justicedao/ipfs_state_laws huggingface dataset:
407-007-0318 Approval for “Family First” Subject Individuals (1) Approval in this rule applies to the background check process for certain employees of a child caring agency which is subject to the federal 2018 Family First Prevention Services Act and receives title IV-E funds. Specifically, this rule applies to an SI who: (a) Is an employee of a child caring agency licensed by ODHS Child Welfare, OAR Chapter 419; (b) Resided outside of Oregon for 60 or more consecutive days during the previous five years requiring a check of child abuse and neglect registries from states other than Oregon. (2) An SI is eligible for an Approval if all the following conditions are met: (a) The QED has submitted the background check to BCU. (b) The SI has submitted fingerprint capture and the fingerprint criminal records check has been completed and the results have been returned to BCU; (c) Requested documentation required for the out of state child abuse check has been completed by the SI and BCU, and BCU has submitted the documentation to the state for the abuse check; and (d) Based on all the information currently available to BCU on the SI’s Oregon and national criminal records check and Oregon adult and child abuse checks, the final fitness determination appears to be “approved” in accordance with OAR 407-007-0320. (3) Should BCU at any time after an Approval receive a negative finding response from a request to another state made in section (2) of this rule, BCU must either: (a) Rescind the Approval and continue with the background check process which may include gathering further information and conducting a weighing test pursuant to OAR 407-007-0300. (b) Notify the QE that a new background check is required. Statutory/Other Authority: ORS 181A.200, 409.027 & 409.050 Statutes/Other Implemented: ORS 181A.200, 181A.195, 409.027 & 409.010 History: DHS 1-2023, amend filed 01/27/2023, effective 02/01/2023 DHS 24-2021, amend filed 12/15/2021, effective 12/17/2021 DHSD 7-2020, adopt filed 08/03/2020, effective 08/03/2020
407-007-0350 Immunity from Liability (1) The Department, the Authority, and the QE, acting within the course and scope of employment, have immunity from any civil liability that might otherwise be incurred or imposed for determining, in accordance with ORS 181A.200, that an SI is fit or not fit to hold a position, provide services, or be employed, licensed, certified, or registered. (2) The Department, and Authority, and the QE, acting within the course and scope of employment, and an employer or employer’s agent are not liable for the failure to hire a prospective employee or the decision to discharge an employee on the basis of a fitness determination or closed case if they in good faith comply with: (a) ORS 181A.200 and ORS 409.027; and (b) The decision of the QE or employee of the QE acting within the course and scope of employment. (3) No employee of the state, a business, or an organization, acting within the course or scope of employment, is liable for defamation, invasion of privacy, negligence, or any other civil claim in connection with the lawful dissemination of information lawfully obtained under ORS 181A.200. Statutory/Other Authority: ORS 181A.200, 409.027 & 409.050 Statutes/Other Implemented: ORS 181A.195, 181A.200, 409.010, 409.027 & 443.004 History: DHSD 5-2016, f. 6-10-16, cert. ef. 6-15-16 DHSD 1-2016(Temp), f. & cert. ef. 1-14-16 thru 7-11-16 DHSD 2-2014, f. & cert. ef. 12-1-14 DHSD 4-2012, f. & cert. ef. 8-1-12 DHSD 2-2012(Temp), f. & cert. ef. 2-27-12 thru 8-24-12 DHSD 8-2011, f. 10-28-11, cert. ef. 11-1-11 DHSD 7-2011(Temp), f. & cert. ef. 10-12-11 thru 11-1-11 DHSD 1-2011(Temp), f. & cert. ef. 4-15-11 thru 10-11-11 DHSD 10-2009, f. 12-31-09, cert. ef. 1-1-10 DHSD 7-2009, f. & cert. ef. 10-1-09 DHSD 2-2009, f. & cert. ef. 4-1-09 DHSD 10-2008, f. 12-26-08, cert. ef. 1-1-09 DHSD 8-2007, f. 8-31-07, cert. ef. 9-1-07, Renumbered from 410-007-0350 OMAP 22-2005, f. & cert. ef. 3-29-05 OMAP 8-2004, f. 2-26-04, cert. ef. 3-1-04
407-007-0370 Variances (1) The Department and Authority may consider variance requests regarding these rules. (a) The outcomes of a fitness determination made pursuant to these rules is not subject to variance. Challenges to fitness determinations may only be made by SIs through contested case hearing rights set forth in these rules. (b) Neither the Department nor the Authority may grant variances to ORS 181A.195 and 181A.200. (2) The Department or Authority may grant a variance to any section of these rules based upon a demonstration by the QE that the variance would not pose a significant risk to physical, emotional, or financial well-being of vulnerable individuals. (3) The QE requesting a variance must submit, in writing, an application to the BCU that contains: (a) The section of the rule from which the variance is sought; (b) The reason for the proposed variance; (c) The alternative practice, service, method, concept, or procedure proposed; (d) A plan and timetable for compliance with the section of the rule from which the variance is sought; and (e) An explanation on how the welfare, health, or safety of individuals receiving care will be ensured during the time the variance is in effect. (4) The Assistant Director or designee for the Department and Authority’s Shared Services, Office of Human Resources shall approve or deny the request for a variance. (5) BCU shall notify the QE of the decision within 60 calendar days of the receipt of the request and shall provide a copy to other relevant Department or Authority program offices. (6) Appeal of the denial of a variance request must be made in writing to the Department or Authority’s Director, whose decision is final. (7) The Department or Authority shall determine the duration of the variance. (8) The QE may implement a variance only after receipt of written approval from BCU. (9) Granting a variance does not set a precedent that must be followed by the Department or Authority when evaluating subsequent variance requests. Statutory/Other Authority: ORS 181A.200 & 409.050 Statutes/Other Implemented: ORS 181A.195, 181A.200 & 409.010 History: DHSD 5-2016, f. 6-10-16, cert. ef. 6-15-16 DHSD 1-2016(Temp), f. & cert. ef. 1-14-16 thru 7-11-16 DHSD 4-2012, f. & cert. ef. 8-1-12 DHSD 2-2012(Temp), f. & cert. ef. 2-27-12 thru 8-24-12 DHSD 8-2011, f. 10-28-11, cert. ef. 11-1-11 DHSD 10-2009, f. 12-31-09, cert. ef. 1-1-10 DHSD 7-2009, f. & cert. ef. 10-1-09 DHSD 10-2008, f. 12-26-08, cert. ef. 1-1-09 Renumbered from 410-007-0370, DHSD 8-2007, f. 8-31-07, cert. ef. 9-1-07 OMAP 22-2005, f. & cert. ef. 3-29-05 OMAP 8-2004, f. 2-26-04, cert. ef. 3-1-04
407-007-0400 Purpose (1) The purpose of these rules, OAR 407-007-0400 to 407-007-0460, is to provide for the abuse check of Department of Human Services (Department) employees, volunteers, certain contractors, or individuals offered employment or placement by the Department to determine if they are fit to provide care. (2) The abuse check process is separate from the criminal records checks that may be performed under OAR 407-007-0000 to 407-007-0100 however criminal records checks may occur concurrently with abuse checks performed under these rules and may share similar processes. Statutory/Other Authority: ORS 409.027 & 409.050 Statutes/Other Implemented: ORS 409.027 & 409.050 History: DHSD 15-2017, amend filed 11/29/2017, effective 12/01/2017 Reverted to DHSD 2-2010, f. & cert. ef. 3-29-10 Suspended by DHSD 2-2016(Temp), f. & cert. ef.1-14-16 thru 7-11-16 DHSD 2-2010, f. & cert. ef. 3-29-10 DHSD 8-2009(Temp), f. & cert. ef. 10-1-09 thru 3-29-10
407-007-0420 Reporting Abuse Allegations Required (1) This rule applies to any SI who is: (a) A current Department employee; (b) A current Department volunteer; or (c) An individual seeking Department employment or volunteer placement, who has been offered Department employment or volunteer placement, pending the completion of the abuse check process. (d) An employee of any contractor in any of the following: (A) A State-operated or Authority-contracted secure residential treatment facility; (B) A State-operated residential training home within SACU; (C) Oregon State Hospital. (2) An SI shall notify the Office of Human Resources within five calendar days of being notified that he or she has been identified as an alleged perpetrator, reported perpetrator, or accused person in an abuse investigation. Statutory/Other Authority: ORS 409.027 & 409.050 Statutes/Other Implemented: ORS 409.027 & 409.050 History: DHSD 10-2018, amend filed 06/29/2018, effective 06/29/2018 DHSD 16-2017, temporary amend filed 12/27/2017, effective 01/01/2018 through 06/29/2018 DHSD 15-2017, amend filed 11/29/2017, effective 12/01/2017 DHSD 2-2010, f. & cert. ef. 3-29-10 DHSD 8-2009(Temp), f. & cert. ef. 10-1-09 thru 3-29-10
407-007-0440 Current Employees of the Department (1) This rule applies to any SI who is a current Department employee. (2) If an SI is identified as an alleged perpetrator, reported perpetrator, or accused person in an abuse investigation, all relevant abuse investigation and licensing rules shall apply. (3) The Department shall apply relevant program administrative due process policies if the SI is identified as responsible in a founded or substantiated abuse investigation. (4) If a current SI is identified as an alleged perpetrator, reported perpetrator, or accused person in an abuse investigation, the Office of Human Resources may initiate an investigation during or following the investigation of the alleged abuse to determine whether to take any action, up to and including dismissal from employment. (a) If the abuse investigation results in potentially disqualifying abuse, the Office of Human Resources shall initiate an investigation which may include initiating a new abuse check and conducting a weighing test as described in OAR 407-007-0430. The purpose of the investigation is to determine whether any action, up to and including dismissal, is justified. (b) If the Office of Human Resources learns of potentially disqualifying abuse from previous investigations, the Office of Human Resources may initiate an investigation, to determine fitness for the position, which may include initiating a new abuse check and conducting a weighing test as described in OAR 407-007-0430. The purpose of the investigation is to determine whether any action, up to and including dismissal is justified. (c) For Department employees, if disciplinary action up to and including dismissal, is appropriate, the action shall be taken in accordance with: (A) Relevant collective bargaining agreements; (B) Statutory provisions for unrepresented or management services employees; or (C) Relevant Department or statewide policies or procedures. (5) A pending related action, such as a civil, criminal, juvenile, or administrative proceeding in which the allegations of abuse are at issue shall not automatically be grounds for the SI to seek to detain or stay either the review of the founded or substantiated disposition or any resulting disciplinary action. The Department may detain or stay either the review of the founded or substantiated abuse disposition or any resulting disciplinary action based on the pending related action such as a civil, criminal, juvenile, or administrative proceeding in which the allegations of abuse are at issue. Statutory/Other Authority: ORS 409.027 & 409.050 Statutes/Other Implemented: ORS 409.027 & 409.050 History: DHSD 15-2017, amend filed 11/29/2017, effective 12/01/2017 DHSD 2-2010, f. & cert. ef. 3-29-10 DHSD 1-2010(Temp), f. & cert. ef. 1-8-10 thru 3-29-10 DHSD 8-2009(Temp), f. & cert. ef. 10-1-09 thru 3-29-10
407-007-0445 Employees Who Apply or Are Hired at SACU after 1/1/2018 (1) This rule applies to an SI who is: (a) Hired after 1/1/2018 at SACU; or (b) Seeking Department employment to work at SACU after 1/1/2018. (2) If the Department determines that an SI has abuse that meets all the following criteria, the Department may not hire or retain the SI to work in SACU: (a) The abuse investigation resulted in an outcome of substantiated on or after 1/1/2018. (b) The abuse meets definitions in ORS 430.735 and is one of the following types: (A) Any physical injury caused by other than natural or accidental means, or that appears to be at variance with the explanation given of the injury. (B) Willful infliction of physical pain or injury. (C) Sexual abuse. (D) Neglect, specifically the withholding of services necessary to maintain the health and well-being of an adult which leads to physical harm of an adult. (E) Financial exploitation, specifically: (i) Wrongfully taking the assets, funds or property belonging to or intended for the use of a person with a developmental disability; or (ii) Misappropriating, misusing or transferring without authorization any money from any account held jointly or singly by a person with a developmental disability; (F) Any death caused by other than natural or accidental means. (c) During the investigation, the investigator provided notice of the allegation to the SI (as the alleged perpetrator, reported perpetrator, respondent, or accused person) and offered the SI the opportunity to participate in the investigation. (d) The investigation results in an outcome of substantiated, finding the SI to be responsible for the abuse. (e) The Department provided written notice of the outcome of the investigation to the SI, including an explanation of any due process rights. (f) The period of time for the Department’s due process has been completed resulting in a final order of substantiated abuse. (3) The SI is not eligible for a fitness determination with a weighing test under ORS 181A.195 or OAR 407-007-0430 regardless of any other potentially disqualifying abuse the SI has. The Department must find the SI ineligible due to OAR 407-007-0445. The SI has no hearing rights regarding employment if found ineligible due to OAR 407-007-0445. The Department shall provide written notice to the SI at the address provided by the SI. (4) If the abuse does not meet all the requirements in section (2), then OAR 407-007-0430 or OAR 407-007-0440 apply. Statutory/Other Authority: ORS 409.027 & 409.050; Or Law 2017 ch 378 Statutes/Other Implemented: ORS 409.027 & 409.050 & Or Law 2017- ch 378 History: DHSD 10-2018, adopt filed 06/29/2018, effective 06/29/2018 DHSD 16-2017, temporary adopt filed 12/27/2017, effective 01/01/2018 through 06/29/2018
407-007-0450 Current Volunteers of the Department (1) This rule applies to any SI who is a current Department volunteer. (2) If an SI is identified as an alleged perpetrator, reported perpetrator, or accused person in an abuse investigation, the Office of Human Resources may remove the SI from placement and duties at any time during the investigation or any subsequent review. (3) If removed from the placement, the SI may reapply for a placement and be subject to a new background check in accordance with OAR 407-007-0000 to 407-007-0100 and OAR 407-007-0430. Statutory/Other Authority: ORS 409.027, 409.050 Statutes/Other Implemented: ORS 409.027 & 409.050 History: DHSD 15-2017, amend filed 11/29/2017, effective 12/01/2017 DHSD 2-2010, f. & cert. ef. 3-29-10 DHSD 8-2009(Temp), f. & cert. ef. 10-1-09 thru 3-29-10
407-007-0455 Current Contract SIs of the Department (1) This rule applies to any SI who is an employee of any contractor in any of the following: (a) A State-operated or Authority-contracted secure residential treatment facility; (b) A State-operated residential training home within the Department’s Stabilization and Crisis Unit; (c) Oregon State Hospital. (2) If an SI is identified as an alleged perpetrator, reported perpetrator, respondent, or accused person in an abuse investigation, all relevant abuse investigation and licensing rules shall apply. (3) The Department shall apply relevant program administrative rule due process if the SI is identified as responsible in a founded or substantiated abuse investigation. (4) If an SI is identified as an alleged perpetrator, reported perpetrator, respondent, or accused person in an abuse investigation, the Office of Human Resources may remove the SI from contracted work at any time during the investigation. (5) The Office of Human Resources shall require a new background check in accordance with OAR 407-007-0000 to 407-007-0100 and OAR 407-007-0430 under the following circumstances: (a) The abuse investigation results in potentially disqualifying abuse; and (b) The SI remains an employee of the contractor; and (c) The contractor or the Department intends to allow the SI to work under the contract with the Department. Statutory/Other Authority: ORS 409.027, 409.050 Statutes/Other Implemented: ORS 409.027 & 409.050 History: DHSD 15-2017, adopt filed 11/29/2017, effective 12/01/2017
407-007-0460 Confidentiality (1) The Department shall maintain abuse investigation reports as confidential pursuant to ORS 409.027, 413.036 and other applicable state and federal laws and rules. (2) All abuse information and other records collected or developed during the abuse check process shall be kept confidential and disseminated only on a need-to-know basis as permitted by applicable Oregon statutes and administrative rules. (3) Abuse investigation reports may be used among the organizational units of the Department for the purpose of screening SIs necessary to protect the Department’s vulnerable clients from abuse. (4) The Department may use abuse and neglect reports for decisions directly affecting vulnerable individuals if the vulnerable individual is also an SI. Statutory/Other Authority: ORS 409.027, 409.050 & 413.036 Statutes/Other Implemented: ORS 409.027, 409.050 & 413.036 History: DHSD 2-2020, amend filed 02/10/2020, effective 02/10/2020 DHSD 15-2017, amend filed 11/29/2017, effective 12/01/2017 DHSD 2-2010, f. & cert. ef. 3-29-10 DHSD 8-2009(Temp), f. & cert. ef. 10-1-09 thru 3-29-10
407-007-0600 Purpose (1) The purpose of these rules, OAR 407-007-0600 to 407-007-0640, is to provide for procedures and standards for the background check registry pursuant to ORS 443.006. (2) These rules apply to subject individuals (SIs), as defined in OAR 407-007-0210, who work or seek to work in facilities and positions subject to these rules who provide care. Statutory/Other Authority: ORS 181A.195, 181A.200, 183.459, 409.025, 409.027, ORS 409.050, 410.020, 411.060, 413.036, 443.006, 443.725 & 443.735 Statutes/Other Implemented: ORS 181A.195, 181A.200, 183.459, 409.025, 409.027, 411.060, 443.006, 409.010 & 443.004 History: DHS 24-2021, amend filed 12/15/2021, effective 12/17/2021 DHS 7-2021, temporary amend filed 06/25/2021, effective 06/25/2021 through 12/21/2021 DHSD 5-2018, amend filed 03/13/2018, effective 03/13/2018 DHSD 11-2017(Temp), f. & cert. ef. 9-15-17 thru 3-13-18 DHSD 3-2014, f. & cert. ef. 12-1-14
407-007-0630 Reporting Requirements for Qualified Entities (1) ORCHARDS users for qualified entities, facilities and homecare workers may access the registry online through ORCHARDS. (2) If an SI is not found in a search of the online registry, ORCHARDS users may enter a background check request in ORCHARDS to determine if the SI may be placed on the registry to work. (3) QEs must provide BCU with the following information regarding an SI on the registry including but not limited to: (a) Permanent hire date of SI for each position, to be added in ORCHARDS. (b) Report of any potentially disqualifying convictions or conditions (see OAR 407-007-0281 and 407-007-0290) while the SI is still working for the QE, to be reported directly to BCU. Based on this information BCU may require a new background check on the SI, pursuant to OAR 407-007-0220. (c) The SI’s last day of work once the SI leaves a position, to be added in ORCHARDS. (d) Change of position with the QE, to be added in ORCHARDS. Statutory/Other Authority: ORS 181A.195, 181A.200, 183.459, 409.025, 409.027, ORS 409.050, 410.020, 411.060, 413.036, 443.004, 443.725, 443.735 & 443.006 Statutes/Other Implemented: ORS 181A.195, 181A.200, 183.459, 409.025, 409.027, 411.060, 443.004, 443.725, 443.735, 409.010 & 443.006 History: DHS 24-2021, amend filed 12/15/2021, effective 12/17/2021 DHS 7-2021, temporary amend filed 06/25/2021, effective 06/25/2021 through 12/21/2021 DHSD 2-2020, amend filed 02/10/2020, effective 02/10/2020 DHSD 18-2019, temporary amend filed 09/26/2019, effective 09/27/2019 through 03/24/2020 DHSD 5-2018, amend filed 03/13/2018, effective 03/13/2018 DHSD 11-2017(Temp), f. & cert. ef. 9-15-17 thru 3-13-18 DHSD 3-2014, f. & cert. ef. 12-1-14
407-007-0640 Access and Release of Information (1) BCU shall maintain the registry through CRIMS. CRIMS users for facilities and homecare workers may access the registry online through CRIMS. (2) An SI may request in writing that BCU provide documentation of information included in the registry about the SI. Statutory/Other Authority: ORS 181A.195, 181A.200, 183.459, 409.025, 409.027, ORS 409.050, 410.020, 411.060, 413.036, 443.006, 443.725 & 443.735 Statutes/Other Implemented: ORS 181A.195, 181A.200, 183.459, 409.010, 409.025, 409.027, 411.060, 443.004 & 443.006 History: DHSD 5-2018, amend filed 03/13/2018, effective 03/13/2018 DHSD 11-2017(Temp), f. & cert. ef. 9-15-17 thru 3-13-18 DHSD 3-2014, f. & cert. ef. 12-1-14
407-010-0001 Policies and Procedures to Guide Use of Information on OYA and DHS Employees Who are Subjects of a CPS Assessment The DHS Office of Human Resources will develop policies and procedures to guide use of information provided by CPS supervisors in relation to the requirements of OAR 413-015-0405(9). Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: DHSD 2-2006, f. & cert. ef. 3-1-06
407-012-0005 Definitions The following definitions apply to OAR 407-012-0005 through 407-012-0025: (1) “Department” means the Department of Human Services. (2) “Division” means every individual organizational unit within the Department of Human Services. (3) “Employee” means individuals acting in the course and scope of their duties who are on the State of Oregon payroll, contract employees, employees of temporary service agencies, and volunteers. It also includes employees of other government or social service agencies who, at the time they are accompanying a Department employee on Department business, are the target of conduct described in OAR 407-012-0010. (4) “Premises” means any land, building, facility, and other property owned, leased, or in the possession of, and used or controlled by the Department. When the Department occupies space in a building occupied by multiple tenants, the definition includes the common areas of the building used by all tenants such as, but not limited to, restrooms, hallways, and food service areas. (5) “Restriction of Access” means the Department has limited an individual’s access to specific Department premises, employees, or methods of communication. (6) “Weapon” includes, but is not limited to: (a) A dangerous or deadly weapon as defined in ORS 161.015; (b) Any other object or substance used in a manner that compromises the safety of Department employees or visitors on Department premises; (c) An imitation or replica of any of the above. Statutory/Other Authority: ORS 409.050 Statutes/Other Implemented: ORS 409.050 & 654.010 History: DHSD 11-2007, f. 11-30-07, cert. ef. 12-1-07