Or. Admin. R. 423-150-0010 - Extended Detention Program Plans
(1) As used in this
rule:
(a) "Extended detention program" means a
program offering services and activities that support one or more therapeutic
goals for juveniles ordered by a court to be detained for a period of detention
exceeding eight days pursuant to ORS
419C.453.
(b) "Extended detention program plan" means a
written rationale for an extended detention program and an explanation of how a
county will deliver the program in conformance with the minimum standards set
forth in this rule.
(c) "Facility"
means a detention facility as defined in ORS
419A.004.
(d) "Juvenile" means a person over whom the
juvenile court has jurisdiction under ORS
419C.005 and who is
eligible to be detained pursuant to ORS
419C.453.
(e) "Juvenile court" means a court having
jurisdiction over cases under ORS 419A, 419B and 419C.
(f) "Supervising authority" means an agency or
department in the county where a juvenile's case is adjudicated, or an agency or
department in the county to which a juvenile's case is transferred.
(g) "Therapeutic" means rehabilitative and
calculated to enhance well-being through treatment and training.
(2) A supervising authority ordered
by a court to detain a juvenile for a period of detention exceeding eight days
pursuant to ORS
419C.453
must detain the juvenile in accordance with an extended detention program plan
approved by the Youth Development Council.
(3) An extended detention program plan must be
submitted to the council in a form and manner prescribed by the Youth Development
Division.
(4) An extended detention
program plan must include:
(a) The written
policies and procedures of the program;
(b) A description of the type of behavior that
the program is intended to reform;
(c) The reason that the type of behavior that
the program is intended to reform requires detention;
(d) A description of the therapeutic goal or
goals of the program;
(e) The
criteria by which juveniles may be admitted to the program;
(f) A description of the services and
activities that the program will use to achieve the therapeutic goal or goals of
the program;
(g) A description of the
daily schedule for juveniles admitted to the program;
(h) A description of the staff positions
necessary to administer the program, including the number of staff, the
responsibilities of staff, and the required credentials , experience, and
training for staff;
(i) An
explanation of how the county will administer the program in conformance with any
guidelines developed under OAR 423-150-0005;
(j) Documentation that the program:
(A) Has been approved by both the governing
body of the county in which the supervising authority is located and the juvenile
court with jurisdiction over the county in which the supervising authority is
located;
(B) Is in compliance with
any applicable education standards established by the Oregon Department of
Education; and
(C) Is in compliance
with any applicable standards for juvenile detention facilities established by
the Oregon Department of Corrections; and
(k) Any other information that the division
determines is necessary to validate or substantiate the information described in
paragraphs (a) to (j) of this subsection.
(5) The council must approve or deny an
extended detention program plan within 120 days of receiving the plan. The
division must issue written notice of the council's decision within 30 days of
the council approving or denying the extended detention program plan. If the
council denies the extended detention program plan, the written notice must
include the reason or reasons for the denial.
(6)
(a) An
approved extended detention program plan must be renewed biennially on a form and
in a manner prescribed by the division.
(b) Except as provided in paragraph (d) of this
subsection, if the division determines that the approved extended detention
program plan has not significantly changed since the council approved the plan,
the division may renew the plan without the council reapproving the
plan.
(c) If the division determines
that the approved extended detention program plan has significantly changed since
the council approved the plan, the council must reapprove the plan using the
criteria set forth in subsection (4) of this rule.
(d) Every sixth year that an approved extended
detention program plan is submitted to the division for renewal, the council must
reapprove the plan using the criteria set forth in subsection (4) of this
rule.
(7)
(a) The division shall conduct an on-site visit
of each facility that a supervising authority proposes in an extended detention
program plan to use for an extended detention program before the council and the
department may approve the plan.
(b)
The division may conduct an on-site visit of each facility used for an extended
detention program.
(c) The council
and the department may use the findings of the division made pursuant to
conducting on-site visits under this subsection when deciding whether to approve
or renew an extended detention program plan under this rule.
Notes
Statutory/Other Authority: ORS 417.847
Statutes/Other Implemented: ORS 169.090(2) & ORS 419C.453
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