Current through Register Vol. 63, No. 3, March 1, 2024
(1) The respite
applicant or Certified Respite Provider must demonstrate a willingness to
understand the meaning of the behaviors and have the ability to develop and use
appropriate discipline strategies to address challenging behaviors.
(2) The respite applicant or Certified
Respite Provider must not do any of the following to a child or young adult
being served in their home through an open child welfare case or a child or
young adult in the care or custody of the Department receiving care in the
home:
(a) Use or threaten physical
force;
(b) Use threats or
intimidation;
(c) Withhold food or
other items essential to protection, safety, or well-being;
(d) Discipline all children or young adults
in the household for the misbehavior of one child or young adult;
(e) Use intentional infliction of physical
force causing pain;
(f) Use
derogatory remarks about the child or young adult, or the family
characteristics, physical traits, culture, ethnicity, language, immigration
status, sexual orientation, gender identity and expression, or traditions of
the child or young adult;
(g) Deny,
or threaten to deny, visits, telephone contact, or other types of contact with
an individual authorized in a visit and contact plan, including contacts and
visits with siblings;
(h) Assign
extremely strenuous exercise or work;
(i) Use or threaten the use of restraining
devices. Restraining devices do not include a vehicle safety restraint such as
a seat belt or age and size-appropriate safety seat, when used in accordance
with the manufacturer's instructions;
(j) Impose a sanction, penalty, consequence,
or reprimand for bed-wetting or during toilet training;
(k) Direct or permit a child or young adult
to punish or discipline another child or young adult;
(l) Threaten removal from the Certified
Respite Provider's home;
(m) Force
or require a shower or bath as a sanction, penalty, consequence, or
reprimand;
(n) Impose extreme
isolation that restricts the ability to talk with or associate with others;
or
(o) Lock in a room or outside of
the home.
(3) The
Certified Respite Provider may use a time-out only for the purpose of giving
the child or young adult being served in their home through an open child
welfare case or a child or young adult in the care or custody of the Department
receiving care in the home a short break from the situation. The Certified
Respite Provider must take into consideration the age and developmental level
in determining the length of a time-out and the child must be in a seating from
which the child or young adult is not prevented from leaving by any
means.
(4) A Certified Respite
Provider may not use any of the following restraints listed below on a child or
young adult, except as specifically indicated in subsections (e) and g) below.
(a) Chemical restraint. Chemical restraint
means a drug or medication that is administered to a child or young adult to
control behavior or restrict freedom of movement.
(b) Mechanical restraint. Mechanical
restraint means a device used to restrict the movement of a child or young
adult or the movement or normal function of a portion of the body of a child or
young adult.
(c) Prone restraint.
Prone restraint means a restraint in which a child or young adult is held face
down on the floor.
(d) Supine
restraint. Supine restraint means a restraint in which a child or young adult
is held face up on the floor.
(e)
Any intentional and nonincidental use of a solid object, including the ground,
a wall, or the floor, to impede a child or young adult's movement, unless
necessary to gain control of a weapon.
(f) Any restraint that places, or creates a
risk of placing, pressure on a child or young adult's neck or throat.
(g) Any restraint that places, or creates a
risk of placing, pressure on a child or young adult's mouth, unless necessary
for the purpose of extracting a body part from a bite.
(h) Any restraint that impedes, or creates a
risk of impeding, a child or young adult's breathing.
(i) Any restraint that involves the
intentional placement of any object or a hand, knee, foot, or elbow on a child
or young adult's neck, throat, genitals or other intimate parts.
(j) Any restraint that causes pressure to be
placed or creates a risk of causing pressure to be placed, on a child or young
adult's stomach, chest, joints, throat or back by a knee, foot or
elbow.
(k) Any other action, the
primary purpose of which is to inflict pain.
(l) Any restraint of a child or young adult
for the convenience of a resource parent or respite provider certified by the
Child Welfare, or a caregiver.
(m)
Any restraint of a child or young adult to discipline the child or young
adult.
(n) Any restraint of a child
or young adult as a form of punishment.
(o) Any restraint of a child or young adult
done in retaliation.
(p) Allowable
interventions include:
(A) Holding the child
or young adult's hand or arm to escort the child or young adult safely and
without the use of force from one area to another;
(B) Assisting the child or young adult to
complete a task if the child or young adult does not resist the physical
contact;
(C) Using a physical
intervention if the intervention is necessary to break up a physical fight or
to effectively protect a person from an assault, serious bodily injury or
sexual contact;
(D) Using a
physical intervention that uses the least amount of physical force and contact
possible; and
(E) Using a physical
intervention that is not a prohibited restraint described in 1-15
above.
(F) If the behavior of a
child or young adult places the
child or young adult or others in imminent
risk of harm and a physical intervention is not able create safety, the
certified respite provider must call emergency
services.
(G) Any time a
restraint is used or emergency services are utlized, the
certified respite provider must:
(i) Orally report to the child or young
adult's caseworker as soon as reasonably possible, but no later than one
business day;
(ii) Document the
circumstances of the restraint on a form approved by the Department;
(iii) Submit the documentation with in two
business days; and
(iv) If the
child or young adult is injured the certified respite provider must notify the
Department's emergency 24 hour contact.
(6) The Certified Respite Provider
must notify and request assistance of the Department when the challenging
behavior of a child or young adult being served through an open child welfare
case or a child or young adult in the care or custody of the Department may be
beyond the ability of the Certified Respite Provider to discipline in a
positive manner while providing respite care.
Statutory/Other Authority: ORS
418.005 & ORS
409.050
Statutes/Other Implemented: ORS
409.010 & ORS
418.640
