Or. Admin. Code § 413-015-1100

Current through Register Vol. 63, No. 12, December 1, 2024

Section 413-015-1100 - Access to Law Enforcement Data System Information (LEDS)

(1) ORS 418.005 provides that, in order to establish, extend, and strengthen welfare services for the protection and care of dependent or neglected children, the Department may make all necessary rules and regulations for administering child welfare services. Among other duties outlined by ORS 409.010, Child Welfare is responsible for the delivery and administration of programs and services relating to children and families, including child protective services and foster care. ORS 419B.020 provides that, upon receipt of a report of child abuse, Child Welfare or a law enforcement agency is required to immediately cause an investigation to be made to determine the nature and cause of the abuse. In addition, ORS 418.640 requires Child Welfare to adopt rules it deems necessary or advisable to protect the best interests of children in foster homes. Finally, ORS 181.537 authorizes Child Welfare to conduct criminal records checks on subject individuals, as defined by Child Welfare, if deemed necessary by Child Welfare.

(2) Child Welfare has determined that, in order to protect children from abuse and to protect the best interests of children in foster homes, it is necessary for Child Welfare to perform criminal records checks on subject individuals when Child Welfare is conducting a child protective services assessment, has an open child welfare case, or determines that emergency resource home certification decisions must be made.

CWP 1-2005(Temp), f. & cert. ef. 1-28-05 thru 7-27-05; CWP 8-2005, f. & cert. ef. 7-28-05; CWP 24-2017, temporary amend filed 12/29/2017, effective 01/01/2018 through 06/29/2018; CWP 51-2018, amend filed 06/29/2018, effective 6/29/2018; CWP 93-2018, minor correction filed 07/09/2018, effective 7/9/2018; CWP 10-2022, amend filed 06/23/2022, effective 7/1/2022; CWP 82-2023, minor correction filed 08/30/2023, effective 8/30/2023

Statutory/Other Authority: ORS 181.537, ORS 409.050, ORS 418.005, ORS 419B.020 & ORS 418.640

Statutes/Other Implemented: ORS 418.005, ORS 181.537, ORS 409.010 & ORS 419B.020