2011 ORS § 657A.030¹
Central Background Registry
  • rules

(1) The Child Care Division of the Employment Department shall establish a Central Background Registry.

(2) A subject individual shall apply to and must be enrolled in the Central Background Registry as part of the individuals application to operate a program or serve in a position described in subsection (8) of this section.

(3) Upon receiving an application for enrollment in the Central Background Registry, the division shall complete a criminal records check under ORS 181.534 (Criminal records check) and shall complete a child protective services records check with the Department of Human Services. The division shall enroll the individual in the registry if the individual:

(a) Is determined to have no criminal or child protective services history or to have dealt with the issues and provided adequate evidence of suitability for the registry;

(b) Has paid the applicable fee established pursuant to ORS 657A.275 (Rules); and

(c) Has complied with the rules of the division adopted pursuant to this section.

(4) The division may conditionally enroll an individual in the registry pending the results of a nationwide criminal records check through the Federal Bureau of Investigation if the individual has met other requirements of the division for enrollment in the registry.

(5) An enrollment in the Central Background Registry shall expire two years from the date of enrollment and may be renewed upon application to the division, payment of the fee established pursuant to ORS 657A.275 (Rules) and compliance with rules adopted by the division pursuant to this section. However, an individual who is determined to be ineligible for enrollment in the registry after the date of initial enrollment shall be removed from the registry by the division.

(6)(a) A child care facility shall not hire or employ an individual if the individual is not enrolled in the Central Background Registry.

(b) Notwithstanding paragraph (a) of this subsection, a child care facility may employ on a probationary basis an individual who is conditionally enrolled in the Central Background Registry.

(7) The division may adopt any rules necessary to carry out the purposes of this section and the criminal records check program.

(8) For purposes of this section, subject individual means a subject individual as defined by the division by rule or a person who applies to be:

(a) The operator or an employee of a child care or treatment program;

(b) The operator or an employee of an Oregon prekindergarten program under ORS 329.170 (Definitions for ORS 329.170 to 329.200) to 329.200 (Report on Oregon prekindergarten program by superintendent);

(c) The operator or an employee of a federal Head Start program regulated by the United States Department of Health and Human Services;

(d) An individual in a child care facility who may have unsupervised contact with children as identified by the division;

(e) A contractor or an employee of the contractor who provides early childhood special education or early intervention services pursuant to ORS 343.455 (Prekindergartens to provide early childhood special education) to 343.534 (Allocation of state funds to approved providers);

(f) A child care provider who is required to be enrolled in the Central Background Registry by any state agency;

(g) A contractor, employee or volunteer of a metropolitan service district organized under ORS chapter 268 who may have unsupervised contact with children and who is required to be enrolled in the Central Background Registry by the metropolitan service district; or

(h) A provider of respite services, as defined in ORS 418.205 (Definitions for ORS 418.205 to 418.310 and 418.992 to 418.998), for parents pursuant to a properly executed power of attorney under ORS 109.056 (Delegation of certain powers by parent or guardian) who is providing respite services as a volunteer with a private agency or organization that facilitates the provision of such respite services.

(9)(a) Information provided to a metropolitan service district organized under ORS chapter 268 about the enrollment status of the persons described in subsection (8)(g) of this section shall be subject to a reciprocal agreement with the metropolitan service district. The agreement must provide for the recovery of administrative, including direct and indirect, costs incurred by the division from participation in the agreement. Any moneys collected under this paragraph shall be deposited in the Child Care Fund established under ORS 657A.010 (Child Care Division).

(b) Information provided to a private agency or organization facilitating the provision of respite services, as defined in ORS 418.205 (Definitions for ORS 418.205 to 418.310 and 418.992 to 418.998), for parents pursuant to a properly executed power of attorney under ORS 109.056 (Delegation of certain powers by parent or guardian) about the enrollment status of the persons described in subsection (8)(h) of this section shall be subject to an agreement with the private agency or organization. The agreement must provide for the recovery of administrative, including direct and indirect, costs incurred by the division from participation in the agreement. Any moneys collected under this paragraph shall be deposited in the Child Care Fund established under ORS 657A.010 (Child Care Division). [1997 c.431 §2; 1997 c.753 §18; 2001 c.831 §29; 2005 c.730 §29; 2009 c.348 §1; 2010 c.60 §6]

Note: The amendments to 657A.030 (Central Background Registry) by section 5, chapter 348, Oregon Laws 2009, become operative January 1, 2014. See section 6, chapter 348, Oregon Laws 2009. The text that is operative on and after January 1, 2014, including amendments by section 7, chapter 60, Oregon Laws 2010, is set forth for the users convenience.

657A.030 (Central Background Registry). (1) The Child Care Division of the Employment Department shall establish a Central Background Registry.

(2) A subject individual shall apply to and must be enrolled in the Central Background Registry as part of the individuals application to operate a program or serve in a position described in subsection (8) of this section.

(3) Upon receiving an application for enrollment in the Central Background Registry, the division shall complete a criminal records check under ORS 181.534 (Criminal records check) and shall complete a child protective services records check with the Department of Human Services. The division shall enroll the individual in the registry if the individual:

(a) Is determined to have no criminal or child protective services history or to have dealt with the issues and provided adequate evidence of suitability for the registry;

(b) Has paid the applicable fee established pursuant to ORS 657A.275 (Rules); and

(c) Has complied with the rules of the division adopted pursuant to this section.

(4) The division may conditionally enroll an individual in the registry pending the results of a nationwide criminal records check through the Federal Bureau of Investigation if the individual has met other requirements of the division for enrollment in the registry.

(5) An enrollment in the Central Background Registry shall expire two years from the date of enrollment and may be renewed upon application to the division, payment of the fee established pursuant to ORS 657A.275 (Rules) and compliance with rules adopted by the division pursuant to this section. However, an individual who is determined to be ineligible for enrollment in the registry after the date of initial enrollment shall be removed from the registry by the division.

(6)(a) A child care facility shall not hire or employ an individual if the individual is not enrolled in the Central Background Registry.

(b) Notwithstanding paragraph (a) of this subsection, a child care facility may employ on a probationary basis an individual who is conditionally enrolled in the Central Background Registry.

(7) The division may adopt any rules necessary to carry out the purposes of this section and the criminal records check program.

(8) For purposes of this section, subject individual means a subject individual as defined by the division by rule or a person who applies to be:

(a) The operator or an employee of a child care or treatment program;

(b) The operator or an employee of an Oregon prekindergarten program under ORS 329.170 (Definitions for ORS 329.170 to 329.200) to 329.200 (Report on Oregon prekindergarten program by superintendent);

(c) The operator or an employee of a federal Head Start program regulated by the United States Department of Health and Human Services;

(d) An individual in a child care facility who may have unsupervised contact with children as identified by the division;

(e) A contractor or an employee of the contractor who provides early childhood special education or early intervention services pursuant to ORS 343.455 (Prekindergartens to provide early childhood special education) to 343.534 (Allocation of state funds to approved providers);

(f) A child care provider who is required to be enrolled in the Central Background Registry by any state agency; or

(g) A provider of respite services, as defined in ORS 418.205 (Definitions for ORS 418.205 to 418.310 and 418.992 to 418.998), for parents pursuant to a properly executed power of attorney under ORS 109.056 (Delegation of certain powers by parent or guardian) who is providing respite services as a volunteer with a private agency or organization that facilitates the provision of such respite services.

(9) Information provided to a private agency or organization facilitating the provision of respite services, as defined in ORS 418.205 (Definitions for ORS 418.205 to 418.310 and 418.992 to 418.998), for parents pursuant to a properly executed power of attorney under ORS 109.056 (Delegation of certain powers by parent or guardian) about the enrollment status of the persons described in subsection (8)(g) of this section shall be subject to an agreement with the private agency or organization. The agreement must provide for the recovery of administrative, including direct and indirect, costs incurred by the division from participation in the agreement. Any moneys collected under this subsection shall be deposited in the Child Care Fund established under ORS 657A.010 (Child Care Division).