Or. Admin. Code § 416-530-0070

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

Section 416-530-0070 - Standards for the Foster Home

(1) General.

(a) Schools, recreation, religious activities, medical care, and cultural activities must be accessible to adjudicated youth in the foster home.

(b) If care is to be provided to one or more developmentally disabled or physically impaired adjudicated youth, OYA must consult with the relevant professionals to identify necessary accommodations to the foster home and ask the foster parent to implement the necessary accommodations prior to placement.

(A) OYA must coordinate the accommodations to the foster home.

(B) If the foster parent refuses to make the necessary accommodations, the adjudicated youth must not be placed into the foster home.

(c) Foster homes must have a working telephone with service. Foster parents must secure an alternative phone service within 24 hours of any disruption of existing phone service and communicate the new telephone number to the Certifier.

(2) Kitchen.

(a) Foster homes must have the equipment necessary for the safe preparation, storage, serving and cleanup of meals.

(b) Foster parents must ensure that all cooking and refrigeration equipment is sanitary and in working condition.

(c) Foster parents must ensure that meals are prepared and served in a safe and sanitary manner.

(3) Living areas.

(a) The foster home must have sufficient living space that is comfortably furnished and accessible to all members of the household, including adjudicated youth.

(b) Foster homes must be well-heated and well-ventilated.

(4) Bedrooms.

(a) Bedrooms occupied by adjudicated youth must:

(A) Be safe and have adequate living space for each adjudicated youth;

(B) Have windows that open and provide sufficient natural light and ventilation;

(C) Have a bed for each adjudicated youth, with clean bed linens, blankets (as appropriate to the season), and pillows; and

(D) Have functioning smoke alarms and carbon monoxide detectors, as prescribed in the OYA Foster Home Safety Requirements Checklist.

(b) Adjudicated youth age 18 or older may not share a bedroom with an adjudicated youth under age 18 without the prior approval of the OYA Foster Care Program manager.

(c) Children or other members of the household of foster parents are prohibited from sharing a bedroom with an adjudicated youth.

(d) The Certifier must determine the maximum number of adjudicated youth allowed to occupy each bedroom based on room size and the availability of adequate personal space for each adjudicated youth. Placement of more than the determined maximum number of adjudicated youth allowed to occupy each bedroom is prohibited.

(e) Each adjudicated youth must be provided with adequate storage space in or near the bedroom the adjudicated youth occupies for personal belongings and a designated space for hanging clothes.

(f) Foster parents must allow flexibility in the decoration of sleeping areas to accommodate the personal tastes and expressions of the adjudicated youth in care.

(g) Adjudicated youth bedroom doors must not have locks.

(h) Adjudicated youth with a history of inappropriate sexual behavior or adjudicated for a sexual offense must occupy a bedroom either individually, or in a group of three adjudicated youth with histories of inappropriate sexual behavior or adjudicated for a sexual offense. The assignment of two adjudicated youth with histories of inappropriate sexual behavior or adjudicated for a sexual offense to one bedroom must be authorized by the JPPO, Certifier and the OYA Foster Care Program manager.

(i) Adjudicated youth who have a history of inappropriate sexual behavior or have been adjudicated for a sexual offense must not occupy a bedroom with someone who does not have a history of inappropriate sexual behavior or who has not been adjudicated for a sexual offense, unless authorized by the JPPO, Certifier, and the OYA Foster Care Program manager.

(j) Bedrooms occupied by adjudicated youth that are located in basements or above the ground floor must have safe and direct emergency exits to the ground.

(5) Domestic animals.

(a) Foster parents must restrict access to potentially dangerous animals.

(b) Only domestic animals allowed by local ordinances may be kept as pets.

(c) Domestic animals must be properly cared for, supervised, and otherwise maintained in compliance with local ordinances.

(d) Rabies vaccination for pets must be kept current as required by law. Foster parents must provide proof of rabies vaccination to OYA upon request.

(6) Deadly weapons.

(a) Foster parents must immediately notify the Certifier anytime a deadly weapon is brought to the foster home.

(b) Deadly weapons must be stored behind double locks that prohibit access and visibility to adjudicated youth. For purposes of this rule, a double lock may be a locked compartment within a locked room.

(c) Firearms.

(A) Any foster parent or member of the household who possesses a concealed weapon permit must give OYA a copy of the permit.

(B) Firearms must remain unloaded and stored in a locked gun safe or behind double locks that prohibit access and visibility to adjudicated youth. For purposes of this rule, a double lock may be a locked compartment within a locked room. Ammunition must be stored in a separate locked compartment, separate from any firearm. Trigger locks and glass front display cabinets are not permissible.

(C) Except for law enforcement personnel, no person may carry a firearm when adjudicated youth are present.

(7) Safety.

(a) Swimming pools and hot tubs must be maintained in a safe and clean condition, and must comply with local safety regulations and ordinances.

(b) Any safety hazard identified by OYA staff or a qualified trade service provider must immediately be remedied by the foster parent.

(c) An emergency access must be available to any room that has a lock.

(d) Stairways must be equipped with handrails.

(e) All hazardous chemicals, solvents, combustibles, and aerosol containers must be stored in locked storage sufficient to prevent unauthorized access.

(f) In addition to section (4)(a)(D) of this rule:

(A) At least one functioning smoke alarm must be placed on each floor of the foster home and installed per manufacturer's instructions;

(B) At least one carbon monoxide detector must be placed within 15 feet of an adjudicated youth's bedroom and installed per manufacturer's instructions; and

(C) At least one carbon monoxide detector must be placed on each floor of the foster home.

(g) At least one unexpired and operable class 2-A-10BC or higher rated fire extinguisher must be available and maintained on each floor of the foster home.

(h) Foster parents must have each fire extinguisher inspected by a licensed professional annually. An updated inspection tag must be attached to each fire extinguisher. Foster parents must adhere to any further safety and testing measures identified by the licensed professional.

(i) Dangerous tools, equipment, and machinery must be stored in a manner sufficient to prevent unauthorized access.

(j) The foster parent must have an evacuation plan and verify the plan is practiced with each adjudicated youth at the time of placement and at least once a year. An evacuation diagram must be posted in a clearly visible and conspicuous location.

(k) The use of space heaters is limited to electric space heaters equipped with tip-over protection, or propane space heaters equipped with approved venting. No extension cords may be used with such heaters or in place of permanent wiring. Kerosene space heaters are not allowed.

(l) Foster homes must have two unrestricted emergency exits in case of fire.

(A) A sliding door or window that can be used to evacuate adjudicated youth may be considered a usable emergency exit.

(B) Barred windows used as possible emergency exit in case of fire must be fitted with operable quick release mechanisms.

(8) Sanitation and health.

(a) The foster home must be kept clean and free of hazards to the health and physical well-being of the family. All areas of the foster home must meet sanitation criteria as described in OYA Cleanliness Checklist.

(b) Measures must be taken to keep the house and premises free of vermin.

(c) First aid supplies must be stored in an easily accessible place.

(d) A continuous supply of safe, clean drinking water must be available.

(A) Private water sources and septic tank systems must be kept safe and functioning properly.

(B) Private water sources must be tested and approved by an appropriate official upon OYA request.

(e) Only pasteurized milk, juices, or powdered milk may be used for adjudicated youth consumption.

(f) All plumbing must be kept in working order, and an adequate supply of hot water for bathing and dish washing must be available.

(g) Water heaters must be accessible for inspection and equipped with a safety release valve and an overflow pipe that directs water to the floor or to another approved location.

(h) The foster home must have a minimum of one bathroom with a flush toilet, one sink with running water, and one bath or shower with hot and cold water.

(i) Pending regular removal, garbage and refuse must be stored appropriately, with no accumulation of garbage, debris, or rubbish that emits offensive odors.

(j) Adjudicated youth in the foster home must not be subjected to second-hand smoke or vapor.

(9) Transportation and home insurance.

(a) All vehicles used to transport adjudicated youth must have, at a minimum, liability insurance coverage in accordance with Oregon law.

(b) Foster parents and other members of the household who transport adjudicated youth must be licensed and insured drivers, 21 years of age or older, and provide proof of current coverage.

(c) At least one foster parent must possess a valid license to drive, or demonstrate options for safe and accessible transportation.

(d) The driver must ensure that all passengers use seat belts during the transport.

(e) Adjudicated youth may not operate a vehicle owned by a foster parent or member of the household if the vehicle requires a state license to be operated on public roads.

(f) Adjudicated youth may engage in driver's education provided by public school or driver training delivered by a licensed provider in accordance with the adjudicated youth's case plan.

(g) Foster parents must provide current proof of homeowner's insurance or renter's insurance.

Or. Admin. Code § 416-530-0070

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 1-2009, f. & cert. ef. 2-2-09; OYA 1-2014, f. & cert. ef. 1-15-14; OYA 1-2016, f. & cert. ef. 3/2/2016; 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