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.

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 413-120-0460’s source at or​.us