(1) The Child Care Division of the Employment Department shall establish a Criminal History Registry.
(2) All subject individuals shall be enrolled in the Criminal History Registry established by the division.
(3) Upon receiving an application for enrollment in the Criminal History Registry, the division shall complete a criminal records check under ORS 181.534 and shall complete a child protective services records check with the Department of Human Services. The division shall enroll the individual in the registry if the individual:
(a) Is determined to have no criminal or child protective services history or to have dealt with the issues and provided adequate evidence of suitability for the registry;
(b) Has paid the applicable fee established pursuant to ORS 657A.275; and
(c) Has complied with the rules of the division adopted pursuant to this section.
(4) The division may conditionally enroll an individual in the registry pending the results of a nationwide criminal records check through the Federal Bureau of Investigation if the individual has met other requirements of the division for enrollment in the registry.
(5) An enrollment in the Criminal History Registry shall expire two years from the date of enrollment and may be renewed upon application to the division, payment of the fee established pursuant to ORS 657A.275 and compliance with rules adopted by the division pursuant to this section. However, an individual who is determined to be ineligible for enrollment in the registry after the date of initial enrollment shall be removed from the registry by the division.
(6)(a) A child care facility shall not hire or employ an individual if the individual is not enrolled in the Criminal History Registry.
(b) Notwithstanding paragraph (a) of this subsection, a child care facility may employ on a probationary basis an individual who is conditionally enrolled in the Criminal History Registry.
(7) The division may adopt any rules necessary to carry out the purposes of this section and the criminal records check program.
(8) For purposes of this section, “subject individual” means a subject individual as defined by the division by rule or a person who applies to be:
(a) The operator or an employee of a child care or treatment program;
(b) The operator or an employee of an Oregon prekindergarten program under ORS 329.170 to 329.200;
(c) The operator or an employee of a federal Head Start program regulated by the United States Department of Health and Human Services;
(d) An individual in a child care facility who may have unsupervised contact with children as identified by the division;
(e) A contractor or an employee of the contractor who provides early childhood special education or early intervention services pursuant to ORS 343.455 to 343.534; or
(f) A child care provider who is required to be enrolled in the Criminal History Registry by any state agency. [1997 c.431 §2; 1997 c.753 §18; 2001 c.831 §29; 2005 c.730 §29]
Section: Previous 657A.010 657A.020 657A.030 657A.050 657A.060 657A.100 657A.110 657A.120 657A.130 657A.140 657A.150 657A.160 657A.170 657A.180 657A.190 NextLast modified: August 7, 2008