Or. Admin. Code § 416-435-0040

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

Section 416-435-0040 - Placement and Housing Assignments

(1) The SOGIEC will collect and review relevant information regarding transgender, gender diverse, or intersex YICs and make decisions on a case-by-case basis regarding appropriate placement, care, and management of the YICs.

(2) After a YIC is placed in a youth correction facility, designated youth correction facility staff will determine and assign a transgender, gender diverse, gender fluid, or intersex YIC to appropriate housing within the facility unless the YIC's housing assignment within the facility is specifically directed by the SOGIEC.

(a) Staff may not require a YIC to sleep in individual quarters or to be placed in specific housing based solely on their sexual orientation, gender identity, or intersex status.

(b) Staff may allow a YIC who reports feeling safer sleeping in an individual room to do so when a room is available for such purpose. If an individual sleeping room is not available, staff must discuss alternative safety planning with the YIC.

(3) A YIC who identifies as transgender, gender diverse, gender fluid, or intersex may not be transferred to another youth correction facility without SOGIEC approval, except during exigent circumstances. SOGIEC approval is required for the YIC's continued placement as soon as possible after the exigent transfer.

(4) YICs who identify as transgender, gender diverse, gender fluid, or intersex may request review of their placements by the SOGIEC at any time.

Or. Admin. Code § 416-435-0040

OYA 8-2017, adopt filed 12/22/2017, effective12/22/2017; OYA 9-2018, minor correction filed 06/19/2018, effective 6/19/2018; OYA 2-2022, amend filed 01/03/2022, effective 1/3/2022

Statutory/Other Authority: ORS 420A.025

Statutes/Other Implemented: ORS 420A.010, ORS 420A.014 & ORS 420A.015