Or. Admin. Code § 413-140-0065 - Background Checks for Consideration of Home Study Waiver
(1) Before the Department may approve a
request for waiver of an adoption home study, the following background check
requirements must be met:
(a) For a
petitioner residing in Oregon, except as described in section (3) of this rule,
each adopting petitioner and all adult members of the petitioner's household
must provide documentation of required background checks as follows:
(A) A criminal history check from the Oregon
State Police, using Form CF249g, Request for Oregon Criminal History
Information; and
(B) When the
petitioner has resided outside of Oregon for a period of more than sixty
consecutive days in the last five years:
(i) A
criminal history check from the Federal Bureau of Investigation (FBI);
and
(ii) A child abuse and neglect
registry check from an authorized agency of each state or country where the
individual has lived in the preceding five years immediately prior to the
petitioner's request to waive the adoption home study
requirement.
(b) For a petitioner who is a resident of
Oregon as defined in ORS
109.276(2) but
is temporarily residing outside the state for a period of more than sixty
consecutive days for purposes such as, but not limited to, military service,
academics or vacation, except as described in section (3) of this rule, each
petitioner and all adult members of the petitioner's household must provide
documentation of required background checks as follows:
(A) A criminal history check from the FBI and
an authorized agency of the state or country where the adopting petitioner
currently resides and has lived in the preceding five years immediately prior
to the filing of the petition; and
(B) A child abuse and neglect registry check
from an authorized agency of each state or country where the adopting
petitioner currently resides and has lived in the preceding five years
immediately prior to the petitioner's request to waive the adoption home study
requirement.
(c) For a
petitioner who is not a resident of Oregon, except as described in section (3)
of this rule, each adopting petitioner and all adult members of the
petitioner's household must provide documentation of required background checks
as follows:
(A) A criminal history check from
the petitioner's current state of residence;
(B) A criminal history check from the FBI;
and
(C) A child abuse and neglect
registry check from an authorized agency of each state or country where the
individual currently resides and has lived in the preceding five years
immediately prior to the petitioner's request to waive the adoption home study
requirement.
(2) The Department must conduct a check of
the child abuse and neglect registry maintained by the Department for an Oregon
resident.
(3) When a waiver of the
adoption home study is requested, the biological or adoptive parent retaining
rights is only exempt from submitting a criminal history clearance to the
Department.
(4) Background checks
may also be required for a household member under the age of 18 if there is
reason to believe that the individual may pose a safety threat to children
placed in the home.
(5) For the
purpose of this rule, criminal background checks and child abuse and neglect
registry checks are valid up to one year after completion. The Department may
request updated background checks from the adopting petitioner at any time when
making a determination regarding the waiver of a home study.
(6) The Department is not responsible for
paying any fees associated with the application for, acquisition of, and
provision of background checks.
Notes
Statutory/Other Authority: ORS 109.276, ORS 409.050 & ORS 418.005
Statutes/Other Implemented: ORS 418.005, ORS 109.276, ORS 181.534, ORS 181.537 & ORS 409.010
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