Or. Admin. Code § 419-400-0090 - Licensing Umbrella Rules: Children and Families Rights Policy and Grievance Procedures
(1)
Rights of children in care and families served by the child-caring agency. A
child-caring agency must guarantee the rights of children in care and the
families the child-caring agency serves. A child-caring agency must enact and
adhere to a policy ensuring those rights. A written copy must be distributed to
all children in care and families served by the child-caring agency, and afford
the following rights:
(a) Except as provided
in paragraph (B) of this subsection, the child in care's right to uncensored
communication with legal guardians, caseworkers, legal representatives, and
other persons approved for communication by the legal guardian or as provided
in a court order.
(A) This right cannot be
waived, including voluntarily. Restriction on communication between a child in
care and his or her legal guardian may not be a condition of participation in
the program.
(B) A child-caring
agency may place reasonable limits on communication, but only as provided in
the child-caring agency's policy. Reasonable limits include, but are not
limited to, having set time periods during the day for visitation and phone
calls and imposing moderate limits on the duration of calls or visits. However,
a limitation is not considered reasonable if it prevents the ability to
meaningfully communicate, such as not allowing contact with a child in care's
attorney during regular business hours.
(b) The child in care's right to
privacy.
(c) The child in care's
right to participate in service planning or educational program
planning.
(d) The child in care's
right to fair and equitable treatment.
(e) The child in care's right to file a
grievance (as provided in section (2) of this rule) if the child in care or
family feels that they are treated unfairly or if they are not in agreement
with the services provided.
(f) The
child in care's right to have adequate and personally exclusive
clothing.
(g) The child in care's
right to personal belongings.
(h)
The child in care's right to an appropriate education.
(i) The child in care's right to participate
in recreation and leisure activities.
(j) The child in care's right to have timely
access to physical and behavioral health care services.
(2) Grievance Procedures.
(a) A child-caring agency must enact and
adhere to written procedures for the children in care and families the
child-caring agency serves to submit a grievance. For an academic boarding
school, this subsection only applies to grievances about health or safety
issues. The child-caring agency must provide the procedures to each child in
care and family. The procedures must include all of the following:
(A) A process likely to result in a fair and
expeditious resolution of a grievance.
(B) A prohibition of reprisal or retaliation
against any individual who files a grievance.
(C) A procedure to follow, in the event the
grievance is filed against the executive director, that ensures that the
executive director does not make the final decision on the grievance.
(D) The name, address, and phone number of:
(i) A Department licensing coordinator;
and
(ii) Any other governmental
entities with oversight responsibilities.
(b) Grievances and complaints filed with the
child-caring agency and all information obtained in their resolution must be
maintained for a minimum of two years and provided to the Department upon
request.
(3) A
child-caring agency serving children in care who are also in the care or
custody of the Department must:
(a) Post and
adhere to the Oregon Foster Children's Bill of Rights in accordance with the
requirements of OAR 413-010-0180 and comply with ORS
418.200 to
418.202; and
(b) Have and adhere to a process for children
in care in Department care or custody to make complaints consistent with ORS
418.201(1).
(c) Comply with the Oregon Foster Children's
Sibling Bill of Rights in accordance with the requirements of OAR
413-010-0180 and comply with ORS
418.607.
Notes
Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005
Statutes/Other Implemented: ORS 418.205 - 418.327
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