2013 ORS § 181.557¹
Procedure when information requested by designated agency
  • exception for investigation of child abuse or neglect

(1) When a designated agency requests criminal offender information about an individual from the Department of State Police under ORS 181.555 (Establishment of procedures for access to criminal record information) (1) for agency employment, licensing or other permissible purposes, the agency shall provide documentation that the individual:

(a) Gave prior written consent for the agency to make a criminal offender record check through the department; or

(b) Has received written notice from the agency that a criminal offender record check may be made through the department. Notice shall be provided prior to the time the request is made and shall include:

(A) A statement that the individual may challenge the accuracy of criminal offender information and notice of the manner in which the individual may be informed of the procedures adopted under ORS 181.555 (Establishment of procedures for access to criminal record information) (3) for challenging inaccurate criminal offender information; and

(B) A statement that Title VII of the Civil Rights Act of 1964 may apply to some individuals affected by this subsection, notice of the manner in which the individual may become informed of rights, if any, under Title VII of the Civil Rights Act of 1964, and notice that discrimination by an employer on the basis of arrest records alone may violate federal civil rights law and that the individual may obtain further information by contacting the Bureau of Labor and Industries.

(2)(a) Notwithstanding subsection (1) of this section, the Department of Human Services may obtain criminal offender information from the Department of State Police about an individual without first obtaining the individuals written consent or giving written notice to the individual when:

(A) The criminal offender record check is requested for the purpose of investigating a report of child abuse or neglect; and

(B) The individual is either an alleged perpetrator of the reported child abuse or neglect or is an individual who resides in or frequents the alleged victims residence.

(b) If criminal offender information is obtained under this subsection without the individuals written consent or written notice to the individual, the Department of Human Services shall provide written notice to the individual as provided in subsection (3) of this section after the department obtains the criminal offender information.

(3)(a) Notwithstanding subsection (1) of this section, written notice as described in paragraph (b) of this subsection must be provided to an individual:

(A) In the circumstances described in subsection (2) of this section, whether the notice is provided before or after the criminal offender information about the individual is obtained.

(B) Before the criminal offender information about the individual is obtained, if the information is obtained after an investigation described in subsection (2) of this section is concluded.

(b) The written notice required under this subsection that a criminal offender record check will be or has been made must include a statement that the individual may challenge the accuracy of criminal offender information and notice of the manner in which the individual may be informed of the procedures adopted under ORS 181.555 (Establishment of procedures for access to criminal record information) (3) for challenging inaccurate criminal offender information. [1989 c.364 §2; 2007 c.543 §1; 2013 c.322 §1]