Samaritan Nurse Assistant Training Program

Transcription

1 Samaritan Nurse Assistant Training Program Please read the attached information from the Oregon State Board of Nursing and the Oregon Department of Human Services that explains the criminal records checks and policy. This information includes: The cause for Denial, Reprimand, Suspension, Probation, or Revocation of a CNA Certificate The Oregon State Board of Nursing has determined reason for Denial of Certification Conduct unbecoming a Nursing Assistant Reasons for a Criminal disqualification

2 () The Department may also conduct a state-specific criminal records check instead of or in addition to a national criminal records check. Reasons for a state-specific criminal records check include but are not limited to: (a) (b) (c) (d) (e) When the Department has reason to believe that out-of-state criminal records may exist and a national criminal records check may not be accomplished. When the Department has been unable to complete a national criminal records check due to illegible fingerprints. When the national criminal records check results show incomplete information about charges or criminal records without final disposition. When there is indication of residency or criminal records in a state that does not submit all criminal records to the FBI. When, based on available information, the Department has reason to believe that a state-specific criminal records check is necessary. () In order to complete a background check and fitness determination, the Department may require additional information from the SI including but not limited to additional criminal, judicial, other background information, or proof of identity. () The Department may conduct a background check in situations of imminent danger. 1 1 (a) (b) If the Department determines there is indication of criminal or abusive behavior that could more likely than not pose an immediate risk to vulnerable individuals, the Department shall conduct a new criminal records check on an SI without the completion of a new background check request. If the Department determines that a fitness determination based on the new background check would be adverse to the SI, the Department shall provide the SI, if available, the opportunity to disclose criminal records, potentially disqualifying conditions, and other information as indicated in OAR before completion of the fitness determination. 0 1 () All criminal records checks conducted under this rule shall be documented in writing. Stat. Auth.: ORS 11., 0.0 & 0.00 Stats. Implemented: ORS 11., 11., Disqualifying Convictions Under ORS.00 (1) The crimes listed in section () of this rule are disqualifying crimes for those employees and individuals subject to ORS.00, and as specified in the relevant program Criminal records Checks and Abuse Checks on Providers Page of 1 EFFECTIVE /1/

3 administrative rules. For the purpose of this rule, a subject individual does not include a peer support specialist who: (a) Is providing peer support services as defined by OAR 0-0-0; (b) (c) (d) Is under the supervision of a qualified clinical supervisor; Has completed training required by the Department; and Is currently receiving or has formerly received mental health services, or is in recovery from a substance use disorder and meets the abstinence requirements for staff providing services in alcohol or other drug treatment programs. () Individuals who are employees and hired prior to July, 0 are exempt from section () of this rule provided that the employee remains in the same position working for the same employer after July, 0. This exemption is not applicable to licensees. () Public funds may not be used to support, in whole or in part, the employment of an individual in any capacity identified in section (1) of this rule who has been convicted: (a) (b) In the last years of a crime involving the delivery or manufacture of a controlled substance; or Of any of the following crimes: 1 1 (A) (B) (C) (D) (E) (F) (G) (H) (I) (J) (K) ORS.0, Aggravated murder ORS.1, Murder ORS., Manslaughter I ORS., Manslaughter II ORS., Criminally negligent homicide ORS., Aggravated vehicular homicide ORS., Assault III ORS., Assault II ORS.1, Assault I ORS., Strangulation ORS.0, Criminal mistreatment II Criminal records Checks and Abuse Checks on Providers Page of 1 EFFECTIVE /1/

4 1 1 (L) (M) (N) (O) (P) (Q) (R) (S) (T) (U) (V) (W) (X) (Y) (Z) (AA) (BB) (CC) (DD) (EE) (FF) ORS., Criminal mistreatment I ORS., Kidnapping II ORS., Kidnapping I ORS., Subjecting another person to involuntary servitude II ORS., Subjecting another person to involuntary servitude I ORS., Trafficking in persons ORS., Coercion ORS., Rape III ORS., Rape II ORS., Rape I ORS., Sodomy III ORS., Sodomy II ORS.0, Sodomy I ORS.0, Unlawful sexual penetration II ORS., Unlawful sexual penetration I ORS., Sexual abuse III ORS., Sexual abuse II ORS., Sexual abuse I ORS., Online sexual corruption of a child II, if the offender reasonably believed the child to be more than five years younger than the offender ORS., Online sexual corruption of a child I, if the offender reasonably believed the child to be more than five years younger than the offender ORS., Contributing to the sexual delinquency of a minor Criminal records Checks and Abuse Checks on Providers Page of 1 EFFECTIVE /1/

5 (GG) (HH) (II) (JJ) (KK) (LL) ORS., Sexual misconduct, if the offender is at least 1 years of age ORS., Public indecency ORS., Private indecency ORS., Incest with a child victim ORS., Abandonment of a child ORS., Buying or selling a person under 1 years of age (MM) ORS.0, Using a child in display of sexually explicit conduct 1 1 (NN) (OO) (PP) (QQ) (RR) (SS) (TT) (UU) (VV) ORS.0, Paying for viewing a child s sexually explicit conduct ORS., Encouraging child sexual abuse I ORS., Encouraging child sexual abuse II ORS., Encouraging child sexual abuse III ORS., Possession of materials depicting sexually explicit conduct of a child I ORS., Possession of materials depicting sexually explicit conduct of a child II ORS.00, Invasion of personal privacy ORS.0, Theft I ORS.0, Aggravated theft I (WW) ORS.0, Organized retail theft (XX) (YY) (ZZ) ORS., Theft of services, if charged as a felony ORS., Burglary II ORS., Burglary I (AAA) ORS., Arson I (BBB) ORS., Computer crime, if charged with a felony Criminal records Checks and Abuse Checks on Providers Page of 1 EFFECTIVE /1/

6 (CCC) ORS.0, Robbery II (DDD) ORS., Robbery I (EEE) ORS.0, Criminal possession of a forged instrument I (FFF) ORS.0, Criminal possession of a forgery device (GGG) ORS.00, Identity theft (HHH) ORS.0, Aggravated identity theft (III) (JJJ) ORS.0, Promoting prostitution ORS.0, Compelling prostitution (KKK) ORS.0, Furnishing sexually explicit material to a child (LLL) ORS.0, Luring a minor (c) (d) (MMM) ORS 11., Sex crimes, including transporting child pornography into the state Of an attempt, conspiracy, or solicitation to commit a crime described in section ()(b) of this rule; or Of a crime in another jurisdiction that is substantially equivalent to a crime described in section ()(b) of this rule. 1 1 () The Department may conduct a weighing test under ORS 11. on employees and individuals convicted of any crime in section () of this rule. However, the preclusive effect of ORS.00 shall outweigh all other factors described in OAR Stat. Auth.: ORS 11. & 0.00 Stats. Implemented: ORS 11. & ORS Potentially Disqualifying Convictions A conviction of any of the following crimes is potentially disqualifying. Offenses or convictions that are classified as less than a misdemeanor, such as violations or infractions, are not potentially disqualifying (see ORS 1.0 to 1.). (1) The crimes listed in this section are permanent review crimes which require that a fitness determination be completed regardless of date of conviction. Criminal records Checks and Abuse Checks on Providers Page of 1 EFFECTIVE /1/

7 1 1 (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (L) (m) (n) (o) (p) (q) (r) (s) (t) (u) (v) (w) (x) ORS., Escape II ORS., Escape I ORS., Tampering with a witness ORS., Hindering prosecution ORS.00, Criminal homicide ORS.0, Aggravated murder ORS.1, Murder ORS., Manslaughter I ORS., Manslaughter II ORS., Criminally negligent homicide ORS., Aggravated vehicular homicide ORS.0, Assault IV ORS., Assault III ORS., Assault II ORS.1, Assault I ORS., Strangulation ORS., Menacing ORS.0, Criminal mistreatment II ORS., Criminal mistreatment I ORS., Female genital mutilation ORS., Assault of public safety officer ORS., Unlawful use of an electrical stun gun, tear gas, or mace I ORS., Kidnapping II ORS., Kidnapping I Criminal records Checks and Abuse Checks on Providers Page of 1 EFFECTIVE /1/

8 1 1 (y) (z) (aa) (bb) (cc) (dd) (ee) (ff) (gg) (hh) (ii) (jj) (kk) (LL) (mm) (nn) (oo) (pp) (qq) (rr) (ss) (tt) (uu) ORS., Custodial interference II ORS., Custodial interference I ORS., Subjecting another person to involuntary servitude in the second degree ORS., Subjecting another person to involuntary servitude in the first degree ORS., Trafficking in persons ORS., Coercion ORS., Rape III ORS., Rape II ORS., Rape I ORS., Sodomy III ORS., Sodomy II ORS.0, Sodomy I ORS.0, Unlawful sexual penetration II ORS., Unlawful sexual penetration I ORS., Sexual abuse III ORS., Sexual abuse II ORS., Sexual abuse I ORS., Online sexual corruption of a child in the second degree ORS., Online sexual corruption of a child in the first degree ORS., Contributing to the sexual delinquency of a minor ORS., Sexual misconduct ORS., Custodial sexual misconduct I ORS., Custodial sexual misconduct II Criminal records Checks and Abuse Checks on Providers Page of 1 EFFECTIVE /1/

9 1 1 (vv) (ww) (xx) (yy) (zz) (aaa) (bbb) (ccc) (ddd) (eee) (fff) (ggg) (hhh) (iii) (jjj) (kkk) (LLL) (mmm) (nnn) (ooo) (ppp) (qqq) ORS., Public indecency ORS., Private indecency ORS., Unlawfully being in a location where children regularly congregate ORS., Unlawful contact with a child ORS., Bigamy ORS., Incest ORS., Abandonment of a child ORS., Buying or selling a person under 1 years of age ORS., Child neglect II ORS., Child neglect I ORS., Criminal nonsupport ORS., Endangering the welfare of a minor ORS.0, Using child in display of sexually explicit conduct ORS.0, Paying for viewing a child s sexually explicit conduct ORS., Encouraging child sexual abuse I ORS., Encouraging child sexual abuse II ORS., Encouraging child sexual abuse III ORS., Possession of materials depicting sexually explicit conduct of a child I ORS., Possession of materials depicting sexually explicit conduct of a child II ORS., Failure to report child pornography ORS.00, Invasion of personal privacy ORS., Stalking Criminal records Checks and Abuse Checks on Providers Page of 1 EFFECTIVE /1/

10 1 1 (rrr) (sss) (ttt) (uuu) (vvv) (www) (xxx) (yyy) (zzz) (aaaa) (bbbb) (cccc) (dddd) (eeee) (ffff) (gggg) (hhhh) (iiii) (jjjj) (kkkk) (LLLL) (mmmm) (nnnn) (oooo) ORS.0, Violating court's stalking protective order ORS.0, Theft I ORS.0, Aggravated theft I ORS.0, Theft by extortion ORS.0, Theft by deception ORS.0, Organized retail theft ORS., Theft of services ORS., Unauthorized use of a vehicle ORS.0, Laundering a monetary instrument ORS., Burglary II ORS., Burglary I ORS., Arson II ORS., Arson I ORS., Criminal mischief I ORS., Computer crime ORS., Robbery III ORS.0, Robbery II ORS., Robbery I ORS.0, Forgery I ORS.0, Criminal possession of a forged instrument I ORS.0, Criminal possession of a forgery device ORS.0, Fraudulent use of a credit card ORS.0, Negotiating a bad check ORS.1, Cellular counterfeiting I Criminal records Checks and Abuse Checks on Providers Page of 1 EFFECTIVE /1/

11 1 1 (pppp) (qqqq) (rrrr) (ssss) (tttt) (uuuu) (vvvv) (wwww) (xxxx) (yyyy) (zzzz) (aaaaa) (bbbbb) (ccccc) (ddddd) (eeeee) (fffff) (ggggg) (hhhhh) (iiiii) (jjjjj) (kkkkk) ORS.00, Identity theft ORS.0, Aggravated identity theft ORS., Unlawful possession of a personal identification device ORS.00, Treason ORS.00 Aggravated harassment ORS.0, Abuse of corpse II ORS.0, Abuse of corpse I ORS., Intimidation II ORS., Intimidation I ORS.0, Unlawful use of weapon ORS.0, Possession of weapons by certain felons ORS., Unlawful possession of machine guns, certain shortbarreled firearms and firearm silencers ORS., Possession of weapons by inmates of institutions ORS.0, Possession of firearm or dangerous weapon in public building or court facility; exceptions; discharging firearm at school ORS., Possession of destructive device prohibited ORS., Unlawful manufacture of destructive device ORS., Firearms used in felony ORS.0 Obliteration or change of identification number on firearms ORS., Racketeering activity unlawful ORS.0, Promoting prostitution ORS.0, Compelling prostitution ORS.0, Furnishing sexually explicit material to a child Criminal records Checks and Abuse Checks on Providers Page of 1 EFFECTIVE /1/

12 1 1 (LLLLL) (mmmmm) (nnnnn) (ooooo) (ppppp) (qqqqq) (rrrrr) (sssss) (ttttt) (uuuuu) (vvvvv) (wwwww) (xxxxx) (yyyyy) (zzzzz) (aaaaaa) (bbbbbb) (cccccc) (dddddd) (eeeeee) (ffffff) (gggggg) ORS.0, Luring a minor ORS.0, Sadomasochistic abuse or sexual conduct in live show ORS.0, Exhibiting an obscene performance to a minor ORS.00, Displaying obscene materials to minors ORS., Tampering with drug records ORS., Adult using minor in commission of controlled substance offense ORS., Animal abuse II ORS., Animal abuse I ORS., Aggravated animal abuse I ORS., Sexual assault of animal ORS., Assaulting law enforcement animal ORS 11., Sex crimes including transporting child pornography into the state ORS 11., Failure to report as sex offender ORS.0, Spreading disease (willfully) prohibited ORS., Sale of drug paraphernalia prohibited ORS.0, Providing hypodermic device to minor prohibited ORS.0, Prohibited acts generally (regarding drug crimes formerly ORS.) ORS., Unlawful manufacture of heroin ORS., Unlawful manufacture of heroin within 1,000 feet of school ORS.0, Unlawful delivery of heroin ORS., Unlawful delivery of heroin within 1,000 feet of school ORS., Unlawful possession of heroin Criminal records Checks and Abuse Checks on Providers Page 0 of 1 EFFECTIVE /1/

13 (hhhhhh) (iiiiii) (jjjjjj) (kkkkkk) (LLLLLL) ORS., Unlawful manufacture of marijuana ORS., Unlawful manufacture of marijuana within 1,000 feet of school ORS.0, Unlawful delivery of marijuana ORS., Unlawful delivery of marijuana within 1,000 feet of school ORS., Unlawful possession of marijuana (mmmmmm) ORS., Unlawful manufacture of,- methylenedioxymethamphetamine (nnnnnn) ORS., Unlawful manufacture of,- methylenedioxymethamphetamine within 1,000 feet of school (oooooo) ORS.0, Unlawful delivery of,- methylenedioxymethamphetamine (pppppp) ORS., Unlawful delivery of,- methylenedioxymethamphetamine within 1,000 feet of school (qqqqqq) ORS., Unlawful possession of,- methylenedioxymethamphetamine 1 1 (rrrrrr) (ssssss) (tttttt) (uuuuuu) (vvvvvv) (wwwwww) ORS., Unlawful manufacture of cocaine ORS., Unlawful manufacture of cocaine within 1,000 feet of school ORS.0, Unlawful delivery of cocaine ORS., Unlawful delivery of cocaine within 1,000 feet of school ORS., Unlawful possession of cocaine ORS., Unlawful manufacture of methamphetamine (xxxxxx) ORS., Unlawful manufacture of methamphetamine within 1,000 feet of school (yyyyyy) ORS.0, Unlawful delivery of methamphetamine Criminal records Checks and Abuse Checks on Providers Page 1 of 1 EFFECTIVE /1/

14 (zzzzzz) (aaaaaaa) ORS., Unlawful delivery of methamphetamine within 1,000 feet of school ORS., Unlawful possession of methamphetamine (bbbbbbb) ORS.0, Unlawful delivery of controlled substance within 1,000 feet of school 1 1 (ccccccc) (ddddddd) (eeeeeee) (fffffff) (ggggggg) (hhhhhhh) (iiiiiii) (jjjjjjj) (kkkkkkk) (LLLLLLL) ORS.0, Penalties for distribution to minors ORS.0, Causing another person to ingest a controlled substance ORS., Application of controlled substance to the body of another person ORS., Prohibited acts for registrants (with the Oregon State Board of Pharmacy) ORS., Possession of precursor substance with intent to manufacture controlled substance ORS.0, Commercial drug offense ORS. Prohibited acts generally (regarding drug crimes; renumbered to ORS.0 in 0) ORS.00, Prohibited acts (regarding the practice of medicine) ORS.0, Penalties (pertaining to naturopathic medicine) ORS. Prohibited practices; rules (pertaining to pharmacy technicians and practitioners) (mmmmmmm) Any federal crime (nnnnnnn) (ooooooo) (ppppppp) Any U.S. military crime Any unclassified felony defined in Oregon Revised Statutes not listed in this rule Any other felony in Oregon Revised Statutes not listed in this rule that is serious and indicates behavior that poses a threat or jeopardizes the safety of vulnerable persons, as determined by the AD Criminal records Checks and Abuse Checks on Providers Page of 1 EFFECTIVE /1/

15 (qqqqqqq) (rrrrrrr) (sssssss) (ttttttt) Any felony in a jurisdiction outside Oregon that is not the substantial equivalent of any of the Oregon crimes listed in this section but that is serious and indicates behavior that poses a threat or jeopardizes the safety of vulnerable persons, as determined by the AD Any crime of attempt, solicitation, or conspiracy to commit a crime listed in this section pursuant to ORS 1.0, 1., or 1.0, including any crime based on criminal liability for conduct of another pursuant to ORS 1. Any crime in any other jurisdiction that is the substantial equivalent of any of the Oregon crimes listed in section (1) of this rule, as determined by the AD Any crime that is no longer codified in Oregon or other jurisdiction but that is the substantial equivalent of any of the crimes listed in section (1) of this rule, as determined by the AD 1 () The crimes listed in this section are ten-year review crimes which require that a fitness determination be completed if the date of conviction is within ten years of the date the Background Check Request form was signed or the date the Department conducted a criminal records check due to imminent risk. 1 (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) ORS 0.0, Contempt of court ORS., Prohibited fees-adoption ORS.0, Failure to appear on criminal citation ORS.(), Violation of restraining order ORS., Punishment by contempt of court (violation of release agreement) ORS.0, Bribe giving ORS.0, Bribe receiving ORS.0, Perjury ORS.0, False swearing ORS., Public investment fraud Criminal records Checks and Abuse Checks on Providers Page of 1 EFFECTIVE /1/

16 1 1 (k) (L) (m) (n) (o) (p) (q) (r) (s) (t) (u) (v) (w) (x) (y) (z) (aa) (bb) (cc) (dd) (ee) (ff) (gg) ORS., Escape III ORS., Unauthorized departure ORS.1, Supplying contraband ORS.1, Failure to appear II ORS., Failure to appear I ORS., Interfering with a peace officer ORS., Interfering with a firefighter or emergency medical technician ORS., Bribing a witness ORS., Bribe receiving by a witness ORS., Tampering with physical evidence ORS.0, Tampering with public records ORS., Resisting arrest ORS., Compounding ORS., Simulating legal process ORS., Criminal impersonation ORS., Criminal impersonation of peace officer ORS., Possession of false law enforcement identification card ORS., Initiating a false report ORS., Giving false information to police officer for a citation ORS.0, Official misconduct II ORS., Official misconduct I ORS., Misuse of confidential information ORS.1, Recklessly endangering another person Criminal records Checks and Abuse Checks on Providers Page of 1 EFFECTIVE /1/

17 1 1 (hh) (ii) (jj) (kk) (LL) (mm) (nn) (oo) (pp) (qq) (rr) (ss) (tt) (uu) (vv) (ww) (xx) (yy) (zz) (aaa) (bbb) (ccc) (ddd) (eee) ORS., Aggravated driving while suspended or revoked ORS., Unlawful use of an electrical stun gun, tear gas, or mace II ORS.0, Theft III ORS.0, Theft II ORS.0, Theft by receiving ORS., Criminal possession of a rented or leased motor vehicle ORS.0, Criminal possession of rented or leased personal property ORS., Mail theft or receipt of stolen mail ORS., Possession of a burglary tool or theft device ORS., Criminal trespass I ORS., Criminal trespass while in possession of firearm ORS., Unlawful entry into motor vehicle ORS., Criminal mischief II ORS.00, Forgery II ORS.0, Criminal possession of a forged instrument II ORS.0, Criminal simulation ORS.0, Fraudulently obtaining a signature ORS.00, Possessing fraudulent communications device ORS.0, Unlawful factoring of credit card transaction ORS.00, Falsifying business records ORS.0, Sports bribery ORS.00, Sports bribe receiving ORS.0, Misapplication of entrusted property ORS.0, Issuing a false financial statement Criminal records Checks and Abuse Checks on Providers Page of 1 EFFECTIVE /1/

18 1 1 (fff) (ggg) (hhh) (iii) (jjj) (kkk) (LLL) (mmm) (nnn) (ooo) (ppp) (qqq) (rrr) (sss) (ttt) (uuu) (vvv) (www) (xxx) (yyy) (zzz) (aaaa) (bbbb) (cccc) ORS., Obtaining execution of documents by deception ORS.0, Obtaining contents of communication ORS., Interception of communications ORS.0, Improper use of -1-1 emergency reporting system ORS., Interference with making a report ORS., Cellular counterfeiting III ORS., Cellular counterfeiting II ORS., Making false claim for health care payment ORS.0, Riot ORS.0, Disorderly conduct I ORS.0, Disorderly conduct II ORS.0, Harassment ORS.0, Abuse of a memorial to the dead ORS.00, Telephonic harassment ORS., Interfering with public transportation ORS., Negligently wounding another ORS., Pointing firearm at another ORS.0, Carrying of concealed weapon ORS.0, Unlawful possession of firearms ORS.0, Limitations and conditions for sales of firearms ORS.0, Sale or gift of explosives to children ORS., Throwing an object off an overpass II ORS.1, Throwing an object off an overpass I ORS.0, Unlawful paramilitary activity Criminal records Checks and Abuse Checks on Providers Page of 1 EFFECTIVE /1/

19 1 1 (dddd) (eeee) (ffff) (gggg) (hhhh) (iiii) (jjjj) (kkkk) (LLLL) (mmmm) (nnnn) (oooo) (pppp) (qqqq) (rrrr) (ssss) (tttt) (uuuu) (vvvv) (wwww) (xxxx) (yyyy) ORS.00, Prostitution ORS.00, Publicly displaying nudity or sex for advertising purposes ORS., Unlawful gambling in the second degree ORS., Unlawful gambling in the first degree ORS., Cheating ORS., Frequenting a place where controlled substances are used ORS., Animal neglect II ORS.0, Animal neglect I ORS., Interfering with law enforcement animal ORS.0, Animal abandonment ORS., Interfering with assistance, search and rescue or therapy animal ORS., Involvement in animal fighting ORS., Dogfighting ORS.0, Participation in dogfighting ORS., Cockfighting ORS.1, Participation in cockfighting ORS., Concealing the birth of an infant ORS 1., Criminal penalty (pertaining to Address Confidentiality Program) ORS.0, Evading requirements of law prohibited (tax evasion) ORS.0, Unlawfully obtaining public assistance ORS.0, Unlawfully receiving public assistance ORS., Submitting wrongful claim or payment (e.g., public assistance) Criminal records Checks and Abuse Checks on Providers Page of 1 EFFECTIVE /1/

20 1 1 (zzzz) (aaaaa) (bbbbb) (ccccc) (ddddd) (eeeee) (fffff) (ggggg) (hhhhh) (iiiii) (jjjjj) (kkkkk) (LLLLL) (mmmmm) (nnnnn) (ooooo) (ppppp) (qqqqq) (rrrrr) (sssss) (ttttt) ORS.0, Unlawfully obtaining or disposing of food stamp benefits ORS.0, Unauthorized use and custody of records of temporary assistance for needy families program ORS.0, Sharing assistance prohibited ORS.0, Penalty for placement of children in violation of compact ORS 1., Providing liquor to persons under or to intoxicated persons; allowing consumption by minor on property ORS., Unlawful delivery of imitation controlled substance ORS., Prohibited acts involving records and fraud ORS.1, Falsifying drug test results ORS.0, Failure to report precursor substances transaction ORS., Failure to report missing precursor substances ORS.0, Illegally selling drug equipment ORS., Providing false information on precursor substances report ORS 0.0, Forging, altering or unlawfully producing or using title or registration ORS 0., Giving false information to police officer ORS.00, Vehicular assault of bicyclist or pedestrian ORS.0, Reckless driving ORS.0, Fleeing or attempting to elude police officer ORS.00, Failure to perform duties of driver when property is damaged ORS.0, Failure to perform duties of driver to injured persons ORS 1.00, Possession of a stolen vehicle ORS 0., Failure to perform the duties of an operator (boat) Criminal records Checks and Abuse Checks on Providers Page of 1 EFFECTIVE /1/

21 1 1 (uuuuu) (vvvvv) (wwwww) (xxxxx) (yyyyy) (zzzzz) Any unclassified misdemeanor defined in Oregon Revised Statutes not listed elsewhere in this rule Any other misdemeanor in Oregon Revised Statutes not listed in this rule that is serious and indicates behavior that poses a threat or jeopardizes the safety of vulnerable persons, as determined by the AD Any misdemeanor in a jurisdiction outside Oregon that is not the substantial equivalent of any of the Oregon crimes listed in section () of this rule but that is serious and indicates behavior that poses a threat or jeopardizes the safety of vulnerable persons, as determined by the AD. If a misdemeanor in a jurisdiction outside Oregon is similar to a violation in Oregon, then it may not be considered potentially disqualifying under this section. Any crime of attempt, solicitation or conspiracy to commit a crime listed in this section pursuant to ORS 1.0 or 1., including any conviction based on criminal liability for conduct of another pursuant to ORS 1. Any crime in any other jurisdiction which is the substantial equivalent of any of the Oregon crimes listed in section () of this rule, as determined by the AD Any crime which is no longer codified in Oregon, but which is the substantial equivalent of any of the crimes listed in section () of this rule, as determined by the AD () The crimes listed in this section are five-year review crimes which require that a fitness determination be completed if the date of conviction is within five years of the date the Background Check Request form was signed or the date the Department conducted a criminal records check due to imminent risk. 0 1 (a) (b) (c) (d) (e) ORS.0, Unsworn falsification ORS., Obstructing governmental or judicial administration ORS., Criminal trespass II ORS., Reckless burning ORS., Criminal mischief III Criminal records Checks and Abuse Checks on Providers Page of 1 EFFECTIVE /1/

22 1 1 (f) (g) (h) (i) (j) (k) (L) (m) (n) (o) (p) (q) ORS., Unlawful telephone solicitation of contributions for charitable purposes ORS., Unlawful possession of fictitious identification ORS.0, Abuse of venerated objects ORS.0, Misconduct with emergency telephone calls ORS.1, Criminal driving while suspended or revoked ORS.0, Driving under the influence of intoxicants (DUII) ORS 0., Reckless operation of a boat ORS 0., Operating boat while under influence of intoxicating liquor or controlled substance ORS 0.0, False information to peace officer or Oregon State Marine Board Any conviction for attempt, solicitation or conspiracy to commit a crime listed in this section pursuant to ORS 1.0 or 1., including any conviction based on criminal liability for conduct of another pursuant to ORS 1. Any crime in any other jurisdiction which is the substantial equivalent of any of the Oregon crimes listed in section () of this rule, as determined by the AD Any crime which is no longer codified in Oregon, but which is the substantial equivalent of any of the crimes listed in section () of this rule, as determined by the AD () Evaluations of crimes may be based on Oregon laws and laws in other jurisdictions in effect at the time of the fitness determination, regardless of the jurisdiction in which the conviction occurred. () An SI may not be denied under these rules due to the existence or contents of a juvenile record that has been expunged pursuant to ORS 1A.0 to 1A.. () An SI may not be denied under these rules due to the existence or contents of an adult record that has been set aside pursuant to ORS.. Criminal records Checks and Abuse Checks on Providers Page 0 of 1 EFFECTIVE /1/

23 Stat. Auth.: ORS 11. & 0.00 Stats. Implemented: ORS 11., 11. & Other Potentially Disqualifying Conditions The following are potentially disqualifying conditions: (1) The SI makes a false statement to the QE, AD, or Department, including the provision of materially false information, false information regarding criminal records, or failure to disclose information regarding criminal records. Nondisclosure of violation or infraction charges may not be considered a false statement. () The SI is a registered sex offender in any jurisdiction. There is a rebuttable presumption that an SI is likely to engage in conduct that would pose a significant risk to vulnerable individuals if the SI has been designated a predatory sex offender in any jurisdiction under ORS 11. or found to be a sexually violent dangerous offender under ORS. (or similar statutes in other jurisdictions). () The SI has an outstanding warrant for any crime in any jurisdiction. () The SI has a deferred sentence, conditional discharge, or is participating in a diversion program for any crime in any jurisdiction. () The SI is currently on probation, parole, or post-prison supervision for any crime in any jurisdiction, regardless of the original conviction date (or date of guilty or no contest plea if there is no conviction date). () The SI has been found in violation of post-prison supervision, parole, or probation for any crime in any jurisdiction, regardless of the original conviction date (or date of guilty or no contest plea if there is no conviction date), within five years from the date the background check request was signed or the date the Department conducted a criminal records check due to imminent danger. () The SI has an unresolved arrest, charge, or a pending indictment for any crime in any jurisdiction. () The SI has been arrested in any jurisdiction as a fugitive from another state or a fugitive from justice, regardless of the date of arrest. () The SI has an adjudication in a juvenile court in any jurisdiction, finding that the SI was responsible for a potentially disqualifying crime that would result in a conviction if committed by an adult. Subsequent adverse rulings from a juvenile court, such as probation violations, shall also be considered potentially disqualifying if within five years from the date the background check request was signed or the date the Department conducted a criminal records check due to imminent danger. Criminal records Checks and Abuse Checks on Providers Page 1 of 1 EFFECTIVE /1/

24 () The SI has a finding of guilty except for insanity, guilty except by reason of insanity, not guilty by reason of insanity, responsible except for insanity, not responsible by reason of mental disease or defect, or similarly worded disposition in any jurisdiction regarding a potentially disqualifying crime, unless the local statutes indicate that such an outcome is considered an acquittal. () Potentially disqualifying abuse as determined from abuse investigation reports which have an outcome of founded, substantiated, or valid and in which the SI is determined to have been responsible for the abuse. (a) For SIs associated with child foster homes licensed through the Department s Seniors and People with Disabilities Division, child foster homes licensed through a private licensed child caring agency, or adoptive families through a private licensed child caring agency, potentially disqualifying abuse includes: 1 1 (A) (B) (C) Child protective services history held by the Department regardless of the date of initial report or outcome; Child protective services history reviewed pursuant to the federal Adam Walsh Act requirements, determined by BCU ADs to be potentially disqualifying; and Adult protective services investigations of physical abuse, sexual abuse, or financial exploitation initiated on or after January 1,, as provided to BCU by the Office of Investigation and Training and the Seniors and People with Disabilities Division based on severity. (b) For staff and volunteers of a private licensed child caring agency: (A) (B) Child protective services history held by the Department regardless of the date of initial report or outcome; and Adult protective services investigations of physical abuse, sexual abuse, or financial exploitation initiated on or after January 1,, as provided to BCU by the Office of Investigation and Training and the Seniors and People with Disabilities Division based on severity. 0 (c) For child care providers and associated subject individuals defined in OAR (0)(a)(H); 1 (A) (B) Child protective services history held by the Department regardless of the date of initial report, date of outcome, and considered potentially disqualifying pursuant to OAR 1--0; and Adult protective services investigations of physical abuse, sexual abuse, or financial exploitation initiated on or after January 1,, as provided Criminal records Checks and Abuse Checks on Providers Page of 1 EFFECTIVE /1/

25 to BCU by the Office of Investigation and Training and the Seniors and People with Disabilities Division based on severity. (d) For all other SIs, potentially disqualifying abuse includes founded or substantiated adult protective services investigations of physical abuse, sexual abuse, or financial exploitation initiated on or after January 1,, as provided to the BCU by the Office of Investigation and Training and the Seniors and People with Disabilities Division based on severity. Stat. Auth.: ORS 11., 0.0 & 0.00 Stats. Implemented: ORS 11., 11., 0.0, 0.0 & Weighing Test When making a fitness determination, the AD shall consider any of the following factors if an SI has potentially disqualifying convictions or conditions as disclosed by the SI or which is otherwise known: (1) Circumstances regarding the nature of potentially disqualifying convictions and conditions including but not limited to: 1 1 (a) (b) (c) (d) (e) The details of incidents leading to the charges of potentially disqualifying convictions or resulting in potentially disqualifying conditions. Age of the SI at time of the potentially disqualifying convictions or conditions. Facts that support the convictions or potentially disqualifying conditions. Passage of time since commission of the potentially disqualifying convictions or conditions. Consideration of state or federal laws, regulations, or rules covering the position, facility, employer, or QE regarding the potentially disqualifying convictions or conditions. () If applicable, circumstances regarding the nature of potentially disqualifying abuse including but not limited to: 0 1 (a) (b) (c) (d) Circumstances leading to the incident of abuse; The nature and type of abuse; and Other information gathered during the scope of the abuse investigation. The date of the abuse incident and abuse investigation, and the age of the SI at the time of the abuse. Criminal records Checks and Abuse Checks on Providers Page of 1 EFFECTIVE /1/