Or. Admin. Code § 411-348-0300 - Rights, Complaints, Notification of Planned Action, and Hearings
(1) INDIVIDUAL
RIGHTS.
(a) A program provider and
in-residence caregiver must protect the rights of children described in OAR
411-318-0010 and encourage and
assist children and the child's parent or guardian to understand and exercise
these rights.
(b) Upon entry and
request and annually thereafter, the individual child rights described in OAR
411-318-0010 must be provided to
a child and the child's parent or guardian.
(c) The individual rights apply to all
children eligible for or receiving developmental disabilities services. A
parent or guardian may place reasonable limitations on the rights of a
child.
(d) The child and their
parent or guardian must be notified annually, in accordance with the ISP, of
the services available from the Residential Facilities Ombudsman.
(2) COMPLAINTS.
(a) Complaints by or on behalf of children
must be addressed in accordance with OAR
411-318-0015.
(b) Upon entry and request and annually
thereafter, the policy and procedures for complaints must be explained and
provided to a child and the child's parent or guardian.
(3) NOTIFICATION OF PLANNED ACTION. In the
event a developmental disabilities service is denied, reduced, suspended, or
terminated, a written advance Notification of Planned Action on a
Department-approved form must be provided as described in OAR
411-318-0020.
(4) HEARINGS.
(a) Hearings must be addressed in accordance
with ORS chapter 183 and OAR
411-318-0025.
(b) A child's parent or guardian may request
a hearing as provided in ORS chapter 183 and OAR
411-318-0025 for a denial,
reduction, suspension, or termination or OAR
411-318-0030 for an involuntary
reduction, transfer, or exit.
(c)
Upon entry and request and annually thereafter, a notice of hearing rights and
the policy and procedures for hearings must be explained and provided to a
child and the child's parent or guardian.
Notes
Statutory/Other Authority: ORS 409.050, 427.104, 441.715, 443.450 & 443.455
Statutes/Other Implemented: ORS 427.104, 441.705-441.720, 441.740, 441.745, 443.384, 443.392, 443.400-443.445, 443.450, 443.455, 443.880, 443.881 & 443.991
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