Or. Admin. R. 419-400-0230

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

Section 419-400-0230 - Licensing Umbrella Rules: Responsibilities of Licensees

A licensee is responsible to do all of the following:

(1) Ensure that children in care are well cared for and safe from self-harm, physical harm, and abuse from others.

(2) Adhere to and comply with all policies and procedures of the licensee and ensure that the licensee's employees and volunteers adhere to and comply with the licensee's policies and procedures.

(3) Comply with all federal, state, and local laws, rules, regulations, executive orders, and ordinances applicable to the licensee and ensure that the licensee's employees and volunteers comply with all federal, state, and local laws, rules, regulations, executive orders, and ordinances applicable to the licensee.

(4) Meet with an employee of the Department upon request and make all employees, staff, agents, and contractors available to meet with the Department upon request.

(5) Provide copies of all written policies and procedures required in OAR 419-400-0210(3)(j) when requested.

(6) Make reports to the Department as required by law, these rules (OAR 419-400), and upon request to ensure that the requirements for licensing are met.

(7) Provide information about children in care when requested by the Department. The Department may request information about children in care at any time. Information requested may include, but is not limited to, the following:

(a) Names;

(b) Dates of birth;

(c) Dates of admission or service delivery;

(d) Names and contact information for children's parents or guardians;

(e) Address where children reside or receive services;

(f) Assessments and diagnostic information;

(g) Treatment and service records;

(h) Medical records;

(i) Case notes; and

(j) Incident reports.

(8) Provide financial records and documents as required by law, these rules (OAR 419-400), and upon request. The Department may request financial information at any time. Information requested may include, but is not limited to, the following:

(a) Annual operating budget;

(b) Annual financial statements;

(c) Tax returns and tax-related documentation;

(d) Tax compliance certificates issued by the Oregon Department of Revenue; and

(e) Signed releases authorizing the Department to obtain financial information about the child-caring agency from the Internal Revenue Service, the Department of Revenue, or any other government entity.

(9) Provide the Department with any completed proctor foster home studies as required in OAR 419-440-0040(3) upon request.

(10) Permit immediate access to a child in care and access to any area of the premises in which the child in care receives care or services to the following:

(a) Employees and representatives of the Department;

(b) The child in care's attorney;

(c) The child in care's court-appointed special advocate;

(d) The parent or legal guardian of the child in care if the child in care has not been committed to the custody of the Department or the Oregon Youth Authority;

(e) Any governmental agency or unit that has a contract with the child-caring agency to provide care or services to the child in care; and

(f) Any other person authorized by the Department.

(11) Notify the Department in the following circumstances:

(a) Immediately when information on the "CCA Contact Information Form" changes. An updated form may be submitted electronically, or the change may be communicated directly to a Department licensing coordinator.

(b) Within one business day if a critical event occurs. As used in this section, "critical event" means a significant event occurring in the operation of a child-caring agency that is considered likely to cause complaints, generate concerns, or come to the attention of the media, law enforcement agencies, first responders, Child Protective Services, or other regulatory agencies. Compliance with this notification requirement does not satisfy mandatory child abuse reporting requirements under ORS 419B.005 to 419B.045.

(c) 30 days or more prior to the voluntary closure or change to inactive status of a program of the child-caring agency.

(d) When services are discontinued or when the child-caring agency intends to reactivate a service after a period of inactivity.

(12) Post a copy of the license in a common area at each facility operated by the licensee and retain the license at the administrative offices of the licensee.

(13) Return the license to a Department licensing coordinator immediately upon the suspension or revocation of the license, a change to inactive status, or a change of ownership or location.

Or. Admin. R. 419-400-0230

CWP 29-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16; CWP 22-2016, f. & cert. ef. 12-1-16; CWP 126-2018, amend filed 12/26/2018, effective 01/01/2019; Renumbered from 413-215-0091 by CWP 26-2022, filed 11/28/2022, effective 12/1/2022; OTIS 12-2023, 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