Disqualification of individuals found to have committed abuse
- • rules
(1) As used in this section:
(a) “Abuse” has the meaning given that term in ORS 430.735 (Definitions for ORS 430.735 to 430.765).
(b) “Facility” means:
(A) A residential training facility as defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455); or
(B) A residential training home as defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455).
(c) “Subject individual” has the meaning given that term in ORS 181A.195 (Criminal records check).
(2) The Department of Human Services shall adopt rules to specify the types of abuse that disqualify a subject individual from working at a facility and the subject individuals associated with a facility to whom the disqualification may apply.
(3) Notwithstanding any other provision of law, if the department substantiates allegations of abuse specified under subsection (2) of this section, the subject individual found to have committed the abuse may not be hired or retained as an employee at a facility in a position that is funded in whole or in part by public funds.
(4) A subject individual found to have committed a type of abuse specified by the department under subsection (2) of this section is not entitled to a fitness determination under ORS 181A.195 (Criminal records check). [2017 c.378 §1]
Note: 443.007 (Disqualification of individuals found to have committed abuse) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 443 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
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