1. Criminal Records Checks for Prospective Foster and Adoptive Families

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

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

4. 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.

5. 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.

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

7. 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

8. Certification Renewal vs. Reopening
A certification may be reopened under certain circumstances (see OAR ).
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.

9. 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 to
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.

10. 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.

11. 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.

12. 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

13. 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

14. 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.

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

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

17. Weighing Test
The passage of time since the convictions or arrests

18. 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.

19. 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.

20. Weighing Test
Periods of incarceration

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

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

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

24. 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

25. 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.

26. Weighing Test
Work history (employee or volunteer)

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

28. Weighing Test
Written recommendations from current or past employers

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

30. Weighing Test
Acknowledgment and acceptance of responsibility for criminal activity

31. 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

32. Subject line: #secure# CW1011F Child Welfare
Resources
Alicia Livingstone,
Vera James,
Subject line: #secure# CW1011F Child Welfare