OAR 414-175-0082: Disqualifying Criminal History of Provider

(1)This rule explains the grounds upon which the Department denies a request by a child care provider to receive child care payments from a self-sufficiency program of the Department based on the records of a subject individual. For the purposes of this rule, the provider and any individual identified under OAR 414-175-0080(4) is considered a subject individual under OAR 125-007-0210 and 407-007-0210(8)(a)(J). (2) The Department may find a child care provider ineligible for payment when the criminal history of a subject individual indicates behavior that may jeopardize the safety of a child or have a detrimental effect on a child while in the care of the provider, in the following circumstances, the subject individual has: (a) Been charged with or arrested for a drug-related, sexual, or violent crime listed in OAR 407-007-0270(1). There is a rebuttable presumption that such a subject individual is likely to engage in conduct that would pose a significant risk to a client, the Department, or a vulnerable individual. (b) Been convicted of two or more crimes listed in OAR 125-0070270 at any time. (c) Been found in violation of probation for a crime listed in OAR 125-007-0270, at any time that relates to the person’s qualification or duties as a child care provider. (d) Been charged with two or more crimes listed in OAR 125-007-0270 within the past five years. (e) Three or more arrests, at any time, for crimes listed in OAR 125-007-0270. (3) The Department may pay for the services of a child care provider even if a subject individual has a potentially disqualifying criminal or abuse history, defined by OAR 125-007-0270 and 407-007-0290, only if the Department has determined, based on a weighing test as described in OAR 125-007-0260, 407-007-0300, and 407-007-0320 and consideration of the information listed in OAR 407-007-0280, 407-007-0290, and this rule, that repeated criminal behavior is unlikely and that the provider does not present a danger to a child in the provider’s care.