Or. Admin. Code § 419-440-0050 - Foster Care Agencies: Standards for the Proctor Foster Home Environment
A foster care agency must ensure a proctor foster home meets all of requirement in this rule. This must be documented and kept in the file of the proctor foster home.
(1) General Conditions.
(a) The home must be the primary residence of
the applicant or approved proctor foster parent and the
residence where the child in care will reside.
(b) The home must have adequate space,
including space for safe and appropriate sleeping arrangements, for each
child in care.
(A) The
foster care agency must consider the age, gender, gender
expression, special needs, behavior, and history of abuse or neglect of the
child in care in determining appropriate sleeping
arrangements.
(B) Children in care
over age 18 years of age or older must be housed in separate bedrooms from
children in care under 18 years of age, unless:
(i) A parent and child, one or both of whom
is a child in care, share a bedroom; or
(ii) The foster care agency
has obtained written approval from the parent or legal guardian and the
Department licensing coordinator that two children in care, one over 18 and one
under 18 years of age, may share a bedroom.
(C) Each child in care must
have their own bed and may not share a bed with an unrelated person.
(D) The foster care agency must prohibit
co-sleeping or bed-sharing when the child in care is an infant.
(c) The home may not use
"electronic monitoring" in bedrooms or bathrooms. For purposes of this rule,
"electronic monitoring" means the use of video monitoring or listening devices
to monitor or record the behavior of a child in care.
Children in care and their parent or legal guardian must be
notified of any electronic monitoring that occurs in the home. "Electronic
monitoring" does not include:
(A) Door
monitors;
(B) Window
alarms;
(C) Motion
detectors;
(D) Audio or video baby
monitors used for a child five years of age and under; or
(E) Monitors approved by a medical provider
for medical purposes.
(d) If a child or young adult in the care or
custody of the Department will be placed in the proctor foster
home, the home must post and comply with the Foster Children's Bill of
Rights as required by OAR
413-010-0170 to
413-010-0185.
(e) The applicant or approved proctor
foster parent must have access to a working telephone to make and
receive phone calls.
(f) The
applicant or approved proctor foster parent must consider the
age, special needs, and capabilities of the children in care, and have
necessary safeguards to assure that:
(A)
Swimming pools, hot tubs, wading pools, ponds, and other water hazards are
inaccessible to a child in care unless responsibly supervised,
and any safeguards comply with state and local ordinances;
(B) Outdoor tools and equipment, machinery,
chemicals, flammables, and combustibles are stored in a safe manner;
(C) Animals are safe and appropriate for and
are properly cared for and kept in compliance with local ordinances;
(D) Access of a child in
care to potentially dangerous animals is restricted; and
(E) Hunting and sporting equipment, such as
knives, spears, arrows, hunting sling shots, bows, and martial art weapons are
stored in a safe and secure manner and inaccessible to a child in
care.
(g) The
applicant or approved proctor foster parent must receive
authorization from the foster care agency and the parent or
guardian prior to the beginning of hunting or target practice by the
child in care.
(2) Sanitation and Health.
(a) If there are potential hazards in or
around the home, a plan to prevent the exposure of the child in
care to the potential hazard must be developed and approved by the
foster care agency.
(b) The home must have the necessary
equipment for the safe preparation, storage, serving, and clean-up of
food.
(c) The home must have a
safe, properly maintained, and operational heating system. Space heaters must
be plugged directly into a wall outlet and must be equipped with tip-over
protection.
(d) The home and
furnishings must be clean and in good repair, and the grounds must be
maintained.
(e) There must be no
accumulation of garbage or debris.
(f) The home must have safe and adequate
drinking water, and an adequate source of safe water to be used for personal
hygiene.
(g) There must be
provision for the safe storage and administration of all medications in the
household, taking into consideration the child's age, developmental level, and
need.
(h) There must be easily
accessible first aid supplies, and a reasonable understanding of how to use
such supplies.
(i) Smoking, tobacco
and nicotine limitations:
(A) A child
in care may not be exposed to any type of second-hand smoke in the
family's home or vehicle; and
(B) A
member of the household may not provide any form of tobacco, nicotine, or other
product illegal for a minor to possess to a child in
care.
(C) All products
referenced in paragraph (B) of this subsection must be stored in a safe and
secure manner inaccessible to a child in care.
(3) Fire and Carbon
Monoxide Safety.
(a) The home must have all of
the following:
(A) A working smoke alarm in
each bedroom where a child in care sleeps within 24 hours of
the time the applicant is certified or approved.
(B) A working carbon monoxide detector within
15 feet of each bedroom where a child in care sleeps and at
least one on each floor within 24 hours of the time the applicant is certified
or approved.
(C) At least one
operable fire extinguisher rated 2-A:10-B-C or higher within 24 hours of the
time the applicant is certified or approved.
(D) At least one means of emergency exit and
at least one means of rescue from the home.
(E) An adequate safeguard around operating
fireplaces, wood stoves, or other heating systems that may cause burns to a
child in care that is developmentally unable to reasonably
follow safety rules regarding such devices.
(F) A written, comprehensive home evacuation
plan, shared with each child in care at the time of placement,
and practiced at least every six months. The written, comprehensive home
evacuation plan must include a provision for the safe exit of a child
in care who is not capable of understanding or participating in the
evacuation plan.
(G) Interior doors
that lock must be operable from both sides of the door.
(b) Each bedroom used by a child in
care must have:
(A) At least one
unrestricted exit;
(B) At least one
secondary means of exit or rescue;
(C) Smoke alarms required under paragraph
(3)(a)(A) of this rule;
(D)
Unrestricted, direct access at all times to hallways, corridors, living rooms,
or other such common areas; and
(E)
Quick release mechanisms on all barred windows.
(4) Emergency Preparedness.
(a) Maintain, and share with the certifying
foster care agency, an emergency preparedness plan ensuring
the needs of each child in care will me bet.
At a minimum the plan will include:
(A)
Identifying the types of emergencies most likely to happen where the
proctor foster agency is located;
(B) Identifying a place to meet for each type
of emergency identified;
(C)
Identifying an alternate shelter if necessary;
(D) Ensuring access to necessary medications
or medical equipment;
(E) How to
help each child in care recover after a disaster.
(b) Maintain a comprehensive list
of emergency telephone numbers, including 911 and poison control, and post it
in a prominent place in the home.
(5) Travel and Transportation Safety.
(a) An applicant or approved proctor
foster parent must have available, and be willing to use, a safe and
reliable method of transportation.
(b) Any member of the household transporting
a child in care must provide proof of a valid driver's license
and current insurance on any family-owned motorized vehicle by which a
child in care might be transported, when a family has applied
for certification or renewal of certification.
(c) The applicant or approved proctor
foster parent must assure that, as required by current state law:
(A) Only a licensed and insured driver
transports a child in care in motorized vehicles;
and
(B) A child in
care uses a seat belt or age and size appropriate safety seat when
transported in motorized vehicles.
(d) Written authorization from the
foster care agency and parent or guardian must be received by
the proctor foster home prior to transporting a child
in care out of the State of Oregon or outside the United
States.
(e) A proctor
foster home must request approval from the Department no less than 90
days prior to any international travel with a child in care.
In an emergency, the proctor foster home must request approval
from the foster care agency as soon as the need for
international travel becomes known.
(6) An applicant or approved proctor
foster parent must agree to accept the placement of a child in
care only as provided in OAR
419-440-0130.
Notes
Statutory/Other Authority: ORS 418.248, ORS 409.050, ORS 418.240 & ORS 418.005
Statutes/Other Implemented: ORS 418.205 - 418.325
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