Department of Human Services
Chapter 407
Division 7
CRIMINAL HISTORY AND ABUSE CHECKS
407-007-0275
Convictions Under ORS 443.004 Resulting in Ineligibility for Aging and People with Disabilities Program and Developmental Disabilities Program SIs
(1) This rule applies to an SI who:
(a) Works with clients receiving services through programs and agencies certified, licensed or otherwise regulated by the Department’s Office of Developmental Disabilities (DD) Services.
(b) Works with clients of the Department’s APD programs and who is:
(A) An individual who is paid directly or indirectly with public funds who has or will have contact with recipients of services within:
(i) An adult foster home (defined in ORS 443.705); or
(ii) A residential facility (defined in ORS 443.400).
(B) Any direct care staff secured by any residential care or assisted living facility through the services of a personnel services or staffing agency and the direct care staff works in the facility.
(C) A homecare worker as defined in ORS 410.600, a personal support worker as defined in ORS 410.600, a personal care services provider, or an independent provider employed by a Department client who provides care to the client if the Department helps pay for the services.
(D) An employee providing care to the Department’s APD program clients who works for an in-home care agency as defined by ORS 443.305 which has enrolled to deliver Medicaid funded services as described in OAR 411-033-0000 to 411-033 to 0030 for Department clients.
(E) An individual in a position specified as being subject in relevant Oregon statutes or Oregon administrative rules.
(2) If BCU determines that an individual subject to this rule has a conviction listed in ORS 443.004, BCU must all make the determination of ineligible due to ORS 443.004. Under OAR 125-007-0260, this determination is considered an incomplete fitness determination. A fitness determination with a weighing test is not required regardless of any other potentially disqualifying convictions and conditions the SI has. BCU must provide notice of ineligibility due to ORS 443.004 to the individual.
(3) An individual subject to this rule who is an employee and hired prior to July 28, 2009 is exempt from section (2) of this rule provided that the employee remains working for the same employer after July 28, 2009. The SI may transfer or promote to other positions with this same employer and remain exempt from section (2) of this rule. This exemption is not applicable to licensees. In this context:
(a) For a homecare worker as defined in ORS 410.600, a personal support worker as defined in ORS 410.600, a personal care services provider, or an independent provider employed by a Department client, the employer of record is the Department unless restricted to one QE or client by a restricted approval under OAR 407-007-0320.
(b) For adult foster homes and child foster homes, the SI may change jobs between homes throughout Oregon unless restricted to one QE or home by a restricted approval under OAR 407-007-0320.
(c) If the SI works at a QE facility or agency that has a parent company or corporation, the SI may work at any QE facility or agency under the parent company or corporation.
(d) For all other SIs, the employer is a QE.
(4) If an individual subject to this rule is grandfathered under section (3) of this rule or is not found ineligible due to ORS 443.004, the individual is subject to a fitness determination under OAR 125-007-0260 and 407-007-0320 for any other potentially disqualifying convictions or conditions in OAR 407-007-0281 and 407-007-0290. The original one or more convictions that led to grandfathering could be used as potentially disqualifying and in a weighing test only if there was a repetition of behavior shown in criminal history subsequent to the grandfathering convictions.
(5) A determination of ineligible due to ORS 443.004 is not subject to appeal rights under OAR 125-007-0300, 407-007-0330, or 943-007-0501.
Statutory/Other Authority: ORS 181A.195 & 409.050
Statutes/Other Implemented: ORS 181A.195 & 443.004
History:
DHS 24-2021, amend filed 12/15/2021, effective 12/17/2021
DHSD 2-2020, amend filed 02/10/2020, effective 02/10/2020
DHSD 18-2019, temporary amend filed 09/26/2019, effective 09/27/2019 through 03/24/2020
DHSD 5-2016, f. 6-10-16, cert. ef. 6-15-16
DHSD 1-2016(Temp), f. & cert. ef. 1-14-16 thru 7-11-16
DHSD 2-2014, f. & cert. ef. 12-1-14
DHSD 3-2013, f. & cert. ef. 8-1-13
DHSD 4-2012, f. & cert. ef. 8-1-12
DHSD 3-2012(Temp), f. & cert. ef. 4-13-12 thru 8-24-12
DHSD 2-2012(Temp), f. & cert. ef. 2-27-12 thru 8-24-12
DHSD 10-2010, f. 10-29-10, cert. ef. 10-31-10
DHSD 3-2010(Temp), f. & cert. ef. 5-5-10 thru 10-31-10