OAR 461-165-0420
Provider Listing; Disqualifying Child Protective Service History
(1)
This rule explains the grounds upon which the Department denies the 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 Child Protective Service (CPS) history of a subject individual, based on prior conduct, indicates that a subject individual is likely to engage in conduct that would jeopardize the safety of or have a detrimental effect on a child while in the care of the provider.(3)
To make its determination, the Department may use any available information including the CPS records of the Department, an investigation of a complaint, or information provided by another agency. A single incident may be sufficient history for denial of eligibility.(4)
If the Department obtains information of a potentially disqualifying nature with respect to a subject individual, as described in OAR 461-165-0180 (Eligibility of Child Care Providers)(4), the Department may request additional information to determine the provider’s ability to provide care and must conduct a weighing test under OAR 125-007-0260 (Final Fitness Determination), 407-007-0300 (Weighing Test), and 407-007-0320 (Final Fitness Determinations). Any additional information obtained must be reviewed by the Criminal Records Unit (CRU) for determination of eligibility.(5)
Failure to respond to a request for information results in a finding of “failed” (see OAR 461-165-0180 (Eligibility of Child Care Providers)). The provider or subject individual must disclose fully all requested information as part of the records check.(6)
The Department may pay for the services of a child care provider even if a subject individual has a potentially disqualifying history of behavior if the Department determines, based on a fitness determination made under OAR 125-007-0260 (Final Fitness Determination) and 407-007-0320 (Final Fitness Determinations), that repeated behavior is unlikely and that the presence of the individual likely would not jeopardize the safety of a child in the provider’s care based on:(a)
The content and source of the reports, the time elapsed since the reports, and the number of reports and referrals;(b)
The individual’s participation in rehabilitation, training, or counseling;(c)
The likelihood of the individual’s abuse of drugs or alcohol; and(d)
Any other relevant eligibility requirements or supplemental information under OAR 407-007-0300 (Weighing Test) or 461-165-0180 (Eligibility of Child Care Providers).
Source:
Rule 461-165-0420 — Provider Listing; Disqualifying Child Protective Service History, https://secure.sos.state.or.us/oard/view.action?ruleNumber=461-165-0420.