Or. Admin. Code § 419-400-0005 - Definitions
Unless the context indicates otherwise, these terms are defined for use in OAR chapter 419, division 400:
(1) "Academic boarding school" means an
organization or a program in an organization that:
(a) Provides educational services and care to
children 24 hours a day; and
(b)
Does not hold itself out as serving children with emotional or behavioral
problems, providing therapeutic services, or assuring that children receive
therapeutic services.
(2)
"Adoption agency" means an organization providing any of the following
services:
(a) Identifying a child for adoption
and arranging an adoption.
(b)
Securing the necessary consent to relinquishment of parental rights and to
adoption.
(c) Performing a
background study on a child or a home study on a prospective adoptive parent
and reporting on such a study.
(d)
Making determinations of the best interests of a child and the appropriateness
of adoptive placement for the child.
(e) Monitoring a case after placement until
final adoption.
(f) When necessary
because of disruption before final adoption, assuming custody and providing
child care or other social services for the child pending an alternative
placement.
(3)
"Age-appropriate or developmentally appropriate activities" means:
(a) Activities or items that are generally
accepted as suitable for children in care of the same chronological age or
level of maturity or that are determined to be developmentally appropriate for
a child in care based on the development of cognitive, emotional, physical, and
behavioral capacities that are typical for an age or age group; and
(b) In the case of a specific child in care,
activities or items that are suitable for the child in care based on the
developmental stages attained by the child in care with respect to the
cognitive, emotional, physical, and behavioral capacities of the child in
care.
(4) "Approval"
means acceptable to the regulatory authority based on conformity with generally
recognized standards that protect public health.
(5) "Approved proctor foster parent" means an
individual approved by a foster care agency to provide care to children in a
proctor foster home.
(6)
"Background check" means a criminal records check and abuse check done in
compliance with the Department's criminal records and abuse check rules, OAR
407-007-0200 to
407-007-0370.
(7) "Birth parent" means each person who
holds a legally recognized parental relationship to the child but does not
include the adoptive parents in the adoption arranged by the adoption
agency.
(8) "Boarding" means care
or treatment services provided on a 24 hour per day basis to
children.
(9) "Chemical restraint"
means a drug or medication that is administered to a child in care to control
behavior or restrict freedom of movement. Chemical restraint is different from
the use of medication for the treatment of symptoms of severe emotional
disturbances or disorder.
(10)
"Child in care" means an unmarried person under 21 years of age who resides in
or receives care or services from a child caring agency.
(11) "Child-caring agency" is defined in ORS
418.205 and:
(a) Means any private school, private agency,
or private organization providing:
(A) Day
treatment for children with emotional disturbances;
(B) Adoption placement services;
(C) Residential care including, but not
limited to, foster care or residential treatment for children;
(D) Outdoor youth programs;
(E) A secure transportation services
provider;
(F) Any private
organization or person that provides secure transportation services as defined
by ORS 418.205(2)(a)(B);
or
(G) Other similar care or
services for children.
(b) Includes the following:
(A) A shelter-care home that is not a foster
home subject to ORS 418.625 to
418.645;
(B) An independent residence facility as
described in ORS 418.475;
(C) A private residential boarding school;
and
(D) A child-caring facility as
described in ORS 418.950.
(E) A county operated program that provides
care or services to children in the custody of the Oregon Department of Human
Services or the Oregon Youth Authority, or under a contract with the Oregon
Health Authority, as described in ORS
418.205.
(c) Child-caring agency does not include:
(A) Residential facilities or foster care
homes certified or licensed by the Department under ORS
443.400 to
443.455,
443.830 and
443.835 for children receiving
developmental disability services.
(B) Any private agency or organization
facilitating the provision of respite services for parents pursuant to a
properly executed power of attorney under ORS
109.056. For purposes of this
paragraph, "respite services" means the voluntary assumption of short-term care
and control of a minor child without compensation or reimbursement of expenses
for the purposes of providing a parent in crisis with relief from the demands
of ongoing care of the parent's child;
(C) A youth job development organization as
defined in ORS 344.415;
(D) A shelter-care home that is a foster home
subject to ORS 418.625 to
418.645; or
(E) A foster home subject to ORS
418.625 to
418.645.
(F) A facility that exclusively serves
individuals 18 years of age and older; or
(G) A facility that primarily serves both
adults and children but requires that any child must be accompanied at all
times by at least one custodial parent or guardian.
(12) "Children's emergency safety
intervention specialist" means a qualified mental health professional licensed
to order, monitor and evaluate the use of seclusion and restraint in accredited
and certified facilities that provide intensive mental health treatment
services to individuals under 21 years of age.
(13) "Clinical supervisor" means an
individual who meets the clinical supervisor qualifications in OAR
309-022-0125.
(14) "Cohabitating" means the act of two
adults, unmarried to each other, living together in an intimate relationship as
if married.
(15) "Contraband" means
items the possession of which is prohibited by the child-caring agency
including, but not limited to weapons or drugs.
(16) "Day treatment" means a comprehensive,
interdisciplinary, nonresidential, community-based, psychiatric treatment,
family treatment, and therapeutic activities integrated with an accredited
education program provided to children with emotional disturbances.
(17) "Day treatment agency" means a
child-caring agency that provides psychiatric day treatment services.
(18) "Debrief" means to interview a person
(such as a child in care or staff member) usually upon return (as from an
expedition) in order to obtain useful information.
(19) "Department" means the Oregon Department
of Human Services.
(20)
"Developmental disabilities residential facility" means a residential facility
or foster home for children who are 17 years of age or younger and receiving
developmental disability services that is subject to ORS
443.400 to
443.455,
443.830 and
443.835.
(21) "Discipline" means a training process to
help a child in care develop the self-control and self-direction necessary to
assume responsibilities, make daily living decisions, and learn to conform to
accepted levels of social behavior.
(22) "Disruption" means the interruption of
an adoptive placement prior to the finalization of the adoption in a court of
law.
(23) "Employee" means an
individual holding a paid position with a child-caring agency.
(24) "Facility" means the physical setting,
buildings, property, structures, administration, and equipment of a
child-caring agency.
(25) "Family"
means related members of a household, among whom at least one adult functions
as a parent to one or more minor children.
(26) "Financial irregularities" means a
condition or act characterized by intentional deception such as the intentional
misstatement or omission of significant information in accounting records,
financial statements, other reports, documents, or records.
(27) "Foster care agency" means a
child-caring agency that offers to place children by taking physical custody of
and then placing the children in proctor foster homes certified by the
child-caring agency as provided in ORS
418.248 and these
rules.
(28) "Homeless, runaway, and
transitional living shelter" means a child-caring agency that provides
residential services or operates a shelter, mass shelter, or transitional
living program for homeless or runaway youth, pregnant or parenting girls, or
other children in care working toward independent living.
(29) "Homeless or runaway youth" means a
child in care who has not been emancipated by the juvenile court; lacks a
fixed, regular, safe, and stable nighttime residence; and cannot immediately be
reunited with his or her family.
(30) "ICWA" or "the Act" means the Indian
Child Welfare Act of 1978, 25 U.S.C. §§ 1901-63.
(31) "Indian child" means any unmarried
person who is under age 18 and either:
(a) Is
a member or citizen of an Indian tribe; or
(b) Is eligible for membership or citizenship
in an Indian tribe and is the biological child of a member or citizen of an
Indian tribe.
(32)
"Intercountry adoption" means an adoption in which a child who is a resident
and citizen of one country is adopted by a citizen of another
country.
(33) "Involuntary
seclusion" means the confinement of a child in care alone in a room or an
enclosed space from which the child in care is prevented from leaving by any
means. (Does not include age-appropriate discipline, including, but not limited
to, time-out if the time-out is in a setting from which the child in care is
not prevented from leaving by any means.)
(34) "Licensee" means a child-caring agency
that holds a license issued by the Department.
(35) "Mass shelter" means a structure that
contains one or more open sleeping areas in which, on a daily basis, only
emergency services are provided to homeless or runaway youth, such as a meal
and a safe place to sleep overnight.
(36) "Mechanical Restraint" means a device
used to restrict the movement of a child in care or the movement or normal
function of a portion of the body of a child in care.
(37) "Medication" means any drug, chemical,
compound, suspension, or preparation in suitable form for use as a curative or
remedial substance either internally or externally by any person.
(38) "ODDS" means the Office of Developmental
Disabilities Services within the Department.
(39) "OYA" means the Oregon Youth
Authority.
(40) "Outdoor living
setting" means an outdoor field setting in which services are provided to
children in care either more than 10 days per month for each month of the year
or for longer than 48 hours at a location more than two hours from
community-based medical services.
(41) "Outdoor youth program" means a program
that provides, in an outdoor living setting, services to children in care who
are enrolled in the program because they have behavioral problems, mental
health problems, or problems with abuse of alcohol or drugs. "Outdoor youth
program" does not include any program, facility, or activity operated by a
governmental entity, operated or affiliated with the Oregon Youth Conservation
Corps, or licensed by the Department as a child-caring agency under other
authority of the Department. It does not include outdoor activities for
children in care designed to be primarily recreational.
(42) "Outdoor youth program activity" means
an outdoor activity, provided to children in care for the purpose of behavior
management or treatment, which requires specially trained staff or special
safety precautions to reduce the possibility of an accident or injury. Outdoor
youth activities include, but are not limited to, hiking, adventure challenge
courses, climbing and rappelling, winter camping, soloing, expeditioning,
orienteering, river and stream swimming, and whitewater activities.
(43) "Over the counter medication" means any
medication that does not require a written prescription for purchase or
dispensing.
(44) "Placement" means
when the child is placed in the physical or legal custody of prospective
adoptive parents.
(45) "Proctor
foster home" is defined in ORS
418.205 and means a foster home
certified by a child-caring agency under ORS
418.248 that is not subject to
ORS 418.625 to
418.645.
(46) "Program" means a set of one or more
services provided by a child-caring agency that make the child-caring agency
subject to the rules in OAR chapter 413, division 215.
(47) "Prone restraint" means a restraint in
which a child in care is held face down on the floor.
(48) "Qualified Mental Health Professional
(QMHP)" means an individual who meets the QMHP qualifications in OAR
309-022-0125.
(49) "Re-adoption" means a process in which a
child whose adoption was completed in another country is re-adopted in this
country.
(50) "Reasonable and
prudent parent standard" means the standard, characterized by careful and
sensible parental decisions that maintain the health, safety, and best
interests of a child in care while encouraging the emotional and developmental
growth of the child in care, that a substitute care provider shall use when
determining whether to allow a child in care to participate in extracurricular,
enrichment, cultural, and social activities.
(51) "Reportable injury" means any type of
injury to a child in care, including but not limited to rug burns, fractures,
sprains, bruising, pain, soft tissue injury, punctures, scratches, concussions,
abrasions, dizziness, loss of consciousness, loss of vision, visual disturbance
or death.
(52) "Report of suspected
violation" means information that a child-caring agency may have failed to
comply with an applicable requirement in:
(a)
ORS 418.205 to
418.327;
(c) A contract with the Department to provide
services to a child in care; or
(53) "Residential care agency" means a
child-caring agency that provides care and treatment services to children 24
hours a day in a staffed facility.
(54) "Restraint" means the physical
restriction of a child in care's actions or movements by holding the child in
care or using pressure or other means.
(55) "Secure escort" means services for a
child who poses a risk of elopement or where restraint or seclusion may be
utilized if the child poses a risk of injury to self or others.
(56) "Secure nonemergency medical
transportation provider" means a private organization or person that provides
nonemergency medical secure transportation services licensed by and subject to
rules adopted by the Oregon Health Authority.
(57) "Secure transportation" means the
transport of a child in a vehicle specifically equipped to prevent a passenger
from exiting, eloping or interfering with the operator of the vehicle. This
excludes standard factory installed safety equipment such as seat belts or
child-safety locks.
(58) "Secure
adolescent inpatient treatment program" means a child-caring agency that is an
intensive treatment services program, as described by the Oregon Health
Authority (see OAR 309-022-0100), that provides
inpatient psychiatric stabilization and treatment services to individuals under
21 years of age who require a secure intensive treatment setting.
(59) "Secure children's inpatient treatment
program" means a child-caring agency that is an intensive treatment services
program, as described by the Oregon Authority by (see OAR
309-022-0100), that provides
inpatient psychiatric stabilization and treatment services to children under 14
years of age who require a secure intensive treatment setting.
(60) "Secure Transportation Services" means
the secure transportation or secure escort of children.
(61) "Serious bodily injury" means any
significant impairment of the physical condition of an individual, as
determined by qualified medical personnel, whether self-inflicted or inflicted
by someone else.
(62) "Service
plan" means an individualized plan of services to be provided to each child in
care based on his or her identified needs and designed to help him or her reach
mutually agreed upon goals. The service plan must address, at a minimum, the
child in care's physical and medical needs, behavior management issues, mental
health treatment methods, education plans, and any other special
needs.
(63) "Shelter" means a
facility operated by a child-caring agency that provides services for a limited
duration to homeless or runaway youth.
(64) "Sole supervision" means being alone
with a child in care or being temporarily the only staff in charge of a child
in care or subgroup of children in care.
(65) "Special needs" mean a trait or
disability of a child that requires special care or attention of the child or
that historically has made placement of a child with similar characteristics or
disability difficult.
(66) "Staff"
means employees of the child-caring agency who are responsible for providing
care, services, or treatment to a child in care.
(67) "Stationary outdoor youth program" means
an outdoor youth program which remains in a stationary location that houses
children in care.
(68) "Supine
restraint" means a restraint in which a child in care is held face up on the
floor.
(69) "Therapeutic boarding
school" means an organization or a program in an organization that:
(a) Is primarily a school and not a
residential care agency;
(b)
Provides educational services and care to children for 24 hours a day;
and
(c) Holds itself out as serving
children with emotional or behavioral problems, providing therapeutic services,
or assuring that children receive therapeutic services.
(70) "Transitional living program" means a
set of services offered by a child-caring agency that provides supervision and
comprehensive services for up to 18 months to assist homeless or runaway youth
to make a successful transition to independent and self-sufficient
living.
(71) "Wilderness first
responder" means a medical training course and certification for outdoor
professionals.
Notes
Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.255 & ORS 418.240
Statutes/Other Implemented: ORS 418.205 - 418.327 & ORS 418.519
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