Or. Admin. Code § 416-530-0010

Current through Register Vol. 64, No. 1, January 1, 2025

Section 416-530-0010 - Definitions

The following definitions apply to terms used in OAR chapter 416, division 530.

(1) Adjudicated youth: A person who has been found to be within the jurisdiction of the juvenile court under ORS 419C.005 for an act committed when the person was under 18 years of age.

(2) Adjudicated Youth Foster Home Certificate: A certificate of approval, issued by OYA, granting approval to operate and maintain an adjudicated youth foster home or provide respite care.

(3) Adjudicated youth foster home: A home in the community that is maintained and lived in by an OYA-certified foster parent who provides care, supervision, food, and lodging on a 24-hour basis for an adjudicated youth in that home.

(4) Applicant: A person who applies for an adjudicated youth foster home certification to operate and maintain a foster home for adjudicated youth.

(5) Case plan: A formal plan with prescribed interventions and documentation requirements and a tool to assist staff in managing cases, setting goals, and reviewing adjudicated youth interventions and progress.

(6) Certification process: The process of initial application or recertification to operate and maintain an adjudicated youth foster home.

(7) Computerized criminal records check: The access and use of automated or manual files, or associated systems available to OYA as a criminal justice agency through the Law Enforcement Data Systems (LEDS) including online information from the Federal Bureau of Investigation's (FBI) National Crime Information Center (NCIC), the Oregon Department of Human Services Child Welfare Information System (OR-Kids), and the National Law Enforcement Telecommunications System (NLETS).

(8) Contraband: Any article or thing which an adjudicated youth is prohibited by statute, rule, policy, Juvenile Parole/Probation Agreement, or order, from obtaining, possessing, or which the adjudicated youth is not specifically authorized to obtain or possess, or which the adjudicated youth alters without authorization.

(9) Criminal records check: The process used by OYA to conduct criminal records background checks on persons pursuant to these rules and OAR chapter 416, division 800, including computerized and fingerprint-based processes.

(10) Deadly weapon: Any instrument, article or substance specifically designed for, and presently capable of, causing death or serious physical injury.

(11) Denial: An action by OYA to deny an adjudicated youth foster home certification or re-certification.

(12) Discipline: A process by which foster parents and OYA sanction adjudicated youth for non-compliance with established rules of the foster home and conditions of probation or parole. Such sanctions assist adjudicated youth in developing the self-control and self-direction necessary to assume responsibilities, make appropriate daily living decisions, and learn to live in conformity with accepted levels of social behavior.

(13) Domestic animals: Any of various animals domesticated so as to live and breed in a tame condition as household pets. Examples of domestic animals include but are not limited to dogs, cats, and horses.

(14) Foster Home Agreement: A written agreement between OYA and the foster parent stating mutual expectations of the parties.

(15) Foster care certifier (Certifier): The OYA staff member responsible for the recruitment, training, certification, support, and supervision of OYA foster homes.

(16) Foster parent: A person certified by OYA who demonstrates special competence to supervise adjudicated youth with serious social or behavioral maladaptive characteristics in an adjudicated youth foster home setting.

(17) Frequent visitor: A person who regularly visits a foster home more than five hours a week when adjudicated youth placed in the foster home are present.

(18) Home study: An assessment, conducted prior to issuance of an Adjudicated Youth Foster Home Certificate, to determine an applicant's ability and suitability to provide foster care services to adjudicated youth.

(19) Inactive referral status: A temporary change in the terms of the adjudicated youth foster home certification that precludes new referrals of adjudicated youth to the home.

(20) Information required: All information requested by OYA, including information used to conduct criminal records checks.

(21) Inhalant delivery system: A device used to deliver nicotine or cannabinoids in the form of a vapor or aerosol to a person inhaling from the device. Does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for any other therapeutic purpose if the product is marketed and sold solely for the approved purpose.

(22) Juvenile parole/probation officer (JPPO): The OYA case manager who works with the adjudicated youth and the adjudicated youth's family and the community while the adjudicated youth is in OYA custody.

(23) Mechanical restraint: Any apparatus, device, or contraption applied or affixed to an adjudicated youth to limit movement.

(24) Member of the household: Any person, other than an adjudicated youth, who lives in the adjudicated youth foster home, on the property where the adjudicated youth foster home is located, is a frequent visitor to the foster home, or who assists in the care provided to an adjudicated youth in the foster home.

(25) Multidisciplinary Team (MDT): A group of persons including, but not limited to, OYA staff, the adjudicated youth's biological and foster family, and service providers responsible for developing, reviewing, and revising comprehensive case plans for adjudicated youth.

(26) OYA Reporting Line: The phone number managed by the OYA Professional Standards Office used to report abuse or file a complaint related to OYA youth, staff, volunteers, contractors, or foster parents.

(27) Psychotropic medications: Medication prescribed with the intent to affect or alter thought processes, mood, or behavior, including but not limited to, anti-psychotic, antidepressant, and anxiolytic medication and behavior medications. The classification of a medication depends upon its stated, intended effect when prescribed because it may have many different effects.

(28) Records: Any information in written or electronic form, pictures, photographs, charts, graphs, recordings, or documents pertaining to an adjudicated youth's case.

(29) Relative foster parent: An OYA foster parent that is related to the adjudicated youth by blood or marriage, excluding the adjudicated youth's biological or adoptive parents.

(30) Respite care: A temporary arrangement between a foster parent and an OYA-certified respite provider to allow the foster parent(s) time away from an adjudicated youth.

(31) Respite provider: An individual, at least 21 years of age and certified as an OYA foster parent, who temporarily assists with supervision of one or more adjudicated youth when the full-time foster parent is not available or is spending time away from an adjudicated youth.

(32) Revocation: An action taken by OYA to rescind an Adjudicated Youth Foster Home Certificate based on non-compliance with statute, administrative rule, or the Adjudicated Youth Foster Home Agreement.

(33) Second-hand smoke or vapor: Smoke or vapor that is exhaled by a smoker or inhalant delivery system user, or originates from a product that a person is using to which a second person is exposed, and includes smoke or vapor from a cigarette, cigar, pipe, inhalant delivery system, or other material.

(34) Sex trafficking: The recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person for the purpose of a commercial sex act.

(35) Structured supervision: Supervision and knowledge of the approved whereabouts of an adjudicated youth by a certified foster parent while the adjudicated youth engages in daily living activities or recreation.

(36) Suspension: A temporary withdrawal of an adjudicated youth foster home certification by OYA pending determination of the foster parent's non-compliance with statute, administrative rule, or the Adjudicated Youth Foster Home Agreement.

(37) Termination: An action taken by OYA or the foster parent to terminate the Adjudicated Youth Foster Home Agreement.

(38) Volunteer: Any person who is not a foster parent or member of the household and who assists adjudicated youth in the home with activities for no compensation and under foster parent supervision.

(39) Vulnerable person: Includes but is not limited to a child, elderly person, person with a disability or person residing in a long-term care facility as defined in ORS 442.015, a residential facility as defined in ORS 443.400, including but not limited to an assisted living facility, or an adult foster home as defined in ORS 443.705.

Or. Admin. Code § 416-530-0010

OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 1-2000, f. & cert. ef. 4-4-00; OYA 5-2002, f. & cert. ef. 1-18-02; OYA 15-2004, f. & cert. ef 11-12-04; OYA 5-2005, f. & cert. ef. 3-9-05; OYA 14-2005, f. & cert. ef. 6-13-05; OYA 26-2005(Temp), f. & cert. ef. 11-8-05 thru 5-7-06; OYA 5-2006, f. & cert. ef. 3-20-06; OYA 2-2007, f. & cert. ef. 7-13-07; OYA 1-2014, f. & cert. ef. 1-15-14; OYA 1-2016, f. & cert. ef. 3/2/2016; OYA 7-2016, f. & cert. ef. 8/5/2016; OYA 1-2024, amend filed 03/22/2024, effective 3/22/2024

Statutory/Other Authority: ORS 420A.025

Statutes/Other Implemented: ORS 420.888 - 420.892