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Rules and policy
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Administrative Rules
Employee rules
- Criminal History Checks - Effective 9/1/2008
407-007-0000 through 0100
These rules cover criminal records checks on Department of Human Services employees, volunteers under the direction and control of the Department, and certain contractors.
New! The Department of Human Services has filed updates to these rules with the Secretary of State to become effective 1/1/2010.
Criminal Records Check Rules for Department Employees, Volunteers, and Contractors
Chapter/division: Chapter 407, Division 7
Hearing date/time: 12/21/09; 10:00 a.m.
Notice and rules with edits - This version shows the rules with all the proposed additions and deletions. Notice and rules with all edits accepted - This version shows the rules with all edits accepted as a clean copy for ease of reading.
- Abuse Checks - Effective 10/1/2009
407-007-0400 through 0460
New! These rules cover abuse checks on DHS employees and volunteers. Contractors are not subject to these rules. These are TEMPORARY rules, effective 10/1/2009 to 3/30/2009, although the Department will file permanent rules in the near future.
Provider rules
- Criminal Records Checks - Effective 10/1/2009
407-007-0200 through 0370
These rules persons and facilities licensed, certified or regulated by the Department such as home care workers, long term care facility volunteers and staff, adult foster home providers and caregivers, and staff and volunteers of private licensed child caring agencies.
New! The Department of Human Services has filed updates to these rules with the Secretary of State to become effective 1/1/2010.
Criminal Records Check Rules for Department Providers
Chapter/division: Chapter 407, Division 7
Hearing date/time: 12/21/09; 10:30 a.m.
Notice and rules with edits - This version shows the rules with all the proposed additions and deletions. Notice and rules with all edits accepted - This version shows the rules with all edits accepted as a clean copy for ease of reading.
If you have questions regarding any of the rules, contact us via email at cru.info@state.or.us or by phone at 503-378-5470 (toll free at 888-272-5545).
Process, policy and procedures
Who needs to be checked?
The administrative rules define a person who must be checked as a "subject individual." Subject individual includes people who work, volunteer and, in some cases, live in a location where services are provided to children, seniors, and people with disabilities or mental illness. The term also includes DHS employees, DHS volunteers and many persons or employees of agencies contracting with the Department.
What we check and how
The Department conducts criminal records checks through the State of Oregon Law Enforcement Data System (LEDS) and, if necessary, through the Federal Bureau of Investigation (FBI). In addition, information may be obtained through the Driver and Motor Vehicles Division (DMV), court records, and other states' data systems. Fingerprints may be required as part of the check. If authorized by statue or administrative rule, the Department may also review abuse records.
DHS Policy and Procedures for Department Employees
The DHS criminal history check policy directs that criminal records checks and abuse checks be done in accordance with the administrative rules. The associated procedures provide more detail on the process for DHS employees.
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