OAR 461-165-0410
Provider Listing; Disqualifying Criminal History
(1)
This rule explains the grounds upon which the Department denies a request by a child care provider to receive child care payments from a self-sufficiency program of the Department based on the records of a subject individual (see OAR 125-007-0210 (Definitions) and 407-007-0210 (Definitions)(8)(a)(J)). For the purposes of this rule, the provider and any individual identified under OAR 461-165-0180 (Eligibility of Child Care Providers)(4) is considered a subject individual under OAR 125-007-0210 (Definitions) and 407-007-0210 (Definitions)(8)(a)(J).(2)
The Department may find a child care provider ineligible for payment when the criminal history of a subject individual indicates behavior that may jeopardize the safety of a child or have a detrimental effect on a child while in the care of the provider, in the following circumstances, the subject individual has:(a)
Been charged with or arrested for a drug-related, sexual, or violent crime listed in OAR 407-007-0270(1). There is a rebuttable presumption that such a subject individual is likely to engage in conduct that would pose a significant risk to a client, the Department, or a vulnerable individual.(b)
Been convicted of two or more crimes listed in OAR 125-007-0270 (Crimes Considered) at any time.(c)
Been found in violation of probation for a crime listed in OAR 125-007-0270 (Crimes Considered), at any time that relates to the person’s qualification or duties as a child care provider.(d)
Been charged with two or more crimes listed in OAR 125-007-0270 (Crimes Considered) within the past five years.(e)
Three or more arrests, at any time, for crimes listed in OAR 125-007-0270 (Crimes Considered).(3)
The Department may pay for the services of a child care provider even if a subject individual has a potentially disqualifying criminal or abuse history, defined by OAR 125-007-0270 (Crimes Considered) and 407 007 0290, only if the Department has determined, based on a weighing test as described in OAR 125-007-0260 (Final Fitness Determination), 407-007-0300 (Weighing Test), and 407-007-0320 (Final Fitness Determinations) and consideration of the information listed in OAR 407-007-0280, 407-007-0290 (Potentially Disqualifying Conditions), and this rule, that repeated criminal behavior is unlikely and that the provider does not present a danger to a child in the provider’s care.
Source:
Rule 461-165-0410 — Provider Listing; Disqualifying Criminal History, https://secure.sos.state.or.us/oard/view.action?ruleNumber=461-165-0410.