Or. Admin. R. 411-346-0110

Current through Register Vol. 63, No. 9, September 1, 2024

Section 411-346-0110 - Definitions and Acronyms

In addition to the following definitions and acronyms, OAR 411-317-0000 includes general definitions for words and terms frequently used in OAR chapter 411, division 346. If a word or term is defined differently in OAR 411-317-0000, the definition in this rule applies.

(1) "Alternate Caregiver" means any person 18 years of age and older responsible for the care or supervision of a child in foster care.

(2) "Alternative Educational Plan" means any school plan that does not occur within the physical school setting.

(3) "Appeal" means the process for a contested hearing under ORS chapter 183 that a foster provider may use to petition the suspension, denial, non-renewal, or revocation of their certificate or application.

(4) "Applicant" means a person who wants to become a foster provider, lives at the residence where a child in foster care is to live, and is applying for, or renewing, a certificate for a child foster home.

(5) "Attend To" means a child's parent or guardian works in partnership with their child's foster provider to build skills and help provide the supports necessary to meet their child's needs.

(6) "Case Plan" means the goal-oriented, time-limited, individualized plan of action for a child and the child's family developed by the family and ODHS-CW for promotion of the safety, permanency, and well-being of the child.

(7) "Case Worker" means an employee of ODHS-CW.

(8) "CDDP" means "Community Developmental Disabilities Program" as defined in OAR 411-317-0000.

(9) "Certificate" means the document issued by the Department that notes approval to operate a child foster home for a period not to exceed two years.

(10) "Certifying Agency" means the Department, CDDP, or an agency approved by the Department who is authorized to gather required documentation to issue or maintain a certificate.

(11) "Child" means:

(a) An individual who is less than 18 years of age who has a provisional determination of an intellectual or developmental disability by a CDDP; or

(b) An individual with an intellectual or developmental disability who:

(A) Is 18 years of age, but less than 26 years of age; and

(B) Continues to reside in their current child foster home through a variance approved by the Department according to OAR 411-346-0210.

(12) "Child Foster Home" means a home certified by the Department that is maintained and lived in by the person named on the certificate. A child foster home is considered a provider owned, controlled, or operated residential setting.

(13) "Child Foster Home Contract" means the agreement between a foster provider and the Department that describes the responsibility of the foster provider and the Department.

(14) "Child Placing Agency" means the Department, CDDP, or the OYA.

(15) "Commercial Basis" means providing and receiving compensation for the temporary care of individuals not identified as members of the household.

(16) "Community Nursing Services" mean the nursing services that focus on the chronic and ongoing health and safety needs of a child. Community nursing services include an assessment, monitoring, delegation, training, and coordination of services. Community nursing services are provided according to the rules in OAR chapter 411, division 048 and the Oregon State Board of Nursing rules in OAR chapter 851.

(17) "Denial" means the refusal of the certifying agency to issue a certificate to operate a child foster home because the certifying agency has determined that the home or the applicant is not in compliance with one or more of these rules.

(18) "Department" means the Oregon Department of Human Services, including the Office of Developmental Disabilities Services.

(19) "DHS-CW" means the Oregon Department of Human Services, Child Welfare Division.

(20) "Director" is the Director of the Oregon Department of Human Services, Office of Developmental Disabilities Services, or the designee of the Director, which may include Department Staff.

(21) "Educational Surrogate" means the person who acts in place of a parent in safeguarding the rights of a child in the public education decision-making process:

(a) When the parent of the child cannot be identified or located after reasonable efforts;

(b) When there is reasonable cause to believe that the child has a disability and is a ward of the state; or

(c) At the request of the parent of the child or young adult student.

(22) "Emergency Certificate" means a certificate issued for 30 calendar days.

(23) "Foster Care" means a child is placed away from their parent or guardian in a certified child foster home.

(24) "Foster Provider" means the certified care provider who resides at the address listed on a certificate. A foster provider is a mandatory reporter.

(25) "Home Inspection" means the on-site, physical review of the home of an applicant to assure the applicant and the home meets all health and safety requirements within these rules.

(26) "Home Study" means the assessment process used for the purpose of determining the ability of an applicant to care for a child in need of foster care placement.

(27) "ICWA" means the Indian Child Welfare Act.

(28) "IEP" means "Individualized Education Program" as defined in OAR 411-317-0000.

(29) "Involuntary Seclusion" means the confinement of a child alone in a room or an enclosed space from which the child is prevented from leaving by any means. Involuntary seclusion does not include time-out if the time-out is in a common area of the home from which the child is not prevented from leaving by any means and used as a positive behavior support practice that meets the requirements in OAR 411-346-0190(9)(c)(A)-(C).

(30) "ISP" means "Individual Support Plan" as defined in OAR 411-317-0000.

(31) "Licensed Medical Practitioner" means a person who meets the following:

(a) Holds at least one of the following valid licensures or certifications:

(A) Physician licensed to practice in Oregon;

(B) Nurse practitioner certified by the Oregon State Board of Nursing according to ORS 678.375; or

(C) Physician's assistant licensed to practice in Oregon; and

(b) Whose training, experience, and competence demonstrate expertise in children's mental health and the ability to conduct a mental health assessment and provide psychotropic medication management for a child in foster care.

(32) "MAR" means medication administration record.

(33) "Member of the Household" means any adult or child living in a child foster home, including an employee or volunteer assisting in the care provided to a child placed in the child foster home. A child in foster care is not considered a member of the household.

(34) "Mental Health Assessment" means the assessment used to determine the need for mental health services by interviewing a child and obtaining all pertinent biopsychosocial information as identified by the child, the family of the child, and collateral sources. A mental health assessment:

(a) Addresses the condition presented by the child;

(b) Determines a diagnosis; and

(c) Provides treatment direction and individualized services and supports.

(35) "Misuse of Funds" includes, but is not limited to, a foster provider or employee:

(a) Borrowing from, or loaning money to, a child in foster care;

(b) Witnessing a will in which the foster provider or employee is a beneficiary;

(c) Adding the name of the foster provider or employee to the bank account of a child or other titles for personal property without approval of the child when of age to give legal consent, or the guardian of the child and authorization of the ISP team;

(d) Inappropriately expending or theft of the personal funds of a child;

(e) Using the personal funds of a child for the benefit of the foster provider or employee; or

(f) Commingling the funds of a child with the funds of the foster provider or the funds of another child.

(36) "Monitoring" means:

(a) The observation of a certified child foster home by the Department or the designee of the Department to determine continuing compliance with these rules; and

(b) The periodic review of the implementation of services and supports identified in an ISP and the quality of services delivered.

(37) "Nursing Services" mean the provision of individual-specific advice, plans, or interventions by a nurse at a child foster home based on the nursing process as outlined by the Oregon State Board of Nursing.

(38) "Occupant" means any person having official residence in a certified child foster home.

(39) "ODDS" means the Oregon Department of Human Services, Office of Developmental Disabilities Services.

(40) "ODHS-CW" means the Oregon Department of Human Services, Child Welfare Division.

(41) "OYA" means Oregon Youth Authority. OYA is the agency that has been given commitment and supervision responsibilities over a youth offender by order of the juvenile court according to ORS 137.124 or other statute, until the time that a lawful release authority authorizes release or terminates the commitment or placement.

(42) "Permanent Foster Care" means the long term contractual agreement between a foster provider and ODHS-CW, approved by the juvenile court that specifies the responsibilities and authority of the foster provider and the commitment by the permanent foster provider to raise a child until the age of majority or until the court determines that permanent foster care is no longer the appropriate plan for the child.

(43) "Private Duty Nursing" means the state plan nursing services described in OAR chapter 410, division 132 and OAR 411-300-0150, that are determined medically necessary to support a child or young adult in a child foster home.

(44) "Prone Restraint" means a restraint in which a child is held face down on the floor or other surface.

(45) "Protected Health Information" means any oral or written health information that identifies a child and relates to the past, present, or future physical or mental health condition, health care treatment, or payment for health care treatment.

(46) "Punishment" means the imposition of a penalty as retribution for an offense or unwanted behavior.

(47) "Qualified Mental Health Professional" means a licensed medical practitioner or any other meeting the minimum qualifications specified in OAR 309-019-0125.

(48) "Relative" means a person related to another person by blood, marriage, or adoption.

(49) "Restraint" means the physical restriction of a child's actions or movements by holding the child, using pressure, or other means.

(50) "Revocation" means the action taken by the certifying agency to rescind a certificate after the certifying agency has determined that a foster provider or a child foster home is not in compliance with one or more of these rules.

(51) "Serious Bodily Injury" means any significant impairment of the physical condition of a child or others, as determined by qualified medical personnel, whether self-inflicted or inflicted by someone else.

(52) "Services Coordinator" is defined in OAR 411-317-0000.

(53) "Significant Medical Needs" includes, but is not limited to, total assistance required for all activities of daily living, such as access to food or fluids, daily hygiene that is not attributable to the chronological age of a child, and frequent medical interventions required by a Nursing Service Plan or ISP for health and safety of the child.

(54) "Supine Restraint" means a restraint in which a child is held face up on the floor or other surface.

(55) "Suspension" means an immediate, temporary withdrawal of the approval to operate a child foster home after the certifying agency determines a foster provider or the child foster home is not in compliance with one or more of these rules or there is a threat to the health, safety, or welfare of a child.

(56) "These Rules" mean the rules in OAR chapter 411, division 346.

(57) "Unauthorized Absence" means any length of time when a child is absent from a child foster home without prior approval as specified in the ISP for the child.

(58) "Urgent Medical Need" means the onset of psychiatric or medical symptoms requiring attention within 48 hours to prevent a serious deterioration in the mental or physical condition of a child.

(59) "Variance" means a temporary exemption from a regulation or provision of these rules that may be granted by the Department according to OAR 411-346-0210.

Or. Admin. R. 411-346-0110

MHD 15-2000(Temp), f. & cert. ef. 11-30-00 thru 5-28-01; MHD 3-2001, f. 5-25-01, cert. ef. 5-28-01; Renumbered from 309-046-0110, SPD 34-2004, f. 11-30-04, cert. ef. 1-1-05; SPD 10-2007, f. 6-27-07, cert. ef. 7-5-07; SPD 25-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10; SPD 7-2010, f. 6-29-10, cert. ef. 7-1-10; SDP 6-2011(Temp), f. & cert. ef. 2-10-11 thru 8-1-11; SPD 15-2011, f. & cert. ef. 7-1-11; SPD 27-2013(Temp), f. & cert. ef. 7-1-13 thru 12-28-13; SPD 62-2013, f. 12-27-13, cert. ef. 12-28-13; APD 28-2014(Temp), f. & cert. ef. 7-1-14 thru 12-28-14; APD 46-2014, f. 12-26-14, cert. ef. 12/28/2014; APD 1-2016(Temp), f. & cert. ef. 2-23-16 thru 8-20-16; APD 30-2016, f. 8-18-16, cert. ef. 8/20/2016; APD 4-2018, temporary amend filed 02/20/2018, effective 02/20/2018 through 08/18/2018; APD 33-2018, temporary amend filed 08/23/2018, effective 08/23/2018 through 02/15/2019; APD 12-2019, amend filed 02/14/2019, effective 2/15/2019; APD 47-2021, temporary amend filed 10/29/2021, effective 11/01/2021 through 04/29/2022; APD 20-2022, amend filed 04/13/2022, effective 4/15/2022; APD 15-2023, temporary amend filed 08/29/2023, effective 9/1/2023 through 2/27/2024; APD 7-2024, amend filed 02/26/2024, effective 2/26/2024; APD 24-2024, amend filed 05/31/2024, effective 6/1/2024

Statutory/Other Authority: ORS 409.050, 427.104, 430.662, 443.835 & 443.836

Statutes/Other Implemented: ORS 409.010, 418.519-418.523, 427.007, 427.101, 427.104, 430.215, 430.610, 430.662 & 443.830-443.836