Or. Admin. Code § 407-007-0290 - Potentially Disqualifying Conditions
Pursuant to OAR 125-007-0270, the following are potentially disqualifying conditions, if they exist on the date of the final fitness determination unless otherwise noted. This rule does not apply to SIs subject to ORS 475A and OAR 333-333-4100.
(1) False statement is potentially
disqualifying when all the following conditions are met:
(a) In a background check request, an SI has
submitted the answer, "No" to the question regarding whether the SI has
criminal history;
(b) The
Department finds potentially disqualifying criminal history in the criminal
records check; and
(c) The found
potentially disqualifying criminal history occurred before the date of the SI's
submission of the criminal records check request.
(2) The SI is a registered sex offender in
any jurisdiction. There is a rebuttable presumption that an SI is likely to
engage in conduct that would pose a significant risk to vulnerable individuals
if the SI has been designated as a level three sex offender under ORS
163A.100(3), a
predatory sex offender prior to January 1, 2014, or found to be a sexually
violent dangerous offender under ORS
144.635 (or similar designations
in other jurisdictions).
(3) The SI
has an outstanding warrant for any permanent review crime in any
jurisdiction.
(4) The SI has a
deferred sentence, conditional discharge, or is participating in a diversion
program for a permanent review crime in any jurisdiction.
(5) The SI is currently on probation, parole,
or post-prison supervision for a potentially disqualifying crime in any
jurisdiction.
(6) The SI has been
found in violation of post-prison supervision, parole, or probation for a
potentially disqualifying crime or condition in any jurisdiction within five
years from the date of the final fitness determination.
(7) The SI has an unresolved arrest, charge,
or a pending indictment for a permanent review crime in any
jurisdiction.
(8) The SI has been
arrested in any jurisdiction as a fugitive from another state or a fugitive
from justice for a permanent review crime that results in a potentially
disqualifying conviction or condition.
(9) The SI has an adjudication in a juvenile
court in any jurisdiction, finding that the SI was responsible for a permanent
review crime that would result in a conviction if committed by an adult.
Subsequent adverse rulings from a juvenile court, such as probation violations,
are also potentially disqualifying if within five years from the date of the
final fitness determination.
(10)
The SI has a finding of "guilty except for insanity," "guilty except by reason
of insanity," "not guilty by reason of insanity," "responsible except for
insanity," "not responsible by reason of mental disease or defect," or
similarly worded disposition in any jurisdiction regarding a permanent review
crime, unless the local statutes indicate that such an outcome is considered an
acquittal.
(11) The SI has
potentially disqualifying abuse as determined from abuse investigation reports
which have an outcome of founded or substantiated, and in which the SI is
determined to have been responsible for the abuse. For the following SIs,
potentially disqualifying abuse includes:
(a)
For an SI subject to 42 USC
671(a)(20) under the State
Plan for Foster Care and Adoption Assistance (the Adam Walsh Act of 2006) or
who is an employee of a QE subject to Section 471(a)(20)(D) of the federal 2018
Family First Prevention Services Act and which receives title IV-E funds:
(A) Child protective services history held or
received by the Department or OTIS regardless of the date of the initial
report;
(B) Child protective
services history from any state or jurisdiction reviewed pursuant to the
federal requirements and determined by BCU to be potentially disqualifying;
and
(C) Adult protective services
investigations of neglect, physical abuse, sexual abuse, or financial
exploitation initiated on or after January 1, 2010, as provided to BCU by OTIS
and APD programs based on severity.
(b) For an SI on the background check
registry maintained under OAR
407-007-0600 to
407-007-0640; licensed,
certified, or otherwise regulated by the Department; associated with any QE
licensed, certified, or otherwise regulated by the Department (any QE licensed,
certified, or regulated only with the Authority and not the Department are not
included):
(A) Child protective services
history held or received by the Department or OTIS regardless of the date of
the initial report; and
(B) Adult
protective services investigations of neglect, physical abuse, sexual abuse, or
financial exploitation initiated on or after January 1, 2010, as provided to
BCU by the OTIS and APD programs based on severity.
(c) For any other SI with direct contact with
children:
(A) Child protective services
history held or received by the Department or OTIS regardless of the date of
the initial report; and
(B) Adult
protective services investigations of neglect, physical abuse, sexual abuse, or
financial exploitation initiated on or after January 1, 2010, as provided to
BCU by the OTIS and APD programs based on severity.
(d) For all other SIs, adult protective
services investigations of neglect, physical abuse, sexual abuse, or financial
exploitation initiated on or after January 1, 2010, as provided to the BCU by
OTIS and APD programs based on severity.
(12) For an SI who is a proctor foster
parent, the SI has any restraining order or protective order against the
SI.
(13) For an SI who is SI who is
a proctor foster parent, the SI makes a false statement to the QE or
Department, including the provision of materially false information, regarding
abuse, restraining orders, or protective orders; or failure to disclose
information regarding abuse, restraining orders, or protective orders.
Nondisclosure of unsubstantiated or inconclusive abuse or dismissed restraining
orders or protective orders, may not be considered a false statement.
Notes
Statutory/Other Authority: ORS 181A.200, 409.027 & 409.050
Statutes/Other Implemented: ORS 181A.200, 409.027, ORS 181A.195, 409.010, 443.004 & 418.248
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