(1) NON-DISCRIMINATION. An agency's personnel
policies and practices must comply with all applicable state and federal
statutes, rules, and regulations regarding non-discrimination.
(a) An agency must notify each mandatory
reporter of abuse reporting requirements at least annually on the applicable
(b) An agency must
provide each mandatory reporter with a Department produced card regarding abuse
reporting status and abuse reporting requirements.
(c) An agency must maintain and implement
personnel policies and procedures that address suspension, increased
supervision, or other appropriate disciplinary action when a staff member,
provider, subcontractor, relief provider, or volunteer, has been identified as
an accused person in an abuse investigation or a founded report of child abuse
or substantiated adult abuse.
RETALIATION. An agency or provider may not retaliate against a person who
reports in good faith suspected abuse or retaliate against an individual with
respect to a report. An accused person may not self-report solely to claim
(A) An agency, provider, or
person that retaliates against a person because of a report of suspected abuse
is liable under ORS
in a private action for actual damages and, in addition, is subject to a
penalty up to $1,000, notwithstanding any other remedy provided by
(B) Any adverse action is
evidence of retaliation if taken within 90 calendar days of a report of
For the purpose of this
section, "adverse action" means any action taken by an agency, provider, or
person involved in a report against the person making the report or against the
individual because of the report and includes, but is not limited to, the
(i) Discharge or transfer from the
agency, except for clinical reasons.
(ii) Discharge from, or termination of,
(iii) Demotion or
reduction in remuneration for program services.
(iv) Restriction or prohibition of access to
the agency or the individuals receiving services delivered by the
(3) APPLICATION FOR EMPLOYMENT. An
application for employment at an agency must inquire whether an applicant has
had a founded report of child abuse or substantiated adult abuse.
BACKGROUND CHECKS - NON-DEPARTMENT
PROVIDER AGENCY. This section applies to a subject individual, as defined in
, employed or contracted by an agency to provide program
A background check must be
approved for each subject individual in accordance with the following:
A subject individual may be approved for
one position to work in multiple locations within a qualified entity as defined
in OAR 407-007-0210
. The Background Check Request Form must be completed by the
subject individual to show intent to work at various locations.
(c) An agency must perform a background check
on all subject individuals at least every two years.
(d) As of July 28, 2009, an agency may not
use public funds to support a subject individual convicted of a disqualifying
crime in ORS
unless the subject individual remains in the position the subject individual
held prior to July 28, 2009.
subject individual must notify the Department, or the designee of the
Department, within 24 hours of any potentially disqualifying crime under OAR
or potentially disqualifying condition under OAR
BACKGROUND CHECKS - DEPARTMENT. This section applies to a subject individual,
as defined in OAR 407-007-0010
, employed or contracted by the Department to
provide services in a residential training facility as defined in ORS
or a residential training home as defined in ORS
A background check must be approved for
each subject individual in accordance with the following:
(b) The Department shall perform a background
check on all subject individuals at least every two years.
As of January 1, 2018, the Department may
not use public funds to support a subject individual ineligible under OAR
EXECUTIVE DIRECTOR QUALIFICATIONS. An agency must be operated under the
supervision of an Executive Director who has a minimum of a bachelor's degree
and two years of experience, including supervision, in intellectual or
developmental disabilities, mental health, rehabilitation, social services, or
a related field. Six years of experience in the identified fields may
substitute for a degree.
GENERAL STAFF QUALIFICATIONS. A staff member delivering services to an
individual must meet the following criteria:
(a) Be at least 18 years of age.
Be legally eligible to work in the United
States demonstrated by:
(A) A completed U.S.
Citizenship and Immigration Services Form I-9;
(B) Other documents that prove legal ability
to work in the United States; or
(C) A notarized letter from the Executive
Director or Board of Directors acknowledging the agency understands the
responsibility to maintain I-9s for all employees and attesting the agency has
a completed I-9 for each employee.
(c) Hold a current, valid, and unrestricted
professional license or certification where services and supervision requires
specific professional education, training, and skill.
(d) Understand requirements of maintaining
confidentiality and safeguarding individual information.
(e) Not be on the list of excluded or
debarred providers maintained by the Office of the Inspector General.
(f) Be literate and capable of understanding
written and oral orders.
able to communicate with individuals, health care providers, case managers, and
(h) Be able to
respond to emergency situations at all times services are being
(i) Be certified in CPR
and First Aid by a recognized training agency within 90 calendar days of
(j) Receive 12 hours of
job-related in-service training annually.
(k) Have clear job responsibilities as
described in a current signed and dated job description.
(l) If transporting individuals, have a valid
driver's license and vehicle insurance in compliance with the laws of the
Department of Motor Vehicles.
Additional qualifications required by applicable program rules for the staff of
an agency endorsed to those rules.
PERSONNEL FILES AND QUALIFICATION
RECORDS. An agency must maintain up-to-date written job descriptions for each
staff member as well as a personnel file, available to the Department or the
designee of the Department for inspection. The personnel file must include, but
is not limited to, the following:
documentation that references and qualifications were checked.
(b) Written documentation by the Department
of an approved background check in accordance with sections (4) or (5) of this
(c) Written documentation of
mandatory abuse training and notification of mandatory reporter status prior to
delivering services and annually thereafter.
(d) Written documentation of any complaints
filed against the staff member and the results of the complaint process,
including, if any, disciplinary action.
(e) Written documentation of any founded
report of child abuse or substantiated adult abuse.
(f) Written documentation of 12 hours of
job-related in-service training annually.
(g) Documentation the staff member has been
certified in CPR and First Aid by a recognized training agency within 90
calendar days of employment and certification is kept current.
(h) For staff operating vehicles that
transport individuals, documentation of a valid driver's license and proof of
vehicle insurance in compliance with the laws of the Department of Motor
An agency must implement all directives related to staffing and operation of
the agency to reduce the spread of the Coronavirus (COVID-19) issued by any of
(a) Governor's Executive
(b) Written instruction to
the agency from the Local Public Health Authority or the Oregon Health
Authority Public Health Division.
(c) Written guidance directed at the agency
through Department policy.
(10) DISSOLUTION OF AN AGENCY. A
representative of the governing body or owner of an agency must notify the
Department in writing 30 calendar days prior to the dissolution of the agency
and make appropriate arrangements for the transfer of individual
Or. Admin. R.
19-2011(Temp), f. & cert. ef. 7-1-11 thru 12-28-11; SPD 12-2011, f. &
cert. ef. 7-1-11; Reverted to SPD 12-2011, f. & cert. ef. 7-1-11; SPD
1-2012, f. & cert. ef. 1-6-12; APD 24-2014(Temp), f. & cert. ef. 7-1-14
42-2014, f. 12-26-14, cert. ef.
25-2016, f. & cert. ef.
6/29/2016; APD 40-2016(Temp), f.
& cert. ef. 10-24-16 thru 4-21-17; APD 42-2016(Temp), f. & cert. ef.
12-16-16 thru 4-27-17;
9-2017, f. 4-17-17, cert. ef.
4/22/2017; APD 32-2017, temporary amend filed
12/29/2017, effective 01/01/2018 through 06/29/2018;
20-2018, amend filed 07/02/2018, effective
44-2019, amend filed 10/29/2019, effective
11/1/2019; APD 15-2020, temporary
amend filed 04/30/2020, effective 04/30/2020 through 10/26/2020; APD 30-2020,
temporary amend filed 07/22/2020, effective 07/23/2020 through 10/26/2020;
43-2020, amend filed 10/09/2020, effective
37-2022, minor correction filed 07/22/2022, effective
Statutory/Other Authority: ORS
Statutes/Other Implemented: ORS