OAR 419-400-0200: Licensing Umbrella Rules: Safety

To ensure the safety of children in care and employees, a child-caring agency must have and adhere to written policies and procedures that comply with the safety requirements in this rule. (1) Transportation. If a child-caring agency transports children in care in a vehicle, the agency must have policies and procedures that address all of the following: (a) Driver requirements. (A) Each employee transporting a child in care in a motor vehicle must have a current driver license on record with the child-caring agency and must comply with applicable traffic laws when transporting children in care. (B) The child-caring agency may use an employee to provide transportation for children in care only if the employee is covered by an insurance policy in full force and effect, and in compliance with the standards set by the child-caring agency. (C) The child-caring agency must ensure that employees providing transportation are trained in emergency procedures, including behavior management if applicable, while in a vehicle. (D) The child-caring agency must ensure that each person who transports a child in care in a van for 15 or more passengers receives training in the safe operation of that type of vehicle prior to transporting children. (E) The child-caring agency must take reasonable steps to ensure safety when using off-road vehicles. (b) Vehicle requirements. (A) Each vehicle used to transport a child in care must be: (i) Properly registered; (ii) Covered by an insurance policy in full force and effect; (iii) Maintained in safe operating condition; and (iv) Smoke-free. (B) Each vehicle owned by a child-caring agency and used to transport a child in care must have aboard a first aid kit and a fully charged, properly secured, and working fire extinguisher with a rating of at least 2-A:10-BC. (c) Children in care and adults must ride in a vehicle manufactured seat, properly using the passenger restraint device in accordance with Oregon law when traveling on public roads. (2) Searches. If a child-caring agency carries out searches on children in care or visitors, the child-caring agency must have written policies and procedures that, at a minimum, comply with all of the following: (a) A prohibition on strip searches. (b) A prohibition on body cavity searches. (c) Requirement that searches will be conducted in the least intrusive manner possible for the type of search being conducted. (d) Requirement that pat down searches of children in care will only be conducted when necessary to discourage the introduction of contraband, or to promote the safety of staff and other children in care and will only be conducted as follows: (A) By staff trained in proper search techniques; (B) By a staff member of the same gender as the child in care being searched, and in the presence of another staff member. If a staff member of the same gender is not available, or if the child in care expresses discomfort with a staff of the same gender, the child caring agency must take into consideration the preferences and comfort of the child in care; (C) The child in care must be told the child is about to be searched; (D) The child in care must be asked to remove all outer clothing (gloves, coat, hat, and shoes) and empty all pockets; (E) The staff member must then pat the clothing of the child in care using only enough contact to conduct an appropriate search; (F) If the staff detects anything unusual, the child in care must be asked to identify the item, and appropriate steps must be taken to remove the item for inspection; (G) If the child in care refuses to comply, the executive director or designee must be notified immediately and be responsible to resolve the matter; and (H) All searches must be documented in writing . (e) Policy regarding obtaining appropriate consents for searches. (f) If the child in care refuses to comply with a requirement of the search, the program must follow established policies to determine if the child in care can be refused admission to or discharged from the program. (g) Information regarding any personal or room searches and protocols for confiscation of contraband items, including the notification of law enforcement if illegal contraband is discovered. This information will include the procedures and rationales of the child-caring agency for any program-initiated room or body search. (3) If a child-caring agency has a swimming pool, or other body of water, on the premises that is readily accessible to children in care or if a child-caring agency plans to have children in care engage in aquatic recreation, the child-caring agency must have and adhere to policies and procedures that address, at a minimum, providing disclosures and obtaining consents, assessing swimming ability of children in care, and ensuring the safety of water access. (4) Hazards. (a) A child-caring agency must protect children in care it serves from guns, drugs, sharps, paint, hazardous materials, bio-hazardous materials, and other potentially harmful items. A child-caring agency must have a written policy that addresses potentially harmful materials that are in areas accessible to the children in care in the program or on the grounds of the program. (b) Direct supervision by staff must be provided for any child in care who does not have the ability to adjust and control water temperature. (c) Each light fixture must have a protective cover unless it is designed to be used without one. (5) If a child-caring agency is reliant on a well for water, testing is required every two years for arsenic, nitrate, and total coliform bacteria. Testing must be conducted by a laboratory accredited by the Oregon Environmental Laboratory Accreditation Program (ORELAP). This requirement applies to all individual facilities listed on a child-caring agency’s license, all foster homes certified by a licensed foster care agency, and all homes approved for adoption by a licensed adoption agency. A copy of current results must be maintained on site of the tested property and the administrative offices of the licensed child-caring agency.