Or. Admin. Code § 407-007-0445

Current through Register Vol. 63, No. 11, November 1, 2024

Section 407-007-0445 - Employees Who Apply or Are Hired at SACU after 1/1/2018

(1) This rule applies to an SI who is:

(a) Hired after 1/1/2018 at SACU; or

(b) Seeking Department employment to work at SACU after 1/1/2018.

(2) If the Department determines that an SI has abuse that meets all the following criteria, the Department may not hire or retain the SI to work in SACU:

(a) The abuse investigation resulted in an outcome of substantiated on or after 1/1/2018.

(b) The abuse meets definitions in ORS 430.735 and is one of the following types:

(A) Any physical injury caused by other than natural or accidental means, or that appears to be at variance with the explanation given of the injury.

(B) Willful infliction of physical pain or injury.

(C) Sexual abuse.

(D) Neglect, specifically the withholding of services necessary to maintain the health and well-being of an adult which leads to physical harm of an adult.

(E) Financial exploitation, specifically:

(i) Wrongfully taking the assets, funds or property belonging to or intended for the use of a person with a developmental disability; or

(ii) Misappropriating, misusing or transferring without authorization any money from any account held jointly or singly by a person with a developmental disability;

(F) Any death caused by other than natural or accidental means.

(c) During the investigation, the investigator provided notice of the allegation to the SI (as the alleged perpetrator, reported perpetrator, respondent, or accused person) and offered the SI the opportunity to participate in the investigation.

(d) The investigation results in an outcome of substantiated, finding the SI to be responsible for the abuse.

(e) The Department provided written notice of the outcome of the investigation to the SI, including an explanation of any due process rights.

(f) The period of time for the Department's due process has been completed resulting in a final order of substantiated abuse.

(3) The SI is not eligible for a fitness determination with a weighing test under ORS 181A.195 or OAR 407-007-0430 regardless of any other potentially disqualifying abuse the SI has. The Department must find the SI ineligible due to OAR 407-007-0445. The SI has no hearing rights regarding employment if found ineligible due to OAR 407-007-0445. The Department shall provide written notice to the SI at the address provided by the SI.

(4) If the abuse does not meet all the requirements in section (2), then OAR 407-007-0430 or OAR 407-007-0440 apply.

Or. Admin. Code § 407-007-0445

DHSD 16-2017, temporary adopt filed 12/27/2017, effective 01/01/2018 through 06/29/2018; DHSD 10-2018, adopt filed 06/29/2018, effective 6/29/2018

Statutory/Other Authority: ORS 409.027 & 409.050; Or Law 2017 ch 378

Statutes/Other Implemented: ORS 409.027 & 409.050 & Or Law 2017- ch 378