OAR 419-400-0090: Licensing Umbrella Rules: Children and Families Rights Policy and Grievance Procedures

(1) Rights of children in care and families served by the child-caring agency. A child-caring agency must guarantee the rights of children in care and the families the child-caring agency serves. A child-caring agency must enact and adhere to a policy ensuring the following rights: (a) Except as provided in paragraph (B) of this subsection, the child in care's right to uncensored and private communication with legal guardians, caseworkers, legal representatives, and other persons approved for communication by the legal guardian or as provided in a court order. (A) This right cannot be waived, including voluntarily. Restriction on communication between a child in care and their legal guardian may not be a condition of participation in the program. (B) A child-caring agency may place reasonable limits on communication, but only as provided in the child-caring agency's policy. Reasonable limits include, but are not limited to, having set time periods during the day for visitation and phone calls and imposing moderate limits on the duration of calls or visits. However, a limitation is not considered reasonable if it prevents the ability to meaningfully communicate, such as not allowing contact with a child in care's attorney during regular business hours. (b) The child in care's right to privacy. (c) The child in care's right to participate in service planning or educational program planning. (d) The child in care's right to fair and equitable treatment. (e) The child in care's right to file a grievance (as provided in section (2) of this rule) if the child in care or family feels that they are treated unfairly or if they are not in agreement with the services provided. (f) The child in care's right to have adequate and personally exclusive clothing. (g) The child in care's right to personal belongings. (h) The child in care's right to an appropriate education. (i) The child in care's right to participate in recreation and leisure activities. (j) The child in care's right to have timely access to physical and behavioral health care services. (2) Grievance Procedures. (a) A child-caring agency must enact and adhere to written procedures for the children in care and families the child-caring agency serves to submit a grievance. The child-caring agency must provide the procedures to each child in care and family. The procedures must include all of the following: (A) A process likely to result in a fair and expeditious resolution of a grievance. (B) A prohibition of reprisal or retaliation against any individual who files a grievance. (C) A procedure to follow, in the event the grievance is filed against the executive director, that ensures that the executive director does not make the final decision on the grievance. (D) The name, address, and phone number of: (i) A Department licensing coordinator; and (ii) Any other governmental entities with oversight responsibilities. (b) Grievances and complaints filed with the child-caring agency and all information obtained in their resolution must be maintained for a minimum of two years and provided to the Department upon request. (3) The child-caring agency must ensure that each parent or legal guardian and child in care acknowledges in writing the receipt of the policy and procedures described in 419-400-0090(1) and (2). (4) A child-caring agency serving children in care who are also in the care or custody of the Department must: (a) Post and adhere to the Oregon Foster Children’s Bill of Rights in accordance with the requirements of OAR 413-010-0180 and comply with ORS 418.200 to 418.202; and (b) Have and adhere to a process for children in care in Department care or custody to make complaints consistent with ORS 418.201(1). (c) Comply with the Oregon Foster Children's Sibling Bill of Rights in accordance with the requirements of OAR 413-010-0180 and comply with ORS 418.607.