Or. Admin. Code § 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.
Notes
Statutory/Other Authority: ORS 329A.030(7)
Statutes/Other Implemented: ORS 329A.030
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