OAR 413-120-0457
Weighing Test

When making a fitness determination with regard to a subject individual with a history of potentially disqualifying crimes or conditions, the authorized designee must consider any of the following factors that apply to the subject individual or the subject individual’s situation:

(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.

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. 8, 2021

Rule 413-120-0457’s source at or​.us