ORS 329A.252 Provision of care by persons whose record, certification or registration or enrollment in registry is denied, revoked or suspended

As used in this section, “exempt prohibited individual” means:

An individual whose record, certification or registration is suspended, has been denied for cause or has been revoked for cause under ORS 329A.255 or 329A.350.

An individual whose enrollment in the Central Background Registry established by ORS 329A.030 is suspended, has been denied for cause or has been removed for cause under ORS 329A.030.

An individual whose record, certification, registration or enrollment in the Central Background Registry is subject to an emergency order of suspension under ORS 183.430 (2).

An individual who voluntarily surrendered the individual’s record, certification, registration or enrollment in the Central Background Registry while under investigation by the Department of Early Learning and Care or at any time after the department has given notice of an administrative proceeding against the individual, the individual’s child care facility, the individual’s preschool recorded program or the individual’s school-age recorded program.

An individual to whom the department has issued a final order to cease and desist:

After a contested proceeding; or

That has become effective because the individual did not request a hearing.

For five years following the date on which an individual becomes an exempt prohibited individual, the exempt prohibited individual:

Is ineligible for enrollment in the Central Background Registry, except for limited enrollment as provided by rule adopted by the Early Learning Council under ORS 329A.030; and

May not provide care to a child who is not related to the exempt prohibited individual by blood or marriage within the fourth degree as determined by civil law.

After the five-year period described in subsection (2) of this section, an individual ceases to be an exempt prohibited individual if the individual enrolls in the Central Background Registry.

Notwithstanding the five-year period described in subsection (2) of this section, an individual shall be permanently considered an exempt prohibited individual and shall be permanently subject to the prohibitions described in subsection (2) of this section if the individual:

Has been convicted of, in any state, a crime in which a child suffered serious physical injury, as defined in ORS 161.015, or death; or

Is required to report as a sex offender under ORS 163A.010, 163A.015, 163A.020 or 163A.025 or the laws of another jurisdiction.