Or. Admin. R. 411-348-0410

Current through Register Vol. 63, No. 8, August 1, 2024
Section 411-348-0410 - Alternative Care, Childcare, Camp, and Alternate Caregivers
(1) A program provider must establish written policies and procedures for addressing a child's safety and support needs when the child is receiving support in a setting other than the licensed Host Home or the child's family home. The policies and procedures must address:
(a) Informing of and approval by the program provider for the support of a child away from the Host Home setting or child's family home;
(b) Safety measures to assure caregivers given the responsibility for the supervision and support of a child are safe and have adequate skills and knowledge to safely support the child;
(c) Settings are licensed, certified, or approved as a designated setting for care when the child is supported overnight away from the Host Home or the child's family home;
(d) Alternative care settings and caregivers are provided with adequate information to safely support the child; and
(e) Planning to ensure the in-residence caregiver or staff are able to immediately respond if a situation arises that results in the child needing intervention or to leave the alternative care setting.
(2) ALTERNATIVE CARE. A program provider must establish a plan for respite for a child's in-residence caregiver in accordance with the child's needs when the support to the child is delivered in a setting other than the Host Home setting or the child's family home.
(a) Alternative care settings must be currently:
(A) Licensed as a Host Home in accordance with these rules;
(B) Licensed as a 24-Hour Residential Program Setting in accordance with OAR chapter 411, division 325; or
(C) Certified as a Child Foster Home in accordance with OAR chapter 411, division 346.
(b) The program provider and the in-residence caregiver must arrange for continuity of needed services and routine activities important to the child while the child is receiving care in the alternative care settings, including but not limited to:
(A) School attendance;
(B) Routine treatment or therapies;
(C) Extra-curricular activities, such as team events or activities for which routine attendance is expected;
(D) Family visitation not prohibited by a court-order or guardian; and
(E) Religious activities, including church attendance or holiday observance.
(c) The program provider must assure the alternative care setting is provided with the:
(A) Individual Summary Sheet for the child required by OAR 411-348-0180;
(B) Emergency information about the child required by OAR 411-348-0185; and
(C) The child's ISP and supporting documents necessary for the alternate caregiver to meet the child's needs such as protocols, Functional Behavior Assessments, and Positive Behavior Support Plans.
(3) CHILD CARE AND CAMP. When a child is supported in any care arrangement away from the Host Home, the program provider must assure:
(a) When a child is cared for by a child care provider or a child care center, the child care provider home or center is certified, licensed, or registered as required by the Office of Child Care (ORS 329A).
(b) For a child attending camp, the camp holds any current license, membership, or certification appropriate to function as required by Oregon or federal laws and regulations.
(c) The ISP team is in agreement with and the child's guardian consents to the plan for the child to attend the camp, child care center, or child care provider home.
(d) The child care center, child care provider, or camp is aware of the child's support needs beyond age and neuro-typical support needs of child of the same age without a disability as relevant to the child's care while supported by the child care provider, center, or camp. If the child requires intensive supervision or behavioral support to maintain safety, there must be a plan for the adequate staffing and supervision of the child at the child care center, child care provider's home, or camp.
(4) When an in-residence caregiver arranges for a child's social activities for less than 24 hours, including an overnight arrangement, the in-residence caregiver must follow the program provider's policies and procedures and assure there is a designated adult who is responsible and capable of assuming child care responsibilities and present at all times. The in-residence caregiver and program provider still maintains primary responsibility for the child.

Or. Admin. R. 411-348-0410

APD 36-2019, adopt filed 10/29/2019, effective 11/1/2019

Statutory/Other Authority: ORS 409.050, 427.104, 441.715, 443.450 & 443.455

Statutes/Other Implemented: ORS 427.104, 441.705-441.720, 441.740, 441.745, 443.384, 443.392, 443.400-443.445, 443.450, 443.455, 443.880, 443.881 & 443.991