Department of Human Services Licensure Permissions and Requirements
The Residential Life program at OES is a Child Care Agency licensed by the Department of Human Services. The Department is required to regulate and license certain organizations and agencies that care for children. The rules in OAR chapter 413, division 215 establish the requirements of the Department for obtaining and maintaining the required license, and the policies of the Department required by ORS 418.205 to 418.327
A full list of the regulations for child care agencies can be found on the DHS website.
SB710: Restraint and Involuntary Seclusion Policy
Academic boarding schools in Oregon must comply with the new state Senate Bill 710, referring to restraints and involuntary seclusions of children in care. While OES’s boarding program DOES NOT employ restraint or seclusion we are required to publish quarterly reports about any use of restraint or involuntary seclusion, as well as provide children in our care information and education about these practices. Below are the quarterly reports we have filed with DHS.
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 those rights. A written copy must be distributed to all children in care and families served by the child-caring agency, and afford the following rights:
- Except as provided in paragraph (b) of this subsection, the child in care's right to uncensored communication with legal guardians, caseworkers, legal representatives, and other persons approved for communication by the legal guardian or as provided in a court order.
- This right cannot be waived, including voluntarily. Restriction on communication between a child in care and his or her legal guardian may not be a condition of participation in the program.
- 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.
- The child in care's right to privacy.
- The child in care's right to participate in service planning or educational program planning.
- The child in care's right to fair and equitable treatment.
- 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.
- The child in care's right to have adequate and personally exclusive clothing.
- The child in care's right to personal belongings.
- The child in care's right to an appropriate education.
- The child in care's right to participate in recreation and leisure activities.
- The child in care's right to have timely access to physical and behavioral health care services.
- 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. For an academic boarding school, this subsection only applies to grievances about health or safety issues. The child-caring agency must provide the procedures to each child in care and family. The procedures must include all of the following:
- A process likely to result in a fair and expeditious resolution of a grievance.
- A prohibition of reprisal or retaliation against any individual who files a grievance.
- 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.
- The name, address, and phone number of:
- A Department licensing coordinator; and
- Any other governmental entities with oversight responsibilities.
- 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.