*Update with the passage of HB4084 on 3/27/2012
ORS 443.004 directly impacts the background check process. In this legislation, public funds may not be used to support, in whole or in part, the employment in any capacity of individuals in certain positions if the individual has specific convictions. Individuals found ineligible for employment due to ORS 443.004 do not have hearing rights regarding this determination from the Background Check Unit.
ORS 443.004 has the following impacts:
For Department of Human Services Aging and People with Disabilities programs and the Developmental Disabilities programs: The length of ineligibility based on a conviction depends on the age of the vulnerable individuals being served. Details regarding the crimes list are available in a new APD/DD flyer updated on April 17, 2012. The subject positions include but are not limited to:
- Employees and contractors of residential facilities, including assisted living facilities, residential care facilities, residential treatment homes, residential treatment facilities and residential training facilities. Employees of staffing agencies are subject, unless they work exclusively in nursing facilities.
- Staff at adult foster homes including any licensed adult foster home for developmental disability, seniors or adults with physical disabilities.
- Employees of in-home care agencies which are licensed through the Oregon Health Authority (OHA) and have contracts with DHS to provide care to client of Aging and People with Disabilities programs.
- Home care workers, Independent Choices providers, and personal care assistants.
- Anyone employed or contracted by programs for individuals with developmental disabilities.
Employees hired prior to July 28, 2009 are exempt from ORS 443.004 provided that the employee remains in the same position working for the same employer after July 28, 2009. This exemption is not applicable to licensees (e.g., adult foster home providers).
NOTE: ORS 443.004 does not cover nursing facilities or hospitals. ORS 443.004 does not cover relative adult foster homes or any non-paid positions such as volunteers or adult foster home household members.
For Oregon Health Authority Addictions and Mental Health Division: All paid mental health treatment providers (including peer support specialists), and all paid alcohol and drug treatment providers working in residential facilities licensed to provide these services, certain crimes make an individual ineligible to work. Details regarding the crimes list are available in a new AMHD flyer updated April 27, 2012.
NOTE: There is no grandfathering for mental health or alcohol and drug treatment providers.
Program rules are being updated regarding ORS 443.004 and other legislation. Find rules pertinent to your program.