reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 330 - POLICY › Section 413-330-1120 - Contractor Requirements and Restrictions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The nontraditional contractor is a
			 contractor chosen for their unique capacity to support the child or young adult
			 based on the specific strengths and needs of the child or young adult as
			 identified in the strengths-and-needs-based service planning process.
(2) The nontraditional contractor focuses on
			 working with the family in addressing the specific strengths and needs of the
			 child or young adult. The nontraditional contractor gives special care to
			 planning activities that can eventually be maintained without the contractor's
			 involvement.
(3) A FOCUS short-form
			 contract is used the Department only to contract with a provider who is an
			 independent nontraditional contractor.
(4) A FOCUS short-form contractor must be at
			 least 18 years of age.
(5) A
			 contractor for a FOCUS short-form contract is selected by direct negotiations.
			 The Department negotiates directly with the contractor who is determined to be
			 the best able to meet the child or young adult's individualized needs at a
			 reasonable price. No informal or formal contractor selection and solicitation
			 process is required.
(6) Contracted
			 services must be provided by the contractor. The FOCUS short-form contract does
			 not allow subcontracting. A traditional contractor may use an employee or
			 volunteer to provide the contracted services. A nontraditional contractor must
			 provide the services themselves and cannot use an employee or volunteer to
			 provide the contracted services.
(7) A nontraditional contractor is no longer
			 considered nontraditional and instead considered a traditional contractor once
			 the total dollar amount of all contracts the individual has with the
			 Department's Treatment Services Program, regardless of funding source or
			 purpose, exceeds the limit set by the ODHS Designated Procurement Officer and
			 documented in the FOCUS short form contract template. At that point, the
			 insurance and liability coverage requirements increase. A traditional
			 contractor is required to meet all contractual insurance requirements,
			 including the requirement to obtain commercial general liability
			 insurance.
(8) The Department may
			 terminate a FOCUS short-form contract upon written notice to the contractor.
(9) A FOCUS short form contract
			 must utilize a template that has been approved in advance by the ODHS
			 Designated Procurement Officer and the Department of Justice. The printed
			 contract cannot be altered. If the format is changed by anyone, regardless of
			 the reason or circumstances, the contract cannot be executed and is void.
Statutory/Other Authority: ORS
				  409.050 & ORS
				  418.005
Statutes/Other Implemented: ORS
				  30.260-30.300,
				  ORS
				  279A.050-279A.155,
				  ORS
				  409.010,
				  ORS
				  670.600  & ORS
				  806.060
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 330 - POLICY › Section 413-330-1125 - Insurance

Current through Register Vol. 63, No. 7, July 1, 2024
Nontraditional contractor insurance requirements.
(1) Automobile Insurance
(a) If a nontraditional contractor is
			 providing a service that requires transporting the child or young adult in an
			 automobile, ODHS Child Welfare requires the nontraditional contractor to
			 provide proof of:
(A) A valid Oregon driver's
			 license; and
(B) Automobile
			 liability coverage that has limits not less than required by ORS
			 806.060 or
			 the limits required by the contract, whichever is greater. The nontraditional
			 contractor must have automobile insurance in effect during the entire term of
			 the FOCUS short-form contract.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 330 - POLICY › Section 413-330-1130 - Dispute Resolution

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a
			 short-form contract is used to contract with a nontraditional contractor, the
			 child or young adult's caseworker requests that the child or young adult and/or
			 their guardian sign a "Dispute Resolution Agreement." The child or young adult
			 or guardian and the ODHS are parties to the "Dispute Resolution Agreement." The
			 agreement provides a procedure to resolve disputes between the child or young
			 adult or guardian and the nontraditional contractor. The child or young adult
			 and guardian are encouraged to participate in good-faith in the dispute
			 resolution process.
(2) The child
			 or young adult and guardian's signatures on and participation in the dispute
			 resolution process are voluntary.
(3) Dispute resolution between the child or
			 young adult and guardian and a nontraditional contractor must be conducted in
			 accordance with procedures established by the Department.
Statutory/Other Authority: ORS
				  409.050 & ORS
				  418.005
Statutes/Other Implemented: ORS
				  30.260-30.300,
				  ORS
				  279A.050-279A.155,
				  ORS
				  409.010,
				  ORS
				  670.600  & ORS
				  806.060
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 330 - POLICY › Section 413-330-1135 - Fitness Determination for FOCUS Short-Form Contractors

Current through Register Vol. 63, No. 7, July 1, 2024
(1) FOCUS Short-Form contractors are subject
			 to a criminal records check as described in OAR 407-007-0200  through
			 407-007-0370. This process is facilitated through the local Department office
			 to which the child or young adult's case is assigned. The contractor must be
			 approved through this process prior to the commencement of services.
(2) To further protect children and young
			 adults from abuse, the Department's contractors are subject to Abuse Checks to
			 determine whether the contractor is fit to provide services. These rules are
			 described in OAR 407-007-0400  through OAR 407-007-0420.
(3) The Department maintains the
			 confidentiality of abuse checks information in accordance with its
			 administrative rules on confidentiality, OAR 413-010-0010  to
			 413-010-0075.
Statutory/Other Authority: ORS
				  409.050 & ORS
				  418.005
Statutes/Other Implemented: ORS
				  30.260-30.300,
				  ORS
				  279A.050-279A.155,
				  ORS
				  409.010,
				  ORS
				  670.600  & ORS
				  806.060
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 330 - POLICY › Section 413-330-1140 - Unauthorized Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The State of
			 Oregon is not obligated to pay for services obtained before the contract has
			 been written, approved, and signed by the contractor and a representative of
			 the Department who has contract approval authority.
(2) Only approved FOCUS Program staff or
			 Treatment Services Program Manager can authorize FOCUS funded Services. A
			 Department employee who authorizes a service that requires a contract, prior to
			 a contract being fully executed, or obtains a service not covered by a contract
			 without approval, may be held personally liable for the cost of the service.
Statutory/Other Authority: ORS
				  409.050 & ORS
				  418.005
Statutes/Other Implemented: ORS
				  30.260-30.300,
				  ORS
				  279A.050-279A.155,
				  ORS
				  409.010,
				  ORS
				  670.600  & ORS
				  806.060
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 330 - POLICY › Section 413-330-1145 - Delegation of FOCUS Short-Form Contract Approval Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Authority to
			 approve FOCUS short-form contracts has been delegated to the Department's
			 Designated Procurement Officer.
(2)
			 The Department's Designated Procurement Officer may subdelegate the authority
			 to execute contracts to other individuals within the Department, provided this
			 subdelegation is in accordance with a written alterative subdelegation plan and
			 maintained on file with the Department's Designated Procurement Officer.
(3) Each individual in the Chain
			 of Delegation remains responsible for the exercise of authority by that
			 individual's subdelegatees and subdelgation does not waive this responsibility.
			 Each delegator must determine and document that the subdelegatee is capable and
			 accountable for the Procurement. The Designated Procurement Officer within the
			 Department is responsible for all delegated procurement activity on the behalf
			 of the Department as described in OAR 125-246-0170.
Statutory/Other Authority: ORS
				  409.050 & ORS
				  418.005
Statutes/Other Implemented: ORS
				  30.260-30.300,
				  ORS
				  279A.050-279A.155,
				  ORS
				  409.010,
				  ORS
				  670.600  & ORS
				  806.060
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 330 - POLICY › Section 413-330-1150 - Responsibilities of Department Program Managers with Delegated Authority

Current through Register Vol. 63, No. 7, July 1, 2024
A Department Program Manager with delegated approval authority
				is responsible for the following duties relating to FOCUS short-form contracts.
				The responsibility for the duties may or may not be further delegated as
				follows:
(1) A Department Program
			 Manager may delegate the duty:
(a) To
			 determine whether the contractor has a criminal history record that would
			 prevent the Department from contracting with the contractor (
see
OAR 407-007-0200  through 407-007-0370).
(b) To determine whether there are concerns
			 or reasons why using the contractor may not be in the best interests of the
			 child or young adult due to Child Welfare history.
(c) To determine whether the services are
			 necessary and whether all other funding sources have been ruled out.
(d) To determine whether a contractor is an
			 independent contractor.
(e) To
			 determine whether a contractor is a traditional or nontraditional contractor.
(f) To determine whether a
			 contractor has the required insurance.
(g) To negotiate the following contract
			 conditions:
(i) Services;
(ii) Expected outcomes and outcome
			 measurement procedures;
(iii)
			 Contract begin date;
(iv) Contract
			 end date; and
(v) Contract payment
			 rate and number of services units.
(h) To monitor and act as the Department's
			 Contract Administrator for the FOCUS short-form contract.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 1 - COMMISSION FOR CHILD CARE › Section 414-001-0005 - Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
The Commission for Child Care hereby adopts the Attorney
				General's Model Rules of Procedure under the Administrative Procedure Act,
				effective March 27, 2000.
Stat. Auth.: ORS 657A
Stats. Implemented: ORS
				  657A.600
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 1 - COMMISSION FOR CHILD CARE › Section 414-001-0010 - Expenses

Current through Register Vol. 63, No. 7, July 1, 2024
As used in ORS
				657A.620, "actual and necessary
				travel expenses" includes, but is not limited to, payment of expenses for child
				care.
Stat. Auth.: ORS
				  657.610
Stats. Implemented: ORS
				  657A.620
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 2 - PROCEDURAL RULES › Section 414-002-0000 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply to OAR 414-002-0001 unless
				otherwise indicated:
(1) "Department"
			 or "DELC" refers to the Department of Early Learning and Care and the operating
			 sub-units of the Department of Early Learning and Care.
(2) "Person" includes any natural person,
			 corporation, partnership, firm, or association.
(3) "Photocopy(ing)" includes a photograph,
			 microphotograph and any other reproduction on paper or film in any scale, or
			 the process of reproducing, in the form of a photocopy, a public
			 record.
(4) "Public record"
			 includes any writing that contains information relating to the conduct of the
			 public's business that is prepared, owned, used or retained by the Department
			 regardless of physical form or characteristics.
(5) "Requestor" refers to a person requesting
			 inspection, copies, or other reproduction of a public record of the
			 Department.
(6) "Writing" means
			 handwriting, typewriting, printing, photographing and every means of recording,
			 including letters, words, pictures, sounds, or symbols, or combination thereof,
			 and all papers, maps, files, facsimiles or electronic recordings. It includes
			 information stored on computer tape, microfiche, photographs, films, tape or
			 videotape or that is maintained in a machine readable or electronic
			 form.
Statutory/Other Authority: ORS 192.311 to 192.478
Statutes/Other Implemented: ORS 192.311 to
				  192.478
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 2 - PROCEDURAL RULES › Section 414-002-0001 - Fees for Inspection or Copies of Public Records and Department Publications; Other Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department may charge a fee reasonably calculated to reimburse the Department
			 for the cost of making public records available:
(a) Costs include but are not limited to:
(A) The services and supplies used in making
			 the records available;
(B) The time
			 spent locating the requested records, reviewing the records, and redacting, or
			 separating material exempt from disclosure;
(C) Supervising a person's inspection of
			 original documents;
(D) Copying
			 records;
(E) Certifying copies of
			 records;
(F) Summarizing,
			 compiling, or organizing the public records to meet the person's
			 request;
(G) Searching for and
			 reviewing records even if the records subsequently are determined to be exempt
			 from disclosure;
(H) Postal and
			 freight charges for shipping the copies of the public records, sent first class
			 or bulk rate based on weight, or other reasonable rates charged by the selected
			 freight carrier;
(I) Indirect costs
			 or third-party charges associated with copying and preparing the public
			 records; and
(J) Costs associated
			 with electronic retrieval of records.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 2 - PROCEDURAL RULES › Section 414-002-0005 - Notice of Proposed Rule

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Before
			 permanently adopting, amending or repealing any rule, the Early Learning
			 Council shall give notice of the proposed adoption, amendment or repeal:
(a) In the Secretary of State's Bulletin
			 referred to in ORS 183.360 at least 21 days prior
			 to the effective date of the rule to be adopted;
(b) By mailing or e-mailing, at least 28 days
			 before the effective date of the rule, a copy of the notice to persons on the
			 Council's mailing list established pursuant to ORS
			 183.335(8);
(c) By mailing or e-mailing a copy
			 of the notice to the legislators specified in ORS
			 183.335(15) at
			 least 49 days before the effective day of the rule; and,
(d) By mailing or e-mailing a copy of the
			 notice to persons, organizations and publications identified by the Council and
			 established educational, student and parent organizations that have submitted
			 mailing or e-mailing addresses to the Council.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 2 - PROCEDURAL RULES › Section 414-002-0010 - Model Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to the provisions of ORS
				183.341, the Early Learning
				Council adopts the Attorney General's Model Rules of Procedure under the
				Administrative Procedure Act in effect on January 1, 2012.
The full text of the Attorney General's Model Rules of
				  Procedure is available from the office of the Attorney General or the Oregon
				  Education Investment Council.
Stat. Auth.: ORS
				  183.341
Stats. Implemented: ORS
				  183.34
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 2 - PROCEDURAL RULES › Section 414-002-0015 - Mediation Confidentiality Model Rule

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS
				36.224 and OAR 137-005-0050, the
				Department adopts by reference OAR 137-005-0052  Mediation Confidentiality as
				promulgated by the Attorney General effective as of November 13, 2018.
Statutory/Other Authority: ORS
				  36.224
Statutes/Other Implemented: ORS
				  36.224
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 50 - GENERAL AND INTERNAL RULES › Section 414-050-0000 - Hearings and Rulemaking Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
The Attorney General's Model Rules of Procedure effective
				December 9, 2003 shall be applicable to rulemaking functions and to all
				contested case hearings of the Child Care Licensing Division of the Department
				of Early Learning and Care.
Statutory/Other Authority: ORS
				  326.430 & ORS
				  329A.020
Statutes/Other Implemented: ORS
				  326.430
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 50 - GENERAL AND INTERNAL RULES › Section 414-050-0005 - Rules Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
Prior to the adoption, amendment, or repeal of any permanent
				rule, the Department shall give notice of the proposed adoption, amendment, or
				repeal:
(1) In the Secretary of
			 State's Bulletin referred to in ORS
			 183.360 at least twenty-one (21)
			 days prior to the effective date.
(2) By mailing, e-mailing or faxing a copy of
			 the notice to persons on the applicable Department mailing list established
			 pursuant to ORS 183.335(7) at
			 least twenty-eight (28) days prior to the effective date.
(3) By mailing, e-mailing or faxing a copy of
			 the notice to the legislators specified in ORS
			 183.335(15) of
			 this section at least 49 days before the effective date.
(4) By mailing a copy of the notice to the:
(a) Associated Press;
(b) United Press International;
(c) The Capitol Press Room; and
(d) A newspaper of statewide
			 circulation.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 50 - GENERAL AND INTERNAL RULES › Section 414-050-0010 - Social Security Numbers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department will not issue or renew a registration, certification or enrollment
			 unless an applicant provides their social security number on the application or
			 renewal form. The applicant need not provide the social security number on the
			 application for renewal, if the applicant's social security number has
			 previously been provided to the Department and is in the record.
(2) If an applicant has not been issued a
			 social security number by the United States Social Security Administration, the
			 Department will accept a written statement from the applicant to fulfill the
			 requirements of section (1). The applicant may submit the written statement on
			 the "Department Statement of No Social Security Number" form. Any written
			 statement submitted must:
(a) Be signed by
			 the applicant;
(b) Attest to the
			 fact that no social security number has been issued to the applicant by the
			 United States Social Security Administration; and
(c) Acknowledge that knowingly supplying
			 false information under this section is a Class A misdemeanor, punishable by
			 imprisonment of up to one year and a fine of up to $6250.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 55 - RATES FOR COMMISSIONER PER DIEM AND REIMBURSEMENT › Section 414-055-0000 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Commission or
			 Council" means those official bodies identified in ORS
			 326.425.
(2) "Qualified member" means a member who is
			 not in full-time public service and who had an adjusted gross income in the
			 previous tax year:
(a) Of less than $50,000,
			 as reported on an income tax return other than a joint income tax return;
			 or
(b) Of less than $100,000, as
			 reported on a joint income tax return.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 55 - RATES FOR COMMISSIONER PER DIEM AND REIMBURSEMENT › Section 414-055-0005 - Per Diem Compensation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Subject
			 to the availability of funds in the budget of the Commission or Council, and
			 except as otherwise provided by law, the Department shall pay any member of a
			 Commission or Council, other than a member who is employed in full-time public
			 service, compensation for each day or portion thereof during which the member
			 is actually engaged in the performance of official Commission or Council
			 duties.
(2) The rate of
			 compensation per day pursuant to ORS
			 292.495(5) is
			 equal to the per diem paid to members of the Legislative Assembly under ORS
			 171.072.
(3) A member of a Commission or Council may
			 decline to accept compensation or reimbursement of expenses related to the
			 member's service on the Commission or Council.
(4) In order to receive compensation, a
			 member must submit to the Department a signed written request for compensation
			 within 30 days of the meeting or work performed. The member must specify the
			 date, name, type of meeting(s) or work, and the number of full or partial days
			 the member spent performing official Commission or Council business.
Statutory/Other Authority: ORS
				  292.495
Statutes/Other Implemented: ORS
				  292.495 & ORS
				  326.425
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 55 - RATES FOR COMMISSIONER PER DIEM AND REIMBURSEMENT › Section 414-055-0010 - Reimbursement of Travel and Other Expenses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as otherwise provided by law, the
			 Department may reimburse all members of Commissions and Councils, including
			 those employed in full-time public service, for actual and necessary travel or
			 other expenses actually incurred in the performance of their official duties
			 within the limits provided by law or by the Oregon Department of Administrative
			 Services under ORS 292.210 to
			 292.250.
(2) Except as provided in subsection (5) of
			 this section, and notwithstanding any other provision of law, the Department
			 shall provide reimbursement to a qualified member of the Commission or Council
			 for actual and necessary travel or other expenses actually incurred in the
			 performance of a member's official duties within the limits provided by law or
			 by the Oregon Department of Administrative Services under ORS
			 292.210 to
			 292.250.
(3) For the purposes of this rule, in order
			 to be considered a qualified member, a member may attest by signature that they
			 meet the conditions and income limits specified in 414-055-0000(2).
(4) In order to receive reimbursement of
			 actual and necessary travel and other expenses, a member must submit to the
			 Department a travel expense claim for reimbursement supported by receipts,
			 invoices or other appropriate documentation for travel and other expenses
			 within 30 days following the day the member incurred the expense.
(5) A member of a Commission or Council may
			 decline to accept compensation or reimbursement of expenses related to the
			 member's service on the Commission or Council.
Statutory/Other Authority: ORS
				  292.495
Statutes/Other Implemented: ORS
				  292.495 & ORS
				  326.425
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 55 - RATES FOR COMMISSIONER PER DIEM AND REIMBURSEMENT › Section 414-055-0015 - Reimbursement for Hiring a Substitute

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in OAR 414-055-0010(4), "other
			 expenses" includes expenses incurred by a member of the Commission or Council
			 in employing a substitute to carry out duties, including personal duties,
			 normally performed by the member, which the member is unable to carry out
			 because of the performance of official duties and which, by the nature of such
			 duties, cannot be delayed without risk to health or safety.
(2) The amount that a member may be
			 reimbursed for expenses incurred in employing a substitute must not exceed $25
			 per day, pursuant to ORS
			 292.495(3).
Statutory/Other Authority: ORS
				  292.495
Statutes/Other Implemented: ORS
				  292.495 & ORS
				  326.425
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 61 - CENTRAL BACKGROUND REGISTRY › Section 414-061-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 will conduct criminal records checks, child abuse and neglect records checks,
			 and checks of foster care certification and adult protective services on
			 subject individuals, as defined in OAR 414-061-0030, for enrollment of subject
			 individuals in the Central Background Registry.
(2) These rules provide guidelines on how the
			 Department conducts criminal records and child abuse and neglect records checks
			 on subject individuals, checks a subject individual's foster care certification
			 and adult protective services history, obtains relevant records when necessary,
			 applies such information to its determination about the suitability of the
			 subject individual, and enrolls approved subject individuals in the Central
			 Background Registry.
Statutory/Other Authority: ORS
				  329A.030(7)
Statutes/Other Implemented: ORS
				  329A.030
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 61 - CENTRAL BACKGROUND REGISTRY › Section 414-061-0010 - Scope of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Consistent with
			 the purposes of these rules, the Department will issue decisions about persons
			 defined as subject individuals as to their suitability to be enrolled in the
			 Central Background Registry and employed in programs defined as "Requesting
			 Agencies" in OAR 414-061-0020(32).
(2) These rules (OAR 414-061-0000  through
			 414-061-0120) shall be construed and implemented consistent with the
			 regulations governing:
(a) Child care
			 licensing in OAR 414-205-0000  through 414-205-0170, 414-305-0100  through
			 414-305-01640, 414-350-0000  through 414-350-0405  and 414-310-0000 through
			 414-310-0720;
(b) Pre-kindergarten
			 programs in 414-460-0000  through 414-460-0075;
(c) Parent-as-teacher programs in
			 414-470-0000  through 414-470-0075;
(d) Early childhood special education and
			 early intervention programs in OAR 581-015-2700  through 581-015-2910;
(e) Subsidized Care Facilities as defined in
			 414-061-0020(35);
(f) School Age
			 Recorded Programs in OAR 414-425-0000  through 414-425-0040; and
(g) Preschool Recorded Programs in OAR
			 414-450-0000  through 414-450-0040.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 61 - CENTRAL BACKGROUND REGISTRY › Section 414-061-0030 - Subject Individuals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of
			 criminal records checks, including fingerprint-based criminal records checks,
			 and child abuse and neglect records checks, foster care or adult protective
			 services checks, "Subject Individual" means a person who is or applies to be:
(a) The owner, operator or an employee or
			 volunteer of a certified, registered or otherwise regulated facility caring for
			 children that is subject to the jurisdiction of the Department;
(b) The operator or an employee of an Oregon
			 pre-kindergarten program or parent-as-teacher program under ORS
			 329.170 to
			 329.200;
(c) The operator or an employee of a federal
			 Head Start Program regulated by the United States Department of Health and
			 Human Services;
(d) A designated
			 employee or a contractor with the Department;
(e) A contractor or an employee of the
			 contractor who provides early childhood special education or early intervention
			 services pursuant to ORS
			 343.455 to
			 343.534 and is not subject to
			 the criminal records check requirements of ORS
			 326.603 or ORS
			 326.223;
(f) A child care provider who is required to
			 be enrolled in the Central Background Registry by any state agency.
(g) A designated contractor, employee or
			 volunteer of a Metro Service District.
(h) A provider of respite services as defined
			 in ORS 418.205 for parents pursuant to
			 a properly executed power of attorney under ORS
			 109.056.
(k) On or after July 1, 2025, and beginning
			 September 1, 2022 through June 30, 2025 unless holding an unexpired ODHS
			 Background Check:
(A) An individual who
			 operates or plans to operate a subsidized care facility;
(B) An individual who has attained 18 years
			 of age and is a household member in a subsidized care facility;
(C) An individual in a subsidized care
			 facility who has attained 18 years of age and who may have unsupervised contact
			 with children;
(l) On or
			 after January 1, 2023, and on or after September 1, 2022 through December 31,
			 2022 if the individual submits an application for enrollment, the operator or
			 an employee of a preschool recorded program or a school-age recorded
			 program
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 61 - CENTRAL BACKGROUND REGISTRY › Section 414-061-0035 - Applications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As part of an
			 initial or renewal application, a subject individual must submit requested fee
			 and provide all information required for a criminal records check, a child
			 abuse and neglect records check, a foster care certification check, and an
			 adult protective services check; including:
(a) A properly completed and signed
			 Application for Enrollment in the Department's Central Background Registry,
			 available from the agency;
(b) For
			 a subject individual who acknowledges criminal history, child abuse and neglect
			 history, foster care certification history, or adult protective services
			 history, an explanation of the history and any steps the subject individual has
			 taken to address the history;
(c)
			 Consent to the use of the subject individual's social security number or other
			 personally identifying information for criminal records checks, child abuse and
			 neglect records checks, foster care certification checks or adult protective
			 services checks, for identifying enrollees in the Central Background Registry,
			 for sharing information with other governmental agencies their contractors or
			 designees to verify child care licensing status for child care payments, and
			 for compiling statistical information for program planning and
			 evaluation;
(d) The information
			 required for the FBI criminal records check under OAR 414-061-0080;
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 61 - CENTRAL BACKGROUND REGISTRY › Section 414-061-0040 - Limitations of Criminal and Judicial Inquiries

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Only Department
			 employees or contractors who have been fingerprinted and cleared by the Oregon
			 State Police shall access or have access to criminal records information
			 pursuant to a valid agency agreement, as defined in OAR 414-061-0020(23). All
			 such information shall be handled in compliance with the agency agreement and
			 rules and procedures of the Oregon State Police relating to the criminal
			 records information (OAR 257-015-0000  to 257-015-0100). It is the
			 responsibility of the Department to assure strict compliance with federal and
			 state laws, rules, and procedures regarding, access, dissemination,
			 maintenance, and destruction of criminal records information.
(2) Criminal records information obtained
			 from OSP, the FBI, or another criminal records repository will not be used for
			 any purpose other than that for which it was obtained nor given to unauthorized
			 persons or agencies.
(3) Criminal
			 records information, including fingerprint-based criminal records information
			 held by the FBI, OSP or other state, county or municipal law enforcement agency
			 and records of all state, federal or municipal judicial proceedings information
			 shall be obtained by the Department to determine whether a subject individual
			 has criminal history which is related to enrollment in the Central Background
			 Registry.
(4) If a subject
			 individual has been convicted of a crime which is related to enrollment in the
			 Central Background Registry, the subject individual will be notified by the
			 Department that they:
(a) Has a right to
			 inspect and challenge the accuracy of their Oregon criminal records by
			 contacting the Oregon State Police;
(b) May challenge the accuracy or
			 completeness of any entry on the subject individual's criminal records provided
			 by the FBI by filing a challenge with the FBI's CJIS Division.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 61 - CENTRAL BACKGROUND REGISTRY › Section 414-061-0045 - Disqualifying Conditions for Enrollment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A subject
			 individual has a disqualifying condition and is ineligible for enrollment in
			 the Central Background Registry if such individual:
(a) Refuses to consent to the Department's
			 criminal background check or required fingerprinting;
(b) Knowingly makes or has knowingly made a
			 materially false statement in connection with their application for initial
			 enrollment or renewal of their enrollment in the Central Background Registry,
			 including but not limited to the required criminal background check, or the
			 individual's records or history related to child abuse and neglect, foster
			 care, or adult protective services;
(c) Is registered, or is required to be
			 registered, on any State, tribal, or US territory sex offender registry or
			 repository or the National Sex Offender Registry; or
(d) Has been convicted of a felony or
			 misdemeanor consisting of:
(A) Aggravated
			 murder, murder, criminal homicide, aggravated vehicular homicide, or
			 manslaughter in the first degree as defined by ORS
			 163.005, ORS
			 163.095, ORS
			 163.115, ORS
			 163.118, or ORS
			 163.149;
(B) Child abuse or neglect, or other crimes
			 against children as defined by ORS
			 163.207, ORS
			 163.405, ORS
			 163.408, ORS163.432, ORS
			 163.433, ORS
			 163.435, ORS
			 163.525, ORS
			 163.535, ORS
			 163.537, ORS
			 163.545, ORS
			 163.547, ORS
			 163.555, ORS
			 163.575, ORS
			 163.670, ORS
			 163.684, ORS
			 163.686, ORS
			 163.687, ORS
			 163.688, or ORS
			 163.689;
(C) A crime involving rape, sexual assault,
			 sexual abuse, sodomy, sexual misconduct or other sexual offenses as defined by;
			 ORS 163.365, ORS
			 163.375, ORS
			 163.385, ORS
			 163.395, ORS
			 163.405, ORS
			 163.408, ORS
			 163.411, ORS
			 163.413, ORS
			 163.415, ORS
			 163.425, ORS
			 163.427,
			 163.445, ORS
			 163.452, or ORS
			 163.454, or any crime listed in
			 definition of sex crime in ORS
			 163A.005.
(D) Kidnapping or trafficking in persons as
			 defined by ORS 163.225, ORS
			 163.235 or ORS
			 163.266;
(E) Arson as defined in ORS
			 164.315 or ORS
			 164.325;
(F) Physical assault or battery as defined by
			 ORS 163.165, ORS
			 163.175, ORS
			 163.185, ORS
			 163.187; ORS
			 163.160(3)-(5);
			 or
(G) A drug-related offense under
			 ORS chapter 475 or 475B, or defined under 167.262, committed during the
			 preceding five years, that results in the conviction of the subject individual
			 of a Class A felony, Class B felony, Class C felony, or a Class A
			 Misdemeanor.
(H) Sexual assault of
			 an animal as defined in ORS
			 167.333
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 61 - CENTRAL BACKGROUND REGISTRY › Section 414-061-0050 - History to Be Considered

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 has determined that serious felonies and misdemeanors involving violence or
			 unauthorized sexual conduct, especially with children or otherwise vulnerable
			 persons, is fundamentally inconsistent with any responsibility for care of
			 children. Conviction of crimes listed in Category I of this rule shall
			 disqualify a subject individual from being enrolled in the Central Background
			 Registry, unless the subject individual provides sufficient evidence of
			 suitability as described in section (10) of this rule.
(a) The Department will consider conviction
			 of the following crimes for 15 years or less prior to the date the subject
			 individual signed the Application for Enrollment in the Department's Central
			 Background Registry. The 15 years will run from the date of arrest, citation,
			 charge, or conviction whichever is later.
(A)
			 163.515 Bigamy.
(B) 164.225
			 Burglary in the first degree.
(C)
			 163.275 Coercion.
(D) 163.200
			 Criminal mistreatment in the second degree.
(E) 166.270 Possession of weapons by certain
			 felons.
(F) 166.720 Racketeering
			 activity unlawful; penalties.
(G)
			 164.405 Robbery in the second degree.
(H) 164.395 Robbery in the third
			 degree.
(I) 163.445 Sexual
			 misconduct.
(J) 163.732
			 Stalking.
(K) 162.185 Supplying
			 contraband.
(L) 166.220 Unlawful
			 use of weapon.
(M) 163.257
			 Custodial interference in the first degree.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 61 - CENTRAL BACKGROUND REGISTRY › Section 414-061-0060 - Requirements of Requesting Agencies

Current through Register Vol. 63, No. 7, July 1, 2024
Requesting agencies, as defined in OAR 414-061-0020(32), must
				comply with the following requirements:
(1) A requesting agency's application forms
			 must contain a notice that employees and other persons who are subject
			 individuals must be enrolled in the Central Background Registry and that
			 employment is subject to fingerprinting, criminal records checks, child abuse
			 and neglect records check, foster care certification check, and adult
			 protective services check.
(2) A
			 requesting agency may hire a subject individual on a probationary basis if the
			 subject individual is conditionally enrolled in the Central Background
			 Registry. Conditionally enrolled individuals shall not have unsupervised access
			 to childcare children at any time. A requesting agency may hire a subject
			 individual on a permanent basis if the subject individual is enrolled in the
			 Central Background Registry.
(3) A
			 requesting agency shall not hire or continue to employ on a probationary or
			 permanent basis an individual if the individual is not enrolled in the Central
			 Background Registry or has been removed from the Central Background Registry
			 and has not been re-enrolled.
(4) A
			 requesting agency may allow a subject individual who is not yet enrolled or
			 conditionally enrolled in the Central Background Registry to participate in
			 training, orientation and work activities if the training, orientation and work
			 activities are at a location other than the child care facility or are
			 conducted at the facility when children are not present and the subject
			 individual is not in contact with any children.
Statutory/Other Authority: ORS
				  329A.030(7)
Statutes/Other Implemented: ORS
				  329A.030
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 61 - CENTRAL BACKGROUND REGISTRY › Section 414-061-0065 - Requirements for Reciprocal Agreement Programs

Current through Register Vol. 63, No. 7, July 1, 2024
A reciprocal agreement program must enter into a reciprocal
				agreement with the Department that provides for sharing information on
				enrollment status of the individuals described in OAR 414-061-0020(16)(a) and
				(b)  respectively, and for the recovery of administrative, including direct and
				indirect costs incurred by the Department from the participation in the
				agreement.
Statutory/Other Authority: ORS
				  329A.030(7)
Statutes/Other Implemented: ORS
				  329A.030
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 61 - CENTRAL BACKGROUND REGISTRY › Section 414-061-0070 - Procedures for Conducting Criminal Records Checks, Child Abuse and Neglect Records Checks, Foster Care Certification Checks and Adult Protective Services Checks

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 shall perform a criminal records check, child abuse and neglect records check,
			 foster care certification check, and adult protective services check on all
			 subject individuals who:
(a) Are currently
			 enrolled in the Central Background Registry as of January 1, 2017; or
(b) Submit an initial or renewal application
			 for enrollment in the Department's Central Background Registry after January 1,
			 2017
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 61 - CENTRAL BACKGROUND REGISTRY › Section 414-061-0075 - Duty of Subject Individuals

Current through Register Vol. 63, No. 7, July 1, 2024
A subject individual who is conditionally enrolled or enrolled
				in the CBR shall inform the Department within 30 days of the date of any change
				in their mailing address, phone number or email listed on their application
				materials.
Statutory/Other Authority: ORS
				  329A.030(7)
Statutes/Other Implemented: ORS
				  329A.030, HB 2259
				  (2017)
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 61 - CENTRAL BACKGROUND REGISTRY › Section 414-061-0080 - Procedures for Conducting FBI Criminal History Checks

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An FBI criminal
			 records check will be done on all subject individuals who:
(a) Are currently enrolled in the CBR;
			 or
(b) Are submitting an
			 application for enrollment in the Department's Central Background
			 Registry.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 61 - CENTRAL BACKGROUND REGISTRY › Section 414-061-0090 - Central Background Registry Enrollment Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A subject
			 individual shall be approved for enrollment that is not a conditional or
			 limited enrollment in the Central Background Registry if the Department has
			 determined that the individual:
(a) Has
			 provided all information and/or documents requested by the
			 Department;
(b) Has no history as
			 described in OAR 414-061-0045, 414-061-0050, or OAR 414-061-0075  or has dealt
			 with the issues and provided adequate evidence of suitability;
(c) Has completed the application;
(d) Has paid the applicable fee;
			 and
(e) Has complied with the rules
			 of the Department adopted pursuant to the Central Background Registry (OAR
			 414-061-0000  through 414-061-0120).
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 61 - CENTRAL BACKGROUND REGISTRY › Section 414-061-0100 - Denial Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A subject
			 individual may be denied enrollment in the Central Background Registry if the
			 individual:
(a) Has been determined not
			 suitable;
(b) Has misrepresented
			 information or failed to submit requested information or
			 documentation;
(c) Has been charged
			 with, arrested for, or a warrant for a Category I or Category II crime in OAR
			 414-061-0050  with final disposition not yet reached;
(d) Has an open child abuse or neglect
			 investigation, or a substantiated finding of abuse or neglect against an adult,
			 or law enforcement case with final disposition not yet reached;
(e) Is in a diversion program or similar
			 agreement and has failed to provide written documentation of compliance with
			 the terms of diversion or the agreement; or
(f) Has been charged with, arrested for, or
			 has a warrant for a crime listed in OAR 414-061-0045(1)(d)  or of a crime from
			 another jurisdiction that is substantially similar.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 61 - CENTRAL BACKGROUND REGISTRY › Section 414-061-0110 - Removal Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An individual
			 enrolled in the Central Background Registry shall be removed or suspended from
			 the Registry by the Department if, during the period of enrollment, the
			 individual;
(a) Has been determined not
			 suitable for enrollment in the Registry;
(b) Has misrepresented information or failed
			 to submit requested information or documentation;
(c) Is in a diversion program or similar
			 agreement and has failed to provide written documentation of compliance with
			 the terms of diversion or the agreement; or
(d) Has a disqualifying condition listed in
			 OAR 414-061-0045.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 61 - CENTRAL BACKGROUND REGISTRY › Section 414-061-0120 - Rights for Review and Contested Case Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 shall afford subject individuals the right to appeal a decision made by the
			 Department that the subject individual is denied, suspended, or removed from
			 enrollment from the Central Background Registry through a contested case
			 hearing pursuant to ORS
			 183.413 through
			 183.470. Subject individuals
			 must submit a request for a contested case hearing in writing.
(2) The Department does not have authority to
			 change decisions, records, or information from other agencies.
(3) The Department is entitled to rely on the
			 criminal records, child abuse and neglect records and information, foster care
			 and adult protective services records and information or child abuse and
			 neglect information until notified that the information has been changed or
			 corrected in a manner that would alter the the Department's decision.
(4) To preserve the confidentiality of the
			 records and the privacy of the subject individual, any contested case hearing
			 will not be open to the public unless requested by the subject
			 individual.
(5) A subject
			 individual who is also an employee of the licensing unit of the Department and
			 who is determined unsuitable for enrollment in the Central Background Registry
			 may appeal the determination through either the contested case process or
			 applicable personnel rules, policies and collective bargaining provisions. A
			 subject individual's decision to appeal a determination through personnel
			 rules, policies and collective bargaining provisions shall constitute an
			 election of remedies as to the rights of the subject individual with respect to
			 the disqualification determination and shall constitute waiver of the contested
			 case process.
Statutory/Other Authority: ORS
				  329A.030(7)
Statutes/Other Implemented: ORS
				  329A.030; HB 2259
				  (2017)