Current through Register Vol. 63, No. 3, March 1, 2024
(1) For purposes of criminal records checks,
including fingerprint-based criminal records checks, and child abuse and
neglect records checks, foster care or adult protective services checks,
"Subject Individual" means a person who is or applies to be:
(a) The owner, operator or an employee or
volunteer of a certified, registered or otherwise regulated facility caring for
children that is subject to the jurisdiction of the Department;
(b) The operator or an employee of an Oregon
pre-kindergarten program or parent-as-teacher program under ORS
329.170 to
329.200;
(c) The operator or an employee of a federal
Head Start Program regulated by the United States Department of Health and
Human Services;
(d) A designated
employee or a contractor with the Department;
(e) A contractor or an employee of the
contractor who provides early childhood special education or early intervention
services pursuant to ORS
343.455 to
343.534 and is not subject to
the criminal records check requirements of ORS
326.603 or ORS
326.223;
(f) A child care provider who is required to
be enrolled in the Central Background Registry by any state agency.
(g) A designated contractor, employee or
volunteer of a Metro Service District.
(h) A provider of respite services as defined
in ORS 418.205 for parents pursuant to
a properly executed power of attorney under ORS
109.056.
(k) On or after July 1, 2025, and beginning
September 1, 2022 through June 30, 2025 unless holding an unexpired ODHS
Background Check:
(A) An individual who
operates or plans to operate a subsidized care facility;
(B) An individual who has attained 18 years
of age and is a household member in a subsidized care facility;
(C) An individual in a subsidized care
facility who has attained 18 years of age and who may have unsupervised contact
with children;
(l) On or
after January 1, 2023, and on or after September 1, 2022 through December 31,
2022 if the individual submits an application for enrollment, the operator or
an employee of a preschool recorded program or a school-age recorded
program
(2) An
individual in any of the above facilities or programs who may have unsupervised
contact with children is also a subject individual. This includes but is not
limited to permanent or temporary residents in the home or facility or persons
visiting on a regular basis.
