(1) To protect the health and safety of children who are in the custody of the Department of Human Services and who may be placed in a foster home or adoptive home or with a relative caregiver, the department shall adopt rules pursuant to ORS § 181A.195 and ORS Chapter 418 to require that criminal records checks be conducted under ORS § 181A.195 on:

(a) All persons who seek to be foster parents, adoptive parents or relative caregivers; and

(b) Other individuals over 18 years of age who will be in the household of the foster parent, adoptive parent or relative caregiver.

(2) Rules adopted under subsection (1) of this section shall include:

(a) A requirement that persons who have been convicted of crimes listed in the rules adopted by the Oregon Department of Administrative Services under ORS § 181A.215 are disqualified from becoming a foster parent, adoptive parent or relative caregiver; and

(b) A provision that the Department of Human Services may approve a person who has been convicted of certain crimes listed in the rules if the person demonstrates to the department that:

(A) The person possesses the qualifications to be a foster parent or adoptive parent regardless of having been convicted of a listed crime; or

(B) The disqualification would create emotional harm to the child for whom the person is seeking to become a foster parent, adoptive parent or relative caregiver and placement of the child with the person would be a safe placement that is in the best interests of the child. [2001 c.686 § 26; 2005 c.730 § 23; 2007 c.611 § 1; 2013 c.285 § 5]

418.016 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 418 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.