Or. Admin. Code § 413-205-0050

Current through Register Vol. 63, No. 12, December 1, 2024

Section 413-205-0050 - Requirements Regarding the Discipline of a Child or Young Adult

(1) The respite applicant or Certified Respite Provider 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 respite applicant or Certified Respite Provider must not do any of the following to a child or young adult being served in their home through an open child welfare case or a child or young adult in the care or custody of the Department receiving care 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 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 Respite Provider's 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; or

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

(3) A certified respite provider 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 Respite Provider may use a time-out only for the purpose of giving the child or young adult being served in their home through an open child welfare case or a child or young adult in the care or custody of the Department receiving care in the home a short break from the situation. The Certified Respite Provider must take into consideration the age and developmental level in determining the length of a time-out and the child must be in a seating from which the child or young adult is not prevented from leaving by any means.

(5) The certified respite provider 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.

(6) The Certified Respite Provider must notify and request assistance of the Department when the challenging behavior of a child or young adult being served through an open child welfare case or a child or young adult in the care or custody of the Department may be beyond the ability of the Certified Respite Provider to discipline in a positive manner while providing respite care.

Or. Admin. Code § 413-205-0050

CWP 27-2022, temporary adopt filed 12/27/2022, effective 1/1/2023 through 6/29/2023; CWP 70-2023, adopt filed 06/29/2023, effective 6/29/2023; CWP 76-2023, minor correction filed 07/10/2023, effective 7/10/2023; 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 6/3/2024

Statutory/Other Authority: ORS 418.005 & ORS 409.050

Statutes/Other Implemented: ORS 409.010 & ORS 418.640