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 11/2018 at SACU; or

(b)

Seeking Department employment to work at SACU after 11/2018.

(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 11/2018.

(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