1. (1) A home must have staff appropriate to the number of individuals receiving services as follows:
   (a) A home with five or fewer individuals must have at least one staff member on the premises of the home when individuals are present.
   (b) A 24-hour residential setting with five or fewer individuals in apartments must have at least one staff member on the premises of the apartment complex when individuals are present.
   (c) A home with six or more individuals must have at least one staff member on the premises of the home for every 15 individuals during awake and sleeping hours, except homes licensed prior to January 1, 1990.
   (d) A home with any number of children must provide at least one awake night staff member on the premises of the home when children are present.
   (e) An agency must develop and implement a staffing schedule that demonstrably meets the known activities of daily living, instrumental activities of daily living, behavioral, and medical support needs of all the residents of the home and reflects conditions of exceptional funding.
   (2) A home is granted an exception to the staffing requirements in sections (1)(a), (1)(b), and (1)(c) when the following conditions have been met:
   (a) No more than two adult individuals are to be left alone in the home at any time without on-site staff supervision.
   (b) The amount of time an adult individual may be left alone in the home may not exceed five hours within a 24-hour period and the adult individual may not be responsible for any other adult individual or a child in the home or community.
   (c) An adult individual may not be left alone in the home without staff supervision between the hours of 11:00 P.M. and 6:00 A.M.
   (d) An adult individual may be left alone in the home if the adult individual has a documented history of being able to perform the following safety measures or there is a documented ISP team decision agreeing to an equivalent alternative practice:
   (A) Independently call 911 in an emergency and give relevant information after calling 911;
   (B) Evacuate the premises during emergencies or fire drills without assistance in three minutes or less;
   (C) Knows when, where, and how to contact their provider in an emergency;
   (D) Before opening the door, checks who is there;
   (E) Answer the door appropriately, including not inviting strangers into the home;
   (F) Safely use small appliances, sharp knives, kitchen stove, and microwave, or if not used safely, understands not to use without a staff present;
   (G) Self-administer medications, if applicable;
   (H) Safely adjust water temperature at all faucets; and
   (I) Safely take a shower or bathe without falling, or if these activities present a risk to the individual, understands not to shower or bathe without a staff present.
   (e) There is a documented ISP team decision annually noting team agreement that the adult individual meets the requirements of subsection (d) of this section.
   (3) If at any time an adult individual is unable to meet all of the requirements in section (2)(d)(A)-(I) of this rule, a provider may not leave the individual alone without supervision. In addition, the provider must notify the individual's case manager within one business day and request that the individual's ISP team meet to address the ability of the individual to be left alone without supervision.
   (4) Each home must meet all requirements for staff ratios as specified by the Department in a notification to the provider about the approval of an exceptional rate.
   (5) No later than January 1, 2026, an agency operating a home that provides services to children must have and implement a policy that assures a program supervisor is in each children’s home the agency operates for a minimum of eight hours per week. The program supervisor for a home providing services to children must have at least two years of professional experience delivering supports to children.

Statutory/Other Authority

ORS 409.050, 427.104, 430.662, 441.715, 443.450 & 443.455

Statutes/Other Implemented

ORS 409.010, 427.007, 427.101, 427.104, 430.215, 430.610, 430.662, 441.705-441.720, 441.740, 441.745, 443.384, 443.392, 443.400-443.445, 443.450, 443.455, 443.880, 443.881 & 443.991

History

APD 1-2026, amend filed 01/12/2026, effective 01/15/2026
APD 11-2025, temporary amend filed 07/17/2025, effective 07/21/2025 through 01/16/2026
APD 13-2019, amend filed 02/14/2019, effective 02/15/2019
APD 24-2016, f. & cert. ef. 6-29-16
APD 34-2015(Temp), f. 12-31-15, cert. ef. 1-1-16 thru 6-28-16
SPD 58-2013, f. 12-27-13, cert. ef. 12-28-13
SPD 25-2004, f. 7-30-04, cert. ef. 8-1-04
SPD 25-2003, f. 12-29-03, cert. ef. 1-1-04