The following questions have been raised by our Provider contacts. If you have additional questions you would like to have answered or comments about the ones you see here, forward them to bcu.info@state.or.us or call our toll-free number: 1-888-272-5545.
1. What is a qualified entity (QE)?
A community mental health or developmental disability program, local health department, or an individual, business or organization, whether public, private, for-profit, nonprofit, or voluntary, that provides care, including a business or organization that licenses, certifies, or registers others to provide care.
2. What is the difference between an authorized designee (AD) and a contact person (CP)?Press enter to show.
An AD is allowed to:
- Review LEDS and OJIN reports.
- Make the final fitness determination.
- Approve a subject individual to be hired on a preliminary basis if potentially disqualifying crimes or conditions are disclosed.
A CP is:
- Not allowed to review LEDS and OJIN reports.
- Not allowed to make the final fitness determination.
- Allowed to approve a subject individual to be hired on a preliminary basis only if there is no potentially disqualifying history disclosed.
- May only use the DHS 301CP. If there is an AD onsite, either form may be used.
3. What forms do I submit for initial certification as an AD or CP?Press enter to show. As an AD:
- Authorized Designee and Contact Person Application ( DHS 298)
- Criminal Justice Information Systems Security Clearance Background Request (CJIS form)
- 2 fingerprint cards
As a CP:
- Authorized Designee and Contact Person Application (DHS 298)
- 1 fingerprint card
4. What forms do I submit for recertification as an AD or CP?
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As an AD:
- Authorized Designee and Contact Person Application (DHS 298)
- Criminal Justice Information Systems Security Clearance (CJIS form)
- 1 fingerprint card>
As a CP:
- Authorized Designee and Contact Person Application (DHS 298)
5. Where do I submit the AD/CP forms?
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To the Training Coordinator, Department of Human Services BCU, PO Box 14870, Salem OR 97309-5066
6. Does the CJIS form require home address or work address?
Work address.
7. As an AD what form do I submit for a background check on a subject individual?
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Submit the Background Check Request (DHS 301AD):
- Complete sections 1 and 2.
- If there is no history disclosed you, or an AD within your organization, determine whether the SI is hired on a preliminary basis. Then complete, sign and date box 11.
- If there is potentially disqualifying history disclosed, only you can make the determination of whether the SI is hired on a preliminary basis. Then complete, sign and date box 12.
- Section 3 is completed by you or by BCU, depending on who runs the criminal record.
- Section 4 is completed by you or by BCU, depending on who makes the final fitness determination.
- Section 5 is always completed by the SI.
Note: The 301AD/CP Instructions provide additional information and can be accessed on the Forms page.
8. As a CP what form do I submit for a background check on a subject individual?
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Submit the Background Check Request (DHS 301CP):
- Complete sections 1 and 2.
- If there is no history disclosed, you decide whether the SI is hired on a preliminary basis. Then complete, sign and date box 11.
- If there is potentially disqualifying history disclosed, you are not allowed to determine whether to hire on a preliminary basis. Complete, sign and date box 12.
- Section 3 and 4 are completed by BCU.
- Section 5 is always completed by the SI.
Note: The 301AD/CP Instructions provide additional information and can be accessed on the Forms page.
9. What does "hired on a preliminary basis" mean?
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"Hired on a preliminary basis" means a condition in which a qualified entity allows a subject individual to work, volunteer, be trained, or reside in an environment following the submission of a completed Background Check Request form. Hired on a preliminary basis may also be called probationary status.
Since the system is an online process, it will be different than the look of the current forms, but the information provided will be the same.
10. What boxes on the Background Check Request (DHS 301AD or CP) are required to be completed?
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All boxes should be completed. If the SI does not disclose all criminal history, the DHS 301 will be closed and the AD/CP will be required to remove the person from the position.
11. What information is required in box 4 (subject individual job title) on the 301AD or CP?
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Actual job title for the employee, volunteer, etc. (not generic, for example "new hire" or "care provider").
Also include a brief description of job duties, such as direct care with clients, administration of medications, activities of daily living, etc. Because space is limited on the form, it would be helpful to attach a copy of the position description.
Include worksite location if different from QE address or if there are various sites. You may list the specific sites or just the term "various sites."
In CRIMS, providers will be able to submit most of their basic qualified entity information over the Web, including their appointing authority and designation of ADs and CPs. Some attachments may need to be mailed or faxed to a secure, central location for scanning and entry into CRIMS.
12. In box 23 (time outside of Oregon) is a "yes" required if the subject individual was just traveling for more than 60 days?
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Yes. If this issue comes up and you or the SI has questions, please contact BCU for more technical assistance.
In CRIMS, providers will be able to submit most of their basic qualified entity information over the Web, including their appointing authority and designation of ADs and CPs. Some attachments may need to be mailed or faxed to a secure, central location for scanning and entry into CRIMS.
13. Should all criminal history be listed on the DHS 301AD or CP?
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Yes. If the SI does not disclose all criminal history, the DHS 301 will be closed and the AD/CP will be required to remove the person from the position.
In CRIMS, providers will be able to submit most of their basic qualified entity information over the Web, including their appointing authority and designation of ADs and CPs. Some attachments may need to be mailed or faxed to a secure, central location for scanning and entry into CRIMS.
14. Should juvenile crimes be listed on the DHS 301AD or CP?
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Yes. If you or the SI has questions, contact BCU for more technical assistance.
In CRIMS, providers will be able to submit most of their basic qualified entity information over the Web, including their appointing authority and designation of ADs and CPs. Some attachments may need to be mailed or faxed to a secure, central location for scanning and entry into CRIMS.
15. Where can I download the criminal records check forms?
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You can download the forms on the Forms page.
In CRIMS, providers will be able to submit most of their basic qualified entity information over the Web, including their appointing authority and designation of ADs and CPs. Some attachments may need to be mailed or faxed to a secure, central location for scanning and entry into CRIMS.
16. What is the Adam Walsh Act?
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The Adam Walsh Child Protection Safety Act of 2006 is a federal act requiring national criminal background checks and child protective service checks on prospective adoptive and foster care parents. This act only applies to the department's child foster care programs and private licensed agencies working through the department.
In CRIMS, providers will be able to submit most of their basic qualified entity information over the Web, including their appointing authority and designation of ADs and CPs. Some attachments may need to be mailed or faxed to a secure, central location for scanning and entry into CRIMS.
17. What is a potentially disqualifying crime?
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The conviction of any crime listed in OAR 407-007-0280 within its disqualifying time period.
In CRIMS, providers will be able to submit most of their basic qualified entity information over the Web, including their appointing authority and designation of ADs and CPs. Some attachments may need to be mailed or faxed to a secure, central location for scanning and entry into CRIMS.
18. When is the provider crime list used?
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Whenever the SI discloses a crime on the DHS 301AD or CP or when a LEDS report indicates a crime in the SI's history.
In CRIMS, providers will be able to submit most of their basic qualified entity information over the Web, including their appointing authority and designation of ADs and CPs. Some attachments may need to be mailed or faxed to a secure, central location for scanning and entry into CRIMS.
19. Where can I download the provider crime list?
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Go to Training and other tools, click the link that says provider crime list. This list contains the same information as OAR 407-007-0280, provides the legal description of each crime and lists the time frame for which each crime is potentially disqualifying.
20. What is a weighing test?
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A process carried out by one or more ADs in which a number of factors are considered in assessing a SI's history in order to arrive at a preliminary or final fitness determination. A weighing test must be documented in writing.
21. When is a weighing test required?
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When an SI has potentially disqualifying history, a weighing test must be conducted as a part of the preliminary review as well as for the final fitness determination. BCU provides a worksheet that may be helpful and is available on the Forms page.
22. Do I have to pay a fee for processing fingerprints?
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Currently long-term care facilities and adult foster homes under Seniors and People with Disabilities are required to submit a fee for processing fingerprints.
23. What does "disposition unknown" mean?
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This means that the legal outcome of a potentially disqualifying crime (for example: dismissal, conviction, etc.) is not readily available. Ask the SI to provide written court documentation as to the outcome of the charge in question. The burden is on the SI to provide the information to you.
24. Do I need to send a copy of the Notice of Final Fitness Determination (DHS 300) to BCU?
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No, but if the SI appeals BCU may contact you.
25. When would I use case closed as the outcome on the DHS 301AD or CP?
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If the SI:
- Refuses to be fingerprinted when required by the rule.
- Fails to respond to a request for additional information.
- Leaves the position prior to completion of the background check.
- Does not fully disclose all criminal history. (This type of closure is usually done by BCU after the criminal records check reveals undisclosed history).
Note: To close a case you must use the Notice of Closed Case in Criminal Records Check (DHS 302)
26. What documents does the subject individual receive when the outcome is a denial or restricted approval?
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A copy of their completed Background Check Request (DHS 301AD or CP).
A completed Notice of Final Fitness Determination (DHS 300).
27. If BCU requests that I remove a subject individual from being hired on a preliminary basis, what must I do?
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Ensure that the SI is removed from the position immediately.
28. If BCU requests that I remove a subject individual as a result of a denial, what must I do?
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When an SI is denied, the SI shall not be allowed to work, volunteer, be employed, or otherwise perform in the position listed on the Background Check Request form. A denial applies only to the position and application in question. A denial shall result in immediate termination, dismissal, or removal of the SI.
29. I don't agree with BCU's decision to deny or restrict a subject individual. What can I do?
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As an AD or CP you have a responsibility to uphold the decisions for the Department. You may not advocate for the SI. If the SI wants to appeal the decision, he or she may ask immediate supervisors or others for reference letters.
30. Is the AD involved in the hearings process?
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BCU manages the hearings process but may request information from the AD.
31. What records need to be retained and for how long?
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- All documents pertaining to the criminal records or background check must be kept for 3 years. This includes the DHS 301 and all other background check forms, LEDS reports, OJIN reports, additional information submitted by the SI, court documents, police reports and other relevant information used in the weighing test.
- To show proof of a background check for someone who has been employed longer than three years, the Notice of Final Fitness Determination or page 1 of the DHS 301 may be kept to show the outcome. All other information must be destroyed.
32. What do I need to know about rechecks?
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Rechecks are a program requirement, not a BCU requirement. Contact the program you work with to determine whether or not rechecks are required.
33. Who do I contact regarding AD/CP training or the status of an AD/CP application?
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The BCU Training Coordinator: 503-378-5291
34. Who do I contact for the status of a specific background check?
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The BCU Operations Manager: 503-378-3356
35. What number do I call with any other questions?
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Call BCU toll-free at 1-888-272-5545
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