OAR 413-215-0318
Foster Care Agencies: Standards for the Proctor Foster Home Environment

A foster care agency must ensure a proctor foster home meets all of requirement in this rule. This must be documented and kept in the file of the proctor foster home.

(1) General Conditions.

(a)

The home must be the primary residence of the applicant or approved proctor foster parent and the residence where the child in care will reside.

(b)

The home must have adequate space, including space for safe and appropriate sleeping arrangements, for each child in care.

(A)

The foster care agency must consider the age, gender, gender expression, special needs, behavior, and history of abuse or neglect of the child in care in determining appropriate sleeping arrangements.

(B)

Children in care over age 18 years of age or older must be housed in separate bedrooms from children in care under 18 years of age, unless:

(i)

A parent and child, one or both of whom is a child in care, share a bedroom; or

(ii)

The foster care agency has obtained written approval from the parent or legal guardian and the Department licensing coordinator that two children in care, one over 18 and one under 18 years of age, may share a bedroom.

(C)

Each child in care must have their own bed and may not share a bed with an unrelated person.

(D)

The foster care agency must prohibit co-sleeping or bed-sharing when the child in care is an infant.

(c)

The home may not use “electronic monitoring” in bedrooms or bathrooms. For purposes of this rule, “electronic monitoring” means the use of video monitoring or listening devices to monitor or record the behavior of a child in care. Children in care and their parent or legal guardian must be notified of any electronic monitoring that occurs in the home. “Electronic monitoring” does not include:

(A)

Door monitors;

(B)

Window alarms;

(C)

Motion detectors;

(D)

Audio or video baby monitors used for a child five years of age and under; or

(E)

Monitors approved by a medical provider for medical purposes.

(d)

If a child or young adult in the care or custody of the Department will be placed in the proctor foster home, the home must post and comply with the Foster Children’s Bill of Rights as required by OAR 413-010-0170 (Purpose) to 413-010-0185 (Department Responsibilities).

(e)

The applicant or approved proctor foster parent must have access to a working telephone to make and receive phone calls.

(f)

The applicant or approved proctor foster parent must consider the age, special needs, and capabilities of the children in care, and have necessary safeguards to assure that:

(A)

Swimming pools, hot tubs, wading pools, ponds, and other water hazards are inaccessible to a child in care unless responsibly supervised, and any safeguards comply with state and local ordinances;

(B)

Outdoor tools and equipment, machinery, chemicals, flammables, and combustibles are stored in a safe manner;

(C)

Animals are safe and appropriate for and are properly cared for and kept in compliance with local ordinances;

(D)

Access of a child in care to potentially dangerous animals is restricted; and

(E)

Hunting and sporting equipment, such as knives, spears, arrows, hunting sling shots, bows, and martial art weapons are stored in a safe and secure manner and inaccessible to a child in care.

(g)

The applicant or approved proctor foster parent must receive authorization from the foster care agency and the parent or guardian prior to the beginning of hunting or target practice by the child in care.

(2) Sanitation and Health.

(a)

If there are potential hazards in or around the home, a plan to prevent the exposure of the child in care to the potential hazard must be developed and approved by the foster care agency.

(b)

The home must have the necessary equipment for the safe preparation, storage, serving, and clean-up of food.

(c)

The home must have a safe, properly maintained, and operational heating system. Space heaters must be plugged directly into a wall outlet and must be equipped with tip-over protection.

(d)

The home and furnishings must be clean and in good repair, and the grounds must be maintained.

(e)

There must be no accumulation of garbage or debris.

(f)

The home must have safe and adequate drinking water, and an adequate source of safe water to be used for personal hygiene.

(g)

There must be provision for the safe storage and administration of all medications in the household, taking into consideration the child’s age, developmental level, and need.

(h)

There must be easily accessible first aid supplies, and a reasonable understanding of how to use such supplies.

(i) Smoking, tobacco and nicotine limitations:

(A)

A child in care may not be exposed to any type of second-hand smoke in the family’s home or vehicle; and

(B)

A member of the household may not provide any form of tobacco, nicotine, or other product illegal for a minor to possess to a child in care.

(C)

All products referenced in paragraph (B) of this subsection must be stored in a safe and secure manner inaccessible to a child in care.

(3) Fire and Carbon Monoxide Safety.

(a)

The home must have all of the following:

(A)

A working smoke alarm in each bedroom where a child in care sleeps within 24 hours of the time the applicant is certified or approved.

(B)

A working carbon monoxide detector within 15 feet of each bedroom where a child in care sleeps and at least one on each floor within 24 hours of the time the applicant is certified or approved.

(C)

At least one operable fire extinguisher rated 2-A:10-B-C or higher within 24 hours of the time the applicant is certified or approved.

(D)

At least one means of emergency exit and at least one means of rescue from the home.

(E)

An adequate safeguard around operating fireplaces, wood stoves, or other heating systems that may cause burns to a child in care that is developmentally unable to reasonably follow safety rules regarding such devices.

(F)

A written, comprehensive home evacuation plan, shared with each child in care at the time of placement, and practiced at least every six months. The written, comprehensive home evacuation plan must include a provision for the safe exit of a child in care who is not capable of understanding or participating in the evacuation plan.

(G)

Interior doors that lock must be operable from both sides of the door.

(b)

Each bedroom used by a child in care must have:

(A)

At least one unrestricted exit;

(B)

At least one secondary means of exit or rescue;

(C)

Smoke alarms required under paragraph (3)(a)(A) of this rule;

(D)

Unrestricted, direct access at all times to hallways, corridors, living rooms, or other such common areas; and

(E)

Quick release mechanisms on all barred windows.

(4) Emergency Preparedness.

(a)

Maintain, and share with the certifying foster care agency, an emergency preparedness plan ensuring the needs of each child in care will me bet. At a minimum the plan will include:

(A)

Identifying the types of emergencies most likely to happen where the proctor foster agency is located;

(B)

Identifying a place to meet for each type of emergency identified;

(C)

Identifying an alternate shelter if necessary;

(D)

Ensuring access to necessary medications or medical equipment;

(E)

How to help each child in care recover after a disaster.

(b)

Maintain a comprehensive list of emergency telephone numbers, including 911 and poison control, and post it in a prominent place in the home.

(5) Travel and Transportation Safety.

(a)

An applicant or approved proctor foster parent must have available, and be willing to use, a safe and reliable method of transportation.

(b)

Any member of the household transporting a child in care must provide proof of a valid driver’s license and current insurance on any family-owned motorized vehicle by which a child in care might be transported, when a family has applied for certification or renewal of certification.

(c)

The applicant or approved proctor foster parent must assure that, as required by current state law:

(A)

Only a licensed and insured driver transports a child in care in motorized vehicles; and

(B)

A child in care uses a seat belt or age and size appropriate safety seat when transported in motorized vehicles.

(d)

Written authorization from the foster care agency and parent or guardian must be received by the proctor foster home prior to transporting a child in care out of the State of Oregon or outside the United States.

(e)

A proctor foster home must request approval from the Department no less than 90 days prior to any international travel with a child in care. In an emergency, the proctor foster home must request approval from the foster care agency as soon as the need for international travel becomes known.

(6)

An applicant or approved proctor foster parent must agree to accept the placement of a child in care only as provided in OAR 413-215-0356 (Foster Care Agencies: Placement of a Child with a Proctor Foster Home).

Source: Rule 413-215-0318 — Foster Care Agencies: Standards for the Proctor Foster Home Environment, https://secure.sos.state.or.us/oard/view.action?ruleNumber=413-215-0318.

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

OAR 413-215-0318 Foster Care Agencies: Standards for the Proctor Foster Home Environment

(a)

(b)

(A)

(B)

(i)

(ii)

(C)

(D)

(c)

(A)

(B)

(C)

(D)

(E)

(d)

(e)

(f)

(A)

(B)

(C)

(D)

(E)

(g)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(A)

(B)

(C)

(a)

(A)

(B)

(C)

(D)

(E)

(F)

(G)

(b)

(A)

(B)

(C)

(D)

(E)

(a)

(A)

(B)

(C)

(D)

(E)

(b)

(a)

(b)

(c)

(A)

(B)

(d)

(e)

(6)

OAR 413-215-0318
Foster Care Agencies: Standards for the Proctor Foster Home Environment