Or. Admin. R. 413-200-0358

Current through Register Vol. 63, No. 6, June 1, 2024

Section 413-200-0358 - [Effective until 6/17/2024] Requirements Regarding the Discipline of a Child or Young Adult

(1) The certified resource family must demonstrate a willingness to understand the meaning of the behaviors and have the ability to develop and use appropriate discipline strategies to address challenging behaviors.

(2) The certified resource family must not do any of the following to a child or young adult in the care or custody of the Department placed in the home:

(a) Use or threaten physical force.

(b) Use threats or intimidation.

(c) Withhold food or other items essential to protection, safety, or well-being.

(d)Discipline all children or young adults in the household for the misbehavior of one child or young adult.

(e) Use intentional infliction of physical force causing pain.

(f) Use derogatory remarks about the child or young adult, or the family characteristics, physical traits, culture, ethnicity, language, immigration status, sexual orientation, gender identity and expression, or traditions of the child or young adult.

(g) Deny, or threaten to deny, visits, telephone contact, or other types of contact with an individual authorized in a visit and contact plan, including contacts and visits with siblings.

(h) Assign extremely strenuous exercise or work.

(i) Use or threaten the use of restraining devices. Restraining devices do not include a vehicle safety restraint such as a seat belt or age and size-appropriate safety seat, when used in accordance with the manufacturer's instructions.

(j) Impose a sanction, penalty, consequence, or reprimand for bed-wetting, toileting accidents, or during toilet training.

(k) Direct or permit a child or young adult to punish or discipline another child or young adult.

(l) Threaten removal from the certified resource family home.

(m) Force or require a shower or bath as a sanction, penalty, consequence, or reprimand.

(n) Impose extreme isolation that restricts the ability to talk with or associate with others.

(o) Lock in a room or outside of the home.

(p) Reprimand or discipline in any manner due to the child or young adult discussing their child welfare experience, including the child or young adult's experience in the home of the certified resource family.

(3) The certified resource family may use a time-out only for the purpose of giving the child or young adult in the care or custody of the Department placed in the home a short break from the situation. The certified resource family must take into consideration the age and developmental level of the child in determining the length of a time-out, and the child must be in a setting from which the child or young adult is not prevented from leaving by any means.

(4) A resource parent or relative resource parent may not use any of the following restraints listed below on a child or young adult, except as specifically indicated in subsections (e) and (g) below:

(a) Chemical restraint. Chemical restraint means a drug or medication that is administered to a child or young adult to control behavior or restrict freedom of movement.

(b) Mechanical restraint. Mechanical restraint means a device used to restrict the movement of a child or young adult or the movement or normal function of a portion of the body of a child or young adult.

(c) Prone restraint. Prone restraint means a restraint in which a child or young adult is held face down on the floor.

(d) Supine restraint. Supine restraint means a restraint in which a child or young adult is held face up on the floor.

(e) Any intentional and nonincidental use of a solid object, including the ground, a wall, or the floor, to impede a child or young adult's movement, unless necessary to gain control of a weapon.

(f) Any restraint that places, or creates a risk of placing, pressure on a child or young adult's neck or throat.

(g) Any restraint that places, or creates a risk of placing, pressure on a child or young adult's mouth, unless necessary for the purpose of extracting a body part from a bite.

(h) Any restraint that impedes, or creates a risk of impeding, a child or young adult's breathing.

(i) Any restraint that involves the intentional placement of any object or a hand, knee, foot, or elbow on a child or young adult's neck, throat, genitals or other intimate parts.

(j) Any restraint that causes pressure to be placed or creates a risk of causing pressure to be placed, on a child or young adult's stomach, chest, joints, throat or back by a knee, foot or elbow.

(k) Any other action, the primary purpose of which is to inflict pain.

(l) Any restraint of a child or young adult for the convenience of a resource parent or respite provider certified by the Child Welfare, or a caregiver.

(m) Any restraint of a child or young adult to discipline the child or young adult.

(n) Any restraint of a child or young adult as a form of punishment.

(o) Any restraint of a child or young adult done in retaliation.

(5) Allowable interventions include:

(a) Holding the child or young adult's hand or arm to escort the child or young adult safely and without the use of force from one area to another;

(b) Assisting the child or young adult to complete a task if the child or young adult does not resist the physical contact;

(c) Using a physical intervention if the intervention is necessary to break up a physical fight or to effectively protect a person from an assault, serious bodily injury or sexual contact;

(d) Using a physical intervention that uses the least amount of physical force and contact possible; and

(e) Using a physical intervention that is not a prohibited restraint described in 1-15 above.

(f) If the behavior of a child or young adult places the child or young adult or others in imminent risk of harm and a physical intervention is not able create safety, the resource parent must call emergency services.

(g) Any time a restraint is used or emergency services are utlized, the resource parent must:

(A) Orally report to the child or young adult's caseworker as soon as reasonably possible, but no later than one business day

(B) Document the circumstances of the restraint on a form approved by the Department

(C) Submit the documentation with in two business days

(h) If the child or young adult is injured the resource parent must notify the Department's emergency 24 hour contact.

(6) The certified resource family must notify and request assistance of the Department when the challenging behavior of a child or young adult in the care or custody of the Department placed in the home may be beyond the ability of the certified resource family to discipline in a positive manner.

Or. Admin. R. 413-200-0358

SOSCF 7-2001, f. & cert. ef. 3-23-01, Renumbered from 413-200-0347, CWP 4-2007, f. & cert. ef. 3-20-07; CWP 12-2007(Temp), f. & cert. ef. 7-13-07 thru 11-27-07; CWP 19-2007, f. & cert. ef. 11-1-07; CWP 3-2009, f. & cert. ef. 2-2-09; CWP 37-2011, f. 12-27-11, cert. ef. 12-28-11; CWP 20-2015, f. & cert. ef. 10/1/2015; CWP 2-2018, temporary amend filed 01/01/2018, effective 01/01/2018 through 06/29/2018; CWP 54-2018, amend filed 06/29/2018, effective 6/29/2018; CWP 53-2019, amend filed 12/23/2019, effective 1/1/2020; CWP 9-2021, amend filed 03/26/2021, effective 4/15/2021; CWP 30-2021, temporary amend filed 12/20/2021, effective 1/1/2022 through 6/29/2022; CWP 14-2022, amend filed 06/23/2022, effective 6/29/2022; CWP 90-2023, temporary amend filed 12/21/2023, effective 12/21/2023 through 6/17/2024

Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.640

Statutes/Other Implemented: ORS 409.010, ORS 418. 015, ORS 418.315, ORS 418.625, ORS 418.627, ORS 418.630, ORS 418.635, ORS 418.640, ORS 418.642, ORS 418.643, ORS 418.644, ORS 418.645, ORS 418.647 & ORS 418.648