Criminal Records Checks for Prospective Foster and Adoptive Families
When? Who? Which? When are background checks required? Who must be checked? What type of check is required?
All adults who live in the home and respite providers must be checked All adults in the home must be fingerprinted and undergo an NCIC (FBI) check Initial Certification
Initial Certification Respite providers must be fingerprinted if.. They have lived out of state for 60+ consecutive days in the last 5 yrs. LEDS or another record source reveals criminal history or the individual discloses history DHS determines a fingerprint check is warranted for any other reason
Initial Certification Background Checks are optional for. Babysitters Household Members under 18 Anyone who frequents the house
Certification Renewal The applicants and anyone who meets the definition of other in the household must be 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
Certification Renewal vs. Recertification Recertification occurs when a foster home that was previously closed is certified to begin accepting children again. New background checks are required of all subject individuals If the home was closed less than 6 months, only a LEDS check is required. Fingerprint check is not required unless the individual has lived out of state or new crimes are disclosed or discovered. If home was closed 6 months or more, background checks must be completed in the same manner as when the home was initially certified, including fingerprint-based FBI checks.
Other Occasions that Necessitate a Background Check Someone new moves into the home A respite provider applies to become a certified foster parent
Obtaining Background Check Results Subject Individual (SI) = the person whose background is being checked 1. 1011F is signed by the SI. Identity must be verified. 2. 1011F is sent to the Background Check Unit (BCU) via email to bcw.cw.1011fs@dhsoha.state.or.us 3. If fingerprinting is required, the fingerprinting instructions are provided to the SI. 4. The SI must complete fingerprinting and the 1011F must be sent to BCU within 60 days. 5. The BCU receives the results and forwards them to the person identified on the 1011F. LEDS check (followed by fingerprinting, if required) may be completed in the branch for emergency placement only.
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. 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.
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: o 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.) o Spousal abuse o Sodomy or sexual abuse o A crime in which a child is the victim (including child pornography) o Additional serious crimes as listed in the Criminal History rule
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
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.
The details of the incidents that led to potentially disqualifying convictions or arrests and the facts that support the convictions or arrests
The age of the subject individual at the time of the convictions or arrests
The passage of time since the convictions or arrests
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.
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.
Periods of incarceration Weighing Test
Status of and compliance with parole, post-prison supervision, or probation
Evidence of alcohol or drug issues directly related to criminal activity.
Evidence of treatment or rehabilitation related to criminal activity or potentially disqualifying conditions
Likelihood of repetition of criminal behavior or behaviors leading to arrests and convictions, including but not limited to patterns of criminal activity or behavior
Changes in circumstances subsequent to the criminal activity including but not limited to: History of high school, college, or other education related accomplishments.
Work history (employee or volunteer)
History regarding licensure, certification, or training for licensure or certification.
Written recommendations from current or past employers
Indication of the subject individual's cooperation, honesty, or the making of a false statement during the criminal records check process
Acknowledgment and acceptance of responsibility for criminal activity
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
Resources http://www.dhs.state.or.us/policy/childwelfare/manual_1/i-g14tools.htm http://www.dhs.state.or.us/policy/childwelfare/manual_1/division_120.pdf http://www.oregon.gov/dhs/business-services/chc/pages/index.aspx Vera James, 503-945-6685 bcu.cw.1011fs@state.or.us Subject line: #secure# CW1011F Child Welfare