ORS 329A.030
Central Background Registry
- rules
Amended by HB 4005
Effective since March 9, 2022
Relating to early childhood; creating new provisions; amending ORS 307.480, 315.208, 327.274, 329A.010, 329A.030, 329A.120, 329A.135, 329A.250, 329A.270, 329A.310, 329A.500, 329A.992, 419B.005, 419B.035, 433.235, 609.652, 742.260 and 825.017 and section 5, chapter 576, Oregon Laws 2021, and sections 10 and 64, chapter 631, Oregon Laws 2021; and declaring an emergency.
(1)
The Office of Child Care shall establish a Central Background Registry and may maintain information in the registry through electronic records systems.(2)
Intentionally left blank —Ed.(a)
A subject individual shall apply to and must be enrolled in the Central Background Registry as part of the individual’s application to operate a program or serve in a position described in subsection (10) of this section.(b)
An individual who has been the subject of a founded or substantiated report of child abuse shall apply to and be enrolled in the Central Background Registry prior to providing any of the types of care identified in ORS 329A.250 (Definitions for ORS 329A.030 and 329A.250 to 329A.450) (4)(b)(A), (G) or (H) if:(A)
The child abuse occurred on or after January 1, 2017, and involved a child who died or suffered serious physical injury, as defined in ORS 161.015 (General definitions); or(B)
The child abuse occurred on or after September 1, 2019, and involved any child for whom the individual was providing child care, as defined in ORS 329A.250 (Definitions for ORS 329A.030 and 329A.250 to 329A.450) (4), or care identified in ORS 329A.250 (Definitions for ORS 329A.030 and 329A.250 to 329A.450) (4)(b)(A), (C), (F), (G), (H) or (I).(c)
Notwithstanding paragraph (a) of this subsection, an individual described in paragraph (b)(B) of this subsection is not required to enroll in the Central Background Registry if more than seven years has elapsed since the date of the child abuse determination.(3)
Intentionally left blank —Ed.(a)
Upon receiving an application for enrollment in the Central Background Registry, the office shall complete:(A)
A criminal records check under ORS 181A.195 (Criminal records check);(B)
A criminal records check of other registries or databases in accordance with rules adopted by the Early Learning Council;(C)
A child abuse and neglect records check in accordance with rules adopted by the council; and(D)
A foster care certification check and an adult protective services check in accordance with rules adopted by the council.(b)
In addition to the information that the office is required to check under paragraph (a) of this subsection, the office may consider any other information obtained by the office that the office, by rule, determines is relevant to enrollment in the Central Background Registry.(4)
Intentionally left blank —Ed.(a)
The office shall enroll the individual in the Central Background Registry if the individual:(A)
Is determined to have no criminal, child abuse and neglect, negative adult protective services or negative foster home certification history, or to have dealt with the issues and provided adequate evidence of suitability for the registry;(B)
Has paid the applicable fee established pursuant to ORS 329A.275 (Rules); and(C)
Has complied with the rules of the Early Learning Council adopted pursuant to this section.(b)
Notwithstanding subsection (3) of this section and paragraph (a) of this subsection, the office may enroll an individual in the registry if the Department of Human Services has completed a background check on the individual and the individual has received approval from the department for purposes of providing child care.(5)
Intentionally left blank —Ed.(a)
Notwithstanding subsections (3) and (4) of this section, the office may not enroll an individual in the Central Background Registry if:(A)
The individual has a disqualifying condition as defined in rules adopted by the council; or(B)
The individual is an exempt prohibited individual, as provided by ORS 329A.252 (Provision of care by persons whose certification or registration or enrollment in registry is denied, revoked or suspended).(b)
If an individual prohibited from enrolling in the registry as provided by this subsection is enrolled in the registry, the office shall remove the individual from the registry.(6)
Intentionally left blank —Ed.(a)
The office may conditionally enroll an individual in the Central Background Registry pending the results of a nationwide criminal records check through the Federal Bureau of Investigation if the individual has successfully completed the criminal records check and the child abuse and neglect records check in this state and in the state of the individual’s residence, if other than Oregon.(b)
The office may enroll an individual in the registry subject to limitations identified in rules adopted by the council.(7)
An enrollment in the Central Background Registry may be renewed upon application to the office, payment of the fee established pursuant to ORS 329A.275 (Rules) and compliance with rules adopted by the Early Learning Council pursuant to this section. However, an individual who is determined to be ineligible for enrollment in the registry after the date of initial enrollment shall be removed or suspended from the registry by the office.(8)
Intentionally left blank —Ed.(a)
A child care facility shall not hire or employ an individual if the individual is not enrolled in the Central Background Registry.(b)
Notwithstanding paragraph (a) of this subsection, a child care facility may employ on a probationary basis an individual who is conditionally enrolled in the Central Background Registry.(9)
The Early Learning Council may adopt any rules necessary to carry out the purposes of this section, including but not limited to rules regarding expiration and renewal periods and limitations related to the subject individual’s enrollment in the Central Background Registry.(10)
For purposes of this section, “subject individual” means a subject individual as defined by the Early Learning Council by rule, an individual subject to subsection (2)(b) of this section or a person who applies to be:(a)
The operator or an employee of a child care or treatment program;(b)
The operator or an employee of an Oregon prekindergarten program under ORS 329.170 (Definitions for ORS 329.170 to 329.200) to 329.200 (Report on Oregon prekindergarten program);(c)
The operator or an employee of a federal Head Start program regulated by the United States Department of Health and Human Services;(d)
An individual in a child care facility who may have unsupervised contact with children as identified by the office;(e)
A contractor or an employee of the contractor who provides early childhood special education or early intervention services pursuant to ORS 343.455 (Prekindergartens to provide early childhood special education) to 343.534 (Allocation of state funds to approved providers);(f)
A child care provider who is required to be enrolled in the Central Background Registry by any state agency;(g)
A contractor, employee or volunteer of a metropolitan service district organized under ORS chapter 268 who may have unsupervised contact with children and who is required to be enrolled in the Central Background Registry by the metropolitan service district;(h)
A provider of respite services, as defined in ORS 418.205 (Definitions for ORS 418.205 to 418.327, 418.330, 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) who is providing respite services as a volunteer with a private agency or organization that facilitates the provision of such respite services; or(i)
The operator or an employee of an early learning program as defined in rules adopted by the council.(11)
Intentionally left blank —Ed.(a)
Information provided to a metropolitan service district organized under ORS chapter 268 about the enrollment status of the persons described in subsection (10)(g) of this section shall be subject to a reciprocal agreement with the metropolitan service district. The agreement must provide for the recovery of administrative, including direct and indirect, costs incurred by the office from participation in the agreement. Any moneys collected under this paragraph shall be deposited in the Child Care Fund established under ORS 329A.010 (Office of Child Care).(b)
Information provided to 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, 418.330, 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) about the enrollment status of the persons described in subsection (10)(h) of this section shall be subject to an agreement with the private agency or organization. The agreement must provide for the recovery of administrative, including direct and indirect, costs incurred by the office from participation in the agreement. Any moneys collected under this paragraph shall be deposited in the Child Care Fund established under ORS 329A.010 (Office of Child Care).(c)
Information provided to a private agency or organization about the enrollment status of the persons described in subsection (10)(i) of this section shall be subject to an agreement with the private agency or organization. The agreement must provide for the recovery of administrative, including direct and indirect, costs incurred by the office from participation in the agreement. Any moneys collected under this paragraph shall be deposited in the Child Care Fund established under ORS 329A.010 (Office of Child Care). [Formerly 657A.030; 2017 c.616 §1; 2018 c.115 §1; 2019 c.187 §1; 2019 c.679 §2; 2021 c.343 §1; 2021 c.369 §8]
Source:
Section 329A.030 — Central Background Registry; rules, https://www.oregonlegislature.gov/bills_laws/ors/ors329A.html.
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