State child care safety audit finds stronger background checks needed
Also raises concerns about state's sex offender registry
SALEM, Ore. (KTVZ) -- While the vast majority of state-approved child care providers don't have criminal convictions, auditors found agencies have approved some providers with histories of concerning convictions or substantiated child abuse or neglect allegations, according to a Secretary of State audit released Wednesday.
The audit also raises concerns with the state’s sex offender registry, including alarming delays in listing offenders on the public registry website.
The findings are outlined in a report entitled: “Oregon Should Improve Child Safety by Strengthening Child Care Background Checks and the State’s Sex Offender Registry.”
New federal regulations set in 2017 require enhanced background checks of providers and their staff, and expressly disqualify individuals with certain criminal backgrounds, such as being a registered sex offender.
The audit found both agencies charged with conducting background checks – the Oregon Department of Education and the Department of Human Services – had approved providers convicted of the new federal disqualifying crimes.
Both agencies also took prompt action to remove those providers from their programs, which included 70 providers the agencies identified and 20 additional providers auditors found.
The two agencies have differing background check procedures and rules for convictions that automatically disqualify a provider.
When reviewing criminal histories, the agencies consider the length of time that has passed and other mitigating circumstances to try to balance child safety with employment rights of child care providers.
The audit found some approved providers with concerning histories -- including long records of felony and misdemeanor convictions, and providers with findings of child abuse or neglect in their past.
The agencies both face information and data system deficiencies that limit their access to background information, auditors found This includes access to abuse and neglect data, and little information on background checks for providers in preschool and school-age programs.
The audit said agencies also need to more effectively share recent abuse and neglect allegations and other pertinent information.
Lastly, the audit found the state’s complex rules and limitations for the sex offender registry diminishes state background checks and limits parents’ ability to ensure their child care provider is not a sex offender.
Oregon’s registry, which is maintained by the Oregon State Police, includes some inaccurate self-reported information, excludes some sex offenders because of timing gaps in legislation, and the public website faces alarming delays with leveling information to list sex offenders.
“Parents expect child care providers to keep their children safe. We need higher and consistent standards in our background checks for child care providers and prompt improvements to our sex offender registry,” Clarno said. “Our report provides important information and resources parents can use to help ensure the safety of their children.”
Read the full audit on the Secretary of State website.
Statement from the Oregon Department of Human Services:
Salem, OR – Today the Oregon Secretary of State released an audit report of the statewide child care background check practices. The Oregon Department of Human Services (DHS), Background Check Unit (BCU) and the Office of Child Care (OCC) screen the backgrounds of thousands of childcare providers who participate in the Employment-Related Day Care subsidy program.
DHS agrees with and is moving forward on implementing most of the audit’s recommendations.
“DHS thanks the Audits Division for the opportunity to rigorously explore its background check systems, and for the advocacy in improving those systems and cross-agency communication,” said Director Fariborz Pakseresht. “Our background check system is critical to ensuring the safety and well-being of children in care, and there are many opportunities for improvement, as identified in the audit.”
The BCU and OCC screening process includes a thorough fitness determination of potential childcare providers that fully complies with federal and state statutes and is directly supported by Equal Employment Opportunity Commission (EEOC) guidance.
This fitness determination includes a consideration of all factors that could have an impact on child safety, as well as the employment rights of applicants and the value of lived experience. Among the many factors that are considered are evidence of rehabilitation and the passage of time since the crime or area of concern.
Early Learning Division Response to State Audit on Background Check Process
(Salem, Ore.) – The Secretary of State (SOS) released an audit today that identifies some areas where the Early Learning Division (ELD) can work to strengthen safety for children and background check processes for child care providers. The audit was initiated in part because of an awareness by the Governor’s Office and the ELD that some deficiencies needed to be addressed.
The Office of Child Care (OCC) has already made some changes in response to the audit process, including an addition to the list of crimes that permanently disqualify a person from being enrolled in the Central Background Registry (CBR). Those permitted to work in licensed child care must be enrolled in the CBR. There are over 50,000 individuals in the CBR and ELD processes thousands of applications each year. The ELD agreed with all of the SOS recommendations for system improvement - two of which advised statutory change.
“We welcomed this review in identifying areas for system improvements and agency coordination to further ensure children’s safety in care,” said Early Learning System Director Miriam Calderon. “Supporting Oregon families as they make important child care decisions remains a top priority.”
The audit confirmed the vast majority of child care providers regulated by the OCC have no criminal history or concerning background.
In 2018, Oregon added three additional background check requirements for providers that go beyond federal requirements. The OCC started checking the license status of providers who provided care in other states. This check determines if licensees in other states were in good standing. Also in 2018, Oregon added both foster care certification and adult protective service checks to the list of background checks to be conducted by OCC. The checks can also help prevent individuals who may have negative histories in other areas of caregiving from working in child care.
OCC re-checks all CBR entrants every three months for any criminal record, and does a complete re-check of all Oregon background data halfway through their period of enrollment.
Going forward, the ELD is seeking to introduce legislation to conduct all child care-related background checks, rather than having some performed by Oregon’s Department of Human Services. The agency is also seeking legislation to improve and centralize background checks for staff in “recorded programs” – those that provide limited care for preschool and school-aged children but are defined by statute as not constituting “child care.”
