OAR 413-120-0457
Weighing Test
(1)
Circumstances regarding the nature of potentially disqualifying convictions and conditions, including but not limited to:(a)
The details of the incidents that led to potentially disqualifying convictions, arrests, or other disqualifying conditions.(b)
The age of the subject individual at the time of the incidents that led to potentially disqualifying convictions, arrests, or other disqualifying conditions.(c)
The passage of time since the incidents that led to potentially disqualifying convictions, arrests, or other disqualifying conditions.(d)
The facts that support the convictions, arrests, or potentially disqualifying conditions.(e)
Whether or not the subject individual was charged with or indicted for a crime related to a potentially disqualifying arrest.(f)
The disposition of any charge or indictment related to a potentially disqualifying arrest.(g)
Consideration of state and federal laws, including regulations and rules which address crimes or conditions that potentially disqualify a person from being a relative caregiver, foster parent, adoptive resource, or an other person in the household.(2)
Other factors when available including but not limited to:(a)
Other information related to criminal activity including charges, arrests, pending indictments, and convictions. Other behavior involving contact with law enforcement may also be reviewed if information is relevant to other criminal records or shows a pattern relevant to criminal history.(b)
Periods of incarceration.(c)
Status of and compliance with parole, post-prison supervision, or probation.(d)
Evidence of alcohol or drug issues directly related to criminal activity or potentially disqualifying conditions.(e)
Evidence of treatment or rehabilitation related to criminal activity or potentially disqualifying conditions.(f)
Likelihood of repetition of criminal behavior or behaviors leading to potentially disqualifying conditions, including but not limited to patterns of criminal activity or behavior.(g)
Changes in circumstances subsequent to the criminal activity or disqualifying conditions including but not limited to:(A)
History of high school, college, or other education related accomplishments.(B)
Work history (employee or volunteer).(C)
History regarding licensure, certification, or training for licensure or certification.(D)
Written recommendations from current or past employers, including Department client employers.(h)
Indication of the subject individual’s cooperation, honesty, or the making of a false statement during the criminal records check process.(i)
Acknowledgment and acceptance of responsibility for criminal activity and potentially disqualifying conditions.(j)
When the subject individual is seeking to provide care for a specific child or young adult, whether or not denial of the subject individual would create emotional harm to the child or young adult and placement of the child or young adult with the subject individual would be a safe placement that is in the best interest of the child or young adult.(3)
The authorized designee must consider the relevancy of the subject individual’s criminal activity or potentially disqualifying conditions to the subject individual’s fitness to be relative caregiver, foster parent, adoptive resource, or other person in the household.
Source:
Rule 413-120-0457 — Weighing Test, https://secure.sos.state.or.us/oard/view.action?ruleNumber=413-120-0457.