reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 7 - CRIMINAL HISTORY AND ABUSE CHECKS › Section 407-007-0070 - Final Fitness Determinations

Current through Register Vol. 63, No. 7, July 1, 2024
The Department shall make a final fitness determination in
				accordance with OAR 125-007-0260  and this rules after all necessary criminal
				records checks and a weighing test, if necessary, have been completed.
(1) The Department may obtain and consider
			 additional information as necessary to complete the final fitness
			 determination. Particularly in weighing tests where it appears the outcome may
			 be adverse to an SI, the Department shall attempt to obtain additional
			 information for the weighing test from the SI directly through correspondence,
			 phone, or both.
(2) The final
			 fitness determination of a criminal records check, and an abuse check if
			 required in accordance with OAR 407-007-0400  to 407-007-0460, shall result in
			 one of the following outcomes:
(a) The
			 Department may approve an SI if:
(A) The SI
			 has no potentially disqualifying convictions or potentially disqualifying
			 conditions; or
(B) The SI has
			 potentially disqualifying convictions or potentially disqualifying conditions
			 and, after a weighing test with available information, the Department
			 determines that more likely than not the SI poses no risk to the Department,
			 its clients, or vulnerable persons.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 7 - CRIMINAL HISTORY AND ABUSE CHECKS › Section 407-007-0075 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  181.534,
				  181.537 &
				  409.050
Stats. Implemented: ORS
				  181.534,
				  181.537 &
				  409.010
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 7 - CRIMINAL HISTORY AND ABUSE CHECKS › Section 407-007-0080 - Contesting a Final Fitness Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An SI may contest a final fitness
			 determination of denied or approved with restrictions pursuant to OAR
			 407-007-0070.
(2) An SI who is
			 already employed by the Department at the time of the final fitness
			 determination may appeal through applicable personnel rules, policies, and
			 collective bargaining provisions. The SI's decision to do so is an election of
			 remedies as to the rights of the SI with respect to the fitness determination
			 and constitutes a waiver of the appeal process described in this
			 rule.
(3) This appeal process is
			 conducted in accordance with OAR 125-007-0300, ORS
			 183.411 to
			 183.497 and the Attorney General's Uniform and Model Rules of Procedure for the Office
			 of Administrative Hearings (OAH), OAR 137-003-0501  to 137-003-0700.
(4) During the appeal process, the final
			 fitness determination remains in effect.
(a)
			 If an SI is denied, then the SI may not work, volunteer, be employed, or
			 otherwise perform in positions covered by these rules.
(b) If an SI has an approval with
			 restrictions, then the SI may only work under the terms of the restriction
			 listed on the notice of final fitness determination during on the
			 appeal.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 7 - CRIMINAL HISTORY AND ABUSE CHECKS › Section 407-007-0090 - Record Keeping, Confidentiality

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All LEDS reports are confidential and the
			 Department shall maintain the reports in accordance with applicable OSP
			 requirements in ORS chapter 181 and OAR chapter 257, division 15.
(a) LEDS reports may only be shared with
			 approved Department authorized designees if there is a need to know consistent
			 with these rules.
(b) The LEDS
			 report and any photocopies may not be shown or given to the
			 SI.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 7 - CRIMINAL HISTORY AND ABUSE CHECKS › Section 407-007-0100 - Variances

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The outcome of
			 a fitness determination made pursuant to these rules is not subject to
			 variance. Challenges to fitness determinations may only be made through
			 contested case hearing rights set forth in these rules or alternative options
			 available to Department employees.
(2) The Department may grant a variance based
			 upon a demonstration by the Department program area or work unit that the
			 variance would not pose a significant risk to the Department, its clients, or
			 vulnerable individuals.
(3) The
			 program office or work unit requesting a variance shall submit, in writing, an
			 application to the BCU that contains the following:
(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 safety and
			 well-being of the Department or affected individuals will be ensured during the
			 time the variance period is in effect.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 7 - CRIMINAL HISTORY AND ABUSE CHECKS › Section 407-007-0200 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 purpose of these rules, OAR 407-007-0200  to 407-007-0370, is to supplement OAR
			 125-007-0200  to 125-007-0330  with guidelines and requirements specific to
			 background checks for Oregon Department of Human Services (Department or ODHS)
			 and Oregon Health Authority (Authority) subject individuals (SIs). These rules
			 provide for the reasonable screening under ORS
			 181A.195,
			 181A.200,
			 409.027,
			 and
			 413.036 of SIs to determine if they have a history of specific criminal or abusive
			 behavior identified in federal or state law or rules such that they should not
			 be allowed to work, volunteer, be employed, reside, or otherwise perform in
			 positions covered by these rules.
(2) These rules apply to evaluating
			 potentially disqualifying convictions and conditions of an SI when conducting
			 fitness determinations based upon such information. The fact that an SI is
			 approved does not guarantee employment or placement. These rules do not apply
			 to individuals subject to OAR 407-007-0000  to 407-007-0100  (ODHS Employees,
			 Volunteers, and Contractors) or 407-007-0400  to 407-007-0460  (Abuse Check Rules
			 for Department Employees and Volunteers).
(3) Providers for the Department and the
			 Authority are subject to criminal records and abuse checks. The Authority
			 authorizes the Department to act on its behalf in carrying out criminal and
			 abuse checks associated with programs or activities administered by the
			 Authority. References in these rules to the Department or Authority shall be
			 construed to be references to either or both agencies.
Statutory/Other Authority: ORS
				  181A.195,
				  181A.200,
				  183.459,
				  409.025,
				  409.027,
				  409.050,
				  410.020,
				  411.060,
				  411.122,
				  413.036,
				  418.016,
				  418.640,
				  441.055,
				  443.730,
				  443.735  & 678.153
Statutes/Other Implemented: ORS
				  181A.195,
				  181A.200,
				  183.459,
				  409.025,
				  409.027,
				  411.060,
				  411.122,
				  413.036,
				  409.010  & 443.004
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 7 - CRIMINAL HISTORY AND ABUSE CHECKS › Section 407-007-0210 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
OAR 125-007-0210  and 407-007-0010  include definitions for words
				and terms used in OAR chapter 407, division 007. The following definitions
				apply specifically to OAR 407-007-0200  to 407-007-0370:
(1) "Appointing authority" means an
			 individual designated by the qualified entity (QE) who is responsible for
			 appointing QE designees (QEDs). Examples include but are not limited to human
			 resources staff with the authority to offer and terminate employment, a
			 business owner, a member of the board of directors, a director, or a program
			 administrator.
(2) "Credible
			 evidence" means available facts, when viewed objectively with the surrounding
			 circumstances, would cause a reasonable person to believe that an event has
			 occurred.
(3) "Good Standing" means
			 the SI is in an approved status on the registry (see OAR 407-007-0600  to
			 407-007-0640) and may continue to work without active supervision (see OAR
			 407-007-0315(7)) in an approved status in all any current positions listed for
			 the SI.
(4) "Ineligible" means BCU
			 has determined that an SI has one or more convictions that prohibit the SI from
			 holding the position listed in the background check request. Ineligibility is
			 due to either the SI being subject to:
(a) ORS
			 443.004 and either OAR
			 407-007-0275  or 407-007-0277; or
(b) A federal law or regulation that includes
			 mandatory exclusions.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 7 - CRIMINAL HISTORY AND ABUSE CHECKS › Section 407-007-0220 - Background Check Required

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 SI must have a background check in the following circumstances:
(a) An individual who becomes an SI on or
			 after the effective date of these rules.
(b) The SI changes employers to a different
			 QE.
(c) The individual, whether
			 previously considered an SI or not, changes positions under the same QE, and
			 the new position requires a background check.
(d) The individual, whether previously
			 considered an SI or not, changes Department or Authority-issued licenses,
			 certifications, or registrations, and the license, certification, or
			 registration requires a background check under these rules.
(e) For a student enrolled in a nursing
			 facility nursing assistant training program for employment at the facility, a
			 new background check is required when the student is first enrolled in the
			 training program to be in contact with nursing facility patients, and again if
			 the student becomes an employee at the facility unless the first background
			 check results in good standing in the background check registry and portability
			 pursuant to OAR 407-007-0600  to 407-007-0640.
(f) A background check is required by federal
			 or state laws or regulations, other Department or Authority administrative
			 rules, or by contract with the Department or Authority.
(g) When BCU or the QE has reason to believe
			 that a background check is justified, if allowed by statute or rule. Examples
			 include but are not limited to:
(A) Credible
			 evidence of new potentially disqualifying convictions or conditions. Pursuant
			 to OAR 407-007-0620(6), BCU must either immediately remove an SI's portability,
			 revoke an SI's good standing, or both if BCU receives credible evidence
			 indicating that the SI has new potentially disqualifying convictions or
			 conditions.
(B) A lapse in working
			 or volunteering in a position under the direction and control of the QE but the
			 SI is still considered in the position. For example, an extended period of
			 leave by an SI. The QE determines the need for a background check.
(C) Quality assurance monitoring by the
			 Department or Authority of a previously conducted criminal records check or
			 abuse check.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 7 - CRIMINAL HISTORY AND ABUSE CHECKS › Section 407-007-0230 - Qualified Entity

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A QE and its
			 appointing authority must be approved in writing by the Department or Authority
			 pursuant to these rules in order to appoint a QED. Documentation of a current
			 and valid license, certification, contract, or letter of approval from the
			 Department or Authority are considered proof of approval. Unless specifically
			 indicated otherwise in these rules, all QEs and appointing authorities
			 discussed in these rules are considered approved.
(2) A QE shall ensure the completion of
			 background checks for all SIs who are the QE's employees, volunteers, or other
			 SIs under the direction or control of the QE.
(3) BCU may allow a QE's appointing authority
			 or the QED to appoint one or more QEIs based on the needs of the QE and the
			 volume of SIs under the QE.
(4) A
			 QE's appointing authority shall appoint QEDs as needed to remain in compliance
			 with these rules and shall communicate any changes regarding QEDs or QEIs to
			 BCU. BCU strongly recommends that the QE have at least one QED at any facility
			 where clients are receiving care in order to handle any immediate QED
			 responsibilities, such as removing an SI from work or placement when
			 required.
(5) If for any reason a
			 QE no longer has any QEDs, the QE or appointing authority shall ensure that the
			 confidentiality and security of background check records by immediately
			 providing all background check related documents to BCU or to another QE as
			 determined by BCU.
(6) BCU shall
			 provide QEs with periodic training and on-going technical assistance.
(7) Any decisions made by BCU in regard to
			 these rules are final and may not be overturned by any QE.
Stat. Auth.: ORS 181A.200,
				  409.027 &
				  409.050
Stats. Implemented: ORS 181A.195, 181A.200,
				  409.010,
				  409.027 &
				  443.004
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 7 - CRIMINAL HISTORY AND ABUSE CHECKS › Section 407-007-0240 - QE Designees and QE Initiators

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All requirements in this section must be
			 completed within 90 calendar days. To receive BCU approval, a QED must meet the
			 following requirements:
(a) A QED must be one
			 of the following:
(A) Employed by the agency
			 for which the QED will handle criminal records check information.
(B) Contracted with the QE to perform as a
			 QED.
(C) Employed by another
			 similar QE or a parent QE. For example, an assisted living facility QED may act
			 as QED for another assisted living facility.
(D) The licensee of the QE.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 7 - CRIMINAL HISTORY AND ABUSE CHECKS › Section 407-007-0250 - Background Check Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 order to conduct a background check on an SI, BCU must receive authorization
			 from the SI allowing the criminal records check and abuse check to proceed. If
			 the SI refuses to provide authorization for the background check, BCU
			 terminates the background check immediately and the QE may not allow the SI to
			 work, volunteer, be employed, reside, or otherwise perform in positions covered
			 by these rules.
(2) BCU conducts a
			 criminal records check on an SI through LEDS maintained by the Oregon State
			 Police (OSP) and handles criminal offender information in accordance with ORS
			 chapter 181A and the rules adopted thereto (see OAR chapter 125, division 007;
			 and chapter 257, division 15).
(3)
			 If a national criminal records check is necessary, OSP provides BCU results of
			 national criminal records checks conducted pursuant to ORS
			 181A.195, including fingerprint
			 identification, through the FBI.
(4) The criminal records check may include
			 one or more types of criminal records checks as defined in OAR 407-007-0010.
			 BCU considers the date of the last criminal records check completed before the
			 final fitness determination as the date of the background check's criminal
			 records check.
(5) BCU conducts
			 abuse checks on an SI using available abuse investigation reports and
			 associated documents.
(6) For SIs
			 subject to ORS 475A and OAR 333-333-4100:
(a)
			 Section (5) of this rule does not apply.
(b) None of the conditions listed in OAR
			 407-007-0290  are potentially disqualifying.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 7 - CRIMINAL HISTORY AND ABUSE CHECKS › Section 407-007-0275 - Convictions Under ORS 443.004 Resulting in Ineligibility for Aging and People with Disabilities Program and Developmental Disabilities Program SIs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule
			 applies to an SI who:
(a) Works with clients
			 receiving services through programs and agencies certified, licensed or
			 otherwise regulated by the Department's Office of Developmental Disabilities
			 (DD) Services.
(b) Works with
			 clients of the Department's APD programs and who is:
(A) An individual who is paid directly or
			 indirectly with public funds who has or will have contact with recipients of
			 services within:
(i) An adult foster home
			 (defined in ORS
			 443.705);
			 or
(ii) A residential facility
			 (defined in ORS
			 443.400).
(B) Any direct care staff secured
			 by any residential care or assisted living facility through the services of a
			 personnel services or staffing agency and the direct care staff works in the
			 facility.
(C) A homecare worker as
			 defined in ORS
			 410.600,
			 a personal support worker as defined in ORS
			 410.600,
			 a personal care services provider, or an independent provider employed by a
			 Department client who provides care to the client if the Department helps pay
			 for the services.
(D) An employee
			 providing care to the Department's APD program clients who works for an in-home
			 care agency as defined by ORS
			 443.305 which has enrolled to deliver Medicaid funded services as described in OAR
			 411-033-0000  to 411-033 to 0030 for Department clients.
(E) An individual in a position specified as
			 being subject in relevant Oregon statutes or Oregon administrative
			 rules.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 7 - CRIMINAL HISTORY AND ABUSE CHECKS › Section 407-007-0277 - Convictions Under ORS 443.004 Resulting in Ineligibility for Mental Health or Alcohol and Drug Program SIs

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 This rule applies to subject individuals who are mental health or substance
			 abuse treatment providers defined under ORS
			 443.004(8).
(2) If BCU determines that an individual is
			 subject to this rule and has a conviction listed in ORS
			 443.004(5),
			 BCU shall make the determination of "Ineligible due to ORS
			 443.004."
			 Under OAR 125-007-0260, this determination is considered an incomplete fitness
			 determination. A fitness determination with a weighing test is not required
			 regardless of any other potentially disqualifying convictions and conditions
			 the SI has. BCU shall provide notice of ineligibility due to ORS
			 443.004 to the individual.
(3) An
			 individual subject to this rule who is an employee and hired prior to July 28,
			 2009 is exempt from section (2) of this rule provided that the employee remains
			 working for the same employer after July 28, 2009. The SI may transfer or
			 promote to other positions with this same employer and remain exempt from
			 section (2) of this rule. This exemption is not applicable to licensees. In
			 this context:
(a) For a personal support
			 worker as defined in ORS
			 410.600,
			 employed by an Authority client, the employer of record is the Authority unless
			 restricted to one QE or client by a restricted approval under OAR
			 407-007-0320.
(b) For adult foster
			 homes, the SI may change jobs between homes throughout Oregon unless restricted
			 to one QE or home by a restricted approval under OAR 407-007-0320.
(c) If the SI works at a QE facility or
			 agency that has a parent company or corporation, the SI may work at any QE
			 facility or agency under the parent company or corporation.
(d) For all other Sis, the employer is a
			 QE.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 7 - CRIMINAL HISTORY AND ABUSE CHECKS › Section 407-007-0279 - Federal Mandatory Exclusions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Mandatory exclusions under
			 42 USC
			 1320a-7(a) (Exclusion of
			 certain individuals and entities from participation in Medicare and State
			 health programs) may result in ineligibility for an SI if the convictions or
			 conditions meet certain time frames or criteria in
			 42 USC
			 1320a-7(c).
(a) Section (1) of this rule applies to an SI
			 who is or seeks to be:
(A) A home care worker
			 or personal support worker as defined in ORS
			 410.600; or
(B) Works for or seeks to work for:
(i) A residential facility as defined in ORS
			 443.400 that receives Medicare
			 or state health care funds;
(ii) An
			 in-home care agency as defined in ORS
			 443.005 that receives Medicare
			 or state health care funds;
(iii) A
			 home health agency as defined in ORS
			 443.005 that receives Medicare
			 or state health care funds;
(iv) A
			 nursing facility licensed by the Department in accordance with OAR chapter 411
			 division 85;
(v) An assisted living
			 facility or a residential care facility licensed by the Department in
			 accordance with OAR chapter 411 division 54;
(vi) A personnel or staffing agency providing
			 staff to a nursing facility, assisted living facility, or residential care
			 facility licensed by the Department as listed in this subsection;
(vii) An adult foster home licensed by the
			 Department or Authority, or licensed locally under the direction of the
			 Department or Authority.
(viii) Any
			 other QE determined by the Department or Authority to have a federal
			 requirement for an OIG check.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 7 - CRIMINAL HISTORY AND ABUSE CHECKS › Section 407-007-0280 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  181.537 &
				  409.050
Stats. Implemented: ORS
				  181.534,
				  181.537 &
				  409.010
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 7 - CRIMINAL HISTORY AND ABUSE CHECKS › Section 407-007-0281 - Potentially Disqualifying Convictions

Current through Register Vol. 63, No. 7, July 1, 2024
A conviction of any of the following crimes is potentially
				disqualifying. However, offenses or convictions that are classified as less
				than a misdemeanor, such as violations or infractions, are not potentially
				disqualifying (see ORS
				161.505 to
				161.565).
(1) Pursuant to OAR 125-007-0270, any
			 conviction of a misdemeanor or felony in any jurisdiction, a U.S. military
			 crime, or an international crime is a permanent review crime for the following:
(a) An SI associated with Department Child
			 Welfare adoptive and foster homes subject to criminal records checks under OAR
			 413-120-0400  to 413-120-0475.
(b)
			 An SI who is an employee, contractor or volunteer for a Department Child
			 Welfare licensed child caring agency governed by OAR chapter 419 division
			 400.
(c) An SI, as listed in OAR
			 407-007-0210(12)(a)(H)  associated with a child adoptive or foster home licensed
			 by a child caring agency governed by OAR chapter 419 division 400.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 7 - CRIMINAL HISTORY AND ABUSE CHECKS › Section 407-007-0290 - Potentially Disqualifying Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to OAR 125-007-0270, the following are potentially
				disqualifying conditions, if they exist on the date of the final fitness
				determination unless otherwise noted. This rule does not apply to SIs subject
				to ORS 475A and OAR 333-333-4100.
(1)
			 False statement is potentially disqualifying when all the following conditions
			 are met:
(a) In a background check request, an
			 SI has submitted the answer, "No" to the question regarding whether the SI has
			 criminal history;
(b) The
			 Department finds potentially disqualifying criminal history in the criminal
			 records check; and
(c) The found
			 potentially disqualifying criminal history occurred before the date of the SI's
			 submission of the criminal records check request.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 7 - CRIMINAL HISTORY AND ABUSE CHECKS › Section 407-007-0300 - Weighing Test

Current through Register Vol. 63, No. 7, July 1, 2024
If an SI has potentially disqualifying convictions under OAR
				407-007-0281, or potentially disqualifying conditions under OAR 407-007-0290,
				BCU conducts a weighing test. The weighing test includes consideration of
				factors pursuant to ORS
				181A.195 and the following if available to the BCU at the time of the weighing
				test.
(1) Circumstances regarding the
			 nature of potentially disqualifying convictions and conditions including but
			 not limited to:
(a) The details of incidents
			 leading to the potentially disqualifying convictions or conditions.
(b) Age, maturity and mental capacity of the
			 SI at time of the potentially disqualifying convictions or
			 conditions.
(c) Facts that support
			 the potentially disqualifying convictions or conditions.
(d) Passage of time since commission of the
			 potentially disqualifying convictions or conditions.
(e) Consideration of state or federal laws,
			 regulations, or rules covering the position, facility, employer, or QE
			 regarding the potentially disqualifying convictions or conditions.
(f) Consideration of state or federal laws,
			 regulations, or rules that impact what is considered potentially disqualifying.
			 For example:
(A) Effective February 1, 2021,
			 most possession crimes in Oregon were reduced to violations, making them no
			 longer potentially disqualifying.
(B) The Department may give less weight to a
			 potentially disqualifying conviction or condition which is only potentially
			 disqualifying because it was a crime at the time it occurred but at the time of
			 the weighing test is no longer considered a crime nor is associated with any
			 potentially disqualifying conviction or condition.
(C) The consideration given potentially
			 disqualifying convictions or conditions impacted by federal laws, regulations,
			 or rules is determined by the number of these potentially disqualifying
			 convictions or conditions and evaluation of relevant factors in sections (1),
			 (2) and (3) of this rule.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 7 - CRIMINAL HISTORY AND ABUSE CHECKS › Section 407-007-0315 - Hired on a Preliminary Basis

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 A preliminary fitness determination is required to determine if an SI may
			 participate in training or orientation, work, volunteer, or otherwise perform
			 in the position listed on the background check request prior to a final fitness
			 determination. An SI may not be hired on a preliminary basis prior to the
			 completion of a preliminary fitness determination.
(2) An SI may be hired on a preliminary basis
			 only:
(a) During the period of time prior to a
			 final fitness determination;
(b)
			 For the position listed on the background check request; and
(c) If not prohibited by section (4) of this
			 rule.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 7 - CRIMINAL HISTORY AND ABUSE CHECKS › Section 407-007-0317 - Approval with Exception for Certain Subject Individuals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The "Approval
			 with Exception" 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 the Department's Child Welfare division, per OAR 413-215-0001  to
			 413-215-1031;
(b) Resided outside
			 Oregon for 60 or more consecutive days during the previous five years and
			 required a check of child abuse and neglect registries from states other than
			 Oregon under the Family First Act.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 7 - CRIMINAL HISTORY AND ABUSE CHECKS › Section 407-007-0318 - Approval for "Family First" Subject Individuals

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 7 - CRIMINAL HISTORY AND ABUSE CHECKS › Section 407-007-0320 - Final Fitness Determinations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A final fitness determination pursuant to
			 OAR 125-007-0260  and these rules will be made after all necessary background
			 checks have been received and a weighing test, if necessary, has been
			 completed. For the purpose of a final fitness determination as defined in OAR
			 407-007-0010(18), an authorized designee includes:
(a) A BCU staff trained to make a final
			 fitness determination;
(b) A BCU
			 hearing representative if a fitness determination is contested under OAR
			 407-007-0330  or 943-007-0501; or
(c) An administrative law judge if a
			 contested fitness determination results under a contested case hearing through
			 the Office of Administrative Hearings.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 7 - CRIMINAL HISTORY AND ABUSE CHECKS › Section 407-007-0325 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  181.537,
				  409.027 &
				  409.050
Stats. Implemented: ORS
				  181.534,
				  181.537,
				  409.010,
				  409.027 &
				  443.004
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 7 - CRIMINAL HISTORY AND ABUSE CHECKS › Section 407-007-0330 - Contesting a Fitness Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An SI may contest an adverse fitness
			 determination pursuant to OAR 407-007-0320. In this rule, an adverse fitness
			 determination includes:
(a) A final fitness
			 determination of denied or approved with restrictions pursuant to OAR
			 407-007-0320; or
(b) A mandatory
			 exclusion pursuant to federal law and OAR 407-007-0279  if hearing rights are
			 allowed by federal law.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 7 - CRIMINAL HISTORY AND ABUSE CHECKS › Section 407-007-0335

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  183.341,
				  183.459,
				  409.027  & 409.050
Statutes/Other Implemented: 183.459, 409.027 & ORS
				  409.010
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 7 - CRIMINAL HISTORY AND ABUSE CHECKS › Section 407-007-0340 - Record Keeping, Confidentiality

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All LEDS reports are confidential and the
			 Department and Authority shall maintain the reports in accordance with
			 applicable OSP requirements in ORS chapter 181 and the rules adopted pursuant
			 thereto (see OAR chapter 257, division 15).
(a) LEDS reports are confidential and may
			 only be shared within BCU if there is a need to know consistent with these
			 rules.
(b) The LEDS report and any
			 photocopies may not be shown or given to the SI.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 7 - CRIMINAL HISTORY AND ABUSE CHECKS › Section 407-007-0350 - Immunity from Liability

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 7 - CRIMINAL HISTORY AND ABUSE CHECKS › Section 407-007-0370 - Variances

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 7 - CRIMINAL HISTORY AND ABUSE CHECKS › Section 407-007-0400 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 7 - CRIMINAL HISTORY AND ABUSE CHECKS › Section 407-007-0420 - Reporting Abuse Allegations Required

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 7 - CRIMINAL HISTORY AND ABUSE CHECKS › Section 407-007-0430 - Applicants to the Department

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Subject to
			 any applicable collective bargaining agreements, this rule applies to any SI
			 who is:
(a) Offered employment or volunteer
			 placement with the Department;
(b)
			 Offered a change in employment or volunteer placement within the
			 Department.
(c) 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.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 7 - CRIMINAL HISTORY AND ABUSE CHECKS › Section 407-007-0440 - Current Employees of the Department

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 7 - CRIMINAL HISTORY AND ABUSE CHECKS › Section 407-007-0445 - Employees Who Apply or Are Hired at SACU after 1/1/2018

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 7 - CRIMINAL HISTORY AND ABUSE CHECKS › Section 407-007-0450 - Current Volunteers of the Department

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 7 - CRIMINAL HISTORY AND ABUSE CHECKS › Section 407-007-0455 - Current Contract SIs of the Department

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 7 - CRIMINAL HISTORY AND ABUSE CHECKS › Section 407-007-0460 - Confidentiality

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 7 - CRIMINAL HISTORY AND ABUSE CHECKS › Section 407-007-0600 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 7 - CRIMINAL HISTORY AND ABUSE CHECKS › Section 407-007-0610 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the definitions in OAR 125-007-0210,
				407-007-0010, and 407-007-0210, the following definitions apply to OAR
				407-007-0600  to 407-007-0640:
(1)
			 "Background check" means a criminal records check and an abuse check pursuant
			 to OAR 407-007-0210  to 407-007-0370  and any additional checks as required per
			 federal code or Oregon statute.
(2)
			 "Background Check Registry (Registry)" means a comprehensive listing of subject
			 individuals who meet the requirements of these rules.
(3) "Facility" means:
(a) A long term care facility in Oregon as
			 defined in ORS
			 442.015 including
			 skilled nursing facilities and intermediate care facilities.
(b) A residential care facility as defined in
			 ORS
			 443.400 including but not limited to assisted living facilities and intermediate care
			 facilities.
(c) An adult foster
			 home as defined in ORS
			 443.705.
(d) Any programs licensed, certified,
			 endorsed, or otherwise regulated by the Department of Human Services that
			 deliver services to individuals with intellectual or developmental
			 disabilities.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 7 - CRIMINAL HISTORY AND ABUSE CHECKS › Section 407-007-0620 - Background Check Registry

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 background check registry includes SIs who work or seek to work as:
(a) An employee, contractor, temporary
			 worker, or volunteer in a facility or qualified entity; or
(b) A homecare worker, including the position
			 of personal support worker.
(c) An
			 employee providing care to clients of the Department's Aging and People with
			 Disabilities (APD) programs who works for an in-home care agency as defined by
			 ORS
			 443.305 and OAR chapter 333, division 536, which has enrolled to deliver Medicaid
			 funded services as described in OAR 411-033-0000  to 411-033 to 0030 for
			 Department clients;
(d) An
			 employee, contractor, temporary worker, or volunteer in an agency certified,
			 licensed, or otherwise regulated by the Department or the Authority where the
			 Department or Authority has indication in the Oregon Administrative Rules that
			 govern the certification, licensure, or regulation of the agency by the
			 Department or the Authority that placement on the registry or portability is
			 allowed for the SIs; or
(e) An
			 employee, contractor, temporary worker, or volunteer in an agency certified,
			 licensed, or otherwise regulated by the Department or the Authority where the
			 Department or Authority has a written agreement with BCU to allow portability.
			 The written agreement must include:
(A) A
			 citation of the Oregon Administrative Rules that govern the certification,
			 licensure, or regulation of the agency by the Department or the Authority;
			 and
(B) The number of years of the
			 SI's background check may be used for portability before a recheck is
			 required.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 7 - CRIMINAL HISTORY AND ABUSE CHECKS › Section 407-007-0630 - Reporting Requirements for Qualified Entities

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 7 - CRIMINAL HISTORY AND ABUSE CHECKS › Section 407-007-0640 - Access and Release of Information

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 10 - PRE-EMPLOYMENT/EMPLOYMENT SCREENING › Section 407-010-0001 - Policies and Procedures to Guide Use of Information on OYA and DHS Employees Who are Subjects of a CPS Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
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).
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  418.005