Title 34 — HUMAN SERVICES; JUVENILE CODE; CORRECTIONS
The Department of Human Services is created. The department is responsible for the delivery and administration of programs and services relating to: Children and families, including but not limited to child protective services, foster care, residential care for children and adoption services; Elderly persons and persons with disabilities, including but no…
As used in this section and ORS 409.027: “Abuse and neglect report” means a report retained by the Department of Human Services in accordance with ORS 124.085, 419B.030 or 430.757 or a similar report filed in another state. “Care” means treatment, education, training, instruction, placement services, recreational opportunities or case management, supervisi…
The Department of Human Services may use abuse and neglect reports maintained by the department for the purpose of providing protective services or screening subject individuals. The department shall adopt rules to carry out the provisions of subsection (1) of this section. The rules adopted in subsection (2) of this section may include: Notice and opport…
To the extent that there is any conflict between chapter 319, Oregon Laws 1971, and any federal law referred to or to be administered under chapter 319, Oregon Laws 1971, the federal law in effect on June 8, 1971, is controlling. In all cases where federally granted funds are involved, the federal laws, rules and regulations applicable thereto shall govern …
Pursuant to ORS chapter 183, the Director of Human Services may adopt such administrative rules as the director considers necessary to carry out the functions of the Department of Human Services. Notwithstanding any other provision of law, the director by order may delegate authority under subsection (1) of this section to such extent as the director consid…
The Department of Human Services shall maintain in each of its local offices copies of its rules and regulations that the department is required to file with the Secretary of State. Copies of the rules and regulations shall be available for public use and inspection during regular business hours and shall be compiled and indexed in a manner that will facilit…
There is established in the General Fund of the State Treasury an account to be known as the Department of Human Services Account. All moneys in this account are appropriated for and shall be used by the Department of Human Services for the respective purposes authorized by law. The moneys in the account and all appropriations for the account are subject to …
The Department of Human Services Donated Fund Account is established separate and distinct from the General Fund. Interest earned, if any, shall inure to the benefit of the account. The moneys in the account are appropriated continuously to the Department of Human Services. The Department of Human Services shall keep a record of all moneys credited to and d…
There is established a Department of Human Services Special Checking Account in the State Treasury. Upon the written request of the Director of Human Services, the Oregon Department of Administrative Services shall draw payments in favor of the Department of Human Services to be charged against appropriations and other moneys available to the Department of H…
There is established a Volunteer Emergency Services Fund in the State Treasury. The amount of the fund shall not exceed the aggregate sum of $10,000. The fund may be used to pay for purchases, by check or other acceptable means, necessary to assist clients of the Department of Human Services with emergency circumstances that qualify such clients for assista…
Notwithstanding any other law, the Department of Human Services may, with the approval of the Oregon Department of Administrative Services and the State Treasurer, combine or eliminate any accounts that are established in statute within the authority of the Department of Human Services when the Department of Human Services determines that economy and efficie…
It shall be the policy of the Department of Human Services to incorporate the family support policies under ORS 417.340 to 417.348 into staff training and information given to the general public.
The Department of Human Services shall develop a plan for incorporating family support consultants into a percentage of cases managed within the department. The consultants shall work directly with families to develop support in a manner consistent with the family support policies under ORS 417.340 to 417.348 and 417.349. The department shall consult with t…
The Department of Human Services shall be under the supervision and control of the Director of Human Services, who is responsible for providing for programs for the delivery to the public of the services assigned to the department by ORS 409.010 or otherwise, and for undertaking long-range planning necessary for the effective and efficient delivery of these …
The Director of Human Services, consistent with any federal requirements and with the prior consent of the Governor: May cause the organizational units within the Department of Human Services to make joint use of the personnel, resources, information and facilities available within the department; May combine or transfer components of organizational units …
The Director of Human Services may delegate to any of the officers and employees of the department the exercise or discharge in the director’s name of any power, duty or function of whatever character vested in or imposed upon the director by law. However, all such delegations of a continuing nature involving provision for services performed by the departmen…
The Director of Human Services may appoint a deputy director, whose appointment is subject to approval by the Governor and who shall serve at the pleasure of the director. The deputy director shall have full authority to act for the director, subject to directions of the director. The appointment of the deputy director shall be by written order, filed with t…
For purposes of the State Personnel Relations Law, each assistant director appointed under ORS 409.130, and any other officer specifically designated by law, is considered to be the appointing authority with respect to officers and employees under the supervision of the assistant director or other officer, and ORS 240.400 applies to each such appointing auth…
The deputy director and any assistant directors appointed under ORS 409.130 shall be in the unclassified service of the state. With the approval of the Director of Human Services, each assistant director may appoint deputies and principal assistants as necessary to conduct the work of the department. Notwithstanding ORS 240.205, deputies and principal assist…
The Director of Human Services shall require from the personnel within the department such information, reports and documentation, as the director, in the discretion of the director, determines will be necessary to enable the director to: Execute responsibilities pursuant to law. Develop and report to the Governor from time to time on legislative, budgetar…
The Department of Human Services shall report to all relevant committees of the Legislative Assembly at each odd-numbered year regular session with respect to department employees in the classified service who directly provide: Child welfare services under ORS 418.005; Temporary assistance for needy families under ORS 412.006; Nutritional assistance under…
The Department of Human Services shall collaborate with its existing advisory groups to identify and implement workload efficiencies in the state agencies that administer programs providing: Child welfare services under ORS 418.005; Temporary assistance for needy families under ORS 412.006; Nutritional assistance under ORS 411.816; Medical assistance eli…
Annually, the Department of Human Services shall use workload models to assess the workforce capacity and needs in each of the department’s programs and units. Not later than September 30 of each even-numbered year, the department shall report to the committees of the Legislative Assembly related to human services, in the manner provided in ORS 192.245, the…
The Director of Human Services may consolidate the internal audits units within the Department of Human Services into an office of audits within the director’s office, in order to achieve a higher level of independence and economy of management.
CHILD WELFARE SERVICES
The Director of Human Services shall oversee the development of standards and procedures for assessment, investigation and enforcement of child protective services. The Department of Human Services shall take action to implement the provision of child protective services as outlined in ORS 417.705 to 417.800 and based on the recommendations in the 1992 “Ore…
It is the policy of the State of Oregon to ensure the integrity of the child welfare system. To this end it is necessary to provide for a process to allow for appropriate internal review of decisions made by the Department of Human Services. The state therefore requires that: Citizens shall be guaranteed the right to review of the actions and conduct of the…
The Department of Human Services shall adopt rules establishing a review process to carry out the policy expressed in ORS 409.192. If the actions and conduct of the department are being addressed in a judicial or administrative proceeding, the review required by subsection (1) of this section may not be commenced or shall be stayed pending resolution of the…
The Department of Human Services may provide services related to the prevention, control and treatment of incest and sexual abuse. Those services include, but are not limited to, consultation, counseling, therapy and treatment programs for children who are the victims of incest and sex offenses, their families and the perpetrators of the incest or sex offens…
In the interest of family privacy and for the protection of children, families and other recipients of services, the Department of Human Services may not disclose or use the contents of any child welfare records, files, papers or communications that contain any information about an individual child, family or other recipient of services for purposes other th…
Information contained in Department of Human Services reports and other materials relating to a child’s history and prognosis that, in the professional judgment of the person providing the information for the reports or other materials, indicates a clear and immediate danger to another person or to society shall be disclosed to the appropriate authority and …
Warrants shall be drawn by the Oregon Department of Administrative Services in favor of the Department of Human Services for the aggregate amounts of the Department of Human Services’ expenses. The Department of Human Services shall deposit all such warrants in the State Treasury in a checking account in reimbursement of those expenses. The Department of Hum…
On written request of the Department of Human Services, the Oregon Department of Administrative Services shall draw warrants on amounts appropriated to the Department of Human Services for operating expenses for use by the Department of Human Services as a revolving fund. The revolving fund shall not exceed the aggregate sum of $100,000 including unreimburse…
There is established in the General Fund of the State Treasury an account consisting of moneys received by the Department of Human Services for child welfare services, to be known as the Services to Children and Families Account. All moneys in the Services to Children and Families Account are continuously appropriated to the Department of Human Services and …
As used in this section: “Child” means a ward, as defined in ORS 419A.004, in the custody of the Department of Human Services under ORS 419B.337. “Maintenance cost” means a payment to a foster parent or relative caregiver for the costs of providing a child with food, clothing, housing, daily supervision, personal incidentals and transportation. Except for…
As used in ORS 409.273 to 409.285: “Crisis line” means an emergency telephone service staffed by persons who are trained to provide emergency peer counseling, information, referral and advocacy to victims of sexual offenses and their families. “Director” means the Director of Human Services.
The Director of Human Services may make grants to and enter into contracts with private nonprofit organizations that provide intervention and support services to victims of sexual offenses and their families. Grants or contracts under this subsection may be: For the funding of sexual assault crisis centers; and For the funding of crisis lines providing ser…
The Director of Human Services shall establish minimum standards for sexual assault crisis centers receiving grants or other financial assistance under ORS 409.273.
A private nonprofit organization operating a sexual assault crisis center or crisis line may apply to the Director of Human Services for a grant under ORS 409.273. The organization must submit to the director, at the time of application: A statement of services provided; Proof of maintenance of accurate and complete financial records; Clearly defined writ…
Services provided by sexual assault crisis centers and crisis lines receiving grants or other financial assistance under ORS 409.273 shall be made accessible and available to all persons who reside in the area served who may need the services. If a sexual assault crisis center or crisis line receiving funds under ORS 409.273 is unable to provide necessary se…
There is established the Sexual Assault Victims Fund in the Services to Children and Families Account of the General Fund established under ORS 409.260. All moneys credited to the Sexual Assault Victims Fund are continuously appropriated for the purposes of ORS 409.273 to be expended by the Director of Human Services as provided in ORS 409.273. However, the…
As used in ORS 409.290 to 409.300 unless the context requires otherwise: “Crisis line” means an emergency telephone service staffed by persons who are trained to provide emergency peer counseling, information, referral and advocacy to victims of family or teen dating violence and their families. “Director” means the Director of Human Services. “Domestic v…
The Director of Human Services may make grants to and enter into contracts with nonprofit private organizations or public agencies for programs and projects designed to prevent, identify and treat family, domestic and teen dating violence. Grants or contracts under this subsection may be: For the funding of shelter homes for spouses and children who are or …
The Director of Human Services shall establish minimum standards to insure that shelter homes and safe houses receiving grants under ORS 409.292 provide services meeting basic survival needs, including, but not limited to, food, clothing, housing, safety, security, client advocacy and counseling.
A public agency or nonprofit private organization operating a shelter home or safe house may apply to the Director of Human Services for a grant under ORS 409.292. The agency or organization must submit to the director, at the time of application: A statement of services provided; Proof of maintenance of accurate and complete financial records; Assurance …
Services provided by shelter homes, safe houses and crisis lines receiving grants or other financial assistance under ORS 409.292 shall be made accessible and available to all persons who reside in the area served who may need the services. If a shelter home, safe house or crisis line receiving funds pursuant to ORS 409.292 to 409.300 is unable to provide ne…
There is established the Domestic Violence Fund in the Services to Children and Families Account of the General Fund established under ORS 409.260. All moneys received by the Director of Human Services under ORS 106.045 or 106.330 and any other funds allocated for expenditure under ORS 409.292 shall be credited to the Domestic Violence Fund. All moneys cre…
Grants awarded through funding from the Criminal Fine Account for domestic violence programs shall be used to support direct services, with no more than five percent of each grant to be spent for administration.
VOLUNTEER PROGRAM
The Director of Human Services is authorized to establish the Department of Human Services Volunteer Program to assist in carrying out the duties of the Department of Human Services. A volunteer who is performing services pursuant to the Department of Human Services Volunteer Program established under subsection (1) of this section is an agent of the state …
RESPITE CARE PROGRAM
As used in ORS 409.450 to 409.478: “Caregiver” means an individual providing ongoing care for an individual with special needs. “Community lifespan respite care program” means a noncategorical respite care program that: Is operated by community-based private nonprofit, for-profit or public agencies that provide respite care services; Receives funding thr…
The Legislative Assembly finds that: Supporting the efforts of families and caregivers to care for individuals with special needs at home is efficient, cost effective and humane. Families receiving occasional respite care relief are less likely to request admission of an individual with special needs to nursing homes, foster care or other out-of-home care a…
The Director of Human Services shall establish the Oregon Lifespan Respite Care Program to develop and encourage statewide coordination of respite care and to work with community-based private nonprofit, for-profit or public agencies and interested citizen groups in the establishment of community lifespan respite care programs. The Oregon Lifespan Respite Ca…
The Department of Human Services through the Oregon Lifespan Respite Care Program shall coordinate the establishment of community lifespan respite care programs. The program shall accept proposals to operate community lifespan respite care programs, submitted in the form and manner required by the program, from community-based private nonprofit, for-profit o…
Each community lifespan respite care program established pursuant to ORS 409.458 shall: Involve key local individuals and agencies in the community lifespan respite care program planning process. Create an advisory committee to advise the community lifespan respite care program on how the program may best serve the needs of families and caregivers of indiv…
Respite care services made available through the Oregon Lifespan Respite Care Program shall: Include a flexible array of respite care options responsive to family and caregiver needs and available before families and caregivers are in a crisis situation; Be sensitive to the unique needs, strengths and multicultural values of an individual, family or caregi…
The Department of Human Services shall adopt all rules necessary for the operation and administration of the Oregon Lifespan Respite Care Program, including but not limited to: Establishing criteria, procedures and timelines for designation of the community-based private nonprofit, for-profit or public agencies that will receive funding to provide respite s…
The Oregon Lifespan Respite Care Program may use the funds appropriated to the program for the following purposes: The purposes established in ORS 409.458 and 409.462; Costs related to ongoing provider recruitment and training, information and referral, outreach and other components of the provision of local respite care; One time only start-up costs rela…
CHILD CARE SERVICES
It is the goal of the Legislative Assembly to provide programs to make child care services more affordable, to improve the quality of services offered and to increase the number of child care providers. Programs should be tailored to the needs of local communities and should include a combination of actions that will address both targeted populations, such a…
MISCELLANEOUS
The Department of Human Services shall adopt by rule a grant program to provide funding for the purposes described in subsections (2) and (3) of this section to culturally specific and responsive organizations, tribal governments and under-resourced rural community service organizations. Grants must be used to help low-income residents of this state by: Pr…
As used in this section: “Adult foster home” has the meaning given that term in ORS 443.705 (1). “Health care facility” has the meaning given that term in ORS 442.015. “Residential facility” has the meaning given that term in ORS 443.400. Every adult foster home, health care facility and residential facility licensed or registered by the Department of Hu…
Notwithstanding any other provision of law, the Department of Human Services shall disclose to the general public the name and the dates of birth and death of a person whose cremated or reduced remains are in the possession of the department for the purpose of: Giving a family member of the person an opportunity to claim the cremated or reduced remains; and…
Notwithstanding ORS 411.760, liquidated and delinquent debts owed to the Department of Human Services may be set off against amounts owed by the department to the debtors.
The State of Oregon desires to assist and enable the poor to achieve maximum feasible economic self-sufficiency. It shall be a state goal to eliminate or alleviate the causes and conditions of poverty in Oregon. The state shall assist service providers, including community-based organizations, culturally specific or culturally responsive organizations as def…
As used in this section: “Resilience Hub” means a physical facility that is operated, managed or supported by one or more local residents, local governments, tribal governments, public schools, community-based organizations, faith-based organizations, nonprofit organizations or nongovernmental organizations and that: Supports the needs of community members…
As used in ORS 409.800 to 409.816 and 409.900: “Assessment rate” means the rate established by the Director of Human Services under ORS 409.802. “Assessment year” means a 12-month period, beginning July 1 and ending the following June 30, for which the assessment rate being determined is to apply. “Gross revenue”: Means the revenue paid to a long term ca…
A long term care facility assessment is imposed on each long term care facility in this state. The amount of the assessment equals the assessment rate times the number of patient days, including Medicaid patient days, at the long term care facility for a calendar quarter. The assessment shall be reported on a form prescribed by the Department of Human Serv…
On or before June 15 of each year, the Director of Human Services shall establish an assessment rate for long term care facilities that are not exempt for the assessment year from the assessment imposed under ORS 409.801. The assessment rate shall apply prospectively to the assessment year. The assessment rate shall be a rate estimated to collect an amount t…
The Oregon Veterans’ Home is exempt from the assessment imposed under ORS 409.801. Note: 409.803 is repealed January 2, 2034, and applies to long term care facility assessments imposed before June 30, 2032. See sections 23 and 31, chapter 736, Oregon Laws 2003, as amended (second note under 409.900).
Notwithstanding any other provision of law, an assessment under ORS 409.800 to 409.816 and 409.900 may be imposed only in a calendar quarter for which the long term care facility reimbursement rate that is part of the Oregon Medicaid reimbursement system was calculated according to the methodology described in ORS 409.815 (4). The Department of Human Service…
Each long term care facility subject to assessment under ORS 409.801 shall maintain records sufficient to determine the amount of the assessment under ORS 409.801. Unless otherwise exempt, a long term care facility shall report the payment of the assessment as an allowable cost for Medicaid reimbursement purposes. The Department of Human Services may audit…
A long term care facility that has paid an amount that is not required under ORS 409.800 to 409.816 and 409.900 may file a claim for refund with the Department of Human Services. Any long term care facility aggrieved by an action of the Department of Human Services or by an action of the Director of Human Services taken under ORS 409.800 to 409.816 and 409.…
The Long Term Care Facility Quality Assurance Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Long Term Care Facility Quality Assurance Fund shall be credited to the fund. Amounts in the Long Term Care Facility Quality Assurance Fund are continuously appropriated to the Department of Human Servi…
Amounts collected by the Department of Human Services from the assessment under ORS 409.801 shall be deposited in the Long Term Care Facility Quality Assurance Fund established under ORS 409.815. Note: 409.816 is repealed January 2, 2034, and applies to long term care facility assessments imposed before June 30, 2032. See sections 23 and 31, chapter 736, Or…
A long term care facility that fails to file a report or pay an assessment under ORS 409.801 by the date the report or payment is due shall be subject to a penalty of $500 per day of delinquency. Penalties imposed under this section shall be collected by the Department of Human Services and deposited in the Department of Human Services Account established u…