Current through Register Vol. 63, No. 9, September 1, 2024
(1) As part of an
initial or renewal application, a subject individual must submit requested fee
and provide all information required for a criminal records check, a child
abuse and neglect records check, a foster care certification check, and an
adult protective services check; including:
(a) A properly completed and signed
Application for Enrollment in the Department's Central Background Registry,
available from the agency;
(b) For
a subject individual who acknowledges criminal history, child abuse and neglect
history, foster care certification history, or adult protective services
history, an explanation of the history and any steps the subject individual has
taken to address the history;
(c)
Consent to the use of the subject individual's social security number or other
personally identifying information for criminal records checks, child abuse and
neglect records checks, foster care certification checks or adult protective
services checks, for identifying enrollees in the Central Background Registry,
for sharing information with other governmental agencies their contractors or
designees to verify child care licensing status for child care payments, and
for compiling statistical information for program planning and
evaluation;
(d) The information
required for the FBI criminal records check under OAR 414-061-0080;
(2) At the time of initial
application or renewal of enrollment in the Central Background Registry,
subject individuals shall attest on their application or renewal form:
(a) Whether they are a foster parent or have
ever been a foster parent, including but not limited to:
(A) Dates of participation in the foster care
program;
(B) Locations, including
street address, city, county and state, at which they provided foster care;
and
(C) Any negative foster care
history, including:
(i) Revocation, denial,
suspension, closure in lieu of legal action, or other loss of certification or
approval to operate a foster home or provide foster care; or
(ii) Any criminal or civil matters initiated
against the individual related to their foster care certification.
(b) Whether they have
adult protective services history, including but not limited to any record of a
substantiated finding of abuse or neglect of an adult:
(3) As part of the application process, the
subject individual shall, upon request from the Department, provide the
Department with an authorization sufficient to:
(a) Allow the Department to obtain records
and information regarding criminal records checks, child abuse and neglect
records, foster care certification history, or adult protective services
history; and
(b) Use those records
and information to for the purpose of evaluating whether the subject individual
is eligible for enrollment in the Central Background Registry.
(4) An application is incomplete
if it does not include all of the required information identified in
subsections (1), (2) or (3) of this rule.
(5) Applications must be accompanied by the
required fee unless the applicant is eligible for a waiver of the fee.
(a) Applications not accompanied by the
required fee are considered incomplete. Application fees are non-refundable,
unless the applicant is eligible for a waiver.
(b) Fees for enrollment or duplicate
enrollment in the Central Background Registry, Law Enforcement Data System
criminal records check, and FBI fingerprint check are waived for an employee or
volunteer of a private agency or organization that facilitates the provision of
respite care as described in ORS
329A.275(4).
(6) The Department shall provide
the applicant a reasonable time to cure an incomplete application, not to
exceed 30 days from the date the application was received by the Department.
The Department shall return the incomplete application to the
applicant.
Statutory/Other Authority: ORS
329A.030
Statutes/Other Implemented: ORS
329A.030 & HB2599
(2023)