Or. Admin. R. 413-140-0065

Current through Register Vol. 63, No. 6, June 1, 2024

Section 413-140-0065 - Background Checks for Consideration of Home Study Waiver

(1) Before the Department may approve a request for waiver of an adoption home study, the following background check requirements must be met:

(a) For a petitioner residing in Oregon, except as described in section (3) of this rule, each adopting petitioner and all adult members of the petitioner's household must provide documentation of required background checks as follows:

(A) A criminal history check from the Oregon State Police, using Form CF249g, Request for Oregon Criminal History Information; and

(B) When the petitioner has resided outside of Oregon for a period of more than sixty consecutive days in the last five years:

(i) A criminal history check from the Federal Bureau of Investigation (FBI); and

(ii) A child abuse and neglect registry check from an authorized agency of each state or country where the individual has lived in the preceding five years immediately prior to the petitioner's request to waive the adoption home study requirement.

(b) For a petitioner who is a resident of Oregon as defined in ORS 109.276(2) but is temporarily residing outside the state for a period of more than sixty consecutive days for purposes such as, but not limited to, military service, academics or vacation, except as described in section (3) of this rule, each petitioner and all adult members of the petitioner's household must provide documentation of required background checks as follows:

(A) A criminal history check from the FBI and an authorized agency of the state or country where the adopting petitioner currently resides and has lived in the preceding five years immediately prior to the filing of the petition; and

(B) A child abuse and neglect registry check from an authorized agency of each state or country where the adopting petitioner currently resides and has lived in the preceding five years immediately prior to the petitioner's request to waive the adoption home study requirement.

(c) For a petitioner who is not a resident of Oregon, except as described in section (3) of this rule, each adopting petitioner and all adult members of the petitioner's household must provide documentation of required background checks as follows:

(A) A criminal history check from the petitioner's current state of residence;

(B) A criminal history check from the FBI; and

(C) A child abuse and neglect registry check from an authorized agency of each state or country where the individual currently resides and has lived in the preceding five years immediately prior to the petitioner's request to waive the adoption home study requirement.

(2) The Department must conduct a check of the child abuse and neglect registry maintained by the Department for an Oregon resident.

(3) When a waiver of the adoption home study is requested, the biological or adoptive parent retaining rights is only exempt from submitting a criminal history clearance to the Department.

(4) Background checks may also be required for a household member under the age of 18 if there is reason to believe that the individual may pose a safety threat to children placed in the home.

(5) For the purpose of this rule, criminal background checks and child abuse and neglect registry checks are valid up to one year after completion. The Department may request updated background checks from the adopting petitioner at any time when making a determination regarding the waiver of a home study.

(6) The Department is not responsible for paying any fees associated with the application for, acquisition of, and provision of background checks.

Or. Admin. R. 413-140-0065

SOSCF 2-1998, f. & cert. ef. 1-28-98; SOSCF 50-2001, f. 12-31-01 cert. ef. 1-1-02; Renumbered from 413-140-0025, CWP 17-2006, f. 6-30-06, cert. ef. 7-1-06; CWP 15-2013, f. 12-31-13, cert. ef. 1-1-14; CWP 11-2022, amend filed 06/23/2022, effective 7/1/2022

Statutory/Other Authority: ORS 109.276, ORS 409.050 & ORS 418.005

Statutes/Other Implemented: ORS 418.005, ORS 109.276, ORS 181.534, ORS 181.537 & ORS 409.010