OAR 416-530-0060
Foster Parent Duties and Responsibilities
(1)
Governance(a)
Foster parents must comply with the standards of these rules and OYA procedures, including rules applicable to applicants.(b)
Foster parents must abide by the responsibilities described in the OYA Youth Offender Foster Home Agreement. This agreement will be signed at the time of initial certification and annually, thereafter.(c)
Foster parents must provide care and supervision in accordance with the youth offender’s individual case plan.(d)
Foster parents must not leave youth offenders unsupervised in the foster home, except with prior written approval by the youth offender’s JPPO and Foster Home Certifier specifying circumstances and length of time youth offender may be unsupervised.(e)
Foster parents must allow OYA access to the home, youth offenders, and foster care records, for the purpose of ongoing compliance monitoring.(f)
If a foster parent receives information that a youth offender has been identified as a sex trafficking victim, the foster parent must immediately within 24 hours report the information to law enforcement, the foster care certifier, and the youth offender’s JPPO.(2)
Training(a)
An applicant must complete an OYA-mandated pre-service training before the applicant is approved for certification.(b)
Foster parents must have a valid CPR/First Aid certificate. CPR/First Aid courses count toward the annual minimum training requirement.(c)
On an annual basis, thereafter, each foster parent must complete a minimum of 10 hours of training.(d)
All training must be provided or approved by OYA and must include educational opportunities designed to enhance the foster parent’s knowledge, skills, and abilities to meet the special needs of youth offenders.(A)
If youth offenders are in the home and the annual training hours have not been completed, the youth offender foster home certification will be placed on inactive referral status. No additional youth offender referrals will be made until the training hours are completed.(B)
OYA may suspend a certificate if no youth offenders are currently in placement and the training requirements have not been met.(3)
Foster parents will work with OYA staff, by:(a)
Participating in Multidisciplinary Team (MDT) reviews;(b)
Implementing changes in care and supervision only as guided by the supervising Juvenile Parole/Probation Officer (JPPO) and the youth offender’s case plan;(c)
Providing a youth offender with the opportunity for regular contacts and private visits or telephone calls with the youth offender’s JPPO; and(d)
Notifying the Foster Home Certifier, or designee, of changes likely to impact the life and circumstances of the foster family, including but not limited to the following situations:(A)
Immediate notification to OYA of any circumstance involving the youth offender, foster parent, or other members of the household which may have a serious impact on the health, safety, physical or emotional well-being of the youth offender. This includes, but is not limited to, injury, illness, accident, law violation, or unauthorized absence;(B)
Immediate notification of any visitor remaining in the home overnight who has not received prior approval by OYA. Foster parents and the Foster Home Certifier will collaborate to ensure the safety of the youth offender and visitor(s);(C)
Prior notification when a change in address is anticipated. In the case of an emergency (e.g., fire), foster parents must provide this information as soon as possible after the change of address occurs; and(D)
Prior notification when a change in the membership of the household is anticipated. In the event of an emergency, foster parents must provide this information as soon as possible after the change occurs.(e)
Foster parents must have prior written approval from OYA to take a youth offender out of state.(4)
Foster parents will respect and support the youth offender’s relationship with the youth offender’s family by:(a)
Assisting OYA staff in planning and implementing visits between the youth offender and the youth offender’s family or other approved visitors as indicated by the youth offender’s case plan, or youth offender’s JPPO;(b)
Allowing a youth offender opportunities to have at least one phone call weekly with the youth offender’s family; and(c)
Informing the JPPO if the youth offender chooses to decline family visits.(5)
Confidentiality(a)
Youth offender information and records are confidential. Foster parents must maintain information relating to youth offenders including but not limited to information relating to a youth’s health, education, and placement progress in a manner sufficient to prevent unauthorized access.(b)
Foster parents must not disclose youth offender records, or the names of persons involved in the youth offender’s case plan, without authorization from OYA.(c)
Youth offender records may be disclosed only when necessary to provide for the safety and wellbeing of youth offenders and with prior approval of OYA.(d)
Unauthorized disclosure of youth offender records may lead to suspension of certification.(6)
Records(a)
Foster parents must, for the duration of the youth offender’s placement in the foster home, maintain records, including, but not limited to, information relating to the youth offender’s health (including immunizations), education, and placement progress.(b)
All records pertaining to the youth offender belong to OYA. The foster parent must make all records available to OYA upon request. The foster parent must immediately provide all records to the youth offender’s JPPO or designee when the youth offender leaves the foster home. Any records request by foster parents after the records have been returned to OYA will be handled in accordance with OAR chapter 416, division 105.(c)
Foster parents must maintain the youth offender’s confidentiality and may not post the youth offender’s information or pictures on any social media or electronic outlets, unless authorized by OYA.(7)
Youth offender reformation and supervision(a)
Foster parents must provide structure, accountability, and supervision designed to promote the physical, social, intellectual, spiritual, and emotional development of youth offenders, while providing for community protection.(b)
In accordance with a youth offender’s case plan, foster parents must:(A)
Treat each youth offender with respect and dignity;(B)
Help the youth offender develop skills and perform tasks that promote independence and self-sufficiency; and(C)
Ask youth offenders to assume household chores appropriate to the youth offender’s age and ability, and commensurate with those expected of the foster parent’s own children.(8)
Household composition(a)
No more than three OYA youth offenders may reside in any given foster home at one time. In addition, no more than five total children (including the foster parent’s own children under the age of 18) may reside in one foster home.(b)
Children of foster parents age 18 and older will not be counted toward the limitation of five children in the foster home.(c)
Members of the household age 18 and older who remain in or return to the home after becoming 18 years of age are subject to a criminal records check, including a fingerprint records check. The foster parent must notify OYA when a member of the household remains in or returns to the home after becoming 18 years of age.(d)
Foster parents must not care for unrelated adults on a commercial basis, accept children for day care, or accept any person for placement from any source other than OYA without prior OYA written approval.(9)
Respite care(a)
A respite care provider may not provide care to youth offenders in the respite provider’s own home without a current and valid OYA Certificate that specifically authorizes the respite care provider to provide respite care to youth offenders in the respite care provider’s home.(b)
When all foster parents are absent from providing supervision of youth offenders in a foster home, an OYA-certified respite provider at least 21 years of age, capable of assuming foster care responsibilities, must be present. Other adults at least 21 years of age may provide supervision for three hours or less with prior approval from the foster parent, JPPO and Foster Home Certifier.(c)
When all foster parents anticipate being absent from providing supervision of youth offenders for overnight or longer, the foster parents must give OYA advance notice and the foster parents must receive approval from OYA before the foster parents may be absent. The foster parents must provide the following information: the dates of absence; the telephone number where the foster parents can be reached; and the name, telephone number, and home address of the OYA-certified respite provider who will provide care during the foster parent’s authorized absence.(d)
The total number of youth offenders per foster home may be increased to no more than five to provide foster parents short-term respite from foster care responsibilities.(e)
Any respite care exceeding 10 days requires prior review and approval by the OYA Community Resources Manager.(10)
Food and nutrition(a)
Foster parents must provide each youth offender three well-balanced meals and appropriate snacks on a daily basis.(b)
Foster parents must provide each youth offender daily access to kitchen facilities to prepare meals and snacks.(c)
Foster parents must accommodate a youth offender’s special and cultural dietary needs, including those ordered by a physician.(11)
Clothing and personal belongings(a)
Foster parents must provide each youth offender with clean clothing that is appropriate to the youth offender’s age, gender, culture, and individual needs.(b)
Youth offenders must be allowed to participate in choosing their own clothing.(c)
Youth offenders may bring and acquire appropriate personal belongings as approved by the youth offender’s JPPO, and within OYA’s travel kit requirements.(d)
Foster parents must provide a weekly allowance to youth offenders in a fair and consistent manner, and within OYA’s allowance policy guidelines.(e)
Foster parents must develop house rules that include, but are not limited to, youth offender money and youth offender accounts.(f)
Foster parents must provide each youth offender with individual items necessary for personal hygiene and grooming. Foster parents must also ensure culturally-specific products are available to each youth offender to meet each youth offender’s needs.(12)
Discipline and guidance(a)
Foster parents must work with a youth offender’s JPPO to develop a behavior management plan that sets clear expectations, limits, and consequences of behavior through use of adequate and appropriate structure and supervision.(A)
Foster parents must provide clearly-stated basic rules, a system of incentives and rewards, graduated sanctions when necessary to hold youth offenders accountable, supervision, and guidance.(B)
Discipline must be designed to guide youth offenders with kindness and understanding, while holding the youth offender accountable for personal behaviors.(b)
No youth offender or other person(s) in a foster home will be subjected to physical abuse, sexual abuse, sexual exploitation, neglect, emotional abuse, mental injury, threats of harm, forced physical labor as punishment, or restriction from approved contacts as punishment.(13)
Health care(a)
Foster parents must work with OYA to ensure that a youth offender’s physical and mental health care needs are met, including but not limited to:(A)
Scheduling appointments and arranging transportation to medical, dental, or counseling appointments or assisting youth offenders in doing so if age appropriate.(B)
Ensuring that immunizations are current.(C)
Reporting to OYA when a youth offender needs corrective or follow-up medical, mental health or dental care, and arranging necessary care.(D)
Arranging for necessary consents from OYA for a youth offender’s medical treatment that is not routine, including surgery.(E)
Obtaining emergency medical care, when necessary.(b)
Medication Administration(A)
Foster parents must comply with applicable provisions of OAR chapter 416, division 340.(B)
A youth offender may refuse any medication. When this occurs, the foster parent must document the refusal and immediately notify the youth offender’s JPPO.(C)
A foster parent may administer prescription medications to a youth offender only when ordered by a physician.(D)
All medications must be stored in locked storage sufficient to prevent unauthorized access.(E)
Foster parents must inform a youth offender’s JPPO within one working day if any psychotropic medication is prescribed or changed for the youth offender.(c)
Medical information(A)
Youth offender medical information must be kept confidential and in a secure location.(B)
Medical information may be shared only in compliance with Oregon Revised Statutes, and OYA administrative rules.(C)
Foster parents must provide OYA with copies of youth offender medical information.(14)
Religious, cultural, and ethnic heritage. Foster parents must respect the ethnic heritage, religious choices, cultural identity, and language of a youth offender and the youth offender’s family by:(a)
Providing reasonable and meaningful opportunities for a youth offender to develop relationships with others of like cultural and ethnic background;(b)
Providing a youth offender opportunities to attend religious services of the youth offender’s choice; and(c)
Not requiring a youth offender to participate in religious activities or events contrary to the youth offender’s beliefs.(15)
Education(a)
Within five days of placement in the foster home, the foster parent must enroll a youth offender in an appropriate educational or vocational program, as outlined in the youth offender’s case plan.(b)
Foster parents must be actively involved in a youth offender’s educational or vocational programs.(c)
Foster parents must allow a youth offender adequate time each evening to complete homework in a location conducive to study, and provide assistance as needed.(d)
Foster parents will work with school personnel when issues arise at school, and report to a youth offender’s JPPO any situation that may require OYA involvement.(16)
Recreation(a)
Foster parents must provide recreational and extracurricular activities appropriate to the age, interests, and abilities of a youth offender, as described in OAR chapter 416, division 500.(b)
Foster parents must apply a reasonable and prudent parent standard when determining such participation. “Reasonable and prudent parent standard” means the standard, characterized by careful and sensible parental decisions that maintain the health, safety and best interests of a youth offender while encouraging the emotional and developmental growth of the youth offender, that a foster parent must use when determining whether to allow a youth offender to participate in recreational and extracurricular activities.(c)
Foster parents must encourage a youth offender to participate in community activities both with the foster family and on the youth offender’s own, in accordance with the case plan.(d)
Foster parents must provide opportunities for a youth offender to pay restitution and perform community service obligations as directed by the case plan.(17)
Restrictions(a)
No mechanical restraints, other than car seat belts, may be used on OYA youth offenders by foster parents.(b)
Foster parents and members of the household may not provide any form of tobacco, inhalant delivery system, alcohol, marijuana, drug paraphernalia, or illicit drugs to youth offenders, or allow youth offenders to consume or use such items or products.(c)
Youth offenders may use private home swimming pools and hot tubs only under supervision of a foster parent or certified respite provider.(d)
All alcoholic beverages, marijuana, and marijuana paraphernalia must be stored and locked in a manner sufficient to prevent access by youth offenders.(18)
Safety. Foster parents must:(a)
Be aware of a youth offender’s location at home and in the community at all times;(b)
Have an adequate system for monitoring youth offenders during the night;(c)
Ensure that keys to locked storage and motor vehicles are secured at all times;(d)
Inspect a youth offender’s room on regular basis to prevent the offender from possessing contraband;(e)
Comply with OYA health and safety requirements for the prevention of accidents and injuries;(f)
Understand and implement suicide prevention techniques and reporting requirements; and(g)
Be knowledgeable about boundaries, inappropriate sexual behavior, monitoring and other aspects of youth offender care at the level appropriate for supervising youth offenders that are placed in the home.
Source:
Rule 416-530-0060 — Foster Parent Duties and Responsibilities, https://secure.sos.state.or.us/oard/view.action?ruleNumber=416-530-0060.