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Administrative Rules
DHS and OHA Employee rules
- Criminal History Checks (for the Oregon Health Authority (OHA) - Effective 8/10/2012
These rules cover criminal records checks on OHA employees, volunteers under the direction and control of OHA, and certain contractors, incorporating the DHS rules by proxy. See in particular OAR 943-007-0000(1), 943-007-0000(3), and 943-007-0500.
- Abuse Checks for Department Employees and Volunteers - Effective 3/29/2010
407-007-0400 through 0460
These rules cover abuse checks on DHS and OHA employees and volunteers. Contractors are not subject to these rules.
DHS and OHA Provider rules
- NEW Temporary Rules Criminal Records Checks and Abuse Checks – OAR 407-007-0200 through 2/5/2013 to 8/2/2013. Only two rules in these Provider rules have been changed; all others are still permanent rules effective since 8/1/2012. The Temporary rules have added the following information, impacting a specific group of providers:
- The definition rule (OAR 407-007-0210) now includes as subject individuals employees, or volunteers in In-Home Safety and Reunification Services (ISRS) program, a Strengthening, Preserving and Reunifying Families (SPRF) provider; or System of Care (SOC)contractor providing Child Welfare services pursuant to ORS chapter 418
- The potentially disqualifying conditions rule (OAR 407-007-0290) now includes potentially disqualifying child abuse for the new subject individuals listed above.
These rules updates should not impact other types of providers subject to the BCU background check process.
This is the complete set of current rules. The rules cover criminal records checks and abuse checks for individuals and facilities licensed, certified or regulated by DHS for positions 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.
- Criminal History Checks (for the Oregon Health Authority providers) - Effective 8/10/2012
These rules cover criminal records checks on OHA providers incorporating the DHS rules by proxy. See in particular OAR 943-007-0000(2) and 943-007-0500.
If you have questions regarding any of the rules, contact us via email at bcu.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 employees and volunteers of DHS and OHA and many persons or employees of organizations contracting with these agencies.
What we check and how
Criminal records checks are conducted 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 Vehicle Services Division (DMV), court records, and other states' data systems. Fingerprints may be required as part of the check. Certain abuse records will also be reviewed.
Please see further information on ORS 443.004 impacting the criminal records check process.
Policy and Procedures for DHS and OHA Employees, Volunteers, Contractors and Institution Applicants The background checks 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/OHA employees, volunteers, contractors and institution applicants.