Oregon sets safety rules for care homes and child placements

The Department of Human Services must impose a condition on a facility’s license in specified immediate-danger cases. This applies to residential care and long-term care facilities when a rule violation has caused, or is likely to cause, serious harm to a resident. Before making a preliminary immediate-jeopardy finding, the department must give the facility a chance to provide initial information or evidence. If the preliminary finding is not confirmed within 30 days after the condition is imposed, the department must notify the facility and remove the condition. The department must give at least 48 hours’ advance notice unless it finds that notice would be unsafe or impractical; then it must give notice within 48 hours after the order. The 30-day period starts when the department imposes the license condition.

The Department of Human Services must administer a program that pays eligible parents to provide attendant care to their children. The program covers parents caring for their minor children who receive attendant care and are assessed by the department as having very high medical or behavioral needs. The program is subject to department rules and available funding. The parent must work for an agency that is not owned by the parent, the child, or a family member, and in which no such family member holds a leadership role. Paid care during school hours is generally barred, except when a health care provider recommends that the child stay home temporarily to recover from surgery or illness. The department may set rules to limit the program’s size to protect other disability services.

The Department of Human Services must follow stated rules when placing children with out-of-state child-caring agencies and when transporting them. These rules cover children placed by the Department of Human Services with out-of-state child-caring agencies, including specified exception pathways. A department employee must accompany a child to an initial out-of-state placement, when the child moves to a new placement, and during secure transport. For emergency secure transport, the employee may travel separately if waiting would risk the child’s health, safety, or welfare, and must immediately travel to meet the child at the new facility. Exceptions to usual placement rules include specified placements with relatives and certain placements for children who may be Indian children. An out-of-state eating disorder program requires the listed provider, program, Medicaid, court, and department approvals. For an out-of-state eating disorder placement, the court must approve before the child leaves Oregon unless waiting would threaten the child’s life; then the court must approve as soon as practicable afterward.