Or. Admin. Code § 419-460-0260

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

Section 419-460-0260 - Outdoor Youth Programs: Behavior Management

An outdoor youth program must comply with all of the following requirements:

(1) If a child in care refuses or is unable to hike, a contingency plan must be developed based on Department approved policies and procedures. The contingency plan must ensure that if the group of children in care is split, there is proper staff coverage for each group of children in care, and communication between the groups of children in care is maintained.

(2) Physical assist.

(a) "Physical assist" means action by staff members to physically aid, support, or redirect children in care who are not resisting. A physical assist includes staff leading children in care along the trail, moving the child in care to his or her campsite by gently pulling on a backpack strap, guiding him or her by the hand or elbow, or placing a hand on the child in care's back. The child in care may not want to be physically assisted, but he or she does not offer resistance.

(b) Appropriate use of a physical assist occurs when staff members physically aid, support, or redirect children in care who are not physically resisting. If a child in care resists reasonable staff direction, staff must assess whether the use of restraint is warranted based on the written nonviolent restraint policy of the outdoor youth program. An intervention becomes a physical restraint when the child in care resists, has "dug in his or her heels", and is propelled or held still against that resistance. Staff members must comply with all applicable physical restraint regulations, including OAR 419-400-0150.

(3) Time out.

(a) For purposes of this rule, "time out" means imposed separation of a child in care from any group activity or contact as a means of behavior management.

(b) An outdoor youth program may use time out only when a child in care's behavior is disruptive to the child in care's ability to learn, to participate appropriately, or to function appropriately with other child in care or the activity.

(c) The outdoor youth program must designate a staff member to be responsible for visually observing the child in care at random intervals at least every 15 minutes.

(d) If the duration of a time out exceeds one hour, or there is visual separation of the child in care, the outdoor youth program must write an incident report in sufficient detail to provide a clear understanding of the incident or behavior which resulted in the child in care being placed in time out, and staff's attempts to help the child in care avoid time out. The child in care's legal guardians must be provided with a copy of the documentation of each time out under this subsection within 72 hours.

(e) The outdoor youth program must reintroduce a child in care to the group in a sensitive and non-punitive manner as soon as control is regained.

(f) If there are timeouts equaling more than 3 hours within a 24 hour period, the executive director or designee must conduct a review to determine the suitability of the child in care remaining in the outdoor youth program, whether modifications to the child in care's plan are warranted, and whether staff need additional training in alternative therapeutic behavior management techniques. The outdoor youth program must take appropriate action as a result of the review.

(g) Time outs may be assigned by staff or self-imposed.

(h) Children in care may not be physically restrained because the child in care leaves an assigned time-out.

Or. Admin. Code § 419-460-0260

SOSCF 9-2002, f. & cert. ef. 5-29-02; Renumbered from 413-210-0872, CWP 28-2008, f. & cert. ef. 10-17-08; CWP 7-2013, f. & cert. ef. 10-1-13; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16; CWP 22-2016, f. & cert. ef. 12-1-16; CWP 89-2020, minor correction filed 01/15/2020, effective 01/15/2020; 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 413-215-1031 by CWP 26-2022, filed 11/28/2022, effective 12/1/2022; OTIS 61-2023, minor correction filed 06/08/2023, effective 6/8/2023

Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.240

Statutes/Other Implemented: ORS 418.990 - 418.998, ORS 409.010 & ORS 418.205 - 418.325