Or. Admin. R. 414-061-0035

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

Section 414-061-0035 - Applications

(1) As part of an initial or renewal application, a subject individual must submit requested fee and provide all information required for a criminal records check, a child abuse and neglect records check, a foster care certification check, and an adult protective services check; including:

(a) A properly completed and signed Application for Enrollment in the Department's Central Background Registry, available from the agency;

(b) For a subject individual who acknowledges criminal history, child abuse and neglect history, foster care certification history, or adult protective services history, an explanation of the history and any steps the subject individual has taken to address the history;

(c) Consent to the use of the subject individual's social security number or other personally identifying information for criminal records checks, child abuse and neglect records checks, foster care certification checks or adult protective services checks, for identifying enrollees in the Central Background Registry, for sharing information with other governmental agencies their contractors or designees to verify child care licensing status for child care payments, and for compiling statistical information for program planning and evaluation;

(d) The information required for the FBI criminal records check under OAR 414-061-0080;

(2) At the time of initial application or renewal of enrollment in the Central Background Registry, subject individuals shall attest on their application or renewal form:

(a) Whether they are a foster parent or have ever been a foster parent, including but not limited to:

(A) Dates of participation in the foster care program;

(B) Locations, including street address, city, county and state, at which they provided foster care; and

(C) Any negative foster care history, including:

(i) Revocation, denial, suspension, closure in lieu of legal action, or other loss of certification or approval to operate a foster home or provide foster care; or

(ii) Any criminal or civil matters initiated against the individual related to their foster care certification.

(b) Whether they have adult protective services history, including but not limited to any record of a substantiated finding of abuse or neglect of an adult:

(3) As part of the application process, the subject individual shall, upon request from the Department, provide the Department with an authorization sufficient to:

(a) Allow the Department to obtain records and information regarding criminal records checks, child abuse and neglect records, foster care certification history, or adult protective services history; and

(b) Use those records and information to for the purpose of evaluating whether the subject individual is eligible for enrollment in the Central Background Registry.

(4) An application is incomplete if it does not include all of the required information identified in subsections (1), (2) or (3) of this rule.

(5) Applications must be accompanied by the required fee unless the applicant is eligible for a waiver of the fee.

(a) Applications not accompanied by the required fee are considered incomplete. Application fees are non-refundable, unless the applicant is eligible for a waiver.

(b) Fees for enrollment or duplicate enrollment in the Central Background Registry, Law Enforcement Data System criminal records check, and FBI fingerprint check are waived for an employee or volunteer of a private agency or organization that facilitates the provision of respite care as described in ORS 329A.275(4).

(6) The Department shall provide the applicant a reasonable time to cure an incomplete application, not to exceed 30 days from the date the application was received by the Department. The Department shall return the incomplete application to the applicant.

Or. Admin. R. 414-061-0035

ELD 3-2018, adopt filed 02/08/2018, effective 9/30/2018; ELD 15-2019, temporary amend filed 05/30/2019, effective 5/30/2019 through 11/25/2019; ELD 18-2019, amend filed 08/13/2019, effective 8/13/2019; ELD 6-2020, amend filed 06/30/2020, effective 6/30/2020; 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

Statutes/Other Implemented: ORS 329A.030 & HB2599 (2023)