Or. Admin. Code § 419-470-0160
Current through Register Vol. 63, No. 11, November 1, 2024
Section 419-470-0160 - Consents, Disclosures, and Authorizations(1) Consents. For each child in care in placement with a residential care agency, the residential care agency must ensure that a parent or legal guardian signs a consent that authorizes the residential care agency to undertake each of the following: (a) To provide routine and emergency medical care. However, if the parent or legal guardian relies on prayer or spiritual means for healing in accordance with the creed or tenets of a well-recognized religion or denomination, the residential care agency is not required to use medical, psychological or rehabilitative procedures, unless the child in care is old enough to consent to these procedures and does so. The residential care agency must have policies and procedures for this practice, which are reviewed and approved by the child in care's parent or legal guardian.(b) To use the discipline and behavior management system of the residential 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 residential care agency.(d) To restrict the child's contact with persons outside the residential care agency, including but not limited to, 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 419-400-0240.(e) To allow access to a child in care as required in ORS 418.305 and OAR 419-400-0230 and 419-400-0240.(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 to parent or legal guardian. At the time a residential care agency takes a child in care into placement, the residential 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: (a) 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 residential care agency for any program-initiated room or body search.(b) A statement concerning the rights of children in care and parents or legal guardians served by the residential care agency as provided in OAR 419-400-0090. The statement must be written in a manner that is easy to understand, and the residential care agency must ensure that the child and the parent or legal guardian understand the statement.(c) The residential 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) Written authorizations to exchange information with others must be filled out prior to signatures being requested.(b) All child-specific visitors must be approved or authorized by the parent or legal guardian, except access to a child in care must be provided as required in ORS 418.305 and OAR 419-400-0230 and 419-400-0240.(c) Visitation resources must be pre-approved by the child's parent or legal guardian and the identity of these resources verified by the residential care agency in care.(d) Activity-specific authorizations must be pre-approved by the child in care's parent or legal guardian to allow children to participate 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 child in care's parent or legal guardian.Or. Admin. Code § 419-470-0160
CWP 33-2008, 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 31-2020, minor correction filed 01/14/2020, effective 01/14/2020; 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 413-215-0576 by CWP 26-2022, filed 11/28/2022, effective 12/1/2022; OTIS 35-2023, amend filed 04/17/2023, effective 4/18/2023Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.327, ORS 418.305 & ORS 418.240
Statutes/Other Implemented: ORS 418.205 - 418.327