ORS 419B.356
Qualified residential treatment program

A program is a qualified residential treatment program if it:


Provides residential care and treatment to a child who, based on an independent assessment described in ORS 419B.358 (Independent assessment), requires specialized, evidence-based, as defined by the Department of Human Services by rule, supports and services related to the effects of trauma or mental, emotional or behavioral health needs.


Uses a trauma-informed treatment model that is designed to address the needs, including clinical needs as appropriate, of the child.


Ensures that the staff at the facility includes licensed or registered nurses licensed under ORS chapter 678 and other licensed clinical staff who:


Provide care within their licensed scope of practice;


Are on site according to the treatment model identified in subsection (2) of this section; and


Are available 24 hours per day and seven days per week.


Facilitates the involvement of the child’s family, as defined in ORS 418.575 (Definitions for ORS 418.575 to 418.598), in the child’s treatment program, to the extent appropriate and in the child’s best interests.


Facilitates outreach to the child’s family, as defined in ORS 418.575 (Definitions for ORS 418.575 to 418.598), documents how outreach is made and maintains contact information for any known biological relatives or fictive kin, as defined by the department by rule.


Documents how the program integrates family into the child’s treatment process, including after discharge, and how sibling connections are maintained.


Provides discharge planning and family-based after-care support for at least six months following the child’s discharge from the program.


Is licensed and accredited in accordance with requirements adopted by the department by rule, consistent with federal licensure and accreditation requirements for qualified residential treatment programs. [2019 c.619 §5]
Note: 419B.356 (Qualified residential treatment program), 419B.358 (Independent assessment) and 419B.360 (Court approval of placement) become operative July 1, 2020, and apply to placements of children or wards occurring on or after July 1, 2020. See sections 17 and 18, chapter 619, Oregon Laws 2019.
§§ 419B.500 to 419B.524

Notes of Decisions

Under Former Similar Statutes

Due process does not require the appointment of “independent counsel” to represent the child in every adoption or termination of parental rights proceeding. F. v. C., 24 Or App 601, 547 P2d 175 (1976)

When second termination of parental rights proceeding was not itself barred, proof was not limited by res judicata or collateral estoppel principles to facts or evidence which was not considered in or which came in to being after first proceeding. State ex rel Juvenile Dept. v. Newman, 49 Or App 221, 619 P2d 901 (1980), Sup Ct review denied

Chapter 419B

Notes of Decisions

Due process rights of parents are always implicated in construction and application of provisions of this chapter. Department of Human Services v. J.R.F., 351 Or 570, 273 P3d 87 (2012)

Last accessed
May. 15, 2020