TITLE 34
HUMAN
SERVICES; JUVENILE CODE; CORRECTIONS
Chapter 409. Department of Human Services
410. Senior and Disability Services
411. Public Assistance
412. Temporary Assistance for Needy Families
413. Oregon Health Authority
414. Medical Assistance
416. Recovery of Aid and Support
417. Interstate Compacts on Juveniles and
Children; Children and Family Services
418. Child Welfare Services
419A. Juvenile Code: General Provisions and
Definitions
419B. Juvenile Code: Dependency
419C. Juvenile Code: Delinquency
420. Youth Correction Facilities; Youth Care
Centers
420A. Oregon Youth Authority; Youth Correction
Facilities
421. Department of Corrections Institutions;
Compacts
423. Corrections and Crime Control
Administration and Programs
_______________
Chapter 409 — Department
of Human Services
ORS sections in this chapter were
amended or repealed by the Legislative Assembly during its 2012 regular
session. See the table of ORS sections amended or repealed during the 2012
regular session: 2012 A&R Tables
Uncodified
sections printed in this chapter were amended or repealed by the Legislative
Assembly during its 2012 regular session. See the table of uncodified
sections amended or repealed during the 2012 regular session: 2012 A&R Tables
2011 EDITION
DEPARTMENT OF HUMAN SERVICES
HUMAN SERVICES; JUVENILE CODE;
CORRECTIONS
ADMINISTRATION
409.010 Department
of Human Services; duties; personnel
409.025 Definitions
for 409.025 and 409.027
409.027 Abuse
and neglect reports; rules
409.040 Federal
law supersedes state law
409.050 Rules
409.055 Copies
of rules to be available in local offices; availability for inspection
409.060 Department
of Human Services Account
409.070 Department
of Human Services Special Checking Account; petty cash fund
409.075 Volunteer
Emergency Services Fund
409.080 Combination
or elimination of accounts
409.093 Policy
on incorporation of family support policies
409.096 Plan
for incorporating family support consultants; development of protocol and
training
409.100 Director;
appointment; confirmation; salary and expenses
409.110 Authority
of director; grants
409.120 Delegation
of authority of director
409.130 Deputy
director; assistant directors
409.140 Assistant
director as appointing authority; assignment of employees by director
409.150 Deputy
director and assistant directors in unclassified service; other employees;
expenses
409.160 Information
from personnel within department
409.161 Report
to Legislative Assembly on staffing and workload
409.162 Identifying
and implementing workload efficiencies
409.180 Consolidation
of internal audit units
409.182 Streamlining
reporting requirements for human services providers; rules
CHILD WELFARE SERVICES
409.185 Standards
and procedures for child protective services
409.192 Policy
on internal review of department decisions
409.194 Establishment
of review process; sensitive review committee; rules
409.220 Services
relating to prevention, control and treatment of incest and sexual abuse; fees;
rules
409.225 Confidentiality
of child welfare records, files, papers and communications; when disclosure
required
409.230 Disclosure
of information in department reports and other materials; immunities
409.240 Payment
of expenses; rules
409.250 Revolving
fund
409.260 Services
to Children and Families Account
SEXUAL ASSAULT CRISIS CENTERS AND CRISIS
LINES
409.270 Definitions
for ORS 409.273 to 409.285
409.273 Funding
of sexual assault crisis centers and crisis lines; rulemaking
409.276 Standards
for sexual assault crisis centers
409.279 Application
for grants; notification of final action on application
409.282 Services
provided by sexual assault crisis centers and crisis lines
409.285 Sexual
Assault Victims Fund
DOMESTIC VIOLENCE PREVENTION AND
TREATMENT PROGRAMS
409.290 Definitions
for ORS 409.290 to 409.300
409.292 Funding
of programs relating to family violence; rules
409.294 Standards
for shelter homes and safe houses
409.296 Application
for grants; notification of final action on application
409.298 Services
provided by shelter homes, safe houses and crisis lines
409.300 Domestic
Violence Fund
409.304 Limitation
on administrative expenses
VOLUNTEER PROGRAM
409.360 Authorization
to establish volunteer program in department; volunteer as agent of state;
rules
409.365 Department
of Human Services Volunteer Program Donated Fund Account
RESPITE CARE PROGRAM
409.450 Definitions
for ORS 409.450 to 409.478
409.454 Legislative
findings on respite care
409.458 Oregon
Lifespan Respite Care Program established in department; duties
409.462 Community
programs; criteria; administrator of program; advisory council
409.466 Community
program duties; advisory committee
409.470 Description
of respite care services
409.474 Rules
409.478 Use
of funds appropriated to program
CHILD CARE SERVICES
409.610 Legislative
goal
MISCELLANEOUS
409.720 Emergency
planning; rules
409.742 Disclosure
of information pertaining to cremated remains
409.747 Setoff
of liquidated debts
409.750 State
goal to eliminate or alleviate poverty
LONG TERM CARE FACILITY ASSESSMENT
(Temporary provisions relating to long
term care facility assessment are compiled as notes following ORS 409.750)
ADMINISTRATION
409.010 Department of Human Services;
duties; personnel. (1) The Department of Human
Services is created.
(2)
The department is responsible for the delivery and administration of programs
and services relating to:
(a)
Children and families, including but not limited to child protective services,
foster care, residential care for children and adoption services;
(b)
Elderly persons and persons with disabilities, including but not limited to
social, health and protective services and promotion of hiring of otherwise
qualified persons who are certifiably disabled;
(c)
Persons who, as a result of the person’s or the person’s family’s economic,
social or health condition, require financial assistance or other social
services;
(d)
Developmental disabilities;
(e)
Vocational rehabilitation for individuals with disabilities;
(f)
Licensing and regulation of individuals, facilities, institutions and programs
providing health and human services and long term care services delegated to
the department by or in accordance with the provisions of state and federal
law;
(g)
Services provided in long term care facilities, home-based and community-based
care settings and residential facilities to individuals with physical disabilities
or developmental disabilities and to seniors who receive residential facility
care; and
(h)
All other human service programs and functions delegated to the department by
or in accordance with the provisions of state and federal law.
(3)
The department shall be the recipient of all federal funds paid or to be paid
to the state to enable the state to provide the programs and services assigned
to the department except for Medicaid funds that are granted to the Oregon
Health Authority.
(4)(a)
All personnel of the department, including those engaged in the administration
of vocational rehabilitation programs, public assistance programs and services
to families or children in compliance with the federal Social Security laws,
shall be subject to the merit system prescribed in the State Personnel
Relations Law. For purposes of the State Personnel Relations Law, the
department is the appointing authority of all employees in the department.
(b)
The Director of Human Services, in conformity with the State Personnel
Relations Law, may appoint and employ such personnel as may be necessary for
the department, and may appoint and fix the compensation of all assistants and
employees of the department.
(c)
The director may authorize reimbursement of such expenses as are approved by
the department and incurred by assistants and employees of the department, and
by volunteers or other persons not employed by the department, in carrying out
duties assigned or authorized by the department.
(5)
The director may designate employees to be custodians of records within any of
the organizational units of the department, and persons so designated shall
have the duties and powers of custodians of public records as prescribed by
law. Such designation shall be in writing and notice thereof shall be filed in
the office of the Secretary of State, with the director and in the
organizational unit to which the authorization applies. [Formerly 184.750; 1993
c.344 §1; 1999 c.421 §1; 2001 c.900 §5; 2007 c.70 §161; 2009 c.595 §240; 2011
c.720 §79]
409.015 [1993
c.674 §11; repealed by 1997 c.753 §20]
409.020
[Formerly 184.785; 1993 c.798 §48; repealed by 1997 c.704 §10a (409.021 enacted
in lieu of 409.020)]
409.021 [1997
c.704 §10b (enacted in lieu of 409.020); 1999 c.1095 §2; repealed by 2003 c.73 §60]
409.025 Definitions for 409.025 and
409.027. As used in this section and ORS
409.027:
(1)
“Abuse and neglect report” means a report retained by the Department of Human
Services in accordance with ORS 124.085, 419B.030 or 430.757 or a similar
report filed in another state.
(2)
“Care” means treatment, education, training, instruction, placement services,
recreational opportunities or case management, supervision of such services for
clients of the department or department administration and support services for
clients.
(3)
“Subject individual” means a person who is:
(a)
Employed or who seeks to be employed by the department to provide care;
(b)
A volunteer or who seeks to be a volunteer to provide care on behalf of the
department; or
(c)
Providing care or who seeks to provide care on behalf of the department or
another person. [2007 c.444 §1]
409.027 Abuse and neglect reports; rules.
(1) The Department of Human Services may use abuse and neglect reports
maintained by the department for the purpose of providing protective services
or screening subject individuals.
(2)
The department shall adopt rules to carry out the provisions of subsection (1)
of this section.
(3)
The rules adopted in subsection (2) of this section may include:
(a)
Notice and opportunity for due process for a department employee found to be
unfit; and
(b)
Notice and opportunity for hearing in accordance with ORS chapter 183 for a
subject individual described in ORS 409.025 (3)(c).
(4)
Reports maintained under this section are confidential and may not be disclosed
for any purpose other than in accordance with this section or any other
provision of law. [2007 c.444 §2]
409.030 [1991
c.697 §2; repealed by 1993 c.344 §49]
409.040 Federal law supersedes state law.
(1) To the extent that there is any conflict between chapter 319, Oregon Laws
1971, and any federal law referred to or to be administered under chapter 319,
Oregon Laws 1971, the federal law in effect on June 8, 1971, is controlling.
(2)
In all cases where federally granted funds are involved, the federal laws,
rules and regulations applicable thereto shall govern notwithstanding any
provision to the contrary in ORS 409.010, 409.060, 409.070, 409.093 to 409.160,
411.060 and this subsection. [Formerly 184.780]
Note:
Legislative Counsel has substituted “chapter 319, Oregon Laws 1971,” for the
words “this Act” in section 9, chapter 319, Oregon Laws 1971, compiled as
409.040 (formerly 184.780). Specific ORS references have not been substituted,
pursuant to 173.160. These sections may be determined by referring to the 1971
Comparative Section Table located in Volume 20 of ORS.
409.050 Rules.
(1) Pursuant to ORS chapter 183, the Director of Human Services may adopt such
administrative rules as the director considers necessary to carry out the
functions of the Department of Human Services.
(2)
Notwithstanding any other provision of law, the director by order may delegate
authority under subsection (1) of this section to such extent as the director
considers proper to assistant directors of the department. [Formerly 184.787;
2005 c.22 §271]
409.055 Copies of rules to be available in
local offices; availability for inspection. The
Department of Human Services shall maintain in each of its local offices copies
of its rules and regulations that the department is required to file with the
Secretary of State. Copies of the rules and regulations shall be available for
public use and inspection during regular business hours and shall be compiled
and indexed in a manner that will facilitate their use. [2001 c.900 §7]
409.060 Department of Human Services
Account. (1) There is established in the General
Fund of the State Treasury an account to be known as the Department of Human
Services Account. All moneys in this account are appropriated for and shall be
used by the Department of Human Services for the respective purposes authorized
by law. The moneys in the account and all appropriations for the account are
subject to allotment control by the Oregon Department of Administrative
Services.
(2)
The Department of Human Services shall keep a record of all moneys credited to
and deposited in the account. The records shall indicate by separate cumulative
accounts the source from which the moneys were derived and the individual
activity or program against which each withdrawal is charged.
(3)
The unobligated balance in the account on June 30 of each odd-numbered year
shall be determined by the department as of September 30 next following, and
certified to the Oregon Department of Administrative Services. Unless otherwise
provided by law or action of the Emergency Board, the amount certified pursuant
to this subsection shall revert to the General Fund and become available for
general governmental purposes. [Formerly 184.795; 1999 c.421 §2]
409.070 Department of Human Services
Special Checking Account; petty cash fund. (1)
There is established a Department of Human Services Special Checking Account in
the State Treasury. Upon the written request of the Director of Human Services,
the Oregon Department of Administrative Services shall draw payments in favor
of the Department of Human Services to be charged against appropriations and
other moneys available to the Department of Human Services in the same manner
as other claims against the state, as provided in ORS chapter 293. All such
payments shall be deposited in the special checking account and may be
disbursed by check or other means acceptable to the State Treasurer.
(2)
The special checking account may be used for the purpose of paying the
administrative expenses of programs and services as assigned to the Department
of Human Services by law, including the payment of expenses to be reimbursed by
the federal government.
(3)
In addition to the authority provided in ORS 293.180, the Department of Human
Services may establish petty cash funds out of the special checking account or
any account established in the State Treasury for the department. Small cash
disbursements to pay the expenses of the department may be made from a petty
cash fund. Periodically, the department shall request reimbursement for
disbursements made from a petty cash fund. Upon receipt of a reimbursement
payment from an appropriate account, the department shall use the payment to
reimburse the petty cash fund. [Formerly 184.800; 1999 c.421 §3; 1999 c.829 §2;
2001 c.900 §62]
409.075 Volunteer Emergency Services Fund.
(1) There is established a Volunteer Emergency Services Fund in the State
Treasury. The amount of the fund shall not exceed the aggregate sum of $10,000.
(2)
The fund may be used to pay for purchases, by check or other acceptable means,
necessary to assist clients of the Department of Human Services with emergency
circumstances that qualify such clients for assistance from the fund.
(3)
Claims for reimbursement of moneys paid from the Volunteer Emergency Services
Fund shall be submitted to the Department of Human Services and the Oregon
Department of Administrative Services for approval. When the claims have been
approved, the Oregon Department of Administrative Services shall draw a warrant
or make an electronic transfer in favor of the Department of Human Services to
be charged to the appropriate fund or account to reimburse the Volunteer
Emergency Services Fund. [1999 c.829 §3]
409.080 Combination or elimination of
accounts. Notwithstanding any other law, the
Department of Human Services may, with the approval of the Oregon Department of
Administrative Services and the State Treasurer, combine or eliminate any
accounts that are established in statute within the authority of the Department
of Human Services when the Department of Human Services determines that economy
and efficiency in operations can be obtained and that the combination or
elimination of accounts does not substantially alter the intent of the
authorizing statutes. When accounts are combined, the Department of Human
Services retains the authority granted by the statutes establishing the
accounts. [1999 c.829 §4; 2001 c.900 §63]
409.093 Policy on incorporation of family
support policies. It shall be the policy of the
Department of Human Services to incorporate the family support policies under
ORS 417.340 to 417.348 into staff training and information given to the general
public. [1995 c.486 §2; 2001 c.900 §244]
409.096 Plan for incorporating family
support consultants; development of protocol and training.
(1) The Department of Human Services shall develop a plan for incorporating
family support consultants into a percentage of cases managed within the
department. The consultants shall work directly with families to develop
support in a manner consistent with the family support policies under ORS
417.340 to 417.348 and 417.349.
(2)
The department shall consult with the Family Support Advisory Council
established under ORS 417.346, to develop protocol and training consistent with
the family support policies under ORS 417.340 to 417.348 and 417.349. [1995
c.486 §3; 2001 c.900 §245]
409.100 Director; appointment; confirmation;
salary and expenses. (1) The Department of Human
Services shall be under the supervision and control of the Director of Human
Services, who is responsible for providing for programs for the delivery to the
public of the services assigned to the department by ORS 409.010 or otherwise,
and for undertaking long-range planning necessary for the effective and
efficient delivery of these services.
(2)
The Governor shall appoint the director. The director may be removed at any
time at the pleasure of the Governor. The appointment of the director is
subject to confirmation by the Senate in the manner provided in ORS 171.562 and
171.565.
(3)
The director shall receive such salary as may be provided by law or, if not so
provided, as may be fixed by the Governor, and shall be reimbursed for all
expenses actually and necessarily incurred by the director in the performance
of official duties. [Formerly 184.755; 1999 c.421 §§4,5]
409.110 Authority of director; grants.
(1) The Director of Human Services, consistent with any federal requirements
and with the prior consent of the Governor:
(a)
May cause the organizational units within the Department of Human Services to
make joint use of the personnel, resources, information and facilities
available within the department;
(b)
May combine or transfer components of organizational units within the
department; and
(c)
May organize and reorganize the department in the manner the director considers
necessary to properly conduct the work of the department consistent with
federal requirements and after consultation with parties affected by such
change, including but not limited to service providers, advisory committees and
county governments.
(2)
The director may make financial grants to local units of government, nonprofit
organizations and individuals from funds appropriated by the Legislative
Assembly to carry out the department’s responsibilities. [Formerly 184.770;
1999 c.421 §6; 2001 c.900 §64]
409.120 Delegation of authority of
director. (1) The Director of Human Services may
delegate to any of the officers and employees of the department the exercise or
discharge in the director’s name of any power, duty or function of whatever
character vested in or imposed upon the director by law. However, all such
delegations of a continuing nature involving provision for services performed
by the department may be exercised by an officer or employee of the department
only when specifically designated in writing by the director to do so.
(2)
The official act of any person acting in the director’s name and by the
director’s authority pursuant to subsection (1) of this section shall be
considered an official act of the director. [Formerly 184.773]
409.130 Deputy director; assistant
directors. (1) The Director of Human Services may
appoint a deputy director, whose appointment is subject to approval by the
Governor and who shall serve at the pleasure of the director. The deputy
director shall have full authority to act for the director, subject to
directions of the director. The appointment of the deputy director shall be by
written order, filed with the Secretary of State.
(2)
The director may appoint assistant directors as necessary to carry out the
responsibilities of the Department of Human Services. The appointment of each
assistant director is subject to approval by the Governor. An assistant
director serves at the pleasure of the director. [Formerly 184.760; 1999 c.421 §7;
2001 c.900 §65]
409.140 Assistant director as appointing
authority; assignment of employees by director.
(1) For purposes of the State Personnel Relations Law, each assistant director
appointed under ORS 409.130, and any other officer specifically designated by
law, is considered to be the appointing authority with respect to officers and
employees under the supervision of the assistant director or other officer, and
ORS 240.400 applies to each such appointing authority.
(2)
Notwithstanding subsection (1) of this section, the Director of Human Services
at any time may assign an employee from one position to another position in the
same class or rank within the department. Upon making such an assignment or
transfer, the director forthwith shall give written notice of the action to the
Administrator of the Personnel Division. ORS 240.400 applies to the power
vested in the director under this subsection. [Formerly 184.767; 2003 c.14 §172]
409.150 Deputy director and assistant
directors in unclassified service; other employees; expenses.
The deputy director and any assistant directors appointed under ORS 409.130
shall be in the unclassified service of the state. With the approval of the
Director of Human Services, each assistant director may appoint deputies and
principal assistants as necessary to conduct the work of the department.
Notwithstanding ORS 240.205, deputies and principal assistants appointed by an assistant
director shall be in the unclassified service of the state and shall serve at
the pleasure of the director. In addition to their salaries, they shall,
subject to the limitations otherwise provided by law, be reimbursed for all
expenses actually and necessarily incurred in the performance of official
duties. [Formerly 184.765; 2001 c.900 §66; 2007 c.307 §2]
409.160 Information from personnel within
department. (1) The Director of Human Services
shall require from the personnel within the department such information,
reports and documentation, as the director, in the discretion of the director,
determines will be necessary to enable the director to:
(a)
Execute responsibilities pursuant to law.
(b)
Develop and report to the Governor from time to time on legislative, budgetary
and administrative programs to accomplish comprehensive, long-range,
coordinated planning and policy formulation in the matters of public interest
related to the department.
(c)
File with the Oregon Department of Administrative Services, for purposes of ORS
291.208, a budget report for the department.
(2)
Where such information, reports or documentation is confidential in the hands
of departmental personnel, it shall be confidential in the hands of the
director. [Formerly 184.775; 2001 c.900 §67]
409.161 Report to Legislative Assembly on
staffing and workload. (1) The Department of Human
Services shall report to all relevant committees of the Legislative Assembly at
each odd-numbered year regular session with respect to department employees in
the classified service who directly provide:
(a)
Child welfare services under ORS 418.005;
(b)
Temporary assistance for needy families under ORS 412.006;
(c)
Nutritional assistance under ORS 411.816;
(d)
Medical assistance eligibility determinations under ORS 411.404;
(e)
Services to elderly persons and to persons with disabilities under ORS 410.070
and 412.014; and
(f)
Vocational rehabilitation services under ORS 344.530.
(2)
The report of the department under this section shall address each of the
following:
(a)
Workload increases or decreases over the current biennium.
(b)
Workload efficiencies achieved during the current biennium.
(c)
Notwithstanding ORS 291.371 (5), additional staffing needs or decreases in
staffing needs that exist for the current biennium or that are projected for
the next biennium, including a statement of the number of full-time equivalent
positions that are vacant on the date the report is prepared or that can be
double filled in order to meet any needs for additional staffing.
(3)
As used in this section, “double filled” means that the department is using one
budgeted full-time equivalent position to employ more than one employee. [2009
c.598 §1; 2011 c.545 §45; 2011 c.720 §80]
409.162 Identifying and implementing
workload efficiencies. (1) The Department of Human
Services shall collaborate with its existing advisory groups to identify and
implement workload efficiencies in the state agencies that administer programs
providing:
(a)
Child welfare services under ORS 418.005;
(b)
Temporary assistance for needy families under ORS 412.006;
(c)
Nutritional assistance under ORS 411.816;
(d)
Medical assistance eligibility determinations under ORS 411.404;
(e)
Services to elderly persons and to persons with disabilities under ORS 410.070
and 412.014; and
(f)
Vocational rehabilitation services under ORS 344.530.
(2)
The department shall collaborate with the following advisory groups and other
groups designated by the department in identifying and implementing workload
efficiencies:
(a)
The advisory committee created by ORS 418.005 (2).
(b)
The Family Services Review Commission established under ORS 411.075.
(c)
The State Independent Living Council established by Executive Order 94-12.
(d)
The advisory committee established under ORS 344.735.
(e)
Area agency advisory councils required under ORS 410.210.
(f)
The Governor’s Commission on Senior Services created by ORS 410.320. [2009
c.598 §2; 2011 c.720 §81]
409.180 Consolidation of internal audit
units. The Director of Human Services may
consolidate the internal audits units within the Department of Human Services
into an office of audits within the director’s office, in order to achieve a
higher level of independence and economy of management. [1991 c.321 §1]
409.182 Streamlining reporting
requirements for human services providers; rules.
(1) As used in this section, “human services provider” means a person that
receives reimbursement from the Department of Human Services for providing
services to clients of the department and that:
(a)
The department is authorized to require to undergo financial reporting such as
an audit; or
(b)
Is required to report information to the department in a form or manner
prescribed by the department.
(2)
The department shall coordinate with other state agencies and local governments
to find ways to reduce administrative and resource burdens on human services
providers, including, but not limited to, implementing:
(a)
Uniform processes for financial, compliance and other types of audits for human
services providers that include protocols for periodic abbreviated audits and
less frequent full audits;
(b)
Uniform reporting forms for human services providers to report required
information to all state and local entities that regulate the providers; and
(c)
A process through which the department, state agencies and local governments
share information that is reported to any of them by human services providers
in order to avoid the imposition of duplicative reporting requirements on the
providers.
(3)
The department shall evaluate the success of the processes and forms
implemented under subsection (2) of this section in reducing the administrative
and resource burdens on human services providers and shall report the results of
the evaluation to the Seventy-seventh Legislative Assembly in the manner
provided in ORS 192.245.
(4)
The department shall appoint a work group that shall use a continuous
improvement or similar process to review state reporting requirements that
duplicate or exceed federal requirements, to identify state reporting
requirements that are unnecessary and do not produce additional valuable
information and to recommend to the department changes to the department’s
administrative rules or to the Legislative Assembly changes to statutes to
eliminate the duplicate or unnecessary requirements.
(5)
The department may implement any of the changes to administrative rules that
are authorized by state or federal law that are recommended by the work group
under subsection (4) of this section. [2011 c.293 §1]
CHILD WELFARE SERVICES
409.185 Standards and procedures for child
protective services. (1) The Director of Human
Services shall oversee the development of standards and procedures for
assessment, investigation and enforcement of child protective services.
(2)(a)
The Department of Human Services shall take action to implement the provision
of child protective services as outlined in ORS 417.705 to 417.800 and 419A.170
and based on the recommendations in the 1992 “Oregon Child Protective Services
Performance Study” published by the University of Southern Maine.
(b)
In all substantiated cases of child abuse and neglect, the role of the
department is to complete a comprehensive family assessment of risk of abuse or
neglect, or both, assess service needs and provide immediate protective
services as necessary.
(c)
The department shall provide remedial services needed to ensure the safety of
the child.
(d)
In all cases of child abuse and neglect for which a criminal investigation is
conducted, the role of law enforcement agencies is to provide a legally sound,
child sensitive investigation of whether abuse or neglect or both have occurred
and to gather other evidence and perform other responsibilities in accordance with
interagency agreements.
(e)
The department and law enforcement agencies shall conduct the investigation and
assessment concurrently, based upon the protocols and procedures of the county
multidisciplinary child abuse team in each jurisdiction.
(f)
When the department and law enforcement agencies conduct a joint investigation
and assessment, the activities of the department and agencies are to be clearly
differentiated by the protocols of the county multidisciplinary child abuse
team.
(g)
Nothing in this subsection is intended to be inconsistent with ORS 418.702,
418.747 and 418.748 and ORS chapter 419B.
(h)
In all cases of child abuse for which an investigation is conducted, the
department shall provide a child’s parent, guardian or caregiver with a clear
written explanation of the investigation process, the court hearing process and
the rights of the parent, guardian or caregiver in the abuse investigation and
in the court proceedings related to the abuse investigation.
(3)
Upon receipt of a recommendation of the Children’s Advocate under ORS 417.815
(2)(e), the department shall implement the recommendation or give the Children’s
Advocate written notice of an intent not to implement the recommendation. [1993
c.676 §11; 1995 c.79 §397; 1997 c.130 §4; 1997 c.249 §126; 2001 c.900 §68; 2003
c.591 §7; 2005 c.499 §1; 2005 c.562 §24]
409.190 [1993
c.676 §28(1); 1997 c.130 §5; repealed by 2001 c.900 §261]
409.192 Policy on internal review of
department decisions. It is the policy of the State of
Oregon to ensure the integrity of the child welfare system. To this end it is
necessary to provide for a process to allow for appropriate internal review of
decisions made by the Department of Human Services. The state therefore
requires that:
(1)
Citizens shall be guaranteed the right to review of the actions and conduct of
the department.
(2)
Citizens shall be provided with a single place to file complaints concerning
the actions and conduct of the department and shall be entitled to a response
to the complaint within a reasonable period of time.
(3)
Citizens shall not be subjected to reprisal for complaining of an action or
conduct of the department. [1997 c.873 §28]
409.194 Establishment of review process;
sensitive review committee; rules. (1) The
Department of Human Services shall adopt rules establishing a review process to
carry out the policy expressed in ORS 409.192.
(2)
If the actions and conduct of the department are being addressed in a judicial
or administrative proceeding, the review required by subsection (1) of this
section may not be commenced or shall be stayed pending resolution of the
judicial or administrative proceeding.
(3)
The Director of Human Services may convene a sensitive review committee for the
purpose of reviewing the actions and conduct of the department.
(4)(a)
The director may convene a sensitive review committee upon request of the
President of the Senate or the Speaker of the House of Representatives.
(b)
The President shall appoint at least one state Senator and the Speaker shall
appoint at least one state Representative to serve on a sensitive review
committee convened pursuant to paragraph (a) of this subsection. The President
and the Speaker shall use reasonable efforts to ensure that the Senate, the
House of Representatives and the majority and minority parties have balanced
representation on the committee.
(c)
If the director convenes a sensitive review committee pursuant to this
subsection, upon completion of its review, the committee shall develop findings
and conclusions and make recommendations to the director regarding policies and
practices. No more than 180 days after receiving the request from the President
or the Speaker, the director shall submit to the President and the Speaker a
written report containing the findings, conclusions and recommendations of the
committee. Unless exempt from disclosure under ORS chapter 192, the report
shall be disclosed upon request to any member of the Legislative Assembly. [1997
c.873 §29; 2007 c.236 §1; 2011 c.430 §1]
409.210 [Formerly
184.805; repealed by 1993 c.676 §53]
409.220 Services relating to prevention,
control and treatment of incest and sexual abuse; fees; rules.
(1) The Department of Human Services may provide services related to the
prevention, control and treatment of incest and sexual abuse. Those services
include, but are not limited to, consultation, counseling, therapy and
treatment programs for children who are the victims of incest and sex offenses,
their families and the perpetrators of the incest or sex offense.
(2)
When the services described in subsection (1) of this section are provided, the
department may charge the perpetrator a fee not to exceed the cost of the
services. The fee shall vary according to the service provided, and shall be
determined and applied through rules adopted by the department.
(3)
The amount of fees collected under subsection (2) of this section are
continuously appropriated to the department and shall be used to provide the
services described in subsection (1) of this section. [Formerly 184.807]
409.225 Confidentiality of child welfare
records, files, papers and communications; when disclosure required.
(1) In the interest of family privacy and for the protection of children,
families and other recipients of services, the Department of Human Services
shall not disclose or use the contents of any child welfare records, files,
papers or communications that contain any information about an individual
child, family or other recipient of services for purposes other than those directly
connected with the administration of child welfare laws or unless required or
authorized by ORS 419A.255 or 419B.035. The records, files, papers and
communications are confidential and are not available for public inspection.
General information, policy statements, statistical reports or similar
compilations of data are not confidential unless such information is identified
with an individual child, family or other recipient of services or protected by
other provision of law.
(2)
Notwithstanding subsection (1) of this section, unless exempt from disclosure
under ORS chapter 192, the department shall disclose child welfare records:
(a)
About a recipient of services, to the recipient if the recipient is 18 years of
age or older or is legally emancipated, unless prohibited by court order;
(b)
Regarding a specific individual if the individual gives written authorization
to release confidential information;
(c)
Concerning a child receiving services on a voluntary basis, to the child’s
parent or legal guardian;
(d)
To the juvenile court in proceedings regarding the child; and
(e)
Concerning a child who is or has been in the custody of the department, to the
child’s parent or legal guardian except:
(A)
When the child objects; or
(B)
If disclosure would be contrary to the best interests of any child or could be
harmful to the person caring for the child.
(3)
Notwithstanding subsection (1) of this section, unless exempt from disclosure
under ORS chapter 192, the department shall disclose child welfare records, if
in the best interests of the child, to:
(a)
Treatment providers, foster parents, adoptive parents, school officials or
other persons providing services to the child or family to the extent that such
disclosure is necessary to provide services to the child or family; or
(b)
A person designated as a member of a sensitive review committee convened by the
Director of Human Services when the purpose of the committee is to determine
whether the department acted appropriately and to make recommendations to the
department regarding policy and practice.
(4)
Any record disclosed under subsection (1), (2) or (3) of this section shall be
kept confidential by the person or entity to whom the record is disclosed and
shall be used only for the purpose for which disclosure was made.
(5)
Unless exempt from disclosure under ORS chapter 192, when an adult who is the
subject of information made confidential by subsection (1) of this section
publicly reveals or causes to be revealed any significant part of the confidential
matter or information, the protections afforded by subsection (1) of this
section are presumed voluntarily waived and confidential information about the
person making or causing the public disclosure, not already disclosed but
related to the information made public, may be disclosed if disclosure is in
the best interests of the child or necessary to the administration of the child
welfare laws.
(6)
Notwithstanding subsection (1) of this section, unless exempt from disclosure
under ORS chapter 192, the department shall disclose information related to the
department’s activities and responsibilities in a case where child abuse or
neglect has resulted in a child fatality or near fatality or where an adult has
been charged with a crime related to child abuse or neglect.
(7)
Notwithstanding subsections (2), (3), (5) and (6) of this section, ORS 192.501
(3) shall apply to investigatory information compiled for criminal law purposes
that may be in the possession of the department.
(8)
As used in this section, “adult” means a person who is 18 years of age or
older. [1997 c.415 §1; 2001 c.900 §69]
409.230 Disclosure of information in
department reports and other materials; immunities.
(1) Information contained in Department of Human Services reports and other
materials relating to a child’s history and prognosis that, in the professional
judgment of the person providing the information for the reports or other
materials, indicates a clear and immediate danger to another person or to
society shall be disclosed to the appropriate authority and the person or
entity who is in danger from the child.
(2)
An agency or a person who discloses information under subsection (1) of this
section shall have immunity from any liability, civil or criminal, that might
otherwise be incurred or imposed for making the disclosure. The disclosure of
information under this section does not make the information admissible in any
court or administrative proceeding if it is not otherwise admissible. [1991
c.666 §2; 2001 c.900 §70]
409.240 Payment of expenses; rules.
Warrants shall be drawn by the Oregon Department of Administrative Services in
favor of the Department of Human Services for the aggregate amounts of the
Department of Human Services’ expenses. The Department of Human Services shall
deposit all such warrants in the State Treasury in a checking account in
reimbursement of those expenses. The Department of Human Services may draw its
checks on the State Treasury in favor of the persons, firms, corporations,
associations or counties entitled thereto under such rules as it shall adopt so
as to include in single combined payments for specified periods all moneys
allotted to particular payees from various sources for the period. [Formerly
184.820]
409.250 Revolving fund.
(1) On written request of the Department of Human Services, the Oregon
Department of Administrative Services shall draw warrants on amounts
appropriated to the Department of Human Services for operating expenses for use
by the Department of Human Services as a revolving fund. The revolving fund
shall not exceed the aggregate sum of $100,000 including unreimbursed advances.
The revolving fund shall be deposited with the State Treasurer to be held in a
special account against which the Department of Human Services may draw checks.
(2)
The revolving fund may be used by the Department of Human Services to pay for
travel expenses for employees of the department and for any consultants or
advisers for whom payment of travel expenses is authorized by law, or advances
therefor, or for purchases required from time to time or for receipt or
disbursement of federal funds available under federal law.
(3)
All claims for reimbursement of amounts paid from the revolving fund shall be
approved by the Department of Human Services and by the Oregon Department of
Administrative Services. When such claims have been approved, a warrant
covering them shall be drawn in favor of the Department of Human Services and
charged against the appropriate fund or account, and shall be used to reimburse
the revolving fund. [Formerly 184.810]
409.260 Services to Children and Families
Account. (1) There is established in the General
Fund of the State Treasury an account to be known as the Services to Children
and Families Account. All moneys in the Services to Children and Families
Account are continuously appropriated to the Department of Human Services and
shall be used by the department for the purposes authorized by law. The moneys
in the Services to Children and Families Account are subject to allotment
control by the Oregon Department of Administrative Services under ORS 291.232
to 291.260.
(2)
The Department of Human Services shall keep a record of all moneys credited to
and deposited in the Services to Children and Families Account. The record shall
indicate by separate cumulative accounts the source from which the moneys are
derived and the individual activity or program against which each withdrawal is
charged.
(3)
In addition to sources provided under other laws, the sources of revenues in the
Services to Children and Families Account may include recoveries of the cost of
care provided to clients, amounts paid to the Department of Human Services by
other organizations and state agencies in support of the department’s programs
and activities and other moneys received by the department that are incidental
to its operations. [Formerly 184.815; 1997 c.130 §6; 2005 c.755 §32]
SEXUAL ASSAULT CRISIS CENTERS AND CRISIS
LINES
409.270 Definitions for ORS 409.273 to
409.285. As used in ORS 409.273 to 409.285:
(1)
“Crisis line” means an emergency telephone service staffed by persons who are
trained to provide emergency peer counseling, information, referral and
advocacy to victims of sexual offenses and their families.
(2)
“Director” means the Director of Human Services. [1999 c.943 §2; 2001 c.900 §71]
409.273 Funding of sexual assault crisis
centers and crisis lines; rulemaking. (1) The
Director of Human Services may make grants to and enter into contracts with
private nonprofit organizations that provide intervention and support services
to victims of sexual offenses and their families. Grants or contracts under
this subsection may be:
(a)
For the funding of sexual assault crisis centers; and
(b)
For the funding of crisis lines providing services to victims of sexual
offenses and their families.
(2)
Notwithstanding the provisions of ORS 192.001 to 192.170, 192.210 to 192.505
and 192.610 to 192.990:
(a)
The director may by rule provide that the locations of premises utilized for
sexual assault crisis centers shall be kept confidential.
(b)
All information maintained by the sexual assault crisis center or crisis line
relating to clients is confidential. Except for the names of clients, necessary
information may be disclosed to the director. [1999 c.943 §3]
409.276 Standards for sexual assault
crisis centers. The Director of Human Services
shall establish minimum standards for sexual assault crisis centers receiving
grants or other financial assistance under ORS 409.273. [1999 c.943 §4]
409.279 Application for grants;
notification of final action on application. (1) A
private nonprofit organization operating a sexual assault crisis center or
crisis line may apply to the Director of Human Services for a grant under ORS
409.273. The organization must submit to the director, at the time of
application:
(a)
A statement of services provided;
(b)
Proof of maintenance of accurate and complete financial records;
(c)
Clearly defined written policies and procedures; and
(d)
A list of members of the governing board.
(2)
The director shall approve or reject applications within 60 days after receipt.
The director shall mail written notification to the applicant no later than
five working days following final action taken on the application.
(3)
The director shall consider the geographic area of the state from which an
application is submitted to the end that all areas of the state develop
programs to deal with the victims of sexual offenses. [1999 c.943 §5]
409.282 Services provided by sexual
assault crisis centers and crisis lines. Services
provided by sexual assault crisis centers and crisis lines receiving grants or
other financial assistance under ORS 409.273 shall be made accessible and
available to all persons who reside in the area served who may need the
services. If a sexual assault crisis center or crisis line receiving funds
under ORS 409.273 is unable to provide necessary services to a client, it shall
refer the client to alternative community resources. [1999 c.943 §6]
409.285 Sexual Assault Victims Fund.
(1) There is established the Sexual Assault Victims Fund in the Services to
Children and Families Account of the General Fund established under ORS
409.260.
(2)
All moneys credited to the Sexual Assault Victims Fund are continuously
appropriated for the purposes of ORS 409.273 to be expended by the Director of
Human Services as provided in ORS 409.273. However, the director shall expend
not more than five percent of such moneys for administrative costs of the
Department of Human Services incurred under ORS 409.273. [1999 c.943 §7]
DOMESTIC VIOLENCE PREVENTION AND
TREATMENT PROGRAMS
409.290 Definitions for ORS 409.290 to
409.300. As used in ORS 409.290 to 409.300
unless the context requires otherwise:
(1)
“Crisis line” means an emergency telephone service staffed by persons who are
trained to provide emergency peer counseling, information, referral and
advocacy to victims of domestic violence and their families.
(2)
“Director” means the Director of Human Services.
(3)
“Family violence” means the physical injury, sexual abuse or forced
imprisonment, or threat thereof, of a person by another who is related by
blood, marriage or intimate cohabitation at the present or has been related at
some time in the past, to the extent that the person’s health or welfare is
harmed or threatened thereby, as determined in accordance with rules prescribed
by the director.
(4)
“Safe house” means a place of temporary refuge, offered on an “as needed” basis
to victims of domestic violence and their families.
(5)
“Shelter home” means a place of temporary refuge, offered on a 24-hour,
seven-day per week basis to victims of domestic violence and their children. [Formerly
108.610]
409.292 Funding of programs relating to
family violence; rules. (1) The Director of Human
Services may make grants to and enter into contracts with nonprofit private
organizations or public agencies for programs and projects designed to prevent,
identify and treat family violence. Grants or contracts under this subsection
may be:
(a)
For the funding of shelter homes for spouses and children who are or have
experienced family violence including acquisition and maintenance of shelter
homes;
(b)
For the funding of crisis lines providing services to victims of domestic
violence and their families;
(c)
For the funding of safe houses for victims of domestic violence and their
families; and
(d)
For the development and establishment of programs for professional and
paraprofessional personnel in the fields of social work, law enforcement, education,
law, medicine and other relevant fields who are engaged in the field of the
prevention, identification and treatment of family violence and training
programs in methods of preventing family violence.
(2)
The director shall not make a grant to any organization or agency under this
section except on the condition that a local governmental unit or community
organization provide matching moneys equal to 25 percent of the amount of the
grant. The applying organization itself may contribute to or provide the
required local matching funds. The value of in kind contributions and volunteer
labor from the community may be computed and included as a part of the local
matching requirement imposed by this subsection.
(3)
Notwithstanding the provisions of ORS 192.001 to 192.170, 192.210 to 192.505
and 192.610 to 192.990:
(a)
The director may by rule provide that the locations of premises utilized for
shelter homes or other physical facilities in family violence programs and
projects shall be kept confidential.
(b)
All information maintained by the shelter home, safe house or crisis line
relating to clients is confidential. However, crisis lines specifically funded
to provide services for victims of child abuse are subject to the requirements
of ORS 419B.005 to 419B.050. Except for the names of clients, necessary
information may be disclosed to the director. [Formerly 108.620]
409.294 Standards for shelter homes and
safe houses. The Director of Human Services shall
establish minimum standards to insure that shelter homes and safe houses
receiving grants under ORS 409.292 provide services meeting basic survival
needs, including, but not limited to, food, clothing, housing, safety,
security, client advocacy and counseling. [Formerly 108.630]
409.296 Application for grants;
notification of final action on application. (1) A
public agency or nonprofit private organization operating a shelter home or
safe house may apply to the Director of Human Services for a grant under ORS
409.292. The agency or organization must submit to the director, at the time of
application:
(a)
A statement of services provided;
(b)
Proof of maintenance of accurate and complete financial records;
(c)
Assurance of compliance with local building, fire and health codes for existing
structures;
(d)
Clearly defined written intake and referral policies and procedures; and
(e)
If operated by a private organization, a list of members of the governing
board.
(2)
The director shall approve or reject applications within 60 days after receipt.
The director shall mail written notification to the applicant no later than
five working days following final action taken on the application.
(3)
The director shall consider the geographic area of the state from which an
application is submitted to the end that all areas of the state develop
programs to deal with domestic violence. [Formerly 108.640]
409.298 Services provided by shelter
homes, safe houses and crisis lines. Services
provided by shelter homes, safe houses and crisis lines receiving grants or other
financial assistance under ORS 409.292 shall be made accessible and available
to all persons who reside in the area served who may need the services. If a
shelter home, safe house or crisis line receiving funds pursuant to ORS 409.292
to 409.300 is unable to provide necessary services to a client, it shall refer
the client to alternative community resources. [Formerly 108.650]
409.300 Domestic Violence Fund.
(1) There is established the Domestic Violence Fund in the Services to Children
and Families Account of the General Fund established under ORS 409.260.
(2)
All moneys received by the Director of Human Services under ORS 106.045 or
106.330 and any other funds allocated for expenditure under ORS 409.292 shall
be credited to the Domestic Violence Fund.
(3)
All moneys credited to the Domestic Violence Fund are continuously appropriated
for the purposes of ORS 409.292 to be expended by the director as provided in
ORS 409.290 and 409.292. However, the director shall expend not more than 10
percent of such moneys for administrative costs of the Department of Human
Services incurred under ORS 409.290 and 409.292. [Formerly 108.660; 2007 c.99 §15]
409.304 Limitation on administrative
expenses. Grants awarded through funding from the
Criminal Fine Account for domestic violence programs shall be used to support
direct services, with no more than five percent of each grant to be spent for
administration. [Formerly 108.662; 2011 c.597 §135]
409.310
[Formerly 184.830; 2001 c.900 §72; repealed by 2011 c.720 §228]
409.320
[Formerly 184.840; 2005 c.726 §24; 2009 c.595 §241; renumbered 413.430 in 2011]
409.330
[Formerly 184.835; 2009 c.595 §242; repealed by 2011 c.720 §228]
VOLUNTEER PROGRAM
409.360 Authorization to establish
volunteer program in department; volunteer as agent of state; rules.
(1) The Director of Human Services is authorized to establish the Department of
Human Services Volunteer Program to assist in carrying out the duties of the
Department of Human Services.
(2)
A volunteer who is performing services pursuant to the Department of Human
Services Volunteer Program established under subsection (1) of this section is
an agent of the state for purposes of ORS 30.260 to 30.300 and is not an agent
of local governments or nonprofit entities that utilize the volunteer’s
services. However, local government or nonprofit entities are responsible for
their own negligent acts or those of their own officers, employees and agents.
(3)
The director is authorized to adopt all rules necessary to implement and
administer the Department of Human Services Volunteer Program. [1997 c.597 §1;
1999 c.421 §8]
409.365 Department of Human Services
Volunteer Program Donated Fund Account. (1) The
Department of Human Services Volunteer Program Donated Fund Account is established
separate and distinct from the General Fund. Interest earned, if any, shall
inure to the benefit of the account. The moneys in the account are appropriated
continuously to the Department of Human Services.
(2)
The Department of Human Services Volunteer Program shall keep a record of all
moneys credited to and deposited in the Department of Human Services Volunteer
Program Donated Fund Account. The record shall indicate the source from which
the moneys are derived and the activity or program against which each
withdrawal is charged.
(3)
All private donations or contributions made for the use or benefit of the
Department of Human Services Volunteer Program shall be deposited in the
Department of Human Services Volunteer Program Donated Fund Account. All funds
deposited in that account shall be used for direct program expenditures for the
Department of Human Services Volunteer Program and shall not be used for direct
or indirect administrative expenditures. [1997 c.597 §2; 1999 c.421 §9]
409.410 [Formerly
184.757; 1997 c.166 §1; 2001 c.900 §73; 2009 c.595 §243; 2011 c.673 §11;
renumbered 430.256 in 2011]
409.420
[Formerly 184.759; 2003 c.14 §173; 2009 c.595 §244; repealed by 2011 c.673 §45]
409.425 [1999
c.229 §2; 2003 c.14 §174; 2009 c.595 §245; renumbered 430.272 in 2011]
409.430 [1999
c.985 §3; 2009 c.595 §246; renumbered 413.520 in 2011]
409.435 [1999
c.985 §2; 2009 c.595 §247; renumbered 413.522 in 2011]
RESPITE CARE PROGRAM
409.450 Definitions for ORS 409.450 to
409.478. As used in ORS 409.450 to 409.478:
(1)
“Caregiver” means an individual providing ongoing care for an individual with
special needs.
(2)
“Community lifespan respite care program” means a noncategorical respite care
program that:
(a)
Is operated by community-based private nonprofit, for-profit or public agencies
that provide respite care services;
(b)
Receives funding through the Oregon Lifespan Respite Care Program established
under ORS 409.458;
(c)
Serves an area of one or more counties;
(d)
Acts as a single local source of information and referral; and
(e)
Facilitates access to local respite care services.
(3)
“Noncategorical care” means care without regard to the status of the individual
receiving care, including but not limited to age and type of special need.
(4)
“Provider” means an individual or agency selected by a family or caregiver to
provide respite care to an individual with special needs.
(5)
“Respite care” means the provision of short-term relief to primary caregivers
from the demands of ongoing care for an individual with special needs.
(6)
“Respite care services” includes:
(a)
Recruiting and screening paid and unpaid respite care providers;
(b)
Identifying local training resources and organizing training opportunities for
respite care providers;
(c)
Matching families and caregivers with providers and other types of respite
care;
(d)
Linking families and caregivers with payment resources;
(e)
Identifying, coordinating and developing community resources for respite care;
(f)
Providing quality assurance and evaluation; and
(g)
Assisting families and caregivers to identify respite care needs and resources.
(7)
“Special needs” includes:
(a)
Alzheimer’s disease and related disorders;
(b)
Developmental disabilities;
(c)
Physical disabilities;
(d)
Chronic illness;
(e)
Mental illness;
(f)
Behavioral and emotional conditions that require supervision;
(g)
Situations in which a high risk of abuse or neglect exists; and
(h)
Such other situations or conditions as the Department of Human Services may
establish by rule. [1997 c.745 §1; 2007 c.71 §104; 2007 c.512 §1]
409.454 Legislative findings on respite
care. The Legislative Assembly finds that:
(1)
Supporting the efforts of families and caregivers to care for individuals with
special needs at home is efficient, cost effective and humane. Families
receiving occasional respite care relief are less likely to request admission
of an individual with special needs to nursing homes, foster care or other
out-of-home care at public expense.
(2)
Respite care reduces family and caregiver stress, enhances family and caregiver
coping ability and strengthens family ability to meet the challenging demands
of caring for individuals with special needs.
(3)
Respite care reduces the risk of abuse and neglect of children, senior citizens
and other vulnerable groups.
(4)
Coordinated, noncategorical respite care services must be available locally to
provide reliable short-term relief when it is needed by families and caregivers
regardless of where they live in Oregon. [1997 c.745 §2]
409.458 Oregon Lifespan Respite Care
Program established in department; duties. The
Director of Human Services shall establish the Oregon Lifespan Respite Care
Program to develop and encourage statewide coordination of respite care and to
work with community-based private nonprofit, for-profit or public agencies and
interested citizen groups in the establishment of community lifespan respite
care programs. The Oregon Lifespan Respite Care Program shall:
(1)
Provide policy and program development support, including but not limited to
data collection and outcome measures;
(2)
Identify and promote resolution of local and state level policy concerns;
(3)
Provide technical assistance to community lifespan respite care programs in the
areas of respite care program operations, resource development, best practices,
training, coordination with other caregiver programs and promoting public
awareness;
(4)
Develop and distribute respite care information;
(5)
Promote the exchange of information and coordination among state and local
government, community lifespan respite care programs, agencies serving
individuals with special needs, families and respite care advocates to
encourage efficient provision of respite care and reduce duplication of effort;
(6)
Ensure statewide access to community lifespan respite care programs; and
(7)
Monitor and evaluate implementation of community lifespan respite care
programs. [1997 c.745 §3; 2007 c.512 §2]
409.462 Community programs; criteria;
administrator of program; advisory council. (1)
The Department of Human Services through the Oregon Lifespan Respite Care
Program shall coordinate the establishment of community lifespan respite care
programs. The program shall accept proposals to operate community lifespan
respite care programs, submitted in the form and manner required by the
program, from community-based private nonprofit, for-profit or public agencies
that provide respite care services. According to criteria established by the
Department of Human Services, the Oregon Lifespan Respite Care Program shall
designate and fund agencies described in this section to operate the community
lifespan respite care programs.
(2)
The Director of Human Services shall create the position of administrator of
the Oregon Lifespan Respite Care Program to carry out the duties of the
program.
(3)
The Director of Human Services shall appoint an advisory council to the Oregon
Lifespan Respite Care Program. The council shall be composed of respite care
program managers, respite care consumers, family members and other interested
individuals and shall meet no fewer than four times per year. [1997 c.745 §4;
2007 c.512 §3]
409.466 Community program duties; advisory
committee. Each community lifespan respite care
program established pursuant to ORS 409.458 shall:
(1)
Involve key local individuals and agencies in the community lifespan respite
care program planning process.
(2)
Create an advisory committee to advise the community lifespan respite care
program on how the program may best serve the needs of families and caregivers
of individuals with special needs. A majority of the members of the advisory
committee shall be family members and caregivers of individuals with special
needs. Other members shall include respite care providers, representatives of
local service agencies and other community representatives. Committee
membership shall represent senior citizens, adults and children with special
needs, and families at risk of abuse or neglect. [1997 c.745 §5; 2007 c.512 §4]
409.470 Description of respite care
services. Respite care services made available
through the Oregon Lifespan Respite Care Program shall:
(1)
Include a flexible array of respite care options responsive to family and
caregiver needs and available before families and caregivers are in a crisis
situation;
(2)
Be sensitive to the unique needs, strengths and multicultural values of an
individual, family or caregiver;
(3)
Offer the most efficient access to an array of coordinated respite care
services that are built on existing community supports and services;
(4)
Be driven by community strengths, needs and resources; and
(5)
Use a variety of funds and resources, including but not limited to:
(a)
Family or caregiver funds;
(b)
Private and volunteer resources;
(c)
Public funds; and
(d)
Exchange of care among families or caregivers. [1997 c.745 §6]
409.474 Rules.
The Department of Human Services shall adopt all rules necessary for the
operation and administration of the Oregon Lifespan Respite Care Program, including
but not limited to:
(1)
Establishing criteria, procedures and timelines for designation of the
community-based private nonprofit, for-profit or public agencies that will
receive funding to provide respite services under community lifespan respite
care programs;
(2)
Requiring that community lifespan respite care programs publicize the telephone
number and address where families and caregivers may contact the program;
(3)
Establishing operational guidelines and outcome measures for state and community
lifespan respite care programs;
(4)
Establishing program reporting and data collection requirements;
(5)
Creating statewide minimum standards for lifespan respite care providers;
(6)
Establishing standards for coordination between the Oregon Lifespan Respite
Care Program and other caregiving programs; and
(7)
Establishing a statewide quality assurance process and quality assurance
measures. [1997 c.745 §7; 2007 c.512 §5]
409.478 Use of funds appropriated to
program. The Oregon Lifespan Respite Care
Program may use the funds appropriated to the program for the following
purposes:
(1)
The purposes established in ORS 409.458 and 409.462;
(2)
Costs related to ongoing provider recruitment and training, information and
referral, outreach and other components of the provision of local respite care;
(3)
One time only start-up costs related to the establishment of the community
lifespan respite care program;
(4)
Administrative costs for maintaining ongoing program operation at both the
state and local levels, including technology acquisition and upgrades to expand
access to respite care services and to improve accountability; and
(5)
The purchase of community-based respite care for families and individuals. [1997
c.745 §9; 2007 c.512 §6]
409.500 [2001
c.987 §1; 2007 c.528 §1; 2009 c.595 §248; renumbered 413.570 in 2011]
409.510 [2001
c.987 §3; 2007 c.528 §2; 2009 c.11 §48; renumbered 413.572 in 2011]
409.520 [2001
c.987 §2; 2003 c.14 §175; 2005 c.162 §1; 2007 c.528 §3; 2009 c.442 §35; 2009
c.595 §249; 2011 c.272 §6; renumbered 413.574 in 2011]
409.530 [2001
c.987 §5; 2009 c.595 §250; renumbered 413.576 in 2011]
409.540 [2001
c.987 §9; 2009 c.595 §251; renumbered 413.580 in 2011]
409.550 [2001
c.987 §6; renumbered 413.582 in 2011]
409.560 [2001
c.987 §10; 2005 c.162 §2; 2007 c.528 §4; renumbered 413.590 in 2011]
409.565 [2001
c.987 §11; 2001 c.987 §11a; 2010 c.43 §8; renumbered 413.592 in 2011]
409.570 [2001
c.987 §8; renumbered 413.599 in 2011]
409.600 [1999
c.822 §1; 2009 c.595 §252; renumbered 413.500 in 2011]
CHILD CARE SERVICES
409.610 Legislative goal.
It is the goal of the Legislative Assembly to provide programs to make child
care services more affordable, to improve the quality of services offered and
to increase the number of child care providers. Programs should be tailored to
the needs of local communities and should include a combination of actions that
will address both targeted populations, such as teen parents or children with
disabilities, and low-income working or student parents. [1991 c.697 §1; 2007
c.70 §162]
409.615 [2001
c.903 §1; renumbered 413.550 in 2011]
409.617 [2001
c.903 §2; renumbered 413.552 in 2011]
409.619 [2001
c.903 §3; 2009 c.595 §253; 2011 c.273 §7; renumbered 413.554 in 2011]
409.620 [1991 c.697
§4; repealed by 1993 c.676 §53]
409.621 [2001
c.903 §4; 2009 c.595 §254; renumbered 413.556 in 2011]
409.623 [2001
c.903 §5; 2009 c.595 §255; renumbered 413.558 in 2011]
409.625 [2001
c.903 §7; 2009 c.595 §256; renumbered 413.560 in 2011]
409.630 [1991
c.697 §6; repealed by 1993 c.676 §53]
409.710
[Formerly 184.883; 2001 c.900 §74; 2003 c.14 §176; renumbered 411.171 in 2011]
MISCELLANEOUS
409.720 Emergency planning; rules.
(1) As used in this section:
(a)
“Adult foster home” has the meaning given that term in ORS 443.705 (1).
(b)
“Health care facility” has the meaning given that term in ORS 442.015.
(c)
“Residential facility” has the meaning given that term in ORS 443.400 (6).
(2)
Every adult foster home, health care facility and residential facility licensed
or registered by the Department of Human Services shall:
(a)
Adopt a plan to provide for the safety of persons who are receiving care at or
are residents of the home or facility in the event of an emergency that
requires immediate action by the staff of the home or facility due to
conditions of imminent danger that pose a threat to the life, health or safety
of persons who are receiving care at or are residents of the home or facility;
and
(b)
Provide training to all employees of the home or facility about the
responsibilities of the employees to implement the plan required by this
section.
(3)
The department shall adopt by rule the requirements for the plan and training
required by this section. The rules adopted shall include, but are not limited
to, procedures for the evacuation of the persons who are receiving care at or
are residents of the adult foster home, health care facility or residential
facility to a place of safety when the conditions of imminent danger require
relocation of those persons. [2007 c.205 §1; 2009 c.595 §257; 2009 c.792 §33]
409.740 [2005
c.362 §1; 2009 c.595 §258; renumbered 413.246 in 2011]
409.742 Disclosure of information pertaining
to cremated remains. (1) Notwithstanding any other
provision of law, the Department of Human Services shall disclose to the
general public the name and the dates of birth and death of a person whose
cremated remains are in the possession of the department for the purpose of:
(a)
Giving a family member of the person an opportunity to claim the cremated
remains; and
(b)
Creating a memorial for those persons whose cremated remains are not claimed.
(2)
If an individual contacts the department to determine whether the department is
in possession of the cremated remains of a family member of the individual and
the department determines that the department is in possession of the cremated
remains, the department shall disclose to the individual that the department is
in possession of the cremated remains and offer the individual the opportunity
to claim the remains.
(3)
As used in this section, “family member” means any individual related by blood,
marriage or adoption to a person whose cremated remains are in the possession
of the department. [2005 c.823 §1; 2007 c.9 §1]
409.745 [2003
c.608 §1; 2009 c.595 §259; renumbered 413.248 in 2011]
409.747 Setoff of liquidated debts.
Notwithstanding ORS 411.760, liquidated and delinquent debts owed to the
Department of Human Services may be set off against amounts owed by the department
to the debtors. [2007 c.446 §1; 2009 c.595 §260]
409.750 State goal to eliminate or alleviate
poverty. The State of Oregon desires to assist
and enable the poor to achieve maximum feasible economic self-sufficiency. It
shall be a state goal to eliminate or alleviate the causes and conditions of
poverty in Oregon. The state shall assist community action agencies to
stimulate a better focusing of all available local, state, federal and private
resources upon the goal. [Formerly 184.801]
LONG TERM CARE FACILITY ASSESSMENT
Note:
Sections 15 to 24, 29 and 31, chapter 736, Oregon Laws 2003, provide:
Sec. 15. As
used in sections 15 to 22, chapter 736, Oregon Laws 2003:
(1)
“Assessment rate” means the rate established by the Director of Human Services
under section 17, chapter 736, Oregon Laws 2003.
(2)
“Assessment year” means a 12-month period, beginning July 1 and ending the
following June 30, for which the assessment rate being determined is to apply.
(3)
“Gross revenue”:
(a)
Means the revenue paid to a long term care facility for patient care, room,
board and services, less contractual adjustments; and
(b)
Does not include:
(A)
Revenue derived from sources other than long term care facility operations,
including but not limited to donations, interest and guest meals, or any other
revenue not attributable to patient care; and
(B)
Hospital revenue or revenue derived from hospital operations.
(4)
“Long term care facility” has the meaning given that term in ORS 442.015, but
does not include an intermediate care facility for persons with mental
retardation.
(5)
“Medicaid patient days” means patient days attributable to patients who receive
medical assistance under a plan described in 42 U.S.C. 1396a et seq.
(6)
“Patient days” means the total number of patients occupying beds in a long term
care facility for all days in the calendar period for which an assessment is
being reported and paid. For purposes of this subsection, if a long term care
facility patient is admitted and discharged on the same day, the patient shall
be deemed to occupy a bed for one day. [2003 c.736 §15; 2005 c.757 §3; 2007
c.70 §358; 2007 c.780 §7]
Sec. 16. (1) A
long term care facility assessment is imposed on each long term care facility
in this state.
(2)
The amount of the assessment equals the assessment rate times the number of
patient days, including Medicaid patient days, at the long term care facility
for a calendar quarter.
(3)
The assessment shall be reported on a form prescribed by the Department of
Human Services and shall contain the information required to be reported by the
department. The assessment form shall be filed with the department on or before
the last day of the month following the end of the calendar quarter for which
the assessment is being reported. The long term care facility shall pay the
assessment at the time the facility files the assessment report. The payment
shall accompany the report unless the payment is transmitted electronically or
unless the department permits a later payment under criteria prescribed by the
department by rule.
(4)
A long term care facility is not guaranteed that any additional moneys paid to
the facility in the form of reimbursements calculated according to the
methodology described in section 24 (4), chapter 736, Oregon Laws 2003, shall
equal or exceed the amount of the long term care facility assessment paid by
the facility. [2003 c.736 §16; 2005 c.757 §4; 2007 c.780 §8]
Sec. 17. (1) On
or before June 15 of each year, the Director of Human Services shall establish
an assessment rate for long term care facilities that are not exempt for the
assessment year from the assessment imposed under section 16, chapter 736,
Oregon Laws 2003. The assessment rate shall apply prospectively to the
assessment year. The assessment rate shall be a rate estimated to collect an
amount that does not exceed six percent of the annual gross revenue of all long
term care facilities in this state, as determined from the financial statements
or revenue reports, prescribed by the director by rule, filed by long term care
facilities for the period ending June 30 of the previous year. For purposes of
establishing an assessment rate pursuant to this subsection, the director shall
exclude the annual gross revenue of long term care facilities that are exempt
from the assessment imposed under section 16, chapter 736, Oregon Laws 2003.
(2)
On or before October 15 of each year, the Department of Human Services shall
refund any overage in tax dollars collected under section 16, chapter 736,
Oregon Laws 2003, that exceeds the maximum percentage of the projected annual
gross revenue of all long term care facilities in this state as described in
subsection (1) of this section. The department shall refund any overage
described in this subsection by crediting the percentage of the overage
attributable to each long term care facility subject to the assessment
described in section 16, chapter 736, Oregon Laws 2003, against taxes owed by
that facility in succeeding assessment periods. The department may collect any
delinquent assessments, but may not collect any underages in actual collections
through an adjustment in assessment rates. [2003 c.736 §17; 2005 c.757 §5; 2007
c.780 §9]
Sec. 18. (1)
The Oregon Veterans’ Home is exempt from the assessment imposed under section
16, chapter 736, Oregon Laws 2003.
(2)
A waivered long term care facility is exempt from the long term care facility
assessment imposed under section 16, chapter 736, Oregon Laws 2003.
(3)
As used in this section, “waivered long term care facility” means:
(a)
A long term care facility operated by a continuing care retirement community
that is registered under ORS 101.030 and that admits:
(A)
Residents of the continuing care retirement community; or
(B)
Residents of the continuing care retirement community and nonresidents; or
(b)
A long term care facility that is annually identified by the Department of
Human Services as having a Medicaid recipient census that exceeds the census
level established by the department for the year for which the facility is
identified. [2003 c.736 §18; 2003 c.736 §34; 2005 c.757 §7; 2007 c.780 §10]
Sec. 19. (1) A
long term care facility that fails to file a report or pay an assessment under
section 16 of this 2003 Act by the date the report or payment is due shall be
subject to a penalty of $500 per day of delinquency. The total amount of
penalties imposed under this section for each reporting period may not exceed
five percent of the assessment for the reporting period for which penalties are
being imposed.
(2)
Penalties imposed under this section shall be collected by the Department of
Human Services and deposited in the Department of Human Services Account
established under ORS 409.060.
(3)
Penalties paid under this section are in addition to and not in lieu of the
assessment imposed under section 16 of this 2003 Act. [2003 c.736 §19]
Sec. 20. (1) A
long term care facility that has paid an amount that is not required under
sections 15 to 22 of this 2003 Act may file a claim for refund with the
Department of Human Services.
(2)
Any long term care facility aggrieved by an action of the Department of Human
Services or by an action of the Director of Human Services taken under sections
15 to 22 of this 2003 Act shall be entitled to notice and an opportunity for a
contested case hearing under ORS chapter 183. [2003 c.736 §20]
Sec. 21. (1)
Each long term care facility subject to assessment under section 16 of this
2003 Act shall maintain records sufficient to determine the amount of the
assessment under section 16 of this 2003 Act.
(2)
Unless otherwise exempt, a long term care facility shall report the payment of
the assessment as an allowable cost for Medicaid reimbursement purposes.
(3)
The Department of Human Services may audit the records of any long term care
facility in this state to determine compliance with sections 15 to 22 of this
2003 Act. The department may audit records at any time for a period of three
years following the date an assessment is due to be reported and paid under
section 16 of this 2003 Act. [2003 c.736 §21]
Sec. 22.
Amounts collected by the Department of Human Services from the assessment under
section 16, chapter 736, Oregon Laws 2003 shall be deposited in the Long Term
Care Facility Quality Assurance Fund established under section 24, chapter 736,
Oregon Laws 2003. [2003 c.736 §22; 2005 c.757 §10]
Sec. 23.
Sections 15 to 22, chapter 736, Oregon Laws 2003, apply to long term care
facility assessments imposed in calendar quarters beginning on or after
November 26, 2003, and before July 1, 2014. [2003 c.736 §23; 2005 c.757 §8;
2007 c.780 §11]
Sec. 24. (1)
The Long Term Care Facility Quality Assurance Fund is established in the State
Treasury, separate and distinct from the General Fund. Interest earned by the
Long Term Care Facility Quality Assurance Fund shall be credited to the fund.
(2)
Amounts in the Long Term Care Facility Quality Assurance Fund are continuously
appropriated to the Department of Human Services for the purposes of paying
refunds due under section 20, chapter 736, Oregon Laws 2003, and funding long
term care facilities, as defined in section 15, chapter 736, Oregon Laws 2003,
that are a part of the Oregon Medicaid reimbursement system.
(3)
Funds in the Long Term Care Facility Quality Assurance Fund and the matching
federal financial participation under Title XIX of the Social Security Act may
be used to fund Medicaid-certified long term care facilities using only the
reimbursement methodology described in subsection (4) of this section to
achieve a rate of reimbursement greater than the rate in effect on June 30,
2003.
(4)
The reimbursement methodology used to make additional payments to
Medicaid-certified long term care facilities includes but is not limited to:
(a)
Rebasing biennially, beginning on July 1 of each odd-numbered year;
(b)
Adjusting for inflation in the nonrebasing year;
(c)
Continuing the use of the pediatric rate;
(d)
Continuing the use of the complex medical needs additional payment;
(e)
Discontinuing the use of the relationship percentage, except when calculating
the pediatric rate in paragraph (c) of this subsection; and
(f)
Requiring the Department of Human Services to reimburse costs at a rate not
lower than the 63rd percentile ceiling of allowable costs for the biennium for
which the reimbursement is made. [2003 c.736 §24; 2005 c.757 §11; 2007 c.780 §12]
Sec. 29.
Notwithstanding any other provision of law, an assessment under sections 15 to
22, chapter 736, Oregon Laws 2003, may be imposed only in a calendar quarter
for which the long term care facility reimbursement rate that is part of the
Oregon Medicaid reimbursement system was calculated according to the
methodology described in section 24 (4), chapter 736, Oregon Laws 2003. The
Department of Human Services may make retroactive increases in payments for the
first six months the assessment is imposed. [2003 c.736 §29; 2007 c.780 §13]
Sec. 31.
Sections 15 to 22, 24 and 29, chapter 736, Oregon Laws 2003, are repealed on
January 2, 2015. [2003 c.736 §31; 2005 c.757 §9; 2007 c.780 §14; 2009 c.11 §49]
Note:
Section 21, chapter 780, Oregon Laws 2007, provides:
Sec. 21.
Sections 22 and 23 of this 2007 Act and sections 24 and 29, chapter 736, Oregon
Laws 2003, are added to and made a part of sections 15 to 22, chapter 736,
Oregon Laws 2003. [2007 c.780 §21]
Note:
Sections 19 and 20, chapter 827, Oregon Laws 2009, provide:
Sec. 19.
Notwithstanding section 24, chapter 736, Oregon Laws 2003, for the biennium
beginning July 1, 2011, the Department of Human Services may limit
reimbursement paid to Medicaid-certified long term care facilities to the rates
in effect on June 30, 2011, in accordance with the legislatively adopted
budget. [2009 c.827 §19; 2011 c.630 §84]
Sec. 20.
Section 19, chapter 827, Oregon Laws 2009, is repealed on June 30, 2013. [2009
c.827 §20; 2011 c.630 §85]
_______________