Or. Admin. Code § 410-170-0030

Current through Register Vol. 63, No. 11, November 1, 2024

Section 410-170-0030 - BRS Contractor and BRS Provider Requirements

(1) The BRS contractor shall ensure that its BRS providers meet the following minimum requirements:

(a) Have the necessary current and valid licenses, approvals, or certifications required by federal or state law or regulations for the entity and its staff to operate a BRS program;

(b) Have a license to operate a child-caring agency;

(c) Comply with the provider enrollment requirements in OAR 410-120-1260;

(d) Comply with all applicable provisions of ORS 418.205 to 4138.327, OAR 413, Division 215, and any other federal and state laws and regulations governing child-caring agencies that apply to the type of BRS program being operated;

(e) Comply with the requirements in OAR 410-120-1380(1)(c)(J) for excluding individuals and entities from being subcontractors if they are found on the listed exclusion list; and

(f) Have a contract or agreement with an agency or, as applicable, a BRS contractor to provide services and placement-related activities to the BRS client.

(2) The BRS contractor shall, and ensure its BRS providers, comply with all applicable federal and state laws and regulations pertaining to the provision of Medicaid services under the Medicaid Act, Title XIX, 42 USC 1396 et seq. and the BRS program, including but not limited to all applicable provisions in OAR Chapter 410, Division 120.

(3) Confidentiality of BRS client information:

(a) BRS contractors shall, and ensure that their BRS providers, comply with the requirements for financial, clinical, and other records in OAR 410-120-1360, confidentiality requirements in OAR 410-120-1380, and all other applicable federal and state laws, rules, and regulations related to confidentiality and documentation requirements;

(b) The BRS contractor must not, and ensure its BRS providers do not, use or disclose any information concerning a BRS client for any purpose not directly connected with the administration of the BRS contractor's or BRS provider's program or as otherwise permitted by law, except with the written consent of the agency or if the agency is not the BRS client's guardian, on the written consent of the person or persons authorized by law to consent to such use or disclosure;

(c) The BRS contractor shall, and ensure its BRS providers, comply with all applicable confidentiality requirements in the Health Insurance Portability and Accountability Act (HIPAA) of 1996 (Public Law 104-191, August 21, 1996) and its implementing regulations in 45 CFR 160 and 164 et. seq., and all applicable confidentiality requirements in state statutes and administrative rules, including but not limited to ORS 179.505 and OAR chapter 410, division 120;

(d) The BRS contractor shall, and ensure its BRS providers, secure appropriately all records and files related to BRS clients to prevent access by unauthorized persons or entities;

(e) Disclosure to the agency, Authority, or other governmental oversight or licensing entities:

(A) The BRS contractor shall, and ensure its BRS providers, provide access promptly to any information or written documentation in its possession related to the BRS client or its BRS program upon the request of the agency for any reason; and

(B) The BRS contractor shall, and ensure its BRS providers, provide access promptly to any information or written documentation in its possession related to the BRS client or its BRS program that is necessary for evaluating, overseeing, or auditing the BRS contractor's program upon the request of the Authority or other governmental oversight or licensing entities.

(4) The BRS contractor shall ensure that its BRS program, either operated by itself or by its BRS provider, has a program coordinator, social service staff, and direct care staff who meet and maintain the following minimum qualifications:

(a) No less than 50 percent of the direct care staff for a BRS provider shall have a bachelor's degree from an accredited college or university. A combination of formal education and experience with children may be substituted for a bachelor's degree. Direct care staff shall be under the direction of a qualified social service staff member or a program coordinator;

(b) The program coordinator or program director shall have a bachelor's degree from an accredited college or university, preferably with major study in psychology, sociology, social work, social sciences, or a closely allied field. The program coordinator or program director shall also have two years of experience in the supervision and management of a residential facility or a program using a proctor care model for the care and treatment of children;

(c) Social service staff shall have a master's degree from an accredited college or university with major study in social work or a closely allied field and one year of experience in the care and treatment of children; or have a bachelor's degree with major study in social work, psychology, sociology or a closely allied field, and two years of experience in the care and rehabilitation of children.

(d) A minimum of one identified staff person as described in sections (4)(a-c) who shall have necessary certifications through evidenced-based programs to provide leadership and training to maintain fidelity and trauma informed services;

(e) Direct care staff, social service staff, and the program coordinator who directly work with BRS clients shall:

(A) Receive a minimum of 28 hours of initial training prior to or within 30 days of employment or certification on the following topics: BRS services documentation, mandatory reporting of child abuse, program policies and expectations, gender- and cultural-specific services, behavior and crisis management, medication administration, discipline and restraint policies, and suicide prevention. Any direct care staff, social service staff, or program coordinator who has not yet completed this initial training prior to employment or certification shall be supervised by an individual who has completed this training when having direct contact with BRS clients; and

(B) Receive a minimum of 16 hours of training annually. Topics shall include skills-training that supports evidence-based or promising practices, behavior and crisis management, suicide prevention, and other subjects relevant to the responsibilities of providing services and placement-related activities to the BRS client; and

(C) Have and maintain cardiopulmonary resuscitation (CPR) and first aid certification.

(5) Fitness Determination:

(a) The BRS contractor and BRS provider shall ensure its employees, volunteers, contractors, vendors, approved proctor foster parents, or other persons providing services or placement-related activities to BRS clients comply with all applicable criminal record and child abuse background checks and any fitness determination process required by federal or state law or regulation;

(b) The BRS contractor and the BRS provider shall ensure its employees, volunteers, contractors, vendors, approved proctor foster parents, or other persons providing services or placement-related activities to BRS clients who have not yet successfully completed the requirements in section (5)(a) of this rule are supervised by a person who has successfully met these requirements when having direct contact with BRS clients.

(c) Except in cases where more stringent legal requirements apply, the BRS contractor and BRS provider shall ensure its employees, volunteers, contractors, vendors, approved proctor foster parents, or other persons providing services or placement-related activities to BRS clients report to it any arrests or court convictions, any known allegation of child abuse or neglect, and any other circumstance that reasonably affects a fitness determination within one business day. The BRS contractor and BRS provider shall report this information to the agency on the same day it receives the information.

(6) Mandatory Reporting:

(a) The BRS contractor shall, and ensure its BRS providers, comply with the child abuse reporting laws in ORS 419B.005 through 419B.015 and the abuse reporting requirements for a child in care as described in ORS 418.257 through 418.258;

(b) The BRS contractor shall, and ensure its BRS providers, require its staff members to immediately report any abuse, as defined in ORS 419B.005(1), to the Department (whether or not they also report it to law enforcement under ORS 419B.015(1)(a)) when the staff member has reasonable cause to believe that a child with whom they have come into contact has suffered abuse or that a person with whom they come into contact has abused a child;

(c) The BRS contractor shall, and ensure its BRS providers, require its staff members to immediately report suspected abuse, as defined in ORS 418.257 through 418.258, of a BRS client or a child in care to the Department;

(d) The BRS contractor shall, and ensure its BRS providers, provide its staff members with an annual training and written materials on its staff members' child abuse reporting obligations under sections (6)(b) and (6)(c) of this rule and information about the child abuse reporting hotline. Annual training and written materials are not needed if the BRS contractor or BRS provider does not have any employees, staff, or volunteers;

(e) For purposes of section (6) of this rule, staff members include the BRS contractor's or BRS provider's employees, volunteers, subcontractors, approved proctor foster parents, or other individuals providing services or placement-related activities to BRS clients.

(7) Communication:

(a) The BRS contractor shall ensure that its BRS program, either operated by itself or by its BRS provider, maintains a system for immediate and on-going communication among program staff regarding the whereabouts, status, and condition of the BRS clients in its program;

(b) The BRS contractor shall ensure and require its BRS provider to ensure that direct care staff and social service staff have access to a BRS client's information to the extent it is relevant to providing the BRS client with services and placement-related activities;

(c) The BRS contractor shall provide or ensure that its BRS provider provides immediate verbal notification to the caseworker and the agency (if an additional contact person is designated) when there is a communication outage at the program and shall provide an alternative means by which the program may be contacted if possible.

(8) Staffing Requirements:

(a) The BRS contractor shall ensure that its BRS program, either operated by itself or by its BRS provider, meets and maintains appropriate staffing levels to ensure supervision of the BRS clients in its program 24 hours a day, seven days a week, including taking steps to ensure that a BRS client is supervised while temporarily outside of the program. The BRS provider may not leave a BRS client unsupervised, except in cases where there is a service plan for the BRS client to be out of the BRS provider's direct supervision;

(b) For QRTP BRS contractors and QRTP BRS providers only: The requirements in section 410-170-0020(49)(c) of this rule may not be construed as requiring a Qualified Residential Treatment Program to acquire licensed nursing and licensed clinical staff solely through means of a direct employer to employee relationship.

(c) Proctor Care Model:

(A) The BRS contractor shall ensure that its BRS program, either operated by itself or by its BRS provider, meets and maintains the following approved proctor foster parent to child ratios in its approved proctor foster parent homes:

(i) Shelter and Independent Living Program:

(I) A maximum of three BRS clients of any age shall be placed in the home of an approved proctor foster parent;

(II) A maximum of five children (including both BRS clients of any age and non-BRS clients under the age of 18) shall live in an approved proctor foster parent home with two parents;

(III) A maximum of four children (including both BRS clients of any age and non-BRS clients under the age of 18) shall live in an approved proctor foster parent home with one parent; and

(IV) No more than two children (including both BRS clients and non-BRS clients) under the age of three shall live in an approved proctor foster parent home.

(ii) Proctor Care, Proctor Enhanced Services, Assessment and Evaluation, and Community Step Down:

(I) A maximum of two BRS clients shall be placed in the home of an approved proctor foster parent;

(II) A maximum of five children (including both BRS clients of any age and non-BRS clients under the age of 18) shall live in an approved proctor foster parent home with two parents;

(III) A maximum of four children (including both BRS clients of any age and non-BRS clients under the age of 18) shall live in an approved proctor foster parent home with one parent; and

(IV) No more than two children (including both BRS clients and non-BRS clients) under the age of three shall live in an approved proctor foster parent home;

(V) If the contractor provides proctor enhanced services subject to OAR 410-170-0090(3), the contractor shall provide supervision by professionally trained staff while any BRS client is in the facility. The contractor will ensure the BRS program meets and maintains a minimum daily ratio of 1 staff to 7 BRS clients.

(iii) Notwithstanding section (8)(b)(A)(i) and (ii) of this rule, a maximum of five BRS clients may be placed in the home of an approved proctor foster parent who is providing respite care.

(B) An OYA BRS contractor shall ensure its BRS program, either operated by itself or by its BRS provider, meets and maintains the approved proctor foster parent to child ratios described in OYA-specific BRS program rules for OYA approved proctor foster parent homes.

(d) For the residential care model, the BRS contractor shall ensure that its BRS program, either operated by itself or by its BRS provider, meets and maintains the following direct care staff to BRS client ratios for the BRS type of care it provides in its residential care BRS program:

(A) Shelter and Independent Living Program Staffing Ratio:

(i) Minimum Daily:

(l) Awake (16 hours); 1 staff: 7 BRS clients;

(ll) Asleep (8 hours); 1 staff: 10 BRS clients.

(ii) Weekly Average:

(l) Awake (16 hours); 1 staff: 5.5 BRS clients;

(ll) Asleep (8 hours); 1 staff: 10 BRS clients.

(B) Community Step-Down, Enhanced Structure Independent Living Program, Assessment and Evaluation, Basic Residential, and Rehabilitation Services Staffing Ratio:

(i) Minimum Daily:

(l) Awake (16 hours; 1 staff: 6 BRS clients;

(ll) Asleep (8 hours); 1 staff: 10 BRS clients.

(ii) Weekly Average:

(l) Awake (16 hours); 1 staff: 4.7 BRS clients;

(ll) Asleep (8 hours); 1 staff: 10 BRS clients.

(C) Intensive Rehabilitation Services, Intensive Residential, and Short-Term Stabilization Program Staffing Ratio:

(i) Minimum Daily:

(l) Awake (16 hours); 1 staff: 5 BRS clients;

(ll) Asleep (8 hours); 1 staff: 10 BRS clients.

(ii) Weekly Average:

(l) Awake (16 hours); 1 staff: 3.7 BRS clients;

(ll) Asleep (8 hours); 1 staff: 9 BRS clients.

(D) Intensive Behavioral Support Program Staffing Ratio:

(i) Minimum Daily:

(l) Awake (16 hours); 1 staff: 3.5 BRS clients;

(ll) Asleep (8 hours); 1 staff: 4.5 BRS clients.

(ii) Weekly Average:

(l) Awake (16 hours); 1 staff: 2.8 BRS clients;

(ll) Asleep (8 hours); 1 staff: 4.5 BRS clients.

(e) For purposes of calculating the number of direct care staff under section (8)(c) of this rule only, a social service staff member or program coordinator may be included if that staff member is specifically scheduled to and actually provides direct supervision to BRS clients onsite during the relevant time period;

(f) Under section (8)(c) of this rule only, in the event that no BRS clients are onsite at the program due to home visits, transitional visits, or other planned absences, the BRS contractor and BRS provider shall ensure that its program has the resources and procedures in place to serve the BRS client who may need to return to the program prior to the scheduled return date;

(g) In the event a BRS client is temporarily admitted to a hospital (other than to a psychiatric hospital) but is still enrolled in the BRS provider's program, the BRS contractor and BRS provider shall ensure that its program works with the caseworker and the family when appropriate to develop a plan approved by the agency for supervision during the BRS client's hospitalization;

(h) The BRS contractor may or allow its BRS provider to request prior written agency approval for its BRS program to deviate from the ratios described in sections (8)(c-d) of this rule or agency-specific BRS program rules. If the agency grants a waiver, this shall apply only to BRS program ratio requirements specified in these rules and agency-specific BRS program rules. The BRS contractor and BRS provider shall comply with any ratio requirements applicable under federal or state licensing requirements or approvals.

(9) The BRS contractor shall ensure that its BRS program, either operated by itself or by its BRS provider, does the following:

(a) Provides an environment suitable for the treatment of a BRS client that meets all applicable safety, health, and general environment standards required for a residential community setting if services are provided to the client in a residential care model, or in the home of an approved proctor foster parent certified by the BRS provider if services are provided to the client in a proctor care model;

(b) Provides separate bedrooms for persons under 18 and persons 18 years or older, except in cases where the child shares a bedroom with a person over 18 years old who is the child's parent and caregiver or where there is written approval from the agency, and, if the BRS provider is a child-caring agency, the Children's Care Licensing Program;

(c) Provides separate bedrooms for BRS clients who have inappropriate sexual behaviors identified in their service plan and BRS clients who do not have those behaviors identified in their service plan, unless there is written approval from the agency;

(d) Provides that BRS clients who have inappropriate sexual behaviors identified in their service plan occupy a bedroom either individually or in a group of three or more BRS clients who have inappropriate sexual behaviors identified in their service plan, unless there is written approval from the agency;

(e) Provides separate bedrooms for BRS clients and other members of the household, unless there is written approval from the agency;

(f) Provides separate bedrooms or dormitories for females and males. An exception to this requirement may be requested to the agency contract administrator and Children's Care Licensing Program for BRS clients who identify outside of these gender binary categories, or for cases where the child shares a bedroom with a person of the opposite sex who is the child's parent and caregiver;

(g) Provides physical separation of BRS clients served in its BRS program from individuals housed in a detention facility or youth correction facility;

(h) Provides that at least one door in each bedroom is unlocked at all times;

(i) Provides that at least one door in each dormitory is unlocked at all times, unless the BRS contractor or BRS provider receives prior written agency approval to lock all dormitory doors for eight hours at night; and

(j) Provides a means of egress for BRS clients to leave the residence.

(10) BRS providers and BRS contractors are not required to comply with section (9)(b) and (c) of this rule if they provide services or placement-related activities in a dormitory setting.

(11) BRS Program Policies and Procedures:

(a) The BRS contractor shall ensure that its BRS program, either operated by itself or by its BRS provider, has the following written policies and procedures that have been reviewed and approved by the agency:

(A) Admission criteria and standards to accept a BRS client into its program;

(B) Staff training policies and procedures, including child abuse reporting expectations under ORS 419B.005, 419B.010, and 419B.015;

(C) Policies and procedures related to reviewing referrals to its program and notification of admission decisions;

(D) A behavior management system policy designed to consistently encourage appropriate behaviors by the BRS client in a non-punitive manner;

(E) A behavioral rehabilitation program model that uses evidence-based or promising practices whenever possible and the curriculum, policies, and procedures that implement that model;

(F) Policies regarding the BRS client's and family's rights, including but not limited to the search and seizure of the BRS client's person, property, and mail; visitation and communication; and discharges initiated by the BRS client;

(G) A grievance policy describing the process through which the BRS client, and, if applicable, the BRS client's parent, guardian, or legal custodian may present grievances to the BRS provider about its operation and a process to resolve issues;

(H) A suicide prevention policy and procedure that describes how the BRS provider shall respond in the event a BRS client exhibits self-injurious, self-harm, suicidal ideation, or suicide attempt. This policy shall describe warning signs of suicide; emergency protocol, and contacts; training requirements for staff, including suicide prevention training and suicide risk assessment tool training; procedures for determining implementation of additional supervision precautions and for determining removal of additional supervision precautions; suicide risk assessment procedures on the day of intake; documentation requirements for suicide ideation, self-harm, and special observation precautions to ensure immediate communication to all staff; a process for tracking suicide behavioral patterns; and a postvention plan with identified resources in the event of a suspected suicide;

(I) A seclusion and physical restraint policy that describes when such interventions may be used in compliance with applicable federal and state laws and regulations, including but not limited to requirements for licensed child-caring agencies and agency-specific BRS program rules. Physical restraint or seclusion shall be used only as a last resort, and may not be used for discipline, punishment, convenience of personnel, or as a substitute for activities, treatment, or training. The policy shall describe how staff are trained and monitored, who may perform such interventions, and how data on interventions are collected, maintained, and reported;

(J) A medication management policy that complies with applicable licensing requirements and agency-specific BRS program rules. At minimum, the policy shall describe:

(i) How and where medications are stored and dispensed; and

(ii) How the BRS provider shall notify the caseworker if the BRS client refuses prescribed medications for more than seven days or refuses a medication that is identified by any LPHA as requiring an immediate report for health care reasons.

(K) A quality improvement policy and procedures that monitor the operation of the BRS program to ensure compliance with all applicable laws and regulations, including but not limited to tracking service hours, monitoring the timeliness of reporting requirements, monitoring the quality of service delivery, and frequency of seclusion and physical restraints.

(L) For QRTP BRS Contractors only: A QRTP Compliance policy that describes how BRS contractor shall, and ensure that its BRS provider, implements and maintains QRTP requirements, and how BRS Contractor shall notify the Agency of its compliance status. This includes a description of how the BRS contractor and its BRS provider will ensure that a licensed or registered nurse, licensed under ORS chapter 678, and a licensed clinical professional are available 24 hours per day and seven days per week to provide care, within the licensed scope of practice of the nurse or professional, to a BRS client.

(b) The BRS contractor shall ensure that its BRS program, either operated by itself or by its BRS provider, reviews and updates its policies and procedures as listed in section (8)(a) of this rule biannually and has any updated policies and procedures reviewed and approved by the agency;

(c) Additional policies may be required by the agency;

(d) The BRS contractor shall ensure that its BRS program, either operated by itself or by its BRS provider, complies with and maintains documentation of its compliance with all policies and procedures described in section (8)(a) of this rule and with any modifications to their policies and procedures that are required by the agency.

(12) Documentation Requirements:

(a) The BRS contractor and BRS provider shall:

(A) Comply with all documentation requirements in OAR 410-120-1360, BRS program general rules, and agency-specific BRS program rules;

(B) Use forms reviewed and approved by the agency to document the following if required: All service plans and updates; the assessment and evaluation report; the daily and weekly log for service hours; and the invoice form;

(C) Maintain current documentation of its staff's compliance with applicable training, qualifications, and licensing requirements, which shall be readily available for on-site review by the caseworker, agency, and other appropriate licensing or oversight entity;

(D) Create, maintain, and update an individualized case file for each BRS client either in hard copy or electronically, including but not limited to signed consent for the BRS client to participate in the BRS program; documentation regarding home or other family, including fictive kin, visits and transitional visits; documentation of recreational, social, and cultural activities; documentation of legal custody or voluntary placement status; service documentation (service plans, weekly service description and hour records, and discrete service notes); face sheet with frequently referenced information; medical insurance information; education and vocation activities; school enrollment, attendance, progress, and discipline information; referral information; and any restriction or special permission for participation in activities, which shall be readily available for on-site review by the BRS provider's direct care staff and social service staff, the caseworker, the agency, and the appropriate licensing or oversight entity;

(E) Ensure that all documentation about the BRS client is written in terms that are easily understood by all persons involved in service planning and delivery, including but not limited to the service plans, progress notes and reports, assessments, and incident reports; and

(F) Ensure that all documentation (paper or electronic) identifies any corrections made, including the original information, what was corrected or changed, the date of the correction, and who made the correction. White out, eraser tape, electronic deletions, or other means of eradicating information to make corrections on documentation may not be used.

(b) The BRS contractor shall ensure that its BRS program, either operated by itself or by its BRS provider, creates and maintains a record of all incidents, including but not limited to incidents described in OAR 413-215-0091(11)(b) and any use of seclusion or physical restraint on a form approved by the agency:

(A) Incident reports shall contain the following information:

(i) Name of the BRS client;

(ii) The date, location, type of incident, and duration of any seclusions or physical restraints employed in the context of the incident;

(iii) Name of staff involved in the incident, including the names of any witnesses;

(iv) Description of the incident, including precipitating factors, preventative efforts employed, and description of circumstances during the incident;

(v) Physical injuries to the BRS client or others resulting from the incident, including information regarding any follow-up medical care or treatment;

(vi) Documentation showing that any necessary reports were made to the appropriate agency, any other entity required by law to be notified, and, as applicable, the BRS client's parent, guardian, or legal custodian;

(vii) Documentation indicating the date that a copy of the incident report was sent to the caseworker;

(viii) Actions or interventions taken by program staff;

(ix) Any follow-up recommendations for the BRS client or staff;

(x) Any follow-up or investigation conducted by the BRS contractor or BRS provider's supervisory staff and administrative personnel, the Department, the Authority, OYA or other entities; and

(xi) The BRS contractor's or BRS provider's review of the incident.

(B) The BRS contractor shall ensure that its BRS program, either operated by itself or by its BRS provider, provides immediate verbal or electronic notification to the caseworker, the agency's contract administrator, and, as applicable, the appropriate licensing entity of the following types of critical events: Incidents posing a risk to the status or custody of the BRS client and any other incidents that are of a nature serious enough to raise safety, programmatic, or other serious concerns. Immediate notification shall be followed up by the submission of a written incident report to the individuals or entities described in this section within one business day. Compliance with this notification requirement does not satisfy child abuse reporting requirements under ORS 419B.005 to 419B.015 and ORS 418.257 and 418.258;

(C) At the end of each month, the BRS contractor shall ensure that its BRS program, either operated by itself or by its BRS provider, sends copies of all incident reports for that month, not previously submitted under section (12)(b)(B) of this rule, to the BRS client's caseworker and contract administrator.

(c) The BRS contractor and BRS provider shall provide prompt documentation to the agency upon request or by the deadline specified in a written request, whichever is sooner. The BRS contractor's or BRS provider's failure to provide the agency with the requested documentation by the agency's deadline may result in the agency pursuing any one or a combination of the sanctions or remedies against the BRS contractor described in OAR 410-170-0120 or agency-specific BRS rules.

(13) The BRS contractor shall ensure that its program, either operated by itself or by its BRS provider, provides prior notification to the caseworker whenever the BRS client is sleeping outside of its program for any reason, excluding cases of emergency:

(a) Initial approval shall be completed at intake and shall include information from the caseworker documenting any special instructions such as:

(A) Conditions under which an overnight absence from the program would be approved;

(B) Home visit resources that are acceptable;

(C) Any required notifications to the community: Victim, court, special interest group, or law enforcement;

(D) Approved and non-approved contacts during absences, as applicable; and

(E) Approved and non-approved activities, as applicable.

(b) After initial approval by the caseworker, the BRS contractor shall ensure that its BRS program, either operated by itself or by its BRS provider, notifies the caseworker of each upcoming overnight visit at least two business days prior to the visit and provides the following information:

(A) Dates of visit;

(B) Type of visit or activity;

(C) Location of visit or activity; and

(D) Explanation of how any special conditions or requirements are addressed.

(c) The BRS contractor and BRS provider may not permit the BRS client to leave the state or country without prior written approval by the agency.

(14) BRS contractors shall, and ensure that their BRS providers, are not institutions for mental diseases, as defined in 42 CFR 435.1010, unless they are providing inpatient psychiatric services to BRS clients in compliance with the requirements in 42 CFR 441.151 and 42 CFR 440.160.

(15) The BRS contractor's supervision of the BRS provider:

(a) The BRS contractor is responsible for monitoring and ensuring that its BRS providers comply with all applicable laws and regulations related to the BRS program. The Authority may pursue any sanctions, remedies, or recoveries as described in OAR 410-170-0120, OAR 410-120-1397, or OAR 410-120-1400 against the BRS contractor for failing to monitor and ensure its BRS providers comply with all applicable laws and regulations related to the BRS program;

(b) The BRS contractor is solely responsible for all obligations owed to its BRS provider under its subcontract or agreement.

(16) The BRS contractor's supervision of the approved proctor foster parent:

(a) The BRS contractor shall, and ensure that its BRS provider, monitors and ensures that its approved proctor foster parents comply with all applicable laws and regulations related to the BRS program. The Authority may pursue any sanctions, remedies, or recoveries described in OAR 410-170-0120, OAR 410-120-1397, or OAR 410-120-1400 against the BRS contractor for failing to monitor and ensure its approved proctor foster parents are in compliance with all applicable laws and regulations related to the BRS program;

(b) The BRS contractor shall, and ensure that its BRS provider:

(A) Recruits, trains, reimburses, and supports the approved proctor foster parent in providing services or placement-related activities to the BRS client;

(B) Visits the approved proctor foster parent's home a minimum of one time each month for the purposes of support that includes but is not limited to monitoring, training, and supervision;

(C) Provides at minimum the following support services to the approved proctor foster parent:

(i) The BRS contractor shall, and ensure that its BRS provider, have staff available to provide the approved proctor foster parent with back-up services 24 hours per day, seven days a week, which includes on-call services, consultation, and direct crisis counseling. Approved proctor foster parents shall receive the contact details (names and phone numbers) of the program staff that are available to provide these back-up services;

(ii) The BRS contractor shall provide, or ensure that its BRS provider provides, the approved proctor foster parent with the opportunity to receive 48 hours per month of time away from approved proctor foster parent responsibilities. Daytime supervision and night-time monitoring equivalent to that provided by the approved proctor foster parent shall be arranged and provided to the BRS client during that time.

(c) The BRS contractor or, as applicable, the BRS provider is solely responsible for all obligations owed to the approved proctor foster parent under its subcontract or agreement.

(17) The BRS contractor shall, and ensure that its BRS provider, notifies the agency in writing when a current employee or newly hired employee is also an employee of the agency. The BRS contractor shall, and ensure that its BRS provider, submits the notification to the contract administrator and the agency's contracts unit and shall include the name of the employee and their job description. The agency shall review the employment situation for any actual or potential conflicts of interest as identified under ORS chapter 244.

Or. Admin. Code § 410-170-0030

DMAP 63-2013, f. 11-14-13, cert. ef. 1-1-14; DMAP 118-2018, amend filed 12/26/2018, effective 1/1/2019; DMAP 30-2020, temporary amend filed 06/26/2020, effective 7/1/2020 through 12/27/2020; DMAP 60-2020, amend filed 12/10/2020, effective 12/27/2020

Statutory/Other Authority: ORS 413.042 & 414.065

Statutes/Other Implemented: ORS 414.065