Or. Admin. Code § 419-400-0260

Current through Register Vol. 63, No. 10, October 1, 2024

Section 419-400-0260 - Licensing Umbrella Rules: Corrective Actions

(1) As a result of an inspection, or at any time, the Department may require a child-caring agency to take various actions to ensure the child-caring agency is in compliance with the rules in OAR chapter 419, division 400 and other applicable statutes and rules:

(a) The Department may prescribe specific actions that must be taken by a child-caring agency to achieve full compliance;

(b) The Department may impose a formal Plan of Correction;

(c) The Department may establish deadlines by which the child-caring agency must correct the identified deficiencies; and

(d) The Department may impose conditions on a license as provided in OAR 419-400-0280 while corrections are pending.

(2) If the Department imposes a Plan of Correction that the child-caring agency does not comply with in the time allotted for correction, the Department must immediately notify the following of the failure to comply with the Plan of Correction:

(a) The Legislative Assembly or the interim committees of the Legislative Assembly relating to child welfare.

(b) The governing board and executive director of the child-caring agency.

(c) Any governmental agency that has a contract with the child-caring agency to provide care or services to a child in care.

(3) When a condition exists that seriously endangers or places at risk the health, safety, or welfare of a child in care, the director of the Department will issue an interim emergency order without notice, or with reasonable notice under the circumstances, requiring the child-caring agency to correct the conditions and ensure the safety of children in care of the child-caring agency. The interim emergency order remains in force until a final order, after a hearing, is entered in accordance with ORS chapter 183.

(4) The director may commence an action to enjoin operation of a child-caring agency:

(a) If the child-caring agency is being operated without a license; or

(b) If the child-caring agency fails to comply with a Plan of Correction imposed by the Department or an interim emergency order issued under section (3) of this rule within the time specified in the order.

(5) In addition to the corrective actions in this rule and other rules in OAR chapter 419, division 400, the Department may take any other lawful actions necessary to protect and ensure the health, safety, and welfare of children in care as necessary under the circumstances.

Or. Admin. Code § 419-400-0260

CWP 29-2008, f. & cert. ef. 10-17-08; 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 413-215-0111 by CWP 26-2022, filed 11/28/2022, effective 12/1/2022; OTIS 10-2023, minor correction filed 01/18/2023, effective 1/18/2023

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

Statutes/Other Implemented: ORS 418.205 - 418.327