OAR 413-215-0576
Residential Care Agencies: Consents, Disclosures, and Authorizations
(1)
Consents. For each child in care in placement with a residential care agency, the residential care agency must ensure that a parent or legal guardian signs a consent that authorizes the residential care agency to undertake each of the following:(a)
To provide routine and emergency medical care. However, if the parent or legal guardian relies on prayer or spiritual means for healing in accordance with the creed or tenets of a well-recognized religion or denomination, the residential care agency is not required to use medical, psychological or rehabilitative procedures, unless the child in care is old enough to consent to these procedures and does so. The residential care agency must have policies and procedures for this practice, which are reviewed and approved by the child in care’s parent or legal guardian.(b)
To use the discipline and behavior management system of the residential care agency.(c)
To use restraint or seclusion in the management of the child in care. The consent must specify the reasons such interventions are used by the residential care agency and how the employees of the residential care agency are trained and supervised in the use of restraint or seclusion.(d)
To restrict the child’s contact with persons outside the residential care agency, including visits, telephone communication, electronic mail, and postal mail, except that access to a child in care must be allowed as provided in 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).(e)
To allow access to a child in care as required in 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).(f)
To impose a dress code.(g)
To apply the reasonable and prudent parent standard to determine whether the child in care is allowed to participate in age-appropriate or developmentally appropriate activities including extracurricular, enrichment, cultural, and social activities.(2)
Disclosures to parent or legal guardian. At the time a residential care agency takes a child in care into placement, the residential care agency must ensure that each parent or legal guardian of the child in care receives and acknowledges in writing the receipt of each of the following:(a)
Information regarding any personal or room searches and protocols for confiscation of contraband items, including the notification of law enforcement if illegal contraband is discovered. This information will include the procedures and rationales of the residential care agency for any program-initiated room or body search.(b)
A statement concerning the rights of children in care and parents or legal guardians served by the residential care agency as provided in OAR 413-215-0046 (Licensing Umbrella Rules: Children and Families Rights Policy and Grievance Procedures). The statement must be written in a manner that is easy to understand, and the residential care agency must ensure that the child and the parent or legal guardian understand the statement.(c)
The residential care agency will make any written policy or procedure pertaining to program services available for review by the child in care, parent, or legal guardian, upon request.(3)
Authorizations.(a)
Written authorizations to exchange information with others must be filled out prior to signatures being requested.(b)
All child-specific visitors must be approved or authorized by the parent or legal guardian, except access to a child in care must be provided as required in 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).(c)
Visitation resources must be pre-approved by the child’s parent or legal guardian and the identity of these resources verified by the residential care agency in care.(d)
Activity-specific authorizations must be pre-approved by the child in care’s parent or legal guardian to allow children to participate in potentially hazardous activities, such as using motorized yard equipment, swimming, and horseback riding.(e)
All other required authorizations must be pre-approved by the child in care’s parent or legal guardian.
Source:
Rule 413-215-0576 — Residential Care Agencies: Consents, Disclosures, and Authorizations, https://secure.sos.state.or.us/oard/view.action?ruleNumber=413-215-0576.