OAR 413-208-0025: Weighing Test

(1) The Department may approve a subject individual convicted of certain crimes if the subject individual demonstrates to the Department: (a) The person possesses the qualifications to be a resource parent, relative resource parent, potential adoptive resource member of the household, child care provider, or certified respite care provider, regardless of having been convicted of a crime ; or (b) The disqualification would create emotional harm to the child and placement of the child with the person would be a safe place that is in the best interests of the child . (2) When making a fitness determination with regard to a subject individual with a criminal conviction, the authorized designee must assess information, available to the Department, surrounding the conviction and consider the following factors: (a) When the subject individual is a relative or has a caregiving relationship with the child requiring placement, whether the placement may mitigate the trauma due to the existing relationship and whether the placement would provide for the child’s safety, well-being and permanency. (b) The impact of cultural or societal forces such as structural racism or poverty and other impacts to marginalized communities, upon the subject individual and whether those forces contributed to the circumstances leading to a conviction; (c) The nature of the crime, including the relevancy of the crime or false statements made by the subject individual about the crime, to the ability to be a resource parent, relative resource parent, potential adoptive resource, certified respite provider, or child care provider; (d) The details (or facts) of the incidents that led to the criminal convictions; (e) The details of the conviction, including periods of incarceration and compliance with parole, post-prison supervision, or probation and any subsequent convictions ; (f) The timeline and frequency of criminal convictions and criminal involvement not resulting in conviction, including arrests, criminal investigations and unresolved or pending arrests, charges, indictments or outstanding warrants; (g) The age of the subject individual and the passage of time since the conviction and criminal involvement and likelihood of a repetition of offenses or the commission of another crime ; and (h) Information suggesting changes in circumstances or behavior of the subject individual since the conviction showing self-improvement including, but not limited to: (A) The subject individual’s experience in caregiving or parenting, engagement in drug, alcohol or mental health treatment, work experience, relevant education or training, community involvement; and (B) Information from references, community members, employers or other sources with knowledge about the subject individual .