Or. Admin. Code § 413-120-0460 - Contesting a Fitness Determination

(1) If the Department determines that a subject individual cannot be certified or based on a negative fitness determination, unless the subject individual voluntarily withdraws from the process, the Department must notify the subject individual in writing that the subject individual:

(a) Has a right to inspect and challenge their Oregon criminal offender information through OSP procedures as adopted per ORS 181.555(3) and OAR 257-010-0035;257-010-0035;

(b) May challenge the accuracy or completeness of any entry on the subject individual's criminal records provided by the FBI by filing a challenge with the FBI's Criminal Justice Information Services Division; and

(c) May appeal the Department's determination of unfitness or indicate an intent to challenge information in the OSP or FBI report by requesting a contested case hearing pursuant to ORS chapter 183 and OAR 413-010-0500 to 413-010-0535 provided that the hearing request is postmarked or the Department receives the request within 30 days from the date of mailing the notice.

(2) Upon the determination of the Department that an applicant to become a certified resource family, or a potential adoptive resource of a child in the custody of the Department cannot be approved due to the denial of a member of the household, the certifier or adoption worker must inform:

(a) The member of the household, who was denied, of the right to inspect and challenge the subject individual's Oregon criminal offender information through OSP procedures as adopted per ORS 181A.230(3) and OAR 257-010-0035 and the person's rights under ORS 181A.240

(b) The member of the household, who was denied, of the right to challenge the accuracy or completeness of any entry on the subject individual's criminal records provided by the FBI by filing a challenge with the FBI's Criminal Justice Information Services Division; and

(c) The applicant whose approval is affected by the denial of the member of the household, in writing, that:

(A) Based on the member of the household's denial, the Department may not certify or approve the applicant as long as the other person in the household remains in the home or provides care to a child or young adult in the home; and

(B) The applicant may appeal in a contested case hearing the Department's denial, provided that the hearing request is postmarked or the Department receives the request within 30 days from the date of mailing the notice.

(3) Child Welfare Policy I-A.5.2, "Contested Case Hearings", OAR 413-010-0500 to 413-010-0535 describes the requirements and process for requesting a contested case hearing due to the denial or revocation of a Certificate of Approval or a denial of approval to be an adoptive resource, including denials based on the criminal history, or false statement with regard to criminal history, of an applicant or other person in the household.

Notes

Or. Admin. Code § 413-120-0460

SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 4-1999, f. & cert. ef. 3-22-99; SOSCF 1-2000(T), f. & cert. ef. 1-14-00 thru 7-12-00; SOSCF 14-2000, f. & cert. ef. 7-13-00; SOSCF 23-2001, f. 6-29-01, cert. ef. 7-1-01; SOSCF 11-2002(Temp), f. & cert. ef. 9-13-02 thru 3-12-03; CWP 21-2003, f. & cert. ef. 3-13-03; CWP 31-2007(Temp), f. 12-31-07, cert. ef. 1-1-08 thru 6-27-08; CWP 3-2008, f. & cert. ef. 5-15-08; CWP 22-2008(Temp), f. & cert. ef. 10-1-08 thru 3-30-09; CWP 1-2009, f. & cert. ef. 2-2-09; CWP 34-2011(Temp), f. 12-27-11, cert. ef. 12-28-11 thru 6-25-12; CWP 3-2012, f. & cert. ef. 6-26-12; CWP 28-2021, amend filed 11/29/2021, effective 12/1/2021

Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.016 & ORS 181A.195

Statutes/Other Implemented: ORS 418.005, ORS 418.016, ORS 181A.200, ORS 409.010 & ORS 181A.010 - 181A.245