Or. Admin. R. 413-200-0358
Current through Register Vol. 63, No. 6, June 1, 2024
Section 413-200-0358 - [Effective 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 a restraint or 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 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) A resource parent or relative resource parent may not subject any child or young adult to abuse, as described in ORS 419B.005, 418.257 and OAR 413-015-0115.(4) The certified resource family may use devices such as a high chair, play pen, and crib within the manufacturer guidelines in accordance with the age and developmental level of the child.(5) 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(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; CWP 16-2024, amend filed 05/31/2024, effective 6/3/2024Statutory/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