ORS § 329A.030

Current through 2024 Regular Session legislation effective June 6, 2024

Section 329A.030 - Central Background Registry; rules

(1) The Department of Early Learning and Care shall establish a Central Background Registry and may maintain information in the registry through electronic records systems.

(2)

(a) A subject individual described in subsection (11)(a), (c) or (d) of this section shall apply to and must be enrolled in the Central Background Registry prior to the provision of care.

(b) An individual who has been the subject of a founded or substantiated report of child abuse shall apply to and must be enrolled in the Central Background Registry prior to providing any of the types of care identified in ORS 329A.250 (4)(b)(A), (E) or (F) if:

(A) The child abuse occurred on or after January 1, 2017, and involved a child who died or suffered serious physical injury, as defined in ORS 161.015; or

(B) The child abuse occurred on or after September 1, 2019, and involved any child for whom the individual was providing child care, as defined in ORS 329A.250 (4), or care identified in ORS 329A.250(4)(b)(A), (C), (E), (F) or (G).

(c) Notwithstanding paragraph (a) of this subsection, an individual described in paragraph (b)(B) of this subsection is not required to enroll in the Central Background Registry if more than seven years has elapsed since the date of the child abuse determination.

(3)

(a) Upon receiving an application for enrollment in the Central Background Registry, the department shall complete:

(A) A criminal records check under ORS 181A.195;

(B) A criminal records check of other registries or databases in accordance with rules adopted by the Early Learning Council;

(C) A child abuse and neglect records check in accordance with rules adopted by the council; and

(D) A foster care certification check and an adult protective services check in accordance with rules adopted by the council.

(b) In addition to the information that the department is required to check under paragraph (a) of this subsection, the department may consider any other information obtained by the department that the department, based on rules adopted by the Early Learning Council, determines is relevant to enrollment in the Central Background Registry.

(4) The department shall enroll the individual in the Central Background Registry if the individual:

(a) Is determined to have no criminal, child abuse and neglect, negative adult protective services or negative foster home certification history, or to have dealt with the issues and provided adequate evidence of suitability for the registry;

(b) Has paid the applicable fee established pursuant to ORS 329A.275; and

(c) Has complied with the rules of the Early Learning Council adopted pursuant to this section.

(5)

(a) Notwithstanding subsections (3) and (4) of this section, the department may not enroll an individual in the Central Background Registry if:

(A) The individual has a disqualifying condition as defined in rules adopted by the council; or

(B) The individual is an exempt prohibited individual, as provided by ORS 329A.252, unless the individual qualifies for limited enrollment pursuant to rules adopted by the Early Learning Council.

(b) If an individual prohibited from enrolling in the registry as provided by this subsection is enrolled in the registry, the department shall remove the individual from the registry.

(6)

(a) The department may conditionally enroll an individual in the Central Background Registry pending the results of a nationwide criminal records check through the Federal Bureau of Investigation if the individual has successfully completed the criminal records check and the child abuse and neglect records check in this state and in the state of the individual's residence, if other than Oregon.

(b) The department may enroll an individual in the registry subject to limitations identified in rules adopted by the council.

(7) The department may grant limited enrollment in the Central Background Registry to a subject individual who is a relative caretaker of a child for whom care is provided in a subsidized care facility, regardless of whether the individual was previously denied enrollment in the Central Background Registry, if the individual otherwise meets the criteria established in rule by the Early Learning Council.

(8) An enrollment in the Central Background Registry may be renewed upon application to the department, payment of the fee established pursuant to ORS 329A.275 and compliance with rules adopted by the Early Learning Council pursuant to this section. However, an individual who is determined to be ineligible for enrollment in the registry after the date of initial enrollment shall be removed or suspended from the registry by the department.

(9)

(a) A child care facility, preschool recorded program or school-age recorded program may not hire or employ an individual if the individual is not enrolled in the Central Background Registry.

(b) Notwithstanding paragraph (a) of this subsection, a child care facility, preschool recorded program or school-age recorded program may employ on a probationary basis an individual who is conditionally enrolled in the Central Background Registry.

(10) The Early Learning Council may adopt any rules necessary to carry out the purposes of this section, including but not limited to rules regarding expiration and renewal periods and limitations related to the subject individual's enrollment in the Central Background Registry.

(11) As used in this section, "subject individual" means:

(a) A subject individual as defined by the Early Learning Council by rule;

(b) An individual subject to subsection (2)(b) of this section;

(c) A person who applies to be:

(A) The operator or an employee of a child care or treatment program;

(B) The operator or an employee of a provider under the Oregon Prenatal to Kindergarten Program under ORS 329.172 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) An individual in a child care facility, preschool recorded program or school-age recorded program who may have unsupervised contact with children, as determined by the council by rule;

(E) A contractor or an employee of the contractor who:

(i) Provides early childhood special education or early intervention services pursuant to ORS 343.455 to 343.534; and

(ii) Is not subject to the criminal records check requirements of ORS 326.603 or 342.223;

(F) A child care provider who is required to be enrolled in the Central Background Registry by any state agency;

(G) A contractor, employee or volunteer of a metropolitan service district organized under ORS chapter 268 who may have unsupervised contact with children and who is required to be enrolled in the Central Background Registry by the metropolitan 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 who is providing respite services as a volunteer with a private agency or organization that facilitates the provision of such respite services;

(I) The operator or an employee of an early learning program as defined in rules adopted by the council; or

(J) The operator or an employee of a preschool recorded program or a school-age recorded program; or

(d)

(A) An individual who operates a subsidized care facility;

(B) An individual who has attained 18 years of age and resides in a subsidized care facility; or

(C) An individual in a subsidized care facility who has attained 18 years of age and who may have unsupervised contact with children, as determined by the council by rule.

(12)

(a) Information provided to a metropolitan service district organized under ORS chapter 268 about the enrollment status of the persons described in subsection (11)(c)(G) of this section shall be subject to a reciprocal agreement with the metropolitan service district. The agreement must provide for the recovery of administrative, including direct and indirect, costs incurred by the department from participation in the agreement. Any moneys collected under this paragraph shall be deposited in the Child Care Fund established under ORS 329A.273.

(b) Information provided to a private agency or organization facilitating the provision of respite services, as defined in ORS 418.205, for parents pursuant to a properly executed power of attorney under ORS 109.056 about the enrollment status of the persons described in subsection (11)(c)(H) of this section shall be subject to an agreement with the private agency or organization. The agreement must provide for the recovery of administrative, including direct and indirect, costs incurred by the department from participation in the agreement. Any moneys collected under this paragraph shall be deposited in the Child Care Fund established under ORS 329A.273.

(c) Information provided to a private agency or organization about the enrollment status of the persons described in subsection (11)(c)(I) of this section shall be subject to an agreement with the private agency or organization. The agreement must provide for the recovery of administrative, including direct and indirect, costs incurred by the department from participation in the agreement. Any moneys collected under this paragraph shall be deposited in the Child Care Fund established under ORS 329A.273.

ORS 329A.030

Amended by 2023 Ch. 592, § 37, eff. 7/31/2023.

Amended by 2023 Ch. 592, § 36, eff. 7/31/2023.

Amended by 2023 Ch. 554, § 10, eff. 7/31/2023, op. 7/1/2023.

Amended by 2023 Ch. 554, § 9, eff. 7/31/2023, op. 7/1/2023.

Amended by 2023 Ch. 547, § 19, eff. 7/31/2023.

Amended by 2023 Ch. 547, § 18, eff. 7/31/2023.

Amended by 2022 Ch. 90, § 1, eff. 3/24/2022, op. 1/1/2023.

Amended by 2022 Ch. 27, § 26, eff. 3/9/2022.

Amended by 2021 Ch. 369, § 8, eff. 1/1/2022.

Amended by 2021 Ch. 343, § 1, eff. 6/15/2021.

Amended by 2019 Ch. 679, § 2, eff. 8/9/2019.

Amended by 2019 Ch. 187, § 1, eff. 1/1/2020.

Amended by 2018 Ch. 115, § 1, eff. 4/13/2018, op. 9/30/2018.

Amended by 2017 Ch. 616, § 1, eff. 8/2/2017.

Formerly 657A.030

Section 28, chapter 27, Oregon Laws 2022, provides:

Sec. 28. (1)(a) The amendments to ORS 329A.030, 329A.250, 329A.500 and 329A.992 by sections 22 to 27, chapter 27, Oregon Laws 2022, apply to subsidized care facilities providing subsidized care under ORS 329A.500 on or after July 1, 2023.

(b) On or after July 1, 2023, a subject individual described in ORS 329A.030 (11)(d) must enroll in the Central Background Registry under ORS 329A.030 for the purpose of the Employment Related Day Care subsidy program.

(2) Notwithstanding subsection (1) of this section and ORS 329A.030 (2)(a), as amended by section 26, chapter 27, Oregon Laws 2022:

(a) A subject individual described in ORS 329A.030 (11)(d) who was approved before July 1, 2023, as a provider of care by the Department of Human Services for the purposes of the Employment Related Day Care subsidy program is not required to enroll in the Central Background Registry until the earlier of the expiration of a child care background check or June 30, 2025.

(b) Until July 1, 2023, a subject individual described in ORS 329A.030 (11)(d) who is seeking initial approval or renewed approval as a provider of care for purposes of the Employment Related Day Care subsidy program may choose to enroll in the Central Background Registry under ORS 329A.030 or may seek a child background check through the Department of Human Services.

(3) For the purpose of transferring the Employment Related Day Care subsidy program from the Department of Human Services to the Department of Early Learning and Care, as provided by section 79, chapter 631, Oregon Laws 2021, the Department of Human Services and the Early Learning Council shall adopt rules that provide:

(a) Until July 1, 2023, the Department of Human Services shall accept an individual's enrollment in the Central Background Registry as satisfying any requirement for background checks for the Employment Related Day Care subsidy program.

(b) Until July 1, 2023, the Office of Child Care shall accept the Department of Human Services' background check of an individual for the purposes of the Employment Related Day Care subsidy program as satisfying the requirements of the Central Background Registry.

(c) From July 1, 2023, until July 1, 2025, the Department of Early Learning and Care shall accept the Department of Human Services' background check of an individual for the purposes of the Employment Related Day Care subsidy program as satisfying the requirements of the Central Background Registry.

(4) No later than July 1, 2023, the Department of Human Services shall transfer copies of all files necessary for the Office of Child Care to provide background checks for individuals described in ORS 329A.030 (11)(d). [2022 c. 27, § 28; 2023 c. 554, § 60]