Or. Admin. Code § 416-800-0010
Current through Register Vol. 63, No. 10, October 1, 2024
Section 416-800-0010 - Definitions(1) Approved: Pursuant to a preliminary Fitness Determination under OAR 416-800-0041 or a final Fitness Determination under OAR 416-800-0050, OYA has determined that the Subject Individual is fit to be an employee, Volunteer, Foster Care Provider, contractor, or vendor in a position covered by OAR 416-800-0020.(2) Conviction: A final judgment on a verdict or finding of guilty, a plea of guilty, a plea of nolo contendere (no contest), or any determination of guilt entered by a court of law against a Subject Individual in a criminal case, unless that judgment has been reversed or set aside by a subsequent court decision.(3) Criminal Offender Information: Records and related data as to physical description and vital statistics, fingerprints received and compiled by the Oregon Department of State Police Bureau of Criminal Identification for purposes of identifying criminal offenders and alleged offenders, records of arrests and the nature and disposition of criminal charges, including sentencing, confinement, parole and release.(4) Criminal Records Check: One or more of the following processes undertaken to check the criminal history of a Subject Individual:(a) Computerized Criminal Records Check: A check of Criminal Offender Information conducted through use of the Law Enforcement Data Systems (LEDS), including information from the Federal Bureau of Investigation's (FBI) National Crime Information Center (NCIC), and the National Law Enforcement Telecommunications System (NLETS).(b) Fingerprint-based Criminal Records Check: A national check of federal Criminal Offender Information through the submission of fingerprints and other identifying data, conducted by the Oregon Department of State Police through the Federal Bureau of Investigation or otherwise at OYA's request.(5) Denied: A determination by OYA pursuant to a preliminary Fitness Determination under OAR 416-800-0041 or a final Fitness Determination under OAR 416-800-0050, that the Subject Individual is not fit to be an employee, Volunteer, Foster Care Provider, contractor, or vendor in a position covered by OAR 416-800-0020.(6) False Statement: In association with an activity governed by these rules, a Subject Individual either: (a) provided OYA with materially false information about his or her criminal history, such as, but not limited to, materially false information about his or her identity or Conviction record; or(b) failed to provide to OYA information material to determining his or her criminal history.(7) Fitness Determination: A determination made pursuant to the process established in OAR 416-800-0041 (preliminary Fitness Determination) or 416-800-0050 (final Fitness Determination) that a Subject Individual is or is not fit to be an employee, Volunteer, contractor, vendor, or Foster Care Provider in a position covered by OAR 416-800-0020.(8) Foster Care Provider: A person who supervises an adjudicated youth in an adjudicated youth foster home setting, including proctor parents as defined in OAR 416-530-0110(4); transitional care respite providers as defined in OAR 416-530-0200(2)(d); transitional care providers as defined in OAR 416-530-0200(2)(f); and foster parents as defined in 416-530-0010(12).(9) Member of the Household: Any person, other than an OYA adjudicated youth, who lives in an adjudicated youth's home, on the property where an OYA adjudicated youth's home is located, is a frequent visitor to the home or who assists in the care provided to an OYA adjudicated youth including but not limited to Volunteers or a person providing services such as tutoring, recreation, relief care, household chores, or other services, whether paid or unpaid.(10) Subject Individual: An individual identified in OAR 416-800-0020 as someone from whom OYA may require a Criminal Records Check.(11) Volunteers: Persons who, as defined in OAR 416-450-0010, provide services to OYA on a non-paid basis.Or. Admin. Code § 416-800-0010
OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 5-1997, f. & cert. ef. 10-13-97; OYA 8-2002, f. & cert. ef. 1-18-02; OYA 8-2003, f. & cert. ef. 9-23-03; OYA 11-2005, f. & cert. ef. 4-20-05; OYA 15-2005, f. & cert. ef. 6-30-05; OYA 3-2010, f. 6-10-10 cert. ef. 6-25-10; OYA 6-2015, f. & cert. ef. 10/7/2015; OYA 12-2023, amend filed 01/10/2023, effective 1/10/2023Statutory/Other Authority: ORS 420A.021
Statutes/Other Implemented: ORS 420A.010, 420A.020 & 420A.021