The Oregon Administrative Rules contain OARs filed through November 15, 2015
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OREGON YOUTH AUTHORITY
DIVISION 430
SENSITIVE CASE DESCRIPTORS
416-430-0000
Purpose
(1) Certain types of offender behavior exhibited prior to or following placement in OYA custody are identified as sensitive and cause a sensitive case descriptor to be attached to a case file. This rule defines the process by which such descriptor will be attached and removed from a case file.
(2) These rules apply to all offenders who are committed to the legal or physical custody of OYA, and placed in OYA facilities or under OYA supervision on parole/probation status in the community.
Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420.011, 420A.010, 420A.125
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96, OYA 15-2002, f. & cert. ef. 10-11-02; OYA 21-2005, f. & cert. ef. 9-19-05
416-430-0010
Reason for Descriptors
(1) The purpose of the descriptor is to alert staff to unique situations that can affect the following areas of case management and program planning:
(a) Safety, security, and order of facilities and communities. Awareness of unique situations ensure that staff fully consider placement options (both in the facility living unit and in the community), ensuring that safety, security, and order of facilities and communities are maintained;
(b) Offender treatment opportunities. Collection of accurate and consistent information will prompt appropriate assessment to identify unique treatment needs where they exist. Such information notifies staff to link offenders with available programming and spurs the development of new programs to meet offender needs;
(c) Transition planning for offenders: The case descriptor will cue staff to consider specific community services available to support the unique needs of the offender;
(d) Effective networking with stakeholders: The case descriptor will ensure that pertinent and accurate information is passed along to stakeholders when offenders transition in and out of the OYA system, and in response to requests for information from stakeholders;
(e) Agency planning. Accurate definition of populations served by the OYA is necessary to present statistical reports in support of current and future programming.
(2) In its policy, the OYA will identify and define each case descriptor that staff may use for this purpose.
Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420.011, 420A.010, 420A.125
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 15-2002, f. & cert. ef. 10-11-02; OYA 21-2005, f. & cert. ef. 9-19-05
416-430-0020
Application of Descriptors
(1) Staff will recommend the application of a descriptor in a written report designed for that purpose, and include information that meets the descriptor criteria, as detailed in OYA policy. This information may be derived from a variety of sources, including but not limited to: the offender case file, offender self-reports, or information provided by other agencies.
(2) A recommendation cannot be approved unless there is clear and convincing evidence that the descriptor should be applied.
(3) Staff will notify the offender when a descriptor is attached to the case file. The date and manner by which the notification was provided will be noted in the offender case file.
Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420.011, 420A.010, 420A.125
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 15-2002, f. & cert. ef. 10-11-02; OYA 21-2005, f. & cert. ef. 9-19-05
416-430-0025
Review of Descriptors
(1) The descriptor will be reviewed whenever an offender transfers to a different placement setting or when new information is received that causes the OYA to consider applying or removing it.
(2) Discussion of the descriptor will be included in the usual case planning or review process.
Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420.011,420A.010, 420A.125
Hist.: OYA 15-2002, f. & cert. ef. 10-11-02; OYA 21-2005, f. & cert. ef. 9-19-05
416-430-0030
Removal of Descriptors
(1) In the event a descriptor is improperly applied or when information is received that indicates the descriptor is not needed, a written request will be made to remove it. This request will state the reason the descriptor does not apply to the case.
(2) The OYA will notify the offender when a descriptor is removed.
Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420.011, 420A.010 & 420A.125
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 15-2002, f. & cert. ef. 10-11-02; OYA 21-2005, f. & cert. ef. 9-19-05
416-430-0050
Grievance
Offenders will be notified in writing of their right to appeal decisions of the OYA, including application of a sensitive case descriptor. Such notification will include a description of the grievance process and applicable time lines.
Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420.011, 420A.010 & 420A.125
Hist.: OYA 15-2002, f. & cert. ef. 10-11-02; OYA 1-2003, f. & cert. ef. 1-16-03; OYA 21-2005, f. & cert. ef. 9-19-05
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contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
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