ORS 657A.030¹
Criminal History Registry
  • establishment
  • enrollment
  • enrollment required for employment
  • rules

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

(2) All subject individuals shall be enrolled in the Criminal History Registry established by the division.

(3) Upon receiving an application for enrollment in the Criminal History 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 (Fees and charges); 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 Criminal History 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 (Fees and charges) 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 Criminal History 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 Criminal History 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 program by state 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 (Early childhood special education provided by prekindergartens) to 343.534 (Allocation of state funds to approved providers); or

(f) A child care provider who is required to be enrolled in the Criminal History Registry by any state agency. [1997 c.431 §2; 1997 c.753 §18; 2001 c.831 §29; 2005 c.730 §29]

1 Legislative Counsel Committee, CHAPTER 657A—Child Care, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors657A.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information