Or. Admin. R. 419-400-0150

Current through Register Vol. 63, No. 8, August 1, 2024

Section 419-400-0150 - Licensing Umbrella Rules: Discipline, Behavior Management and Training, and Suicide Prevention (Excluding Adoption Agencies)

(1) A child-caring agency, except a child-caring agency licensed only to provide adoption services under OAR 419-420-0010 to 419-420-0160, must adopt and adhere to written policies and procedures on discipline, behavior management, and suicide prevention that meet all of the requirements of this rule.

(a) Copies of the policies and procedures must be provided to the Department as provided in OAR 419-400-0210 and any time policies are adopted or amended.

(b) The discipline and behavior management policies and procedures must prohibit the following:

(A) Spanking, hitting, or striking with an instrument.

(B) Committing an act designed to humiliate, ridicule, or degrade a child in care or undermine the self-respect of a child in care.

(C) Punishing a child in care in the presence of a group or punishment of a group for the behavior of one child in care.

(D) Depriving a child in care of food, clothing, shelter, bedding, rest, sleep, toilet access, or parental contact.

(E) Assigning extremely strenuous exercise or work or requiring a child in care to spend prolonged time in one position likely to produce unreasonable discomfort.

(F) Using restraint or involuntary seclusion as discipline.

(G) Permitting or directing a child in care to punish another child in care.

(H) Using any other kind of harsh punishment.

(I) Denying a parent, guardian, or sibling the right to visit or communicate with a child in care solely as a disciplinary measure against the child in care.

(J) Aversive conditions, which includes, but is not limited to, any technique designed to or likely to cause a child physical pain, the application of startling stimuli, and the release of noxious stimuli or toxic sprays, mists, or substances in proximity to the child in care.

(K) Removing or limiting the use of a mobility aid or other assistive device for the purpose of controlling a child in care's behavior.

(2) Discipline Policy. A child-caring agency must incorporate into the program's care-giving practices positive nonpunitive discipline and ways of helping a child in care build positive personal relationships, self-control, and self-esteem.

(3) Behavior Management.

(a) The behavior management policy of the child-caring agency must identify appropriate and positive methods of behavior management based on a child's needs, developmental level, and behavior.

(b) The policies must include a description of the model, program, or techniques used and its use of each of the following:

(A) De-escalation System. For purposes of this rule, "De-escalation System" means a nationally recognized, holistic system for defusing escalating behavior and safely managing aggressive behavior. The agency's choice of a "De-escalation System" must be conveyed to and approved by the Department.

(B) Use of time out, if applicable.

(C) Use of restraints, if applicable.

(i) Chemical restraint, meaning the administration of medication for the management of uncontrolled behavior, is prohibited. Chemical restraint is different from the use of medication for treatment of symptoms of severe emotional disturbances or disorders.

(ii) Mechanical restraint, meaning the use of any physical device to involuntarily restrain the movement of a child in care as a means of controlling his or her physical activities, is prohibited.

(D) Use of involuntary seclusion, if applicable.

(c) Time out.

(A) For the purpose of this rule, "time out" means restricting a child in care to a designated area for a period of time to give the child in care an opportunity to regain self-control.

(B) "Time out" must include frequent contact with staff.

(C) Rooms used for "time out" must have adequate space, temperature, light, and ventilation, and must not be capable of locking.

(D) "Time out" episodes must be documented in the child in care's record

(d) Review. The policies of the child-caring agency must require that whenever a restraint is used on a child in care more than two times in seven days, there is a review by the executive director, the director's designee, or a management team to determine the suitability of the program for the child in care, whether modifications to the child in care's plan are warranted, and whether staff need additional training in alternative therapeutic behavior management techniques. The child-caring agency must take appropriate action indicated by the review.

(4) Suicide Prevention. The policy must include the following:

(a) How the child-caring agency will respond in the event a child in care exhibits self-injurious, self-harm, or suicidal behavior;

(b) Warning signs of suicide;

(c) Emergency protocol and contacts;

(d) Training requirements for staff, including suicide prevention training and suicide risk assessment tool training;

(e) Procedures for determining implementation of additional supervision precautions and for determining removal of additional supervision precautions;

(f) Suicide risk assessment procedures on the day of intake;

(g) Documentation requirements for suicide ideation, self-harm, and special observation precautions to ensure immediate communication to all staff;

(h) A process for tracking suicide behavioral patterns; and

(i) A "post-intervention" plan with identified resources.

Or. Admin. R. 419-400-0150

CWP 13-2022, adopt filed 06/23/2022, effective 07/01/2022; Renumbered from 413-215-0073 by CWP 26-2022, filed 11/28/2022, effective 12/1/2022; OTIS 18-2023, minor correction filed 01/18/2023, effective 1/18/2023

Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005

Statutes/Other Implemented: ORS 418.205- 418.327