Or. Admin. Code § 419-400-0145 - Licensing Umbrella Rules: Installation and Use of Video Equipment Used to Monitor or Record Children in Care

(1) If a child-caring agency installs video equipment to monitor or record a child in care, all employees, volunteers, parents or guardians, and children in care must be informed about the intended use and locations of the equipment.

(2) If a child-caring agency installs video equipment to monitor or record a child in care, the child-caring agency must have policies and procedures regarding the use, access, and storage of the video live monitoring or recordings. The policies and procedures must meet the requirements of OAR 419-400-0180(12)(b) and include, but are not limited to, the following:

(a) How privacy is ensured and meets the requirements of OAR 419-400-0130;

(b) Who may view the live monitoring;

(c) Who may view the recordings;

(d) When the recording is to be considered part of a specific child in care's record and how it will be maintained with the rest of the child in care's record;

(e) How long the recording will be maintained by the child-caring agency;

(f) When the live monitoring or recording may be viewed and for what purpose;

(g) Where the live monitoring or recording may be viewed;

(h) How the live monitoring or recording may be accessed; and

(i) How staff will be trained on the use of the video equipment used to monitor or record a child in care.

(3) Use of video equipment used to monitor or record a child in care is prohibited in areas where an individual has a reasonable expectation of privacy such as bathrooms, bedrooms, or changing rooms.

(4) Any recordings made from video equipment must be made secure to only allow access by authorized staff as identified by the child-caring agency or as required by rule in OAR Chapter 419, Division 400.

(5) Use of video equipment used to monitor or record a child in care must follow all applicable federal and state laws.

Notes

Or. Admin. Code § 419-400-0145

OTIS 128-2023, adopt filed 12/20/2023, effective 1/1/2024

Statutory/Other Authority: ORS 418.240, ORS 418.005, ORS 409.050 & ORS 418.526

Statutes/Other Implemented: ORS 418.526