Or. Admin. Code § 407-007-0317

Current through Register Vol. 63, No. 12, December 1, 2024

Section 407-007-0317 - Approval with Exception for Certain Subject Individuals

(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.

(2) An SI is eligible for an Approval with Exception if all the following conditions are met:

(a) The QED has submitted the background check to BCU.

(b) The SI has submitted fingerprint capture, the fingerprint criminal records check has been completed, and the results have been returned to BCU;

(c) Requested documentation required for the out of state child abuse check has been completed by the SI and BCU, and BCU has submitted the documentation to the other state for the abuse check;

(d) BCU has not received child abuse or neglect check results from the other state within 14 calendar days of submission to that other state;

(e) The only information pending on the background check is the out of state abuse check results; and

(f) Based on all the information currently available to BCU on the SI's Oregon and national criminal records check and Oregon adult and child abuse checks, the final fitness determination appears to be approved in accordance with OAR 407-007-0320.

(3) Should BCU at any time, after an Approval with Exception, receive a negative finding response from a request to another state made in section (2) of this rule, BCU shall either:

(a) Rescind the Approval with Exception and continue with the background check process which may include gathering further information and conducting a weighing test pursuant to OAR 407-007-0300, or

(b) Notify the QE that a new background check is required.

Or. Admin. Code § 407-007-0317

DHSD 9-2019, temporary adopt filed 07/26/2019, effective 7/29/2019 through 01/24/2020

Statutory/Other Authority: ORS 181A200 & 409.050

Statutes/Other Implemented: ORS 181A.195, 181A.200, 409.010. 409.027