Or. Admin. Code § 414-061-0070

Current through Register Vol. 63, No. 10, October 1, 2024

Section 414-061-0070 - Procedures for Conducting Criminal Records Checks, Child Abuse and Neglect Records Checks, Foster Care Certification Checks and Adult Protective Services Checks

(1) The Department shall perform a criminal records check, child abuse and neglect records check, foster care certification check, and adult protective services check on all subject individuals who:

(a) Are currently enrolled in the Central Background Registry as of January 1, 2017; or

(b) Submit an initial or renewal application for enrollment in the Department's Central Background Registry after January 1, 2017

(2) Subject individuals shall consent to being fingerprinted, and complete all requirements of OAR 414-061-0035.

(3) Other state or jurisdiction records checks

(a) In order to ensure the health and safety of children, the Department may require a subject individual who is enrolled or conditionally enrolled in the Central Background Registry to provide the Department with the following information or documents upon request:

(A) Authorization to complete a criminal records check, a child abuse and neglect records check, a foster care records check, or an adult protective services records check, in any state or jurisdiction; and

(B) Other documents or information necessary to complete a criminal records check, a child abuse and neglect records check, a foster care records check, or an adult protective services records check, in any state or jurisdiction.

(b) The requested items or information must be provided to the Department within 30 days of the date the Department issues the request.

(c) If the person fails to timely provide the requested authorization, documents, or necessary information, the Department shall:

(A) If the individual is conditionally enrolled in the Central Background Registry the agency shall remove the conditional enrollment and cease processing the individual's application for enrollment or renewal.

(B) If the individual is enrolled in the Central Background Registry the Department shall commence action to remove the person from the registry as provided in OAR 414-061-0110.

(4) Central Background Registry enrollment forms shall contain notice that a criminal records check, a child abuse and neglect records check, a foster care certification check and a check of adult protective services will be conducted as required by ORS 181A.195 and 329A.030.

(5) The Department will review the criminal records information, child abuse and neglect, foster care and substantiated adult abuse or neglect records information, and any additional relevant information and will make a determination whether a subject individual may be enrolled in the Central Background Registry.

(6) The Department may accept FBI criminal background checks performed by the Department of Human Services when the FBI criminal background check has been completed within 24 months of the of the application date for enrollment in the central background registry

(7) Fees for each name checked through OSP CCH and child abuse and neglect systems are as follows:

(a) No charge for designated Department employees; and

(b) The Department will charge the subject individual up to the amount equal to the cost incurred by the Department for criminal record checks and child abuse and neglect checks and enrollment in the Central Background Registry, to be paid at the time of application.

Or. Admin. Code § 414-061-0070

CCD 1-1998, f. 9-30-98, cert. ef. 10-1-98; CCD 2-2003, f. 12-5-03 cert. ef. 12-7-03; CCD 1-2006(Temp), f. & cert. ef. 3-16-06 thru 9-12-06; CCD 4-2006, f. 7-13-06, cert. ef. 7-14-06; CCD 1-2009(Temp), f. 12-30-09, cert. ef. 1-1-10 thru 6-30-10; CCD 1-2010, f. 6-29-10, cert. ef. 7-1-10; ELD 3-2015, f. & cert. ef. 2/3/2015; ELD 3-2018, amend filed 02/08/2018, effective 9/30/2018; ELD 15-2019, temporary amend filed 05/30/2019, effective 5/30/2019 through 11/25/2019; ELD 18-2019, amend filed 08/13/2019, effective 8/13/2019; ELD 17-2022, minor correction filed 10/04/2022, effective 10/4/2022; DELC 12-2023, temporary amend filed 09/28/2023, effective 9/28/2023 through 3/25/2024; DELC 13-2024, amend filed 02/28/2024, effective 2/28/2024

Forms referenced in this rule are available from the agency.

Statutory/Other Authority: ORS 329A.030(7)

Statutes/Other Implemented: ORS 329A.030