Or. Admin. Code § 419-440-0200
Current through Register Vol. 63, No. 11, November 1, 2024
Section 419-440-0200 - Foster Care Agencies: Consents, Disclosures, and Authorizations(1) Consents. For each child in care taken into the physical custody of a foster care agency, the foster care agency must ensure that a parent or legal guardian signs a consent that authorizes under what circumstances the foster care agency may undertake each of the following, as applicable:(a) To provide routine and emergency medical care. If a foster care agency relies on prayer or spiritual means for healing in accordance with the creed or tenets of a well-recognized religion or denomination, the foster care agency may not require medical, psychological, or rehabilitative procedures. The foster care agency must have policies and procedures for this practice, which are reviewed and approved by the parent or legal guardian of the child in care.(b) To use the discipline and behavior management systems of the foster care agency, utilized by the foster care agency.(c) To use restraint or involuntary seclusion in the management of the child in care. The consent must specify the reasons such interventions are used by the foster care agency and how the employees of the foster care agency and proctor foster home parents are trained and supervised in the use of restraint or involuntary seclusion.(d) To restrict the child in care's contact with persons outside the foster care agency and the proctor foster home, including visits, telephone communication, electronic mail, and postal mail, except that access to a child in care must be allowed as provided in ORS 418.305 and OAR 419-400-0230 and 419-400-0101.(e) To allow access to a child in care as required in ORS 418.305 and OAR 413-215-0091 and 413-215-0240.(f) To impose a dress code.(g) To apply the reasonable and prudent parent standard to determine whether the child in care is allowed to participate in age-appropriate or developmentally appropriate activities, including extracurricular, enrichment, cultural, and social activities.(2) Disclosures. At admission, the foster care agency must ensure that each parent or legal guardian of the child in care receives and acknowledges in writing the receipt of each of the following policies and requirements of the foster care agency: (a) Mandatory child abuse reporting requirements.(b) Information regarding any personal or room searches and protocols for confiscation of contraband items, including the notification of law enforcement if illegal contraband is discovered. This information will include the procedures and rationales of the foster care agency for any program-initiated room or body search.(c) A statement concerning the rights of children in care and parents or legal guardians served by the foster care agency as provided in OAR 419-400-0090. The statement must be written in a manner that is easy to understand, and the foster care agency must ensure that the child in care and the parent or legal guardian understand the statement and the requirement that the foster care agency afford the children in care each of these rights.(d) The grievance policies and procedures of the foster care agency.(e) The foster care agency will make any written policy or procedure pertaining to program services available for review by the child in care, parent, or legal guardian, upon request.(3) Authorizations. (a) Authorization to disclose information from other service providers must be filled out prior to signatures being requested and be specific to one other provider. Information may only be requested on a need-to-know basis.(b) All child-specific visitors of the child in care must be approved or authorized by the parent or legal guardian, except court appointed special advocates (CASA), Department Ombudsman, and attorneys appointed to represent the child.(c) Visitation resources must be pre-approved by the parent or legal guardian of the child in care and the identity of these resources verified by the foster care agency.(d) Activity-specific authorizations must be pre-approved by the parent or legal guardian of the child in care to allow participation in potentially hazardous activities, such as using motorized yard equipment, swimming, and horseback riding.(e) All other required authorizations must be pre-approved by the parent or legal guardian of the child in care.Or. Admin. Code § 419-440-0200
CWP 31-2008, f. & cert. ef. 10-17-08; CWP 19-2015, f. & cert. ef. 10-1-15; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16; CWP 22-2016, f. & cert. ef. 12-1-16; CWP 52-2019, amend filed 11/25/2019, effective 12/01/2019; CWP 19-2021, temporary amend filed 08/24/2021, effective 09/01/2021 through 02/19/2022; CWP 2-2022, amend filed 01/28/2022, effective 02/01/2022; Renumbered from 413-215-0391 by CWP 26-2022, filed 11/28/2022, effective 12/1/2022; OTIS 48-2023, minor correction filed 06/07/2023, effective 6/7/2023Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.248 & ORS 418.240
Statutes/Other Implemented: ORS 418.205 - 418.325