Department of Early Learning and Care
Chapter 414
Division 61
CENTRAL BACKGROUND REGISTRY
414-061-0070
Procedures for Conducting Criminal Records Checks, Child Abuse and Neglect Records Checks, Foster Care Certification Checks and Adult Protective Services Checks
(1) OCC shall perform a criminal records check, child abuse and neglect records check, foster care certification check, and adult protective services check on all subject individuals who:
(a) Are currently enrolled in the Central Background Registry as of January 1, 2017; or
(b) Submit an initial or renewal application for enrollment in the Office of Child Care’s Central Background Registry after January 1, 2017
(2) Subject individuals shall consent to being fingerprinted, and complete all requirements of OAR 414-061-0035.
(3) Other state or jurisdiction records checks
(a) In order to ensure the health and safety of children, OCC may require a subject individual who is enrolled or conditionally enrolled in the Central Background Registry to provide OCC with the following information or documents upon request:
(A) Authorization to complete a criminal records check, a child abuse and neglect records check, a foster care records check, or an adult protective services records check, in any state or jurisdiction; and
(B) Other documents or information necessary to complete a criminal records check, a child abuse and neglect records check, a foster care records check, or an adult protective services records check, in any state or jurisdiction.
(b) The requested items or information must be provided to OCC within 30 days of the date OCC issues the request.
(c) If the person fails to timely provide the requested authorization, documents, or necessary information, the Office of Child Care shall:
(A) If the individual is conditionally enrolled in the Central Background Registry the agency shall remove the conditional enrollment and cease processing the individual’s application for enrollment or renewal.
(B) If the individual is enrolled in the Central Background Registry the Office of Child Care shall commence action to remove the person from the registry as provided in OAR 414-061-0110.
(4) Central Background Registry enrollment forms shall contain notice that a criminal records check, a child abuse and neglect records check, a foster care certification check and a check of adult protective services will be conducted as required by ORS 181A.195 and 329A.030.
(5) OCC will review the criminal records information, child abuse and neglect, foster care and substantiated adult abuse or neglect records information, and any additional relevant information and will make a determination whether a subject individual may be enrolled in the Central Background Registry.
(6) OCC may accept FBI criminal background checks performed by the Department of Human Services when the FBI criminal background check has been completed within 24 months of the of the application date for enrollment in the central background registry
(7) Fees for each name checked through OSP CCH and child abuse and neglect systems are as follows:
(a) No charge for designated Early Learning Division employees; and
(b) OCC will charge the subject individual up to the amount equal to the cost incurred by OCC for criminal record checks and child abuse and neglect checks and enrollment in the Central Background Registry, to be paid at the time of application.
[ED. NOTE: Forms referenced in this rule are available from the agency.]
Statutory/Other Authority: ORS 329A.030(7)
Statutes/Other Implemented: ORS 329A.030
History:
DELC 13-2024, amend filed 02/28/2024, effective 02/28/2024
DELC 12-2023, temporary amend filed 09/28/2023, effective 09/28/2023 through 03/25/2024
ELD 17-2022, minor correction filed 10/04/2022, effective 10/04/2022
ELD 18-2019, amend filed 08/13/2019, effective 08/13/2019
ELD 15-2019, temporary amend filed 05/30/2019, effective 05/30/2019 through 11/25/2019
ELD 3-2018, amend filed 02/08/2018, effective 09/30/2018
ELD 3-2015, f. & cert. ef. 2-3-15
CCD 1-2010, f. 6-29-10, cert. ef. 7-1-10
CCD 1-2009(Temp), f. 12-30-09, cert. ef. 1-1-10 thru 6-30-10
CCD 4-2006, f. 7-13-06, cert. ef. 7-14-06
CCD 1-2006(Temp), f. & cert. ef. 3-16-06 thru 9-12-06
CCD 2-2003, f. 12-5-03 cert. ef. 12-7-03
CCD 1-1998, f. 9-30-98, cert. ef. 10-1-98