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Rules and Policies for Background Checks

Oregon Administrative Rules (OAR)

Links to rules on this page go to the Oregon Secretary of State website. Formatted copies of these rules are available to ORCHARDS users in the Help section after you log in.

Questions? Contact us

Criminal Records Check and Fitness Determination
OAR 125-007-0200 to 125-007-0330

View rules: Criminal Records C​heck and Fitness Determination
Status: Permanent rules effective 1/14/2016

Overview:​​

  • The Oregon Department of Administrative Services (DAS) implemented statewide administrative rules related to certain aspects of criminal records checks on January 4, 2016 (ORS 181A.215).
  • ​These rules streamline the criminal records check process for all of Oregon. They provide guidelines for decreasing risk to vulnerable popula​tions from people who have access or provide care.
  • ODHS and OHA background check rules have been updated to follow DAS rules, while maintaining specific requirements needed for ODHS and OHA employees, contractors, volunteers, providers and qualified entities.

Criminal Records Checks for ODHS and OHA

OAR 407-007-0000 to 0100

View rules: Criminal Records Checks for ODHS and OHA
Status: Permanent rules effective 3/27/2024

Overview:

  • These rules cover criminal records checks on ODHS and OHA employees, volunteers under the direction and control of ODHS or OHA, and certain contractors.
  • See potentially disqualifying convictions and conditions ​under these rules. There are timeframes for how long convictions are considered p​otentially disqualifying. Download the rules above for details.
  • If a subject individual has potentially disqualifying convictions or conditions, the Background Check Unit (BCU) serving ODHS and OHA must conduct a weighing test. Subject individuals should review weighing test information to learn what materials they must provide for the background check. Details and additional documents can help the BCU make an informed fitness determination.

Abuse Checks for ODHA and OHA Employees and Volunteers
OAR 407-007-0400 to ​0460

View rules: Abuse Checks for ODHS and OHA Employees and Volunteers 
Status: Permanent rules effective 3/27/2024​

Overview:

  • These rules cover abuse checks on ODHS and OHA employees and volunteers. Contractors for Oregon State Hospital, Stabilization and Crisis Unit, and any ODHS or OHA contracted secure Residential Treatment Facility are also subject to these rules. All other contractors are not subject to these rules.
  • See potentially disqualifying abuse under these rules. Download the rules above for details.
  • ​If a subject individual has potentially disqualifying convictions or conditions, the BCU must conduct a weighing test. Subject individuals should review weighing test information to learn what materials they must provide for the background check. Details and additional documents can help the BCU make an informed fitness determination.​

Background Checks for OHA
OAR 943-007-0001 to 943-007-0501

View rules: Background Checks for OHA​
Status: Permanent rules effective 2/10/2020

Overview:

Criminal Records and Abuse Checks
OAR 407-007-0200 to 407-007-0370

View rules: Criminal Records Checks and Abuse Checks 
Status: Permanent rules effective 12/17/2021

Overview

  • These rules cover criminal records checks and abuse checks for individuals and f​acilities licensed, certified or regulated by ODHS 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
  • See potentially disqualifying convictions and conditions for criminal history and potentially disqualifying abuse history. There are timeframes for how long convictions are considered potentially disqualifying.
  • If a subject individual has potentially disqualifying convictions or conditions, the Background Check Unit (BCU) serving ODHS or OHA, must conduct a weighing test. Subject individuals should review weighing test information for providers to learn what materials ​they must provide for the background check. Details and additional documents can help BCU make an informed fitness determination.

Background Check Registry and Portability
OAR 407-007-0600 to 407-007-0640

View rules: Background Check Registry and Portability 
Status: Permanent rules effective 12/17/2021

Overview

  • These rules implement ORS 443-006, augmenting BCU’s Oregon Criminal History and Abuse Records Data System (ORCHARDS) to include a searchable online registry of individuals with completed background checks who work or seek to work as homecare workers, or eligible to work in certain facilities or agencies.
  • If BCU approves a subject individual’s background check and the subject individual has portability:
    • The facility or agency submitting a new application to ORCHARDS will get automatic approval without a new background check. 
    • The individual may be hired by a facility or agency or work as a homecare worker immediately. 
    • An individual maintains placement on the registry by having rechecks for a defined period of time, for example, every two years.
  • The following agencies and services have portability of a subject individual's approved background check:
    • Homecare workers (Aging and People with Disabilities), personal support workers (Developmental Disability Services), and personal care attendant (Behavioral Health)
    • Long-term care facilities for Aging and People with Disabilities (assisted living facilities, residential care facilities, and nursing facilities)
    • Developmental Disability services: Residential training facilities, supported living, employment support, etc. (Employees of community developmental disability programs or Brokerages do not have portability)
  • ​Employees of in-home care agencies who work for clients with a Medicaid contract have portability to any other in-home care agency in Oregon.​

Criminal History Check for OHA Providers
OAR 943-007-0001 to 943-007-0501

View rules: Criminal History Check for OHA Providers​
Status: Permanent rules effective 2/10/2020​

Overview​

  • These rules cover criminal records checks on OHA providers incorporating the ODHS rules by proxy, with specific rules for OHA hearing rights. See in particular OAR 943-007-0001(2) and 943-007-0501. 

Oregon Revised Statutes (ORS)

Below is an overview of statutes related to background checks. Visit the Oregon State Legislature website for the full text of ORS Chapter 181A and Chapter 443. 

​
  • ORS 181A.170 - Electronic fingerprint capture required (formerly 181.156)
  • ORS 181A.190 - Clearinghouse criminal records checks (formerly 181.533)
  • ORS 181A.195 - Authorizing statute allowing certain agencies to run fingerprint based criminal records checks (formerly 181.534)
  • ORS 181A.200 - ​Authorizing statute for ODHS and OHA to conduct criminal records checks on subject individuals (formerly 181.537)
  • ORS 181A.215 - Authorizing statute for Department of​ Administrative Services to implement rules on criminal records check processes in Oregon (formerly 181.547)
  • ORS 181A.235 - Clearinghouse criminal records checks waiver of fees on certain checks
  • ORS 443.004 - Public funds for employment not allowed for subject individuals with certain convictions
  • ORS 443.006 - Background check registry for certain ODHS and OHA subject individuals
  • ORS 443.007 - Employment not allowed for certain subject individuals with certain abuse substantiations
  • ORS 443.008 - Certain criteria to be weighed for potentially disqualifying abuse; what can be challenged in contested case hearing​

According to this statute, public funds for employment can't be used for subject in​dividuals in certain positions if they have been convicted of specific crimes. People who are not eligible for employment under ORS 443.004 don't have hearing rights to appeal this determination from the Background Check Unit.​

Details and specific crimes​​​

For ODHS ​Aging a​​nd People with Disabilities programs (APD) and Developmental Disabilities programs (DD):
  • See the list of disqualifying crimes for APD and DD​.
  • The length of ineligibility depends on the age of the person ​being served.
  • This applies 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, unless they work exclusively in nursing facilities.
    • Staff at adult foster homes, including licensed adult foster homes for developmental disability, seniors or adults with physical disabilities.
    • Employees of in-home care agencies licensed through OHA who have contracts with ODHS to provide care for clients 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.
  • ​ORS 443.004 does not cover nursing facilities, hospitals, or any non-paid positions such as volunteers or adult foster home household members.
For OHA Behavioral Health programs:
  • See the list of disqualifying crimes for Behavioral Health​.
  • This applies to:
    • Paid mental health treatment providers (including peer support specialists) who work in residential facilities licensed to provide these services.​
    • Paid alcohol and drug treatment providers who work in residential facilities licensed to provide these services.
Exem​pti​ons

In 2019, ORS 443.004 was updated to allow employees to move to different positions within their company if:​

  • They have worked for the same employer since before July 28, 2009, and
  • They stay with this same employer.

This exemption does not apply to licensees, for example adult foster home providers.

Process and policy

  • People who work or volunteer where services are provided to children, seniors, and people with disabilities or a mental illness.
    • ​In some cases, people who live where these services are provided need a background check.
  • ​Employees and volunteers of ODHS and OHA
  • Certain employees of organizations that contract with ODHS or OHA.

Note: Oregon administrative rules use the term "subject individual" (SI)for the person whose background is being checked.

  • Criminal records checks are generally done through the State of Oregon Law Enforcement Data System (LEDS). If necessary, criminal records checks can be done through the Federal Bureau of Investigation (FBI).
  • Information can also come from the Driver and Motor Vehicle Servi​ces Division (DMV), court records, and other states' data systems.​
  • Certain abuse records will be reviewed.
  • Fingerprints may be​ required as part of the check.

For ODHS and OHA employees, volunteers, contractors and institution applicants​

The ODHS and OHA background check policy states that criminal record and abuse checks must follow administrative rules. The associated procedures give more detail.​