Criminal Records Checks for Prospective Foster and Adoptive Families

When? Who? Which? When are background checks required? Who must be checked? What type of check is required?

When? Initial Application Reopen Change in application type Someone new moves into the home

Initial Certification All adults who live in the home and respite providers must be checked. Child care providers must be checked unless it is a child care facility. All adults living in the home must be fingerprinted and undergo an NCIC (FBI) check.

Initial Certification Respite/child care providers must be fingerprinted if……. They have lived out of state for 60+ consecutive days in the last 5 years. LEDS or another record source reveals criminal history or the individual discloses history. DHS determines a fingerprint check is warranted for any other reason.

Initial Certification Background Checks are optional for ………. Babysitters Household Members under 18 Anyone who frequents the house

Certification Renewal Recheck everyone who was previously checked! A Fingerprint-based FBI Check is not required unless…. The subject individual’s LEDS check or other record source reveals an arrest during the certification period, or the subject individual discloses an arrest There is an adult in the home who has not yet been subject to a fingerprint-based FBI check. The subject individual has lived outside of Oregon for 60+ consecutive days in the last year. DHS determines an FBI check is warranted for any other reason

Certification Renewal vs. Reopening A certification may be reopened under certain circumstances (see OAR 413-200-0292). For background check purposes, a “re-open” is treated as a new application. Therefore, fingerprinting is required again, as well as a new fitness determination if any adult household member or respite provider has criminal history.

Obtaining Background Check Results Subject Individual (SI) = the person whose background is being checked 1011F is signed by the SI. Send 1011F to the Background Check Unit (BCU) via email to bcw.cw.1011Fs@dhsoha.state.or.us If fingerprinting is required, provide instructions to the SI about how to get printed. A LEDS check may be completed in the branch for emergency placement.

Fitness Determinations Any history of criminal convictions requires a fitness determination, regardless of how long ago the conviction occurred or how minor the offense. Arrests which meet specific criteria also require a fitness determination.

Fitness Determinations The following individuals can make fitness determinations: Supervisors Child Welfare Program managers District Managers Central Office Child Welfare Administrator The level of approval required depends upon the crime, and is defined in Oregon Administrative Rules.

Fitness Determinations When a person’s record includes felony convictions for certain crimes, the person’s fitness determination must result in denial. In other words, these felony crimes are automatically disqualifying. Automatically disqualifying crimes include: Violence, including rape, sexual assault, and homicide, but not including other physical assault or battery ("Violence" means the use of physical force to injure, damage, or abuse.) Spousal abuse Sodomy or sexual abuse A crime in which a child is the victim (including child pornography) Additional serious crimes as listed in the Criminal History rule

Fitness Determinations When a person has been convicted of certain felony crimes within the past five (5) years, the fitness determination must result in denial. Five year exclusion crimes include: Physical assault, battery A drug-related offense Specific crimes as listed in the Criminal History rule

Weighing Test A weighing test is a required part of any fitness determination unless the subject individual’s history includes convictions for crimes that are automatically disqualifying.

Weighing Test The details of the incidents that led to potentially disqualifying convictions or arrests and the facts that support the convictions or arrests

Weighing Test The age of the subject individual at the time of the convictions or arrests

Weighing Test The passage of time since the convictions or arrests

Weighing Test Whether or not the subject individual was charged with or indicted for a crime related to a potentially disqualifying arrest, and the disposition of any charge or indictment related to a potentially disqualifying arrest.

Weighing Test Other information related to criminal activity including charges, arrests, pending indictments, and convictions. Other behavior involving contact with law enforcement may also be reviewed if information is relevant to other criminal records or shows a pattern relevant to criminal history.

Weighing Test Periods of incarceration

Weighing Test Status of and compliance with parole, post-prison supervision, or probation

Weighing Test Evidence of alcohol or drug issues directly related to criminal activity.

Weighing Test Evidence of treatment or rehabilitation related to criminal activity or potentially disqualifying conditions

Weighing Test Likelihood of repetition of criminal behavior or behaviors leading to arrests and convictions, including but not limited to patterns of criminal activity or behavior

Weighing Test Changes in circumstances subsequent to the criminal activity including but not limited to: History of high school, college, or other education related accomplishments.

Weighing Test Work history (employee or volunteer)

Weighing Test History regarding licensure, certification, or training for licensure or certification.

Weighing Test Written recommendations from current or past employers

Weighing Test Indication of the subject individual's cooperation, honesty, or the making of a false statement during the criminal records check process

Weighing Test Acknowledgment and acceptance of responsibility for criminal activity

Weighing Test When the subject individual is seeking to provide care for a specific child or young adult, whether or not denial of the subject individual would create emotional harm to the child or young adult, and whether placement of the child or young adult with the subject individual would be a safe placement that is in the best interest of the child or young adult

Subject line: #secure# CW1011F Child Welfare Resources http://www.dhs.state.or.us/policy/childwelfare/manual_1/i-g14tools.htm http://www.dhs.state.or.us/policy/childwelfare/manual_1/division_120.pdf http://www.Oregon.gov/DHS/BUSINESS-SERVICES/CHC/Pages/index.aspx Alicia Livingstone, 503-945-6068 Vera James, 503-945-6685 bcu.cw.1011Fs@state.or.us Subject line: #secure# CW1011F Child Welfare