Or. Admin. Code § 411-323-0050 - Agency Management and Personnel Practices
(1) NON-DISCRIMINATION. An agency's personnel
policies and practices must comply with all applicable state and federal
statutes, rules, regulations, and Department policy regarding
non-discrimination.
(2) ABUSE
REPORTING.
(a) An agency must notify each
mandatory reporter of abuse reporting requirements at least annually on the
applicable Department form.
(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.
(d)
NON-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
retaliation.
(A) An agency, provider, or
person that retaliates against a person because of a report of suspected abuse
is liable under ORS 430.755 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 law.
(B) Any adverse action is evidence of
retaliation if taken within 90 calendar days of a report of abuse.
(C) 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 following:
(i) Discharge or transfer from the agency,
except for clinical reasons.
(ii)
Discharge from, suspension, or termination of, employment.
(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 agency.
(3) APPLICATION FOR EMPLOYMENT. An agency
must use an application for employment that inquires whether an applicant has
had a founded report of child abuse or substantiated adult abuse..
(4) BACKGROUND CHECKS - NON-DEPARTMENT
PROVIDER AGENCY. This section applies to a subject individual, as defined in
OAR 407-007-0210, employed or
contracted by an agency to provide program services.
(a) A background check must be approved for
each subject individual in accordance with the following:
(C) ORS
181A.200; and
(D) ORS
409.027.
(b) 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
443.004, unless the subject
individual remains in the position the subject individual held prior to July
28, 2009.
(e) A subject individual
must notify the Department, or the designee of the Department, within 24 hours
of any potentially disqualifying crime under OAR
407-007-0281 or potentially
disqualifying condition under OAR
407-007-0290.
(5) 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
443.400 or a residential
training home as defined in ORS
443.400.
(a) A background check must be approved for
each subject individual in accordance with the following:
(C) ORS
181A.200; and
(D) ORS
409.027.
(b) The Department shall perform a background
check on all subject individuals at least every two years.
(c) As of January 1, 2018, the Department may
not use public funds to support a subject individual ineligible under OAR
407-007-0445.
(6) EXECUTIVE DIRECTOR
QUALIFICATIONS. An agency must be operated under the supervision of an
executive director. After October 1, 2023, a newly named executive director
must have a minimum of a bachelor's degree in a related field and two years of
experience in the field of intellectual or developmental disabilities,
including at least one year providing supervision.
(a) Four years of experience in developmental
disabilities services in Oregon may substitute for a bachelor's
degree.
(b) Six years of experience
in a related field may substitute for a degree. For the purposes of this
subsection a related field is psychology, sociology, human services, education,
or social work.
(c) For the
purposes of this section, supervision is having authority in the interest of
the employer to hire, transfer, suspend, lay off, recall, promote, discharge,
assign, reward, or discipline other employees, or responsibility to direct
them, or to adjust their grievances, or effectively to recommend such action,
if in connection therewith, the exercise of the authority is not of a merely
routine or clerical nature but requires the use of independent judgment.
Supervision solely of family members does not satisfy this
requirement.
(7)
EXECUTIVE DIRECTOR RESPONSIBILITES. The executive director is responsible for:
(a) Coordinating and directing the overall
daily operations of the agency.
(b)
Assuring a timely response from the agency to communication from the Department
regarding the agency.
(c) Ensuring
implementation of operational and administrative policies and
procedures.
(d) Oversight of the
fiscal budget and oversight of fiscal staff or management.
(e) Maintaining a high level of ongoing
communication with individuals and families and being consistently responsive
to questions from employees.
(f)
Directing the hiring, training, and evaluation of all personnel.
(8) GENERAL STAFF QUALIFICATIONS.
A staff member delivering services to an individual must meet the following
criteria:
(a) Be at least 18 years of
age.
(b) 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.
(g) Be
able to communicate with individuals, health care providers, case managers, and
appropriate others.
(h) Be able to
respond to emergency situations at all times services are being
delivered.
(i) Be certified in CPR
and First Aid by a recognized training agency within 90 calendar days of
employment.
(j) Receive 12 hours of
job-related in-service training annually.
(k) Receive training on support documents,
when a support document is present, for every individual the staff member will
support. Training must occur before working unsupervised with an individual who
has a support document. A staff member is supervised only when a person who has
received training on the support document is in the same building or within
line of sight and hearing of the untrained staff member.
(l) Have clear job responsibilities as
described in a current signed and dated job description.
(m) If transporting individuals, have a valid
driver's license in compliance with the laws of the Department of Motor
Vehicles.
(n) Additional
qualifications required by applicable program rules for the staff of an agency
engaging in the delivery of the program service.
(9) 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:
(a) Written
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
rule.
(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 in compliance
with the laws of the Department of Motor Vehicles.
(10) An agency must implement all directives
related to staffing and operation of the agency during a public health
emergency or declared state of emergency issued by any of the following:
(a) Governor's Executive Order.
(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.
Notes
Statutory/Other Authority: ORS 409.050, 427.104, 430.662, 443.007 & SB 1548 (2022 OR Law, Ch. 91)
Statutes/Other Implemented: ORS 409.010, 427.007, 427.104, 430.215, 430.610, 430.662, 443.007 & SB 1548 (2022 OR Law, Ch. 91)
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