Oregon Administrative Rules
Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE
Division 61 - CENTRAL BACKGROUND REGISTRY
Section 414-061-0045 - Disqualifying Conditions for Enrollment
Universal Citation: OR Admin Rules 414-061-0045
Current through Register Vol. 63, No. 9, September 1, 2024
(1) A subject individual has a disqualifying condition and is ineligible for enrollment in the Central Background Registry if such individual:
(a) Refuses to consent to the Department's
criminal background check or required fingerprinting;
(b) Knowingly makes or has knowingly made a
materially false statement in connection with their application for initial
enrollment or renewal of their enrollment in the Central Background Registry,
including but not limited to the required criminal background check, or the
individual's records or history related to child abuse and neglect, foster
care, or adult protective services;
(c) Is registered, or is required to be
registered, on any State, tribal, or US territory sex offender registry or
repository or the National Sex Offender Registry; or
(d) Has been convicted of a felony or
misdemeanor consisting of:
(A) Aggravated
murder, murder, criminal homicide, aggravated vehicular homicide, or
manslaughter in the first degree as defined by ORS
163.005, ORS
163.095, ORS
163.115, ORS
163.118, or ORS
163.149;
(B) Child abuse or neglect, or other crimes
against children as defined by ORS
163.207, ORS
163.405, ORS
163.408, ORS163.432, ORS
163.433, ORS
163.435, ORS
163.525, ORS
163.535, ORS
163.537, ORS
163.545, ORS
163.547, ORS
163.555, ORS
163.575, ORS
163.670, ORS
163.684, ORS
163.686, ORS
163.687, ORS
163.688, or ORS
163.689;
(C) A crime involving rape, sexual assault,
sexual abuse, sodomy, sexual misconduct or other sexual offenses as defined by;
ORS 163.365, ORS
163.375, ORS
163.385, ORS
163.395, ORS
163.405, ORS
163.408, ORS
163.411, ORS
163.413, ORS
163.415, ORS
163.425, ORS
163.427,
163.445, ORS
163.452, or ORS
163.454, or any crime listed in
definition of sex crime in ORS
163A.005.
(D) Kidnapping or trafficking in persons as
defined by ORS 163.225, ORS
163.235 or ORS
163.266;
(E) Arson as defined in ORS
164.315 or ORS
164.325;
(F) Physical assault or battery as defined by
ORS 163.165, ORS
163.175, ORS
163.185, ORS
163.187; ORS
163.160(3)-(5);
or
(G) A drug-related offense under
ORS chapter 475 or 475B, or defined under 167.262, committed during the
preceding five years, that results in the conviction of the subject individual
of a Class A felony, Class B felony, Class C felony, or a Class A
Misdemeanor.
(H) Sexual assault of
an animal as defined in ORS
167.333
(2) These rules also apply to:
(a) A conviction of a crime in another
jurisdiction which is the substantial equivalent of a crime listed Section
1(d);
(b) An adjudication of guilt
by reason of insanity, of an act that is the substantial equivalent of a crime
listed in section 1(d);
(c) An
adjudication by a juvenile court that a youth has committed an act that is the
substantial equivalent of a crime listed in Section 1(d);
(d) Any attempts, conspiracies or
solicitations to commit any Felony or Misdemeanor crime listed in Section
1(d);
(e) A new crime, adopted by
the legislature following the most recent amendment of these rules, which is
the substantial equivalent of any crimes listed in Section 1(d);
(f) Any crime that is no longer codified in
Oregon, but which is the substantial equivalent of any of the crimes listed in
Section 1(d).
Statutory/Other Authority: ORS 329A.030
Statutes/Other Implemented: ORS 329A.030
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