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DEPARTMENT OF HUMAN SERVICES,

AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES




 

DIVISION 346
CHILD FOSTER HOMES

411-346-0100
Statement of Purpose
The rules in OAR chapter 411, division
346 prescribe the standards and procedures for the provision of care and services
for children with intellectual or developmental disabilities in child foster homes
certified by the Department of Human Services as a condition for certification and
payment.
Stat. Auth.: ORS 409.050 & 443.835
Stats. Implemented: ORS 430.215,
443.830, and 443.835
Hist.: MHD 15-2000(Temp),
f. & cert. ef. 11-30-00 thru 5-28-01; MHD 3-2001, f. 5-25-01, cert. ef. 5-28-01;
Renumbered from 309-046-0100, SPD 34-2004, f. 11-30-04, cert. ef. 1-1-05; SPD 10-2007,
f. 6-27-07, cert. ef. 7-5-07; SPD 7-2010, f. 6-29-10, cert. ef. 7-1-10; SPD 62-2013,
f. 12-27-13, cert. ef. 12-28-13
411-346-0110
Definitions
Unless the context indicates otherwise,
the following definitions and the definitions in OAR 411-317-0000 apply to the rules
in OAR chapter 411, division 346:
(1) "Abuse" means:
(a) "Abuse" as defined in
ORS 419B.005 for a child less than 18 years of age; and
(b) "Abuse" as defined in
OAR 407-045-0260 when a young adult between the ages of 18 and 21 resides in a certified
child foster home.
(2) "Alternate Caregiver"
means any person 18 years of age and older responsible for the care or supervision
of a child in foster care.
(3) "Alternative Educational
Plan" means any school plan that does not occur within the physical school setting.
(4) "Appeal" means the process
for a contested hearing under ORS chapter 183 that a foster provider may use to
petition the suspension, denial, non-renewal, or revocation of their certificate
or application.
(5) "Applicant" means a person
who wants to become a child foster provider, lives at the residence where a child
in foster care is to live, and is applying for a child foster home certificate or
is renewing a child foster home certificate.
(6) "Aversive Stimuli" means
the use of any natural or chemical product to alter the behavior of a child, such
as the use of hot sauce or soap in the mouth and spraying ammonia or lemon water
in the face of a child. Psychotropic medications are not considered aversive stimuli.
(7) "Background Check" means
a criminal records check and abuse check as defined in OAR 407-007-0210.
(8) "Behavior Support" means
the services consistent with positive behavioral theory and practice that are provided
to assist with behavioral challenges due to the intellectual or developmental disability
of a child that prevents the child from accomplishing activities of daily living,
instrumental activities of daily living, health related tasks, and provides cognitive
supports to mitigate behavior. Behavior supports are provided in the home or community.
(9) "Behavior Support Plan"
means the written strategy based on person-centered planning and a functional assessment
that outlines specific instructions for a foster provider to follow to cause the
challenging behaviors of a child to become unnecessary and to change the behavior
of the provider, adjust environment, and teach new skills.
(10) "Case Plan" means the
goal-oriented, time-limited, individualized plan of action for a child and the family
of the child developed by the family and the Children, Adults, and Families Division
of the Department for promotion of the safety, permanency, and well-being of the
child.
(11) "Case Worker" means
an employee of the Children, Adults, and Families Division of the Department.
(12) "CDDP" means "Community
Developmental Disability Program" as defined in OAR 411-320-0020.
(13) "Certificate" means
a document issued by the Department that notes approval to operate a child foster
home for a period not to exceed two years.
(14) "Certifying Agency"
means the Department, CDDP, or an agency approved by the Department who is authorized
to gather required documentation to issue or maintain a child foster home certificate.
(15) "Child" means:
(a) An individual who is
less than 18 years of age who has a provisional determination of an intellectual
or developmental disability by the CDDP; or
(b) A young adult age 18
through 21 with an intellectual or developmental disability who is remaining in
the same foster home for the purpose of completing their IEP based on the recommendation
of the ISP team and an approved certification variance.
(16) "Child Foster Home"
means a home certified by the Department that is maintained and lived in by the
person named on the foster home certificate.
(17) "Child Foster Home Contract"
means an agreement between a foster provider and the Department that describes the
responsibility of the foster provider and the Department.
(18) "Child Placing Agency"
means the Department, CDDP, or the OYA.
(19) "Commercial Basis" means
providing and receiving compensation for the temporary care of individuals not identified
as members of the household.
(20) "Community Nursing Services"
mean the nursing services that focus on the chronic and ongoing health and safety
needs of a child. Community nursing services include an assessment, monitoring,
delegation, training, and coordination of services. Community nursing services are
provided according to the rules in OAR chapter 411, division 48 and the Oregon State
Board of Nursing rules in OAR chapter 851.
(21) "Delegation" means that
a registered nurse authorizes a foster provider or alternate caregiver to perform
nursing tasks and confirms that authorization in writing. Delegation may occur only
after a registered nurse follows all steps of the delegation process as outlined
in OAR chapter 851, division 47.
(22) "Denial" means the refusal
of the certifying agency to issue a certificate of approval to operate a child foster
home because the certifying agency has determined that the home or the applicant
is not in compliance with one or more of these rules.
(23) "Department" means the
Department of Human Services.
(24) "Developmental Disability"
means "developmental disability" as defined in OAR 411-320-0020 and described in
OAR 411-320-0080.
(25) "DHS-CW" means the child
welfare program area within the Children, Adults, and Families Division of the Department.
(26) "Direct Nursing Services"
means the provision of individual-specific advice, plans, or interventions by a
nurse at a home based on the nursing process as outlined by the Oregon State Board
of Nursing. Direct nursing service differs from administrative nursing services.
Administrative nursing services include non-individual-specific services, such as
quality assurance reviews, authoring health related agency policies and procedures,
or providing general training for the foster provider or alternate caregivers.
(27) "Director" means the
Director of the Department of Human Services, Office of Developmental Disability
Services, or the designee of the Director.
(28) "Discipline" means "behavior
support" as defined in this rule.
(29) "Domestic Animals" mean
the animals domesticated so as to live and breed in a tame condition, such as dogs,
cats, and domesticated farm stock.
(30) "Educational Surrogate"
means the person who acts in place of a parent in safeguarding the rights of a child
in the public education decision-making process:
(a) When the parent of the
child cannot be identified or located after reasonable efforts;
(b) When there is reasonable
cause to believe that the child has a disability and is a ward of the state; or
(c) At the request of the
parent of the child or young adult student.
(31) "Emergency Certificate"
means a foster home certificate issued for 30 days.
(32) "Entry" means admission
to a Department-funded developmental disability service.
(33) "Exit" means termination
or discontinuance of a Department-funded developmental disability service by a Department
licensed or certified provider.
(34) "Foster Care" means
a child is placed away from their parent or guardian in a certified child foster
home.
(35) "Foster Provider" means
the certified care provider who resides at the address listed on the foster home
certificate. A foster provider is considered a private agency for purposes of mandatory
reporting of abuse.
(36) "Functional Needs Assessment":
(a) Means the comprehensive
assessment or re-assessment that:
(A) Documents physical, mental,
and social functioning;
(B) Identifies risk factors,
choices and preferences, service and support needs, strengths, and goals; and
(C) Determines the service
level.
(b) The functional needs
assessment for a child residing in a foster home is known as the Support Needs Assessment
Profile (SNAP).
(37) "Guardian" means the
parent of a minor child or a person or agency appointed and authorized by a court
to make decisions about services for a child in foster care.
(38) "Home Inspection" means
the on-site, physical review of the home of an applicant to assure the applicant
meets all health and safety requirements within these rules.
(39) "Home Study" means the
assessment process used for the purpose of determining the ability of an applicant
to care for a child in need of foster care placement.
(40) "ICWA" means the Indian
Child Welfare Act.
(41) "IEP" means "Individualized
Education Plan". An IEP is a written plan of instructional goals and objectives
developed in conference with a teacher, student, the guardian of the student, and
a representative of the school district.
(42) "Incident Report" means
the written report of any injury, accident, act of physical aggression, use of protective
physical intervention, or unusual incident involving a child in foster care.
(43) "Individual" means a
child or an adult with an intellectual or developmental disability applying for,
or determined eligible for, Department-funded services. Unless otherwise specified,
references to individual also include the legal or designated representative of
the individual, who has the ability to act for the individual and to exercise the
rights of the individual.
(44) "Intellectual Disability"
means "intellectual disability" as defined in OAR 411-320-0020 and described in
OAR 411-320-0080.
(45) "Involuntary Reduction"
means a foster provider has made the decision to reduce services provided to a child
and the child or the parent or guardian of the child has not given prior approval.
(46) "Involuntary Transfer"
means a foster provider has made the decision to transfer a child and the child
or the parent or guardian of the child has not given prior approval.
(47) "ISP" means "Individual
Support Plan". An ISP includes the written details of the supports, activities,
and resources required for a child to achieve and maintain personal goals and health
and safety. The ISP is developed at least annually to reflect decisions and agreements
made during a person-centered process of planning and information gathering that
is driven by the child. The ISP reflects the services and supports that are important
to meet the needs of the child identified through a functional needs assessment
as well as the preferences for providers, delivery, and frequency of services and
supports. The ISP is the plan of care for Medicaid purposes and reflects whether
services are provided through a waiver, Community First Choice state plan, natural
supports, or alternative resources.
(48) "ISP Team" means a team
composed of the child in foster care (when appropriate) and the parent or guardian
of the child, CDDP services coordinator, and others chosen by the child or the parent
or guardian of the child, such as the foster provider or family members of the child.
(49) "Licensed Medical Professional"
means a person who meets the following:
(a) Holds at least one of
the following valid licensures or certifications:
(A) Physician licensed to
practice in Oregon;
(B) Nurse practitioner certified
by the Oregon State Board of Nursing under ORS 678.375; or
(C) Physician’s assistant
licensed to practice in Oregon; and
(b) Whose training, experience,
and competence demonstrate expertise in children’s mental health and the ability
to conduct a mental health assessment and provide psychotropic medication management
for a child in foster care.
(50) "MAR" means medication
administration record.
(51) "Mechanical Restraint"
means any mechanical device, material, object, or equipment that is attached or
adjacent to the body that cannot be easily removed or easily negotiated around that
restricts freedom of movement or access to the body.
(52) "Member of the Household"
means any adult or child living in the home, including an employee or volunteer
assisting in the care provided to a child placed in the home. A child in foster
care is not considered a member of the household.
(53) "Mental Health Assessment"
means the assessment used to determine the need for mental health services by interviewing
a child and obtaining all pertinent biopsychosocial information as identified by
the child, the family of the child, and collateral sources. A mental health assessment:
(a) Addresses the condition
presented by the child;
(b) Determines a diagnosis;
and
(c) Provides treatment direction
and individualized services and supports.
(54) "Misuse of Funds" includes,
but is not limited to, a foster provider or staff person:
(a) Borrowing from, or loaning
money to, a child in foster care;
(b) Witnessing a will in
which the foster provider or a staff person is a beneficiary;
(c) Adding the name of the
foster provider or staff person to the bank account of a child or other titles for
personal property without approval of the child when of age to give legal consent,
or the guardian of the child and authorization of the ISP team;
(d) Inappropriately expending
or theft of the personal funds of a child;
(e) Using the personal funds
of a child for the benefit of the foster provider or staff person; or
(f) Commingling the funds
of a child with the funds of the foster provider or the funds of another child.
(55) "Monitoring" means:
(a) The observation of a
certified child foster home by the Department or the designee of the Department
to determine continuing compliance with these rules; and
(b) The periodic review of
the implementation of services and supports identified in an ISP and the quality
of services delivered.
(56) "Nursing Service Plan"
means the plan that is developed by a registered nurse based on an initial nursing
assessment, reassessment, or an update made to a nursing assessment as the result
of a monitoring visit.
(a) The Nursing Service Plan
is specific to a child and identifies the diagnoses and health needs of the child
and any service coordination, teaching, or delegation activities.
(b) The Nursing Service Plan
is separate from the ISP as well as and any service plans developed by other health
professionals.
(57) "Occupant" means any
person having official residence in a certified child foster home.
(58) "OIS" means "Oregon
Intervention System". OIS is the system of providing training of elements of positive
behavior support and non-aversive behavior intervention. OIS uses principles of
pro-active support and describes approved protective physical intervention techniques
used to maintain health and safety.
(59) "OYA" means "Oregon
Youth Authority". OYA is the agency that has been given commitment and supervision
responsibilities over a youth offender by order of the juvenile court under ORS
137.124 or other statute, until the time that a lawful release authority authorizes
release or terminates the commitment or placement.
(60) "Permanent Foster Care"
means the long term contractual agreement between a foster provider and the Children,
Adults, and Families Division of the Department, approved by the juvenile court
that specifies the responsibilities and authority of the foster provider and the
commitment by the permanent foster provider to raise a child until the age of majority
or until the court determines that permanent foster care is no longer the appropriate
plan for the child.
(61) "Positive Behavioral
Theory and Practice" means a proactive approach to behavior and behavior interventions
that:
(a) Emphasizes the development
of functional alternative behavior and positive behavior intervention;
(b) Uses the least intrusive
intervention possible;
(c) Ensures that abusive
or demeaning interventions are never used; and
(d) Evaluates the effectiveness
of behavior interventions based on objective data.
(62) "PRN (pro re nata)"
means the administration of a medication to a child on an 'as needed' basis.
(63) "Protected Health Information"
means any oral or written health information that identifies a child and relates
to the past, present, or future physical or mental health condition, health care
treatment, or payment for health care treatment.
(64) "Protective Physical
Intervention" means any manual physical holding of, or contact with, a child that
restricts freedom of movement.
(65) "Psychotropic Medication"
means a medication the prescribed intent of which is to affect or alter thought
processes, mood, or behavior including, but not limited to, anti-psychotic, antidepressant,
anxiolytic (anti-anxiety), and behavior medications. The classification of a medication
depends upon its stated, intended effect when prescribed.
(66) "Qualified Mental Health
Professional" means a licensed medical practitioner or any other meeting the minimum
qualifications specified in OAR 309-019-0125.
(67) "Relief Care" means
the intermittent services that are provided on a periodic basis for the relief of,
or due to the temporary absence of, a person normally providing supports to a child
in foster care. Relief care may include 24-hour relief care or hourly relief care.
(68) "Revocation" means the
action taken by the certifying agency to rescind a child foster home certificate
of approval after the certifying agency has determined that the foster provider
or the child foster home is not in compliance with one or more of these rules.
(69) "Services Coordinator"
means "services coordinator" as defined in OAR 411-320-0020.
(70) "Significant Medical
Needs" includes, but is not limited to, total assistance required for all activities
of daily living, such as access to food or fluids, daily hygiene that is not attributable
to the chronological age of a child, and frequent medical interventions required
by a Nursing Service Plan or ISP for health and safety of the child.
(71) "Special Diet" means
the specially prepared food or particular types of food that are specific to the
medical condition or diagnosis of a child and in support of an evidence-based treatment
regimen.
(72) "Suspension" means an
immediate, temporary withdrawal of the approval to operate a child foster home after
the certifying agency determines a foster provider or the child foster home is not
in compliance with one or more of these rules or there is a threat to the health,
safety, or welfare of a child.
(73) "These Rules" mean the
rules in OAR chapter 411, division 346.
(74) "Transfer" means movement
of a child from one home to another home administered or operated by the same foster
provider.
(75) "Transition Plan" means
the ISP describing necessary services and supports for a child upon entry to a new
service setting. The Transition Plan is approved by a services coordinator and includes
a summary of the services necessary to facilitate adjustment to the services offered,
the supports necessary to ensure health and safety, and the assessments and consultations
necessary for further ISP development.
(76) "Unauthorized Absence"
means any length of time when a child is absent from a foster home without prior
approval as specified in the ISP for the child.
(77) "Unusual Incident" means
any incident involving a child that includes an act of physical aggression, serious
illness or an accident, injury or illness requiring inpatient or emergency hospitalization,
a suicide attempt, death, a fire requiring the services of a fire department, or
any incident requiring an abuse investigation.
(78) "Urgent Medical Need"
means the onset of psychiatric or medical symptoms requiring attention within 48
hours to prevent a serious deterioration in the mental or physical condition of
a child.
(79) "Variance" means the
temporary exemption from a regulation or provision of these rules that may be granted
by the Department upon written application by the certifying agency.
(80) "Young Adult" means
an individual age 18 through 21 who resides in a child foster home.
Stat. Auth.: ORS 409.050 & 443.835
Stats. Implemented: ORS 430.215,
443.830, 443.835
Hist.: MHD 15-2000(Temp),
f. & cert. ef. 11-30-00 thru 5-28-01; MHD 3-2001, f. 5-25-01, cert. ef. 5-28-01;
Renumbered from 309-046-0110, SPD 34-2004, f. 11-30-04, cert. ef. 1-1-05; SPD 10-2007,
f. 6-27-07, cert. ef. 7-5-07; SPD 25-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru
6-30-10; SPD 7-2010, f. 6-29-10, cert. ef. 7-1-10; SDP 6-2011(Temp), f. & cert.
ef. 2-10-11 thru 8-1-11; SPD 15-2011, f. & cert. ef. 7-1-11; SPD 27-2013(Temp),
f. & cert. ef. 7-1-13 thru 12-28-13; SPD 62-2013, f. 12-27-13, cert. ef. 12-28-13;
APD 28-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14; APD 46-2014, f. 12-26-14,
cert. ef. 12-28-14
411-346-0120
Certification Required
(1) Any home that meets the definition
of a child foster home must be certified by one of the following agencies:
(a) The Department;
(b) DHS-CW; or
(c) The OYA.
(2) A child in foster care
shall only be placed in a certified child foster home.
Stat. Auth.: ORS 409.050 & 443.835
Stats. Implemented: ORS 430.215,
443.830, 443.835
Hist.: MHD 15-2000(Temp),
f. & cert. ef. 11-30-00 thru 5-28-01; MHD 3-2001, f. 5-25-01, cert. ef. 5-28-01;
Renumbered from 309-046-0120, SPD 34-2004, f. 11-30-04, cert. ef. 1-1-05; SPD 10-2007,
f. 6-27-07, cert. ef. 7-5-07; SPD 7-2010, f. 6-29-10, cert. ef. 7-1-10; SPD 62-2013,
f. 12-27-13, cert. ef. 12-28-13
411-346-0130
Indian Child Welfare Act
The Native American Child Welfare Act
(ICWA) gives federally recognized Native American tribes the authority to select
a home for a child protected by the ICWA. Tribes and Alaskan Native Regional Corporations
may license, approve, or specify a foster home for a child protected by the ICWA.
The tribe is authorized to decide which of the following three preferences to use
or whether to request that the Department or DHS-CW certify the home. When the tribe
requests the Department to certify the home, the Department shall use these rules
for certification. Native American children placed in relative homes whether licensed,
certified, or selected by the tribe are eligible for foster care payments when DHS-CW
has legal custody. Preference shall be given for placement with:
(1) A member of the Native
American child's extended family;
(2) A foster home licensed,
approved, or specified by the child's tribe; or
(3) A Native American foster
home licensed or approved by an authorized non-Native American licensing authority.
Stat. Auth.: ORS 409.050 & 443.835
Stats. Implemented: ORS 430.215,
443.830, 443.835
Hist.: MHD 15-2000(Temp),
f. & cert. ef. 11-30-00 thru 5-28-01; MHD 3-2001, f. 5-25-01, cert. ef. 5-28-01;
Renumbered from 309-046-0130, SPD 34-2004, f. 11-30-04, cert. ef. 1-1-05; SPD 10-2007,
f. 6-27-07, cert. ef. 7-5-07; SPD 7-2010, f. 6-29-10, cert. ef. 7-1-10; ; SPD 62-2013,
f. 12-27-13, cert. ef. 12-28-13
411-346-0140
Selection
(1) The Department or the CDDP shall
recruit foster providers who have the abilities and commitment to carry out the
responsibilities set forth in these rules to meet the Department's specific need
for homes. The Department shall determine which applicants are certified. The CDDP
staff shall determine which home is best for a particular child.
(2) A foster provider must
be a responsible, stable, emotionally mature adult who exercises sound judgment
and has the capacity to meet the mental, physical, and emotional needs of a child
placed in foster care.
(3) A foster provider must
demonstrate the following traits:
(a) Capacity to give and
receive affection;
(b) Kindness;
(c) Flexibility;
(d) A sense of humor; and
(e) The ability to deal with
frustration and conflict.
Stat. Auth.: ORS 409.050 & 443.835
Stats. Implemented: ORS 430.215,
443.830, 443.835
Hist.: MHD 15-2000(Temp),
f. & cert. ef. 11-30-00 thru 5-28-01; MHD 3-2001, f. 5-25-01, cert. ef. 5-28-01;
Renumbered from 309-046-0140, SPD 34-2004, f. 11-30-04, cert. ef. 1-1-05; SPD 10-2007,
f. 6-27-07, cert. ef. 7-5-07; SPD 7-2010, f. 6-29-10, cert. ef. 7-1-10; SPD 62-2013,
f. 12-27-13, cert. ef. 12-28-13
411-346-0150
General Requirements for Certification
(1) An applicant or foster provider
must participate in certification and certification renewal studies and in the ongoing
monitoring of their home.
(2) An applicant or foster
provider must give the information required by the Department to verify compliance
with all applicable rules, including change of address and change of number of people
in the household such as relatives, employees, or volunteers.
(3) An applicant seeking
certification from the Department must complete the Department application forms.
When two or more adults living in the home share foster provider responsibilities
to any degree, each adult must be listed on the application as applicant and co-applicant.
(4) An applicant must disclose
each state or territory the applicant has lived in the last five years and for a
longer period if requested by the certifying agency. The disclosure must include
the address, city, state, and zip code of previous residences.
(5) An applicant must provide
the following information:
(a) Names and addresses of
any agencies in the United States where any occupant of the home has been licensed
or certified to provide care to children or adults and the status of such license
or certification, such as licenses or certificates for residential care, nurse,
nurse’s aide, and foster care;
(b) Proposed number, gender,
age range, disability, and support needs of children to be served in foster care;
(c) School reports for any
child of school age living in the home at the time of initial application. School
reports for any child of school age living in the home within the last year may
also be required;
(d) Names and addresses of
at least four people, three of whom are unrelated, who have known each applicant
for two years or more and who can attest to the character of the applicant and the
ability of the applicant to care for children. The Department may contact schools,
employers, adult children, and other sources as references;
(e) Reports of all criminal
charges, arrests, or convictions, including the date of offense and the resolution
of those charges, for all employees or volunteers and people living in the home.
If the minor children of the applicant are living in the home, the applicant must
also list reports of all criminal or juvenile delinquency charges, arrests, or convictions,
including the date of offense and the resolution of those charges;
(f) Founded reports of child
abuse or substantiated abuse, including dates, locations, and resolutions of those
reports, for all people living in the home, as well as all applicant or provider
employees, independent contractors, and volunteers;
(g) Demonstration, upon initial
certification, of successful completion of 15 hours of pre-service training.
(h) Demonstration, upon initial
certification, of income sufficient to meet the needs and to ensure the stability
and financial security of the family independent of the foster care payment;
(i) All child support obligations
in any state, including whether the obligor is current with payments or in arrears,
and whether any wages of the applicant or foster provider are being attached or
garnished for any reason;
(j) A statement from a physician,
on a form provided by the Department, that each applicant is physically and mentally
capable of providing care;
(k) A floor plan of the house
showing the location of:
(A) Rooms, indicating the
bedrooms for the child in foster care, caregiver, and other occupants of the home;
(B) Windows;
(C) Exit doors;
(D) Smoke alarms and fire
extinguishers; and
(E) Wheel chair ramps, if
applicable; and
(l) A diagram of the house
and property showing safety devices for fire places, wood stoves, water features,
outside structures, and fencing.
(6) Falsification or omission
of any of the information for certification may be grounds for denial or revocation
of the child foster home certification.
(7) Applicants must be at
least 21 years of age. Applicants who are "Indian" as defined in the ICWA may be
18 years of age or older if an Indian child to be placed is in the legal custody
of DHS-CW.
(8) Applicants, foster providers,
alternate caregivers, employees of foster providers, volunteers, other occupants
in the foster home who are 18 years of age or older, other adults having regular
contact in the foster home with a child in foster care, and any subject individual
as defined in OAR 407-007-0210 must consent to a background check by the Department
in accordance with 407-007-0200 to 407-007-0370 (Background Check Rules) and under
ORS 181.534. The Department may require a background check on members of the household
less than 18 years of age if there is reason to believe that a member of the household
may pose a risk to a child placed in the home. All people subject to a background
check are required to complete an Oregon background check and a national background
check as described in OAR 407-007-0200 to 407-007-0370, including the use of fingerprint
cards.
(a) Alternate caregivers,
employees of foster providers, and volunteers may be approved to work in multiple
homes within a county only when working in the same employment role at each home.
The indication of worksite location must be included in the background check request
for each alternate caregiver, employee of the foster provider, or volunteer who
intends to work at various child foster homes within the licensing jurisdiction
of the county.
(b) Effective July 28, 2009,
public funds may not be used to support, in whole or in part, a person described
in section (8) of this rule in any capacity who has been convicted of any of the
disqualifying crimes listed in OAR 407-007-0275.
(c) A person does not meet
qualifications as described in this rule if the person has been convicted of any
of the disqualifying crimes listed in OAR 407-007-0275.
(d) Section (8)(a) and (b)
of this rule do not apply to employees hired prior to July 28, 2009 that remain
in the current position for which the employee was hired.
(e) Any person as described
in section (8) of this rule must self-report any potentially disqualifying condition
as described in OAR 407-007-0280 and OAR 407-007-0290. The person must notify the
Department or the designee of the Department within 24 hours.
(9) The Department may not
issue or renew a certificate if an applicant or member of the household:
(a) Has, after completing
the background check, a fitness determination of "denied".
(b) Has, at any time, been
convicted of a felony in Oregon or any jurisdiction that involves:
(A) Child abuse or neglect;
(B) Spousal abuse;
(C) Criminal activity against
children, including child pornography; or
(D) Rape, sexual assault,
or homicide.
(c) Has, within the past
five years from the date the background check was signed, been convicted of a felony
in Oregon or any jurisdiction that involves:
(A) Physical assault or battery
(other than against a spouse or child); or
(B) Any drug-related offense.
(d) Has been found to have
abused or neglected a child or adult as defined in ORS 419B.005 or as listed in
OAR 407-045-0260.
(e) Has, within the past
five years from the date the child foster home application was signed, been found
to have abused or neglected a child or adult in the United States as defined by
that jurisdiction or any other jurisdiction.
(10) An applicant or foster
provider may request to withdraw an application any time during the certification
process by notifying the certifying agency in writing. Written documentation by
the certifying agency of oral notice may substitute for written notification.
(11) The Department may suspend
or revoke a certificate or may not issue or renew a certificate for a minimum of
five years, if an applicant is found to have a license or certificate to provide
care to children or adults suspended, revoked, or not renewed by other than voluntary
request.
(12) The Department may not
issue or renew a certificate based on an evaluation of any negative references,
school reports, statement of a physician, or previous licensing or certification
reports from other agencies or states.
(13) A Department employee
may be a foster provider, or an employee of an agency that contracts with the Department
as a foster provider, if the position of the employee with the Department does not
influence referral, regulation, or funding of such activities. Prior to engaging
in such activity, the employee must obtain written approval from the Director of
the Department. The written approval must be on file with the Director of the Department
and in the certification file maintained by the Department.
(14) An application is incomplete
and void unless all supporting materials are submitted to the Department within
90 days from the date of the application.
(15) An application may not
be considered complete until all required information is received and verified by
the Department. A decision to approve or deny certification is made by the Department
within 60 days from the receipt of the completed application.
(16) Compliance with these
rules is determined by the Department based on receipt of the completed application
material, an investigation of information submitted, an inspection of the home,
a completed home study, and a personal interview with the provider. A certificate
issued on or after February 1, 2010 is valid for a maximum of two years unless revoked
or suspended.
(17) The Department may attach
conditions to a certificate that limit, restrict, or specify other criteria for
operation of the child foster home.
(18) A condition may be attached
to a certificate that limits a foster provider to the care of a specific child.
A foster provider with this limitation does not receive referrals.
(19) A child foster home
certificate is not transferable or applicable to any location or people other than
those specified on the certificate.
(20) A foster provider who
cares for a child funded by the Department must enter into a contract with the Department
and follow the Department rules governing reimbursement for services and refunds.
(21) A foster provider may
not be the parent or legal guardian of any child placed in their home for foster
care services funded by the Department.
(22) If an applicant or foster
provider intends to provide care for a child with significant medical needs, at
least one provider or applicant must have the following:
(a) An equivalent of one
year of full-time experience in providing direct care to individuals;
(b) Health care professional
qualifications, such as a registered nurse (RN) or licensed practical nurse (LPN),
or the equivalent of two additional years full-time experience providing care and
support to an individual who has a medical condition that is serious and may be
life-threatening;
(c) Copies of all current
health related licenses or certificates and provide those documents to the certifying
agent;
(d) Current certification
in First Aid and Cardiopulmonary Resuscitation (CPR). The CPR training must be done
by a recognized training agency and the CPR certificate must be appropriate to the
ages of the child served in the foster home;
(e) Current satisfactory
references from at least two medical professionals, such as a physician and registered
nurse, who have direct knowledge of the ability of the applicant and past experiences
as a caregiver. The medical professional references may serve as two of the four
references in section (5)(d) of this rule; and
(f) Positive written recommendation
from the Medically Fragile Children’s Unit (MFCU) of the Department if the
foster provider or applicant has provided services through the MFCU or if the foster
provider or applicant has a child in the family home or foster home that has historically
received services through the MFCU.
(23) A foster provider may
not accept a child with significant medical needs unless an initial Nursing Service
Plan for the child is in place at the time of placement that addresses the health
and safety supports for the child.
Stat. Auth.: ORS 409.050 & 443.835
Stats. Implemented: ORS 430.215,
443.830, 443.835
Hist.: MHD 15-2000(Temp),
f. & cert. ef. 11-30-00 thru 5-28-01; MHD 3-2001, f. 5-25-01, cert. ef. 5-28-01;
Renumbered from 309-046-0150, SPD 34-2004, f. 11-30-04, cert. ef. 1-1-05; SPD 10-2007,
f. 6-27-07, cert. ef. 7-5-07; SPD 25-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru
6-30-10; SPD 2-2010(Temp), f. & cert. ef. 3-18-10 thru 6-30-10; SPD 7-2010,
f. 6-29-10, cert. ef. 7-1-10; SDP 6-2011(Temp), f. & cert. ef. 2-10-11 thru
8-1-11; SPD 15-2011, f. & cert. ef. 7-1-11; SPD 62-2013, f. 12-27-13, cert.
ef. 12-28-13; APD 28-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14; APD 46-2014,
f. 12-26-14, cert. ef. 12-28-14
411-346-0160
Renewal of Certificate
(1) At least 90 days prior to the expiration
of a certificate, the Department shall send a reminder notice and application for
renewal to the currently certified provider. Submittal of a renewal application
prior to the expiration date keeps the certificate in effect until the Department
takes action. If the renewal application is not submitted prior to the expiration
date, the child foster home shall be treated as an uncertified home.
(2) The certification renewal
process includes the renewal application and the same supporting documentation as
required for a new certification. With the discretion of the certifying agency,
a financial statement, physician statement, and floor plan may not be required.
(3) A copy of the services
coordinator’s monitoring check list or recommendations from the services coordinators
who have had children in the home within the last year may be requested at the time
of certification renewal.
(4) School reports may not
be required if the Department or the certifying agency reasonably assumes this information
has not changed or is not necessary.
(5) The Department or the
certifying agency may investigate any information in the renewal application and
shall conduct a home inspection.
(6) The provider shall be
given a copy of the inspection form documenting any deficiencies and a time frame
to correct deficiencies. Deficiencies must be corrected no longer than 60 days from
the date of inspection. If documented deficiencies are not corrected within the
time frame specified, the renewal application shall be denied.
(7) Applicants, providers,
providers' substitute caregivers, employees, volunteers, and any other occupants
in the home 18 years of age and older must submit to an Oregon background check
and must continue to meet all certification standards as outlined in these rules.
(8) Each foster provider
must provide documentation of a minimum of 10 hours of Department approved training
per year prior to the renewal of the certificate. A mutually agreed upon training
plan may be part of the re-certification process.
(9) When serving children
with significant medical needs, the foster provider must have a minimum of 6 of
the 10 hours of annual training requirements in specific medical training beyond
First Aid and CPR. The CPR training must be done by a recognized training agency
and the CPR certificate must be appropriate to the ages of the children served in
the foster home.
Stat. Auth.: ORS 409.050 & 443.835
Stats. Implemented: ORS 430.215,
443.830, 443.835
Hist.: MHD 15-2000(Temp),
f. & cert. ef. 11-30-00 thru 5-28-01; MHD 3-2001, f. 5-25-01, cert. ef. 5-28-01;
Renumbered from 309-046-0160, SPD 34-2004, f. 11-30-04, cert. ef. 1-1-05; SPD 10-2007,
f. 6-27-07, cert. ef. 7-5-07; SPD 7-2010, f. 6-29-10, cert. ef. 7-1-10; SDP 6-2011(Temp),
f. & cert. ef. 2-10-11 thru 8-1-11; SPD 15-2011, f. & cert. ef. 7-1-11;
SPD 62-2013, f. 12-27-13, cert. ef. 12-28-13
411-346-0165
Emergency Certification
(1) An emergency certificate may be
issued by the Department for up to 30 days, provided the following conditions are
met:
(a) An Oregon background
check indicates no immediate need for fingerprinting for all persons living in the
home;
(b) A DHS-CW background check
identifies no founded reports of child abuse committed by persons living in the
home;
(c) Applicant has no previous
revocations or suspensions of any license or certificate by any issuing agency for
a foster home, group home, or any other care or support services;
(d) A review of support enforcement
obligations and public assistance cases identifies no substantial financial concerns;
(e) An application and two
references are submitted;
(f) An abbreviated home study
is done; and
(g) A satisfactory home inspection
and a Health and Safety Checklist are completed.
(2) When a child with significant
medical needs shall be living in the foster home, the following additional requirements
must be met before an emergency certificate may be issued:
(a) Current satisfactory
references from at least two medical professionals, such as a physician and registered
nurse who have direct knowledge of the applicant’s ability and past experiences
as a caregiver;
(b) A positive written recommendation
from the Department's Medically Fragile Children’s Unit (MFCU) if the provider
or applicant has provided services through the MFCU or has historically received
services through the MFCU for a child in their family home or foster home;
(c) Current certification
in First Aid and CPR. The CPR training must be done by a recognized training agency
and the CPR certificate must be appropriate to the ages of the children served in
the foster home;
(d) Copies of all current
medical related licenses or certificates must be provided to the certifying agency;
and
(e) Six hours of medical
training beyond CPR and First Aid training as appropriate to the ages of the children
served in the foster home; or
(f) Licensed as a registered
nurse, licensed practical nurse, emergency medical technician, nurse practitioner,
or physician’s assistant.
(3) Emergency certificates
may be issued if the renewal process is incomplete at the time of the renewal.
Stat. Auth.: ORS 409.050 & 443.835
Stats. Implemented: ORS 430.215,
443.830, 443.835
Hist.: SPD 34-2004, f. 11-30-04,
cert. ef. 1-1-05; SPD 10-2007, f. 6-27-07, cert. ef. 7-5-07; SPD 7-2010, f. 6-29-10,
cert. ef. 7-1-10; SDP 6-2011(Temp), f. & cert. ef. 2-10-11 thru 8-1-11; SPD
15-2011, f. & cert. ef. 7-1-11; SPD 62-2013, f. 12-27-13, cert. ef. 12-28-13
411-346-0170
Personal Qualifications of the Applicant
and Foster Provider
((1) The applicant and foster provider
must:
(a) Be responsible, stable,
emotionally mature adults who exercise sound judgment;
(b) Have the interest, motivation,
and ability to nurture, support, and meet the mental, physical, developmental, and
emotional needs of a child placed in the foster home;
(c) Be willing to receive
training and have the ability to learn and use effective child-rearing practices
to enable a child placed in the foster home to grow, develop, and build positive
personal relationships and self esteem;
(d) Demonstrate the knowledge
and understanding of positive, non-punitive discipline and ways of helping a child
in foster care build positive personal relationships, self-control, and self esteem;
(e) Respect the child's relationship
with his or her parents and siblings and be willing to work in partnership with
family members, agencies, and schools involved with the child to attain the goals
as listed in the IEP, ISP, and Case Plan;
(f) Respect the child's privacy
in accordance with the child's age;
(g) Have supportive ties
with others who might support, comfort, and advise them, such as family, friends,
neighborhood contacts, churches, or community groups;
(h) Demonstrate a lifestyle
and personal habits free from abuse or misuse of alcohol or drugs;
(i) Be at least 21 years
of age, unless otherwise specified through ICWA and requirements for placement of
Native American children; and
(j) Be able to realistically
evaluate which children they may accept, work with, and integrate into their family.
(2) HEALTH QUALIFICATIONS.
(a) The applicant and foster
provider must provide the Department with the health history of each member of the
household, including physical and mental health services and treatment received.
Within one working day, the foster provider must inform the Department if any member
of the household has or develops a serious communicable disease or other serious
health condition that may affect the provider's ability to care for the child, or
may affect the health and safety of the child.
(b) The applicant, foster
provider, and other adults in the household caring for a child in foster care must
be physically and mentally able to perform the duties of a foster provider as described
in these rules.
(c) The applicant, foster
provider, and others in the household must be free from abuse or misuse of alcohol
or drugs. In the case of alcoholism or substance abuse, the applicant, foster provider,
or others in the household must demonstrate that they have been substance-free and
sober for at least two years prior to making application for certification.
(d) When requested by the
Department either during the application process or while certified, the applicant
or foster provider must, at their expense and from a source acceptable to the Department,
supply psychological, medical or physical, sex-offender, drug and alcohol, and psychiatric
reports and evaluations to the Department.
Stat. Auth.: ORS 409.050 & 443.835
Stats. Implemented: ORS 430.215,
443.830, 443.835
Hist.: MHD 15-2000(Temp),
f. & cert. ef. 11-30-00 thru 5-28-01; MHD 3-2001, f. 5-25-01, cert. ef. 5-28-01;
Renumbered from 309-046-0170, SPD 34-2004, f. 11-30-04, cert. ef. 1-1-05; SPD 10-2007,
f. 6-27-07, cert. ef. 7-5-07; SPD 7-2010, f. 6-29-10, cert. ef. 7-1-10; SPD 62-2013,
f. 12-27-13, cert. ef. 12-28-13
411-346-0180
Professional Responsibilities of the Foster
Provider
(1) TRAINING AND DEVELOPMENT.
(a) The foster provider must
complete a minimum of 15 hours of pre-service training prior to certification and
10 hours annually for certification renewal. The Department or the certifying agency
may require additional hours of training based on the needs of the child served
in the home.
(b) The foster provider must
participate in training provided or approved by the Department or the certifying
agency. Such training must include educational opportunities designed to enhance
the awareness, understanding, and skills of the foster provider to meet the special
needs of a child placed in the home of the foster provider.
(c) The foster provider must
complete mandatory reporter training prior to initial certification and annually
thereafter.
(d) Mandatory reporter training
must be appropriate to the ages of the individuals living in the child foster home.
(2) RELATIONSHIP WITH THE
CHILD PLACING AGENCY. The foster provider must:
(a) Take part in planning,
preparation, pre-placement activities, and visitation for the child placed in their
home;
(b) Participate as team members
in developing and implementing the ISP when initiated by the CDDP services coordinator
for the child placed in their home;
(c) In advance or within
one business day, notify the certifying agency of changes likely to affect the life
and circumstances of the foster family or the safety in the home including, but
not limited to, the following:
(A) Foster family illness;
(B) Divorce, legal separation,
or loss of a household member;
(C) Significant change in
financial circumstances;
(D) New household members
or placement of a child in foster care by another agency, including relief care;
(E) Arrests or criminal involvement;
(F) The addition of hunting
equipment and weapons;
(G) The addition of a swimming
pool; or
(H) The addition of a pet.
(d) Immediately notify the
CDDP services coordinator and guardian of an injury, illness, or accident of the
child or any unusual incident or circumstance involving the child that may have
a serious effect on the health, safety, physical, or emotional well-being of the
child in foster care;
(e) Notify the guardian and
CDDP staff of any unauthorized absence of a child in foster care within 12 hours
or other mutually agreed upon time as determined by the ISP team;
(f) Sign and abide by the
responsibilities described in the Child Foster Home Contract;
(g) Allow the certifying
agency and child placing agency reasonable access to the child foster home and to
the child placed in the care of the foster provider. Allow family members of the
child reasonable access to the child foster home and the child when placement is
voluntary. For the purpose of these rules, reasonable access means with advance
notice unless there is cause for not giving such notice;
(h) Allow the Department
or certifying agency staff access to:
(A) Investigate reports of
abuse and violations of a regulation or provision of these rules;
(B) Inspect or examine the
home, the records and accounts of a child, and the physical premises including the
buildings, grounds, equipment, and any vehicles; and
(C) Interview the child,
adult, or alternate caregivers.
(i) Participate in interviews
conducted by the Department or the certifying agency; and
(j) Authorize substitute
caregivers to permit entrance by the Department or the certifying agency for the
purpose of inspection and investigation.
(3) ACCEPTING CHILDREN FOR
CARE.
(a) Except as described in
section (3)(c) of this rule, a certified provider may not exceed the following maximum
number of children in the foster home including the biological children of the provider:
(A) A total of four children
when one certified adult lives in the home; or
(B) A total of seven children
when two certified adults live in the home.
(b) All homes are limited
to two children under the age of three.
(c) Any providers certified
prior to July 1, 2007 with a capacity greater than the numbers listed in section
(3)(a) of this rule must meet the standard through attrition as children move out
of the foster home.
(d) At the time of referral,
the foster provider must be given available information about the child including
behavior, skill level, medical status, and other relevant information. The foster
provider is obligated to decline the referral of any child based on the referral
information, parameters of the certification of the child foster home, or if the
provider feels his or her skill level may not safely or effectively support the
child.
(e) A foster provider may
provide relief care in the child foster home for a child upon approval by the certifying
agency or the Department.
(f) A foster provider must
obtain approval from the certifying agency prior to accepting a child for placement.
(g) A child who turns 18
may continue to reside in their current certified child foster home when the ISP
team determines it is in the best interest of the child to remain in their current
certified child foster home. When the ISP team determines a child who is turning
18 may remain in their current certified child foster home, the foster provider
must:
(A) Submit a variance request
to the Department in accordance with OAR 411-346-0210; and
(B) Submit to the Department
and the certifying agency, a copy of the ISP addendum signed by the ISP team noting
it is in the best interest of the child to remain in the current certified child
foster home.
(h) Any variance to subsections
(3)(a) through (3)(h) of this section must take into consideration the maximum safe
physical capacity of the home including:
(A) Sleeping arrangements;
(B) The ratio of adults to
children;
(C) The level of supervision
available;
(D) The skill level of the
foster provider;
(E) Individual plans for
egress during fire;
(F) The needs of the other
children in placement; and
(G) The desirability of keeping
siblings placed together.
(i) The foster provider may
not care for unrelated adults on a commercial basis in the child foster home or
accept children for day care in the child foster home while currently certified
as a foster provider.
(j) The foster provider must
notify the Department prior to a voluntary closure of a child foster home and give
the parent or guardian of the child and the CDDP 30 days written notice, except
in circumstances where undue delay might jeopardize the health, safety, or well-being
of the child or foster provider.
(4) INVOLUNTARY REDUCTIONS,
TRANSFERS, AND EXITS.
(a) A foster provider must
only reduce, transfer, or exit a child involuntarily for one or more of the following
reasons:
(A) The behavior of the child
poses an imminent risk of danger to self or others;
(B) The child experiences
a medical emergency;
(C) The service needs of
the child exceed the ability of the foster provider;
(D) Failure to pay for services;
or
(E) The certification for
the child foster home is suspended, revoked, not renewed, or voluntarily surrendered.
(b) NOTICE OF INVOLUNTARY
REDUCTION, TRANSFER, OR EXIT. A foster provider must not reduce services, transfer,
or exit a child involuntarily without 30 days advance written notice to the parent
or guardian of the child and the CDDP services coordinator, except in the case of
a medical emergency or when a child is engaging in behavior that poses an imminent
danger to self or others as described in subsection (c) of this section.
(A) The written notice must
be provided on the Notice of Involuntary Reduction, Transfer, or Exit form approved
by the Department and include:
(i) The reason for the reduction,
transfer, or exit; and
(ii) The right to a hearing
as described in subsection (e) of this section.
(B) A Notice of Involuntary
Reduction, Transfer, or Exit is not required when the parent or guardian of a child
requests the reduction, transfer, or exit.
(c) A foster provider may
give less than 30 days advance written notice only in a medical emergency or when
a child is engaging in behavior that poses an imminent danger to self or others
in the home. The notice must be provided to the parent or guardian of the child
and the CDDP services coordinator immediately upon determination of the need for
a reduction, transfer, or exit.
(d) A foster provider is
responsible for the provision of services until a child exits the home.
(e) HEARING RIGHTS. A child
and the parent or guardian of a child must be given the opportunity for a hearing
under ORS chapter 183 and OAR 411-318-0030 to dispute an involuntary reduction,
transfer, or exit. If a child or the parent or guardian of a child requests a hearing,
the child must receive the same services until the hearing is resolved. When a child
has been given less than 30 days advance written notice of a reduction, transfer,
or exit as described in subsection (c) of this section and the child or the parent
or guardian of the child has requested a hearing, the foster provider must reserve
the room of the child until receipt of the final order.
(5) RELATIONSHIP WITH THE
FAMILY OF A CHILD. In accordance with the ISP for a child and the guardian of the
child, the foster provider must:
(a) Support the relationship
of the child with family members, including siblings;
(b) Assist the CDDP staff
and the guardian in planning visits with the child and the family members of the
child; and
(c) Provide the child reasonable
opportunities to communicate with his or her family members.
(6) CONFIDENTIALITY.
(a) The foster provider and
the family of the foster provider must treat personal information about a child
or the family of a child in a confidential manner. Confidential information is to
be disclosed on a need to know basis to law enforcement, certifying agency staff,
CDDP staff, DHS-CW child protective services staff, DHS-CW case workers, and medical
professionals who are treating or providing services to the child. The information
shared must be limited to the health, safety, and service needs of the child.
(b) In addition to the requirements
in subsection (6)(a) of this section, the foster provider and the family of the
foster provider must comply with the provisions of ORS 192.553 to 192.568 and therefore
may use or disclose the protected health information of a child only:
(A) To law enforcement, certifying
agency staff, CDDP staff, and DHS-CW staff;
(B) As authorized by the
personal representative or guardian of the child appointed under ORS 125.305, 419B.372,
419C.481, or 419C.555;
(C) For purposes of obtaining
health care treatment for the child;
(D) For purposes of obtaining
payment for health care treatment; or
(E) As permitted or required
by state or federal law or by order of a court.
(c) The foster provider must
keep all written records for each child in a manner that ensures their confidentiality.
(7) MANDATORY REPORTING.
(a) The foster provider and
the employees and volunteers of the foster provider are mandatory reporters of suspected
abuse of any child as defined by ORS 419B.005. Upon reasonable cause to believe
that abuse has occurred, all adult members of the household and any foster provider,
employees, independent contractors, or volunteers must report pertinent information
to DHS-CW or law enforcement.
(b) When the certified child
foster provider, employees of the foster provider, independent contractors, or volunteers
are providing services to an individual 18 years or older and have reason to believe
abuse as defined in OAR 407-045-0260 has occurred, the foster provider, employees
of the foster provider, independent contractors, or volunteers must report the pertinent
information to the CDDP or law enforcement in accordance with ORS 430.737.
(c) Any protective physical
intervention that results in an injury to the child, as defined in ORS 419B.005,
must be reported to DHS-CW and the CDDP services coordinator by the foster provider.
Same day oral notification is required.
Stat. Auth.: ORS 409.050 & 443.835
Stats. Implemented: ORS 430.215,
443.830, 443.835
Hist.: MHD 15-2000(Temp),
f. & cert. ef. 11-30-00 thru 5-28-01; MHD 3-2001, f. 5-25-01, cert. ef. 5-28-01;
Renumbered from 309-046-0180, SPD 34-2004, f. 11-30-04, cert. ef. 1-1-05; SPD 10-2007,
f. 6-27-07, cert. ef. 7-5-07; SPD 25-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru
6-30-10; SPD 7-2010, f. 6-29-10, cert. ef. 7-1-10; SPD 27-2013(Temp), f. & cert.
ef. 7-1-13 thru 12-28-13; SPD 62-2013, f. 12-27-13, cert. ef. 12-28-13; APD 28-2014(Temp),
f. & cert. ef. 7-1-14 thru 12-28-14; APD 46-2014, f. 12-26-14, cert. ef. 12-28-14
411-346-0190
Standards and Practices for Care and Services
(1) The foster provider must:
(a) Provide structure and
daily activities designed to promote the physical, social, intellectual, cultural,
spiritual, and emotional development of the child in the child foster home;
(b) Provide playthings and
activities in the foster home, including games, recreational and educational materials,
and books, appropriate to the chronological age, culture, and developmental level
of the child;
(c) In accordance with the
ISP and as defined in the DHS-CW case plan (if applicable), encourage the child
to participate in community activities with family, friends, and on his or her own
when appropriate;
(d) Promote the independence
and self-sufficiency of the child by encouraging and assisting the child to develop
new skills and perform age-appropriate tasks;
(e) In accordance with the
ISP and as defined in the DHS-CW case plan (if applicable), ask the child in foster
care to participate in household chores appropriate to the age and ability of the
child that are commensurate with household chores expected of the children of the
foster provider;
(f) Provide the child with
reasonable access to a telephone and to writing materials;
(g) In accordance with the
ISP and as defined in the DHS-CW Case Plan (if applicable), permit and encourage
the child to have visits with family and friends;
(h) Allow regular contacts
and private visits or phone calls with the CDDP services coordinator and the DHS-CW
case worker (if applicable); and
(i) Not allow a child in
foster care to baby-sit in the child foster home or elsewhere without permission
of the CDDP services coordinator and the guardian.
(2) RELIGIOUS, ETHNIC, AND
CULTURAL HERITAGE.
(a) The foster provider must
recognize, encourage, and support the religious beliefs, ethnic heritage, cultural
identity, and language of a child and the family of a child.
(b) In accordance with the
ISP and the preferences of the guardian of the child, the foster provider must participate
with the ISP team to arrange transportation and appropriate supervision during religious
services or ethnic events for a child whose beliefs and practices are different
from those of the foster provider.
(c) The foster provider may
not require a child to participate in religious activities or ethnic events contrary
to the beliefs of the child.
(3) PUBLIC EDUCATION. The
foster provider:
(a) Must enroll each child
of school age in public school within five school days of the placement and arrange
for transportation;
(b) Must comply with any
Alternative Educational Plan described in the IEP for the child;
(c) Must be actively involved
in the school program for the child and must participate in the development of the
IEP. The foster provider may apply to be the educational surrogate of the child
if requested by the parent or guardian of the child;
(d) Must consult with school
personnel when there are issues with the child in school and report to the guardian
and CDDP services coordinator any serious situations that may require Department
involvement;
(e) Must support the child
in his or her school or educational placement;
(f) Must assure the child
regularly attends school or educational placement and monitor the educational progress
of the child; and
(g) May sign consent to the
following school related activities:
(A) School field trips within
the state of Oregon;
(B) Routine social events;
(C) Sporting events;
(D) Cultural events; and
(E) School pictures for personal
use only unless prohibited by the court or legal guardian.
(4) ALTERNATE CAREGIVERS.
(a) The foster provider must
arrange for safe and responsible alternate care.
(b) A child care plan for
a child in foster care must be approved by the Department, the CDDP, or DHS-CW before
it is implemented. When a child is cared for by a child care provider or child care
center, the provider or center must be certified as required by the State Child
Care Division (ORS 657A.280) or be a certified foster provider.
(c) The foster provider must
have a Relief Care Plan approved by the certifying agency or the Department when
using alternate caregivers.
(d) The foster provider must
assure the alternate caregivers, consultants, and volunteers are:
(A) 18 years of age or older;
(B) Capable of assuming foster
care responsibilities;
(C) Present in the home;
(D) Physically and mentally
capable to perform the duties of the foster provider as described in these rules;
(E) Cleared by a background
check as described in OAR 411-346-0150, including a DHS-CW background check;
(F) Able to communicate with
the child, individuals, agencies providing care to the child, the CDDP services
coordinator, and appropriate others;
(G) Trained on fire safety
and emergency procedures;
(H) Trained on the ISP, Behavior
Support Plan, and any related protocols for the child;
(I) Able to provide the care
needed for the child;
(J) Trained on the required
documentation for health, safety, and behavioral needs of the child;
(K) A licensed driver and
vehicle insurance in compliance with the laws of the Driver and Motor Vehicle Services
Division when transporting children by motorized vehicle;
(L) Not be a person who requires
care in a foster care or group home; and
(M) Not be the parent or
guardian of the child.
(e) When the foster provider
uses an alternate caregiver and the child is staying at the home of the alternate
caregiver, the foster provider must assure the home of the alternate caregiver meets
the necessary health, safety, and environmental needs of the child.
(f) When the foster provider
arranges for social activities of the child for less than 24 hours, including an
overnight arrangement, the foster provider must assure that the person is responsible
and capable of assuming child care responsibilities and is present at all times.
The foster provider still maintains primary responsibility for the child.
(5) FOOD AND NUTRITION.
(a) The foster provider must
offer three nutritious meals daily at times consistent with those in the community.
(A) Daily meals must include
food from the four basic food groups, including fresh fruits and vegetables in season,
unless otherwise specified in writing by a licensed medical professional or qualified
health care provider.
(B) There must be no more
than a 14-hour span between the evening meal and breakfast unless snacks and liquids
are served as supplements.
(C) Consideration must be
given to cultural and ethnic background in food preparation.
(b) Any home canned food
used must be processed according to the guidelines of Oregon State University extension
services (http://extension.oregonstate.edu/fch/food-preservation).
(c) All food items must be
used prior to the expiration date.
(d) The foster provider must
implement special diets only as prescribed in writing by a licensed medical professional
or qualified health care provider.
(e) The foster provider must
prepare and serve meals in the foster home where the child lives. Payment for meals
eaten away from the foster home (e.g. restaurants) for the convenience of the foster
provider is the responsibility of the foster provider.
(f) When serving milk, the
foster provider must only use pasteurized liquid or powdered milk for consumption
by a child in foster care.
(g) A child who must be bottle-fed
and cannot hold the bottle, or is 11 months or younger, must be held during bottle-feeding.
(6) CLOTHING AND PERSONAL
BELONGINGS.
(a) The foster provider must
assure that each child has his or her own clean, well-fitting, seasonal clothing
appropriate to age, gender, culture, individual needs, and comparable to the community
standards.
(b) A school-age child must
participate in choosing his or her own clothing whenever possible.
(c) The foster provider must
allow a child to bring and acquire appropriate personal belongings.
(d) The foster provider must
assure that when a child leaves the child foster home the belongings of the child,
including all personal funds, medications, and personal items, remain with the child.
This includes all items brought with the child and obtained while living in the
child foster home.
(7) BEHAVIOR SUPPORT AND
DISCIPLINE PRACTICES.
(a) The foster provider must
teach and discipline a child with respect, kindness, and understanding, using positive
behavioral theory and practice. Unacceptable practices include, but are not limited
to:
(A) Physical force, spanking,
or threat of physical force inflicted in any manner upon the child;
(B) Verbal abuse, including
derogatory remarks about the child or the family of the child that undermine the
self-respect of the child;
(C) Denial of food, clothing,
or shelter;
(D) Denial of visits or contacts
with family members, except when otherwise indicated in the ISP or the DHS-CW case
plan (if applicable);
(E) Assignment of extremely
strenuous exercise or work;
(F) Threatened or unauthorized
use of protective physical intervention;
(G) Threatened or unauthorized
use of mechanical restraints;
(H) Punishment for bed-wetting
or punishment related to toilet training;
(I) Delegating or permitting
punishment of a child by another child;
(J) Threat of removal from
the child foster home as a punishment;
(K) Use of shower or aversive
stimuli as punishment; and
(L) Group discipline for
misbehavior of one child.
(b) The foster provider must
set clear expectations, limits, and consequences of behavior in a non-punitive manner.
(c) If time-out separation
from others is used to manage behavior, time-out must be included on the ISP for
the child and the foster provider must provide time-out in an unlocked, lighted,
well-ventilated room of at least 50 square feet.
(A) The ISP must include
whether the child needs to be within hearing distance or within sight of an adult
during the time-out.
(B) The time limit must take
into consideration the chronological age, emotional condition, and developmental
level of the child.
(C) Time-out is to be used
for short duration and frequency as approved by the ISP team.
(d) No child in foster care
or other child in a child foster home is to be subjected to physical abuse, sexual
abuse, sexual exploitation, neglect, emotional abuse, mental injury, or threats
of harm as defined in ORS 419B.005 and OAR 407-045-0260.
(e) BEHAVIOR SUPPORT PLAN.
For a child who has demonstrated a serious threat to self, others, or property and
for whom it has been decided a Behavior Support Plan is needed, the Behavior Support
Plan must be developed with the approval of the ISP team.
(f) PROTECTIVE PHYSICAL INTERVENTION.
A protective physical intervention must be used only for health and safety reasons
and under the following conditions:
(A) As part of the ISP team
approved Behavior Support Plan.
(i) When protective physical
intervention is employed as part of the Behavior Support Plan, the foster provider
and alternate caregivers must complete OIS training prior to the implementation
of the Behavior Support Plan.
(ii) The use of any modified
OIS protective physical intervention must have written approval from the OIS Steering
Committee prior to implementation. Documentation of the approval of the OIS Steering
Committee must be maintained in the records for the child.
(B) As in a health-related
protection prescribed by a physician or qualified health care provider, but only
if absolutely necessary during the conduct of a specific medical or surgical procedure,
or only if absolutely necessary for protection during the time that a medical condition
exists.
(C) As an emergency measure
if absolutely necessary to protect the child or others from immediate injury and
only until the child is no longer an immediate threat to self or others.
(g) MECHANICAL RESTRAINT.
(A) The foster provider may
not use mechanical restraints on a child in foster care other than car seat belts
or normally acceptable infant safety products unless ordered by a physician or health
care provider and with the agreement of the ISP team.
(B) The foster provider must
maintain the original order of the physician or health care provider in the records
for the child and forward a copy to the CDDP services coordinator and guardian.
(h) DOCUMENTATION AND NOTIFICATION
OF USE OF PROTECTIVE PHYSICAL INTERVENTION.
(A) The foster provider must
document the use of all protective physical interventions or mechanical restraints
in an incident report. A copy of the incident report must be provided to the CDDP
services coordinator and guardian.
(B) If an approved protective
physical intervention is used, the foster provider must send a copy of the incident
report within five business days to the CDDP services coordinator and guardian.
(C) If an emergency or non
ISP team approved protective physical intervention is used, the foster provider
must send a copy of the incident report within 24 hours to the CDDP services coordinator
and guardian. The foster provider must make oral notification to the CDDP services
coordinator and guardian no later than the next business day.
(D) The original incident
report must be on file with the foster provider in the records for the child.
(E) The incident report must
include:
(i) The name of the child
to whom the protective physical intervention was applied;
(ii) The date, location,
type, and duration of entire incident and protective physical intervention;
(iii) The name of the provider
and witnesses or people involved in applying the protective physical intervention;
(iv) The name and position
of the person notified regarding the use of the protective physical intervention;
and
(v) A description of the
incident, including precipitating factors, preventive techniques applied, description
of the environment, description of any physical injury resulting from the incident,
and follow-up recommendations.
(8) MEDICAL AND DENTAL CARE.
The foster provider must:
(a) Provide care and services
as appropriate to the chronological age, developmental level, and condition of the
child, and as identified in the ISP;
(b) Assure that the orders
of a physician, qualified health care provider, or other licensed medical professional
are implemented as written;
(c) Inform the physicians
or qualified health care providers of current medications and changes in health
status and if the child refuses care, treatments, or medications;
(d) Inform the guardian and
CDDP services coordinator of any changes in the health status of the child except
as otherwise indicated in the DHS-CW Permanent Foster Care contract agreement and
as agreed upon in the ISP;
(e) Obtain the necessary
medical, dental, therapies, and other treatments of care including, but not limited
to:
(A) Making appointments;
(B) Arranging for or providing
transportation to appointments; and
(C) Obtaining emergency medical
care.
(f) Have prior consent from
the guardian of the child for medical treatment that is not routine, including surgery
and anesthesia, except in cases where a DHS-CW Permanent Foster Care contract agreement
exists;
(g) Keep current medical
records. The records must include when applicable:
(A) Any history of physical,
emotional, and medical problems, illnesses, and mental health status;
(B) Current orders for all
medications, treatments, therapies, use of protective physical intervention, special
diets, adaptive equipment, and any known food or medication allergies;
(C) Completed medication
administration record (MAR) from previous months;
(D) Pertinent medical and
behavioral information, such as hospitalizations, accidents, immunization records,
including Hepatitis B status and previous TB tests, and incidents or injuries affecting
the health, safety, or emotional well-being of the child;
(E) Documentation or other
notations of guardian consent for medical treatment that is not routine including
surgery and anesthesia;
(F) Record of medical appointments;
(G) Medical appointment follow-up
reports provided to the foster provider; and
(H) Copies of previous mental
health assessments, assessment updates including multi-axial DSM diagnosis and treatment
recommendations, and progress records from mental health treatment services.
(h) Provide, when requested,
copies of medical records and medication administration records to the legal guardian
of the child, CDDP services coordinator, and DHS-CW caseworker; and
(i) Provide copies, as applicable,
of the medical records described in subsection (8)(g)(H) of this section to a licensed
medical professional prior to a medical appointment or no later than the time of
the appointment with the licensed medical professional.
(9) MEDICATIONS AND PHYSICIAN
OR QUALIFIED HEALTH CARE PROVIDER ORDERS.
(a) There must be authorization
by a physician or qualified health care provider in the file for the child prior
to the usage of, or implementation of, any of the following:
(A) All prescription medications;
(B) Nonprescription medications
except over the counter topicals;
(C) Treatments other than
basic first aid;
(D) Therapies and use of
mechanical restraint as a health and safety related protection;
(E) Modified or special diets;
(F) Prescribed adaptive equipment;
and
(G) Aids to physical functioning.
(b) The foster provider must
have:
(A) A copy of the authorization
in the format of a written order signed by a physician or a qualified health care
provider; or
(B) Documentation of a telephone
order by a physician or qualified health care provider with changes clearly documented
on the MAR, including the name of the person giving the order, the date and time,
and the name of the person receiving the telephone order; or
(C) A current prescription
or label from the manufacturer as specified by the order of a physician on file
with the pharmacy.
(c) A provider or alternate
caregiver must carry out orders as prescribed by a physician or a qualified health
care provider. Changes may not be made without the authorization of a physician
or a qualified health care provider.
(d) Each medication for a
child, including refrigerated medication, must be clearly labeled with the label
of the pharmacist or in the originally labeled container from the manufacturer and
kept in a locked location or stored in a manner that prevents access by children.
(e) Unused, outdated, or
recalled medications may not be kept in the child foster home and must be disposed
of in a manner that prevents illegal diversion into the possession of people other
than for which the medication was prescribed.
(f) The foster provider must
keep a MAR for each child. The MAR must be kept for all medications administered
by the foster provider or alternate caregiver to that child, including over the
counter medications and medications ordered by physicians or qualified health care
providers and administered as needed (PRN) for the child.
(g) The MAR must include:
(A) The name of the child
in foster care;
(B) A transcription of the
written order of the physician or licensed health care provider, including the brand
or generic name of the medication, prescribed dosage, frequency, and method of administration;
(C) A transcription of the
printed instructions from the package for topical medications and treatments without
an order from a physician or licensed health care provider;
(D) Times and dates of administration
or self-administration of the medication;
(E) Signature of the person
administering the medication or the person monitoring the self-administration of
the medication;
(F) Method of administration;
(G) An explanation of why
a PRN medication was administered;
(H) Documented effectiveness
of any PRN medication administration;
(I) An explanation of all
medication administration or documentation irregularities; and
(J) Any known allergy or
adverse drug reactions and procedures that maintain and protect the physical health
of the child placed in the foster home.
(h) Any errors in the MAR
must be corrected by circling the error and then writing on the back of the MAR
what the error was and why.
(i) Treatments, medication,
therapies, and special diets must be documented on the MAR when not used or applied
according to the order of a physician or licensed health care provider.
(j) SELF-ADMINISTRATION OF
MEDICATION. For any child who is self-administering medication, the foster provider
must:
(A) Have documentation that
a training program was initiated with approval of the ISP team or that training
for the child was unnecessary;
(B) Have a training program
that provides for retraining when there is a change in dosage, medication, and time
of delivery;
(C) Provide for an annual
review, at a minimum as part of the ISP process, upon completion of the training
program;
(D) Assure that the child
is able to handle his or her own medication regime;
(E) Keep medications stored
in a locked area inaccessible to others; and
(F) Maintain written documentation
of all training in the medical record for the child.
(k) The foster provider may
not use alternative medications intended to alter or affect mood or behavior, such
as herbals or homeopathic remedies, without direction and supervision of a licensed
health care provider.
(l) Any medication that is
used with the intent to alter the behavior of a child must be documented in the
ISP for the child.
(m) BALANCING TEST. When
a psychotropic medication is first prescribed and annually thereafter, the foster
provider must obtain a signed balancing test from the prescribing health care provider
using the Balancing Test Form (form SDS 4110). Foster providers must present the
physician or health care provider with a full and clear description of the behavior
and symptoms to be addressed as well as any side effects observed.
(n) PRN prescribed psychotropic
medication is prohibited.
(o) A mental health assessment
by a qualified mental health professional or licensed medical professional must
be completed, except as noted in subparagraph (A) of this subsection, prior to the
administration of a new medication for more than one psychotropic or any antipsychotic
medication to a child in foster care.
(A) A mental health assessment
is not required in the following situations:
(i) In a case of urgent medical
need;
(ii) For a substitution of
a current medication within the same class; or
(iii) A medication order
given prior to a medical procedure.
(B) When a mental health
assessment is required, the foster provider:
(i) Must notify the DHS-CW
caseworker when the child is in legal custody of DHS-CW; or
(ii) Must arrange for a mental
health assessment when the child is a voluntary care placement.
(C) The mental health assessment:
(i) Must have been completed
within three months prior to the prescription; or
(ii) May be an update of
a prior mental health assessment that focuses on a new or acute problem.
(D) Whenever possible, information
from the mental health assessment must be communicated to the licensed medical professional
prior to the issuance of a prescription for psychotropic medication.
(p) Within one business day
after receiving a new prescription or knowledge of a new prescription for psychotropic
medication for the child in foster care, the foster provider must notify:
(A) The CDDP services coordinator;
and
(B) The parent of the child
when the parent retains legal guardianship or the person who has legal guardianship;
or
(C) DHS-CW when DHS-CW is
the legal guardian of the child.
(q) The notification from
the foster provider to the parent or guardian and the CDDP services coordinator
must contain:
(A) The name of the prescribing
physician or qualified health care provider;
(B) The name of the medication;
(C) The dosage, any change
of dosage, suspension, or discontinuation of the current psychotropic medication;
(D) The dosage administration
schedule prescribed; and
(E) The reason the medication
was prescribed.
(r) The foster provider must
get a written informed consent prior to filling a prescription for any new psychotropic
medication except in a case of urgent medical need from DHS-CW when DHS-CW is the
legal guardian.
(s) The foster provider must
cooperate as requested, when a review of psychotropic medications is indicated.
(10) DIRECT NURSING SERVICES.
When direct nursing services are provided to a child, the foster provider must:
(a) Coordinate with the registered
nurse and the ISP team to ensure that the nursing services being provided are sufficient
to meet the health needs of the child; and
(b) Implement the Nursing
Service Plan, or appropriate portions therein, as agreed upon by the ISP team and
the registered nurse.
(11) COMMUNITY NURSING SERVICES.
(a) Community nursing services
include:
(A) Nursing assessments,
including medication reviews;
(B) Care coordination;
(C) Monitoring;
(D) Development of a Nursing
Service Plan;
(E) Delegation and training
of nursing tasks to a foster provider or alternate caregiver;
(F) Teaching and education
of the foster provider and identifying supports that minimize health risks while
promoting the autonomy of a child and self-management of healthcare; and
(G) Collateral contact with
a services coordinator regarding the community health status of a child to assist
in monitoring safety and well-being and to address needed changes to the ISP for
the child.
(b) Community nursing services
exclude direct nursing services.
(c) A Nursing Service Plan
must be present when Department funds are used for community nursing services. A
services coordinator must authorize the provision of community nursing services
as identified in an ISP.
(d) After an initial nursing
assessment, a nursing reassessment must be completed every six months or sooner
if a change in medical condition requires an update to the Nursing Service Plan.
(e) When community nursing
services are provided to a child, the foster provider must:
(A) Coordinate with the registered
nurse and the ISP team to ensure that the nursing services being provided are sufficient
to meet the health needs of the child; and
(B) Implement the Nursing
Service Plan, or appropriate portions therein, as agreed upon by the ISP team and
registered nurse.
(f) A registered nurse providing
community nursing services must comply with:
(A) Provider record and documentation
requirements referenced in OAR 407-120-0100 -1505 for financial, clinical, and other
records including the Provider Enrollment Agreement and electronic billing procedures;
(B) Department direct contracts
(if applicable); and
(C) Service record requirements
outlined in this rule.
(12) DELEGATION AND SUPERVISION
OF NURSING TASKS. Nursing tasks must be delegated by a registered nurse to a foster
provider or alternate caregiver in accordance with the rules of the Oregon State
Board of Nursing in OAR chapter 851, division 047.
(13) CHILD RECORDS.
(a) GENERAL INFORMATION OR
SUMMARY RECORD. The provider must maintain a record for each child in the home.
The record must include:
(A) The name, date of entry
into the foster home, date of birth, gender, religious preference, and guardianship
status of the child;
(B) The names, addresses,
and telephone numbers of the guardian, family, or other significant person of the
child;
(C) The name, address, and
telephone number of the preferred primary health care provider, designated back
up health care provider and clinic, dentist, preferred hospital, medical card number
and any private insurance information, and Oregon Health Plan choice of the child;
(D) The name, address, and
telephone number of the school program for the child; and
(E) The name, address, and
telephone number of the CDDP services coordinator and representatives of other agencies
providing services to the child.
(b) EMERGENCY INFORMATION.
The foster provider must maintain emergency information for each child receiving
foster care services in the child foster home. The emergency information must be
kept current and must include:
(A) The name of the child;
(B) The address and telephone
number of the child;
(C) The physical description
of the child, which may include a picture and the date it was taken, and identification
of:
(i) The race, gender, height,
weight range, hair, and eye color of the child; and
(ii) Any other identifying
characteristics that may assist in identifying the child if the need arises, such
as marks or scars, tattoos, or body piercing.
(D) Information on the abilities
and characteristics of the child including:
(i) How the child communicates;
(ii) The language the child
uses or understands;
(iii) The ability of the
child to know how to take care of bodily functions; and
(iv) Any additional information
that may assist a person not familiar with the child to understand what the child
may do for him or herself.
(E) The health support needs
of the child including:
(i) Diagnosis;
(ii) Allergies or adverse
drug reactions;
(iii) Health issues that
a person needs to know when taking care of the child;
(iv) Special dietary or nutritional
needs such as requirements around textures or consistency of foods and fluids;
(v) Food or fluid limitations
due to allergies, diagnosis, or medications the child is taking that may be an aspiration
risk or other risk for the child;
(vi) Additional special requirements
the child has related to eating or drinking such as special positional needs or
a specific way foods or fluids are given to the child;
(vii) Physical limitations
that may affect the ability of the child to communicate, respond to instructions,
or follow directions;
(viii) Specialized equipment
needed for mobility, positioning, or other health related needs;
(ix) The emotional and behavioral
support needs of the child including:
(I) Mental health or behavioral
diagnosis and the behaviors displayed by the child; and
(II) Approaches to use when
supporting the child to minimize emotional and physical outbursts.
(x) Any court ordered or
guardian authorized contacts or limitations;
(xi) The supervision requirements
of the child and why; and
(xii) Any additional pertinent
information the provider has that may assist in the care and support of the child
if a natural or man-made disaster occurs.
(c) EMERGENCY PLANNING. The
foster provider must post emergency telephone numbers in close proximity to all
phones utilized by the foster provider or alternate caregivers. The posted emergency
telephone numbers must include:
(A) Telephone numbers of
the local fire, police department, and ambulance service if not served by a 911
emergency services; and
(B) The telephone number
of any emergency physician and additional people to be contacted in the case of
an emergency.
(d) WRITTEN EMERGENCY PLAN.
(A) Foster providers must
develop, maintain, update, and implement a written Emergency Plan for the protection
of all children in foster care in the event of an emergency or disaster. The Emergency
Plan must:
(i) Be practiced at least
annually. The Emergency Plan practice may consist of a walk-through of the responsibilities
of the foster provider and alternative caregiver.
(ii) Consider the needs of
the child and address all natural and human-caused events identified as a significant
risk for the child foster home such as a pandemic or an earthquake.
(iii) Include provisions
and sufficient supplies, such as sanitation and food supplies, to shelter in place
when unable to relocate for a minimum of three days under the following conditions:
(I) Extended utility outage;
(II) No running water;
(III) Inability to replace
food supplies; and
(IV) An alternate caregiver
is unable to provide relief care or additional support and care.
(iv) Include provisions for
evacuation and relocation that identifies:
(I) The duties of the alternate
caregivers during evacuation, transporting, and housing of the child, including
instructions to notify the parent or legal guardian of the child, the Department
or the designee of the Department, the CDDP services coordinator, and DHS-CW as
applicable, of the plan to evacuate or the evacuation of the child foster home as
soon as the emergency or disaster reasonably allows;
(II) The method and source
of transportation;
(III) Planned relocation
sites that are reasonably anticipated to meet the needs of the child;
(IV) A method that provides
people unknown to the child the ability to identify each child by the name of the
child and to identify the name of the supporting provider for the child; and
(V) A method for tracking
and reporting to the Department or the designee of the Department and the local
CDDP, the physical location of each child in foster care until a different entity
resumes responsibility for the child.
(v) Address the needs of
the child including provisions to provide:
(I) Immediate and continued
access to medical treatment, information necessary to obtain care, treatment, food,
and fluids for the child during and after an evacuation and relocation;
(II) Continued access to
life sustaining pharmaceuticals, medical supplies, and equipment during and after
an evacuation and relocation;
(III) Behavior support needs
anticipated during an emergency; and
(IV) The supports needed
to meet the life-sustaining and safety needs of the child.
(B) The foster provider must
provide and document all training to alternate caregivers regarding the responsibilities
of the alternate caregiver for implementing the Emergency Plan.
(C) The foster provider must
re-evaluate and revise the Emergency Plan at least annually or when there is a significant
change in the child foster home.
(D) The foster provider must
complete the Emergency Plan Summary, on the form supplied by the Department, and
must send the Emergency Plan Summary to the Department annually and upon change
of foster provider or location of the child foster home.
(e) INDIVIDUAL SUPPORT PLAN
(ISP). Within 60 days of placement, the ISP for a child must be prepared and updated
at least annually.
(A) If requested by the child
or guardian, the foster provider must participate with the ISP team in the development
and implementation of the ISP to address the behavior, medical, social, financial,
safety, and other support needs of the child.
(B) Prior to, or upon entry
to, or exit from the child foster home, the foster provider must participate in
the development and implementation of a Transition Plan for the child.
(i) The Transition Plan must
include a summary of the services necessary to facilitate the adjustment of the
child to the child foster home or after care plan; and
(ii) Identify the supports
necessary to ensure the health, safety, and any assessments and consultations needed
for ISP development.
(f) FINANCIAL RECORDS.
(A) The foster provider must
maintain a separate financial record for each child. Errors must be corrected with
a single strike through and initialed by the person making the correction. The financial
record must include:
(i) The date, amount, and
source of all income received on behalf of the child;
(ii) The room and board fee
that is paid to the foster provider at the beginning of each month;
(iii) The date, amount, and
purpose of funds disbursed on behalf of the child; and
(iv) The signature of the
person making the entry.
(B) Any single transaction
over $25 purchased with the personal funds of the child, unless otherwise indicated
in the ISP for the child, must be documented in the financial record for the child
and include the receipt.
(C) The ISP team may address
how the personal spending money of a child is managed.
(D) If the child has a separate
commercial bank account, records from the account must be maintained with the financial
record for the child.
(E) The personal funds of
a child must be maintained in a safe manner and separate from the funds of other
members of the household.
(F) Misuse of funds may be
cause for suspension, revocation, or denial of renewal of the child foster home
certificate.
(g) PERSONAL PROPERTY RECORD.
(A) The foster provider must
maintain a written record of the property of a child of monetary value of more than
$25 or that has significant personal value to the child, parent, or guardian, or
as determined by the ISP team. Errors must be corrected with a single strike through
and initialed by the person making the correction.
(B) Personal property records
are not required for children who have a court approved Permanent Foster Care contract
agreement unless requested by the guardian of the child.
(C) The personal property
record must include:
(i) The description and identifying
number, if any;
(ii) The date when the child
brought in the personal property or made a new purchase;
(iii) The date and reason
for the removal from the record; and
(iv) The signature of the
person making the entry.
(h) EDUCATIONAL RECORDS.
The foster provider must maintain the following educational records when available:
(A) The report cards for
the child;
(B) Any reports received
from the teacher or the school;
(C) Any evaluations received
as a result of educational testing or assessment; and
(D) Disciplinary reports
regarding the child.
(i) Child records must be
available to representatives of the Department, the certifying agency, and DHS-CW
conducting inspections or investigations, as well as to the child, if appropriate,
and the guardian or other legally authorized people.
(j) Child records must be
kept for a period of three years. If a child moves or the foster home closes, copies
of pertinent information must be transferred to the new home of the child.
Stat. Auth.: ORS 409.050 & 443.835
Stats. Implemented: ORS 430.215,
443.830, 443.835
Hist.: MHD 15-2000(Temp),
f. & cert. ef. 11-30-00 thru 5-28-01; MHD 3-2001, f. 5-25-01, cert. ef. 5-28-01;
Renumbered from 309-046-0190, SPD 34-2004, f. 11-30-04, cert. ef. 1-1-05; SPD 10-2007,
f. 6-27-07, cert. ef. 7-5-07; SPD 7-2010, f. 6-29-10, cert. ef. 7-1-10; SDP 6-2011(Temp),
f. & cert. ef. 2-10-11 thru 8-1-11; SPD 15-2011, f. & cert. ef. 7-1-11;
SPD 62-2013, f. 12-27-13, cert. ef. 12-28-13; APD 28-2014(Temp), f. & cert.
ef. 7-1-14 thru 12-28-14; APD 46-2014, f. 12-26-14, cert. ef. 12-28-14
411-346-0200
Environmental Standards
(1) GENERAL CONDITIONS.
(a) The buildings and furnishings
must be clean and in good repair and grounds must be maintained.
(b) Walls, ceilings, windows,
and floors must be of such character to permit frequent washing, cleaning, or painting.
(c) There must be no accumulation
of garbage, debris, or rubbish.
(d) The home must have a
safe, properly installed, maintained, and operational heating system. Areas of the
home used by the child in foster care must be maintained at normal comfort range
during the day and during sleeping hours. During times of extreme summer heat, the
provider must make reasonable effort to make the child comfortable using available
ventilation, fans, or air-conditioning.
(2) EXTERIOR ENVIRONMENT.
(a) The premises must be
free from objects, materials, and conditions that constitute a danger to the occupants.
(b) Swimming pools, wading
pools, ponds, hot tubs, and trampolines must be maintained to assure safety, kept
in clean condition, equipped with sufficient safety barriers or devices to prevent
injury, and used by a child in foster care only under direct supervision by the
provider or approved alternate caregiver.
(c) The home must have a
safe outdoor play area on the property or within reasonable walking distance.
(3) INTERIOR ENVIRONMENT.
(a) KITCHEN.
(A) Equipment necessary for
the safe preparation, storage, serving, and cleanup of meals must be available and
kept in working and sanitary condition.
(B) Meals must be prepared
in a safe and sanitary manner that minimizes the possibility of food poisoning or
food-borne illness.
(C) If the washer and dryer
are located in the kitchen or dining room area, soiled linens and clothing must
be stored in containers in an area separate from food and food storage prior to
laundering.
(b) DINING AREA. The home
must have a dining area so the child in foster care may eat together with the foster
family.
(c) LIVING OR FAMILY ROOM.
The home must have sufficient living or family room space that is furnished and
accessible to all members of the family, including the child in foster care.
(d) BEDROOMS. Bedrooms used
by the child in foster care must:
(A) Have adequate space for
the age, size, and specific needs of each child;
(B) Be finished and attached
to the house, have walls or partitions of standard construction that go from floor
to ceiling, and have a door that opens directly to a hallway or common use room
without passage through another bedroom or common bathroom;
(C) Have windows that open,
provide sufficient natural light, and ventilation with window coverings that take
into consideration the safety, care needs, and privacy of the child;
(D) Have no more than four
children to a bedroom;
(E) Have safe, age appropriate
furnishings that are in good repair provided for each child, including:
(i) A bed or crib with a
frame unless otherwise documented by an ISP team decision, a clean comfortable mattress,
and a water proof mattress cover if the child is incontinent;
(ii) A private dresser or
similar storage area for personal belongings that is readily accessible to the child;
(iii) A closet or similar
storage area for clothing that is readily accessible to the child; and
(iv) An adequate supply of
clean bed linens, blankets, and pillows. Bed linens are to be properly fitting and
provided for each child's bed.
(F) Be on the ground level
for a child who is non-ambulatory or has impaired mobility;
(G) Provide flexibility in
the decoration for the personal tastes and expressions of the child placed in the
provider's home;
(H) Be in close enough proximity
to the provider to alert the provider to nighttime needs or emergencies or be equipped
with a working monitor;
(I) Have doors that do not
lock;
(J) Have no three-tier bunk
beds in bedrooms occupied by a child in foster care; and
(K) Not be located on the
third floor or higher from the ground level.
(e) A child of the foster
provider may not be required to sleep in a room also used for another purpose in
order to accommodate a child in foster care.
(f) The foster provider may
not permit the following sleeping arrangements for a child placed in their home:
(A) Children of different
sexes in the same room when either child is over the age of five years of age; and
(B) Children over the age
of 12 months sharing a room with an adult.
(g) BATHROOMS.
(A) Bathrooms must have:
(i) Tubs or showers, toilets,
and sinks operable and in good repair with hot and cold water;
(ii) A sink located near
each toilet;
(iii) At least one toilet,
one sink, and one tub or shower for each six household occupants, including the
provider and family;
(iv) Hot and cold water in
sufficient supply to meet the needs of the child for personal hygiene. Hot water
temperature sources for bathing and cleaning areas that are accessible by the child
in foster care may not exceed 120 degrees F;
(v) Grab bars and non-slip
floor surfaces for toilets, tubs, or showers for the child's safety as necessary
for the child's care needs; and
(vi) Barrier-free access
to toilet and bathing facilities with appropriate fixtures for a child who utilizes
a wheel chair or other mechanical equipment for ambulation. Barrier free must be
appropriate for the non-ambulatory child’s needs for maintaining good personal
hygiene.
(B) The foster provider must
provide each child with the appropriate personal hygiene and grooming items that
meet each child's specific needs and minimize the spread of communicable disease.
(C) Window coverings in bathrooms
must take into consideration the safety, care needs, and privacy of the child.
(4) GENERAL SAFETY.
(a) The foster provider must
protect the child from safety hazards.
(b) Stairways must be equipped
with handrails.
(c) A functioning light must
be provided in each room and stairway.
(d) In homes with a child
in foster care three years of age or less, or a child with impaired mobility, the
stairways must be protected with a gate or door.
(e) Hot water heaters must
be equipped with a safety release valve and an overflow pipe that directs water
to the floor or to another approved location.
(f) Adequate safeguards must
be taken to protect a child who may be at risk for injury from electrical outlets,
extension cords, and heat-producing devices.
(g) The foster home must
have operable phone service at all times that is available to all persons in the
foster home, including when there are power outages. The home must have emergency
phone numbers readily accessible and in close proximity to the phone.
(h) The foster provider must
store all medications, poisonous chemicals, and cleaning materials in a way that
prevents access by a child.
(i) The foster provider must
restrict a child's access to potentially dangerous animals. Only domestic animals
may be kept as pets. Pets must be properly cared for and supervised.
(j) Sanitation for household
pets and other domestic animals must be adequate to prevent health hazards. Proof
of rabies or other vaccinations as required by local ordinances must be made available
to the Department upon request.
(k) The foster provider must
take appropriate measures to keep the house and premises free of rodents and insects.
(l) To protect the safety
of a child in foster care, the provider must store hunting equipment and weapons
in a safe and secure manner inaccessible to the child.
(m) The foster provider must
have first aid supplies in the home in a designated place easily accessible to adults.
(n) There must be emergency
access to any room that has a lock.
(o) An operable flashlight,
at least one per floor, must be readily available in case of emergency.
(p) House or mailbox numbers
must be clearly visible and easy to read for easy identification by emergency vehicles.
(q) Use of video monitors
must only be used as indicated in the ISP or BSP.
(5) FIRE SAFETY.
(a) Smoke alarms must be
installed in accordance with manufacturer's instructions, equipped with a device
that warns of low battery, and maintained to function properly.
(A) A smoke alarm must be
installed in each bedroom, adjacent hallways leading to the bedrooms, common living
areas, basements, and at the top of every stairway in multi-story homes.
(B) Ceiling placement of
smoke alarms is recommended. If wall-mounted, smoke alarms must be mounted as per
the manufacturer's instructions.
(b) At least one fire extinguisher,
minimally rated 2:A:10:B:C, must be visible and readily accessible on each floor,
including basements. A qualified professional who is well versed in fire extinguisher
maintenance must inspect every fire extinguisher at least once per year. All recharging
and hydrostatic testing must be completed by a qualified entity properly trained
and equipped for this purpose.
(c) Use of space heaters
must be limited to only electric space heaters equipped with tip-over protection.
Space heaters must be plugged directly into the wall. Extension cords may not be
used with space heaters. Freestanding kerosene, propane, or liquid fuel space heaters
may not be used in the foster home.
(d) An Emergency Evacuation
Plan must be developed, posted, and rehearsed at least once every 90 days with at
least one drill practice per year occurring during sleeping hours. Alternate caregivers
and other staff must be familiar with the Emergency Evacuation Plan and a new child
placed in foster care must be familiar with the Emergency Evacuation Plan within
24 hours. Fire drill records must be retained for one year.
(A) Fire drill evacuation
rehearsal must document the date, time for full evacuation, location of proposed
fire, and names of all persons participating in the evacuation rehearsal.
(B) The foster provider must
be able to demonstrate the ability to evacuate all children in foster care from
the home within three minutes.
(e) Foster homes must have
two unrestricted exits in case of fire. A sliding door or window that may be used
to evacuate a child may be considered a usable exit.
(f) Barred windows or doors
used for possible exit in case of fire must be fitted with operable quick release
mechanisms.
(g) Every bedroom used by
a child in foster care must have at least one operable window, of a size that allows
safe rescue, with safe and direct exit to the ground, or a door for secondary means
of escape or rescue.
(h) All external and inside
doors must have simple hardware with an obvious method of operation that allows
for safe evacuation from the home. A home with a child that is known to leave their
place of residence without permission must have a functional and activated alarm
system to alert the foster provider.
(i) Fireplaces and wood stoves
must include secure barriers to keep a child safe from potential injury and away
from exposed heat sources.
(j) Solid or other fuel-burning
appliances, stoves, or fireplaces must be installed according to manufacturer's
specifications and under permit, where applicable. All applicants applying for a
new child foster home certificate after July 1, 2007 must have at least one carbon
monoxide sensor installed in the home in accordance with manufacturer's instructions
if the home has solid or other fuel-burning appliances, stoves, or fireplaces. All
foster providers certified prior to July 1, 2007 and moving to a new location that
uses solid or other fuel-burning appliances, stoves, or fireplaces, must install
a carbon monoxide sensor in the home in accordance with manufacturer's instructions
prior to being certified at the new location.
(k) Chimneys must be inspected
at the time of initial certification and if necessary the chimney must be cleaned.
Chimneys must be inspected annually unless the fireplace and or solid fuel-burning
appliance was not used through the certification period and may not be used in the
future. Required annual chimney inspections must be made available to the certifying
agency during the certification renewal process.
(l) A signed statement by
the foster provider and certifying agency assuring that the fireplace, or solid
fuel-burning appliance, or both may not be in use must be submitted to the Department
with the renewal application if a chimney inspection is not completed.
(m) Flammable and combustible
materials must be stored away from any heat source.
(6) SANITATION AND HEALTH.
(a) A public water supply
must be utilized if available. If a non-municipal water source is used, the water
source must be tested for coliform bacteria by a certified agent yearly and records
must be retained for two years. Corrective action must be taken to ensure potability.
(b) All plumbing must be
kept in good working order. If a septic tank or other non-municipal sewage disposal
system is used, it must be in good working order.
(c) Garbage and refuse must
be suitably stored in readily cleanable, rodent proof, covered containers, and removed
weekly.
(d) SMOKING.
(A) The foster provider may
not provide tobacco products in any form to a child under the age of 18 placed in
their home.
(B) A child in foster care
may not be exposed to second hand smoke in the foster home or when being transported.
(7) TRANSPORTATION SAFETY.
(a) The foster provider must
ensure that safe transportation is available for children to access schools, recreation,
churches, scheduled medical care, community facilities, and urgent care.
(b) If there is not a licensed
driver and vehicle at all times there must be a plan for urgent and routine transportation.
(c) The foster provider must
maintain all vehicles used to transport a child in a safe operating condition and
must ensure that a first aid kit is in each vehicle.
(d) All motor vehicles owned
by the foster provider and used for transporting a child must be insured to include
liability.
(e) Only licensed adult drivers
may transport a child in foster care in a motor vehicle. The motor vehicle must
be insured to include liability.
(f) When transporting a child
in foster care, the driver must ensure that the child uses seat belts or appropriate
safety seats. Car seats or seat belts must be used for transporting a child in accordance
with the Department of Transportation under ORS 815.055.
Stat. Auth.: ORS 409.050 & 443.835
Stats. Implemented: ORS 430.215,
443.830, 443.835
Hist.: MHD 15-2000(Temp),
f. & cert. ef. 11-30-00 thru 5-28-01; MHD 3-2001, f. 5-25-01, cert. ef. 5-28-01;
Renumbered from 309-046-0200, SPD 34-2004, f. 11-30-04, cert. ef. 1-1-05; SPD 10-2007,
f. 6-27-07, cert. ef. 7-5-07; SPD 7-2010, f. 6-29-10, cert. ef. 7-1-10; SDP 6-2011(Temp),
f. & cert. ef. 2-10-11 thru 8-1-11; SPD 15-2011, f. & cert. ef. 7-1-11;
SPD 62-2013, f. 12-27-13, cert. ef. 12-28-13
411-346-0210
Variance
(1) The Department may grant a variance
to these rules based upon a demonstration by the foster provider that an alternative
method or different approach provides equal or greater program effectiveness and
does not adversely impact the welfare, health, safety, or rights of a child or violate
state or federal laws.
(2) The foster provider requesting
a variance must submit to the certifying agency, a Department variance request form
that contains the following:
(a) The section of the rule
from which the variance is sought;
(b) The reason for the proposed
variance;
(c) The alternative practice,
service, method, concept, or procedure proposed; and
(d) If the variance applies
to the services of a child, evidence that the variance is consistent with the currently
approved ISP for the child.
(3) The certifying agency
must forward the signed variance request form to the Department within 30 days from
the receipt of the request indicating the position of the certifying agency on the
proposed variance.
(4) The request for a variance
is approved or denied by the Department. The decision of the Department is sent
to the foster provider, the certifying agency, and to all relevant Department programs
or offices within 30 days from the receipt of the variance request.
(5) The foster provider may
request an administrative review of the denial of a variance request within 30 days
from the receipt of the denial by sending a written request for review to the Director
and a copy of the request to the certifying agency. The decision of the Director
is the final response from the Department.
(6) The Department determines
the duration of the variance.
(7) Granting a variance does
not set a precedent that must be followed by the child placing agency when evaluating
subsequent requests for variances.
(8) The foster provider may
implement a variance only after written approval from the Department.
Stat. Auth.: ORS 409.050 & 443.835
Stats. Implemented: ORS 430.215,
443.830, 443.835
Hist.: MHD 15-2000(Temp),
f. & cert. ef. 11-30-00 thru 5-28-01; MHD 3-2001, f. 5-25-01, cert. ef. 5-28-01;
Renumbered from 309-046-0210, SPD 34-2004, f. 11-30-04, cert. ef. 1-1-05; SPD 10-2007,
f. 6-27-07, cert. ef. 7-5-07; SPD 10-2007, f. 6-27-07, cert. ef. 7-5-07; SPD 7-2010,
f. 6-29-10, cert. ef. 7-1-10; SPD 62-2013, f. 12-27-13, cert. ef. 12-28-13; APD
46-2014, f. 12-26-14, cert. ef. 12-28-14
411-346-0220
Inactive Referral Status; Denial, Suspension,
Revocation, Refusal to Renew
(1) INACTIVE REFERRAL STATUS. The Department
may require that a foster provider go on inactive referral status. Inactive referral
status is a period, not to exceed 24 months or beyond the duration of the foster
provider's current certificate, when during that time an agency may not refer additional
children to the home and the provider may not accept additional children. The foster
provider may request to be placed on inactive referral status. The certifying agency
may recommend that the Department initiate inactive referral status.
(a) The Department may place
a foster provider on inactive referral status for reasons, including but not limited
to the following:
(A) The Department or DHS-CW
is currently assessing an allegation of abuse in the home;
(B) The special needs of
the child currently in the home require so much of the foster provider's care and
attention that additional children may not be placed in the home;
(C) The foster provider has
failed to meet individualized training requirements or the Department has asked
the foster provider to obtain additional training to enhance his or her skill in
caring for the child placed in the home; or
(D) The family or members
of the household are experiencing significant family or life stress or changes in
physical or mental health conditions that may be impairing their ability to provide
care, including but not limited to:
(i) Separation or divorce
and relationship conflicts;
(ii) Marriage;
(iii) Death;
(iv) Birth of a child;
(v) Adoption;
(vi) Employment difficulties;
(vii) Relocation;
(viii) Law violation; or
(ix) Significant changes
in the care needs of the foster provider's own family members (children or adults).
(b) The Department shall
notify the foster provider immediately upon placing them on inactive referral.
(c) Within 30 days of initiating
inactive referral status, the Department shall send a letter to the foster provider
that confirms the inactive status, states the reason for the status, and the length
of inactive referral status.
(d) When the foster provider
initiates inactive referral status, the inactive status ends at the request of the
foster provider and when the Department has determined the conditions that warranted
the inactive referral status have been resolved.
(A) There must be no conditions
in the home that compromise the safety of the child already placed in the home.
(B) If applicable, a mutually
agreed upon plan must be developed to address the issues prior to resuming active
status.
(C) The foster provider must
be in compliance with all certification rules, including training requirements,
prior to a return to active status.
(2) DENIAL, SUSPENSION, REVOCATION,
REFUSAL TO RENEW.
(a) The Department shall
deny, suspend, revoke, or refuse to renew a child foster care certificate where
it finds there has been substantial failure to comply with these rules.
(b) Failure to disclose requested
information on the application or providing falsified, incomplete, or incorrect
information on the application shall constitute grounds for denial or revocation
of the certificate.
(c) The Department shall
deny, suspend, revoke, or refuse to renew a certificate if the foster provider fails
to submit a plan of correction, implement a plan of correction, or comply with a
final order of the Department.
(d) Failure to comply with
OAR 411-346-0200(5) may constitute grounds for denial, revocation, or refusal to
renew.
(e) The Department may deny,
suspend, revoke, or refuse to renew the child foster home certificate where imminent
danger to health or safety of a child exists, including any founded report or substantiated
abuse.
(f) The Department shall
deny, suspend, revoke, or refuse to renew a certificate if the foster provider has
been convicted of any crime that would have resulted in an unacceptable background
check as defined in OAR 407-007-0210 upon certification.
(g) Suspension shall result
in the removal of a child placed in the foster home and no placements shall be made
during the period of suspension.
(h) The applicant or foster
provider whose certificate has been denied or revoked may not reapply for certification
for five years after the date of denial or revocation.
(i) The Department shall
provide the applicant or the foster provider a written notice of denial, suspension,
or revocation that states the reason for such action.
(j) Such revocation, suspension,
or denial shall be done in accordance with the rules of the Department and ORS chapter
183 that govern contested cases.
Stat. Auth.: ORS 409.050 & 443.835
Stats. Implemented: ORS 430.215,
443.830, 443.835
Hist.: MHD 15-2000(Temp),
f. & cert. ef. 11-30-00 thru 5-28-01; MHD 3-2001, f. 5-25-01, cert. ef. 5-28-01;
Renumbered from 309-046-0220, SPD 34-2004, f. 11-30-04, cert. ef. 1-1-05; SPD 10-2007,
f. 6-27-07, cert. ef. 7-5-07; SPD 25-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru
6-30-10; SPD 2-2010(Temp), f. & cert. ef. 3-18-10 thru 6-30-10; SPD 7-2010,
f. 6-29-10, cert. ef. 7-1-10; SDP 6-2011(Temp), f. & cert. ef. 2-10-11 thru
8-1-11; SPD 15-2011, f. & cert. ef. 7-1-11; SPD 62-2013, f. 12-27-13, cert.
ef. 12-28-13
411-346-0230
Appeals
(1) Upon written notice of denial, suspension,
revocation, or non-renewal of a certificate from the Department, an applicant or
foster provider may request a contested case hearing to appeal the decision pursuant
to ORS 183.413 to 183.470.
(2) The written request must
be submitted within 10 days of the denial, suspension, revocation, or non-renewal
notification date and must specifically state the reasons for the appeal.
Stat. Auth.: ORS 409.050 & 443.835
Stats. Implemented: ORS 430.215,
443.830, 443.835
Hist.: MHD 3-2001, f. 5-25-01,
cert. ef. 5-28-01cert. ef. 5-28-01; Renumbered from 309-046-0240, SPD 34-2004, f.
11-30-04, cert. ef. 1-1-05; SPD 10-2007, f. 6-27-07, cert. ef. 7-5-07; SPD 7-2010,
f. 6-29-10, cert. ef. 7-1-10; SPD 62-2013, f. 12-27-13, cert. ef. 12-28-13

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