Current through Register Vol. 63, No. 9, September 1, 2024
An outdoor youth program must comply with all of the following
requirements:
(1) If a child in care
refuses or is unable to hike, a contingency plan must be developed based on
Department approved policies and procedures. The contingency plan must ensure
that if the group of children in care is split, there is proper staff coverage
for each group of children in care, and communication between the groups of
children in care is maintained.
(2)
Physical assist.
(a) "Physical assist" means
action by staff members to physically aid, support, or redirect children in
care who are not resisting. A physical assist includes staff leading children
in care along the trail, moving the child in care to his or her campsite by
gently pulling on a backpack strap, guiding him or her by the hand or elbow, or
placing a hand on the child in care's back. The child in care may not want to
be physically assisted, but he or she does not offer resistance.
(b) Appropriate use of a physical assist
occurs when staff members physically aid, support, or redirect children in care
who are not physically resisting. If a child in care resists reasonable staff
direction, staff must assess whether the use of restraint is warranted based on
the written nonviolent restraint policy of the outdoor youth program. An
intervention becomes a physical restraint when the child in care resists, has
"dug in his or her heels", and is propelled or held still against that
resistance. Staff members must comply with all applicable physical restraint
regulations, including OAR 419-400-0150.
(3) Time out.
(a) For purposes of this rule, "time out"
means imposed separation of a child in care from any group activity or contact
as a means of behavior management.
(b) An outdoor youth program may use time out
only when a child in care's behavior is disruptive to the child in care's
ability to learn, to participate appropriately, or to function appropriately
with other child in care or the activity.
(c) The outdoor youth program must designate
a staff member to be responsible for visually observing the child in care at
random intervals at least every 15 minutes.
(d) If the duration of a time out exceeds one
hour, or there is visual separation of the child in care, the outdoor youth
program must write an incident report in sufficient detail to provide a clear
understanding of the incident or behavior which resulted in the child in care
being placed in time out, and staff's attempts to help the child in care avoid
time out. The child in care's legal guardians must be provided with a copy of
the documentation of each time out under this subsection within 72
hours.
(e) The outdoor youth
program must reintroduce a child in care to the group in a sensitive and
non-punitive manner as soon as control is regained.
(f) If there are timeouts equaling more than
3 hours within a 24 hour period, the executive director or designee must
conduct a review to determine the suitability of the child in care remaining in
the outdoor youth program, whether modifications to the child in care's plan
are warranted, and whether staff need additional training in alternative
therapeutic behavior management techniques. The outdoor youth program must take
appropriate action as a result of the review.
(g) Time outs may be assigned by staff or
self-imposed.
(h) Children in care
may not be physically restrained because the child in care leaves an assigned
time-out.
Statutory/Other Authority: ORS
409.050, ORS
418.005 & ORS
418.240
Statutes/Other Implemented: ORS
418.990 - 418.998, ORS
409.010 & ORS
418.205 -
418.325