OAR 413-070-1080. Placement of a Child or Young Adult in a Congregate Care Residential Setting

(1) The Department may only place a child or young adult who is in the care or custody of the Department in a congregate care residential setting if the setting is: (a) A child-caring agency as defined in OAR 413-215-0000 (10); (b) A hospital as defined in ORS 442.015; or (c) A rural hospital as defined in ORS 442.470. (2) The Department may only place a child or young adult in a child-caring agency as described in subsection of (1) (a) of this rule if the setting is: (a) A Qualified Residential Treatment Program (QRTP); (b) A setting specializing in providing prenatal, post-partum, or parenting supports for a child or young adult; (c) An independent residence facility as described in ORS 418.475; (d) A setting providing high-quality residential care and supportive services to a child or young adult who has been found to be, or is at risk of becoming, a sex trafficking victim; (e) A residential care agency as described in ORS 419B.354 (3) (d), and the Oregon Health Authority has approved the placement as medically necessary for a child or young adult; (f) An adolescent residential substance use disorder treatment program as defined by OAR 309-018-0105 (66), and the court has approved, or approval is pending for, the placement of a child or young adult for whom the Department retains jurisdiction; (g) A residential care agency that provides short-term assessment and stabilization services for a child or young adult; (h) A runaway, homeless or transitional living shelter that provides short-term assessment and stabilization services for a child or young adult; or (i) A residential family-based program. (3) The Department may only place a child or young adult in an out-of-state child-caring agency in accordance with subsection (3) of this rule if the out-of-state child-caring agency and the Department also meet the requirements under ORS 418.205 to 418.327 pertaining to the placement of a child or young adult in an out-of-state child-caring agency. (4) The Department may not place a child or young adult in a residential care agency as described in subsection (2) (g) of this rule: (a) For more than 60 consecutive days or 90 cumulative days in a 12-month period; or (b) If the residential care agency also serves a child or young adult or a child or young adult offender served by the county juvenile department or a child or young adult offender committed to the custody of the Oregon Youth Authority by the court. (5) The Department may not place a child or young adult in a homeless, runaway or transitional living shelter for more than 60 consecutive or 90 cumulative days in a 12-month period. (6) Calculations of the number of days a child or young adult is placed in a homeless, runaway or transitional living shelter exclude the days the child or young adult is in the shelter if the child or young adult: (a) Accessed the homeless, runaway or transitional living shelter without the support or direction of the Department; and (b) Is a homeless or runaway child or young adult as defined in OAR 413-215-0000 (26).