Oregon Administrative Rules Chapter 407 - DEPARTMENT OF HUMAN SERVICES

Oregon Administrative Rules (OAR) Chapter 407 is a broad and fundamental chapter that outlines the administrative rules for the Department of Human Services (DHS) in Oregon. Given that DHS is a massive agency responsible for a wide array of vital social services, Chapter 407 covers foundational aspects that apply across many of its programs and operations.

Here's a breakdown of the key areas typically covered in OAR Chapter 407:

Procedural Rules (Division 1): These rules establish the general administrative procedures for how DHS conducts its business, including rulemaking processes, public meeting requirements, and other internal governance.

Public Record Fees (Division 3): This division would detail the fees associated with requesting public records from the Department of Human Services, in accordance with Oregon's public records laws.

Client Rights (Division 5) and Client Civil Rights (Division 30): These divisions are crucial for ensuring the rights and civil liberties of individuals who receive services from DHS. They would cover aspects like non-discrimination, confidentiality, due process, and the right to appeal decisions.

Criminal History and Abuse Checks (Division 7): This is a highly significant section. It sets forth the guidelines and requirements for conducting criminal background checks and abuse checks for various "subject individuals" (SIs). This includes DHS employees, volunteers, contractors, and providers for programs overseen by DHS and the Oregon Health Authority (OHA). The rules define potentially disqualifying convictions and conditions, outline the background check process, and address rights to contest determinations. This division is vital for protecting vulnerable populations served by DHS.

Pre-Employment/Employment Screening (Division 10): This division likely focuses on screening processes for DHS employees specifically, building upon the broader background check rules.

Restricting Access to Department of Human Services Premises and Employees (Division 12): These rules address security and safety measures, including when and how access to DHS facilities or employees might be restricted.

Privacy and Confidentiality (Division 14): Given the sensitive nature of information handled by DHS, this division is critical. It outlines how the Department protects confidential client information and complies with state and federal privacy laws (like HIPAA).

Pain Management (Division 20): This division may contain rules related to how DHS-funded programs address pain management, potentially influencing care standards for clients with chronic conditions.

Employment Services (Division 25): This section would cover rules related to employment support and services offered by DHS, likely for individuals receiving public assistance or with disabilities, to help them achieve self-sufficiency.

Contracting and Grants (Division 35): These rules govern how DHS enters into contracts and awards grants to external organizations that provide services on behalf of the Department.

Oregon Health Authority (OHA) (Division 43): While OHA has its own OAR chapters, this division within DHS's rules may outline areas of shared responsibility, collaboration, or specific DHS rules that apply to OHA-related functions where DHS has a role.

Office of Training, Investigations, and Safety - Adult Abuse (Division 45) and Child Abuse (Former Division 47, now likely integrated or renumbered elsewhere): These divisions establish the framework for reporting, investigating, and responding to allegations of abuse of vulnerable adults and children. They detail procedures for screening reports, conducting investigations, assessing protective services, and making findings.

Resilience Hubs and Networks Grant (Division 100): This is an example of a specific program or initiative that might have its own dedicated division within Chapter 407, outlining grant program details, eligibility, and reporting requirements.

Referral Agents for Children's Programs (Division 49): This division, based on recent amendments, focuses on ensuring that individuals or entities who refer children to "programs" (especially out-of-state or in-state for out-of-state children) are registered with DHS. It includes requirements for applications, disclosures, insurance, and background checks for these referral agents.

It's important to note that DHS is a very large agency with many distinct programs (e.g., Child Welfare, Self-Sufficiency Programs, Aging and People with Disabilities, Developmental Disabilities Services). While Chapter 407 covers overarching administrative policies, specific program details are often found in other OAR chapters, such as Chapter 411 (Aging and People with Disabilities and Developmental Disabilities) and Chapter 413 (Child Welfare). Chapter 407 acts as a central hub for fundamental rules applicable across the entire Department and its many functions.

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