Or. Admin. R. 414-061-0030

Current through Register Vol. 63, No. 8, August 1, 2024

Section 414-061-0030 - Subject Individuals

(1) For purposes of criminal records checks, including fingerprint-based criminal records checks, and child abuse and neglect records checks, foster care or adult protective services checks, "Subject Individual" means a person who is or applies to be:

(a) The owner, operator or an employee or volunteer of a certified, registered or otherwise regulated facility caring for children that is subject to the jurisdiction of the Department;

(b) The operator or an employee of an Oregon pre-kindergarten program or parent-as-teacher program under ORS 329.170 to 329.200;

(c) The operator or an employee of a federal Head Start Program regulated by the United States Department of Health and Human Services;

(d) A designated employee or a contractor with the Department;

(e) A contractor or an employee of the contractor who provides early childhood special education or early intervention services pursuant to ORS 343.455 to 343.534 and is not subject to the criminal records check requirements of ORS 326.603 or ORS 326.223;

(f) A child care provider who is required to be enrolled in the Central Background Registry by any state agency.

(g) A designated contractor, employee or volunteer of a Metro Service District.

(h) A provider of respite services as defined in ORS 418.205 for parents pursuant to a properly executed power of attorney under ORS 109.056.

(k) On or after July 1, 2025, and beginning September 1, 2022 through June 30, 2025 unless holding an unexpired ODHS Background Check:

(A) An individual who operates or plans to operate a subsidized care facility;

(B) An individual who has attained 18 years of age and is a household member in a subsidized care facility;

(C) An individual in a subsidized care facility who has attained 18 years of age and who may have unsupervised contact with children;

(l) On or after January 1, 2023, and on or after September 1, 2022 through December 31, 2022 if the individual submits an application for enrollment, the operator or an employee of a preschool recorded program or a school-age recorded program

(2) An individual in any of the above facilities or programs who may have unsupervised contact with children is also a subject individual. This includes but is not limited to permanent or temporary residents in the home or facility or persons visiting on a regular basis.

Or. Admin. R. 414-061-0030

CCD 1-1998, f. 9-30-98, cert. ef. 10-1-98; CCD 2-2003, f. 12-5-03 cert. ef. 12-7-03; CCD 1-2009(Temp), f. 12-30-09, cert. ef. 1-1-10 thru 6-30-10; CCD 1-2010, f. 6-29-10, cert. ef. 7-1-10; ELD 3-2015, f. & cert. ef. 2/3/2015; ELD 3-2018, amend filed 02/08/2018, effective 9/30/2018; ELD 21-2018, temporary amend filed 11/01/2018, effective 11/01/2018 through 04/28/2019; ELD 10-2019, amend filed 03/28/2019, effective 3/28/2019; ELD 8-2022, temporary amend filed 07/01/2022, effective 7/1/2022 through 12/27/2022; ELD 26-2022, amend filed 12/16/2022, effective 12/16/2022; DELC 12-2023, temporary amend filed 09/28/2023, effective 9/28/2023 through 3/25/2024; DELC 13-2024, amend filed 02/28/2024, effective 2/28/2024

Statutory/Other Authority: ORS 329A.030(7)

Statutes/Other Implemented: ORS 329A.030 & SB283 (2023)