A residential care agency must meet all of the following requirements:

1. (1) Minimum staffing patterns. The residential care agency must establish staff-to-child ratios that will provide adequate supervision and protection for children in care. The ratios must be adequate for the type of program, location of program, the age and type of children in care served, physical plant design, location and ability of the supervisor to respond, electronic backup systems, and other means available to ensure a high standard of supervision and protection. The minimum staffing ratios are as follows:

   1. (a) For children in care who are under 30 months of age: one direct care staff for each four children in care.
   2. (b) For children in care who are 30 months of age or older and either less than six years of age or non-ambulatory, one direct care staff for each six children in care.
   3. (c) For children in care who are six years of age or older, one direct care staff for each seven children in care.

2. (2) Overnight staffing requirements.

   1. (a) A residential care agency must have policies and procedures regarding overnight supervision of children in care. The procedures must describe how staff must monitor and ensure the safety of children in care during sleeping hours. If the residential care agency houses more than one child in care to a bedroom or uses dormitory-type sleeping arrangements, the procedure must specifically address those living arrangements.
   2. (b) During normal sleeping hours, the minimum staffing requirement is one awake direct care staff on duty in the facility for each 10 children in care.

3. (3) Additional staffing requirements for emergency response.

   1. (a) When there is only one staff of the residential care agency on duty in the facility, there must be additional staff immediately available in the event of an emergency, with a maximum response time of 30 minutes.
   2. (b) One staff who is age 18 or over and capable of taking appropriate action in an emergency must be on site at all times when one or more child in care is present on the residential facility premises.

Statutory/Other Authority

ORS 409.050, ORS 418.005, ORS 418.327 & ORS 418.240

Statutes/Other Implemented

ORS 418.205 - 418.327

History

OTIS 35-2023, amend filed 04/17/2023, effective 04/18/2023
CWP 26-2022, renumbered from 413-215-0561, filed 11/28/2022, effective 12/01/2022
CWP 28-2020, minor correction filed 01/13/2020, effective 01/13/2020
CWP 22-2016, f. & cert. ef. 12-1-16
CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16
CWP 19-2015, f. & cert. ef. 10-1-15
Renumbered from 413-210-0080, CWP 33-2008, f. & cert. ef. 10-17-08
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95