Or. Admin. Code § 419-400-0120

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

Section 419-400-0120 - Licensing Umbrella Rules: Personnel

(1) Staff requirements and hiring. To ensure that the child-caring agency uses only staff and volunteers who do not jeopardize the health, safety, or welfare of children, a child-caring agency and its contractors must meet all of the following requirements:

(a) Comply with the Department's background check rules at OAR 407-007-0200 to 407-007-0370.

(b) Obtain reference checks.

(c) Employ individuals who meet the staff minimum qualifications as stated in the current job description.

(2) Personnel policies of the child-caring agency and its contractors must include all of the following:

(a) For each staff position, a job title and a written job description that defines the qualifications, duties, and lines of authority for the position.

(b) A staff development plan providing for opportunities for professional growth through supervision, training, and experience.

(c) Procedures for a written annual evaluation of the work and performance of each staff member that include provision for employee participation in the evaluation process.

(d) A description of the termination procedures established for resignation, retirement, and dismissal.

(e) A written grievance procedure for staff.

(3) Personnel Files. The child-caring agency and its contractors must have a personnel file for each employee that is maintained for a minimum of two years after the termination date of each employee and includes all of the following:

(a) A record of education, training, and previous employment.

(b) Documentation of reference checks.

(c) Documentation that a background check was completed as required in OAR 407-007-0200 to 407-007-0370.

(d) Annual performance evaluations.

(e) Ongoing record of training received.

(f) Records of personnel actions.

(g) Starting and termination dates, and reason for termination.

(h) A current job description.

(4) Staff orientation. A child-caring agency must provide training to each newly hired employee within 30 days of employment on all of the following subjects:

(a) Child-caring agency policies and procedures.

(b) Ethical and professional guidelines.

(c) Suicide prevention and intervention.

(d) Attributes of population served.

(e) Child-abuse reporting laws and requirements including the definitions of abuse that apply specifically to a child in care.

(f) Privacy laws.

(g) Emergency procedures.

(5) Child abuse reporting training: A child-caring agency must provide training and written materials on mandatory child abuse reporting responsibilities to all employees and, if applicable, proctor foster parents as part of initial orientation and annually thereafter. The training must include written instruction on the following:

(a) The definitions of child abuse in ORS 418.257 and 419B.005 that apply in child-caring agencies;

(b) The legal responsibility to immediately report suspected child abuse or neglect by calling the appropriate child abuse reporting hotline; and

(c) The legal responsibility to report child abuse is personal to the employee and, if applicable, the approved proctor foster parent and is not fulfilled by reporting the child abuse or neglect to the owner, operator, or any other employee of the child-caring agency even if the owner, operator, or other employee reports the child abuse to the Department.

(6) Contractor-related requirements.

(a) If a child-caring agency contracts with other private providers or individuals in lieu of or in addition to hiring permanent employees, the child-caring agency must ensure that the contractor meets the applicable requirements of this rule and the rules in OAR chapter 419, division 400 specific to the type of service the contractor provides.

(b) If the child-caring agency contracts to provide any of its services:

(A) The child-caring agency must ensure the contractor has a process to screen its employees for professional conduct and sufficient methods for holding its employees accountable.

(B) The contract between the child-caring agency and contractor must specify all of the following:

(i) The services the contractor provides.

(ii) The contractor's fees.

(iii) Disclosure of information from the contractor to the agency.

(iv) Lines of authority between the contractor and the child-caring agency and among employees of the contractor in connection with the provision of services.

(v) Adherence to applicable Department rules and requirements, including, but not limited to the background check rules in OAR 407-007-0200 to 407-007-0370.

(vi) Any liability of the child-caring agency for acts of the contractor, any rights of indemnity, and any limitations on liability of the child-caring agency or contractor.

Or. Admin. Code § 419-400-0120

SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; CWP 29-2008, f. & cert. ef. 10-17-08, Renumbered from 413-210-0070; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16; CWP 22-2016, f. & cert. ef. 12-1-16; CWP 28-2017, temporary amend filed 12/30/2017, effective 01/01/2018 through 06/29/2018; CWP 57-2018, amend filed 06/29/2018, effective 06/29/2018; CWP 126-2018, amend filed 12/26/2018, effective 01/01/2019; Renumbered from 413-215-0061 by CWP 26-2022, filed 11/28/2022, effective 12/1/2022; OTIS 20-2023, minor correction filed 01/18/2023, effective 1/18/2023

Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.255 & ORS 418.240

Statutes/Other Implemented: ORS 418.205 - 418.327