75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
House Bill 2207
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Employment Department)
CHAPTER ................
AN ACT
Relating to Central Background Registry; creating new provisions;
and amending ORS 419B.035, 657A.030 and 657A.275.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 657A.030 is amended to read:
657A.030. (1) The Child Care Division of the Employment
Department shall establish a { - Criminal History - } { +
Central Background + } Registry.
(2) All subject individuals shall be enrolled in the
{ - Criminal History - } { + Central Background + } Registry
established by the division.
(3) Upon receiving an application for enrollment in the
{ - Criminal History - } { + Central Background + } Registry,
the division shall complete a criminal records check under ORS
181.534 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; 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 - }
{ + 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
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 - } { + Central Background + } Registry.
Enrolled House Bill 2207 (HB 2207-A) Page 1
(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 - }
{ + 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 to 329.200;
(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 to 343.534; { - or - }
(f) A child care provider who is required to be enrolled in the
{ - Criminal History - } { + Central Background + } Registry
by any state agency { - . - } { + ; or
(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.
(9) 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 subsection shall be deposited in the Child
Care Fund established under ORS 657A.010. + }
SECTION 2. ORS 657A.275 is amended to read:
657A.275. (1) Subject to prior approval of the Oregon
Department of Administrative Services and a report to the
Legislative Assembly prior to adopting the fees and charges, the
fees and charges established under ORS 181.534, 657A.030 and
657A.250 to 657A.450 may not exceed the cost of administering the
program of the Child Care Division of the Employment Department
pertaining to the purpose for which the fee is established, as
authorized by the Legislative Assembly within the budget of the
division.
(2) Notwithstanding subsection (1) of this section and any
other provision of this chapter, the following fees established
by the division under ORS 657A.030 and 657A.250 to 657A.450 may
not exceed:
(a) For Certified Family Child Care Home Initial Certification,
$25;
(b) For Certified Family Child Care Home Annual Fee Per
Certified Space, $2;
(c) For Child Care Center Initial Certification, $100;
(d) For Child Care Center Annual Fee Per Certified Space, $2;
(e) For Registered Family Child Care Home Registration, $30;
Enrolled House Bill 2207 (HB 2207-A) Page 2
(f) For administering a class on child care abuse and neglect
issues, $10; and
(g) For enrollment in the { - Criminal History - }
{ + Central Background + } Registry, the cost of administering
the program, including fees for:
(A) Duplicate enrollment in the { - Criminal History - }
{ + Central Background + } Registry;
(B) Law Enforcement Data System criminal records check; and
(C) Federal Bureau of Investigation fingerprint check.
SECTION 3. ORS 419B.035 is amended to read:
419B.035. (1) Notwithstanding the provisions of ORS 192.001 to
192.170, 192.210 to 192.505 and 192.610 to 192.990 relating to
confidentiality and accessibility for public inspection of public
records and public documents, reports and records compiled under
the provisions of ORS 419B.010 to 419B.050 are confidential and
may not be disclosed except as provided in this section. The
Department of Human Services shall make the records available to:
(a) Any law enforcement agency or a child abuse registry in any
other state for the purpose of subsequent investigation of child
abuse;
(b) Any physician, at the request of the physician, regarding
any child brought to the physician or coming before the physician
for examination, care or treatment;
(c) Attorneys of record for the child or child's parent or
guardian in any juvenile court proceeding;
(d) Citizen review boards established by the Judicial
Department for the purpose of periodically reviewing the status
of children, youths and youth offenders under the jurisdiction of
the juvenile court under ORS 419B.100 and 419C.005. Citizen
review boards may make such records available to participants in
case reviews;
(e) A court appointed special advocate in any juvenile court
proceeding in which it is alleged that a child has been subjected
to child abuse or neglect;
(f) The Child Care Division for certifying, registering or
otherwise regulating child care facilities;
(g) The Office of Children's Advocate; { - and - }
(h) Any person, upon request to the Department of Human
Services, if the reports or records requested regard an incident
in which a child, as the result of abuse, died or suffered
serious physical injury as defined in ORS 161.015. Reports or
records disclosed under this paragraph must be disclosed in
accordance with ORS 192.410 to 192.505 { - . - } { + ; and
(i) The Child Care Division of the Employment Department for
purposes of ORS 657A.030 (8)(g). + }
(2)(a) When disclosing reports and records pursuant to
subsection (1)(h) of this section, the Department of Human
Services may exempt from disclosure the names, addresses and
other identifying information about other children, witnesses,
victims or other persons named in the report or record if the
department determines, in written findings, that the safety or
well-being of a person named in the report or record may be
jeopardized by disclosure of the names, addresses or other
identifying information, and if that concern outweighs the
public's interest in the disclosure of that information.
(b) If the Department of Human Services does not have a report
or record of abuse regarding a child who, as the result of abuse,
died or suffered serious physical injury as defined in ORS
161.015, the department may disclose that information.
Enrolled House Bill 2207 (HB 2207-A) Page 3
(3) The Department of Human Services may make reports and
records compiled under the provisions of ORS 419B.010 to 419B.050
available to any person, administrative hearings officer, court,
agency, organization or other entity when the department
determines that such disclosure is necessary to administer its
child welfare services and is in the best interests of the
affected child, or that such disclosure is necessary to
investigate, prevent or treat child abuse and neglect, to protect
children from abuse and neglect or for research when the Director
of Human Services gives prior written approval. The Department of
Human Services shall adopt rules setting forth the procedures by
which it will make the disclosures authorized under this
subsection or subsection (1) or (2) of this section. The name,
address and other identifying information about the person who
made the report may not be disclosed pursuant to this subsection
and subsection (1) of this section.
(4) A law enforcement agency may make reports and records
compiled under the provisions of ORS 419B.010 to 419B.050
available to other law enforcement agencies, district attorneys,
city attorneys with criminal prosecutorial functions and the
Attorney General when the law enforcement agency determines that
disclosure is necessary for the investigation or enforcement of
laws relating to child abuse and neglect.
(5) A law enforcement agency, upon completing an investigation
and closing the file in a specific case relating to child abuse
or neglect, shall make reports and records in the case available
upon request to any law enforcement agency or community
corrections agency in this state, to the Department of
Corrections or to the State Board of Parole and Post-Prison
Supervision for the purpose of managing and supervising offenders
in custody or on probation, parole, post-prison supervision or
other form of conditional or supervised release. A law
enforcement agency may make reports and records compiled under
the provisions of ORS 419B.010 to 419B.050 available to law
enforcement, community corrections, corrections or parole
agencies in an open case when the law enforcement agency
determines that the disclosure will not interfere with an ongoing
investigation in the case. The name, address and other
identifying information about the person who made the report may
not be disclosed under this subsection or subsection (6)(b) of
this section.
(6)(a) Any record made available to a law enforcement agency or
community corrections agency in this state, to the Department of
Corrections or the State Board of Parole and Post-Prison
Supervision or to a physician in this state, as authorized by
subsections (1) to (5) of this section, shall be kept
confidential by the agency, department, board or physician. Any
record or report disclosed by the Department of Human Services to
other persons or entities pursuant to subsections (1) and (3) of
this section shall be kept confidential.
(b) Notwithstanding paragraph (a) of this subsection:
(A) A law enforcement agency, a community corrections agency,
the Department of Corrections and the State Board of Parole and
Post-Prison Supervision may disclose records made available to
them under subsection (5) of this section to each other, to law
enforcement, community corrections, corrections and parole
agencies of other states and to authorized treatment providers
for the purpose of managing and supervising offenders in custody
or on probation, parole, post-prison supervision or other form of
conditional or supervised release.
Enrolled House Bill 2207 (HB 2207-A) Page 4
(B) A person may disclose records made available to the person
under subsection (1)(h) of this section if the records are
disclosed for the purpose of advancing the public interest.
(7) An officer or employee of the Department of Human Services
or of a law enforcement agency or any person or entity to whom
disclosure is made pursuant to subsections (1) to (6) of this
section may not release any information not authorized by
subsections (1) to (6) of this section.
(8) As used in this section, 'law enforcement agency' has the
meaning given that term in ORS 181.010.
(9) A person who violates subsection (6)(a) or (7) of this
section commits a Class A violation.
SECTION 4. ORS 419B.035, as amended by section 3 of this 2009
Act, is amended to read:
419B.035. (1) Notwithstanding the provisions of ORS 192.001 to
192.170, 192.210 to 192.505 and 192.610 to 192.990 relating to
confidentiality and accessibility for public inspection of public
records and public documents, reports and records compiled under
the provisions of ORS 419B.010 to 419B.050 are confidential and
may not be disclosed except as provided in this section. The
Department of Human Services shall make the records available to:
(a) Any law enforcement agency or a child abuse registry in any
other state for the purpose of subsequent investigation of child
abuse;
(b) Any physician, at the request of the physician, regarding
any child brought to the physician or coming before the physician
for examination, care or treatment;
(c) Attorneys of record for the child or child's parent or
guardian in any juvenile court proceeding;
(d) Citizen review boards established by the Judicial
Department for the purpose of periodically reviewing the status
of children, youths and youth offenders under the jurisdiction of
the juvenile court under ORS 419B.100 and 419C.005. Citizen
review boards may make such records available to participants in
case reviews;
(e) A court appointed special advocate in any juvenile court
proceeding in which it is alleged that a child has been subjected
to child abuse or neglect;
(f) The Child Care Division for certifying, registering or
otherwise regulating child care facilities;
(g) The Office of Children's Advocate; { + and + }
(h) Any person, upon request to the Department of Human
Services, if the reports or records requested regard an incident
in which a child, as the result of abuse, died or suffered
serious physical injury as defined in ORS 161.015. Reports or
records disclosed under this paragraph must be disclosed in
accordance with ORS 192.410 to 192.505 { + . + } { - ; and - }
{ - (i) The Child Care Division of the Employment Department
for purposes of ORS 657A.030 (8)(g). - }
(2)(a) When disclosing reports and records pursuant to
subsection (1)(h) of this section, the Department of Human
Services may exempt from disclosure the names, addresses and
other identifying information about other children, witnesses,
victims or other persons named in the report or record if the
department determines, in written findings, that the safety or
well-being of a person named in the report or record may be
jeopardized by disclosure of the names, addresses or other
identifying information, and if that concern outweighs the
public's interest in the disclosure of that information.
Enrolled House Bill 2207 (HB 2207-A) Page 5
(b) If the Department of Human Services does not have a report
or record of abuse regarding a child who, as the result of abuse,
died or suffered serious physical injury as defined in ORS
161.015, the department may disclose that information.
(3) The Department of Human Services may make reports and
records compiled under the provisions of ORS 419B.010 to 419B.050
available to any person, administrative hearings officer, court,
agency, organization or other entity when the department
determines that such disclosure is necessary to administer its
child welfare services and is in the best interests of the
affected child, or that such disclosure is necessary to
investigate, prevent or treat child abuse and neglect, to protect
children from abuse and neglect or for research when the Director
of Human Services gives prior written approval. The Department of
Human Services shall adopt rules setting forth the procedures by
which it will make the disclosures authorized under this
subsection or subsection (1) or (2) of this section. The name,
address and other identifying information about the person who
made the report may not be disclosed pursuant to this subsection
and subsection (1) of this section.
(4) A law enforcement agency may make reports and records
compiled under the provisions of ORS 419B.010 to 419B.050
available to other law enforcement agencies, district attorneys,
city attorneys with criminal prosecutorial functions and the
Attorney General when the law enforcement agency determines that
disclosure is necessary for the investigation or enforcement of
laws relating to child abuse and neglect.
(5) A law enforcement agency, upon completing an investigation
and closing the file in a specific case relating to child abuse
or neglect, shall make reports and records in the case available
upon request to any law enforcement agency or community
corrections agency in this state, to the Department of
Corrections or to the State Board of Parole and Post-Prison
Supervision for the purpose of managing and supervising offenders
in custody or on probation, parole, post-prison supervision or
other form of conditional or supervised release. A law
enforcement agency may make reports and records compiled under
the provisions of ORS 419B.010 to 419B.050 available to law
enforcement, community corrections, corrections or parole
agencies in an open case when the law enforcement agency
determines that the disclosure will not interfere with an ongoing
investigation in the case. The name, address and other
identifying information about the person who made the report may
not be disclosed under this subsection or subsection (6)(b) of
this section.
(6)(a) Any record made available to a law enforcement agency or
community corrections agency in this state, to the Department of
Corrections or the State Board of Parole and Post-Prison
Supervision or to a physician in this state, as authorized by
subsections (1) to (5) of this section, shall be kept
confidential by the agency, department, board or physician. Any
record or report disclosed by the Department of Human Services to
other persons or entities pursuant to subsections (1) and (3) of
this section shall be kept confidential.
(b) Notwithstanding paragraph (a) of this subsection:
(A) A law enforcement agency, a community corrections agency,
the Department of Corrections and the State Board of Parole and
Post-Prison Supervision may disclose records made available to
them under subsection (5) of this section to each other, to law
enforcement, community corrections, corrections and parole
Enrolled House Bill 2207 (HB 2207-A) Page 6
agencies of other states and to authorized treatment providers
for the purpose of managing and supervising offenders in custody
or on probation, parole, post-prison supervision or other form of
conditional or supervised release.
(B) A person may disclose records made available to the person
under subsection (1)(h) of this section if the records are
disclosed for the purpose of advancing the public interest.
(7) An officer or employee of the Department of Human Services
or of a law enforcement agency or any person or entity to whom
disclosure is made pursuant to subsections (1) to (6) of this
section may not release any information not authorized by
subsections (1) to (6) of this section.
(8) As used in this section, 'law enforcement agency' has the
meaning given that term in ORS 181.010.
(9) A person who violates subsection (6)(a) or (7) of this
section commits a Class A violation.
SECTION 5. ORS 657A.030, as amended by section 1 of this 2009
Act, is amended to read:
657A.030. (1) The Child Care Division of the Employment
Department shall establish a Central Background Registry.
(2) All subject individuals shall be enrolled in the Central
Background Registry established by the division.
(3) Upon receiving an application for enrollment in the Central
Background Registry, the division shall complete a criminal
records check under ORS 181.534 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; 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 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:
Enrolled House Bill 2207 (HB 2207-A) Page 7
(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 to 329.200;
(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 to 343.534; { + or + }
(f) A child care provider who is required to be enrolled in the
Central Background Registry by any state agency { + . + } { - ;
or - }
{ - (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. - }
{ - (9) 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 subsection shall be deposited in the
Child Care Fund established under ORS 657A.010. - }
SECTION 6. { + The amendments to ORS 419B.035 and 657A.030 by
sections 4 and 5 of this 2009 Act become operative on January 1,
2014. + }
----------
Passed by House May 7, 2009
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 20, 2009
...........................................................
President of Senate
Enrolled House Bill 2207 (HB 2207-A) Page 8
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled House Bill 2207 (HB 2207-A) Page 9