Or. Admin. Code § 413-095-0050

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

Section 413-095-0050 - BRS Placement-Related Activities for a Department BRS Contractor and BRS Provider

(1) A BRS contractor and BRS provider must provide facilities, personnel, materials, equipment, supplies and services, and transportation related to placement-related activities.

(a) Clothing. It is the responsibility of the Department to ensure the BRS client has sufficient clothing at the time of placement with a BRS contractor and BRS provider. It is the responsibility of the BRS contractor and BRS provider to maintain the BRS client's clothing at an adequate and appropriate level. A caseworker may request approval from a child welfare supervisor or program manager for payment for additional clothing when necessary.

(b) Transportation and travel.

(A) A BRS contractor and BRS provider are responsible for arranging or providing transportation for the BRS client for the following:

(i) School, to the extent not provided by the school district;

(ii) Medical, dental, and therapeutic appointments;

(iii) Recreational and community activities;

(iv) Employment; and

(v) Shopping for incidental items.

(B) The cost of transportation for the BRS client for the purposes of visits to foster homes, relatives or fictive kin will be equally shared by the Department, the BRS contractor and BRS provider.

(C) Transportation costs. It is the responsibility of the Department, not the BRS contractor or BRS provider, to ensure the cost of transportation is paid for when that transportation is for the purpose of a court-ordered visitation. The BRS contractor, BRS provider, and the caseworker must jointly plan the transportation method as far in advance as possible.

(D) Written authorization from the Department must be received by the BRS contractor and BRS provider prior to transporting, or authorizing transport, of a child or young adult in the care or custody of the Department outside the state of Oregon or outside the United States.

(E) A BRS contractor and BRS provider must request approval from the Department no less than 90 days prior to any international travel with a child or young adult in the care or custody of the Department placed with a BRS provider or BRS contractor.

(2) Non-BRS-related medical and mental health care.

(a) The BRS contractor or BRS provider shall comply with OAR 410-170-0100(2)(a) if there is no record the BRS client has received a physical examination within the six months immediately prior to the BRS client's placement with its program.

(b) The BRS contractor and BRS provider must coordinate with each BRS client's caseworker to ensure the BRS client's mental health, physical health (including alcohol and drug treatment services), dental, and vision needs are met. This does not include paying the cost of medical or mental health services or medications that are covered by the Oregon Health Plan (OHP) or by the BRS client's third party private insurance coverage. The BRS contractor and BRS provider must work with the BRS client's Department or Tribal caseworker to secure payment for medical or mental health services or medications not covered by OHP or the BRS client's third party private insurance coverage.

(c) The BRS contractor and BRS provider must administer and monitor medications consistent with all applicable Department rules in OAR 413-070-0400 through 413-070-0490, and the BRS provider's medication management policy must comply with Department rules.

(d) The BRS contractor and BRS provider must facilitate the BRS client's access to other medical and mental health providers whenever identified needs cannot be met within the scope of services offered by the BRS provider.

(3) Educational and vocational activities. A BRS contractor and BRS provider must have a system in place for a BRS client to attend school in order to meet the educational needs of a BRS client in its program either on site or at an off-site location that complies with OAR chapter 413, division 105.

(4) Other placement-related activities:

(a) Recreational, social and cultural activities:

(A) A BRS contractor and BRS provider must provide recreation time for the BRS client daily. A BRS contractor and BRS provider must offer activities that are varied in type to allow the BRS client to obtain new experiences.

(B) A BRS contractor and BRS provider must provide each BRS client a minimum of one opportunity per week to participate in recreational activities in the community, unless the BRS client is clearly unable to participate in off-site activities due to safety issues.

(C) The BRS contractor and BRS provider must provide access to or make available social and cultural activities for the BRS client. These activities are to promote the BRS client's normal development and help broaden the BRS client's understanding and appreciation of the community, arts, environment and other cultural groups.

(D) The BRS contractor and BRS provider must not permit a BRS client to participate in recreational activities that present a higher level of risk to a BRS client without the approval of the Department. This applies to activities that require a moderate to high level of technical expertise to perform safely, present environmental hazards or where special certification or training is recommended or required, such as: whitewater rafting, rock climbing, ropes courses, activities on or in any body of water where a certified lifeguard is not present and on duty, camping, backpacking, mountain climbing, using motorized yard equipment and horseback riding.

(E) Language and culture. The BRS contractor and BRS provider must allow a BRS client to speak his or her primary language and must honor his or her culture.

(b) Academic assistance: If needed, the BRS contractor and BRS provider must provide adequate opportunities for the BRS client to complete homework assignments with assistance from staff, or a proctor foster home, if applicable.

(5) Family Involvement.The BRS contractor shall, and require its BRS provider:

(a) Facilitate participation of the BRS client's family members in the BRS client's treatment program;

(b) Facilitate outreach to the family members of the BRS client, including siblings, document how the outreach is made, and maintain contact information for any known biological family and fictive kin of the BRS client; and

(c) Document how family members are integrated into the treatment process for the BRS client, including post-discharge, and how sibling connections are maintained.

(6) The BRS contractor and BRS provider must comply with OAR 413-010-0170 through 413-010-0185.

Or. Admin. Code § 413-095-0050

CWP 10-2013, f. 11-14-13, cert. ef. 1-1-14; CWP 13-2015, f. & cert. ef. 8-4-15; CWP 11-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16; CWP 23-2016, f. & cert. ef. 12-1-16; CWP 127-2018, amend filed 12/27/2018, effective 01/01/2019 Renumbered from 413-090-0080, CWP 1-2019, filed 01/02/2019, effective 1/2/2019; CWP 131-2020, temporary amend filed 06/29/2020, effective 7/1/2020 through 12/27/2020; CWP 145-2020, amend filed 11/24/2020, effective 12/1/2020

Statutory/Other Authority: ORS 409.050, ORS 411.060, ORS 411.070, ORS 411.116 & ORS 418.005

Statutes/Other Implemented: ORS 411.060, ORS 411.070, ORS 411.116, ORS 418.005, ORS 409.010, ORS 411.141, ORS 418.015, ORS 418.027, ORS 418.285, ORS 418.312, ORS 418.315, ORS 418.490 & ORS 418.495