Oregon Administrative Rules › Chapter 407 - DEPARTMENT OF HUMAN SERVICES › Division 7 - CRIMINAL HISTORY AND ABUSE CHECKS › Section 407-007-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the definitions in OAR 125-007-0210, the
				following definitions apply to OAR 407-007-0000  to 407-007-0640  unless
				otherwise noted:
(1) "Abuse" has the
			 meaning defined in the statutes ORS 124.005(1), 418.257(1), 419B.005(1), and
			 430.735(1), and in the rules promulgated to enact these statutes, corresponding
			 to the setting in which the abuse was alleged or investigated and the
			 vulnerable individuals associated with this abuse.
(2) "Abuse check" means obtaining and
			 reviewing abuse allegations, abuse investigation reports, and associated
			 exhibits and documents for the purpose of determining whether an SI has
			 potentially disqualifying abuse.
(3) "Abuse investigation report" means a
			 written report completed after an investigation into suspected abuse and
			 retained by the Department or the Authority pursuant to ORS 124.085, 418.259,
			 419B.030, or 430.757, or a similar report filed in another state agency or by
			 another state.
(4) "Appeal process"
			 means the process of contesting a final fitness determination of denied or
			 approved with restrictions.
(5)
			 "Approved" means that a subject individual, following a final fitness
			 determination, is fit to work, volunteer, be employed, or otherwise perform in
			 the position listed in the criminal records check request.
(6) "Approved with restrictions" or
			 restricted approval means an approval in which some restriction is made to the
			 position listed in the criminal records check request including but not limited
			 to the SI, the SI's environment, the type or number of clients for whom the SI
			 may provide care, or the information to which the SI has access.
(7) "Authority" means the Oregon Health
			 Authority.
(8) "Authorized designee
			 (AD)" means an individual whom the Department designates and authorizes to
			 receive and process criminal records and abuse check requests from SIs;
			 criminal records information, abuse investigation reports, and any other
			 information gathered during the background check process; and to make fitness
			 determinations.
(9) "Background
			 check" means a criminal records check and an abuse check.
(10) "Background check submission date" means
			 the date when the Background Check Unit receives a request for a criminal
			 records check or abuse check as required by Oregon statute or administrative
			 rule, including the subject individual's authorization for the
			 checks.
(11) "Background Check
			 Unit" means the Background Check Unit (BCU), a Shared Services unit which
			 conducts criminal records checks, abuse checks and fitness determinations for
			 the Department and the Authority.
(12) "Care" means the provision of care,
			 treatment, education, training, instruction, supervision, placement services,
			 recreation, or support to children, the elderly, or individuals with
			 disabilities (see ORS 181A.200).
(13) "Client" means any individual who
			 receives services, care, or funding for care through the Department or the
			 Authority.
(14) "Criminal Justice
			 Information" (CJI) means all of the Federal Bureau of Investigation (FBI)
			 Criminal Justice Information Systems (CJIS) provided data necessary for law
			 enforcement and civil agencies to perform their missions including but not
			 limited to biometric, identity history, biographic, property, and case/incident
			 history data. CJI also includes data stored in the Oregon Law Enforcement Data
			 System (LEDS), the National Criminal Information Center (NCIC), and other
			 criminal justice information systems files. See FBI CJIS Security Policy,
			 version 5.9.4 (12/20/2023) or current version.
(15) "Criminal records check" means obtaining
			 and reviewing criminal records and includes either or both of the following:
(a) An Oregon criminal records check where
			 criminal offender information is obtained from Oregon State Police (OSP) using
			 LEDS.
(b) A national criminal
			 records check where criminal records are obtained from the FBI through the use
			 of fingerprint cards sent to OSP and other identifying information. A national
			 criminal records check also includes criminal records obtained from the FBI
			 exclusively through the use of identifying information if the FBI has
			 determined that the SI's fingerprints are illegible.