OAR 413-215-0076
Licensing Umbrella Rules: Discipline, Behavior Management, and Suicide Prevention (Excluding Adoption Agencies)

(1) A child-caring agency, except a child-caring agency licensed only to provide adoption services under 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), must adopt and adhere to written policies and procedures on discipline, behavior management, and suicide prevention that meet all of the requirements of this rule.
(a) Copies of the policies and procedures must be provided to the Department as provided in OAR 413-215-0081 (Licensing Umbrella Rules: Application for License, Renewal, or to Add a Program) and any time policies are adopted or amended.

(b)

The discipline and behavior management policies and procedures must prohibit the following:
(A) Spanking, hitting, or striking with an instrument.
(B) Committing an act designed to humiliate, ridicule, or degrade a child in care or undermine the self-respect of a child in care.
(C) Punishing a child in care in the presence of a group or punishment of a group for the behavior of one child in care.
(D) Depriving a child in care of food, clothing, shelter, bedding, rest, sleep, toilet access, or parental contact.
(E) Assigning extremely strenuous exercise or work or requiring a child in care to spend prolonged time in one position likely to produce unreasonable discomfort.
(F) Using physical restraint (see paragraph (3)(d)(A) of this rule) or seclusion as discipline.
(G) Permitting or directing a child in care to punish another child in care.
(H) Using any other kind of harsh punishment.
(I) Denying a parent, guardian, or sibling the right to visit or communicate with a child in care solely as a disciplinary measure against the child in care.

(J)

Aversive conditions, which includes, but is not limited to, any technique designed to or likely to cause a child physical pain, the application of startling stimuli, and the release of noxious stimuli or toxic sprays, mists, or substances in proximity to the child in care.

(2)

Discipline Policy. A child-caring agency must incorporate into the program’s care-giving practices positive nonpunitive discipline and ways of helping a child in care build positive personal relationships, self-control, and self-esteem.

(3)

Behavior Management.
(a) The behavior management policy of the child-caring agency must identify appropriate and positive methods of behavior management based on a child’s needs, developmental level, and behavior.
(b) The policies must include a description of the model, program, or techniques used and its use of each of the following:
(A) Nonviolent crisis intervention. For purposes of this rule, “nonviolent crisis intervention” means a nationally recognized, holistic system for defusing escalating behavior and safely managing physically aggressive behavior. The agency’s choice of a “nonviolent crisis-intervention system” must be conveyed to and approved by the Department.
(B) Use of time out, if applicable.
(C) Use of restraints, if applicable.
(i) Chemical restraint, meaning the administration of medication for the management of uncontrolled behavior, is prohibited. Chemical restraint is different from the use of medication for treatment of symptoms of severe emotional disturbances or disorders.
(ii) Mechanical restraint, meaning the use of any physical device to involuntarily restrain the movement of a child in care as a means of controlling his or her physical activities, is prohibited.
(D) Use of seclusion, if applicable.
(c) Time out.
(A) For the purpose of this rule, “time out” means restricting a child in care to a designated area for a period of time to give the child in care an opportunity to regain self-control.
(B) “Time out” must include frequent contact with staff.
(C) Rooms used for “time out” must have adequate space, temperature, light, and ventilation, and must not be capable of locking.
(D) “Time out” episodes must be documented in the child in care’s record.
(d) Physical restraint.
(A) For the purposes of this rule, “physical restraint” means the act of restricting a child in care’s voluntary movement to manage and protect the child in care or others from injury when no alternate actions are sufficient to manage the child in care’s behavior. “Physical restraint” does not include temporarily holding a child in care in an emergency to assist him or her or assure his or her safety, such as preventing a child in care from running onto a busy street.
(B) Only child-caring agency staff and proctor foster parents who have been trained in a nationally recognized nonviolent crisis-intervention system may use physical restraint and only when physical restraint is necessary as a last resort to prevent a child in care from inflicting harm to self or others. The restraint must be conducted within the parameters of the nationally recognized system in which the staff or proctor foster parent is trained.
(C) The child-caring agency must report each use of physical restraint on a child in care to the child in care’s parent or legal guardian, caseworker, or probation officer within five working days, and must document the notification in the child in care’s case file.
(D) Any use of physical restraint by a staff member or proctor foster parent of the child-caring agency, if the member is not trained in a nationally recognized nonviolent crisis intervention system, must also be reported to a Department licensing coordinator within one working day of occurrence.
(E) Limitations. The child-caring agency must have a policy that prohibits the application of a nonviolent physical restraint to a child in care who has a documented physical condition that would contraindicate the use of that particular restraint, unless a qualified medical professional has previously and specifically authorized its use in writing for that child in care. Documentation of the authorization must be maintained in the child in care’s record.
(F) Physical Restraint Documentation. The policies of the child-caring agency must require a report on an incident report form of behavior that required the use of physical restraint. The report must include the specific attempts to de-escalate the situation before using physical restraint and the length of time the physical restraint was applied. The report must include the time the restraint started and the time it was terminated, the debriefing completed with the staff and child in care involved in the physical restraint, and documentation of a review by the executive director, program director, or designee.
(G) Review. The policies of the child-caring agency must require that whenever a physical restraint is used on a child in care more than two times in seven days, there is a review by the executive director, the director’s designee, or a management team to determine the suitability of the program for the child in care, whether modifications to the child in care’s plan are warranted, and whether staff need additional training in alternative therapeutic behavior management techniques. The child-caring agency must take appropriate action indicated by the review.
(e) Seclusion.
(A) For the purposes of this rule, “seclusion” means that a child in care is involuntarily confined to an area or room and is physically prevented from leaving.
(B) Rooms used for seclusion must have adequate space, temperature, light, and ventilation.
(C) Seclusion may only be used to ensure the safety of the resident or others during an emergency safety situation.
(D) Episodes of seclusion are limited to two hours for children in care age nine and older and one hour for children in care under the age of nine.
(E) Visual monitoring of a child in care in seclusion must occur and be documented at least every 15 minutes.
(F) Each incident of seclusion must be documented in the child in care’s clinical record and must include the clinical justification for its use.
(G) If incidents of seclusion used with an individual child in care cumulatively exceed five hours in five days, or a single episode of more than two hours for children in care age nine and older or more than one hour for children in care under age nine, the executive director or designee must review the case with those with clinical leadership responsibilities to evaluate the child in care’s plan of care and make necessary adjustments.
(f) If the child-caring agency utilizes seclusion and restraint as part of its behavior management practices, its use of seclusion and restraint must be in compliance with all applicable federal and state regulations and rules.
(4) Suicide Prevention. The policy must include the following:
(a) How the child-caring agency will respond in the event a child in care exhibits self-injurious, self-harm, or suicidal behavior;
(b) Warning signs of suicide;
(c) Emergency protocol and contacts;
(d) Training requirements for staff, including suicide prevention training and suicide risk assessment tool training;
(e) Procedures for determining implementation of additional supervision precautions and for determining removal of additional supervision precautions;
(f) Suicide risk assessment procedures on the day of intake;
(g) Documentation requirements for suicide ideation, self-harm, and special observation precautions to ensure immediate communication to all staff;
(h) A process for tracking suicide behavioral patterns; and
(i)
A “post-intervention” plan with identified resources.

Source: Rule 413-215-0076 — Licensing Umbrella Rules: Discipline, Behavior Management, and Suicide Prevention (Excluding Adoption Agencies), https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=413-215-0076.

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 413-215-0076’s source at or​.us