Current through Register Vol. 63, No. 9, September 1, 2024
(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.
Statutory/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
