Current through Register Vol. 63, No. 3, March 1, 2024
(1) In addition to the requirements in OAR
410-170-0030, the BRS contractor and the BRS provider providing services and
placement-related activities to a BRS client in the care or custody of the
Department or one of the federally-recognized Oregon tribes must:
(a) Ensure completion of a background check,
including a criminal records check and an abuse check, on each subject
individual in compliance with OAR 407-007-0210 to 407-007-0370.
(b) Ensure completion of a background check,
including a criminal record check and an abuse check, on each subject
individual before the individual is hired in compliance with OAR 407-007-0210
to 407-007-0370, when the BRS program uses a residential care model.
(c) Maintain in their program records:
(A) Staff schedules for BRS programs
utilizing a residential care model;
(B) Certification status for each proctor
foster home for BRS programs utilizing a Proctor Care model;
(C) The approved DHS Authorization form for
each absent day billed for a BRS client; and
(D) Accreditation status, if applicable.
(d) Permit the
caseworker and the Department to have immediate access to a BRS client and to
any area of the premises upon which the BRS client receives services or is
engaged in placement-related activities to ensure the health, safety and
welfare of the BRS client and compliance with BRS program requirements. This
includes a proctor foster home.
(e)
Supervise and provide support to the approved proctor foster parents by:
(A) Monitoring and ensuring that its approved
proctor foster parents comply with all applicable rules, laws and regulations
related to the BRS program;
(B)
Recruiting, training, reimbursing, and supporting the approved proctor foster
parents in providing services or placement-related activities to the BRS
client;
(C) Visiting the approved
proctor foster parents' home a minimum of once a month to provide support that
includes, but is not limited to, monitoring, training, and supervising;
and
(D) Providing, at a minimum,
the following support services to the approved proctor foster parent:
(i) Ensure that the BRS contractor or BRS
provider has staff available to provide the approved proctor foster parent with
support services 24 hours per day, seven days a week, including on-call
services, consultation, and direct crisis counseling;
(ii) Provide to the approved proctor foster
parents the contact information (names and phone numbers) of the program staff
who are available to provide these support services; and
(iii) Provide to the approved proctor foster
parents 48 hours per month of reprieve from approved proctor foster parent
responsibilities. The BRS contractor or the BRS provider must arrange and
provide daytime supervision and night-time monitoring equivalent to that
provided by the approved proctor foster parents at that time.
(2) If a
residential care model is used, the BRS provider providing services and
placement-related activities to a BRS client in the care or custody of the
Department or one of the federally-recognized Oregon tribes must either:
(a) Operate a BRS program that is described
in ORS
419B.354(3),
or:
(b) Operate a BRS program that
meets the definition of a QRTP in OAR 413-070-0000 (70), and:
(A) Comply with all other requirements of
QRTPs in OAR Chapter 410, Division 170 and these rules; and
(B) Implement the treatment identified for
the BRS client by the QRTP assessment, including identifying the treatment
goals indicated by the QRTP assessment in the BRS client's MSP, if
applicable.
(3) The Department may conditionally approve
accreditation for a BRS program that has a preliminary endorsement from an
entity described in OAR 413-095-0000(2)(a)(A)-(D).
(a) The BRS provider must provide the
Department with a copy of the provisional endorsement and written documentation
of the steps that will be taken to receive a final endorsement and when the BRS
provider anticipates receiving the endorsement.
(b) The Department's conditional approval of
accreditation may not exceed 270 days from the date that the provisional
endorsement was issued.
(4) The Department may pursue any sanctions,
remedies, or recoveries described in OAR 413-095-0050, against the BRS
contractor and/or the BRS provider, for failing to monitor and ensure its
approved proctor foster parents are in compliance with all applicable rules,
laws and regulations related to the BRS program.
Statutory/Other Authority: ORS
409.050, ORS
411.060, ORS
411.070,
ORS
411.116
& ORS
418.005
Statutes/Other Implemented: ORS
411.060, ORS
411.070,
ORS
411.116,
ORS
418.005,
ORS
409.010,
ORS
409.025,
ORS
409.027,
ORS
411.141,
ORS
418.015,
ORS
418.027,
ORS
418.285,
ORS
418.312,
ORS
418.315,
ORS
418.490
& ORS
418.495
