1. (1) Child Welfare may conduct criminal records checks on a subject individual using the LEDS system available and use LEDS information pertaining to a subject individual for the purpose of making decisions about safety specifically related to Child Protective Services when:

   1. (a) An allegation of abuse is being assessed; or
   2. (b) A Child Welfare case is open.

2. (2) When conducting criminal records checks for a Child Protective Services purpose under this rule, a subject individual is defined as a person:

   1. (a) Alleged to be the perpetrator of abuse when the allegation is being assessed by Child Protective Services;
   2. (b) Residing in or frequenting a household where the alleged victim of abuse resides on a full- or part-time basis;
   3. (c) Being assessed as a safety service provider; or
   4. (d) In the household to which a child is being returned.

3. (3) Time lines for providing LEDS notice to a subject individual when a criminal records check is conducted for a Child Protective Services purpose:

   1. (a) Prior to the conclusion of a CPS assessment: LEDS notice as defined at OAR 413-015-0115 must be provided to:

      1. (A) The subject individual defined in subsection (2)(a), (b), or (d) of this rule no later than seven business days after the date the check was conducted.
      2. (B) The subject individual defined in subsection (2)(c) of this rule before the check is conducted.
   2. (b) After the conclusion of a CPS assessment and while a Child Welfare case is still open: LEDS notice must be provided to the subject individual before the check is conducted.

Statutory/Other Authority

ORS 181.537, ORS 409.050 & ORS 418.005

Statutes/Other Implemented

ORS 418.005, ORS 181.537, ORS 181.557, ORS 409.010 & ORS 419B.020

History

CWP 10-2022, amend filed 06/23/2022, effective 07/01/2022
CWP 94-2018, minor correction filed 07/09/2018, effective 07/09/2018
CWP 51-2018, amend filed 06/29/2018, effective 06/29/2018
CWP 24-2017, temporary amend filed 12/29/2017, effective 01/01/2018 through 06/29/2018
CWP 21-2010, f. & cert. ef. 11-15-10
CWP 5-2010(Temp), f. & cert. ef. 6-15-10 thru 12-12-10
CWP 27-2008, f. & cert. ef. 10-3-08
CWP 3-2007, f. & cert. ef. 3-20-07
CWP 8-2005, f. & cert. ef. 7-28-05
CWP 1-2005(Temp), f. & cert. ef. 1-28-05 thru 7-27-05