OAR 413-120-0450
Disqualifying and Potentially Disqualifying Criminal Convictions


(1)

The Department must determine the fitness of individuals who have been convicted of crimes, or who have been arrested for but not convicted for certain crimes, to be relative caregivers, foster parents, respite care providers, adoptive resources, or an other person in the household.

(2)

An authorized designee employed by the Department must make all fitness determinations.

(3)

A subject individual convicted of any crime described in subsections (a) to (h) of this section may not be a relative caregiver, foster parent, adoptive resource, or an other person in the household regardless of how long ago the subject individual was convicted or any other factors or circumstances that exist. An authorized designee making a fitness determination under these rules must deny any subject individual who has been convicted in Oregon or any other jurisdiction of a felony crime that involves:

(a)

Violence, including rape, sexual assault, and homicide, but not including other physical assault or battery;

(b)

Intentional starvation or torture;

(c)

Abuse or neglect of a child;

(d)

Spousal abuse;

(e)

Aiding, abetting, attempting, soliciting, or conspiring to cause the death of a child;

(f)

Sodomy or sexual abuse;

(g)

A child as the victim (including child pornography); or

(h)

The following crimes under Oregon law, or substantially similar crimes in Oregon or any other jurisdiction:

(A)

ORS 162.155 (Escape in the second degree) — Escape in the second degree, if the crime involves violence;

(B)

ORS 162.165 (Escape in the first degree) — Escape in the first degree, if the crime involves violence;

(C)

ORS 162.325 (Hindering prosecution) — Hindering prosecution, if the crime involves violence;

(D)

ORS 163.095 (“Aggravated murder” defined) — Aggravated murder;

(E)

ORS 163.115 (Murder in the second degree) — Murder;

(F)

ORS 163.118 (Manslaughter in the first degree) — Manslaughter in the first degree;

(G)

ORS 163.125 (Manslaughter in the second degree) — Manslaughter in the second degree;

(H)

ORS 163.145 (Criminally negligent homicide) — Criminally negligent homicide;

(I)

ORS 163.149 (Aggravated vehicular homicide) — Aggravated vehicular homicide;

(J)

ORS 163.160 (Assault in the fourth degree) — Assault in the fourth degree, if classified as a felony, and the victim is a child or the subject individual’s spouse;

(K)

ORS 163.165 (Assault in the third degree) — Assault in the third degree if the victim is a child or the subject individual’s spouse;

(L)

ORS 163.175 (Assault in the second degree) — Assault in the second degree if the victim is a child or the subject individual’s spouse;

(M)

ORS 163.185 (Assault in the first degree) — Assault in the first degree if the victim is a child or the subject individual’s spouse;

(N)

ORS 163.205 (Criminal mistreatment in the first degree) — Criminal mistreatment in the first degree if the victim is a child or the subject individual’s spouse, or if the crime involves violence;

(O)

ORS 163.207 (Female genital mutilation) — Female genital mutilation;

(P)

ORS 163.213 (Unlawful use of an electrical stun gun, tear gas or mace in the first degree) — Unlawful use of an electrical stun gun, tear gas, or mace in the first degree;

(Q)

ORS 163.225 (Kidnapping in the second degree) — Kidnapping in the second degree if the victim is a child or the subject individual’s spouse, or if the crime involves violence;

(R)

ORS 163.235 (Kidnapping in the first degree) — Kidnapping in the first degree if the victim is a child or the subject individual’s spouse, or if the crime involves violence;

(S)

ORS 163.245 (Custodial interference in the second degree) — Custodial interference in the second degree if the victim is a child;

(T)

ORS 163.257 (Custodial interference in the first degree) — Custodial interference in the first degree if the victim is a child;

(U)

ORS 163.355 (Rape in the third degree) — Rape in the third degree;

(V)

ORS 163.365 (Rape in the second degree) — Rape in the second degree;

(W)

ORS 163.375 (Rape in the first degree) — Rape in the first degree;

(X)

ORS 163.385 (Sodomy in the third degree) — Sodomy in the third degree;

(Y)

ORS 163.395 (Sodomy in the second degree) — Sodomy in the second degree;

(Z)

ORS 163.405 (Sodomy in the first degree) — Sodomy in the first degree;

(AA)

ORS 163.408 (Unlawful sexual penetration in the second degree) — Unlawful sexual penetration in the second degree;

(BB)

ORS 163.411 (Unlawful sexual penetration in the first degree) — Unlawful sexual penetration in the first degree;

(CC)

ORS 163.425 (Sexual abuse in the second degree) — Sexual abuse in the second degree;

(DD)

ORS 163.427 (Sexual abuse in the first degree) — Sexual abuse in the first degree;

(EE)

ORS 163.432 (Online sexual corruption of a child in the second degree) — Online sexual corruption of a child in the second degree;

(FF)

ORS 163.433 (Online sexual corruption of a child in the first degree) — Online sexual corruption of a child in the first degree;

(GG)

ORS 163.452 (Custodial sexual misconduct in the first degree) — Custodial sexual misconduct in the first degree;

(HH)

ORS 163.479 (Unlawful contact with a child) — Unlawful contact with a child;

(II)

ORS 163.525 (Incest) — Incest, if the victim of the offense is a child;

(JJ)

ORS 163.535 (Abandonment of a child) — Abandonment of a child;

(KK)

ORS 163.537 (Buying or selling a person under 18 years of age) — Buying or selling a person under 18 years of age;

(LL)

ORS 163.547 (Child neglect in the first degree) — Child neglect in the first degree;

(MM)

ORS 163.555 (Criminal nonsupport) — Criminal nonsupport;

(NN)

ORS 163.670 (Using child in display of sexually explicit conduct) — Using a child in display of sexually explicit conduct;

(OO)

ORS 163.684 (Encouraging child sexual abuse in the first degree) — Encouraging child sexual abuse in the first degree;

(PP)

ORS 163.686 (Encouraging child sexual abuse in the second degree) — Encouraging child sexual abuse in the second degree;

(QQ)

ORS 163.688 (Possession of materials depicting sexually explicit conduct of a child in the first degree) — Possession of materials depicting sexually explicit conduct of a child in the first degree;

(RR)

ORS 163.689 (Possession of materials depicting sexually explicit conduct of a child in the second degree) — Possession of materials depicting sexually explicit conduct of a child in the second degree;

(SS)

ORS 164.125 (Theft of services) — Theft of services, if the theft involves violence and is for services valued at $750 or more;

(TT)

ORS 164.225 (Burglary in the first degree) — Burglary in the first degree if the crime involves violence;

(UU)

ORS 164.395 (Robbery in the third degree) — Robbery in the third degree if the crime involves violence;

(VV)

ORS 164.405 (Robbery in the second degree) — Robbery in the second degree if the crime involves violence;

(WW)

ORS 164.415 (Robbery in the first degree) — Robbery in the first degree if the crime involves violence;

(XX)

ORS 166.015 (Riot) — Riot if the crime involves violence;

(YY)

ORS 166.165 (Bias crime in the first degree) — Intimidation in the first degree if the crime involves violence;

(ZZ)

ORS 166.220 (Unlawful use of weapon) — Unlawful use of a weapon if the crime involves violence;

(AAA)

ORS 167.017 (Compelling prostitution) — Compelling prostitution, if the victim is a child or the subject individual’s spouse; or

(BBB)

ORS 167.057 (Luring a minor) — Luring a minor.

(4)

An authorized designee making a fitness determination under these rules must deny any subject individual who has been convicted in Oregon or any other jurisdiction of a felony crime within the last five years preceding the date of the fitness determination, if the felony crime involves:

(a)

Physical assault, battery;

(b)

A drug-related offense; or

(c)

Any of the following crimes under Oregon law, or substantially similar crimes in Oregon or any other jurisdiction:

(A)

ORS 163.160 (Assault in the fourth degree) — Assault in the fourth degree, if classified as a felony.

(B)

ORS 163.165 (Assault in the third degree) — Assault in the third degree.

(C)

ORS 163.175 (Assault in the second degree) — Assault in the second degree.

(D)

ORS 163.185 (Assault in the first degree) — Assault in the first degree if the crime involved violence.

(E)

ORS 163.208 (Assaulting a public safety officer) — Assaulting a public safety officer.

(F)

ORS 167.212 (Tampering with drug records) — Tampering with drug records.

(G)

ORS 167.262 (Use of minor in controlled substance or marijuana item offense) — Adult using minor in commission of controlled substance offense, if classified as a felony.

(H)

ORS 475.846 (Unlawful manufacture of heroin) — Unlawful manufacture of heroin.

(I)

ORS 475.848 (Unlawful manufacture of heroin within 1,000 feet of school) — Unlawful manufacture of heroin within 1,000 feet of school.

(J)

ORS 475.850 (Unlawful delivery of heroin) — Unlawful delivery of heroin.

(K)

ORS 475.852 (Unlawful delivery of heroin within 1,000 feet of school) — Unlawful delivery of heroin within 1,000 feet of school.

(L)

ORS 475.854 (Unlawful possession of heroin) — Unlawful possession of heroin.

(M)

ORS 475.856 — Unlawful manufacture of marijuana.

(N)

ORS 475.858 — Unlawful manufacture of marijuana within 1,000 feet of school.

(O)

ORS 475.860 — Unlawful delivery of marijuana, if classified as a felony.

(P)

ORS 475.862 — Unlawful delivery of marijuana within 1,000 feet of school.

(Q)

ORS 475.864 — Unlawful possession of marijuana, if classified as a felony.

(R)

ORS 475.866 (Unlawful manufacture of 3,4-methylene- dioxymethamphetamine) — Unlawful manufacture of 3,4-methylene-dioxymethamphetamine.

(S)

ORS 475.868 (Unlawful manufacture of 3,4-methylene- dioxymethamphetamine within 1,000 feet of school) — Unlawful manufacture of 3,4-methylene-dioxymethamphetamine within 1,000 feet of school.

(T)

ORS 475.870 (Unlawful delivery of 3,4-methylenedioxy- methamphetamine) — Unlawful delivery of 3,4-methylenedioxy-methamphetamine.

(U)

ORS 475.872 (Unlawful delivery of 3,4-methylenedioxy- methamphetamine within 1,000 feet of school) — Unlawful delivery of 3,4-methylenedioxy-methamphetamine within 1,000 feet of school.

(V)

ORS 475.874 (Unlawful possession of 3,4-methylenedioxymethamphetamine) — Unlawful possession of 3,4-methylenedioxymethamphetamine.

(W)

ORS 475.876 (Unlawful manufacture of cocaine) — Unlawful manufacture of cocaine.

(X)

ORS 475.878 (Unlawful manufacture of cocaine within 1,000 feet of school) — Unlawful manufacture of cocaine within 1,000 feet of school.

(Y)

ORS 475.880 (Unlawful delivery of cocaine) — Unlawful delivery of cocaine.

(Z)

ORS 475.882 (Unlawful delivery of cocaine within 1,000 feet of school) — Unlawful delivery of cocaine within 1,000 feet of school.

(AA)

ORS 475.884 (Unlawful possession of cocaine) — Unlawful possession of cocaine.

(BB)

ORS 475.886 (Unlawful manufacture of methamphetamine) — Unlawful manufacture of methamphetamine.

(CC)

ORS 475.888 (Unlawful manufacture of methamphetamine within 1,000 feet of school) — Unlawful manufacture of methamphetamine within 1,000 feet of school.

(DD)

ORS 475.890 (Unlawful delivery of methamphetamine) — Unlawful delivery of methamphetamine.

(EE)

ORS 475.892 (Unlawful delivery of methamphetamine within 1,000 feet of school) — Unlawful delivery of methamphetamine within 1,000 feet of school.

(FF)

ORS 475.894 (Unlawful possession of methamphetamine) — Unlawful possession of methamphetamine.

(GG)

ORS 475.904 (Unlawful manufacture or delivery of controlled substance within 1,000 feet of school) — Unlawful manufacture or delivery of controlled substance within 1,000 feet of school.

(HH)

ORS 475.908 (Causing another person to ingest a controlled substance) — Causing another person to ingest a controlled substance.

(II)

ORS 475.910 (Application of controlled substance to the body of another person) — Application of controlled substance to the body of another person, if the controlled substance is in Schedule I, II, III, or IV.

(JJ)

ORS 475.914 (Prohibited acts for registrants) — Prohibited acts for registrants related to Schedule I controlled substances.

(KK)

ORS 475.962 (Distribution of equipment, solvent, reagent or precursor substance with intent to facilitate manufacture of controlled substance) — Distribution of equipment, solvent, reagent, or precursor substance with intent to facilitate manufacture of controlled substance.

(LL)

ORS 475.967 (Possession of precursor substance with intent to manufacture controlled substance) — Possession of precursor substance with intent to manufacture controlled substance.

(MM)

ORS 475.977 (Possessing or disposing of methamphetamine manufacturing waste) — Possessing or disposing of methamphetamine manufacturing waste.

(5)

In addition to any other requirements pertaining to fitness determinations:

(a)

Any fitness determinations made with regard to crimes identified in subsection (b) of this section must adhere to the following requirements:

(A)

Approval of any subject individual convicted of a crime identified in subsection (b) of this section may not occur unless the fitness determination leading to approval is made by one of the following authorized designees:
(i)
The Department’s Child Welfare Director; or
(ii)
The Department’s Child Welfare and Self Sufficiency Chief Operating Officer; or
(iii)
An Administrator or Manager who does not work in the district in which the criminal records check was initiated and who is designated by the Department’s Child Welfare Director.

(B)

Denial of any subject individual convicted of a crime identified in this section may not occur unless the fitness determination leading to denial is made by an authorized designee who is a Child Welfare Supervisor, a Child Welfare Program Manager, a District Manager, or an Administrator.

(b)

Crimes to which subsection (a) of this section applies are as follows:

(A)

Any misdemeanor crime of violence against a child.

(B)

Any felony involving violence, unless the offense meets the criteria under sections (3) or (4) of this rule.

(C)

A felony drug-related offense, unless the offense meets the criteria under sections (3) or (4) of this rule.

(D)

The following crimes under Oregon law or substantially similar crimes in Oregon or any other jurisdiction:
(i)
ORS 162.155 (Escape in the second degree) — Escape in the second degree, if the crime involves the threatened use of violence. (If the conviction meets the criteria in section (3) of this rule, the subject individual must be denied.)
(ii)
ORS 162.165 (Escape in the first degree) — Escape in the first degree, if the crime involves the threatened use of violence or the threatened use of a dangerous or deadly weapon. (If the conviction meets the criteria in section (3) of this rule, the subject individual must be denied.)
(iii)
ORS 163.160 (Assault in the fourth degree) — Assault in the fourth degree, if the conviction is classified as a felony. (If the conviction occurred within five years before the fitness determination or if the victim was a child, the subject individual must be denied.)
(iv)
ORS 163.160 (Assault in the fourth degree) — Assault in the fourth degree if the conviction is a misdemeanor and the victim is a child. (If the conviction is a felony and the victim is a child, the subject individual must be denied.)
(v)
ORS 163.165 (Assault in the third degree) — Assault in the third degree. (If the conviction meets the criteria in sections (3) or (4) of this rule, the subject individual must be denied.)
(vi)
ORS 163.175 (Assault in the second degree) — Assault in the second degree. (If the conviction meets the criteria in sections (3) or (4) of this rule, the subject individual must be denied.)
(vii)
ORS 163.185 (Assault in the first degree) — Assault in the first degree. (If the conviction meets the criteria in sections (3) or (4) of this rule, the subject individual must be denied.)
(viii)
ORS 164.395 (Robbery in the third degree) — Robbery in the third degree. (If the conviction meets the criteria in section (3) of this rule, the subject individual must be denied.)
(ix)
ORS 164.405 (Robbery in the second degree) — Robbery in the second degree. (If the conviction meets the criteria in section (3) of this rule, the subject individual must be denied.)
(x)
ORS 164.415 (Robbery in the first degree) — Robbery in the first degree. (If the conviction meets the criteria in section (3) of this rule, the subject individual must be denied.)
(xi)
ORS 166.015 (Riot) — Riot. (If the conviction meets the criteria in section (3) of this rule, the subject individual must be denied.)
(xii)
ORS 166.165 (Bias crime in the first degree) — Intimidation in the first degree. (If the conviction meets the criteria in section (3) of this rule, the subject individual must be denied.)
(xiii)
ORS 166.220 (Unlawful use of weapon) — Unlawful use of weapon. (If the conviction meets the criteria in section (3) of this rule, the subject individual must be denied.)
(xiv)
ORS 167.017 (Compelling prostitution) — Compelling prostitution. (If the conviction meets the criteria in section (3) of this rule, the subject individual must be denied.)
(xv)
ORS 167.212 (Tampering with drug records) — Tampering with drug records. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)
(xvi)
ORS 475.846 (Unlawful manufacture of heroin) — Unlawful manufacture of heroin. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)
(xvii)
ORS 475.848 (Unlawful manufacture of heroin within 1,000 feet of school) — Unlawful manufacture of heroin within 1,000 feet of school. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)
(xviii)
ORS 475.850 (Unlawful delivery of heroin) — Unlawful delivery of heroin. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)
(xix)
ORS 475.852 (Unlawful delivery of heroin within 1,000 feet of school) — Unlawful delivery of heroin within 1,000 feet of school. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)
(xx)
ORS 475.854 (Unlawful possession of heroin) — Unlawful possession of heroin. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)
(xxi)
ORS 475.856 — Unlawful manufacture of marijuana. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)
(xxii)
ORS 475.858 — Unlawful manufacture of marijuana within 1,000 feet of school. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)
(xxiii)
ORS 475.860 — Unlawful delivery of marijuana if the conviction is a felony. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)
(xxiv)
ORS 475.862 — Unlawful delivery of marijuana within 1,000 feet of school. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)
(xxv)
ORS 475.864 — Unlawful possession of marijuana if the conviction is a felony. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)
(xxvi)
ORS 475.866 (Unlawful manufacture of 3,4-methylene- dioxymethamphetamine) — Unlawful manufacture of 3,4 methylenedioxymethamphetamine. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)
(xxvii)
ORS 475.868 (Unlawful manufacture of 3,4-methylene- dioxymethamphetamine within 1,000 feet of school) — Unlawful manufacture of 3,4-methylenedioxymethamphetamine within 1,000 feet of school. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)
(xxviii)
ORS 475.870 (Unlawful delivery of 3,4-methylenedioxy- methamphetamine) — Unlawful delivery of 3,4-methylenedioxymethamphetamine. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)
(xxix)
ORS 475.872 (Unlawful delivery of 3,4-methylenedioxy- methamphetamine within 1,000 feet of school) — Unlawful delivery of 3,4-methylenedioxymethamphetamine within 1,000 feet of school. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)
(xxx)
ORS 475.874 (Unlawful possession of 3,4-methylenedioxymethamphetamine) — Unlawful possession of 3,4-methylenedioxymethamphetamine. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)
(xxxi)
ORS 475.876 (Unlawful manufacture of cocaine) — Unlawful manufacture of cocaine. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)
(xxxii)
ORS 475.878 (Unlawful manufacture of cocaine within 1,000 feet of school) — Unlawful manufacture of cocaine within 1,000 feet of school. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)
(xxxiii)
ORS 475.880 (Unlawful delivery of cocaine) — Unlawful delivery of cocaine. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)
(xxxiv)
ORS 475.882 (Unlawful delivery of cocaine within 1,000 feet of school) — Unlawful delivery of cocaine within 1,000 feet of school. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)
(xxxv)
ORS 475.884 (Unlawful possession of cocaine) — Unlawful possession of cocaine. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)
(xxxvi)
ORS 475.886 (Unlawful manufacture of methamphetamine) — Unlawful manufacture of methamphetamine. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)
(xxxvii)
ORS 475.888 (Unlawful manufacture of methamphetamine within 1,000 feet of school) — Unlawful manufacture of methamphetamine within 1,000 feet of school. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)
(xxxviii)
ORS 475.890 (Unlawful delivery of methamphetamine) — Unlawful delivery of methamphetamine. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)
(xxxix)
ORS 475.892 (Unlawful delivery of methamphetamine within 1,000 feet of school) — Unlawful delivery of methamphetamine within 1,000 feet of school. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)

(xl)

ORS 475.894 (Unlawful possession of methamphetamine) — Unlawful possession of methamphetamine. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)

(xli)

ORS 475.904 (Unlawful manufacture or delivery of controlled substance within 1,000 feet of school) — Unlawful manufacture or delivery of controlled substance within 1,000 feet of school. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)

(xlii)

ORS 475.908 (Causing another person to ingest a controlled substance) — Causing another person to ingest a controlled substance. (If the conviction meets the criteria in sections (3) or (4) of this rule, the subject individual must be denied.)

(xliii)

ORS 475.910 (Application of controlled substance to the body of another person) — Application of controlled substance to the body of another person. (If the conviction meets the criteria in sections (3) or (4) of this rule, the subject individual must be denied.)

(xliv)

ORS 475.962 (Distribution of equipment, solvent, reagent or precursor substance with intent to facilitate manufacture of controlled substance) — Distribution of equipment, solvent, reagent, or precursor substance with intent to facilitate manufacture of controlled substance. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)

(xlv)

ORS 475.967 (Possession of precursor substance with intent to manufacture controlled substance) — Possession of precursor substance with intent to manufacture controlled substance. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)

(xlvi)

ORS 475.977 (Possessing or disposing of methamphetamine manufacturing waste) — Possessing or disposing of methamphetamine manufacturing waste. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)

(6)

In addition to any other requirements pertaining to fitness determinations:

(a)

Any fitness determinations made with regard to crimes identified in subsection (b) of this section must adhere to the following requirements:

(A)

Approval of any subject individual convicted of a crime identified in subsection (b) of this section may not occur unless the fitness determination leading to approval is made by one of the following authorized designees:
(i)
An Administrator designated by the Department’s Child Welfare Director.
(ii)
A District Manager.
(iii)
If permitted by the District Manager in the District in which the criminal records check was initiated, a Child Welfare Program Manager.

(B)

Denial of any subject individual convicted of a crime identified in subsection (b) of this section may not occur unless the fitness determination leading to denial is made by an authorized designee who is a Child Welfare Supervisor, a Child Welfare Program Manager, a District Manager, or an Administrator designated by the Department’s Child Welfare Director.

(b)

Crimes to which subsection (a) of this section applies are as follows:

(A)

Any felony conviction for a crime which is not described in sections (3), (4), or (5) of this rule.

(B)

A conviction for any crime involving domestic violence and which is not described in sections (3), (4), or (5) of this rule.

(7)

In addition to any other requirements pertaining to fitness determinations:

(a)

Any fitness determinations made with regard to crimes identified in subsection (b) of this section must adhere to the following requirements:

(A)

Approval of any subject individual convicted of a crime identified in subsection (b) of this section may not occur unless the fitness determination leading to approval is made by one of the following authorized designees:
(i)
An Administrator designated by the Department’s Child Welfare Director.
(ii)
A District Manager.
(iii)
If permitted by the District Manager in the District in which the criminal records check was initiated, a Child Welfare Program Manager or a Child Welfare Supervisor.

(B)

Denial of any subject individual convicted of a crime identified in subsection (b) of this section may not occur unless the fitness determination leading to denial is made by an authorized designee who is a Child Welfare Supervisor, a Child Welfare Program Manager, a District Manager, or an Administrator designated by the Department’s Child Welfare Director.

(b)

Subsection (a) of this section applies to any misdemeanor conviction for a crime which is not described in sections (3) to (6) of this rule.

Source: Rule 413-120-0450 — Disqualifying and Potentially Disqualifying Criminal Convictions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=413-120-0450.

413–120–0000
Definitions
413–120–0010
Purpose
413–120–0016
Confidentiality
413–120–0020
Adoption Placement Selection Options
413–120–0021
Adoption Placement Selection by Caseworker
413–120–0025
Composition of an Adoption Committee
413–120–0035
Invitation to and Notification of Adoption Committee
413–120–0053
The Adoption Committee
413–120–0057
Adoption Placement Selection, Notification, and Documentation
413–120–0060
Review of the Adoption Placement Selection
413–120–0100
Purpose
413–120–0110
Values
413–120–0115
Procedures
413–120–0142
Purpose
413–120–0145
Values
413–120–0155
Conditions for Not Filing a Petition for Adoption
413–120–0160
Right to Use Expedited Process
413–120–0165
Requirements Prior to Proceeding to Legalization of the Adoption
413–120–0170
Attorney Fees
413–120–0175
Court Filing Requirements
413–120–0190
Purpose
413–120–0220
Adoption Application Requirements
413–120–0222
Conflict of Interest for Adoptive Applicants
413–120–0225
Conditions that Require Additional Approval or Termination of the Department’s Adoption Application Process
413–120–0240
Status Notification of Adoption Applications
413–120–0243
Prioritization of an Adoption Home Study Application
413–120–0246
Standards for an Adoptive Home and Release of an Adoption Home Study
413–120–0400
Purpose
413–120–0440
Circumstances in which a Criminal Records Check Must Occur and Types of Records Checks Required
413–120–0450
Disqualifying and Potentially Disqualifying Criminal Convictions
413–120–0455
Potentially Disqualifying Arrests
413–120–0457
Weighing Test
413–120–0460
Contesting a Fitness Determination
413–120–0475
Record Keeping, Confidentiality
413–120–0600
Purpose
413–120–0620
Values
413–120–0625
Roles and Responsibilities
413–120–0628
Criteria for Using the Cooperative Adoption Mediation Process
413–120–0630
Post Adoption Communication Agreements (PACAs)
413–120–0635
Cooperative Adoption Planning Through Legal Assistance Mediation Services
413–120–0700
Purpose
413–120–0720
Department Efforts to Place with Relatives, Current Caretakers and to Place Siblings Together
413–120–0730
Order of Preference for Identification of Potential Adoptive Resources
413–120–0735
Current Caretaker or Relative Caregiver Request for an Adoption Home Study
413–120–0750
Recruitment Efforts
413–120–0760
Identification of a Child’s Potential Adoptive Resources
413–120–0800
Purpose
413–120–0830
Department Actions Prior to Placement
413–120–0840
Early Adoption Transition
413–120–0860
Placement and Post-placement Supervision
413–120–0870
Disruption
413–120–0880
No Delay in Placement
413–120–0900
Purpose
413–120–0910
Duty to Provide Information to Convention Case Registry
413–120–0920
Adoption of a Child Immigrating to the United States (Incoming Convention Adoption)
413–120–0925
Adoption of a Child Emigrating from the United States (Outgoing Convention Adoption)
413–120–0930
Transition, Travel, Placement, and Registration Requirements
413–120–0940
Post-Placement Supervision
413–120–0945
Finalization and Post-Finalization Duties
413–120–0950
Adoption Assistance
413–120–0960
Disclosure to the Adoptive Family
413–120–0970
Hague Custody Declarations
Last Updated

Jun. 24, 2021

Rule 413-120-0450’s source at or​.us