Or. Admin. R. 411-346-0190 - Standards and Practices for Care and Services
(1) A foster provider is responsible for
supervision and must:
(a) Provide structure
and daily activities designed to promote a child's physical, social,
intellectual, cultural, spiritual, and emotional development.
(b) Provide playthings and activities in the
child foster home, including games, recreational and educational materials, and
books, appropriate to a child's chronological age, culture, and developmental
level.
(c) In accordance with a
child's ISP and as defined in an ODHS-CW Case Plan (if applicable), encourage
the child to participate in age-appropriate and developmentally-appropriate
activities including, but not limited to, extracurricular, enrichment,
cultural, and social activities, and support the child's participation in such
activities with the child's family, friends, and on the child's own when
appropriate.
(d) Promote a child's
independence and self-sufficiency by encouraging and assisting the child to
develop new skills and perform age-appropriate tasks.
(e) In accordance with a child's ISP and as
defined in an ODHS-CW Case Plan (if applicable), ask the child to participate
in household chores appropriate to the child's age and ability that are
commensurate with household chores expected of the foster provider's
children.
(f) Provide a child with
reasonable access to a telephone and to writing materials.
(g) In accordance with a child's ISP and as
defined in an ODHS-CW Case Plan (if applicable), permit and encourage the child
to have visits with the child's family and friends.
(h) Allow a child regular contact and private
visits or phone calls with their CDDP services coordinator and ODHS-CW case
worker (if applicable).
(i) Not
allow a child in foster care to baby-sit in the child foster home or elsewhere
without the permission of their CDDP services coordinator and
guardian.
(j) When appropriate,
allow a child's parent or guardian to attend to their child in the foster home
when prior approval from the Department has been granted.
(A) The foster home provider must request
Department approval using the "Child Foster Home Parent/Guardian Attending to
Child Request for Approval" form.
(B) The CDDP managing the child's case must
submit the form to the Department for review.
(C) If Department approval is granted, the
foster provider shall continue to serve as the primary person responsible for
the child's supervision.
(2) RIGHTS OF A CHILD. The rights of a child
are described in OAR 411-318-0010.
(3) INDIVIDUALLY-BASED LIMITATIONS.
(a) A foster provider may not place any
limitations on a child's home and community-based freedoms described in OAR
411-004-0020 without an
individually-based limitation consistent with OAR
411-415-0070(3),
except when all of the following conditions have been met:
(A) The child is under the age of
18.
(B) The limitation is
consistent with community parenting standards for children of the same age who
do not experience disabilities.
(C)
The foster provider, child's parent or legal guardian, and the ISP team
identify and agree upon the limitation appropriate for the child.
(b) A foster provider may not
place limitations on a child's freedom from restraint, except in accordance
with the standards for developmental disabilities services set forth in OAR
chapter 411, the relevant Title XIX Medicaid-funding authority, or OAR
411-346-0195(2).
(c) Prior to implementation, an
individually-based limitation must be authorized and documented in the child's
ISP in accordance with OAR
411-415-0070.
(d) When an individually-based limitation is
implemented for a child, a foster provider is responsible for all of the
following:
(A) Maintaining a copy of the
completed and signed form documenting informed consent to the
individually-based limitation.
(B)
Regular collection and review of data to measure the ongoing effectiveness of,
and the continued need for, the individually-based limitation.
(C) Requesting a review of the
individually-based limitation when a change or removal of the
individually-based limitation is needed.
(4) RELIGIOUS, ETHNIC, AND CULTURAL HERITAGE.
(a) A foster provider must recognize,
respect, and support a child's race, spiritual beliefs, sexual orientation,
gender identity and gender expression, national origin, and cultural
identities, and provide opportunities to enhance the positive self-concept and
understanding of the child's heritage.
(b) In accordance with a child's ISP and the
preferences of their guardian, a foster provider must participate with the
child's ISP team to arrange transportation and appropriate supervision during
religious services or ethnic events for a child whose beliefs and practices are
different from those of the foster provider.
(c) A foster provider may not require a child
to participate in religious activities or ethnic events contrary to the child's
beliefs.
(5) PUBLIC
EDUCATION. A foster provider:
(a) Must enroll
each school-age child in public school within five school days of their
placement and arrange for the child's transportation to school.
(b) Must comply with any Alternative
Educational Plan described in a child's Individualized Education
Program.
(c) Must be actively
involved in a child's school program and must participate in the development of
the child's Individualized Education Program. A foster provider may apply to be
a child's educational surrogate if requested by the child's parent or
guardian.
(d) Must consult with
school personnel when there are issues with a child in school and report to the
child's guardian and CDDP services coordinator any serious situations that may
require Department involvement.
(e)
Must support a child in the child's school or educational placement.
(f) Must assure a child regularly attends
school or educational placement and monitor the child's educational
progress.
(g) May sign consent to
any of the following school-related activities:
(A) School field trips within
Oregon.
(B) Routine social
events.
(C) Sporting
events.
(D) Cultural
events.
(E) School pictures for
personal use only, unless prohibited by the court or a child's
guardian.
(h) Must
support the involvement of a child's parent (unless limited by court order) and
CDDP services coordinator in the child's public education decision-making
process.
(6) ALTERNATE
CAREGIVERS.
(a) A foster provider must arrange
for safe and responsible alternate care.
(b) A child care plan for a child in foster
care must be approved by the Department, the CDDP, or ODHS-CW, before the child
care plan may be implemented. When a child is cared for by a child care
provider or child care center, the child care provider or child care center
must be certified as required by the State Child Care Division (ORS
329A.280) or be a certified
foster provider.
(c) A foster
provider must have a Relief Care Plan approved by a certifying agency or the
Department when using alternate caregivers.
(d) A foster provider must assure alternate
caregivers, consultants, and volunteers meet the following requirements:
(A) 18 years of age or older.
(B) Capable of assuming foster care
responsibilities.
(C) Present in
the home.
(D) Physically and
mentally capable to perform the duties of the foster provider as described in
these rules.
(E) Cleared by a
background check as described in OAR
411-346-0150, including an
ODHS-CW background check.
(F) Able
to communicate with the child, agencies delivering services to the child, the
CDDP services coordinator, and appropriate others.
(G) Trained on fire safety and emergency
procedures.
(H) Trained on the
child's ISP, Positive Behavior Support Plan, and any related
protocols.
(I) Able to provide the
care needed for the child.
(J)
Trained on the required documentation for the child's health, safety, and
behavioral needs.
(K) A driver's
license and vehicle insurance in compliance with the laws of the Driver and
Motor Vehicle Services Division when transporting a child by motorized
vehicle.
(L) Not be a person who
requires care in a foster care or group home.
(M) Not be the child's parent or
guardian.
(N) Complete mandatory
reporter training prior to caring for a child.
(e) When a foster provider uses an alternate
caregiver and a child is staying at the alternate caregiver's home, the foster
provider must assure the alternate caregiver's home meets the child's necessary
health, safety, and environmental needs.
(f) When a foster provider arranges for a
child's social activities for less than 24 hours, including an overnight
arrangement, the foster provider must assure the person is responsible and
capable of assuming child care responsibilities and is present at all times.
The foster provider still maintains primary responsibility for the
child.
(7) FOOD AND
NUTRITION.
(a) A foster provider must offer
three nutritious meals daily at times consistent with those in the community.
(A) Daily meals must include food from the
four basic food groups, including fresh fruits and vegetables in season, unless
otherwise specified in writing by a health care provider.
(B) There must be no more than a 14-hour span
between the evening meal and breakfast, unless snacks and liquids are served as
supplements.
(C) Consideration must
be given to cultural and ethnic background in food preparation.
(b) A child must be permitted to
acquire, store, and access personal food in the child foster home in a manner
consistent with age-typical practices for children living in the community and
in accordance with the child's ISP.
(c) Any home canned food used must be
processed according to the guidelines of Oregon State University extension
services (http://extension.oregonstate.edu/fch/food-preservation).
(d) All food items must be used prior to
their expiration date.
(e) A foster
provider must implement special diets only as prescribed in writing by a health
care provider.
(f) A foster
provider must prepare and serve meals in the child foster home. Payment for
meals eaten away from the child foster home for the convenience of the foster
provider (for example, meals from a restaurant), is a foster provider's
responsibility.
(g) When serving
milk, a foster provider must only use pasteurized liquid or powdered milk for
consumption by a child in foster care.
(h) A child who must be bottle-fed and cannot
hold the bottle, or is 11 months or younger, must be held during
bottle-feeding.
(8)
CLOTHING AND PERSONAL BELONGINGS.
(a) A foster
provider must assure each child has their own clean, well-fitting, seasonal
clothing appropriate to, the child's individual needs.
(b) A foster provider must support a
school-age child's participation in selecting their own clothing that supports
the child's personal choice, style, and culture.
(c) A foster provider must allow a child to
bring and acquire appropriate personal belongings.
(d) A foster provider must assure when a
child leaves their child foster home, the child's belongings, including all
personal funds, medications, and personal items, remain with the child. This
includes all items brought with the child and obtained while living in the
child foster home.
(9)
BEHAVIOR SUPPORT PRACTICES.
(a) A foster
provider must teach and support a child with respect, kindness, and
understanding, using positive behavior theory and practice. Behavior support
practices must not include any of the following:
(A) Physical force, spanking, or threat of
physical force inflicted in any manner upon a child.
(B) Verbal abuse, including derogatory
remarks about a child or their family that undermine the child's
self-respect.
(C) Denial of food,
clothing, or shelter.
(D) Denial of
visits or contacts with family members, except when otherwise indicated in the
child's ISP or the ODHS-CW Case Plan (if applicable).
(E) Assignment of extremely strenuous
exercise or work.
(F) Threatened or
unauthorized use of safeguarding intervention.
(G) Use or threatened use of mechanical
restraints.
(H) Punishment for
bed-wetting or punishment related to toilet training.
(I) Delegating or permitting punishment of a
child by another child.
(J) Threat
of removal from the child foster home as a punishment
(K) Use of shower as punishment.
(L) Group punishment for misbehavior of one
child.
(M) Locking a child in a
room or area inside or outside of the child foster home.
(N) Involuntary seclusion or isolation of a
child from others.
(O) Punishing a
child by intentionally inflicting emotional or physical pain or
suffering.
(P) Use or threatened
use of a prone restraint.
(Q) Use
or threatened use of a supine restraint.
(R) Use of practices that are abusive,
aversive, coercive, disciplinary, demeaning, retaliatory, or for
convenience.
(S) Denying or
withholding the personal funds of a child.
(b) A foster provider must set clear
expectations, limits, and consequences of behavior in a non-punitive
manner.
(c) A foster provider may
use a time-out only for the purpose of giving a child a short break for the
child to regain control. If a foster provider uses time-out, all of the
following conditions apply:
(A) Use of
time-out must be approved by the child's ISP team and documented in their
ISP.
(B) Only common-use living
areas of the home are to be used for time-out.
(C) Time-out is to be used for short duration
and frequency as approved by the child's ISP team. The duration must be
appropriate to the child's chronological age, emotional condition, and
developmental level.
(d)
POSITIVE BEHAVIOR SUPPORT PLAN. For a child who has demonstrated a serious
threat to self, others, or property and for whom it has been decided a Positive
Behavior Support Plan is needed, the Positive Behavior Support Plan must be
developed by a behavior professional in accordance with OAR chapter 411,
division 304 with the approval of the child's ISP team.
(10) SAFEGUARDING INTERVENTIONS AND
SAFEGUARDING EQUIPMENT. For the purpose of this rule, a designated person is
the person implementing the behavior supports identified in a child's Positive
Behavior Support Plan.
(a) A safeguarding
intervention must meet the requirements of OAR
411-346-0195.
(b) A designated person must only use a
safeguarding intervention or safeguarding equipment according to OAR
411-346-0195.
(c) Prior to the use of a safeguarding
intervention or safeguarding equipment, a foster provider must have a copy of a
completed and signed form documenting informed consent for an
individually-based limitation in accordance with OAR
411-415-0070(3)
and section (3) of this rule.
(d)
Prior to using a safeguarding intervention or safeguarding equipment, a
designated person must be trained.
(A) For a
safeguarding intervention, the designated person must be trained in
intervention techniques using an ODDS-approved behavior intervention curriculum
and trained to the child's specific needs. Training must be conducted by a
person who is appropriately certified in an ODDS-approved behavior intervention
curriculum.
(B) For safeguarding
equipment, the designated person must be trained on the use of the identified
safeguarding equipment.
(e) A designated person must not use any
safeguarding intervention or safeguarding equipment not meeting the standards
set forth in this rule or OAR
411-346-0195 even when the use
is directed by the child or the child's parent, guardian, or representative,
regardless of the child's age.
(11) RESTRAINT. The use of a restraint must
meet the requirements in OAR
411-346-0195.
(12) MEDICAL AND DENTAL CARE. A foster
provider must:
(a) Provide care and services
as appropriate to a child's chronological age, developmental level, and
condition, and as identified in the child's ISP.
(b) Assure the orders of a health care
provider are implemented as written.
(c) Inform health care providers of a child's
current medications, changes in health status, and if the child refuses care,
treatments, or medications.
(d)
Inform the guardian and CDDP services coordinator of any changes in a child's
health status, except as otherwise indicated in the ODHS-CW Permanent Foster
Care contract agreement and as agreed upon in the child's ISP.
(e) Obtain the necessary medical, dental,
therapies, and other treatments of care including, but not limited to, all of
the following:
(A) Making
appointments.
(B) Arranging for or
providing transportation to appointments.
(C) Obtaining emergency medical
care.
(f) Have prior
consent from a child's guardian for medical treatment that is not routine,
including surgery and anesthesia, except in cases where an ODHS-CW Permanent
Foster Care contract agreement exists.
(g) Keep current medical records. The records
must include all of the following, when applicable:
(A) Any history of physical, emotional, and
medical problems, illnesses, and mental health status.
(B) Current orders for all medications,
treatments, therapies, use of safeguarding intervention, safeguarding
equipment, special diets, adaptive equipment, and any known food or medication
allergies.
(C) Completed medication
administration record (MAR) from previous months.
(D) Pertinent medical and behavioral
information, such as hospitalizations, accidents, immunization records,
including Hepatitis B status and previous TB tests, and incidents or injuries
affecting the child's health, safety, or emotional well-being.
(E) Documentation or other notations of
guardian consent for medical treatment that is not routine, including surgery
and anesthesia.
(F) Record of
medical appointments.
(G) Medical
appointment follow-up reports provided to the foster provider.
(H) Copies of previous mental health
assessments, assessment updates including multi-axial DSM diagnosis and
treatment recommendations, and progress records from mental health treatment
services.
(h) Provide,
when requested, copies of medical records and medication administration records
to the child's guardian, CDDP services coordinator, and ODHS-CW
caseworker.
(i) Provide copies, as
applicable, of the medical records described in subsection (g)(H) of this
section to a licensed health care provider prior to a medical appointment or no
later than the time of the appointment.
(j) Support the involvement of the child's
parent (unless limited by court order) and CDDP services coordinator in the
child's medical and dental care coordination.
(13) MEDICATIONS AND MEDICAL ORDERS.
(a) An authorization by a licensed health
care provider must be in a child's file prior to the usage of, or
implementation of, any of the following:
(A)
All prescription medications.
(B)
Nonprescription medications except over the counter topicals.
(C) Treatments other than basic first
aid.
(D) Therapies and use of
safeguarding equipment as a health and safety related protection.
(E) Modified or special diets.
(F) Prescribed adaptive equipment.
(G) Aids to physical functioning.
(b) A foster provider must have
any of the following:
(A) A copy of the
authorization in the format of a written order signed by a licensed health care
provider.
(B) Documentation of a
telephone order by a licensed health care provider with changes clearly
documented on the MAR, including the name of the person giving the order, the
date and time, and the name of the person receiving the telephone
order.
(C) A current prescription
or label from the manufacturer as specified by the order of a licensed health
care provider on file with the pharmacy.
(c) A foster provider or alternate caregiver
must carry out orders as prescribed by a licensed health care provider. Changes
may not be made without the authorization of a licensed health care
provider.
(d) Each medication for a
child, including refrigerated medication, must be clearly labeled with the
label of the pharmacist or in the originally labeled container from the
manufacturer and kept in a locked location or stored in a manner that prevents
access by children.
(e) Unused,
outdated, or recalled medications may not be kept in the child foster home and
must be disposed of in a manner that prevents illegal diversion into the
possession of people other than for which the medication was
prescribed.
(f) A foster provider
must keep a MAR for each child. The MAR must be kept for all medications
administered by the foster provider or alternate caregiver to that child,
including over the counter medications and medications ordered by licensed
health care providers and administered as needed (PRN) for the child.
(g) The MAR must include all of the
following:
(A) The name of the child in foster
care.
(B) A transcription of the
written order of the licensed health care provider, including the brand or
generic name of the medication, prescribed dosage, frequency, and method of
administration.
(C) A transcription
of the printed instructions from the package for topical medications and
treatments without an order from a licensed health care provider.
(D) Times and dates of administration or
self-administration of the medication.
(E) Signature of the person administering the
medication or the person monitoring the self-administration of the
medication.
(F) Method of
administration.
(G) An explanation
of why a PRN medication was administered.
(H) Documented effectiveness of any PRN
medication administration.
(I) An
explanation of all medication administration or documentation
irregularities.
(J) Any known
allergy or adverse drug reactions and procedures that maintain and protect the
child's physical health.
(h) Any errors in the MAR must be corrected
by circling the error and then writing on the back of the MAR what the error
was and why.
(i) Treatments,
medication, therapies, and special diets must be documented on the MAR when not
used or applied according to the order of licensed health care
provider.
(j) SELF-ADMINISTRATION
OF MEDICATION. For any child who is self-administering medication, a foster
provider must:
(A) Have documentation that a
training program was initiated with approval of the child's ISP team or that
training for the child was unnecessary;
(B) Have a training program that provides for
retraining when there is a change in dosage, medication, and time of
delivery;
(C) Provide for an annual
review, at least as part of the ISP process, upon completion of the training
program;
(D) Assure the child is
able to handle the child's own medication regime;
(E) Keep medications stored in a locked area
inaccessible to others; and
(F)
Maintain written documentation of all training in the child's medical
record.
(k) A foster
provider may not use alternative medications intended to alter or affect mood
or behavior, such as herbals or homeopathic remedies, without direction and
supervision of a licensed health care provider.
(l) Any medication used with the intent to
alter a child's behavior must be documented in the child's ISP.
(m) BALANCING TEST. When a psychotropic
medication is first prescribed and annually thereafter, a foster provider must
obtain a signed balancing test from the prescribing health care provider using
the Balancing Test Form (form 4110). A foster provider must present the
licensed health care provider with a full and clear description of the behavior
and symptoms to be addressed as well as any side effects observed.
(n) PRN prescribed psychotropic medication is
prohibited.
(o) A mental health
assessment by a qualified mental health professional or licensed medical
practitioner must be completed, except as noted in subparagraph (A) of this
subsection, prior to the administration of a new medication for more than one
psychotropic or any antipsychotic medication to a child in foster care.
(A) A mental health assessment is not
required in any of the following situations:
(i) In a case of urgent medical
need.
(ii) For a substitution of a
current medication within the same class.
(iii) A medication order given prior to a
medical procedure.
(B)
When a mental health assessment is required, a foster provider:
(i) Must notify the ODHS-CW caseworker when a
child is in legal custody of ODHS-CW; or
(ii) Must arrange for a mental health
assessment when a child is a voluntary care placement.
(C) The mental health assessment:
(i) Must have been completed within three
months prior to the prescription; or
(ii) May be an update of a prior mental
health assessment that focuses on a new or acute problem.
(D) Whenever possible, information from the
mental health assessment must be communicated to the licensed health care
provider prior to the issuance of a prescription for psychotropic
medication.
(p) Within
one business day after receiving a new prescription or knowledge of a new
prescription for psychotropic medication for a child in foster care, a foster
provider must notify:
(A) The CDDP services
coordinator; and
(B) The child's
parent when the parent retains legal guardianship or the child's guardian;
or
(C) ODHS-CW when ODHS-CW is the
child's guardian.
(q) A
foster provider's notification to a child's parent or guardian and their CDDP
services coordinator must contain all of the following:
(A) Name of the prescribing licensed health
care provider.
(B) Name of the
medication.
(C) Dosage, any change
of dosage, suspension, or discontinuation of the current psychotropic
medication.
(D) Dosage
administration schedule prescribed.
(E) Reason the medication was
prescribed.
(r) A foster
provider must get a written informed consent prior to filling a prescription
for any new psychotropic medication except in a case of urgent medical need
from ODHS-CW when ODHS-CW is a child's guardian.
(s) A foster provider must cooperate as
requested when a review of psychotropic medications is indicated.
(14) NURSING SERVICES. When
nursing services are provided to a child, a foster provider must:
(a) Coordinate with a registered nurse and
the child's ISP team to ensure the nursing services being delivered are
sufficient to meet the child's health needs; and
(b) Implement the child's Nursing Service
Plan, or appropriate portions therein, as agreed upon by the ISP team and the
registered nurse.
(15)
COMMUNITY NURSING SERVICES.
(a) Community
nursing services include all of the following:
(A) Nursing assessments, including medication
reviews.
(B) Care
coordination.
(C)
Monitoring.
(D) Development of a
Nursing Service Plan.
(E)
Delegation and training of nursing tasks to a foster provider or alternate
caregiver.
(F) Teaching and
education of a foster provider and identifying supports that minimize health
risks while promoting a child's autonomy and self-management of
healthcare.
(G) Collateral contact
with a CDDP services coordinator regarding the community health status of a
child to assist in monitoring safety and well-being and to address needed
changes to the child's ISP.
(b) Community nursing services exclude direct
nursing services.
(c) When
Department funds are used for community nursing services, prior authorization
for community nursing services must be in accordance with OAR
411-048-0180.
(d) After an initial nursing assessment, a
nursing reassessment must be completed every six months or sooner if a change
in medical condition requires an update to a Nursing Service Plan.
(e) When community nursing services are
provided to a child, a foster provider must:
(A) Coordinate with a registered nurse and
the child's ISP team to ensure the nursing services being delivered are
sufficient to meet the child's health needs; and
(B) Implement the Nursing Service Plan, or
appropriate portions therein, as agreed upon by the child's ISP team and
registered nurse.
(f) A
registered nurse providing community nursing services must:
(A) Be enrolled in the Long Term Care
Community Nursing Program as described in OAR chapter 411, division
048;
(B) Meet the qualifications
described in OAR 411-048-0210; and
(C) Submit a resume to the CDDP indicating
the education, skills, and abilities necessary to provide nursing services in
accordance with Oregon law, including at least one year of experience with
individuals with intellectual or developmental disabilities.
(g) A registered nurse providing
community nursing services must comply with:
(A) Provider record and documentation
requirements referenced in OAR
407-120-0100 through
407-120-1505 for financial,
clinical, and other records including the Provider Enrollment Agreement and
electronic billing procedures;
(B)
Department direct contracts (if applicable); and
(C) Service record requirements outlined in
this rule.
(16) PRIVATE DUTY NURSING. As defined in OAR
chapter 410, division 132 and the Medicaid State Plan, a child or young adult
aged 0 through 20 that resides in a child foster home may receive private duty
nursing services in accordance with OAR
411-300-0150.
(a) When private duty nursing services are
provided, a foster provider must:
(A)
Coordinate with a registered nurse and a child's ISP team to ensure the nursing
services being provided are sufficient to meet the child's health needs;
and
(B) Implement the Nursing
Service Plan, or appropriate portions therein, as agreed upon by the ISP team
and registered nurse.
(b) A nurse providing private duty nursing
services must be an enrolled Medicaid Provider as described in OAR
410-132-0200.
(17) DELEGATION AND SUPERVISION OF
NURSING TASKS. Nursing tasks must be delegated by a registered nurse to a
foster provider or alternate caregiver in accordance with the rules of the
Oregon State Board of Nursing in OAR chapter 851, division 047.
(18) CHILD RECORDS.
(a) GENERAL INFORMATION OR SUMMARY RECORD. A
foster provider must maintain a record for each child receiving foster care
services in their child foster home. The record must include all of the
following:
(A) Child's name, date of entry
into the child foster home, date of birth, gender, religious preference, and
guardianship status.
(B) Names,
addresses, and telephone numbers of the child's guardian, family, or other
significant person.
(C) Name,
address, and telephone number of the child's preferred primary health care
provider, designated back up health care provider and clinic, dentist,
preferred hospital, medical card number and any private insurance information,
and Oregon Health Plan choice.
(D)
Name, address, and telephone number of the child's school program.
(E) Name, address, and telephone number of
the child's CDDP services coordinator and representatives of other agencies
providing services to the child.
(b) EMERGENCY INFORMATION. A foster provider
must maintain emergency information for each child receiving foster care
services in their child foster home. The emergency information must be kept
current and must include all of the following:
(A) The child's name.
(B) The child's address and telephone
number.
(C) The child's physical
description, which may include a picture and the date it was taken, and
identification of the following:
(i) Race,
gender, height, weight range, and color of hair and eyes.
(ii) Any other identifying characteristics
that may assist in identifying the child if the need arises, such as marks or
scars, tattoos, or body piercing.
(D) Information on the child's abilities and
characteristics including, but not limited to, the following:
(i) How the child communicates.
(ii) The language the child uses or
understands.
(iii) The child's
ability to know how to take care of bodily functions.
(iv) Any additional information that may
assist a person not familiar with the child to understand what the child may do
for himself or herself.
(E) The child's health support needs
including, but not limited to the following:
(i) Diagnosis.
(ii) Allergies or adverse drug
reactions.
(iii) Health issues that
a person needs to know when taking care of the child.
(iv) Special dietary or nutritional needs,
such as requirements around textures or consistency of foods and
fluids.
(v) Food or fluid
limitations due to allergies, diagnosis, or medications the child is taking
that may be an aspiration risk or other risk.
(vi) Additional special requirements the
child has related to eating or drinking, such as special positional needs or a
specific way foods or fluids are given to the child.
(vii) Physical limitations that may affect
the child's ability to communicate, respond to instructions, or follow
directions.
(viii) Specialized
equipment needed for mobility, positioning, or other health-related
needs.
(ix) The child's emotional
and behavioral support needs including, but not limited to, the following:
(I) Mental health or behavioral diagnosis and
the behaviors displayed by the child.
(II) Approaches to use when supporting the
child to minimize emotional and physical outbursts.
(x) Any court ordered or guardian authorized
contacts or limitations.
(xi) The
child's supervision requirements and why.
(xii) Any additional pertinent information
the foster provider has that may assist in the child's care and support if a
natural or man-made disaster occurs.
(c) EMERGENCY PLANNING. A foster provider
must post emergency telephone numbers in close proximity to all phones used by
the foster provider or alternate caregivers. The posted emergency telephone
numbers must include, but not be limited to, all of the following:
(A) Telephone numbers of the local fire,
police department, and ambulance service if not served by 911 emergency
services.
(B) The telephone number
of any emergency health care providers and additional people to be contacted in
the case of an emergency.
(d) WRITTEN EMERGENCY PLAN. A foster provider
must:
(A) Develop, maintain, update, and
implement a written Emergency Plan for the protection of all children in foster
care in the event of an emergency or disaster. The Emergency Plan must:
(i) Be practiced at least annually. The
Emergency Plan practice may consist of a walk-through of the responsibilities
of the foster provider and alternative caregiver.
(ii) Consider a child's needs and address all
natural and human-caused events identified as a significant risk for the child
foster home, such as a pandemic or an earthquake.
(iii) Include provisions and sufficient
supplies, such as sanitation and food supplies, to shelter in place when unable
to relocate for at least three calendar days under the following conditions:
(I) Extended utility outage.
(II) No running water.
(III) Inability to replace food
supplies.
(IV) An alternate
caregiver is unable to provide relief care or additional support and
care.
(iv) Include
provisions for evacuation and relocation that identifies all of the following:
(I) The duties during evacuation,
transporting, and housing of a child, including instructions to notify the
child's parent or guardian, the Department or the Department's designee, the
CDDP services coordinator, and ODHS-CW as applicable, of the plan to evacuate
or the evacuation of the child foster home as soon as the emergency or disaster
reasonably allows.
(II) The method
and source of transportation.
(III)
Planned relocation sites that are reasonably anticipated to meet a child's
needs.
(IV) A method that provides
people unknown to the child the ability to identify each child by name and to
identify the name of the child's supporting provider.
(V) A method for tracking and reporting to
the Department or the Department's designee and the local CDDP, the physical
location of each child in foster care until a different entity resumes
responsibility for the child.
(v) Address a child's needs including
provisions for all of the following:
(I)
Immediate and continued access to medical treatment, information necessary to
obtain care, treatment, food, and fluids for the child during and after an
evacuation and relocation.
(II)
Continued access to life-sustaining pharmaceuticals, medical supplies, and
equipment during and after an evacuation and relocation.
(III) Behavior support needs anticipated
during an emergency.
(IV) The
supports needed to meet a child's life-sustaining and safety needs.
(B) Provide and
document all training to alternate caregivers regarding the alternate
caregiver's responsibilities for implementing the Emergency Plan.
(C) Re-evaluate and revise the Emergency Plan
at least annually or when there is a significant change in the child foster
home.
(D) Complete the Emergency
Plan Summary, on the form supplied by the Department, and send the Emergency
Plan Summary to the Department annually and upon change of foster provider or
location of the child foster home.
(e) INDIVIDUAL SUPPORT PLAN (ISP). Within 60
calendar days of placement, the ISP for a child must be prepared and updated at
least annually.
(A) If requested by a child or
the child's guardian, a foster provider must participate with an ISP team in
the development and implementation of the child's ISP to address the child's
behavior, medical, social, financial, safety, and other support
needs.
(B) Prior to, or upon entry
to, or exit from a child foster home, a foster provider must participate in the
development and implementation of a Transition Plan for the child.
(i) The Transition Plan must include a
summary of the services necessary to facilitate a child's adjustment to the
child foster home or after care plan; and
(ii) Identify the supports necessary to
ensure the child's health, safety, and any assessments and consultations needed
for ISP development.
(f) FINANCIAL RECORDS.
(A) A foster provider must maintain a
separate financial record for each child in foster care. Errors must be
corrected with a single strike through and initialed by the person making the
correction. The child's financial record must include all of the following:
(i) Date, amount, and source of all income
received on the child's behalf.
(ii) Room and board fee paid to the foster
provider at the beginning of each month.
(iii) Date, amount, and purpose of funds
disbursed on the child's behalf.
(iv) Signature of the person making the
entry.
(B) Any single
transaction more than $25 purchased with a child's personal funds, unless
otherwise indicated in the child's ISP, must be documented in the child's
financial record and include the receipt.
(C) A child's ISP team may address how the
personal spending money of a child is managed.
(D) If a child has a separate commercial bank
account, records from the account must be maintained with the child's financial
record.
(E) A child's personal
funds must be maintained in a safe manner and separate from the funds of other
members of the household.
(F)
Misuse of funds may be cause for suspension, revocation, or denial of renewal
of a certificate.
(g)
PERSONAL PROPERTY RECORD.
(A) A foster
provider must maintain a written record of a child's property with a monetary
value of more than $25 or that has significant personal value to the child,
parent, or guardian, or as determined by the ISP team. Errors must be corrected
with a single strike through and initialed by the person making the
correction.
(B) Personal property
records are not required for a child who has a court approved ODHS-CW Permanent
Foster Care contract agreement, unless requested by the child's
guardian.
(C) The personal property
record must include all of the following:
(i)
A description and identifying number, if any.
(ii) The date the personal property was
brought into the child foster home or purchased.
(iii) The date and reason for the removal of
a child's personal property from the record.
(iv) The signature of the person making the
entry.
(h)
EDUCATIONAL RECORDS. A foster provider must maintain the following educational
records when available:
(A) A child's report
cards.
(B) Any reports received
from a child's teacher or the school.
(C) Any evaluations received as a result of
educational testing or assessment.
(D) A child's disciplinary reports.
(i) Child records must be
available to representatives of the Department, the certifying agency, and
ODHS-CW conducting inspections or investigations, as well as to the child, if
appropriate, and the child's guardian or other legally authorized
people.
(j) Child records must be
kept for a period of three years. If a child moves or the child foster home
closes, copies of pertinent information must be transferred to the new home of
the child.
(19)
COVID-19. A foster provider must implement all directives related to a child
foster home to reduce the spread of the Coronavirus (COVID-19) issued by any of
the following:
(a) Governor's Executive
Order.
(b) Written instruction to
the foster provider from the Local Public Health Authority or the Oregon Health
Authority Public Health Division.
(c) Written guidance directed at the foster
provider through Department policy.
Notes
Statutory/Other Authority: ORS 409.050, 427.104, 430.662 & 443.835
Statutes/Other Implemented: ORS 409.010, 418.519-418.523, 427.007, 427.101, 427.104, 430.215, 430.610, 430.662 & 443.830-443.836
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