OAR 413-215-0061
Licensing Umbrella Rules: Personnel

(1) Staff requirements and hiring. To ensure that the child-caring agency uses only staff and volunteers who do not jeopardize the health, safety, or welfare of children, a child-caring agency and its contractors must meet all of the following requirements:
(a) Comply with the Department’s background check rules at OAR 407-007-0200 (Purpose and Scope) to 407-007-0370 (Variances).
(b) Obtain reference checks.
(c) Employ individuals who meet the staff minimum qualifications as stated in the current job description.
(2) Personnel policies of the child-caring agency and its contractors must include all of the following:
(a) For each staff position, a job title and a written job description that defines the qualifications, duties, and lines of authority for the position.
(b) A staff development plan providing for opportunities for professional growth through supervision, training, and experience.
(c) Procedures for a written annual evaluation of the work and performance of each staff member that include provision for employee participation in the evaluation process.
(d) A description of the termination procedures established for resignation, retirement, and dismissal.
(e) A written grievance procedure for staff.
(3) Personnel Files. The child-caring agency and its contractors must have a personnel file for each employee that is maintained for a minimum of two years after the termination date of each employee and includes all of the following:
(a) A record of education, training, and previous employment.
(b) Documentation of reference checks.
(c) Documentation that a background check was completed as required in OAR 407-007-0200 (Purpose and Scope) to 407-007-0370 (Variances).
(d) Annual performance evaluations.
(e) Ongoing record of training received.
(f) Records of personnel actions.
(g) Starting and termination dates, and reason for termination.
(h) A current job description.
(4) Staff orientation. A child-caring agency must provide training to each newly hired employee within 30 days of employment on all of the following subjects:
(a) Child-caring agency policies and procedures.
(b) Ethical and professional guidelines.
(c) Suicide prevention and intervention.
(d) Attributes of population served.
(e) Child-abuse reporting laws and requirements including the definitions of abuse that apply specifically to a child in care.
(f) Privacy laws.
(g) Emergency procedures.
(5) Child abuse reporting training: A child-caring agency must provide training and written materials on mandatory child abuse reporting responsibilities to all employees and, if applicable, proctor foster parents as part of initial orientation and annually thereafter. The training must include written instruction on the following:
(a) The definitions of child abuse in ORS 418.257 (Definitions for ORS 418.257 to 418.259) and 419B.005 (Definitions) that apply in child-caring agencies;
(b) The legal responsibility to immediately report suspected child abuse or neglect by calling the appropriate child abuse reporting hotline; and
(c) The legal responsibility to report child abuse is personal to the employee and, if applicable, the approved proctor foster parent and is not fulfilled by reporting the child abuse or neglect to the owner, operator, or any other employee of the child-caring agency even if the owner, operator, or other employee reports the child abuse to the Department.
(6) Contractor-related requirements.
(a) If a child-caring agency contracts with other private providers or individuals in lieu of or in addition to hiring permanent employees, the child-caring agency must ensure that the contractor meets the applicable requirements of this rule and the rules in OAR chapter 413, division 215 specific to the type of service the contractor provides.
(b) If the child-caring agency contracts to provide any of its services:
(A) The child-caring agency must ensure the contractor has a process to screen its employees for professional conduct and sufficient methods for holding its employees accountable.
(B) The contract between the child-caring agency and contractor must specify all of the following:
(i) The services the contractor provides.
(ii) The contractor’s fees.
(iii) Disclosure of information from the contractor to the agency.
(iv) Lines of authority between the contractor and the child-caring agency and among employees of the contractor in connection with the provision of services.
(v) Adherence to applicable Department rules and requirements, including, but not limited to the background check rules in OAR 407-007-0200 (Purpose and Scope) to 407-007-0370 (Variances).
(vi)
Any liability of the child-caring agency for acts of the contractor, any rights of indemnity, and any limitations on liability of the child-caring agency or contractor.

Source: Rule 413-215-0061 — Licensing Umbrella Rules: Personnel, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=413-215-0061.

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 413-215-0061’s source at or​.us