Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 7 - CRIMINAL HISTORY AND ABUSE CHECKS › Section 407-007-0410 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the definitions in OAR 125-007-0210  and
				407-007-0010, the following definitions apply to OAR 407-007-400 to
				407-007-0460:
(1) "Closed case" means
			 an abuse check that has been closed without a fitness determination.
(2) "Director" means the Department's
			 Director or designee.
(3) "Founded
			 or substantiated" has the meanings given in the Department's administrative
			 rules corresponding to the setting in which the abuse was alleged or
			 investigated.
(4) "Potentially
			 disqualifying abuse" means abuse in which the finding of an abuse investigation
			 report is founded or substantiated and the subject individual is determined to
			 have been responsible for the abuse. If formal review or appeal rights are
			 offered to the alleged perpetrator (the subject individual), BCU may consider
			 the abuse as potentially disqualifying after these rights are completed or
			 timed out.
(5) "Subject individual
			 (SI)" means an individual on whom the Department may conduct an abuse check. An
			 SI includes any of the following:
(a) A
			 Department employee.
(b) An
			 individual who has been offered employment by the Department.
(c) An individual secured by the Department
			 through the services of a temporary employment agency, staffing agency, or
			 personnel services agency who is providing any of the duties or having access
			 as described in OAR 407-007-0060(3).
(d) A Department client who is placed in the
			 Work Experience or JOBS Plus program at a Department site.
(e) An individual who provides or seeks to
			 provide services to the Department at Department facilities, sites, or offices
			 as a contractor, subcontractor, vendor, volunteer under Department direction
			 and control, or student under Department direction and control who:
(A) May have contact with clients;
(B) Has access to personal information about
			 employees of the Department, clients, or members of the public, including but
			 not limited to Social Security numbers, dates of birth, driver license numbers,
			 medical information, personal financial information, or criminal background
			 information;
(C) Has access to
			 information the disclosure of which is prohibited by state or federal laws,
			 rules, or regulations or information that is defined as confidential under
			 state or federal laws, rules, or regulations;
(D) Has access to property held in trust or
			 to private property in the temporary custody of the state;
(E) Has payroll or fiscal functions or
			 responsibility for:
(i) Receiving, receipting
			 or depositing money or negotiable instruments;
(ii) Billing, collections, setting up
			 financial accounts, or other financial transactions; or
(iii) Purchasing or selling
			 property;
(F) Provides
			 security, design or construction services for government buildings, grounds, or
			 facilities;
(G) Has access to
			 critical infrastructure or secure facilities information; or
(H) Is providing information technology
			 services and has control over or access to information technology
			 systems.
(f) Any
			 individual applying for employment or a volunteer placement or any employee,
			 volunteer, contractor, or 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 (SACU);
(C) Oregon State Hospital.