OAR 413-215-0001
Licensing Umbrella Rules: Regulation of Child-Caring Agencies

(1) The Department is required to regulate and license certain organizations and agencies that care for children. The rules in OAR chapter 413, division 215 establish the requirements of the Department for obtaining and maintaining the required license, and the policies of the Department required by 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).
(2) These umbrella rules (OAR 413-215-0001 (Licensing Umbrella Rules: Regulation of Child-Caring Agencies) to 413-215-0136 (Licensing Umbrella Rules: Notifications Involving a Child-caring Agency)) apply to all of the following types of child-caring agencies:
(a) An adoption agency (further regulated by OAR 413-215-0401 (Adoption Agencies: What Law Applies) to 413-215-0481 (Adoption Agencies: Services to Children from the United States Placed in Other Countries)).
(b) A foster care agency (further regulated by OAR 413-215-0301 (Foster Care Agencies, What Law Applies) to 413-215-0396 (Foster Care Agencies: Information About Children in Care Placed in Physical Custody of the Foster Care Agency)).
(c) A residential care agency (further regulated by OAR 413-215-0501 (Residential Care Agencies: What Law Applies) to 413-215-0586 (Residential Care Agencies: Notification to Public Schools)).
(d) An outdoor youth program (further regulated by 413-215-0901 (Outdoor Youth Programs: Applicability and General Provisions) to 413-215-1031 (Outdoor Youth Programs: Behavior Management)).
(e) A day treatment agency (further regulated by OAR 413-215-0801 (Day Treatment Agencies: What Law Applies) to 413-215-0876).
(f) A homeless, runaway, and transitional living shelter (further regulated by OAR 413-215-0701 (Homeless, Runaway, and Transitional Living Shelters: What Law Applies) to 413-215-0766 (Homeless, Runaway, and Transitional Living Shelters: Environmental Health)).
(g) An academic boarding school (further regulated by OAR 413-215-0201 (Academic Boarding Schools: What Law Applies) to 413-215-0276 (Academic Boarding Schools: Information about Children in Care)).
(h) A therapeutic boarding school (further regulated by OAR 413-215-0601 (Therapeutic Boarding Schools: What Law Applies) to 413-215-0681 (Therapeutic Boarding Schools: Information about Children in Care with the Therapeutic Boarding School)).
(i) A private school, agency, or organization providing similar care or services for children as the schools, agencies, or organizations described in subsections (a) to (h) of this section or that otherwise meets the definition of a child-caring agency 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)(2)(a).
(3) A child-caring agency must comply with all of the Department rules that apply to the child-caring agency.
(4) All child-caring agencies, their governing boards, and executive director, and program director, employees, contractors, and agents shall ensure the following standards, procedures, and protocols are met:
(a) The child-caring agency ensures child and family rights.
(b) The child-caring agency complies with abuse reporting and investigation requirements including, but not limited to, having and following abuse reporting procedures as required in OAR 413-215-0056 (Licensing Umbrella Rules: Policies and Procedures) and providing training as required in OAR 413-215-0061 (Licensing Umbrella Rules: Personnel).
(c) The child-caring agency engages in and applies appropriate behavior management techniques.
(d) The child-caring agency provides adequate furnishings and personal items for children.
(e) The child-caring agency provides appropriate food services.
(f) The child-caring agency ensures the safety of children, including ensuring adequate supervision.
(g) The agency utilizes approved procedures and protocols for use of medications for children receiving care or services from the child-caring agency.
(h) The child-caring agency or the child-caring agency’s employees or agents have not engaged in financial mismanagement.
(i) The child-caring agency fully and timely corrects violations and maintains standards in accordance with any plan of correction imposed by the Department.
(j) The child-caring agency provides access to a child in care or the child-caring agency’s premises to the Department or the Department’s employees, investigators, court appointed special advocates, attorneys for a child in care, the parent or legal guardian of the child in care if the child in care has not been committed to the custody of the Department or the Oregon Youth Authority, or other authorized persons or entities as required under ORS 418.305 (Access to child receiving care or services) and OAR 413-215-0091 (Licensing Umbrella Rules: Responsibilities of Licensees) and 413-215-0101 (Licensing Umbrella Rules: Periodic Inspections).
(k) The child-caring agency permits the Department to inspect agency records including, but not limited to, financial records, treatment records, services delivery records, logs, incident reports, case notes, medication records, and medical treatment records.
(L) The child-caring agency is incorporated as required by ORS 418.215 (Child-caring agency to be licensed, certified or authorized) and OAR 413-215-0016 (Licensing Umbrella Rules: Requirements Related to Corporation Status).
(m) The child-caring agency is in full compliance with the standards of care and treatment in these rules.

(5)

Department staff responsible for the regulation and oversight of child-caring agencies must review licensing applications, conduct on-site inspections, investigate complaints, and carry out all other duties necessary to ensure the safe operation of child-caring agencies. The Department will measure the time and resources needed to carry out these duties to create a workload model. The workload model will guide the Department when seeking additional resources to meet the Department’s regulatory oversight responsibilities under Oregon law.

Source: Rule 413-215-0001 — Licensing Umbrella Rules: Regulation of Child-Caring Agencies, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=413-215-0001.

413‑215‑0000
Definitions 413‑215‑0001
Licensing Umbrella Rules: Regulation of Child-Caring Agencies 413‑215‑0011
Licensing Umbrella Rules: Requirement to Obtain and Comply with License 413‑215‑0016
Licensing Umbrella Rules: Requirements Related to Corporation Status 413‑215‑0021
Licensing Umbrella Rules: Governance 413‑215‑0026
Licensing Umbrella Rules: Financial Management 413‑215‑0031
Licensing Umbrella Rules: Respect of Children in Care 413‑215‑0036
Licensing Umbrella Rules: Conflict of Interest 413‑215‑0041
Licensing Umbrella Rules: Code of Ethics 413‑215‑0046
Licensing Umbrella Rules: Children and Families Rights Policy and Grievance Procedures 413‑215‑0051
Licensing Umbrella Rules: Resources Required 413‑215‑0056
Licensing Umbrella Rules: Policies and Procedures 413‑215‑0061
Licensing Umbrella Rules: Personnel 413‑215‑0066
Licensing Umbrella Rules: Privacy 413‑215‑0071
Licensing Umbrella Rules: Records and Documentation 413‑215‑0076
Licensing Umbrella Rules: Discipline, Behavior Management, and Suicide Prevention (Excluding Adoption Agencies) 413‑215‑0079
Licensing Umbrella Rules: Safety 413‑215‑0081
Licensing Umbrella Rules: Application for License, Renewal, or to Add a Program 413‑215‑0086
Licensing Umbrella Rules: Issuance of License 413‑215‑0091
Licensing Umbrella Rules: Responsibilities of Licensees 413‑215‑0101
Licensing Umbrella Rules: Periodic Inspections 413‑215‑0106
Licensing Umbrella Rules: Investigation of Complaints 413‑215‑0111
Licensing Umbrella Rules: Corrective Actions 413‑215‑0116
Licensing Umbrella Rules: Civil Penalties 413‑215‑0121
Licensing Umbrella Rules: Denial, Suspension, or Revocation of License and Placing Conditions on a License 413‑215‑0126
Licensing Umbrella Rules: Temporary, Inactive, and Amended Licenses 413‑215‑0131
Licensing Umbrella Rules: Exceptions 413‑215‑0136
Licensing Umbrella Rules: Notifications Involving a Child-caring Agency 413‑215‑0201
Academic Boarding Schools: What Law Applies 413‑215‑0211
Academic Boarding Schools: Educational Services 413‑215‑0216
Academic Boarding Schools: Physical Plant Requirements 413‑215‑0218
Academic Boarding Schools: Room and Space Requirements 413‑215‑0221
Academic Boarding Schools: Furnishings and Personal Items for Children in Care 413‑215‑0226
Academic Boarding Schools: New Facility or Remodel 413‑215‑0231
Academic Boarding Schools: Environmental Health 413‑215‑0236
Academic Boarding Schools: Food Services 413‑215‑0241
Academic Boarding Schools: Safety 413‑215‑0246
Academic Boarding Schools: Health Services 413‑215‑0251
Academic Boarding Schools: Medication 413‑215‑0261
Academic Boarding Schools: Minimum Staffing Requirements 413‑215‑0266
Academic Boarding Schools: Separation of Children 413‑215‑0271
Academic Boarding Schools: Consents, Disclosures, and Authorizations 413‑215‑0276
Academic Boarding Schools: Information about Children in Care 413‑215‑0301
Foster Care Agencies, What Law Applies 413‑215‑0311
Foster Care Agencies: License Requirements 413‑215‑0313
Foster Care Agencies: Personal Qualifications Required for Approved Proctor Foster Parents 413‑215‑0316
Foster Care Agencies: Assessment and Approval of Proctor Foster Homes 413‑215‑0318
Foster Care Agencies: Standards for the Proctor Foster Home Environment 413‑215‑0321
Foster Care Agencies: Orientation for Proctor Foster Home Applicants 413‑215‑0326
Foster Care Agencies: Training for Parents in Proctor Foster Care 413‑215‑0331
Foster Care Agencies: Annual Review and Approval 413‑215‑0336
Foster Care Agencies: Complaints about Proctor Foster Homes 413‑215‑0341
Foster Care Agencies: Closures of Proctor Foster Homes 413‑215‑0349
Foster Care Agencies: Notifications Required of Proctor Foster Home Parents 413‑215‑0351
Foster Care Agencies: Records of Proctor Foster Homes 413‑215‑0356
Foster Care Agencies: Placement of a Child with a Proctor Foster Home 413‑215‑0361
Foster Care Agencies: Documentation Required When a Foster Care Agency Changes a Placement 413‑215‑0366
Foster Care Agencies: Respite Care 413‑215‑0371
Foster Care Agencies: Training of Foster Care Agency Staff 413‑215‑0376
Foster Care Agencies: Health Services 413‑215‑0381
Foster Care Agencies: Medication 413‑215‑0386
Foster Care Agencies: Referral and Initial Evaluation of Children in Care 413‑215‑0391
Foster Care Agencies: Consents, Disclosures, and Authorizations 413‑215‑0396
Foster Care Agencies: Information About Children in Care Placed in Physical Custody of the Foster Care Agency 413‑215‑0401
Adoption Agencies: What Law Applies 413‑215‑0411
Adoption Agencies: Information and Reporting Requirements of an Adoption Agency 413‑215‑0416
Adoption Agencies: Adoption Agency Staff 413‑215‑0421
Adoption Agencies: Staff Training Requirements 413‑215‑0426
Policies and Procedures for Adoption Agencies 413‑215‑0431
Records Requirements for Adoptions 413‑215‑0436
Adoption Agencies: Services Prohibited 413‑215‑0441
Services for Birth Parents Considering Domestic Adoption 413‑215‑0446
Adoption Agencies: Adoptive Family Recruitment and Screening 413‑215‑0451
Adoption Agencies: Adoptive Home Requirements 413‑215‑0456
Adoption Agencies: Information, Education, and Training for Adoptive Parents 413‑215‑0461
Adoption Agencies: Evaluation and Selection of Adoptive Family 413‑215‑0466
Adoption Agencies: Domestic Adoptive Placement Requirements 413‑215‑0471
Adoption Agencies: Adoption Finalization Requirements 413‑215‑0476
Adoption Agencies: Intercountry Adoptions 413‑215‑0481
Adoption Agencies: Services to Children from the United States Placed in Other Countries 413‑215‑0501
Residential Care Agencies: What Law Applies 413‑215‑0511
Residential Care Agencies: Physical Plant Requirements 413‑215‑0516
Residential Care Agencies: Room and Space Requirements 413‑215‑0521
Residential Care Agencies: Furnishings and Personal Items 413‑215‑0526
Residential Care Agencies: New Facility or Remodel 413‑215‑0531
Residential Care Agencies: Environmental Health 413‑215‑0536
Residential Care Agencies: Food Services 413‑215‑0541
Residential Care Agencies: Safety 413‑215‑0546
Residential Care Agencies: Health Services 413‑215‑0551
Residential Care Agencies: Medication 413‑215‑0554
Residential Care Agencies: Extracurricular, Enrichment, Cultural, and Social Activities 413‑215‑0556
Residential Care Agencies: Staff Training 413‑215‑0561
Residential Care Agencies: Minimum Staffing Requirements 413‑215‑0566
Residential Care Agencies: Separation of Residents 413‑215‑0571
Residential Care Agencies: Referral and Initial Evaluation of Children 413‑215‑0576
Residential Care Agencies: Consents, Disclosures, and Authorizations 413‑215‑0581
Residential Care Agencies: Information About Children in Care 413‑215‑0586
Residential Care Agencies: Notification to Public Schools 413‑215‑0601
Therapeutic Boarding Schools: What Law Applies 413‑215‑0611
Therapeutic Boarding Schools: Educational Services 413‑215‑0616
Therapeutic Boarding Schools: Physical Plant Requirements 413‑215‑0618
Therapeutic Boarding Schools: Room and Space Requirements 413‑215‑0621
Therapeutic Boarding Schools: Furnishings and Personal Items for Children in Care 413‑215‑0626
Therapeutic Boarding Schools: New Facility or Remodel 413‑215‑0631
Therapeutic Boarding Schools: Environmental Health 413‑215‑0636
Therapeutic Boarding Schools: Food Services 413‑215‑0641
Therapeutic Boarding Schools: Safety 413‑215‑0646
Therapeutic Boarding Schools: Health Services 413‑215‑0651
Therapeutic Boarding Schools: Medication 413‑215‑0656
Therapeutic Boarding Schools: Staff Training 413‑215‑0661
Therapeutic Boarding Schools: Minimum Staffing Requirements 413‑215‑0666
Therapeutic Boarding Schools: Separation of Children in Care 413‑215‑0671
Therapeutic Boarding Schools: Referral and Initial Evaluation of Children in Care 413‑215‑0676
Therapeutic Boarding Schools: Consents, Disclosures, and Authorizations 413‑215‑0681
Therapeutic Boarding Schools: Information about Children in Care with the Therapeutic Boarding School 413‑215‑0701
Homeless, Runaway, and Transitional Living Shelters: What Law Applies 413‑215‑0716
Homeless, Runaway, and Transitional Living Shelters: Client Rights 413‑215‑0721
Homeless, Runaway, and Transitional Living Shelters: Staffing Requirements 413‑215‑0726
Homeless, Runaway, and Transitional Living Shelters: Staff Development and Training 413‑215‑0731
Homeless, Runaway, and Transitional Living Shelters: Admissions and Assessments 413‑215‑0736
Homeless, Runaway, and Transitional Living Shelters: Service Planning 413‑215‑0741
Homeless, Runaway, and Transitional Living Shelters: Client Files 413‑215‑0746
Homeless, Runaway, and Transitional Living Shelters: Medication Storage and Dispensing 413‑215‑0751
Homeless, Runaway, and Transitional Living Shelters: Health and Hygiene 413‑215‑0756
Homeless, Runaway, and Transitional Living Shelters: Grouping 413‑215‑0761
Homeless, Runaway, and Transitional Living Shelters: Safety 413‑215‑0766
Homeless, Runaway, and Transitional Living Shelters: Environmental Health 413‑215‑0801
Day Treatment Agencies: What Law Applies 413‑215‑0811
Day Treatment Agencies: Staff Qualifications and Minimum Staffing Requirements 413‑215‑0816
Day Treatment Agencies: Physical Plant Requirements 413‑215‑0821
Day Treatment Agencies: Building Plans for New Facility or Remodel 413‑215‑0826
Day Treatment Agencies: Environmental Health 413‑215‑0831
Day Treatment Agencies: Food Services 413‑215‑0836
Day Treatment Agencies: Safety 413‑215‑0841
Day Treatment Agencies: Health Services 413‑215‑0846
Day Treatment Agencies: Medication 413‑215‑0851
Day Treatment Agencies: Policies and Procedures 413‑215‑0856
Day Treatment Agencies: Educational Services 413‑215‑0901
Outdoor Youth Programs: Applicability and General Provisions 413‑215‑0916
Outdoor Youth Programs: Administration 413‑215‑0918
Outdoor Youth Programs: Consents, Disclosures, and Authorizations 413‑215‑0921
Outdoor Youth Programs: Participant Clothing, Equipment, and Supplies 413‑215‑0926
Outdoor Youth Programs: Water Requirements 413‑215‑0931
Outdoor Youth Programs: Nutritional Requirements 413‑215‑0936
Outdoor Youth Programs: Safety 413‑215‑0941
Outdoor Youth Programs: Potential Weapons 413‑215‑0946
Outdoor Youth Programs: Contraband 413‑215‑0956
Outdoor Youth Programs: Transportation 413‑215‑0961
Outdoor Youth Programs: Health Services 413‑215‑0966
Outdoor Youth Programs: Staff Qualifications and Requirements 413‑215‑0971
Outdoor Youth Programs: Staff Health Requirements 413‑215‑0976
Outdoor Youth Programs: Physical Activity Limits and Requirements 413‑215‑0981
Outdoor Youth Programs: Staff Training 413‑215‑0986
Outdoor Youth Programs: Staff Ratios 413‑215‑0991
Outdoor Youth Programs: Age Grouping 413‑215‑0992
Outdoor Youth Programs: Referral and Initial Evaluation of Youth 413‑215‑0996
Outdoor Youth Programs: Program Services 413‑215‑1001
Outdoor Youth Programs: Critical Incident Program 413‑215‑1006
Outdoor Youth Programs: Field Activities 413‑215‑1011
Outdoor Youth Programs: Communication 413‑215‑1016
Outdoor Youth Programs: Work 413‑215‑1021
Outdoor Youth Programs: Animals and Pets 413‑215‑1026
Outdoor Youth Programs: Solo Experiences 413‑215‑1031
Outdoor Youth Programs: Behavior Management
Last Updated

Jun. 8, 2021

Rule 413-215-0001’s source at or​.us