OAR 414-061-0020
Definitions
(1)
"Adult protective services history” means information about whether the subject individual has a substantiated finding of abuse or neglect in an adult abuse investigation conducted by the Oregon Department of Human Services or its contractor or designee, or similar information held by another state, county, municipal or other governmental entity or its contractor or designee.(2)
“Adult protective services check” means a certification by the subject individual of the presence or absence of a substantiated finding of abuse or neglect in an adult abuse investigation, or obtaining and reviewing adult protective services records from appropriate governmental authority, its designee or contractor as required or permitted by these rules .(3)
“Agency Agreement” means the written agreement between the Oregon State Police (OSP) and the Oregon Office of Child Care (OCC).(4)
“Central Background Registry” or “CBR” means the registry established and operated pursuant to ORS 329A.030 (Central Background Registry).(5)
“Child Abuse and Neglect Records” means information on child abuse and neglect cases conducted by the Oregon Department of Human Services or its contractor or designee, or similar information held by another state, county, municipal or other governmental entity or its contractor or designee.(6)
“Child Abuse and Neglect Records Check” means obtaining and reviewing child abuse and neglect reports and records as required or permitted by these rules.(7)
“Computerized Criminal History (CCH) System” means the on-line computer files of significant criminal offender information maintained by the Oregon State Police (OSP).(8)
“Conditional Enrollment” means enrollment in the CBR pursuant to ORS 329A.030 (Central Background Registry)(6)(a).(9)
“Criminal Records” means information, including fingerprints and photographs, received, compiled, and disseminated by the Oregon State Police, or by other states or jurisdictions, for purposes of identifying criminal offenders and alleged offenders and maintained as to such persons’ records of arrest, the nature and disposition of criminal charges, sentencing, confinement, and release and includes the OSP Computerized Criminal History System.(10)
“Criminal Records Check” means obtaining and reviewing criminal records as required or permitted by these rules and includes any or all of the following;(a)
A check of Oregon criminal records and driving records conducted through use of the Law Enforcement Data System (LEDS) maintained by OSP, in accordance with the rules adopted and procedures established by OSP;(b)
A check of Oregon criminal records, including through fingerprint identification or other means, conducted by OSP at the authorized agency or district’s request;(c)
A nationwide check of criminal records, including through fingerprint identification, conducted by OSP through the Federal Bureau of Investigation (FBI);(d)
A check of criminal records repositories maintained by any state or jurisdiction, including through fingerprint identification or name-based identification;(e)
A check of the National Criminal Information Center’s National Sex Offender Registry (NSOR); or(f)
A check of a sex offender registry maintained by any state or jurisdiction.(11)
“Early Childhood Care and Education Program” means a regulated child care facility, federally-funded Head Start program, Oregon Department of Education funded pre-kindergarten program, parent-as-teacher program, or early childhood special education/early intervention program.(12)
“Early Learning Program” means a preschool provider referenced in ORS 329.172 (Preschool Promise Program)(3) that has applied to participate in the preschool program described in that section.(13)
“Employee” means any individual caring for, overseeing, or who has or may have access to children, who holds a paid position in a requesting agency.(14)
“Employee of the Early Learning Division” means any individual employed by the Early Learning Division.(15)
“Enrollment” means approval for a five -year period to be enrolled in the Central Background Registry following an OSP criminal records check, child abuse and neglect records check, checks of adult protective services and foster care certification, and, an FBI records check.(16)
“Fee” means the charges assessed by the subject individual for processing each criminal records check and/or fingerprint-based criminal records check.(17)
“FBI” means the Federal Bureau of Investigation.(18)
“Fingerprint-Based Criminal Records” means criminal offender information compiled and maintained by the Federal Bureau of Investigation.(19)
“Foster Care Certification History” means information and records regarding the status of any application for or approval of the Oregon Department of Human Services permitting the subject individual to provide foster care, or similar information held by another state, county, municipal or other governmental authorities or their contractors or designees.(20)
“Foster care certification check” means a certification by the subject individual of the presence or absence of any negative action taken on their foster care certification by appropriate governmental authority, or obtaining and reviewing foster care from appropriate governmental authority, its designee or contractor as required or permitted by these rules.(21)
“Incident” means the commission of a Category I or Category II crime, a child abuse and neglect case, negative foster care history, or a substantiated finding of adult abuse or neglect(22)
“OCC” means the Office of Child Care of the Early Learning Division of the Department of Education.(23)
“OSP” means the Oregon State Police.(24)
“Reciprocal Agreement Program” includes:(a)
A metropolitan service district organized under ORS chapter 268; and(b)
A private agency or organization facilitating the provision of respite services, as defined in ORS 418.205 (Definitions for ORS 418.205 to 418.327, 418.470, 418.475, 418.950 to 418.970 and 418.992 to 418.998), for parents pursuant to a properly executed power of attorney under ORS 109.056 (Delegation of certain powers by parent or guardian).(25)
“Requesting Agency” means a childhood care and education program or individual providing care to children that is:(a)
Regulated by OCC under ORS 329A.280 (When certification required) or 329A.330 (Registration requirements); or(b)
An early childhood care and education program.(26)
“Unsupervised Contact with Children” means contact with children that provides the person opportunity for personal communication or touch when not under the direct supervision of a child care provider or staff with supervisory authority.
Source:
Rule 414-061-0020 — Definitions, https://secure.sos.state.or.us/oard/view.action?ruleNumber=414-061-0020.