Oregon Administrative Rules|Section 411-325-0352 - Behavior Supports for Children

                                                
Current through Register Vol. 60, No. 12, December 1, 2021 
For the purpose of this rule, a designated person is the person implementing the behavior supports identified in a child's Positive Behavior Support Plan.
 
(1) BEHAVIOR SUPPORTS. Professional behavior services and behavior supports must be delivered in accordance with OAR 411-323-0060(4).
 
(2) Behavior supports must not include any of the following characteristics:
(a) Abusive.
 
(b) Aversive.
 
(c) Coercive.
 
(d) For convenience.
 
(e) Disciplinary.
 
(f) Demeaning.
 
(g) Mechanical restraint.
 
(h) Prone or supine restraint.
 
(i) Pain compliance.
 
(j) Punishment.
 
(k) Retaliatory.
 
(3) PROFESSIONAL BEHAVIOR SERVICES. Professional behavior services may be provided to a child based on the child's specific identified need for services to address challenging behavior in accordance with OAR chapter 411, division 304. 
(a) When professional behavior services are provided to a child, a program provider must: 
(A) Coordinate with the behavior professional and the child's ISP team to ensure the professional behavior services and behavior supports being provided are sufficient to meet the behavioral support needs of the child; and
 
(B) Implement the Positive Behavior Support Plan, or appropriate portions therein, as agreed upon by the child's ISP team.
 
(b) A program provider may deliver professional behavior services to a child under the following conditions: 
(A) The 24-hour residential program must be endorsed to OAR chapter 411, division 304 for professional behavior services in accordance with OAR chapter 411, division 323;
 
(B) The behavior professional must meet the qualifications described in OAR 411-304-0170;
 
(C) The behavior professional must be the choice of the child's parent or guardian for professional behavior services;
 
(D) Professional behavior services are not delivered to children enrolled to receive services in a 24-hour residential program for the convenience of the behavior professional or program provider; and
 
(E) The 24-hour residential program meets the requirements as an enrolled Medicaid Provider as described in OAR chapter 411, division 370, and has a separate and distinct Medicaid Provider number for the provision of professional behavior services.
 
(c) A Positive Behavior Support Plan must be developed and implemented when Department funds are used for professional behavior services. The provision of professional behavior services must be authorized by a child's case manager and identified in the child's ISP.
 
(4) SAFEGUARDING INTERVENTIONS AND SAFEGUARDING EQUIPMENT 
(a) A safeguarding intervention is also a restraint and must meet the requirements of OAR 411-325-0355.
 
(b) A designated person must only utilize a safeguarding intervention or safeguarding equipment according to OAR 411-325-0355.
 
(c) The child's parent or guardian must provide consent for the safeguarding intervention or safeguarding equipment through an individually-based limitation in accordance with OAR 411-325-0430.
 
(d) Prior to utilizing a safeguarding intervention or safeguarding equipment, a designated person must be trained.
(A) For a safeguarding intervention, the designated person must be trained in intervention techniques using an ODDS-approved behavior intervention curriculum and trained to the child's specific needs. Training must be conducted by a person who is appropriately certified in an ODDS-approved behavior intervention curriculum.
 
(B) For safeguarding equipment, the designated person must be trained on the use of the identified safeguarding equipment.
 
(e) A designated person must not utilize any safeguarding intervention or safeguarding equipment not meeting the standards set forth in this rule or OAR 411-325-0355 even when the use is directed by the child or the child's parent or guardian, regardless of the child's age.
 
(5) RESTRAINT. The use of a restraint must meet the requirements in OAR 411-325-0355.
 
Or. Admin. R. 411-325-0352
APD 46-2021, temporary adopt filed 10/19/2021, effective 10/20/2021 through 4/17/2022
Statutory/Other Authority: ORS 409.050, 427.104, 441.715, 443.450, 443.455 & SB 710 (2021 OR Law, Ch. 672)
 
Statutes/Other Implemented: ORS 409.010, 427.007, 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 & SB 710 (2021 OR Law, Ch. 672)
This section was updated on 11/9/2021 by overlay.