ORS 443.004 directly impacts the background check process
In this Oregon statute, 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 an APD/DD flyer. 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.
NEW!! Employees hired prior to July 28, 2009 are exempt from ORS 443.004 provided that the employee remains in the same employer. In new legislation in 2019, ORS 443.004 has been updated to allow these
grandfathered employees to move to different positions with this same employer. 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 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 an AMH flyer.
NEW: In new legislation in 2019, ORS 443.004 has been updated to allow grandfathering for mental health and alcohol and drug employees. An employee can now move to different positions if he or she has worked for the same employer since before July 28, 2009 and stays with this same employer. This exemption is not applicable to licensees (e.g., adult foster home providers)