OAR 423-150-0010: Extended Detention Program Plans

(1) As used in this rule: (a) “Extended detention program” means a program offering services and activities that support one or more therapeutic goals for juveniles ordered by a court to be detained for a period of detention exceeding eight days pursuant to ORS 419C.453. (b) “Extended detention program plan” means a written rationale for an extended detention program and an explanation of how a county will deliver the program in conformance with the minimum standards set forth in this rule. (c) “Facility” means a detention facility as defined in ORS 419A.004. (d) “Juvenile” means a person over whom the juvenile court has jurisdiction under ORS 419C.005 and who is eligible to be detained pursuant to ORS 419C.453. (e) “Juvenile court” means a court having jurisdiction over cases under ORS 419A, 419B and 419C. (f) “Supervising authority” means an agency or department in the county where a juvenile’s case is adjudicated, or an agency or department in the county to which a juvenile’s case is transferred. (g) “Therapeutic” means rehabilitative and calculated to enhance well-being through treatment and training. (2) A supervising authority ordered by a court to detain a juvenile for a period of detention exceeding eight days pursuant to ORS 419C.453 must detain the juvenile in accordance with an extended detention program plan approved by the Youth Development Council. (3) An extended detention program plan must be submitted to the council in a form and manner prescribed by the Youth Development Division. (4) An extended detention program plan must include: (a) The written policies and procedures of the program; (b) A description of the type of behavior that the program is intended to reform; (c) The reason that the type of behavior that the program is intended to reform requires detention; (d) A description of the therapeutic goal or goals of the program; (e) The criteria by which juveniles may be admitted to the program; (f) A description of the services and activities that the program will use to achieve the therapeutic goal or goals of the program; (g) A description of the daily schedule for juveniles admitted to the program; (h) A description of the staff positions necessary to administer the program, including the number of staff, the responsibilities of staff, and the required credentials , experience, and training for staff; (i) An explanation of how the county will administer the program in conformance with any guidelines developed under OAR 423-150-0005; (j) Documentation that the program: (A) Has been approved by both the governing body of the county in which the supervising authority is located and the juvenile court with jurisdiction over the county in which the supervising authority is located; (B) Is in compliance with any applicable education standards established by the Oregon Department of Education; and (C) Is in compliance with any applicable standards for juvenile detention facilities established by the Oregon Department of Corrections; and (k) Any other information that the division determines is necessary to validate or substantiate the information described in paragraphs (a) to (j) of this subsection. (5) The council must approve or deny an extended detention program plan within 120 days of receiving the plan. The division must issue written notice of the council’s decision within 30 days of the council approving or denying the extended detention program plan. If the council denies the extended detention program plan, the written notice must include the reason or reasons for the denial. (6)(a) An approved extended detention program plan must be renewed biennially on a form and in a manner prescribed by the division. (b) Except as provided in paragraph (d) of this subsection, if the division determines that the approved extended detention program plan has not significantly changed since the council approved the plan, the division may renew the plan without the council reapproving the plan. (c) If the division determines that the approved extended detention program plan has significantly changed since the council approved the plan, the council must reapprove the plan using the criteria set forth in subsection (4) of this rule. (d) Every sixth year that an approved extended detention program plan is submitted to the division for renewal, the council must reapprove the plan using the criteria set forth in subsection (4) of this rule. (7)(a) The division shall conduct an on-site visit of each facility that a supervising authority proposes in an extended detention program plan to use for an extended detention program before the council and the department may approve the plan. (b) The division may conduct an on-site visit of each facility used for an extended detention program. (c) The council and the department may use the findings of the division made pursuant to conducting on-site visits under this subsection when deciding whether to approve or renew an extended detention program plan under this rule.