OAR 413-120-0460
Contesting a Fitness Determination
(1)
If the Department determines that a subject individual cannot be certified or approved as a relative caregiver, foster parent, or adoptive resource based on a negative fitness determination, unless the subject individual voluntarily withdraws from the process, the Department must notify the subject individual in writing that the subject individual:(a)
Has a right to inspect and challenge his or her Oregon criminal offender information through OSP procedures as adopted per ORS 181.555(3) and OAR 257-010-0035 (Access by Individuals for Purpose of Review and/or Challenge);(b)
May challenge the accuracy or completeness of any entry on the subject individual’s criminal records provided by the FBI by filing a challenge with the Assistant Director of the FBI Identification Division, Washington, DC 20537-9700; and(c)
May appeal the Department’s determination of unfitness or indicate an intent to challenge information in the OSP or FBI report by requesting a contested case hearing pursuant to ORS chapter 183 and OAR 413-010-0500 (Purpose, Right to Request Hearing, Applicable Rules, and Computation of Time) to 413-010-0535 (Proposed and Final Orders) provided that the Department receives the request for a contested case hearing in writing within 30 days from the date of mailing the notice.(2)
Upon the determination of the Department that an applicant for relative care, foster care, or adoption of a child in the custody of the Department cannot be approved due to the denial of an other person in the household, the certifier or adoption worker must inform:(a)
The other person in the household, who was denied, of the right to inspect and challenge the subject individual’s Oregon criminal offender information through OSP procedures as adopted per ORS 181.555(3) and OAR 257-010-0035 (Access by Individuals for Purpose of Review and/or Challenge) and the person’s rights under ORS 181.557(2)(b);(b)
The other person in the household, who was denied, of the right to challenge the accuracy or completeness of any entry on the subject individual’s criminal records provided by the FBI by filing a challenge with the Assistant Director of the FBI Identification Division, Washington, DC 20537-9700; and(c)
The relative caregiver, foster parent, or adoption applicant whose approval is affected by the denial of the other person in the household, in writing, that:(A)
Based on the other person in the household’s denial, the Department may not certify or approve the relative caregiver, foster parent, or adoption applicant as long as the other person in the household remains in the home or provides care to a child or young adult in the home; and(B)
The relative caregiver, foster parent, or adoption applicant may appeal in a contested case hearing the Department’s denial, provided that the Department receives the applicant’s request for a contested case hearing in writing within 30 days from the date of mailing the notice to the applicant.(3)
Child Welfare Policy I-A.5.2, “Contested Case Hearings”, OAR 413-010-0500 (Purpose, Right to Request Hearing, Applicable Rules, and Computation of Time) to 413-010-0535 (Proposed and Final Orders) describes the requirements and process for requesting a contested case hearing due to the denial or revocation of a Certificate of Approval or a denial of approval to be an adoptive resource, including denials based on the criminal history, or false statement with regard to criminal history, of an applicant or other person in the household.
Source:
Rule 413-120-0460 — Contesting a Fitness Determination, https://secure.sos.state.or.us/oard/view.action?ruleNumber=413-120-0460.