NON-DISCRIMINATION. An agency’s personnel policies and practices must comply with all applicable state and federal statutes, rules, and regulations regarding non-discrimination.
An agency must notify each mandatory reporter of abuse reporting requirements at least annually on the applicable Department form.
An agency must provide each mandatory reporter with a Department produced card regarding abuse reporting status and abuse reporting requirements.
An agency must maintain and implement personnel policies and procedures that address suspension, increased supervision, or other appropriate disciplinary action when a staff member, provider, subcontractor, relief provider, or volunteer, has been identified as an accused person in an abuse investigation or a founded report of child abuse or substantiated adult abuse.
RETALIATION. An agency or provider may not retaliate against a person who reports in good faith suspected abuse or retaliate against an individual with respect to a report. An accused person may not self-report solely to claim retaliation.
An agency, provider, or person that retaliates against a person because of a report of suspected abuse is liable under ORS 430.755 (Retaliation prohibited) in a private action for actual damages and, in addition, is subject to a penalty up to $1,000, notwithstanding any other remedy provided by law.
For the purpose of this section, “adverse action” means any action taken by an agency, provider, or person involved in a report against the person making the report or against the individual because of the report and includes, but is not limited to, the following:
Restriction or prohibition of access to the agency or the individuals receiving services delivered by the agency.
APPLICATION FOR EMPLOYMENT. An application for employment at an agency must inquire whether an applicant has had a founded report of child abuse or substantiated adult abuse.
BACKGROUND CHECKS – NON-DEPARTMENT PROVIDER AGENCY. This section applies to a subject individual, as defined in OAR 407-007-0210 (Definitions), employed or contracted by an agency to provide program services.
A subject individual may be approved for one position to work in multiple locations within a qualified entity as defined in OAR 407-007-0210 (Definitions). The Background Check Request Form must be completed by the subject individual to show intent to work at various locations.
As of July 28, 2009, an agency may not use public funds to support a subject individual convicted of a disqualifying crime in ORS 443.004 (Criminal records check required for employees and volunteers providing direct care), unless the subject individual remains in the position the subject individual held prior to July 28, 2009.
A subject individual must notify the Department, or the designee of the Department, within 24 hours of any potentially disqualifying crime under OAR 125-007-0270 (Crimes Considered) or potentially disqualifying condition under OAR 407-007-0290 (Potentially Disqualifying Conditions).
BACKGROUND CHECKS – DEPARTMENT. This section applies to a subject individual, as defined in OAR 407-007-0010 (Definitions), employed or contracted by the Department to provide services in a residential training facility as defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455) or a residential training home as defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455).
As of January 1, 2018, the Department may not use public funds to support a subject individual ineligible under OAR 407-007-0445 (Employees Who Apply or Are Hired at SACU after 1/1/2018).
EXECUTIVE DIRECTOR QUALIFICATIONS. An agency must be operated under the supervision of an Executive Director who has a minimum of a bachelor’s degree and two years of experience, including supervision, in intellectual or developmental disabilities, mental health, rehabilitation, social services, or a related field. Six years of experience in the identified fields may substitute for a degree.
GENERAL STAFF QUALIFICATIONS. A staff member delivering services to an individual must meet the following criteria:
A notarized letter from the Executive Director or Board of Directors acknowledging the agency understands the responsibility to maintain I-9s for all employees and attesting the agency has a completed I-9 for each employee.
Hold a current, valid, and unrestricted professional license or certification where services and supervision requires specific professional education, training, and skill.
Not be on the list of excluded or debarred providers maintained by the Office of the Inspector General.
Be able to communicate with individuals, health care providers, case managers, and appropriate others.
Be certified in CPR and First Aid by a recognized training agency within 90 calendar days of employment.
If transporting individuals, have a valid driver’s license and vehicle insurance in compliance with the laws of the Department of Motor Vehicles.
Additional qualifications required by applicable program rules for the staff of an agency endorsed to those rules.
PERSONNEL FILES AND QUALIFICATION RECORDS. An agency must maintain up-to-date written job descriptions for each staff member as well as a personnel file, available to the Department or the designee of the Department for inspection. The personnel file must include, but is not limited to, the following:
Written documentation by the Department of an approved background check in accordance with sections (4) or (5) of this rule.
Written documentation of mandatory abuse training and notification of mandatory reporter status prior to delivering services and annually thereafter.
Written documentation of any complaints filed against the staff member and the results of the complaint process, including, if any, disciplinary action.
Documentation the staff member has been certified in CPR and First Aid by a recognized training agency within 90 calendar days of employment and certification is kept current.
For staff operating vehicles that transport individuals, documentation of a valid driver’s license and proof of vehicle insurance in compliance with the laws of the Department of Motor Vehicles.
COVID-19. An agency must implement all directives related to staffing and operation of the agency to reduce the spread of the Coronavirus (COVID-19) issued by any of the following:
Written instruction to the agency from the Local Public Health Authority or the Oregon Health Authority Public Health Division.
DISSOLUTION OF AN AGENCY. A representative of the governing body or owner of an agency must notify the Department in writing 30 calendar days prior to the dissolution of the agency and make appropriate arrangements for the transfer of individual records.