Oregon Administrative Rules
Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY
Division 470 - RESIDENTIAL CARE AGENCIES
Section 419-470-0160 - Consents, Disclosures, and Authorizations
Universal Citation: OR Admin Rules 419-470-0160
Current through Register Vol. 63, No. 9, September 1, 2024
(1) Consents. For each child in care in placement with a residential care agency, the residential care agency must ensure that a parent or legal guardian signs a consent that authorizes the residential care agency to undertake each of the following:
(a) To provide routine and emergency medical
care. However, if the parent or legal guardian relies on prayer or spiritual
means for healing in accordance with the creed or tenets of a well-recognized
religion or denomination, the residential care agency is not required to use
medical, psychological or rehabilitative procedures, unless the child in care
is old enough to consent to these procedures and does so. The residential care
agency must have policies and procedures for this practice, which are reviewed
and approved by the child in care's parent or legal guardian.
(b) To use the discipline and behavior
management system of the residential 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 residential care agency.
(d) To restrict the child's contact with
persons outside the residential care agency, including but not limited to,
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
419-400-0240.
(e) To allow access
to a child in care as required in ORS
418.305 and OAR 419-400-0230 and
419-400-0240.
(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 to parent or legal guardian. At the time a residential care agency takes a child in care into placement, the residential 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:
(a) 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 residential care
agency for any program-initiated room or body search.
(b) A statement concerning the rights of
children in care and parents or legal guardians served by the residential care
agency as provided in OAR 419-400-0090. The statement must be written in a
manner that is easy to understand, and the residential care agency must ensure
that the child and the parent or legal guardian understand the
statement.
(c) The residential 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) Written authorizations to
exchange information with others must be filled out prior to signatures being
requested.
(b) All child-specific
visitors must be approved or authorized by the parent or legal guardian, except
access to a child in care must be provided as required in ORS
418.305 and OAR 419-400-0230 and
419-400-0240.
(c) Visitation
resources must be pre-approved by the child's parent or legal guardian and the
identity of these resources verified by the residential care agency in
care.
(d) Activity-specific
authorizations must be pre-approved by the child in care's parent or legal
guardian to allow children to participate 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 child in care's parent or legal
guardian.
Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.327, ORS 418.305 & ORS 418.240
Statutes/Other Implemented: ORS 418.205 - 418.327
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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