Permanently Reviewed Crimes

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1 MH and APD, DD EFF: 4/13/12 4/13/2012 Potentially Disqualifying Crimes & Conditions 0280(1) ly Reviewed Crimes ORS Escape II ORS Escape I ORS Tampering with a witness ORS Hindering prosecution ORS Criminal homicide ORS ORS Aggravated murder ORS ORS Murder ORS ORS Manslaughter I ORS ORS Manslaughter II ORS ORS Criminally negligent homicide ORS ORS Aggravated vehicular homicide ORS Assault IV ORS ORS Assault III ORS ORS Assault II ORS ORS Assault I ORS ORS Strangulation ORS Menacing ORS ORS Criminal mistreatment II ORS ORS Criminal mistreatment I ORS Female genital mutilation ORS Assault of a public safety officer ORS Unlawful use of an electrical stun gun, tear gas or mace I ORS ORS Kidnapping II ORS ORS Kidnapping I ORS Custodial interference II ORS Custodial interference I ORS ORS Subjecting another person to involuntary servitude in the second degree ORS ORS Subjecting another person to involuntary servitude in the first degree

2 0280(1) ly Reviewed Crimes ORS ORS Trafficking in persons ORS ORS Coercion ORS ORS Rape III ORS ORS Rape II ORS ORS Rape I ORS ORS Sodomy III ORS ORS Sodomy II ORS ORS Sodomy I ORS ORS Unlawful Sexual penetration II ORS ORS Unlawful Sexual penetration I ORS ORS Sexual abuse III ORS ORS Sexual abuse II ORS ORS Sexual abuse I ORS yrs younger Online sexual corruption of a child in the second degree ORS ORS yrs younger Online sexual corruption of a child in the first degree ORS ORS ORS Contributing to the sexual delinquency of a minor ORS yrs or older Sexual misconduct ORS ORS Custodial sexual misconduct I ORS Custodial sexual misconduct II ORS ORS Public indecency ORS ORS Private indecency ORS Unlawfully being in a location where children regularly congregate ORS Unlawful contact with a child ORS Bigamy ORS Child victim ORS Incest

3 0280(1) ly Reviewed Crimes ORS ORS Abandonment of a child ORS ORS Buying or selling a person under 18 years of age ORS Child neglect II ORS ORS Child neglect I ORS Criminal nonsupport ORS Endangering the welfare of a minor ORS ORS Using child in display of sexually explicit conduct ORS Paying for viewing a child's sexually explicit conduct ORS ORS Encouraging child sexual abuse I ORS ORS Encouraging child sexual abuse II ORS ORS Encouraging child sexual abuse III ORS ORS Possession of materials depicting sexually explicit conduct of a child I ORS ORS Possession of materials depicting sexually explicit conduct of a child II ORS Failure to report child pornography ORS ORS Invasion of personal privacy ORS Stalking ORS Violating court s stalking protective order ORS ORS Theft I ORS ORS Aggravated theft I ORS Theft by extortion ORS Theft by deception ORS ORS Organized retail theft ORS F ORS Theft of services ORS Unauthorized use of a vehicle ORS Laundering a monetary instrument ORS ORS Burglary II ORS ORS Burglary I

4 0280(1) ly Reviewed Crimes ORS Arson II ORS ORS Arson I ORS Criminal Mischief I ORS F ORS Computer crime ORS Robbery III ORS ORS Robbery II ORS ORS Robbery I ORS ORS Forgery I ORS ORS Criminal possession of a forged instrument I ORS ORS Criminal possession of a forgery device ORS Fraudulent use of a credit card ORS Negotiating a bad check ORS Cellular counterfeiting I ORS ORS Identity theft ORS ORS Aggravated identity theft ORS Unlawful possession of a personal identification device ORS Treason ORS Aggravated Harassment ORS Abuse of corpse II ORS Abuse of corpse I ORS Intimidation II ORS Intimidation I ORS Unlawful use of weapon ORS Possession of weapons by certain felons Unlawful possession of machine guns, certain short-barreled firearms and ORS firearm silencers. ORS Possession of weapons by inmates of institutions

5 0280(1) ly Reviewed Crimes Possession of firearm or dangerous weapon in public building or court facility; ORS exceptions; discharging firearm at school ORS Possession of destructive device prohibited ORS Unlawful manufacture of destructive device ORS Firearms used in felony ORS Obliteration or change of identification number on firearms ORS Racketeering activity unlawful ORS ORS Promoting prostitution ORS ORS Compelling prostitution ORS Furnishing sexually explicit material to a child (replaced ) ORS ORS Luring a minor ORS Sadomasochistic abuse or sexual conduct in live show ORS Exhibiting an obscene performance to a minor ORS 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 ORS Animal abuse I ORS ORS Aggravated animal abuse I ORS Sexual assault of animal ORS Assaulting law enforcement animal ORS ORS Sex crimes including transporting child pornography into the state ORS Failure to report as sex offender ORS Spreading disease (wilfully) prohibited ORS Sale of drug paraphernalia prohibited ORS Providing hypodermic device to minor prohibited ORS yr ORS Prohibited acts generally (regarding drug crimes; formerly ORS ) ORS yr ORS Unlawful manufacture of heroin

6 0280(1) ly Reviewed Crimes ORS yr ORS Unlawful manufacture of heroin within 1000 feet of school ORS yr ORS Unlawful delivery of heroin ORS yr ORS Unlawful delivery of heroin within 1000 feet of school ORS Unlawful possession of heroin ORS yr ORS Unlawful manufacture of marijuana ORS yr ORS Unlawful manufacture of marijuana within 1000 feet of school ORS yr ORS Unlawful delivery of marijuana ORS yr ORS Unlawful delivery of marijuana within 1000 feet of school ORS Unlawful possession of marijuana ORS yr ORS Unlawful manufacture of 3,4-methylenedioxymethamphetamine ORS yr Unlawful manufacture of 3, 4-methylenedioxymethamphetamine within 1000 ORS feet of school ORS yr ORS Unlawful delivery of 3, 4-methylenedioxymethamphetamine ORS yr Unlawful delivery of 3, 4-methylenedioxymethamphetamine within 1000 feet of ORS school ORS Unlawful possession of 3, 4-methylenedioxymethamphetamine ORS yr ORS Unlawful manufacture of cocaine ORS yr ORS Unlawful manufacture of cocaine within 1000 feet of school ORS yr ORS Unlawful delivery of cocaine ORS yr ORS Unlawful delivery of cocaine within 1000 feet of school ORS Unlawful possession of cocaine ORS yr ORS Unlawful manufacture of methamphetamine ORS yr ORS Unlawful manufacture of methamphetamine within 1000 feet of school ORS yr ORS Unlawful delivery of methamphetamine ORS yr ORS Unlawful delivery of methamphetamine within 1000 feet of school ORS Unlawful possession of methamphetamine ORS yr ORS Unlawful delivery of controlled substance within 1000 feet of school ORS yr ORS Penalties for distribution to minors

7 0280(1) ly Reviewed Crimes ORS yr ORS 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 regarding felony crimes) Possession of precursor substance with intent to manufacture controlled ORS substance ORS Commercial drug offense (changed in 1977 to ) Prohibited acts generally (regarding drug crimes; renumbered to ORS ORS in 2005) ORS Prohibited acts (regarding the practice of medicine) ORS Penalties (pertaining to naturopathic medicine) ORS Prohibited practices; rules (pertaining to pharmacy technicians and practitioners) ********* Any federal crime ********* 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. ORS ********* 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 ORS A/C/S ********* Any crime of attempt, solicitation or conspiracy to commit a crime listed in this section pursuant to ORS , , or , including any crime based on criminal liability for conduct of another pursuant to ORS ********* 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

8 0280(1) 10 Year Review Convictions ORS Contempt of court ORS Prohibited fees-adoption ORS Failure to appear on criminal citation ORS Violation of restraining order ORS Punishment by contempt of court (violation of release agreement) ORS Bribe giving ORS Bribe receiving ORS Perjury ORS False swearing ORS Public investment fraud ORS Escape III ORS Unauthorized departure ORS Supplying contraband ORS 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 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

9 0280(1) 10 Year Review Convictions ORS Initiating a false report ORS Giving false information to police officer for a citation ORS Official misconduct II ORS Official misconduct I ORS Misuse of confidential information ORS Recklessly endangering another person ORS Aggravated driving while suspended or revoked ORS Unlawful use of an electrical stun gun, tear gas or mace II ORS Theft III ORS Theft II ORS Theft by receiving ORS Criminal possession of a rented or leased motor vehicle ORS Criminal possession of rented or leased personal property ORS Mail theft or receipt of stolen mail ORS Possession of 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 Forgery II ORS Criminal possession of a forged instrument II ORS Criminal simulation ORS Fraudulently obtaining signature ORS Possessing fraudulent communications device ORS Unlawful factoring of credit card transaction ORS Falsifying business records ORS Sports bribery ORS Sports bribe receiving

10 0280(1) 10 Year Review Convictions ORS Misapplication of entrusted property ORS Issuing a false financial statement ORS Obtaining execution of documents by deception ORS Obtaining contents of communication ORS Interception of communications ORS Improper use of 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 Riot ORS Disorderly conduct I ORS Disorderly conduct II ORS Harassment ORS Abuse of a memorial to the dead ORS Telephonic harassment ORS Interfering with public transportation ORS Negligently wounding another ORS Pointing firearm at another ORS Carrying of concealed weapon ORS Unlawful possession of firearms ORS Limitations and conditions for sales of firearms ORS Sale or gift of explosives to children ORS Throwing an object off an overpass II ORS Throwing an object off an overpass I ORS Unlawful paramilitary activity ORS Prostitution ORS Publicly displaying nudity or sex for advertising purposes

11 0280(1) 10 Year Review Convictions 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 Animal neglect I ORS Interfering with law enforcement animal ORS Animal abandonment ORS Interfering with assistance, search and rescue or therapy animal ORS Involvement in animal fighting ORS Dogfighting ORS Participation in dogfighting ORS Cockfighting ORS Participation in cockfighting ORS Concealing the birth of an infant ORS Criminal penalty (pertaining to Address Confidentiality Program) ORS Evading requirements of law prohibited (tax evasion) ORS Unlawfully obtaining public assistance ORS Unlawfully receiving public assistance ORS Submitting wrongful claim or payment (e.g., public assistance) ORS Unlawfully obtaining or disposing of food stamp benefits Unauthorized use and custody of records of temporary assistance for needy ORS families program ORS Sharing assistance prohibited ORS Penalty for placement of children in violation of compact Providing liquor to person under 21 or to intoxicated person; allowing ORS consumption by minor on property ORS Unlawful delivery of imitation controlled substance

12 0280(1) 10 Year Review Convictions ORS Prohibited acts involving records and fraud ORS Falsifying drug test results ORS Failure to report precursor substance ORS Failure to report missing precursor substances ORS Illegally selling drug equipment ORS Providing false information on precursor substances report ORS Forging, altering or unlawfully producing or using title or registration ORS Giving false information to police officer ORS Vehicular assault of bicyclist or pedestrian ORS Reckless driving ORS Fleeing or attempting to elude police officer ORS Failure to perform duties of driver when property is damaged ORS Failure to perform duties of driver to injured persons ORS Possession of a stolen vehicle ORS Failure to perform the duties of an operator (boat) 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 authorized designee. Any misdemeanor in a jurisdiction outside Oregon that is not the substantial equivalent of any of the Oregon crimes listed in section (2) 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 cannot 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 , , or , including any crime based on criminal liability for conduct of another pursuant to ORS

13 0280(1) 10 Year Review Convictions Any crime in any other jurisdiction which is the substantial equivalent of any of ********* the Oregon crimes listed in section (2) of this rule as determined by the AD Any crime which is no longer codified in Oregon or other jurisdiction but which is ********* the substantial equivalent of any of the crimes listed in section (2) of this rule as determined by the AD 5 Year Review Convictions 0280(3) ORS Unsworn falsification ORS Obstructing governmental or judicial administration ORS Criminal trespass II ORS Reckless Burning ORS Criminal mischief III ORS Unlawful telephone solicitation of contributions for charitable purposes ORS Unlawful possession of fictitious identification ORS Abuse of venerated objects ORS Misconduct with emergency telephone calls ORS Criminal driving while suspended or revoked ORS Driving under the influence of intoxicants (DUII) ORS Reckless operation of a boat Operating boat while under the influence of intoxicating liquor or controlled ORS substance ORS 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 , , including any crime based on criminal liability for conduct of another pursuant to ORS Any crime in any other jurisdiction which is the substantial equivalent of any of ********* the Oregon crimes listed in section (3) of this rule as determined by the AD Any crime which is no longer codified in Oregon or other jurisdiction but which is ********* the substantial equivalent of any of the crimes listed in section (3) of this rule as determined by the AD

14 0280(1) Other Potentially Disqualifying Conditions OAR FALSE STATEMENT. The SI makes a false statement to the QE, AD, or Department, including the provision of materially false information, false Subsection 1 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. Subsection 2 Subsection 3 Subsection 4 Subsection 5 Subsection 6 SEX OFFENDER. The subject individual 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 the Department, its clients, or vulnerable individuals if the SI has been designated a predatory sex offender in any jurisdictions under ORS or found to be a sexually violent dangerous offender under ORS (or similar statutes in other jurisdictions). WARRANTS. The SI has an outstanding warrant for any crime in any jurisdiction DEFERRED SENTENCE, DIVERSION PROGRAM. The SI has a deferred sentence, conditional discharge, or is participating in a diversion program, in any jurisdiction. PROBATION, PAROLE, OR POST-PRISON SUPERVISION. 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). PAROLE OR PROBATION VIOLATION. 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 or less from the date the DHS Background Check Request Form was signed or the date the Department conducted a criminal history check due to imminent danger.

15 Subsection 7 Subsection 8 Subsection 9 Subsection 10 UNRESOLVED ARRESTS, CHARGES OR INDICTMENTS. The SI has an unresolved arrest, charge, or a pending indictment, for any crime in any jurisdiction FUGITIVE. 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. JUVENILE ADJUDICATION. 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 form was signed or the date the Department conducted a criminal records check due to imminent danger. GUILTY EXCEPT FOR INSANITY. 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.

16 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: (A) Child protective services history held by the Department regardless of the date of initial report or outcome; (B) Child protective services history reviewed pursuant to the federal Adam Walsh Act requirements, determined by BCU ADs to be potentially disqualifying; and Subsection 11 (C) Adult protective services investigations of physical abuse, sexual abuse, or financial exploitation initiated on or after January 1, 2010, 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) Child protective services history held by the Department regardless of the date of initial report or outcome; and (B) Adult protective services investigations of physical abuse, sexual abuse, or financial exploitation initiated on or after January 1, 2010, as provided to BCU by the Office of Investigation and Training and the Seniors and People with Disabilities Division based on severity. (c) For child care providers and associated subject individuals defined in OAR (30)(a)(H); (A) Child protective services history held by the Department regardless of the d t f i iti l t d t f t Miscellaneous d id d t ti ll di lif i Related Statutes Misdemeanors treated as or reduced to VIOLATIONS ARE NOT POTENTIALLY DISQUALIFYING. See Statutes below for more information. ORS Misdemeanor treated as violation; prosecuting attorney s election ORS Misdemeanor treated as violation; court s election Felonies treated or reduced to MISDEMEANORS ARE STILL POTENTIALLY DISQUALIFYING based on the review list. (, 10-Year OR 5-Year). Misc Misc Misc

17 APD Rule Foster Homes for Children with Disabilities (Excerpt:) (9) The Department may not issue or renew a certificate if an applicant or member of the household: (a) Has, after completing the Department s background check as defined in 0210, a fitness determination of denied. (b) Has, at any time, been convicted of a felony in Oregon or any jurisdiction that involves: (A) Child abuse or neglect; (B) Spousal abuse; (C) Criminal activity against children, including child pornography; or (D) Rape, sexual assault, or homicide. (c) Has, within the past five years from the date the background check was signed as defined in 0210, been convicted of a felony in Oregon or any jurisdiction that involves: (A) Physical assault or battery (other than against a spouse or child); or (B) Any drug-related offense. (d) Has been found to have abused or neglected a child or adult as defined in ORS 419B.005 or as listed in OAR (e) Has, within the past five years from the date the child foster home application was signed, been found to have abused or neglected a child or adult in the United States as defined by that jurisdiction or any other jurisdiction. U th AW fl d i i th /10 i li t b id

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