Or. Admin. R. 413-120-0440
Current through Register Vol. 63, No. 6, June 1, 2024
Section 413-120-0440 - Circumstances in Which a Criminal Records Check Must Occur and Types of Records Checks Required(1) The Department must complete a criminal records check through the Law Enforcement Database System (LEDS) and a fingerprint-based criminal records check of national crime information databases by the Federal Bureau of Investigation (FBI) on the following subject individuals:(a) An applicant seeking initial approval as a certified resource family;(b) An applicant seeking approval as a potential adoptive resource;(c) An adult member of the household of an applicant to become a certified resource family or potential adoptive resource, except:(A) A temporary certificate of approval under OAR 413-200-0275 is allowed after assessing the LEDS results but prior to receiving the FBI results.(B) A young adult in the care or custody of the Department is not required to have a criminal records check.(C) A member of the household who turns 18 after the issuance of a Certificate of Approval or Child Specific Certificate of Approval is not required to have a criminal records check until the certified resource family is being assessed for renewal of certification.(D) A member of the household of a potential adoptive resource who turns 18 does not need a FBI fingerprint- based check until the previously approved adoption home study is being amended or updated.(d) A potential respite provider or child care provider, not otherwise licensed, listed or approved by a state or county entity with child care licensing authority.(A) A respite or child care provider not otherwise licensed, listed or approved by a state or county entity with child care licensing authority, may be approved on a temporary basis after assessing LEDS results, but prior to receiving the FBI results, with an approval by the child welfare program manager or designee, documented on the form approved by the Department.(B) A currently certified resource parentwho is a potential respite or child care provider is exempt from criminal background check requirements in this rule.(e) Any subject individual who has lived outside of Oregon for more than 60 consecutive days after their last criminal records check.(f) A subject individual previously approved as a respite provider or as a member of the household must undergo a new criminal records check and fitness determination, including a fingerprint-based check of records maintained by FBI, when applying to adopt a child or to be a certified resource parent or certified relative resource parent.(2) The Department must complete a criminal records check through LEDS on the following subject individuals:(a) An applicant for renewal of certification(b) An adult member of the household, a respite provider, or a child care provider of a certified resource family applying for renewal of certification, who previously had a fingerprint-based FBI background check under OAR 413-120-0400 to OAR 413-120-0475.(c) A potential adoptive resource when a previously approved adoption home study is being amended or updated within the 12 months prior to an adoption placement selection as required by OAR 413-120-0246.(3) Notwithstanding subsection 1, a subject individual otherwise required to complete a fingerprint-based FBI background check who the Department determines is unable to submit fingerprints due to a physical or mental condition that makes compliance unreasonable to the subject individual may be exempted from the fingerprint requirement with a Child Welfare Program Manager approval. (a) The approval for the exemption from the fingerprint based criminal history check must be reviewed at each renewal assessment process.(b) The subject individual approved for the exemption must obtain a fingerprint-based FBI background check if circumstances have changed and the individual is able to submit fingerprints.(4) "Notwithstanding sections (1) and (2) of this rule, if deemed necessary by the Department, the Department may require a criminal records check through LEDS to protect child safety, and a fingerprint-based FBI background check on an individual with direct access to a child or young adult."(5) A criminal records check under OAR 413-120-0400 to 413-120-0475 may include a review of other criminal records information.(6) When it is determined that a previously approved subject individual has new or previously unknown criminal history, the Department must complete a criminal records check through the LEDS and, if appropriate, complete a fingerprint-based FBI background check of national crime information databases and conduct a new fitness determination if applicable. (a) Following the discovery of previously unknown criminal history, and pending a new fitness determination, the Department may permit a subject individual to continue to function in the capacity for which the individual was previously approved.(b) Pending the completion of the fitness determination, approval of the continued placement of a child or young adult must be made by the Child Welfare Program Manager within 24 hours of the discovery of the new information.(7) A subject's juvenile record is not a criminal record for the purposes of OAR 413-120-0400 to 413-120-0475.(8) A subject individual may not be denied under these rules for adult criminal records which have been expunged or set aside.Or. Admin. R. 413-120-0440
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 4-1999, f. & cert. ef. 3-22-99; SOSCF 23-2001, f. 6-29-01, cert. ef. 7-1-01; SOSCF 11-2002(Temp), f. & cert. ef. 9-13-02 thru 3-12-03; CWP 21-2003, f. & cert. ef. 3-13-03; CWP 1-2005(Temp), f. & cert. ef. 1-28-05 thru 7-27-05; CWP 8-2005, f. & cert. ef. 7-28-05; CWP 31-2007(Temp), f. 12-31-07, cert. ef. 1-1-08 thru 6-27-08; CWP 3-2008, f. & cert. ef. 5-15-08; CWP 22-2008(Temp), f. & cert. ef. 10-1-08 thru 3-30-09; CWP 1-2009, f. & cert. ef. 2-2-09; CWP 3-2012, f. & cert. ef. 6-26-12; CWP 28-2021, amend filed 11/29/2021, effective 12/1/2021; CWP 15-2022, amend filed 06/23/2022, effective 6/29/2022Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.016 & ORS 181A.195
Statutes/Other Implemented: ORS 418.005, ORS 418.016, ORS 181A.200, ORS 409.010 & ORS 181A.010 - 181A.245