Current through Register Vol. 63, No. 3, March 1, 2024
(1) This rule establishes standards for OYA
transitional care providers and their homes that offer specific independent
living and transitional services for youth offenders 18 through 24 years of
age.
(2) Definitions listed under
OAR 416-530-0010 apply to this rule with the following additions and
modifications:
(a) Frequent Visitor: A person
who regularly visits a transitional care home more than five hours per week
when a youth offender placed in the transitional care home is
present.
(b) Member of the
household: Any person, other than a youth offender, who lives in the
transitional care home or on the property where the transitional care home is
located, is a frequent visitor to the transitional care home, or assists in the
care provided to the youth offender.
(c) Respite care: A temporary arrangement
between a transitional care provider and an OYA-certified respite care provider
to allow the transitional care provider time away from a youth
offender.
(d) Transitional care
respite provider: An individual, certified by OYA, and who temporarily assists
with supervision of youth offenders when the transitional care provider is not
available.
(e) Transitional care
home: A Youth Offender Foster Home in the community that is maintained and
lived in by an OYA-certified transitional care provider who provides
supervision, food, lodging and transitional services for one or more youth
offenders 18 through 24 years of age in that home.
(f) Transitional care provider: A foster
parent certified by OYA who has been authorized by OYA to supervise youth
offenders 18 through 24 years of age in a youth offender transitional care home
setting.
(3) Unless
otherwise specified in this rule, the provisions of OAR 416-530-0000 through
416-530-0090 and OAR chapter 416, divisions 335 and 800, apply to transitional
care provider, applicants, transitional care providers and transitional care
homes.
(4) Certification.
(a) Foster care certifiers must evaluate each
transitional care home and surrounding property to determine which persons
qualify as members of the household.
(b) Members of the household identified by
the foster care certifier must complete criminal records checks pursuant to OAR
division 800.
(c) Transitional care
homes certified according to this rule must receive a certificate specifically
providing that the home may provide services to youth offenders 18 through 24
years of age.
(5)
Transitional care provider qualifications.
(a) Transitional care providers must be at
least 25 years of age due to the age of the youth offenders in transitional
care.
(b) Transitional care
providers must be able to realistically evaluate which youth offenders they can
accept and supervise.
(c)
Transitional care providers must demonstrate competence in supervising youth
offenders 18 through 24 years of age and promote the independent living skills
of youth offenders as they transition toward independence.
(6) A transitional care provider must:
(a) Abide by the responsibilities described
in the OYA Transitional Care Provider Agreement. This agreement must be signed
at the time of initial certification and annually thereafter;
(b) Establish a system for a youth offender
to notify the youth offender's transitional care provider of the youth
offender's whereabouts at all times;
(c) Be accessible to youth offenders 24 hours
per day so a youth offender may contact the transitional care provider in case
of an emergency or other needs; and
(d) Respect and support the youth offender's
relationship with his or her family by assisting OYA staff and the youth
offender in planning and implementing visits between the youth offender and the
youth offender's family as indicated by the youth offender's case plan, or the
youth offender's JPPO.
(7) A transitional care provider must provide
structure, accountability, and supervision designed to promote the development
of independent living skills as identified in the youth offender's case
plan.
(8) Respite transitional
care.
(a) A respite care provider who
provides care in his or her own home must have a current and valid OYA
Certificate that specifically authorizes the individual to provide transitional
care and serve youth offenders in his or her home.
(b) When transitional care providers are
absent from supervising youth offenders at home during the day, youth offenders
may remain in the transitional care home unsupervised if approved by the youth
offender's JPPO, foster home certifier and the transitional care provider. If a
youth offender's JPPO, foster home certifier, or transitional care provider
determines that supervision is required, an OYA-certified respite care provider
who is at least 25 years of age and capable of assuming transitional care
responsibilities must be present to supervise the youth offender. Any adult who
is at least 25 years of age and has obtained prior approval from the
transitional care provider, JPPO, and foster home certifier may provide
supervision of a youth offender in a transitional care home for three hours or
less.
(c) When a transitional care
provider plans to be absent from supervising youth offenders overnight or
longer, the transitional care provider must provide OYA advance notice, and a
respite care provider must supervise the youth offenders during the absence.
The transitional care provider must provide the following information to OYA
when providing OYA with such notice: the dates of absence; the telephone number
where the transitional care provider may be reached; and the name, telephone
number, and home address of the OYA-certified respite care provider.
(9) Food and nutrition. A
transitional care provider must:
(a) Provide
an appropriate quantity and quality of food. Transitional care providers are
not required to provide prepared meals to youth offenders;
(b) Assist youth offenders with meal
planning, and may provide meal preparation instruction;
(c) Provide youth offenders daily access to
kitchen facilities to prepare meals and snacks; and
(d) Assist youth offenders to meet any
special or cultural dietary needs of the youth offenders, including those
ordered by a physician.
(10) Clothing and personal belongings. A
transitional care provider must:
(a) Ensure
each youth offender has adequate clothing that is appropriate to the youth
offender's age, gender, and individual needs;
(b) Help facilitate youth offenders' money
management skills to prepare for independent living and to meet any
court-ordered financial obligations; and
(c) Provide each youth offender with
individual, culturally-specific items necessary for personal care and
grooming.
(11)
Transitional care providers must ensure youth offenders have access to
necessary transportation.
(12)
Transitional care providers must report to OYA when a youth offender needs
corrective or follow-up medical, mental health, or dental care, and assist
youth offenders in arranging necessary care.
(13) Transitional care providers must assist
youth offenders in understanding the purpose of medications, medication side
effects, and how to manage their medications. Either a transitional care
provider or the youth offender may administer the youth offender's daily dosage
of medication. If the youth offender self-administers the daily dosage, the
transitional care provider must verify that the youth offender
self-administered the correct dosage. Youth offenders placed in transitional
care homes may have access to over-the-counter medications.
(14) Transitional care providers must assist
youth offenders in pursuing educational and vocational interests and
opportunities in accordance with the youth offender's case plan.
(15) Transitional care providers must
encourage youth offenders to develop and participate in prosocial leisure and
community activities.
(16) Youth
offenders in transitional care homes may have unsupervised access to swimming
pools and hot tubs if approved by the transitional care provider and
JPPO.
(17) Bedroom doors in
transitional care homes may have locks if approved by the foster care
certifier. A transitional care provider must have access to any locked
room.
(18) A youth offender in a
transitional care home may have access to domestic cleaning supplies. The
transitional care provider must instruct youth offenders in the proper use of
such supplies.
Stat. Auth.: ORS
420A.025
Stats. Implemented: ORS
420.888 -
420.892