OAR 413-208-0010: Circumstances in Which a Criminal Records Check Must Occur and Types of Records Checks Required

(1) The Department must complete a criminal records check through the Law Enforcement Database System (LEDS) and a fingerprint-based criminal records check of national crime information databases by the Federal Bureau of Investigation (FBI) on the following subject individuals: (a) An applicant seeking initial approval as a resource parent; (b) An applicant seeking approval as a relative resource parent; (c) An applicant or relative applicant seeking approval as a potential adoptive resource who is: (A) An initial applicant who is not a resource parent; (B) A relative applicant who is not a relative resource parent; (C) An applicant who, on the date of submitting the application required by OAR 413-120-0220, is a resource parent and more than six years have passed since the date the Department previously completed a finger-print based criminal records check and approved the applicant pursuant to OAR 413-208-0000 to 413-208-0035; (D) A relative applicant who, on the date of submitting the application required by OAR 413-120-0220, is a relative resource parent and more than six years have passed since the date the Department previously completed a finger-print based criminal records check and approved the applicant pursuant to OAR 413-208-0000 to 413-208-0035, or (E) An applicant who had an approved adoption home study, with whom the Department has not placed a child, and for whom an amended or updated adoption home study must be completed pursuant to OAR 413-120-0246(1)(a), if, on the date the amended or updated adoption home study is completed, it has been more than three years since the date the Department previously completed a finger-print based criminal records check and approved the applicant pursuant to OAR 413-208-0000 to 413-208-0035. (d) An adult member of the household of an applicant or relative applicant except: (A) The Department may grant a Temporary Certificate of Approval under OAR 413-200-0275 or a Relative Temporary Certificate of Approval under OAR 413-203-0020 is allowed after assessing the LEDS results but prior to receiving the FBI results. (B) A relative temporary certificate of approval under OAR 413-203-0020 is allowed after assessing the LEDS results but prior to receiving the FBI results. (C) A member of the household of a potential adoptive resource who turns 18 while living in the home does not need a FBI fingerprint- based check until the previously approved adoption home study is being amended or updated. (e) A potential respite provider or a child care provider, who is not otherwise licensed, listed or approved by a state or county entity with child care licensing authority. (A) A respite provider or a child care provider who is not otherwise licensed, listed or approved by a state or county entity with child care licensing authority, may be approved on a temporary basis after assessing LEDS results, but prior to receiving the FBI results, with an approval by the child welfare program manager or designee, documented on the form approved by the Department. (B) A resource parent or relative resource parent who is a potential respite or child care provider is exempt from criminal background check requirements in this rule. (f) Any subject individual who has lived outside of Oregon for more than 60 consecutive days after their last criminal records check. (g) A subject individual who was previously a member of the household, or who was previously approved as a certified respite provider must undergo a new criminal records check and fitness determination, including a fingerprint-based check of records maintained by FBI, when applying to be a potential adoptive resource, or to be a resource parent or relative resource parent. (2) The Department must complete a criminal records check through LEDS on the following subject individuals: (a) An applicant for renewal of certification (b) An adult member of the applicant's household, a respite provider, or a child care provider of a resource parent applying for renewal of certification, who previously had a fingerprint-based FBI background check under OAR 413-208-0000 to OAR 413-208-0030. (c) An applicant who had an approved adoption home study, with whom the Department has not placed a child, and for whom an amended or updated adoption home study must be completed pursuant to OAR 413-120-0246(1)(a). (d) A child, who is in the Department’s care or custody, is placed in the home of a resource parent, or relative resource parent on or after attaining 18 years of age. (A) Written notice of the completion of the LEDS check must be provided to the individual. (B) Written notice of the completion of the LEDS check must be provided to the individual’s attorney. (C) Written notice of the completion of the LEDS check must be provided to the individual’s Tribe. (3) Notwithstanding subsection 1, a subject individual otherwise required to complete a fingerprint-based FBI background check who the Department determines is unable to submit fingerprints due to a physical or mental condition that makes compliance unreasonable to the subject individual may be exempted from the fingerprint requirement with a Child Welfare Program Manager approval. (a) The approval for the exemption from the fingerprint based criminal history check must be reviewed at each renewal assessment process. (b) The subject individual approved for the exemption must obtain a fingerprint-based FBI background check if circumstances have changed and the individual is able to submit fingerprints. (4) "Notwithstanding sections (1) and (2) of this rule, if deemed necessary by the Department, the Department may require a criminal records check through LEDS to protect child safety, and a fingerprint-based FBI background check on an individual with direct access to a child." (5) A criminal records check under OAR 413-208-0000 to 413-208-0030 may include a review of other criminal records information. (6) When it is determined that a previously approved applicant or member of an applicant household has new or previously unknown criminal history, the Department must complete a criminal records check through the LEDS and, if appropriate, complete a fingerprint-based FBI background check of national crime information databases and conduct a new fitness determination if applicable. (a) Following the discovery of previously unknown criminal history, and pending a new fitness determination, the Department may permit a subject individual to continue to function in the capacity for which the individual was previously approved. (b) Pending the completion of the fitness determination, approval of the continued placement of a child must be made by the Child Welfare Program Manager within 24 hours of the discovery of the new information. (7) A subject individual's juvenile record is not a criminal record for the purposes of OAR 413-208-0000 to 413-208-0030. (8) A subject individual may not be denied or subject to a fitness determination under these rules for adult criminal records which have been expunged or set aside.