Or. Admin. R. 414-061-0070 - Procedures for Conducting Criminal Records Checks, Child Abuse and Neglect Records Checks, Foster Care Certification Checks and Adult Protective Services Checks
(1) The Department
shall perform a criminal records check, child abuse and neglect records check,
foster care certification check, and adult protective services check on all
subject individuals who:
(a) Are currently
enrolled in the Central Background Registry as of January 1, 2017; or
(b) Submit an initial or renewal application
for enrollment in the Department's Central Background Registry after January 1,
2017
(2) Subject
individuals shall consent to being fingerprinted, and complete all requirements
of OAR 414-061-0035.
(3) Other
state or jurisdiction records checks
(a) In
order to ensure the health and safety of children, the Department may require a
subject individual who is enrolled or conditionally enrolled in the Central
Background Registry to provide the Department with the following information or
documents upon request:
(A) Authorization to
complete a criminal records check, a child abuse and neglect records check, a
foster care records check, or an adult protective services records check, in
any state or jurisdiction; and
(B)
Other documents or information necessary to complete a criminal records check,
a child abuse and neglect records check, a foster care records check, or an
adult protective services records check, in any state or
jurisdiction.
(b) The
requested items or information must be provided to the Department within 30
days of the date the Department issues the request.
(c) If the person fails to timely provide the
requested authorization, documents, or necessary information, the Department
shall:
(A) If the individual is conditionally
enrolled in the Central Background Registry the agency shall remove the
conditional enrollment and cease processing the individual's application for
enrollment or renewal.
(B) If the
individual is enrolled in the Central Background Registry the Department shall
commence action to remove the person from the registry as provided in OAR
414-061-0110.
(4) Central Background Registry enrollment
forms shall contain notice that a criminal records check, a child abuse and
neglect records check, a foster care certification check and a check of adult
protective services will be conducted as required by ORS
181A.195 and
329A.030.
(5) The Department will review the criminal
records information, child abuse and neglect, foster care and substantiated
adult abuse or neglect records information, and any additional relevant
information and will make a determination whether a subject individual may be
enrolled in the Central Background Registry.
(6) The Department may accept FBI criminal
background checks performed by the Department of Human Services when the FBI
criminal background check has been completed within 24 months of the of the
application date for enrollment in the central background registry
(7) Fees for each name checked through OSP
CCH and child abuse and neglect systems are as follows:
(a) No charge for designated Department
employees; and
(b) The Department
will charge the subject individual up to the amount equal to the cost incurred
by the Department for criminal record checks and child abuse and neglect checks
and enrollment in the Central Background Registry, to be paid at the time of
application.
Notes
Forms referenced in this rule are available from the agency.
Statutory/Other Authority: ORS 329A.030(7)
Statutes/Other Implemented: ORS 329A.030
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(1) CCLD shall perform a criminal records check, child abuse and neglect records check, foster care certification check, and adult protective services check on all subject individuals who:
(a) Are currently enrolled in the Central Background Registry as of January 1, 2017; or
(b) Submit an initial or renewal application for enrollment in the Child Care Licensing Division's Central Background Registry after January 1, 2017
(2) Subject individuals shall consent to being fingerprinted, and complete all requirements of OAR 414-061-0035.
(3) Other state or jurisdiction records checks
(a) In order to ensure the health and safety of children, CCLD may require a subject individual who is enrolled or conditionally enrolled in the Central Background Registry to provide CCLD with the following information or documents upon request:
(A) Authorization to complete a criminal records check, a child abuse and neglect records check, a foster care records check, or an adult protective services records check, in any state or jurisdiction; and
(B) Other documents or information necessary to complete a criminal records check, a child abuse and neglect records check, a foster care records check, or an adult protective services records check, in any state or jurisdiction.
(b) The requested items or information must be provided to CCLD within 30 days of the date CCLD issues the request.
(c) If the person fails to timely provide the requested authorization, documents, or necessary information, the Child Care Licensing Division shall:
(A) If the individual is conditionally enrolled in the Central Background Registry the agency shall remove the conditional enrollment and cease processing the individual's application for enrollment or renewal.
(B) If the individual is enrolled in the Central Background Registry the Child Care Licensing Division shall commence action to remove the person from the registry as provided in OAR 414-061-0110.
(4) Central Background Registry enrollment forms shall contain notice that a criminal records check, a child abuse and neglect records check, a foster care certification check and a check of adult protective services will be conducted as required by ORS 181A.195 and 329A.030.
(5) CCLD will review the criminal records information, child abuse and neglect, foster care and substantiated adult abuse or neglect records information, and any additional relevant information and will make a determination whether a subject individual may be enrolled in the Central Background Registry.
(6) CCLD may accept FBI criminal background checks performed by the Department of Human Services when the FBI criminal background check has been completed within 24 months of the of the application date for enrollment in the central background registry
(7) Fees for each name checked through OSP CCH and child abuse and neglect systems are as follows:
(a) No charge for designated Department of Early Learning and Care employees; and
(b) CCLD will charge the subject individual up to the amount equal to the cost incurred by CCLD for criminal record checks and child abuse and neglect checks and enrollment in the Central Background Registry, to be paid at the time of application.
Notes
Forms referenced in this rule are available from the agency.
Statutory/Other Authority: ORS 329A.030(7)
Statutes/Other Implemented: ORS 329A.030