Or. Admin. R. 416-530-0070 - Standards for the Foster Home

(1) General.

(a) Schools, recreation, churches, medical care, and community facilities must be accessible from the foster home. The foster home and its premises must be comparable in appearance to other homes in the community in which it is located.

(b) If care is to be provided to one or more developmentally disabled or physically impaired youth offenders, OYA must consult with the relevant professionals to identify necessary accommodations to the foster home and ask the foster parent to implement the necessary accommodations prior to placement.

(A) OYA will coordinate the accommodations to the foster home.

(B) If the foster parent refuses to make the necessary accommodations, the youth offender will not be placed into the foster home.

(c) Foster homes must have a working telephone with service. Foster parents must secure an alternative phone service within 24 hours of any disruption of existing phone service and communicate the new telephone number to the Foster Home Certifier.

(2) Kitchen.

(a) Foster homes must have the equipment necessary for the safe preparation, storage, serving and cleanup of meals.

(b) Foster parents must ensure that all cooking and refrigeration equipment is sanitary and in working condition.

(c) Foster parents must ensure that meals are prepared and served in a safe and sanitary manner minimizing the possibility of food poisoning or food contamination.

(3) Living areas

(a) The foster home must have sufficient living or family room space that is comfortably furnished and accessible to all members of the household, including youth offenders.

(b) Foster homes must be well-heated and well-ventilated.

(4) Bedrooms.

(a) Bedrooms occupied by youth offenders must:

(A) Be safe and have adequate living space for each youth offender;

(B) Have windows that open and provide sufficient natural light and ventilation;

(C) Have a bed for each youth offender, with clean bed linens, blankets (as appropriate to the season), and pillows; and

(D) Have a functioning smoke alarms and carbon monoxide detectors, as prescribed in the OYA Safety Requirements Checklist.

(b) Youth offender(s) age 18 or older may not share a bedroom with a youth offender under age 18 without the prior approval of the OYA Community Resources Manager.

(c) Children of foster parents are prohibited from sharing a bedroom with a youth offender.

(d) The Foster Home Certifier must determine the maximum number of youth offenders allowed to occupy each bedroom based on room size and the availability of adequate personal space for each youth offender. Placement of more than the determined maximum number of youth offenders allowed to occupy each bedroom is prohibited.

(e) Each youth offender must be provided with adequate storage space in or near the bedroom he or she occupies for personal belongings and a designated space for hanging clothes.

(f) Foster parents must allow flexibility in the decoration of sleeping areas to accommodate the personal tastes and expressions of the youth offenders in care.

(g) Youth offender bedroom doors must not have locks.

(h) Youth offenders with a history of inappropriate sexual behavior or adjudicated for a sexual offense must occupy a bedroom either individually, or in a group of three youth offenders with histories of inappropriate sexual behavior or adjudicated for a sexual offense. The assignment of two youth offenders with histories of inappropriate sexual behavior or adjudicated for a sexual offense to one bedroom must be authorized by the OYA Community Resources Manager, in consultation with OYA Community Services staff.

(i) Bedrooms occupied by youth offenders that are located in basements or above the ground floor must have safe and direct emergency exits to the ground.

(5) Domestic animals.

(a) Foster parents must restrict access to potentially dangerous animals.

(b) Only domestic animals allowed by local ordinances may be kept as pets.

(c) Domestic animals must be properly cared for, supervised, and otherwise maintained in compliance with local ordinances.

(d) Rabies vaccination for pets must be kept current as required by law. Foster parents must provide proof of rabies vaccination to OYA upon request.

(6) Deadly weapons.

(a) Foster parents must immediately notify the Foster Home Certifier anytime a deadly weapon is brought to the foster home.

(b) Deadly weapons must be stored in a locked compartment behind a locked door that prohibits access and is not visible to youth offenders.

(c) Firearms.

(A) Any foster parent or member of the household who possesses a concealed weapon permit must:

(i) Give OYA a copy of the permit; and

(ii) Give OYA a written plan regarding how the foster parent or member of the household will keep concealed weapons secure from youth offenders.

(B) Firearms must remain unloaded and stored in a locked gun safe or behind double locks that prohibit access and visibility to youth offenders. For purposes of this rule, a double lock may be a locked compartment within a locked room. Ammunition must be stored in a separate locked compartment, separate from any firearm. Trigger locks and glass front display cabinets are not adequate.

(C) Except for law enforcement personnel, no person in any vehicle transporting a youth offender may carry a firearm.

(7) Safety.

(a) Swimming pools and hot tubs must be maintained in a safe and clean condition, and must comply with local safety regulations and ordinances.

(b) Any safety hazard identified by OYA staff or a qualified trade service provider must immediately be remedied by the foster parent.

(c) An emergency access must be available to any room that has a lock.

(d) Stairways must be equipped with handrails.

(e) All hazardous chemicals, cleaning materials, solvents and combustibles must be stored in locked storage sufficient to prevent unauthorized access.

(f) In addition to section (4)(a)(D) of this rule:

(A) At least one functioning smoke alarm must be placed on each floor of the foster home;

(B) At least one carbon monoxide detector must be placed within 15 feet of a youth offender's bedroom; and

(C) At least one carbon monoxide detector must be placed on each floor of the foster home.

(g) At least one unexpired and operable class 2-A-10BC or higher rated fire extinguisher must be available and maintained on each floor in each foster home.

(h) Outdoor tools and equipment and machinery must be stored in a manner sufficient to prevent unauthorized access.

(i) A written home evacuation plan must be available to all youth offenders.

(A) Foster parents must practice the evacuation plan with each youth offender at the time of placement and at least once a year to ensure all youth offenders understand the procedures.

(B) The evacuation plan, including evacuation diagram, must be readily accessible and posted in a clearly visible and conspicuous location.

(j) The use of space heaters are limited to electric space heaters equipped with tip-over protection, or propane space heaters equipped with approved venting. No extension cords may be used with such heaters or in place of permanent wiring. Kerosene space heaters are not allowed.

(k) Foster homes must have two unrestricted emergency exits in case of fire.

(A) A sliding door or window that can be used to evacuate youth offenders may be considered a usable emergency exit.

(B) Barred windows used as possible emergency exit in case of fire must be fitted with operable quick release mechanisms.

(8) Sanitation and health.

(a) The foster home must be kept clean and free of hazards to the health and physical well-being of the family. All areas of the foster home must meet sanitation criteria as described in OYA Cleanliness Standards.

(b) Measures must be taken to keep the house and premises free of vermin.

(c) First aid supplies must be stored in an easily accessible place.

(d) A continuous supply of safe, clean drinking water must be available.

(A) Private water sources and septic tank systems must be kept safe and functioning properly.

(B) Private water sources must be tested and approved by an appropriate official upon OYA request.

(e) Only pasteurized milk, juices, or powdered milk may be used for youth offender consumption.

(f) All plumbing must be kept in working order, and an adequate supply of hot water for bathing and dish washing must be available.

(g) Water heaters must be accessible for inspection and equipped with a safety release valve and an overflow pipe that directs water to the floor or to another approved location.

(h) The foster home must have a minimum of one flush toilet, one washbasin with running water, and one bath or shower with hot and cold water.

(i) Pending weekly removal, garbage and refuse must be stored appropriately, with no accumulation of garbage, debris, or rubbish that emits offensive odors.

(j) Youth offenders in the foster home may not be subjected to second-hand smoke, or vapor.

(9) Transportation safety.

(a) All vehicles used to transport youth offenders must have, at a minimum, liability insurance coverage in accordance with Oregon law.

(b) Foster parents and other members of the household who transport youth offenders must be licensed and insured drivers, and 21 years of age or older.

(c) At least one foster parent must possess a valid license to drive, or demonstrate options for safe and accessible transportation.

(d) The driver must ensure that all passengers use seat belts during the transport.

(e) Youth offenders may not operate a vehicle owned by a foster parent, member of the household, or volunteer if the vehicle requires a state license to be operated on public roads.

(f) Youth offenders may engage in driver's education provided by public school or driver training delivered by a licensed provider in accordance with the youth offender's case plan.

Notes

Or. Admin. R. 416-530-0070

OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 15-2004, f. & cert. ef 11-12-04; OYA 2-2007, f. & cert. ef. 7-13-07; OYA 1-2009, f. & cert. ef. 2-2-09; OYA 1-2014, f. & cert. ef. 1-15-14; OYA 1-2016, f. & cert. ef. 3/2/2016

Stat. Auth.: ORS 420A.025

Stats. Implemented: ORS 420.888 - 420.892