OAR 413-070-1080
Placement of a Child or Young Adult in a Congregate Care Residential Setting
(1)
The Department may only place a child or young adult who is in the care or custody of the Department in a congregate care residential setting if the setting is:(a)
A child-caring agency as defined in OAR 413-215-0000 (Definitions) (10);(b)
A hospital as defined in ORS 442.015 (Definitions); or(c)
A rural hospital as defined in ORS 442.470 (Definitions for ORS 442.470 to 442.507).(2)
The Department may only place a child or young adult in a child-caring agency as described in subsection of (1) (a) of this rule if the setting is:(a)
A Qualified Residential Treatment Program (QRTP);(b)
A setting specializing in providing prenatal, post-partum, or parenting supports for a child or young adult;(c)
An independent residence facility as described in ORS 418.475 (Independent residence facilities);(d)
A setting providing high-quality residential care and supportive services to a child or young adult who has been found to be, or is at risk of becoming, a sex trafficking victim;(e)
A residential care agency as described in ORS 419B.354 (Placement in congregate care residential setting) (3) (d), and the Oregon Health Authority has approved the placement as medically necessary for a child or young adult;(f)
An adolescent residential substance use disorder treatment program as defined by OAR 309-018-0105 (Definitions) (66), and the court has approved, or approval is pending for, the placement of a child or young adult for whom the Department retains jurisdiction;(g)
A residential care agency that provides short-term assessment and stabilization services for a child or young adult;(i)
A residential family-based program.(3)
The Department may only place a child or young adult in an out-of-state child-caring agency in accordance with subsection (3) of this rule if the out-of-state child-caring agency and the Department also meet the requirements under ORS 418.205 (Definitions for ORS 418.205 to 418.327, 418.470, 418.475, 418.950 to 418.970 and 418.992 to 418.998) to 418.327 (Licensing of private residential boarding schools) pertaining to the placement of a child or young adult in an out-of-state child-caring agency.(4)
The Department may not place a child or young adult in a residential care agency as described in subsection (2) (g) of this rule:(a)
For more than 60 consecutive days or 90 cumulative days in a 12-month period; or(b)
If the residential care agency also serves a child or young adult or a child or young adult offender served by the county juvenile department or a child or young adult offender committed to the custody of the Oregon Youth Authority by the court.(5)
The Department may not place a child or young adult in a homeless, runaway or transitional living shelter for more than 60 consecutive or 90 cumulative days in a 12-month period.(6)
Calculations of the number of days a child or young adult is placed in a homeless, runaway or transitional living shelter exclude the days the child or young adult is in the shelter if the child or young adult:(a)
Accessed the homeless, runaway or transitional living shelter without the support or direction of the Department; and(b)
Is a homeless or runaway child or young adult as defined in OAR 413-215-0000 (Definitions) (26).
Source:
Rule 413-070-1080 — Placement of a Child or Young Adult in a Congregate Care Residential Setting, https://secure.sos.state.or.us/oard/view.action?ruleNumber=413-070-1080
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