(1) To protect the health and safety of children who are in the custody of the Department of Human Services and who may be placed in a foster home or adoptive home or with a relative caregiver, the department shall adopt rules pursuant to ORS 181.534 and ORS chapter 418 to require that criminal records checks be conducted under ORS 181.534 on:
(a) All persons who seek to be foster parents, adoptive parents or relative caregivers; and
(b) Other individuals over 18 years of age who will be in the household of the foster parent, adoptive parent or relative caregiver.
(2) Rules adopted under subsection (1) of this section shall include:
(a) A list of crimes for which a conviction disqualifies a person from becoming a foster parent, adoptive parent or relative caregiver;
(b) A requirement that persons who have been convicted of crimes listed in the rules are disqualified from becoming a foster parent, adoptive parent or relative caregiver; and
(c) A provision that the department may approve a person who has been convicted of certain crimes listed in the rules if the person demonstrates to the department that:
(A) The person possesses the qualifications to be a foster parent or adoptive parent regardless of having been convicted of a listed crime; or
(B) The disqualification would create emotional harm to the child for whom the person is seeking to become a foster parent, adoptive parent or relative caregiver and placement of the child with the person would be a safe placement that is in the best interests of the child.
(3) In accordance with 42 U.S.C. 671(a)(20)(B), the Legislative Assembly elects to make the provisions related to criminal records checks set forth in 42 U.S.C. 671(a)(20)(A) inapplicable to this state. [2001 c.686 §26; 2005 c.730 §23]
Note: The amendments to 418.016 by section 1, chapter 611, Oregon Laws 2007, become operative October 1, 2008. See section 2, chapter 611, Oregon Laws 2007. The text that is operative on and after October 1, 2008, is set forth for the user’s convenience.
418.016. (1) To protect the health and safety of children who are in the custody of the Department of Human Services and who may be placed in a foster home or adoptive home or with a relative caregiver, the department shall adopt rules pursuant to ORS 181.534 and ORS chapter 418 to require that criminal records checks be conducted under ORS 181.534 on:
(a) All persons who seek to be foster parents, adoptive parents or relative caregivers; and
(b) Other individuals over 18 years of age who will be in the household of the foster parent, adoptive parent or relative caregiver.
(2) Rules adopted under subsection (1) of this section shall include:
(a) A list of crimes for which a conviction disqualifies a person from becoming a foster parent, adoptive parent or relative caregiver;
(b) A requirement that persons who have been convicted of crimes listed in the rules are disqualified from becoming a foster parent, adoptive parent or relative caregiver; and
(c) A provision that the department may approve a person who has been convicted of certain crimes listed in the rules if the person demonstrates to the department that:
(A) The person possesses the qualifications to be a foster parent or adoptive parent regardless of having been convicted of a listed crime; or
(B) The disqualification would create emotional harm to the child for whom the person is seeking to become a foster parent, adoptive parent or relative caregiver and placement of the child with the person would be a safe placement that is in the best interests of the child.
Note: 418.016 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 418 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Section: Previous 418.001 418.003 418.005 418.010 418.015 418.016 418.017 418.018 418.020 418.025 418.027 418.030 418.032 418.033 418.034 NextLast modified: August 7, 2008