Oregon Department of Human Services : Rules and Policies for Background Checks : Background Checks : State of Oregon (2024)

Criminal Records Check and Fitness Determination
OAR 125-007-0200 to 125-007-0330

View rules:Criminal Records C​heck and Fitness Determination
Status: Permanent rules effective 1/14/2016

Overview:​​

• The Oregon Department of Administrative Services (DAS) implemented statewide administrative rules related to certain aspects of criminal records checks on January 4, 2016 (ORS 181A.215).
• ​These rules streamline the criminal records check process for all of Oregon. They provide guidelines for decreasing risk to vulnerable popula​tions from people who have access or provide care.
  
• ODHS and OHA background check rules have been updated to follow DAS rules, while maintaining specific requirements needed for ODHS and OHA employees, contractors, volunteers, providers and qualified entities.
  

Criminal Records Checks for ODHS and OHA

Criminal Records and Abuse Checks
OAR 407-007-0200 to 407-007-0370

View rules:Criminal Records Checks and Abuse Checks
Status: Permanent rules effective 12/17/2021

Overview

• These rules cover criminal records checks and abuse checks for individuals and f​acilities licensed, certified or regulated by ODHS for positions such as home care workers, long-term care facility volunteers and staff, adult foster home providers and caregiversand staff and volunteers of private licensed child caring agencies
• See potentially disqualifying convictions and conditionsfor criminal history and potentially disqualifying abuse history. There are timeframes for how long convictions are considered potentially disqualifying.
  
• If a subject individualhas potentially disqualifying convictions or conditions, the Background Check Unit (BCU) servingODHS or OHA, must conduct a weighing test. Subject individuals should review weighing test information for providersto learnwhat materials ​they mustprovide for the background check. Details and additional documents can help BCU make an informed fitness determination.
  

Background Check Registry and Portability
OAR 407-007-0600 to 407-007-0640

View rules:Background Check Registry and Portability
Status: Permanent rules effective 12/17/2021

Overview

• These rules implement ORS 443-006, augmenting BCU’s Oregon Criminal History and Abuse Records Data System (ORCHARDS) to include a searchable online registry of individuals with completed background checks who work or seek to work as homecare workers, or eligible to work in certain facilities or agencies.
  
• If BCU approves a subject individual’s background check and the subject individual has portability:
• The facility or agency submittinga new application to ORCHARDS will get automatic approval without a new background check.
• The individual may be hired by a facility or agencyor work as a homecare worker immediately.
• An individual maintains placement on the registry by having rechecks for a defined period of time, for example, every two years.
  
• The following agencies and services have portability of a subject individual's approved background check:
  
• Homecare workers (Aging and People with Disabilities), personal support workers (Developmental Disability Services), and personal care attendant (Behavioral Health)
  
• Long-term care facilities for Aging and People with Disabilities (assisted living facilities, residential care facilities, and nursing facilities)
  
• Developmental Disability services: Residential training facilities, supported living, employment support, etc. (Employees of community developmental disability programs or Brokerages do not have portability)
• ​Employees of in-home care agencies who work for clients with a Medicaid contract have portability to any other in-home care agency in Oregon.​
  

Criminal History Check for OHA Providers
OAR 943-007-0001 to 943-007-0501

View rules:Criminal History Check for OHA Providers​
Status:Permanent rules effective 2/10/2020​

Overview​

• These rules cover criminal records checks on OHA providers incorporating the ODHS rules by proxy, with specific rules for OHA hearing rights. See in particular OAR 943-007-0001(2) and 943-007-0501.
  

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• ORS 181A.170 - Electronic fingerprint capture required (formerly 181.156)
• ORS 181A.190 - Clearinghouse criminal records checks (formerly 181.533)
• ORS 181A.195 - Authorizing statute allowing certain agencies to run fingerprint based criminal records checks (formerly 181.534)
• ORS 181A.200 - ​Authorizing statute for ODHS and OHA to conduct criminal records checks on subject individuals (formerly 181.537)
• ORS 181A.215 - Authorizing statute for Department of​ Administrative Services to implement rules on criminal records check processes in Oregon (formerly 181.547)
• ORS 181A.235 - Clearinghouse criminal records checks waiver of fees on certain checks
• ORS 443.004 - Public funds for employment not allowed for subject individuals with certain convictions
• ORS 443.006 - Background check registry for certain ODHS and OHA subject individuals
• ORS 443.007 - Employment not allowed for certain subject individuals with certain abuse substantiations
• ORS 443.008 - Certain criteria to be weighed for potentially disqualifying abuse; what can be challenged in contested case hearing​

• People who work or volunteer where services are provided to children, seniors, and people with disabilities or a mental illness.
• ​In some cases, people who live where these services are provided need a background check.
• ​Employees and volunteers of ODHS and OHA
• Certain employees of organizations that contract with ODHS or OHA.
  

Note: Oregon administrative rules use the term "subject individual" (SI)for the person whose background is being checked.

• Criminal records checks are generally done through the State of Oregon Law Enforcement Data System (LEDS). If necessary, criminal records checks can be done through the Federal Bureau of Investigation (FBI).
• Information can also come from the Driver and Motor Vehicle Servi​ces Division (DMV), court records, and other states' data systems.​
• Certain abuse records will be reviewed.
• Fingerprints may be​ required as part of the check.

For ODHS and OHA employees, volunteers, contractors and institution applicants​

The ODHS and OHA background check policy states that criminal record and abuse checks must follow administrative rules. The associated procedures give more detail.​

• Background Checks Policy (060-010)
  
• Procedure - Background checks on non-institution ODHS employees (060-010-01)
  
• Procedure - Background checks on institution ODHS employees (060-010-02)
  
• Procedure - Reporting of new criminal or abuse activity (060-010-03)
  
• Procedure - Background checks on volunteers (060-010-04)