Oregon Administrative Rules
Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES
Division 49 - ADULT FOSTER HOMES FOR OLDER ADULTS OR ADULTS WITH PHYSICAL DISABILITIES - PURPOSE, DEFINITIONS, AND LICENSURE
Section 411-049-0120 - Background Check
Current through Register Vol. 63, No. 3, March 1, 2024
(1) All subject individuals (SI) must have an approved background check, which for non-licensees or non-licensee applicants, may include an approved preliminary fitness determination, prior to operating, working in, training in, or living in an AFH.
(2) The background check may not to be used as a screening tool for hiring. New employees may be offered a position contingent upon passing the background check.
(3) A new background check must be completed:
(4) If the SI is approved and in good standing on the Background Check Unit's registry pursuant to OAR 407-007-0600 to 407-007-0640, two-year renewals and changes in position may be handled through the registry.
(5) An SI may be hired on a preliminary basis following completion of a preliminary fitness determination according to the background check rules. An SI who is hired on a preliminary basis shall be actively supervised at all times they are on duty by a qualified caregiver who has been approved without restrictions. Active supervision means a qualified caregiver must:
(6) PORTABILITY OF BACKGROUND CHECK APPROVAL. A subject individual may be approved to work in multiple homes in Oregon only when the subject individual is working in the same employment position.
(7) On or after July 28, 2009, no licensee, licensee applicant, or employee of the licensee who has been convicted of any of the disqualifying crimes listed in OAR 407-007-0275 shall be approved by the Department to provide care and services in an AFH. This rule does not apply to:
(8) All subject individuals must self-report to the licensee any:
(9) The Department must provide for the expedited completion of a background check for the state of Oregon when requested by a licensee or administrator because of a demonstrated immediate staffing need. When a background check requires fingerprints or a weigh test, an expedited check may not be conducted until all required information is submitted, according to the background check rules.
(10) If a licensee's background check is denied by the Department, the licensee may continue to operate and work in the home pending potential appeal and a final order, except as stated in (11) of this rule.
(11) The Department may take immediate action if there is reason to believe any resident's health, safety, or welfare is at risk. Such action may include, but is not limited to, conditions on the license or suspension of the license. If the final order upholds the Department's decision to deny the background check, the Department shall pursue the denial, revocation, non-renewal, or suspension of the AFH license.
Statutory/Other Authority: ORS 181A.200, 409.050, 410.070, 413.085, 443.001, 443.004 & 443.730, 443.735, 443.767, 443.775, 443.790
Statutes/Other Implemented: ORS 181A.200, 409.050, 410.070, 413.085, 443.001 - 443.004 & 443.705 - 443.825, 443.875, 443.991