OAR 407-007-0445
Employees Who Apply or Are Hired at SACU after 1/1/2018

(1)

This rule applies to an SI who is:

(a)

Hired after 1⁄1/2018 at SACU; or

(b)

Seeking Department employment to work at SACU after 1⁄1/2018.

(2)

If the Department determines that an SI has abuse that meets all the following criteria, the Department may not hire or retain the SI to work in SACU:

(a)

The abuse investigation resulted in an outcome of substantiated on or after 1⁄1/2018.

(b)

The abuse meets definitions in ORS 430.735 (Definitions for ORS 430.735 to 430.765) and is one of the following types:

(A)

Any physical injury caused by other than natural or accidental means, or that appears to be at variance with the explanation given of the injury.

(B)

Willful infliction of physical pain or injury.

(C)

Sexual abuse.

(D)

Neglect, specifically the withholding of services necessary to maintain the health and well-being of an adult which leads to physical harm of an adult.

(E)

Financial exploitation, specifically:
(i)
Wrongfully taking the assets, funds or property belonging to or intended for the use of a person with a developmental disability; or
(ii)
Misappropriating, misusing or transferring without authorization any money from any account held jointly or singly by a person with a developmental disability;

(F)

Any death caused by other than natural or accidental means.

(c)

During the investigation, the investigator provided notice of the allegation to the SI (as the alleged perpetrator, reported perpetrator, respondent, or accused person) and offered the SI the opportunity to participate in the investigation.

(d)

The investigation results in an outcome of substantiated, finding the SI to be responsible for the abuse.

(e)

The Department provided written notice of the outcome of the investigation to the SI, including an explanation of any due process rights.

(f)

The period of time for the Department’s due process has been completed resulting in a final order of substantiated abuse.

(3)

The SI is not eligible for a fitness determination with a weighing test under ORS 181A.195 (Criminal records check) or OAR 407-007-0430 (Applicants to the Department) regardless of any other potentially disqualifying abuse the SI has. The Department must find the SI ineligible due to OAR 407-007-0445 (Employees Who Apply or Are Hired at SACU after 1/1/2018). The SI has no hearing rights regarding employment if found ineligible due to OAR 407-007-0445 (Employees Who Apply or Are Hired at SACU after 1/1/2018). The Department shall provide written notice to the SI at the address provided by the SI.

(4)

If the abuse does not meet all the requirements in section (2), then OAR 407-007-0430 (Applicants to the Department) or OAR 407-007-0440 (Current Employees of the Department) apply.

Source: Rule 407-007-0445 — Employees Who Apply or Are Hired at SACU after 1/1/2018, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=407-007-0445.

407‑007‑0000
Purpose and Scope 407‑007‑0010
Definitions 407‑007‑0020
Criminal History Check Required 407‑007‑0030
Criminal Records Check Process 407‑007‑0041
Potentially Disqualifying Convictions 407‑007‑0050
Potentially Disqualifying Conditions 407‑007‑0060
Weighing Test 407‑007‑0065
Hired on a Preliminary Basis 407‑007‑0070
Final Fitness Determinations 407‑007‑0080
Contesting a Final Fitness Determination 407‑007‑0090
Record Keeping, Confidentiality 407‑007‑0100
Variances 407‑007‑0200
Purpose and Scope 407‑007‑0210
Definitions 407‑007‑0220
Background Check Required 407‑007‑0230
Qualified Entity 407‑007‑0240
QE Designees and QE Initiators 407‑007‑0250
Background Check Process 407‑007‑0275
Convictions Under ORS 443.004 Resulting in Ineligibility for Aging and People with Disabilities Program and Developmental Disabilities Program SIs 407‑007‑0277
Convictions Under ORS 443.004 Resulting in Ineligibility for Mental Health or Alcohol and Drug Program SIs 407‑007‑0279
Federal Mandatory Exclusions 407‑007‑0281
Potentially Disqualifying Convictions 407‑007‑0290
Potentially Disqualifying Conditions 407‑007‑0300
Weighing Test 407‑007‑0315
Hired on a Preliminary Basis 407‑007‑0318
Approval for “Family First” Subject Individuals 407‑007‑0320
Final Fitness Determinations 407‑007‑0330
Contesting a Fitness Determination 407‑007‑0340
Record Keeping, Confidentiality 407‑007‑0350
Immunity from Liability 407‑007‑0370
Variances 407‑007‑0400
Purpose 407‑007‑0410
Definitions 407‑007‑0420
Reporting Abuse Allegations Required 407‑007‑0430
Applicants to the Department 407‑007‑0440
Current Employees of the Department 407‑007‑0445
Employees Who Apply or Are Hired at SACU after 1/1/2018 407‑007‑0450
Current Volunteers of the Department 407‑007‑0455
Current Contract SIs of the Department 407‑007‑0460
Confidentiality 407‑007‑0600
Purpose 407‑007‑0610
Definitions 407‑007‑0620
Background Check Registry 407‑007‑0630
Reporting Requirements for Qualified Entities 407‑007‑0640
Access and Release of Information
Last Updated

Jun. 8, 2021

Rule 407-007-0445’s source at or​.us