Or. Admin. Code § 416-530-0060 - Foster Parent Duties and Responsibilities
(1) Governance
(a) Foster parents must comply with the
standards of these rules and OYA procedures, including rules applicable to
applicants.
(b) Foster parents must
abide by the responsibilities described in the OYA Adjudicated Youth Foster
Home Agreement. This agreement must be signed at the time of initial
certification and annually, thereafter.
(c) Foster parents must provide care and
supervision in accordance with the adjudicated youth 's individual case
plan .
(d) Foster parents must not
leave adjudicated youth unsupervised in the foster home, except with prior
written approval by the adjudicated youth 's JPPO and Certifier specifying
circumstances and length of time the adjudicated youth may be
unsupervised.
(e) Foster parents
must allow OYA access to the home, adjudicated youth , and foster care records ,
for the purpose of ongoing compliance monitoring.
(f) If a foster parent receives information
that an adjudicated youth has been suspected or identified as a sex trafficking
victim, the foster parent must immediately report the information to the Oregon
Department of Human Services hotline, law enforcement, the Certifier, and the
adjudicated youth 's JPPO.
(2) Training
(a) An applicant must complete an
OYA-mandated pre-service training before the applicant is approved for
certification. The training must include topics on suicide prevention,
mandatory abuse reporting, understanding juvenile delinquency, and managing
adjudicated youth behavior.
(b)
Foster parents must have a valid CPR/First Aid certificate. CPR/First Aid
courses count toward the annual minimum training requirement.
(c) On an annual basis, thereafter, each
foster parent must complete additional training on topics identified by OYA,
including suicide prevention and mandatory abuse reporting. Foster parents must
provide adequate proof of completing the annual training to OYA.
(d) All training must be provided or approved
by OYA and must include educational opportunities designed to enhance the
foster parent 's knowledge, skills, and abilities to meet the special needs of
adjudicated youth .
(A) If adjudicated youth
are in the home and the annual has not been completed, the adjudicated youth
foster home certification must be placed on inactive referral status . No
additional adjudicated youth referrals may be made until the annual training is
completed.
(B) OYA may suspend a
certificate if no adjudicated youth are currently in placement and the training
requirements have not been met.
(3) Foster parents must work with OYA staff,
by:
(a) Participating in Multidisciplinary
Team (MDT) reviews;
(b)
Implementing changes in care and supervision only as guided by the supervising
JPPO or Certifier;
(c) Providing an
adjudicated youth with the opportunity for contacts and private visits or
telephone calls with the adjudicated youth 's JPPO, attorney, and the OYA
Reporting Line ; and
(d) Notifying
the Certifier, or designee, of changes likely to impact the life and
circumstances of the foster family, including but not limited to the following
situations:
(A) Immediate notification to the
Certifier and the adjudicated youth 's JPPO of any circumstance involving the
adjudicated youth , foster parent , or other members of the household which may
have a serious impact on the health, safety, physical or emotional well-being
of the adjudicated youth . This includes, but is not limited to, injury,
illness, accident, law violation, or unauthorized absence;
(B) Immediate notification to the Certifier
of any visitor remaining in the home overnight who has not received prior
approval by OYA. Foster parents and the Certifier must collaborate to ensure
the safety of the adjudicated youth and visitor(s);
(C) Prior notification when a change in
address is anticipated. In the case of an emergency (e.g., fire), foster
parents must provide this information as soon as possible after the change of
address occurs; and
(D) Prior
notification when a change in the composition of the household is anticipated.
In the event of an emergency, foster parents must provide this information as
soon as possible after the change occurs.
(e) Foster parents must have prior written
approval from OYA to take an adjudicated youth out of state.
(4) Foster parents must respect
and support the adjudicated youth 's relationship with the adjudicated youth 's
family or other persons approved by the adjudicated youth 's JPPO by:
(a) Assisting OYA staff in planning and
implementing visits between the adjudicated youth and the adjudicated youth 's
family or other approved visitors as indicated by the adjudicated youth 's case
plan , or the adjudicated youth 's JPPO;
(b) Allowing an adjudicated youth
opportunities to have regular phone contact with the adjudicated youth 's family
or other persons approved by the JPPO; and
(c) Informing the JPPO if the adjudicated
youth chooses to decline family visits.
(5) Records
(a) Foster parents must, for the duration of
the adjudicated youth 's placement in the foster home, maintain records ,
including, but not limited to, information relating to the adjudicated youth 's
health (including immunizations), education, and placement progress.
(b) All records pertaining to the adjudicated
youth belong to OYA. The foster parent must make all records available to OYA
upon request. The foster parent must provide all records to the adjudicated
youth 's JPPO or designee within 30 days of the adjudicated youth leaving the
foster home, and not retain any originals or copies. Any records request by
foster parents after the records have been returned to OYA must be handled in
accordance with OAR chapter 416, division 105.
(6) Confidentiality
(a) Adjudicated youth information and records
are confidential. Foster parents must maintain information relating to
adjudicated youth including but not limited to information relating to a
youth's health, education, and placement progress. Records must be stored in a
manner sufficient to prevent unauthorized access.
(b) Foster parents must not disclose
adjudicated youth records without authorization from OYA.
(c) Adjudicated youth records may be
disclosed only when necessary to provide for the safety and wellbeing of
adjudicated youth and with prior approval of OYA.
(d) Foster parents must maintain the
adjudicated youth 's confidentiality and may not post the adjudicated youth 's
information or photograph on any social media or electronic outlets, unless
authorized by OYA.
(e) Unauthorized
disclosure of adjudicated youth records may lead to suspension of
certification.
(7)
Adjudicated youth reformation and supervision
Foster parents must:
(a) Provide structure, accountability, and
supervision designed to promote the physical, social, intellectual, spiritual,
and emotional development of adjudicated youth , while providing for community
protection;
(b) Treat each
adjudicated youth with respect and dignity; and
(c) Help the adjudicated youth develop skills
and perform tasks that promote independence and self-sufficiency.
(8) Household composition
(a) No more than three OYA adjudicated youth
may reside in any given foster home at one time. In addition, no more than five
total children (including the foster parent 's own children under the age of 18
or any OYA respite youth) may reside in one foster home.
(b) Children of foster parents the age of 18
and older will not be counted toward the limitation of five children in the
foster home.
(c) Members of the
household age 18 and older who remain in or return to the home after becoming
18 years of age are subject to a criminal records check , including a
fingerprint records check. The foster parent must notify OYA when a member of
the household remains in or returns to the home after becoming 18 years of
age.
(d) Foster parents must not
care for individuals on a commercial basis, or accept any person for placement
from any source other than OYA.
(9) Respite care
(a) A respite provider may not care for
adjudicated youth in the respite provider 's own home without a current and
valid OYA Certificate that specifically authorizes the respite provider to
provide respite care in their own home.
(b) When all foster parents are absent from
providing supervision of adjudicated youth in a foster home, an OYA-certified
respite provider at least 21 years of age, capable of assuming foster care
responsibilities, must be present. Other adults at least 21 years of age may
provide supervision for three hours or less with prior approval from the foster
parent , JPPO and Certifier.
(c)
When all foster parents anticipate being absent from providing supervision of
adjudicated youth for overnight or longer, the foster parents must give OYA
advance notice and the foster parents must receive approval from OYA before the
foster parents may be absent. The foster parents must provide the following
information: the dates of absence; the telephone number where the foster
parents can be reached; and the OYA-certified respite provider who will provide
care during the foster parent 's authorized absence.
(d) The total number of adjudicated youth per
foster home may be increased to no more than five to provide foster parents
short-term respite from foster care responsibilities.
(e) Foster parents may receive up to two days
of OYA respite care per month. A foster parent may choose to forgo the allotted
respite care days during a month and use them at a later date, not to exceed
eight consecutive respite care days.
(f) Any respite care exceeding eight days per
calendar month requires prior review and approval by the OYA Foster Care
Program manager. Respite care is considered a dual placement and will follow
OYA procedures for dual placements.
(10) Food and nutrition
(a) Foster parents must provide each
adjudicated youth three well-balanced meals and appropriate snacks on a daily
basis.
(b) Foster parents must
provide each adjudicated youth daily access to kitchen facilities to prepare
meals and snacks.
(c) Foster
parents must accommodate an adjudicated youth 's special and cultural dietary
needs.
(11) Clothing and
personal belongings
(a) Foster parents must
provide each adjudicated youth with clean clothing that fits the adjudicated
youth 's needs.
(b) Adjudicated
youth must be allowed to participate in choosing their own clothing.
(c) Adjudicated youth may bring and acquire
appropriate personal belongings. Property must fit within OYA's travel kit
requirements unless approved by the JPPO and Certifier. Adjudicated youth
personal property must be contained in no more than two duffle bags, one
plastic tote, and a toiletry bag. Adjudicated youth personal property must
never be stored in garbage bags. The OYA travel kit will be issued by the
JPPO.
(d) Foster parents must
provide a weekly allowance to adjudicated youth , as required in the OYA Foster
Parent Agreement.
(e) In
consultation with the Certifier and the JPPO, foster parents must create a plan
to manage adjudicated youth money and adjudicated youth accounts.
(f) Foster parents must not co-sign on any
adjudicated youth accounts.
(g)
Foster parents must provide each adjudicated youth with individual items
necessary for personal hygiene and grooming. Foster parents must also ensure
culturally specific products are available to each adjudicated youth to meet
each adjudicated youth 's needs.
(12) Discipline and guidance
Foster parents must:
(a) Work with an adjudicated youth 's JPPO and
Certifier to develop a behavior management plan that sets clear expectations,
limits, and consequences of behavior through use of adequate and appropriate
structure and supervision;
(b)
Provide supervision, guidance, and clearly stated basic and house rules, to
hold adjudicated youth accountable; and
(c) Upon intake and whenever necessary,
review household rules with adjudicated youth and provide them with a
copy.
(d) Expectations and
consequences must be designed to guide adjudicated youth with respect, kindness
and understanding, while holding the adjudicated youth accountable for personal
behaviors.
(e) No adjudicated youth
or other person(s) in a foster home will be subjected to physical abuse, sexual
abuse, sexual exploitation, neglect, emotional abuse, mental injury, threats of
harm, forced physical labor, or restriction from approved contacts as
punishment.
(13) Chores
(a) Foster parents must set expectations for
adjudicated youth to clean and care for their personal sleeping and housing
areas and contribute toward the cleaning and maintenance of common living
areas. These are routine tasks and youth must not receive compensation for such
tasks.
(b) Household chores must be
appropriate to the adjudicated youth 's age and ability.
(c) Additional jobs or projects offered to an
adjudicated youth by a foster parent must be safe, reasonable, not assigned as
a punishment, and must abide by the requirements in the Foster Home
Agreement .
(d) Paid jobs are
additional work projects the adjudicated youth and foster parent mutually agree
on that are not chores, for which the adjudicated youth receives
compensation.
(14)
Health care
(a) Foster parents must work with
OYA to ensure that an adjudicated youth 's physical and mental health care needs
are met, including but not limited to:
(A)
Scheduling appointments and arranging transportation to medical, dental,
vision, or counseling appointments, or assisting adjudicated youth in doing so
if appropriate;
(B) Ensuring that
immunizations are current;
(C)
Reporting to OYA when an adjudicated youth needs corrective or follow-up
medical, mental health, vision, or dental care and arranging necessary
care;
(D) Arranging for necessary
consents from OYA for an adjudicated youth 's medical treatment that is not
routine, including surgery; and
(E)
Obtaining emergency medical care, when necessary.
(b) Medication Administration
(A) Foster parents must comply with
applicable provisions of OAR chapter 416, division 340 pertaining to
medication.
(B) An adjudicated
youth may refuse any medication. When this occurs, the foster parent must
document the refusal and immediately notify the adjudicated youth 's JPPO and
Certifier.
(C) A foster parent must
administer prescription medications to an adjudicated youth only when ordered
by a physician.
(D) All medications
must be stored in locked storage sufficient to prevent unauthorized
access.
(E) Foster parents must
inform an adjudicated youth 's JPPO and Certifier within one working day if any
psychotropic medication is prescribed or changed for the adjudicated
youth .
(c) If an
adjudicated youth is exhibiting behaviors or other indicators that have the
appearance of being under the influence of a substance, the foster parent must
have the youth medically cleared by medical professional personnel immediately
upon discovery.
(d) Medical
information
(A) Adjudicated youth medical
information must be kept confidential and in a secure location.
(B) Medical information may be shared only in
compliance with Oregon Revised Statutes, and OYA administrative
rules.
(C) Foster parents must
provide OYA with copies of adjudicated youth medical information.
(15) Religious,
cultural, ethnic heritage, sexual orientation, and gender identity.
Foster parents must respect the sexual orientation, gender
identity, ethnic heritage, religious choices, cultural identity, and language
of an
(a) Providing reasonable and meaningful
opportunities for an adjudicated youth to develop relationships with others of
like cultural and ethnic background;
(b) Providing adjudicated youth opportunities
to engage in religious activities of the adjudicated youth 's choice;
and
(c) Not requiring an
adjudicated youth to participate in religious activities or events contrary to
the adjudicated youth 's beliefs.
(16) Education
(a) Within five school days of placement in
the foster home, the foster parent must start the enrollment process for the
adjudicated youth in an appropriate educational or vocational program, as
outlined in the adjudicated youth 's case plan .
(b) Foster parents must be actively involved
in an adjudicated youth 's educational or vocational programs.
(c) Foster parents must allow an adjudicated
youth adequate time to complete homework in a location conducive to study, and
provide assistance as needed.
(d)
Foster parents must work with school personnel when issues arise at school, and
report to an adjudicated youth 's JPPO and Certifier any situation that may
require OYA involvement.
(17) Recreation
Foster parents must:
(a) Provide regular recreational and
extracurricular activities appropriate to the age, interests, and abilities of
an adjudicated youth , as described in OAR chapter 416, division 500;
(b) Apply reasonable and prudent parent
standards when determining such participation. "Reasonable and prudent parent
standards" means the standards, characterized by careful and sensible parental
decisions that maintain the health, safety, and best interests of an
adjudicated youth while encouraging the emotional and developmental growth of
the adjudicated youth , that a foster parent must use when determining whether
to allow an adjudicated youth to participate in recreational and
extracurricular activities;
(c)
Encourage an adjudicated youth to participate in community activities on the
adjudicated youth 's own as approved by the JPPO and Certifier;
(d) Engage in community activities with
adjudicated youth and obtain required approvals from OYA; and
(e) Provide opportunities for an adjudicated
youth to pay restitution and perform community service obligations as directed
by the case plan .
(18)
Restrictions
(a) No mechanical restraints,
other than properly used car seat belts, may be used on OYA adjudicated youth
by foster parents.
(b) Foster
parents and members of the household may not provide any form of tobacco,
inhalant delivery system , alcohol, marijuana, drug paraphernalia, or illicit
drugs to adjudicated youth , or allow adjudicated youth to consume or use such
items or products.
(c) Adjudicated
youth may use private home swimming pools and hot tubs only under supervision
of a foster parent or certified respite provider .
(d) All alcoholic beverages, cannabinoids and
paraphernalia, and tobacco products must be stored and locked in a manner
sufficient to prevent access by adjudicated youth .
(19) Safety. Foster parents must:
(a) Be aware of an adjudicated youth 's
location at home and in the community at all times;
(b) Have an adequate system for monitoring
adjudicated youth during the night that has been approved by the
Certifier;
(c) Ensure that keys to
locked storage and motorized vehicles are secured at all times;
(d) Inspect an adjudicated youth 's room,
property, and areas adjudicated youth have access to on a regular basis to
prevent the adjudicated youth from possessing contraband ;
(e) Comply with OYA health and safety
requirements for the prevention of accidents and injuries;
(f) Understand and implement suicide
prevention techniques and reporting requirements; and
(g) Be aware of and monitor appropriate and
inappropriate adjudicated youth boundaries and sexual behavior.
Notes
Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420.888 - 420.892
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