Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0450 - Assessment of Criminal Convictions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The
Department
must complete a
fitness
			 determination
of any
applicant
with a criminal
			 conviction being assessed as a
resource parent, relative resource
			 parent,
potential
adoptive resource,
or any
			 individual being assessed as a
member of the household, respite care
			 provider,
or
child care
provider unless the
subject individual
must be denied under OAR 413-120-0450(4) or
			 (5).
(2) A
subject
			 individual
for whom a positive fitness determination is made following
			 a criminal records background check, may still be denied approval to be a
resource parent, relative resource parent
,
adoptive
			 resource
,
member of the household, respite provider or child
			 care provider
if the
subject individual
does not meet
			 other requirements contained in
Department
rules governing
			 care, foster care relative care, and adoption.
(3) An
authorized designee
employed by the Department must make all fitness determinations.
(4) A subject individual convicted in Oregon
			 or any other jurisdiction of any felony crime listed in subsections (a) to (e)
			 of this section may not be a resource parent, relative resource parent,
			 adoptive resource, member of the household, respite provider or child care
			 provider regardless of how long ago the subject individual was convicted or any
			 other factors or circumstances that exist. An authorized designee may not
			 conduct a weighing test and must deny approval if the conviction is for a
			 felony crime that involves:
(a) Violence,
			 including rape, sexual assault, and homicide, but not including other physical
			 assault or battery;
(b) Abuse or
			 neglect of a
child
;
(c) Spousal abuse;
(d) A
child
as the victim
			 (including child pornography);
(e)
			 Felony criminal convictions under Oregon law that fall under subsection (4)
			 (a)-(d) and for which the
authorized designee
must make a
			 negative
fitness determination
include:
(A) ORS 162.165 - Escape in the first
			 degree;
(B) ORS 163.095 -
			 Aggravated murder;
(C) ORS 163.107 - Murder in the first degree;
(D)
			 ORS 163.115 - Murder;
(E) ORS
			 163.118 - Manslaughter in the first degree;
(F) ORS 163.125 - Manslaughter in the second
			 degree;
(G) ORS 163.145 -
			 Criminally negligent homicide;
(H)
			 ORS 163.149 - Aggravated vehicular homicide;
(I) ORS 163.160 - Assault in the fourth
			 degree, if classified as a felony, and the victim is a
child
or the subject individual's spouse;
(J) ORS 163.165 - Assault in the third degree
			 if the victim is a
child
or the subject individual's
			 spouse;
(K) ORS 163.175 - Assault
			 in the second degree if the victim is a
child
or the subject
			 individual's spouse;
(L) ORS
			 163.185 - Assault in the first degree if the victim is a
child
or the subject individual's spouse;
(M) ORS 163.192 - Endangering a person
			 protected by a Family Abuse Prevention Act restraining order, if the victim is
			 a child or the subject individual's spouse;
(N) ORS 163.205 - Criminal mistreatment in
			 the first degree if the victim is a
child
or the subject
			 individual's spouse;
(O) ORS
			 163.207 - Female genital mutilation;
(P) ORS 163.235 - Kidnapping in the first
			 degree if the victim is a
child
or the subject individual's
			 spouse;
(Q) ORS 163.245 - Custodial
			 interference in the second degree if the victim is a
child
;
(R) ORS
			 163.257 - Custodial interference in the first degree if the victim is a
child
;
(S) ORS
			 163.266 - Trafficking in persons if the victim is a
child
;
(T) ORS
			 163.275 - Coercion, if the victim is a
child
or the subject
			 individual's spouse;
(U) ORS
			 163.355 - Rape in the third degree;
(V) ORS 163.365 - Rape in the second
			 degree;
(W) ORS 163.375 - Rape in
			 the first degree;
(X) ORS 163.385 -
			 Sodomy in the third degree;
(Y) ORS
			 163.395 - Sodomy in the second degree;
(Z) ORS 163.405 - Sodomy in the first
			 degree;
(A)(A) ORS 163.408 -
			 Unlawful sexual penetration in the second degree;
(B)(B) ORS 163.413 - Purchasing sex with a
			 minor;
(C(C) ORS 163.411 - Unlawful
			 sexual penetration in the first degree;
(D)(D) ORS 163.425 - Sexual abuse in the
			 second degree;
(E)(E) ORS 163.427 -
			 Sexual abuse in the first degree;
(F)(F) ORS 163.432 - Online sexual corruption
			 of a child in the second degree;
(G)(G) ORS 163.433 - Online sexual corruption
			 of a child in the first degree;
(H)(H) ORS 163.452 - Custodial sexual
			 misconduct in the first degree;
(I)(I) ORS 163.479 - Unlawful contact with a
			 child;
(J)(J) ORS 163.525 - Incest,
			 if the victim of the offense is a
child
;
(K)(K) ORS 163.535 - Abandonment of a
			 child;
(L)(L) ORS 163.537 - Buying
			 or selling a person under 18 years of age;
(M)(M) ORS 163.547 - Child neglect in the
			 first degree;
(N)(N) ORS 163.670 -
			 Using a child in display of sexually explicit conduct;
(O)(O) ORS 163.684 - Encouraging child sexual
			 abuse in the first degree;
(P)(P)
			 ORS 163.686 - Encouraging child sexual abuse in the second degree;
(Q)(Q) ORS 163.688 - Possession of materials
			 depicting sexually explicit conduct of a child in the first degree;
(R)(R) ORS 163.689 - Possession of materials
			 depicting sexually explicit conduct of a child in the second degree;
(S)(S) ORS 163.701 - Invasion of personal
			 privacy in the first degree, if the victim is a
child;
(T)(T) ORS
			 164.225 - Burglary in the first degree if the victim is a child or the subject
			 individual's spouse;
(U)(U) ORS
			 164.405 - Robbery in the second degree if the victim is a child or the subject
			 individual's spouse;
(V)(V) ORS
			 164.415 - Robbery in the first degree if the victim is a child or the subject
			 individual's spouse;
(W)(W) ORS
			 167.017 - Compelling prostitution, if the victim is a
child
or
			 the subject individual's spouse;
(X)(X) ORS 167.057 - Luring a
			 minor;
(Y)(Y) ORS 475C.369 -
			 Administration to another person under 18 years of age; or
(Z)(Z) ORS 475C.365 - Causing another person
			 to ingest marijuana, if the victim is a child or the subject individual's
			 spouse.