461-165-0420     Effective 11/01/16
Provider Listing; Disqualifying Child Protective Service History

  1. This rule explains the grounds upon which the Department denies the 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 Child Protective Service (CPS) history of a subject individual, based on prior conduct, indicates that a subject individual is likely to engage in conduct that would jeopardize the safety of or have a detrimental effect on a child while in the care of the provider.

  3. To make its determination, the Department may use any available information including the CPS records of the Department, an investigation of a complaint, or information provided by another agency. A single incident may be sufficient history for denial of eligibility.

  4. If the Department obtains information of a potentially disqualifying nature with respect to a subject individual, as described in OAR 461-165-0180(4), the Department may request additional information to determine the provider's ability to provide care and must conduct a weighing test under OAR 125-007-0260, 407-007-0300, and 407-007-0320. Any additional information obtained must be reviewed by the Criminal Records Unit (CRU) for determination of eligibility.

  5. Failure to respond to a request for information results in a finding of "failed" (see OAR 461-165-0180). The provider or subject individual must disclose fully all requested information as part of the records check.

  6. The Department may pay for the services of a child care provider even if a subject individual has a potentially disqualifying history of behavior if the Department determines, based on a fitness determination made under OAR 125-007-0260 and 407-007-0320, that repeated behavior is unlikely and that the presence of the individual likely would not jeopardize the safety of a child in the provider's care based on:

    1. The content and source of the reports, the time elapsed since the reports, and the number of reports and referrals;

    2. The individual's participation in rehabilitation, training, or counseling;

    3. The likelihood of the individual's abuse of drugs or alcohol; and

    4. Any other relevant eligibility requirements or supplemental information under OAR 407-007-0300 or OAR 461-165-0180.

Statutory/Other Authority: ORS 409.027, 409.050, 411.060
Statutes/Other Implemented: ORS 409.010, 409.027, 411.060

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