Or. Admin. Code § 419-400-0010 - Licensing Umbrella Rules: Regulation of Child-Caring Agencies
(1) The Department
is required to regulate and license certain organizations and agencies that
care for children. The rules in OAR chapter 419, division 400 establish the
requirements of the Department for obtaining and maintaining the required
license, and the policies of the Department required by ORS
418.205 to
418.327.
(2) These umbrella rules (OAR
419-400-0005 to
419-400-0310) apply to all of
the following types of child-caring agencies:
(f) A homeless, runaway, and transitional
living shelter (further regulated by OAR
419-450-0010 to
419-450-0120).
(i) A private school, agency, or organization
providing similar care or services for children as the schools, agencies, or
organizations described in subsections (a) to (h) of this section or that
otherwise meets the definition of a child-caring agency under ORS
418.205(2)(a).
(j) A secure transportation services provider
further regulated by OAR
419-480-0010 to
419-480-0120.
(3) A child-caring agency must
comply with all of the Department rules that apply to the child-caring
agency.
(4) All child-caring
agencies, their governing boards, and executive director, and program director,
employees, contractors, and agents shall ensure the following standards,
procedures, and protocols are met:
(a) The
child-caring agency ensures child and family rights.
(b) The child-caring agency complies with
abuse reporting and investigation requirements including, but not limited to,
having and following abuse reporting procedures as required in OAR
419-400-0110 and providing
training as required in OAR 419-400-01201.
(c) The child-caring agency engages in and
applies appropriate behavior management techniques.
(d) The child-caring agency provides adequate
furnishings and personal items for children.
(e) The child-caring agency provides
appropriate food services.
(f) The
child-caring agency ensures the safety of children, including ensuring adequate
supervision.
(g) The agency
utilizes approved procedures and protocols for use of medications for children
receiving care or services from the child-caring agency.
(h) The child-caring agency or the
child-caring agency's employees or agents have not engaged in financial
mismanagement.
(i) The child-caring
agency fully and timely corrects violations and maintains standards in
accordance with any plan of correction imposed by the Department.
(j) The child-caring agency provides access
to a child in care or the child-caring agency's premises to the Department or
the Department's employees, investigators, court appointed special advocates,
attorneys for a child in care, the parent or legal guardian of the child in
care if the child in care has not been committed to the custody of the
Department or the Oregon Youth Authority, or other authorized persons or
entities as required under ORS
418.305 and OAR
419-400-0230 and
419-400-0240.
(k) The child-caring agency permits the
Department to inspect agency records including, but not limited to, financial
records, treatment records, services delivery records, logs, incident reports,
case notes, medication records, and medical treatment records.
(m) The child-caring agency is in full
compliance with the standards of care and treatment in these rules.
(5) Department staff responsible
for the regulation and oversight of child-caring agencies must review licensing
applications, conduct on-site inspections, investigate complaints, and carry
out all other duties necessary to ensure the safe operation of child-caring
agencies. The Department will measure the time and resources needed to carry
out these duties to create a workload model. The workload model will guide the
Department when seeking additional resources to meet the Department's
regulatory oversight responsibilities under Oregon law.
Notes
Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.255 & ORS 418.240
Statutes/Other Implemented: ORS 418.205 - 418.327
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