Oregon Administrative Rules
Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY
Division 440 - FOSTER CARE AGENCIES
Section 419-440-0200 - Foster Care Agencies: Consents, Disclosures, and Authorizations
Universal Citation: OR Admin Rules 419-440-0200
Current through Register Vol. 63, No. 3, March 1, 2024
(1) Consents. For each child in care taken into the physical custody of a foster care agency, the foster care agency must ensure that a parent or legal guardian signs a consent that authorizes under what circumstances the foster care agency may undertake each of the following, as applicable:
(a) To
provide routine and emergency medical care. If a foster care agency relies on
prayer or spiritual means for healing in accordance with the creed or tenets of
a well-recognized religion or denomination, the foster care agency may not
require medical, psychological, or rehabilitative procedures. The foster care
agency must have policies and procedures for this practice, which are reviewed
and approved by the parent or legal guardian of the child in care.
(b) To use the discipline and behavior
management systems of the foster care agency, utilized by the foster care
agency.
(c) To use restraint or
involuntary seclusion in the management of the child in care. The consent must
specify the reasons such interventions are used by the foster care agency and
how the employees of the foster care agency and proctor foster home parents are
trained and supervised in the use of restraint or involuntary
seclusion.
(d) To restrict the
child in care's contact with persons outside the foster care agency and the
proctor foster home, including visits, telephone communication, electronic
mail, and postal mail, except that access to a child in care must be allowed as
provided in ORS 418.305 and OAR 419-400-0230 and
419-400-0101.
(e) To allow access
to a child in care as required in ORS
418.305 and OAR 413-215-0091 and
413-215-0240.
(f) To impose a dress
code.
(g) To apply the reasonable
and prudent parent standard to determine whether the child in care is allowed
to participate in age-appropriate or developmentally appropriate activities,
including extracurricular, enrichment, cultural, and social
activities.
(2) Disclosures. At admission, the foster care agency must ensure that each parent or legal guardian of the child in care receives and acknowledges in writing the receipt of each of the following policies and requirements of the foster care agency:
(a) Mandatory child abuse reporting
requirements.
(b) Information
regarding any personal or room searches and protocols for confiscation of
contraband items, including the notification of law enforcement if illegal
contraband is discovered. This information will include the procedures and
rationales of the foster care agency for any program-initiated room or body
search.
(c) A statement concerning
the rights of children in care and parents or legal guardians served by the
foster care agency as provided in OAR 419-400-0090. The statement must be
written in a manner that is easy to understand, and the foster care agency must
ensure that the child in care and the parent or legal guardian understand the
statement and the requirement that the foster care agency afford the children
in care each of these rights.
(d)
The grievance policies and procedures of the foster care agency.
(e) The foster care agency will make any
written policy or procedure pertaining to program services available for review
by the child in care, parent, or legal guardian, upon request.
(3) Authorizations.
(a) Authorization to disclose information
from other service providers must be filled out prior to signatures being
requested and be specific to one other provider. Information may only be
requested on a need-to-know basis.
(b) All child-specific visitors of the child
in care must be approved or authorized by the parent or legal guardian, except
court appointed special advocates (CASA), Department Ombudsman, and attorneys
appointed to represent the child.
(c) Visitation resources must be pre-approved
by the parent or legal guardian of the child in care and the identity of these
resources verified by the foster care agency.
(d) Activity-specific authorizations must be
pre-approved by the parent or legal guardian of the child in care to allow
participation in potentially hazardous activities, such as using motorized yard
equipment, swimming, and horseback riding.
(e) All other required authorizations must be
pre-approved by the parent or legal guardian of the child in care.
Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.248 & ORS 418.240
Statutes/Other Implemented: ORS 418.205 - 418.325
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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