Current through Register Vol. 63, No. 9, September 1, 2024
(1) If the Department
determines that a subject individual cannot be certified or
based on a negative fitness determination, unless the
subject individual voluntarily withdraws from the process, the
Department must notify the subject individual in writing that
the subject individual:
(a)
Has a right to inspect and challenge their Oregon criminal offender information
through OSP procedures as adopted per ORS
181.555(3)
and OAR 257-010-0035;257-010-0035;
(b) May challenge the accuracy or
completeness of any entry on the subject individual's criminal records provided
by the FBI by filing a challenge with the FBI's Criminal Justice Information
Services Division; and
(c) May
appeal the Department's determination of unfitness or indicate an intent to
challenge information in the OSP or FBI report by requesting a
contested case hearing pursuant to ORS chapter 183 and OAR
413-010-0500 to 413-010-0535 provided that the hearing request is postmarked or
the Department receives the request within 30 days from the date of mailing the
notice.
(2) Upon the
determination of the Department that an applicant to become a
certified resource family, or a potential
adoptive resource of a child in the custody
of the Department cannot be approved due to the denial of a member of
the household, the certifier or adoption worker must inform:
(a) The member of the
household, who was denied, of the right to inspect and challenge the
subject individual's Oregon criminal offender information through OSP
procedures as adopted per ORS
181A.230(3)
and OAR 257-010-0035 and the person's rights under ORS
181A.240
(b) The member of the
household, who was denied, of the right to challenge the accuracy or
completeness of any entry on the subject individual's criminal records provided
by the FBI by filing a challenge with the FBI's Criminal Justice Information
Services Division; and
(c) The
applicant whose approval is affected by the denial of
the
member of the household, in writing, that:
(A) Based on the member of the household's
denial, the Department may not certify or approve the
applicant as long as the other person in the household remains
in the home or provides care to a child or young
adult in the home; and
(B)
The applicant may appeal in a contested case hearing the
Department's denial, provided that the hearing request is postmarked or the
Department receives the request within 30 days from the date of mailing the
notice.
(3)
Child Welfare Policy I-A.5.2, "Contested Case Hearings", OAR 413-010-0500 to
413-010-0535 describes the requirements and process for requesting a
contested case hearing due to the denial or revocation of a
Certificate of Approval or a denial of approval to be an adoptive
resource, including denials based on the criminal history, or false
statement with regard to criminal history, of an applicant or other
person in the household.
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
