1. (1) INDIVIDUAL RIGHTS.

   1. (a) A program provider and in-residence caregiver must protect the rights of children described in OAR 411-318-0010 and encourage and assist children and the child’s parent or guardian to understand and exercise these rights.
   2. (b) Upon entry and request and annually thereafter, the individual child rights described in OAR 411-318-0010 must be provided to a child and the child’s parent or guardian.
   3. (c) The individual rights apply to all children eligible for or receiving developmental disabilities services. A parent or guardian may place reasonable limitations on the rights of a child.
   4. (d) The child and their parent or guardian must be notified annually, in accordance with the ISP, of the services available from the Residential Facilities Ombudsman.

2. (2) COMPLAINTS.

   1. (a) Complaints by or on behalf of children must be addressed in accordance with OAR 411-318-0015.
   2. (b) Upon entry and request and annually thereafter, the policy and procedures for complaints must be explained and provided to a child and the child’s parent or guardian.
3. (3) NOTIFICATION OF PLANNED ACTION. In the event a developmental disabilities service is denied, reduced, suspended, or terminated, a written advance Notification of Planned Action on a Department-approved form must be provided as described in OAR 411-318-0020.

4. (4) HEARINGS.

   1. (a) Hearings must be addressed in accordance with ORS chapter 183 and OAR 411-318-0025.
   2. (b) A child’s parent or guardian may request a hearing as provided in ORS chapter 183 and OAR 411-318-0025 for a denial, reduction, suspension, or termination or OAR 411-318-0030 for an involuntary reduction, transfer, or exit.
   3. (c) Upon entry and request and annually thereafter, a notice of hearing rights and the policy and procedures for hearings must be explained and provided to a child and the child’s parent or guardian.

Statutory/Other Authority

ORS 409.050, 427.104, 441.715, 443.450 & 443.455

Statutes/Other Implemented

ORS 427.104, 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 36-2019, adopt filed 10/29/2019, effective 11/01/2019