Or. Admin. R. 407-007-0300
Current through Register Vol. 63, No. 8, August 1, 2024
Section 407-007-0300 - Weighing TestIf an SI has potentially disqualifying convictions under OAR 407-007-0281, or potentially disqualifying conditions under OAR 407-007-0290, BCU conducts a weighing test. The weighing test includes consideration of factors pursuant to ORS 181A.195 and the following if available to the BCU at the time of the weighing test.
(1) Circumstances regarding the nature of potentially disqualifying convictions and conditions including but not limited to:(a) The details of incidents leading to the potentially disqualifying convictions or conditions.(b) Age, maturity and mental capacity of the SI at time of the potentially disqualifying convictions or conditions.(c) Facts that support the potentially disqualifying convictions or conditions.(d) Passage of time since commission of the potentially disqualifying convictions or conditions.(e) Consideration of state or federal laws, regulations, or rules covering the position, facility, employer, or QE regarding the potentially disqualifying convictions or conditions.(f) Consideration of state or federal laws, regulations, or rules that impact what is considered potentially disqualifying. For example:(A) Effective February 1, 2021, most possession crimes in Oregon were reduced to violations, making them no longer potentially disqualifying.(B) The Department may give less weight to a potentially disqualifying conviction or condition which is only potentially disqualifying because it was a crime at the time it occurred but at the time of the weighing test is no longer considered a crime nor is associated with any potentially disqualifying conviction or condition.(C) The consideration given potentially disqualifying convictions or conditions impacted by federal laws, regulations, or rules is determined by the number of these potentially disqualifying convictions or conditions and evaluation of relevant factors in sections (1), (2) and (3) of this rule.(2) If applicable, circumstances regarding the nature of potentially disqualifying abuse including but not limited to: (a) The nature and type of abuse; and(b) Other information gathered during the scope of the abuse investigation.(c) The date of the abuse incident and abuse investigation.(d) The quality of the abuse investigation including, if applicable, any exhibits and related documents with consideration taken into account regarding completeness, objectivity, and sufficiency.(e) Due process or lack thereof provided to the SI after the abuse investigation.(f) Required conditions and actions resulting from the founded or substantiated abuse that would allow for reinstatement of the SI in the position including but not limited to training, counseling, corrective or disciplinary action, and the SI's compliance.(3) Other factors when available including but not limited to: (a) Periods of incarceration, including rehabilitation or other impacts on SI.(b) Status of and compliance with parole, post-prison supervision, or probation regarding potentially disqualifying convictions or conditions.(c) Evidence of alcohol or drug issues directly related to potentially disqualifying convictions or conditions.(d) Evidence of other treatment or rehabilitation related to potentially disqualifying convictions or conditions.(e) Likelihood of repetition of behaviors leading to potentially disqualifying convictions or conditions.(f) Other information related to criminal activity including charges, arrests, pending indictments, and convictions. Other behavior involving contact with law enforcement may also be reviewed if information is relevant to other criminal records or shows a pattern relevant to criminal history. Consideration of these activities and behaviors are only allowed for SIs listed in OAR 407-007-0281(1).(g) Changes in circumstances subsequent to the potentially disqualifying convictions or conditions including but not limited to:(A) History of high school, college, or other education related accomplishments.(B) Work history (employee or volunteer).(C) History regarding licensure, certification, or training for licensure or certification.(D) Written recommendations from current or past employers, including Department client employers.(h) Indication of the SI's cooperation, honesty during the background check process, including: (A) Acknowledgment and acceptance of responsibility of potentially disqualifying convictions and conditions; or(B) Providing false, incomplete or misleading information regarding potentially disqualifying convictions and conditions, or any subsequent circumstances.(4) BCU must consider the relevancy of the SI's potentially disqualifying convictions or conditions to the paid or volunteer position, or to the environment in which the SI will reside, work, or visit.Or. Admin. R. 407-007-0300
OMAP 8-2004, f. 2-26-04, cert. ef. 3-1-04; OMAP 22-2005, f. & cert. ef. 3-29-05; Renumbered from 410-007-0300, DHSD 8-2007, f. 8-31-07, cert. ef. 9-1-07; DHSD 10-2008, f. 12-26-08, cert. ef. 1-1-09; DHSD 7-2009, f. & cert. ef. 10-1-09; DHSD 10-2009, f. 12-31-09, cert. ef. 1-1-10; DHSD 10-2010, f. 10-29-10, cert. ef. 10-31-10; DHSD 1-2011(Temp) f. & cert. ef. 4-15-11 thru 10-11-11; DHSD 7-2011(Temp), f. & cert. ef. 10-12-11 thru 11-1-11; DHSD 8-2011, f. 10-28-11, cert. ef. 11-1-11; DHSD 2-2012(Temp), f. & cert. ef. 2-27-12 thru 8-24-12; DHSD 4-2012, f. & cert. ef. 8-1-12; DHSD 2-2014, f. & cert. ef. 12/1/2014; DHSD 1-2016(Temp), f. & cert. ef. 1-14-16 thru 7-11-16; DHSD 5-2016, f. 6-10-16, cert. ef. 6/15/2016; DHSD 18-2019, temporary amend filed 09/26/2019, effective 9/27/2019 through 03/24/2020; DHSD 2-2020, amend filed 02/10/2020, effective 2/10/2020; DHS 7-2021, temporary amend filed 06/25/2021, effective 6/25/2021 through 12/21/2021; DHS 24-2021, amend filed 12/15/2021, effective 12/17/2021Statutory/Other Authority: ORS 181A.200, 409.027, 409.050 & 443.008
Statutes/Other Implemented: ORS 181A.200, 409.027, ORS 181A.195, 409.010 & 443.004