461-165-0410     Effective 11/01/16
Provider Listing; Disqualifying Criminal History

  1. This rule explains the grounds upon which the Department denies a request by a child care provider to receive child care payments from a self-sufficiency program of the Department based on the records of a subject individual (see OAR 125-007-0210 and 407-007-0210(8)(a)(J)). For the purposes of this rule, the provider and any individual identified under OAR 461-165-0180(4) is considered a subject individual under OAR 125-007-0210 and 407-007-0210(8)(a)(J).

  2. The Department may find a child care provider ineligible for payment when the criminal history of a subject individual indicates behavior that may jeopardize the safety of a child or have a detrimental effect on a child while in the care of the provider, in the following circumstances, the subject individual has:

    1. Been charged with or arrested for a drug-related, sexual, or violent crime listed in OAR 407-007-0270(1). There is a rebuttable presumption that such a subject individual is likely to engage in conduct that would pose a significant risk to a client, the Department, or a vulnerable individual.

    2. Been convicted of two or more crimes listed in OAR 125-007-0270 at any time.

    3. Been found in violation of probation for a crime listed in OAR 125-007-0270, at any time that relates to the person's qualification or duties as a child care provider.

    4. Been charged with two or more crimes listed in OAR 125-007-0270 within the past five years.

    5. Three or more arrests, at any time, for crimes listed in OAR 125-007-0270.

  3. The Department may pay for the services of a child care provider even if a subject individual has a potentially disqualifying criminal or abuse history, defined by OAR 125-007-0270 and 407-007-0290, only if the Department has determined -- based on a weighing test as described in OAR 125-007-0260, 407-007-0300, and 407-007-0320 and consideration of the information listed in OAR 407-007-0280, 407-007-0290, and this rule -- that repeated criminal behavior is unlikely and that the provider does not present a danger to a child in the provider's care.

Statutory/Other Authority: ORS 181.537, 411.060
Statutes/Other Implemented: ORS 181.537, 411.060, 411.122

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