416-060-0005
Purpose and Policy

(1) Purpose
These rules govern general media relations for the Oregon Youth Authority (OYA) including responding to information requests and granting access by Media Representatives to OYA Facilities, Substitute Care Placements staff, and Youth in Custody.
(2) Policy
(a) OYA acknowledges the public’s interest in and concern with OYA’s mission to protect the public, reduce crime, hold Youth in Custody accountable and provide opportunities for reformation in safe environments.
(b) In recognition of the news media’s role in reporting matters of public interest, OYA will work with Media Representatives to provide requested information within OYA’s resource limitations and requirements for safety, security and confidentiality; and it is the policy of OYA to permit and assist with access by Media Representatives to OYA Facilities, programs, Youth in Custody and staff for the purposes of supporting OYA’s mission and goals within the limitations required to ensure Facility security, safety and Youth in Custody’s reformation.
(c) Interviews with Youth in Custody may be permitted with their consent and the approval of the appropriate Superintendent/Camp Director or Field Supervisor or designee. When authorized, an interview with a Youth in Custody is permitted neither as a matter of right nor as a privilege of the Youth in Custody or the Accredited News Media Organization. Instead, an interview may be approved if the appropriate Superintendent, Camp Director, Field Supervisor, or designee and the OYA Communications Office determine it is consistent with OYA’s mission and goals and the safe, secure and orderly management and operation of the Facility or program, and is not inconsistent with the Youth in Custody’s treatment, education, reformation and rehabilitation.
(d) There are inherent risks associated with entering an OYA Facility. Consequently, Media Representatives enter OYA Facilities at their own risk, and are required to comply with all security and control measures of the Facility and with the directions of OYA staff.
(e) OYA may initiate contact and provide access to Media Representatives to report on activities that further OYA’s mission and goals.

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010
History:
OYA 5-2022, amend filed 09/06/2022, effective 09/06/2022
OYA 5-2010, f. 10-14-10, cert. ef. 10-25-10

416-060-0010
Definitions

(1) Accredited News Media Organization:
(a) A newspaper that qualifies as a general circulation newspaper in the community in which it is published. A newspaper is one of general circulation if it circulates among the general public and if it publishes news of general interest to the public such as news of political, religious, commercial or social affairs. A key test to determine whether a newspaper qualifies as a general circulation publication is whether it qualifies for the purpose of publishing legal notices in the community in which it is located or the area where it distributes;
(b) A magazine that has a national, state or local circulation and is sold by newsstands and by mail subscription to the general public;
(c) A national or international wire service;
(d) A radio or television program whose primary purpose is to report news and which is part of a broadcast station holding a Federal Communications Commission license;
(e) A corrections or juvenile justice trade publication that reports on industry practices; or
(f) An Internet Web site affiliated with the organizations described in subsections (a)-(e) above, or an unaffiliated Internet Web site with a history of publishing news of general interest.
(2) Communications Liaison: The person in each Facility or community field office assigned to function as a liaison with the OYA Communications Office to keep the OYA Communications Office informed about news and activities at the Facility or OYA field office, and to assist the OYA Communications Office in responding to Media Representatives. 
(3) Facility: Any youth correctional facility, camp or transitional facility including the staff offices and the grounds, operated by the Oregon Youth Authority.
(4) Field Supervisor: An OYA community services supervisor that oversees juvenile parole and probation officers, assistants, field office staff, and field office operations.
(5) Identifiers: Means of identifying a Youth in Custody through face, name, age, voice, gender, home community or other information.
(6) Media Representatives: 
(a) Persons whose principal employment is with an Accredited News Media Organization;
(b) Unaffiliated persons who produce credentials or other written documentation from an Accredited News Media Organization demonstrating that the media organization has contracted with the person to purchase their completed work or project; or
(c) Authors of books or filmmakers who produce credentials or other written documentation demonstrating that a commercial publisher or media organization has contracted to purchase their completed work or project.
(7) OYA: Oregon Youth Authority.
(8) OYA Communications Office: The designated official spokespeople for OYA, who are the Director’s Office communications director and communications deputy director.  
(9) Substitute Care Placement: Any of the out-of-home care and treatment programs authorized by OYA to serve adjudicated youth in OYA’s legal custody, including contracted residential treatment programs and certified foster homes.  Substitute Care Placements exclude OYA’s Facilities.
(10) Substitute Care Providers: Persons authorized by OYA through contract or other written agreement to provide supervision and care for adjudicated youth in OYA’s legal custody on parole or probation status in the community.  Such persons include, but are not limited to, contracted residential treatment providers and certified foster parents (including respite providers).
(11) Superintendent/Camp Director: The superintendent or camp director, as applicable, of a Facility.  References to “Superintendent/Camp Director” throughout these rules refer to the superintendent or camp director of the Facility at which the visit, tour, or interview is being sought.
(12) Unaffiliated Persons: Freelance writers, independent filmmakers, producers, journalism teachers and students, and other persons who do not meet the definition of Media Representatives.
(13) Youth in Custody: A person in the legal and physical custody of OYA either in a Facility or placed in the community under supervision; and a person in the legal custody of the Department of Corrections and the physical custody of OYA in a Facility.

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010
History:
OYA 5-2022, amend filed 09/06/2022, effective 09/06/2022
OYA 5-2010, f. 10-14-10, cert. ef. 10-25-10

416-060-0015
Media Identification of Youth in Custody

Identifying information about Youth in Custody may be used in accordance with these rules and after all appropriate parties have given written permission. 
(1) Photographs 
(a) Identifiable photographs of Youth in Custody younger than 18 may be used only with written permission of the Youth in Custody, Youth in Custody’s parent(s) or legal guardian(s), and the Superintendent/Camp Director, Field Supervisor, or designee. 
(b) Identifiable photographs of youth 18 and older may be used with written permission of the Youth in Custody and the Superintendent/Camp Director, Field Supervisor, or designee. 
(2) Other Identifiers 
(a) Identifiers of Youth in Custody younger than 18 may be used with written permission of the Youth in Custody, Youth in Custody’s parent(s) or legal guardian(s), and the Superintendent/Camp Director, Field Supervisor, or designee. (See OAR 416-060-0010(5)).   
(b) Identifiers of Youth in Custody ages 18 and older may be used with written permission of the Youth in Custody and Superintendent/Camp Director, Field Supervisor, or designee. 

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010
History:
OYA 5-2022, amend filed 09/06/2022, effective 09/06/2022
OYA 5-2010, f. 10-14-10, cert. ef. 10-25-10

416-060-0020
Media Access to Facilities

(1) Media requests for access
Media Representatives who desire to visit a Facility must contact the OYA Communications Office. Requests to visit a Facility must be made at least 24 hours in advance of the desired appointment time.
(2) Media access to Facilities
Consistent with OYA’s policy, Media Representatives are encouraged to visit and tour Facilities and learn about programs for the purpose of professional enhancement, observation and reporting. 
(a) OYA may accommodate requests by Media Representatives for access to OYA Facilities if the access is consistent with OYA’s policies and procedures, the reformation and rehabilitation of Youth in Custody, and the efficient and orderly operation of treatment programs and the Facility as a whole, and with the Superintendent/Camp Director’s approval.  Whether to approve a request to access OYA Facilities is in the sole discretion of the Superintendent/Camp Director.
(b) The Superintendent/Camp Director must deny a request by a Media Representative for Facility access when the access, in the Superintendent/Camp Director’s judgment, may jeopardize the safety and security of the Facility, staff, visitors, or Youth in Custody.
(3) Media access preparation 
After Media Representatives’ access to a Facility has been approved, the OYA Communications Office or Facility Communications Liaison will notify the Media Representative of the appropriate date, time and equipment allowed in the Facility and any other pertinent information. 
(4) Media access in the event of an emergency
OYA may restrict Media Representatives’ access to Facilities for safety and security purposes during emergencies or when access would disrupt or interfere with operational activities in the sole discretion of the Superintendent/Camp Director.

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010
History:
OYA 5-2022, amend filed 09/06/2022, effective 09/06/2022
OYA 5-2010, f. 10-14-10, cert. ef. 10-25-10

416-060-0025
Media Facility Visitation Requirements

(1) Media Representatives must identify themselves with a valid form of government-issued photo identification before they will be permitted to enter a Facility.
(2) Media Representatives are subject to the same Facility entrance screening and contraband policies and procedures as are other visitors and in compliance with OAR chapter 416, division 420 (Visitors to OYA Facilities). 
(3) Notwithstanding subsection (2) above, Media Representatives granted entrance to a Facility generally will be permitted use of “tools of the trade,” subject to the written consent of the Superintendent/Camp Director and OYA Communications Office. However, OYA may limit the number and type of tools of the trade that Media Representatives may bring into a Facility to make still or video pictures and audio recordings.  
(4) All approved equipment must be inventoried and searched by OYA staff prior to the Media Representative(s) entering the Facility.
(5) Items not allowed into a Facility must be stored in the Media Representatives’ work or personal vehicle(s). OYA will not hold items for Facility visitors.
(6) A member of the OYA Communications Office, the Facility Communications Liaison or other designated staff member must escort Media Representatives through the Facility and be present at all times during the visit or tour.
(7) If at any time before or during the news media visit or tour OYA determines that a potential threat to safety or security exists, the visit or tour must be terminated. The Media Representative(s) must comply with the direction of their OYA escort.
(8) Photographs or other recordings made in a Facility or other OYA property require prior written authorization from the Superintendent/Camp Director. Taking photographs or video footage of control centers or electronic security equipment is strictly prohibited.
(9) Impromptu, unscheduled interviews, video and audio recordings, or photographs of staff, Youth in Custody and others may be permitted if the individuals give their written consent, parents or guardians of Youth in Custody younger than 18 give their written permission, and the Superintendent/Camp Director, or designee determines that the interview or photo opportunity would not:
(a) Be overly disruptive of Facility or program operations;
(b) Compromise Youth in Custody treatment plans or reformation; or 
(c) Present safety or security concerns.
(10) Any attempt by a Media Representative to disregard the conditions for access or directions of staff may result in immediate termination of access to the Facility.

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010
History:
OYA 5-2022, amend filed 09/06/2022, effective 09/06/2022
OYA 5-2010, f. 10-14-10, cert. ef. 10-25-10

416-060-0030
Media Access to Youth in Custody in Facilities

(1) Media Representatives who desire contact with a Youth in Custody may seek such contact by contacting the OYA Communications Office.  In all cases, Youth in Custody participation is voluntary.
(2) Interviews with Youth in Custody may be approved with written consent of the OYA Communications Office and the Superintendent/Camp Director or designee, and with the Youth in Custody’s written consent, if in the judgment of the Superintendent/Camp Director or designee the interview is consistent with the following:
(a) OYA’s mission and goals;
(b) The Youth in Custody’s treatment planning and reformation; and 
(c) The Facility’s safe, secure and orderly operations.
(3) Interviews with Youth in Custody younger than 18 may be approved in accordance with section (2) above, and with written permission of the Youth in Custody’s parent(s) or legal guardian(s). 
(4) Conducting the interview:
(a) The interview must be supervised by staff and take place in a designated area approved by the Superintendent/Camp Director or designee.
(b) The OYA Communications Office or a designee and the Facility Superintendent/Camp Director or a designee must be present with the Youth in Custody during the interview and may limit the scope of questions. 
(c) OYA may set reasonable limits for the length of the interview.
(d) Requests for Youth in Custody to participate in a recorded or live audience participation show generally will be denied. Exceptions may be made only if approved in advance by the OYA Communications Office and the Superintendent/Camp Director.
(e) Other Facility or program access separate from the interview may be granted with the approval of the OYA Communications Office and the Superintendent/Camp Director or designee.
(5) Youth in Custody may not accept payment or remuneration for themselves or family members for agreeing to an interview or participating in a media-related activity.
(6) Youth in Custody may not use the news media or enter into agreements with the news media to pass along messages or otherwise communicate with their families, victims, or any person other than the general reading, viewing or listening audience.
(7) Media Representatives may not accompany a visitor, attorney or others on a visit to a Youth in Custody. Exceptions may be made by the OYA Communications Office and the Superintendent/Camp Director in extraordinary circumstances in their sole discretion.
(8) Media Representatives may not attend depositions of Youth in Custody in an OYA Facility.

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010
History:
OYA 5-2022, amend filed 09/06/2022, effective 09/06/2022
OYA 5-2010, f. 10-14-10, cert. ef. 10-25-10

416-060-0035
Media Access to Youth in Custody in Substitute Care

(1) Media Representatives who desire contact with a Youth in Custody may seek such contact by contacting the OYA Communications Office. In all cases, Youth in Custody participation is voluntary.
(2) Interviews with Youth in Custody in Substitute Care may be approved by the OYA Communications Office and the Field Supervisor or designee, with the Youth in Custody’s consent, if in the Field Supervisor’s or designee’s judgment the interview is consistent with the following:
(a) OYA’s mission and goals;
(b) The Youth in Custody’s treatment planning and reformation; and 
(c) The Substitute Care Provider’s safe, secure and orderly operations.
(3) Interviews with Youth in Custody younger than 18 may be approved in accordance with section (2) above, and with written permission of the Youth in Custody’s parent(s) or legal guardian(s). 
(4) Conducting the interview
(a) The interview must be supervised by the Substitute Care Provider or OYA and take place in a designated area approved by the Substitute Care Provider and the Field Supervisor or designee.
(b) OYA may set reasonable limits for the length of the interview.
(c) Requests for Youth in Custody to participate in a recorded or live audience participation show generally will be denied. Exceptions may be made only if approved in advance by the OYA Communications Office and the Field Supervisor.
(d) Other program or staff access separate from the interview may be granted with the approval of the OYA Communications Office, Field Supervisor or designee, and Substitute Care Provider.
(5) Youth in Custody may not accept payment or remuneration for themselves or family members for agreeing to an interview or participating in a media-related activity.
(6) Youth in Custody may not use the news media or enter into agreements with the news media to pass along messages or otherwise communicate with their families, victims, or any person other than the general reading, viewing or listening audience. 
(7) Media Representatives may not accompany a visitor, attorney or others on a visit to a Youth in Custody in a Substitute Care Placement. Exceptions may be made by the OYA Communications Office and the Field Supervisor in extraordinary circumstances in their sole discretion. 
(8) Media Representatives may not attend depositions of Youth in Custody in Substitute Care Placement.
(9) Youth in Custody in the community outside of Substitute Care Placements may be interviewed or photographed in the community (e.g., while playing high school sports) without reference to their OYA involvement. No OYA approval is required.

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010
History:
OYA 5-2022, amend filed 09/06/2022, effective 09/06/2022
OYA 5-2010, f. 10-14-10, cert. ef. 10-25-10

416-060-0040
Access to Youth in Custody or OYA Facilities by Unaffiliated Persons

(1) Unaffiliated Persons may be granted a tour of a Facility or program in accordance with OAR 416-420-0020 (Tours).
(2) OYA may, at its sole discretion, grant Unaffiliated Persons access to Facilities and programs for a specific project when, in OYA’s judgment, the requested access will substantially further OYA’s mission and goals; and is consistent with the safe, secure and orderly management and operation of the Facility or Substitute Care Placement, and with the Youth in Custody’s treatment planning and reformation.

Statutory/Other Authority: ORS 420A.025
Statutes/Other Implemented: ORS 420A.010
History:
OYA 5-2022, amend filed 09/06/2022, effective 09/06/2022
OYA 5-2010, f. 10-14-10, cert. ef. 10-25-10