Or. Admin. Code § 416-530-0060

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

Section 416-530-0060 - Foster Parent Duties and Responsibilities

(1) Governance

(a) Foster parents must comply with the standards of these rules and OYA procedures, including rules applicable to applicants.

(b) Foster parents must abide by the responsibilities described in the OYA Adjudicated Youth Foster Home Agreement. This agreement must be signed at the time of initial certification and annually, thereafter.

(c) Foster parents must provide care and supervision in accordance with the adjudicated youth's individual case plan.

(d) Foster parents must not leave adjudicated youth unsupervised in the foster home, except with prior written approval by the adjudicated youth's JPPO and Certifier specifying circumstances and length of time the adjudicated youth may be unsupervised.

(e) Foster parents must allow OYA access to the home, adjudicated youth, and foster care records, for the purpose of ongoing compliance monitoring.

(f) If a foster parent receives information that an adjudicated youth has been suspected or identified as a sex trafficking victim, the foster parent must immediately report the information to the Oregon Department of Human Services hotline, law enforcement, the Certifier, and the adjudicated youth's JPPO.

(2) Training

(a) An applicant must complete an OYA-mandated pre-service training before the applicant is approved for certification. The training must include topics on suicide prevention, mandatory abuse reporting, understanding juvenile delinquency, and managing adjudicated youth behavior.

(b) Foster parents must have a valid CPR/First Aid certificate. CPR/First Aid courses count toward the annual minimum training requirement.

(c) On an annual basis, thereafter, each foster parent must complete additional training on topics identified by OYA, including suicide prevention and mandatory abuse reporting. Foster parents must provide adequate proof of completing the annual training to OYA.

(d) All training must be provided or approved by OYA and must include educational opportunities designed to enhance the foster parent's knowledge, skills, and abilities to meet the special needs of adjudicated youth.

(A) If adjudicated youth are in the home and the annual has not been completed, the adjudicated youth foster home certification must be placed on inactive referral status. No additional adjudicated youth referrals may be made until the annual training is completed.

(B) OYA may suspend a certificate if no adjudicated youth are currently in placement and the training requirements have not been met.

(3) Foster parents must work with OYA staff, by:

(a) Participating in Multidisciplinary Team (MDT) reviews;

(b) Implementing changes in care and supervision only as guided by the supervising JPPO or Certifier;

(c) Providing an adjudicated youth with the opportunity for contacts and private visits or telephone calls with the adjudicated youth's JPPO, attorney, and the OYA Reporting Line; and

(d) Notifying the Certifier, or designee, of changes likely to impact the life and circumstances of the foster family, including but not limited to the following situations:

(A) Immediate notification to the Certifier and the adjudicated youth's JPPO of any circumstance involving the adjudicated youth, foster parent, or other members of the household which may have a serious impact on the health, safety, physical or emotional well-being of the adjudicated youth. This includes, but is not limited to, injury, illness, accident, law violation, or unauthorized absence;

(B) Immediate notification to the Certifier of any visitor remaining in the home overnight who has not received prior approval by OYA. Foster parents and the Certifier must collaborate to ensure the safety of the adjudicated youth and visitor(s);

(C) Prior notification when a change in address is anticipated. In the case of an emergency (e.g., fire), foster parents must provide this information as soon as possible after the change of address occurs; and

(D) Prior notification when a change in the composition of the household is anticipated. In the event of an emergency, foster parents must provide this information as soon as possible after the change occurs.

(e) Foster parents must have prior written approval from OYA to take an adjudicated youth out of state.

(4) Foster parents must respect and support the adjudicated youth's relationship with the adjudicated youth's family or other persons approved by the adjudicated youth's JPPO by:

(a) Assisting OYA staff in planning and implementing visits between the adjudicated youth and the adjudicated youth's family or other approved visitors as indicated by the adjudicated youth's case plan, or the adjudicated youth's JPPO;

(b) Allowing an adjudicated youth opportunities to have regular phone contact with the adjudicated youth's family or other persons approved by the JPPO; and

(c) Informing the JPPO if the adjudicated youth chooses to decline family visits.

(5) Records

(a) Foster parents must, for the duration of the adjudicated youth's placement in the foster home, maintain records, including, but not limited to, information relating to the adjudicated youth's health (including immunizations), education, and placement progress.

(b) All records pertaining to the adjudicated youth belong to OYA. The foster parent must make all records available to OYA upon request. The foster parent must provide all records to the adjudicated youth's JPPO or designee within 30 days of the adjudicated youth leaving the foster home, and not retain any originals or copies. Any records request by foster parents after the records have been returned to OYA must be handled in accordance with OAR chapter 416, division 105.

(6) Confidentiality

(a) Adjudicated youth information and records are confidential. Foster parents must maintain information relating to adjudicated youth including but not limited to information relating to a youth's health, education, and placement progress. Records must be stored in a manner sufficient to prevent unauthorized access.

(b) Foster parents must not disclose adjudicated youth records without authorization from OYA.

(c) Adjudicated youth records may be disclosed only when necessary to provide for the safety and wellbeing of adjudicated youth and with prior approval of OYA.

(d) Foster parents must maintain the adjudicated youth's confidentiality and may not post the adjudicated youth's information or photograph on any social media or electronic outlets, unless authorized by OYA.

(e) Unauthorized disclosure of adjudicated youth records may lead to suspension of certification.

(7) Adjudicated youth reformation and supervision

Foster parents must:

(a) Provide structure, accountability, and supervision designed to promote the physical, social, intellectual, spiritual, and emotional development of adjudicated youth, while providing for community protection;

(b) Treat each adjudicated youth with respect and dignity; and

(c) Help the adjudicated youth develop skills and perform tasks that promote independence and self-sufficiency.

(8) Household composition

(a) No more than three OYA adjudicated youth may reside in any given foster home at one time. In addition, no more than five total children (including the foster parent's own children under the age of 18 or any OYA respite youth) may reside in one foster home.

(b) Children of foster parents the age of 18 and older will not be counted toward the limitation of five children in the foster home.

(c) Members of the household age 18 and older who remain in or return to the home after becoming 18 years of age are subject to a criminal records check, including a fingerprint records check. The foster parent must notify OYA when a member of the household remains in or returns to the home after becoming 18 years of age.

(d) Foster parents must not care for individuals on a commercial basis, or accept any person for placement from any source other than OYA.

(9) Respite care

(a) A respite provider may not care for adjudicated youth in the respite provider's own home without a current and valid OYA Certificate that specifically authorizes the respite provider to provide respite care in their own home.

(b) When all foster parents are absent from providing supervision of adjudicated youth in a foster home, an OYA-certified respite provider at least 21 years of age, capable of assuming foster care responsibilities, must be present. Other adults at least 21 years of age may provide supervision for three hours or less with prior approval from the foster parent, JPPO and Certifier.

(c) When all foster parents anticipate being absent from providing supervision of adjudicated youth for overnight or longer, the foster parents must give OYA advance notice and the foster parents must receive approval from OYA before the foster parents may be absent. The foster parents must provide the following information: the dates of absence; the telephone number where the foster parents can be reached; and the OYA-certified respite provider who will provide care during the foster parent's authorized absence.

(d) The total number of adjudicated youth per foster home may be increased to no more than five to provide foster parents short-term respite from foster care responsibilities.

(e) Foster parents may receive up to two days of OYA respite care per month. A foster parent may choose to forgo the allotted respite care days during a month and use them at a later date, not to exceed eight consecutive respite care days.

(f) Any respite care exceeding eight days per calendar month requires prior review and approval by the OYA Foster Care Program manager. Respite care is considered a dual placement and will follow OYA procedures for dual placements.

(10) Food and nutrition

(a) Foster parents must provide each adjudicated youth three well-balanced meals and appropriate snacks on a daily basis.

(b) Foster parents must provide each adjudicated youth daily access to kitchen facilities to prepare meals and snacks.

(c) Foster parents must accommodate an adjudicated youth's special and cultural dietary needs.

(11) Clothing and personal belongings

(a) Foster parents must provide each adjudicated youth with clean clothing that fits the adjudicated youth's needs.

(b) Adjudicated youth must be allowed to participate in choosing their own clothing.

(c) Adjudicated youth may bring and acquire appropriate personal belongings. Property must fit within OYA's travel kit requirements unless approved by the JPPO and Certifier. Adjudicated youth personal property must be contained in no more than two duffle bags, one plastic tote, and a toiletry bag. Adjudicated youth personal property must never be stored in garbage bags. The OYA travel kit will be issued by the JPPO.

(d) Foster parents must provide a weekly allowance to adjudicated youth, as required in the OYA Foster Parent Agreement.

(e) In consultation with the Certifier and the JPPO, foster parents must create a plan to manage adjudicated youth money and adjudicated youth accounts.

(f) Foster parents must not co-sign on any adjudicated youth accounts.

(g) Foster parents must provide each adjudicated youth with individual items necessary for personal hygiene and grooming. Foster parents must also ensure culturally specific products are available to each adjudicated youth to meet each adjudicated youth's needs.

(12) Discipline and guidance

Foster parents must:

(a) Work with an adjudicated youth's JPPO and Certifier to develop a behavior management plan that sets clear expectations, limits, and consequences of behavior through use of adequate and appropriate structure and supervision;

(b) Provide supervision, guidance, and clearly stated basic and house rules, to hold adjudicated youth accountable; and

(c) Upon intake and whenever necessary, review household rules with adjudicated youth and provide them with a copy.

(d) Expectations and consequences must be designed to guide adjudicated youth with respect, kindness and understanding, while holding the adjudicated youth accountable for personal behaviors.

(e) No adjudicated youth or other person(s) in a foster home will be subjected to physical abuse, sexual abuse, sexual exploitation, neglect, emotional abuse, mental injury, threats of harm, forced physical labor, or restriction from approved contacts as punishment.

(13) Chores

(a) Foster parents must set expectations for adjudicated youth to clean and care for their personal sleeping and housing areas and contribute toward the cleaning and maintenance of common living areas. These are routine tasks and youth must not receive compensation for such tasks.

(b) Household chores must be appropriate to the adjudicated youth's age and ability.

(c) Additional jobs or projects offered to an adjudicated youth by a foster parent must be safe, reasonable, not assigned as a punishment, and must abide by the requirements in the Foster Home Agreement.

(d) Paid jobs are additional work projects the adjudicated youth and foster parent mutually agree on that are not chores, for which the adjudicated youth receives compensation.

(14) Health care

(a) Foster parents must work with OYA to ensure that an adjudicated youth's physical and mental health care needs are met, including but not limited to:

(A) Scheduling appointments and arranging transportation to medical, dental, vision, or counseling appointments, or assisting adjudicated youth in doing so if appropriate;

(B) Ensuring that immunizations are current;

(C) Reporting to OYA when an adjudicated youth needs corrective or follow-up medical, mental health, vision, or dental care and arranging necessary care;

(D) Arranging for necessary consents from OYA for an adjudicated youth's medical treatment that is not routine, including surgery; and

(E) Obtaining emergency medical care, when necessary.

(b) Medication Administration

(A) Foster parents must comply with applicable provisions of OAR chapter 416, division 340 pertaining to medication.

(B) An adjudicated youth may refuse any medication. When this occurs, the foster parent must document the refusal and immediately notify the adjudicated youth's JPPO and Certifier.

(C) A foster parent must administer prescription medications to an adjudicated youth only when ordered by a physician.

(D) All medications must be stored in locked storage sufficient to prevent unauthorized access.

(E) Foster parents must inform an adjudicated youth's JPPO and Certifier within one working day if any psychotropic medication is prescribed or changed for the adjudicated youth.

(c) If an adjudicated youth is exhibiting behaviors or other indicators that have the appearance of being under the influence of a substance, the foster parent must have the youth medically cleared by medical professional personnel immediately upon discovery.

(d) Medical information

(A) Adjudicated youth medical information must be kept confidential and in a secure location.

(B) Medical information may be shared only in compliance with Oregon Revised Statutes, and OYA administrative rules.

(C) Foster parents must provide OYA with copies of adjudicated youth medical information.

(15) Religious, cultural, ethnic heritage, sexual orientation, and gender identity.

Foster parents must respect the sexual orientation, gender identity, ethnic heritage, religious choices, cultural identity, and language of an adjudicated youth and the adjudicated youth's family by:

(a) Providing reasonable and meaningful opportunities for an adjudicated youth to develop relationships with others of like cultural and ethnic background;

(b) Providing adjudicated youth opportunities to engage in religious activities of the adjudicated youth's choice; and

(c) Not requiring an adjudicated youth to participate in religious activities or events contrary to the adjudicated youth's beliefs.

(16) Education

(a) Within five school days of placement in the foster home, the foster parent must start the enrollment process for the adjudicated youth in an appropriate educational or vocational program, as outlined in the adjudicated youth's case plan.

(b) Foster parents must be actively involved in an adjudicated youth's educational or vocational programs.

(c) Foster parents must allow an adjudicated youth adequate time to complete homework in a location conducive to study, and provide assistance as needed.

(d) Foster parents must work with school personnel when issues arise at school, and report to an adjudicated youth's JPPO and Certifier any situation that may require OYA involvement.

(17) Recreation

Foster parents must:

(a) Provide regular recreational and extracurricular activities appropriate to the age, interests, and abilities of an adjudicated youth, as described in OAR chapter 416, division 500;

(b) Apply reasonable and prudent parent standards when determining such participation. "Reasonable and prudent parent standards" means the standards, characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of an adjudicated youth while encouraging the emotional and developmental growth of the adjudicated youth, that a foster parent must use when determining whether to allow an adjudicated youth to participate in recreational and extracurricular activities;

(c) Encourage an adjudicated youth to participate in community activities on the adjudicated youth's own as approved by the JPPO and Certifier;

(d) Engage in community activities with adjudicated youth and obtain required approvals from OYA; and

(e) Provide opportunities for an adjudicated youth to pay restitution and perform community service obligations as directed by the case plan.

(18) Restrictions

(a) No mechanical restraints, other than properly used car seat belts, may be used on OYA adjudicated youth by foster parents.

(b) Foster parents and members of the household may not provide any form of tobacco, inhalant delivery system, alcohol, marijuana, drug paraphernalia, or illicit drugs to adjudicated youth, or allow adjudicated youth to consume or use such items or products.

(c) Adjudicated youth may use private home swimming pools and hot tubs only under supervision of a foster parent or certified respite provider.

(d) All alcoholic beverages, cannabinoids and paraphernalia, and tobacco products must be stored and locked in a manner sufficient to prevent access by adjudicated youth.

(19) Safety. Foster parents must:

(a) Be aware of an adjudicated youth's location at home and in the community at all times;

(b) Have an adequate system for monitoring adjudicated youth during the night that has been approved by the Certifier;

(c) Ensure that keys to locked storage and motorized vehicles are secured at all times;

(d) Inspect an adjudicated youth's room, property, and areas adjudicated youth have access to on a regular basis to prevent the adjudicated youth from possessing contraband;

(e) Comply with OYA health and safety requirements for the prevention of accidents and injuries;

(f) Understand and implement suicide prevention techniques and reporting requirements; and

(g) Be aware of and monitor appropriate and inappropriate adjudicated youth boundaries and sexual behavior.

Or. Admin. Code § 416-530-0060

OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 15-2004, f. & cert. ef 11-12-04; OYA 2-2007, f. & cert. ef. 7-13-07; OYA 1-2014, f. & cert. ef. 1-15-14; OYA 4-2015(Temp), f. & cert. ef. 8-14-15 thru 2-9-16; Administrative correction, 12-24-16; 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