Department of Early Learning and Care
Chapter 414
Division 61
CENTRAL BACKGROUND REGISTRY
414-061-0090
Central Background Registry Enrollment Procedures
(1) A subject individual shall be approved for enrollment that is not a conditional or limited enrollment in the Central Background Registry if the Department has determined that the individual:
(a) Has provided all information and/or documents requested by the Department;
(b) Has no history as described in OAR 414-061-0045, 414-061-0050, or OAR 414-061-0075 or has dealt with the issues and provided adequate evidence of suitability;
(c) Has completed the application;
(d) Has paid the applicable fee; and
(e) Has complied with the rules of the Department adopted pursuant to the Central Background Registry (OAR 414-061-0000 through 414-061-0120).
(2) A subject individual:
(a) May be approved for or have their enrollment changed to a limited enrollment in the Central Background Registry as agreed to in writing by the subject individual and the Department.
(b) Who is a household member of a subsidized care facility may be approved for a limited enrollment in the Central Background Registry that does not allow unsupervised access to child care children unrelated to the subject individual if the Department has determined that the individual:
(A) Has provided all information and/or documents requested by the Department;
(B) Has completed the application;
(C) Has paid the applicable fee;
(D) Has complied with the rules of the Department adopted pursuant to the Central Background Registry (OAR 414-061-0000 through 414-061-0120); and
(E) Is a household member of a subsidized care facility that is not registered or certified by the Department;
(F) Does not have a conviction for a disqualifying crime listed in 45 CFR 98.43(c);
(G) Is the parent or a caretaker relative with primary responsibility for a child needing care; and
(H) Needs child care in order to participate in the JOBS program or they are eligible for the ERDC subsidy program.
(3) All enrollments in the Central Background Registry shall expire five years from the date of enrollment, unless suspended or removed sooner, and may be renewed upon application to the Department, payment of the required fee and compliance with the rules adopted by the Early Learning Council pursuant to the Central Background Registry (OAR 414-061-0000 through 414-061-0120). The five-year enrollment period shall include the time the subject individual was enrolled prior to entering into an agreement changing the enrollment to a limited enrollment.
(4) A subject individual who has been enrolled in the Central Background Registry will be notified by the Department of the individual’s enrollment and the enrollment dates. Notification of enrollment status may be sent via email at the request of the individual. Such notification will not be sufficient evidence of enrollment for employment by a requesting agency.
(5) A subject individual may be conditionally enrolled in the Central Background Registry pending the results of an FBI criminal records check if the individual has been determined to be suitable based on their application having no disclosures of negative foster care history or a substantiated finding of adult abuse or neglect, and, in this state and in the state of the individual's residence, if other than Oregon, no state disqualifying criminal records information as outlined in OAR 414-061-0045, no category I or II crime as listed in OAR 414-061-0050, and no negative child abuse and neglect information.
(a) The five-year enrollment period shall include the time the subject individual was conditionally enrolled.
(b) A conditionally enrolled subject individual who has subsequently been determined not to be suitable based on FBI criminal records information, criminal records or child abuse and neglect records from other states of prior residence, or any other information that was not disclosed on the application that the Department becomes aware of, shall be suspended or removed from the Central Background Registry, according to the provisions of OAR 414-061-0110.
(c) A conditionally enrolled subject individual who is subsequently determined to be suitable based on FBI criminal records information or criminal records or child abuse and neglect records from states of prior residence shall be enrolled in the Central Background Registry.
(d) A conditional enrollment will expire if the subject individual has not been enrolled in the Registry within one year of the conditional enrollment.
(e) A subject individual with conditional enrollment shall not have unsupervised access to child care children at any time.
(f) A subject individual with limited enrollment may have access to their own child at their own residence or any other location, or as provided by the written agreement between the individual and the Department. The Department may disclose the terms of the limited enrollment to any requesting agency.
(6) If an application for renewal and payment of the required fee is received by the Department at least 14 days prior to the expiration date of the current enrollment, the enrollment remains in effect until the Department has acted upon the application for renewal and given notice of the action taken. This subsection does not apply to a renewal application submitted by an individual who is removed from the Central Background Registry at the time of submission of the renewal application.
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 26-2022, amend filed 12/16/2022, effective 12/16/2022
ELD 8-2022, temporary amend filed 07/01/2022, effective 07/01/2022 through 12/27/2022
ELD 8-2021, amend filed 10/27/2021, effective 10/27/2021
ELD 4-2021, temporary amend filed 06/24/2021, effective 06/28/2021 through 12/24/2021
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 2-2003, f. 12-5-03 cert. ef. 12-7-03
CCD 1-1998, f. 9-30-98, cert. ef. 10-1-98