Or. Admin. Code § 407-005-0017

Current through Register Vol. 63, No. 12, December 1, 2024

Section 407-005-0017 - Service Animals in Oregon Department of Human Services Buildings

(1) The Oregon Department of Human Services (ODHS) shall make reasonable modifications to its policies, practices, and procedures to permit the use of service animals by individuals with a disability.

(2) Under the ADA, service animals are defined as dogs. In limited circumstances, miniature horses may serve as service animals. (See 28 CFR 35.136i for information on these circumstances.) Emotional support animals and companion animals do not qualify as service animals under Titles II or III of the ADA.

(3) Service animals must be individually trained, or be in training, to do work or perform tasks for an individual with a disability. The work or task a service animal has been trained to provide must be directly related to a disability, including a physical, sensory, psychiatric, intellectual/developmental, or other mental disability.

(4) ODHS must allow a service animal to accompany an individual with a disability in all areas of the facility where members of the public, participants in services, programs or activities, or invitees, as relevant, are allowed to go.

(5) Under the ADA, a service animal must be under the control of the service animal's handler. A service animal must be harnessed, leashed, or tethered, unless the individual's disability prevents using these devices or these devices interfere with the service animal's safe, effective performance of tasks.

(6) ODHS may ask an individual with a disability to remove a service animal from the premises if:

(a) The animal is out of control and the animal's handler does not take effective action to control it; or

(b) The animal is not housebroken.

(c) If one or both of these situations occur, the handler may be asked to remove the service animal, but the individual with a disability must still be welcome to participate in the service or accommodation without the service animal.

(7) When it is not obvious what service a service animal provides, staff may ask only two questions to determine whether an animal qualifies as a service animal. Staff may not require the individual with a disability to produce documentation such as proof that the animal has been certified, trained, or licensed as a service animal.

(a) "Is the service animal required because of a disability?"; and

(b) "What work or task has the service animal been trained to perform?"

(8) Allergies and fear of dogs are not valid reasons for denying access or refusing service to individuals using service animals.

(9) An individual with a disability who uses a service animal may not be isolated from or treated less favorably than other individuals, unless isolation is necessary to avoid significant risk to other individuals.

(10) Staff are not required to provide care for or supervision of a service animal.

Or. Admin. Code § 407-005-0017

DHS 21-2021, temporary adopt filed 10/07/2021, effective 10/07/2021 through 04/04/2022; DHS 7-2022, adopt filed 04/04/2022, effective 4/4/2022

Statutory/Other Authority: ORS 409.050

Statutes/Other Implemented: ORS 409.050 & 28 C.F.R. § 35.136