DHS may not issue or renew a certificate of …
CHILD WELFARE HAS A SPECIFIC SET OF RULES (OAR413-120-0400 TO 413-120-0475) THAT GOVERNS CRIMINAL BACKGROUND CHECKS FOR FOSTER AND ADOPTIVE HOMESTHE RULES USE THE TERM “SUBJECT INDIVIDUAL” TO DESCRIBE ANYONE WHO IS SUBJECT TO A CRIMINAL CHECK UNDER THE RULES.THE FOLLOWING ALL ARE CONSIDERED SUBJECT INDIVIDUALS:FOSTER APPLICANTSADOPTIVE APPLICANTSOTHER ADULTS WHO LIVE IN A PROSPECTIVE FOSTER HOME OR ADOPTIVE HOME, UNLESS THEY ARE A YOUNG ADULT IN THE CUSTODY OF DHS CHILD WELFARERESPITE CARE AND RELIEF CARE PROVIDERSAT THE DISCRETION OF THE DHS WORKER AND SUPERVISOR, INDIVIDUALS UNDER 18 YEARS OLD WHO LIVE IN THE HOME AND ADULTS WHO FREQUENT THE HOME BUT DO NOT RESIDE IN THE HOME.THE RULES REQUIRE A FITNESS DETERMINATION FOR ANY SUBJECT INDIVIDUAL WITH A CRIMINAL CONVICTION OF ANY KIND, REGARDLESS OF THE SEVERITY OF THE CONVICTION OR HOW LONG AGO THE CONVICTION OCCURRED.DHS CANNOT APPROVE ANYONE WITH A HISTORY THAT INCLUDES A FELONY CRIME INVOLVING ANY OF THE FOLLOWING:VIOLENCE, INCLUDING RAPE, SEXUAL ASSAULT, MURDER, HOMICIDE, BUT NOT INCLUDING OTHER PHYSICAL ASSAULT OR BATTERYINTENTIONAL STARVATION OR TORTUREABUSE OR NEGLECT OF A CHILDSPOUSAL ABUSEAIDING, ABETTING, ATTEMPTING, SOLICITING OR CONSPIRING TO CAUSE THE DEATH OF A CHILDSODOMY OR SEXUAL ABUSEANY FELONY CONVICTION FOR A CRIM IN WHICH A CHILD IS THE VICTIM OF THE CRIME, INCLUDING FELONY CONVICTIONS FOR CHILD PORNOGRAPHYDHS CANNOT APPROVE ANY INDIVIDUAL WITH A CONVICTION FOR EITHER OF THE FOLLOWING IF THE CONVICTION OCCURRED WITHIN THE LAST 5 YEARSDRUG-RELATED CRIMESASSAULT/BATTERYIN ORDER FOR AN INDIVIDUAL WITH A CONVICTION FOR ANY OF THE CRIMES BELOW TO BE APPROVED, THE FITNESS DETERMINATION MUST BE MADE BY CENTRAL OFFICE, SPECIFICALLY THE CHILD WELFARE DIRECTOR OR DESIGNEE:ANY DRUG-RELATED FELONY CONVICTIONS THAT OCCURRED MORE THAT 5 YEARS AGOANY FELONY CONVICTIONS FOR CRIMES INVOLVING VIOLENCE, UNLESS THE CRIME IS AUTOMATICALLY DISQUALIFYING, AS DESCRIBED ABOVEANY MISDEMEANOR CRIME OF VIOLENCE AGAINST A CHILDIN ORDER FOR AN INDIVIDUAL WITH A CONVICTION FOR ANY OF THE CRIMES BELOW TO BE APPROVED, THE FITNESS DETERMINATION MUST BE MADE BY THE DISTRICT MANAGER OR, IF DESIGNATED BY THE DISTRICT MANAGER, THE DISTRICT’SCHILD WELFARE PROGRAM MANAGER:ANY FELONY OR MISDEMEANOR CONVICTION INVOLVING DOMESTIC VIOLENCE, UNLESS THE CONVICTION IS AUTOMATICALLY DISQUALIFYING AS DESCRIBED ABOVE OR REQUIRES CENTRAL OFFICE APPROVAL.ANY FELONY CONVICTION THAT IS NOT AUTOMATICALLY DISQUALIFYING AND THAT DOES NOT REQUIRE AN EXCEPTION BY CENTRAL OFFICE.IN ORDER FOR AN INDIVIDUAL WITH A CONVICTION FOR ANY OF THE CRIMES BELOW TO BE APPROVED, THE FITNESS DETERMINATION MUST BE MADE BY A CHILD WELFARE SUPERVISOR:ANY MISDEMEANOR CONVICTION THAT DOES NOT REQUIRE AN EXCEPTION BY CENTRAL OFFICE, DISTRICT MANAGER OR CHILD WELFARE PROGRAM MANAGER ................
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