Or. Admin. Code § 419-400-0010
Current through Register Vol. 63, No. 12, December 1, 2024
Section 419-400-0010 - Licensing Umbrella Rules: Regulation of Child-Caring Agencies(1) The Department is required to regulate and license certain organizations and agencies that care for children. The rules in OAR chapter 419, division 400 establish the requirements of the Department for obtaining and maintaining the required license, and the policies of the Department required by ORS 418.205 to 418.327.(2) These umbrella rules (OAR 419-400-0005 to 419-400-0310) apply to all of the following types of child-caring agencies: (a) An adoption agency (further regulated by OAR 419-420-0010 to 419-420-0160).(b) A foster care agency (further regulated by OAR 419-440-0010 to 419-440-0210).(c) A residential care agency (further regulated by OAR 419-470-0010 to 419-470-0180).(d) An outdoor youth program (further regulated by 419-460-0010 to 419-460-0260).(e) A day treatment agency (further regulated by OAR 419-430-0010 to 419-430-0110).(f) A homeless, runaway, and transitional living shelter (further regulated by OAR 419-450-0010 to 419-450-0120).(g) An academic boarding school (further regulated by OAR 419-410-0010 to 419-410-0150).(h) A therapeutic boarding school (further regulated by OAR 419-490-0010 to 419-490-0170).(i) A private school, agency, or organization providing similar care or services for children as the schools, agencies, or organizations described in subsections (a) to (h) of this section or that otherwise meets the definition of a child-caring agency under ORS 418.205(2)(a).(j) A secure transportation services provider further regulated by OAR 419-480-0010 to 419-480-0120.(3) A child-caring agency must comply with all of the Department rules that apply to the child-caring agency.(4) All child-caring agencies, their governing boards, and executive director, and program director, employees, contractors, and agents shall ensure the following standards, procedures, and protocols are met: (a) The child-caring agency ensures child and family rights.(b) The child-caring agency complies with abuse reporting and investigation requirements including, but not limited to, having and following abuse reporting procedures as required in OAR 419-400-0110 and providing training as required in OAR 419-400-01201.(c) The child-caring agency engages in and applies appropriate behavior management techniques.(d) The child-caring agency provides adequate furnishings and personal items for children.(e) The child-caring agency provides appropriate food services.(f) The child-caring agency ensures the safety of children, including ensuring adequate supervision.(g) The agency utilizes approved procedures and protocols for use of medications for children receiving care or services from the child-caring agency.(h) The child-caring agency or the child-caring agency's employees or agents have not engaged in financial mismanagement.(i) The child-caring agency fully and timely corrects violations and maintains standards in accordance with any plan of correction imposed by the Department.(j) The child-caring agency provides access to a child in care or the child-caring agency's premises to the Department or the Department's employees, investigators, court appointed special advocates, attorneys for a child in care, the parent or legal guardian of the child in care if the child in care has not been committed to the custody of the Department or the Oregon Youth Authority, or other authorized persons or entities as required under ORS 418.305 and OAR 419-400-0230 and 419-400-0240.(k) The child-caring agency permits the Department to inspect agency records including, but not limited to, financial records, treatment records, services delivery records, logs, incident reports, case notes, medication records, and medical treatment records.(l) The child-caring agency is incorporated as required by ORS 418.215 and OAR 419-400-0030.(m) The child-caring agency is in full compliance with the standards of care and treatment in these rules.(5) Department staff responsible for the regulation and oversight of child-caring agencies must review licensing applications, conduct on-site inspections, investigate complaints, and carry out all other duties necessary to ensure the safe operation of child-caring agencies. The Department will measure the time and resources needed to carry out these duties to create a workload model. The workload model will guide the Department when seeking additional resources to meet the Department's regulatory oversight responsibilities under Oregon law.Or. Admin. Code § 419-400-0010
CWP 29-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16; CWP 22-2016, f. & cert. ef. 12-1-16; CWP 28-2017, temporary amend filed 12/30/2017, effective 01/01/2018 through 06/29/2018; CWP 57-2018, amend filed 06/29/2018, effective 06/29/2018; CWP 126-2018, amend filed 12/26/2018, effective 01/01/2019; CWP 24-2021, temporary amend filed 11/01/2021, effective 11/01/2021 through 04/23/2022; CWP 7-2022, amend filed 04/27/2022, effective 04/27/2022; Renumbered from 413-215-0001 by CWP 26-2022, filed 11/28/2022, effective 12/1/2022; OTIS 2-2023, minor correction filed 01/18/2023, effective 1/18/2023Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.255 & ORS 418.240
Statutes/Other Implemented: ORS 418.205 - 418.327