Okla. Stat. tit. 10, § 10-404.1

records search - Foster parent eligibility.

A. On and after November 1, 2013:

1. Prior to the issuance of a permit or license, owners and

responsible entities making a request to establish or operate a

child care facility shall have:

a. an Oklahoma State Courts Network search conducted by

the Department,

Oklahoma Statutes - Title 10. Children Page 75

b. a Restricted Registry search conducted by the

facility,

c. a national criminal history records search conducted

pursuant to paragraph 10 of this subsection,

d. a criminal history records and sex offender registry

search conducted by an authorized source, when the

individual has lived outside this state within the

last five (5) years,

e. a search of the Department of Corrections' files

maintained pursuant to the Sex Offenders Registration

Act and conducted by the Department of Human Services,

f. a search of any available child abuse and neglect

registry within a state the individual has resided in

within the last five (5) years,

g. search of the nontechnical services worker abuse

registry maintained by the State Department of Health

pursuant to Section 1-1950.7 of Title 63 of the

Oklahoma Statutes, and

h. a search of the community services worker registry

maintained by the Department of Human Services

pursuant to Section 1025.3 of Title 56 of the Oklahoma

Statutes;

2. Prior to the employment of an individual:

a. an Oklahoma State Courts Network search, conducted by

the Department, shall be requested and received by the

facility; provided however, if twenty-four (24) hours

has passed from the time the request to the Department

was made, the facility may initiate employment,

notwithstanding the provisions of this paragraph,

b. a Restricted Registry search shall be conducted by the

facility with notification of the search submitted to

the Department,

c. a national criminal history records search pursuant to

paragraph 10 of this subsection shall be submitted,

d. a criminal history records and sex offender registry

search conducted by an authorized source, when the

individual has lived outside this state within the

last five (5) years, shall be submitted to the

Department,

e. a search of the Department of Corrections' files

maintained pursuant to the Sex Offenders Registration

Act shall be conducted by the Department and received

by the facility,

f. a search of any available child abuse and neglect

registry within a state the individual has resided in

within the last five (5) years,

Oklahoma Statutes - Title 10. Children Page 76

g. search of the nontechnical services worker abuse

registry maintained by the State Department of Health

pursuant to Section 1-1950.7 of Title 63 of the

Oklahoma Statutes, and

h. a search of the community services worker registry

maintained by the Department of Human Services

pursuant to Section 1025.3 of Title 56 of the Oklahoma

Statutes;

3. Prior to allowing unsupervised access to children by

employees or individuals, including contract employees and

volunteers and excluding the exceptions in paragraph 8 of this

subsection:

a. Oklahoma State Courts Network search results,

conducted by the Department, shall be received by the

facility,

b. a Child Care Restricted Registry search shall be

conducted by the facility with notification of the

search submitted to the Department,

c. national criminal history records search results

pursuant to paragraph 10 of this subsection shall be

received by the facility,

d. a criminal history records and sex offender registry

search conducted by an authorized source, when the

individual has lived outside this state within the

last five (5) years shall be submitted to the

Department,

e. a search of the Department of Corrections' files

maintained pursuant to the Sex Offenders Registration

Act shall be conducted by the Department and received

by the facility,

f. a search of any available child abuse and neglect
y

search conducted by an authorized source, when the

individual has lived outside this state within the

last five (5) years shall be submitted to the

Department,

e. a search of the Department of Corrections' files

maintained pursuant to the Sex Offenders Registration

Act shall be conducted by the Department and received

by the facility,

f. a search of any available child abuse and neglect

registry within a state the individual has resided in

within the last five (5) years,

g. search of the nontechnical services worker abuse

registry maintained by the State Department of Health

pursuant to Section 1-1950.7 of Title 63 of the

Oklahoma Statutes, and

h. a search of the community services worker registry

maintained by the Department of Human Services

pursuant to Section 1025.3 of Title 56 of the Oklahoma

Statutes;

4. Prior to the issuance of a permit or license and prior to

the residence of adults who subsequently move into a facility,

adults living in the facility excluding the exception in paragraph 7

of this subsection shall have:

Oklahoma Statutes - Title 10. Children Page 77

a. an Oklahoma State Courts Network search conducted by

the Department and the facility shall be in receipt of

the search results,

b. a Restricted Registry search conducted by the facility

with notification of the search submitted to the

Department,

c. a national criminal history records search conducted

pursuant to paragraph 10 of this subsection,

d. a criminal history records and sex offender registry

search conducted by an authorized source, when the

individual has lived outside this state within the

last five (5) years,

e. a search of the Department of Corrections' files

maintained pursuant to the Sex Offenders Registration

Act conducted by the Department and received by the

facility,

f. a search of any available child abuse and neglect

registry within a state the individual has resided in

within the last five (5) years,

g. search of the nontechnical services worker abuse

registry maintained by the State Department of Health

pursuant to Section 1-1950.7 of Title 63 of the

Oklahoma Statutes, and

h. a search of the community services worker registry

maintained by the Department of Human Services

pursuant to Section 1025.3 of Title 56 of the Oklahoma

Statutes;

5. Children who reside in the facility and turn eighteen (18)

years of age excluding the exception in paragraph 7 of this

subsection shall have:

a. an Oklahoma State Courts Network search conducted by

the Department,

b. a Restricted Registry search conducted by the facility

with notification of the search submitted to the

Department,

c. a national criminal history records search conducted

pursuant to paragraph 10 of this subsection, and

d. a search of the Department of Corrections' files

pursuant to the Sex Offenders Registration Act

conducted by the Department and received by the

facility;

6. Prior to review of or access to fingerprint results, owners,

responsible entities, directors, and other individuals who have

review of or access to fingerprint results shall have a national

criminal history records search pursuant to paragraph 10 of this

subsection;

Oklahoma Statutes - Title 10. Children Page 78

7. Provisions specified in paragraphs 4 and 5 of this

subsection shall not apply to residents who are receiving services

from a residential child care facility;

8. A national criminal history records search pursuant to

paragraph 10 of this subsection shall not be required for volunteers

who transport children on an irregular basis when a release is

signed by the parent or legal guardian noting their understanding

that the volunteer does not have a completed national criminal

history records search. The provisions in paragraph 3 of this

subsection shall not be required for specialized service

professionals who are not employed by the program and have

unsupervised access to a child when a release is signed by the
basis when a release is

signed by the parent or legal guardian noting their understanding

that the volunteer does not have a completed national criminal

history records search. The provisions in paragraph 3 of this

subsection shall not be required for specialized service

professionals who are not employed by the program and have

unsupervised access to a child when a release is signed by the

parent or legal guardian noting his or her understanding of this

exception. These exceptions shall not preclude the Department from

requesting a national fingerprint or an Oklahoma State Bureau of

Investigation name-based criminal history records search or

investigating criminal, abusive, or harmful behavior of such

individuals, if warranted;

9. A national criminal history records search pursuant to

paragraph 10 of this subsection shall be required on or before

November 1, 2016, for existing owners, responsible entities,

employees, individuals with unsupervised access to children, and

adults living in the facility, as of November 1, 2013, unless

paragraph 6 of this subsection applies;

10. The Department shall require a national criminal history

records search based upon submission of fingerprints that shall:

a. be conducted by the Oklahoma State Bureau of

Investigation and the Federal Bureau of Investigation

pursuant to Section 150.9 of Title 74 of the Oklahoma

Statutes and the federal National Child Protection Act

and the federal Volunteers for Children Act with the

Department as the authorized agency,

b. be submitted and have results received between the

Department and the Oklahoma State Bureau of

Investigation through secure electronic transmissions,

c. include Oklahoma State Bureau of Investigation rap

back, requiring the Oklahoma State Bureau of

Investigation to immediately notify the Department

upon receipt of subsequent criminal history activity,

and

d. be paid by the individual or the facility;

11. The Director of the Department, or designee, shall

promulgate rules that may authorize an exception to the

fingerprinting requirements for individuals who have a severe

physical condition which precludes such individuals from being

fingerprinted;

Oklahoma Statutes - Title 10. Children Page 79

12. The Director of the Department, or designee, shall

promulgate rules that ensure individuals obtain a criminal history

records search, not to include the re-submission of fingerprints,

not less than once during each five (5) year period;

13. Any individual who refuses to consent to the criminal

background check or knowingly makes a materially-false statement in

connection with such criminal background check shall be ineligible

for ownership of, employment of or residence in a child care

facility; and

14. The Office of Juvenile Affairs shall require national

criminal history records searches, as defined by Section 150.9 of

Title 74 of the Oklahoma Statutes, which shall be provided by the

Oklahoma State Bureau of Investigation for the purpose of obtaining

the national criminal history records search, including Rap Back

notification of and through direct request by the Office of Juvenile

Affairs on behalf of any:

a. operator or responsible entity making a request to

establish or operate a secure detention center,

municipal juvenile facility, community intervention

center or secure facility licensed or certified by the

Office of Juvenile Affairs,

b. employee or applicant of a secure detention center,

municipal juvenile facility, community intervention

center or secure facility licensed or certified by the

Office of Juvenile Affairs, or

c. persons allowed unsupervised access to children,

including contract employees or volunteers, of a

secure detention center, municipal juvenile facility,

community intervention center or secure facility

licensed or certified by the Office of Juvenile

Affairs.

B. 1. a. On and after September 1, 1998:
ion

center or secure facility licensed or certified by the

Office of Juvenile Affairs, or

c. persons allowed unsupervised access to children,

including contract employees or volunteers, of a

secure detention center, municipal juvenile facility,

community intervention center or secure facility

licensed or certified by the Office of Juvenile

Affairs.

B. 1. a. On and after September 1, 1998:

(1) any child-placing agency contracting with a

person for foster family home services or in any

manner for services for the care and supervision

of children shall also, prior to executing a

contract, complete:

(a) a foster parent eligibility assessment for

the foster care provider except as otherwise

provided by divisions (2) and (4) of this

subparagraph, and

(b) a national criminal history records search

based upon submission of fingerprints for

any adult residing in the foster family home

through the Department of Human Services

pursuant to the provisions of Section 1-7-

106 of Title 10A of the Oklahoma Statutes,

Oklahoma Statutes - Title 10. Children Page 80

except as otherwise provided by divisions

(2) and (4) of this subparagraph,

(2) the child-placing agency may place a child

pending completion of the national criminal

history records search if the foster care

provider and every adult residing in the foster

family home has resided in this state for at

least five (5) years immediately preceding such

placement,

(3) a national criminal history records search based

upon submission of fingerprints to the Oklahoma

State Bureau of Investigation shall also be

completed for any adult who subsequently moves

into the foster family home,

(4) provided, however, the Director of Human Services

or the Director of the Office of Juvenile

Affairs, or a designee, may authorize an

exception to the fingerprinting requirement for a

person residing in the home who has a severe

physical condition which precludes such person's

being fingerprinted, and

(5) any child care facility contracting with any

person for foster family home services shall

request the Office of Juvenile Affairs to conduct

a juvenile justice information system review,

pursuant to the provisions of Sections 2-7-905

and 2-7-308 of Title 10A of the Oklahoma

Statutes, for any child over the age of thirteen

(13) years residing in the foster family home,

other than a foster child, or who subsequently

moves into the foster family home. As a

condition of contract, the child care facility

shall obtain the consent of the parent or legal

guardian of the child for such review.

b. The provisions of this paragraph shall not apply to

foster care providers having a contract or contracting

with a child-placing agency, the Department of Human

Services or the Office of Juvenile Affairs prior to

September 1, 1998. Such existing foster care

providers shall comply with the provisions of this

section, until otherwise provided by rules of the

Department or by law.

2. a. (1) On and after September 1, 1998, except as

otherwise provided in divisions (2) and (4) of

this subparagraph, prior to contracting with a

foster family home for placement of any child who

is in the custody of the Department of Human

Oklahoma Statutes - Title 10. Children Page 81

Services or the Office of Juvenile Affairs, each

Department shall complete a foster parent

eligibility assessment, pursuant to the

provisions of the Oklahoma Child Care Facilities

Licensing Act, for such foster family applicant.

In addition, except as otherwise provided by

divisions (2) and (4) of this subparagraph, the

Department shall complete a national criminal

history records search based upon submission of

fingerprints for any adult residing in such

foster family home.
nt

eligibility assessment, pursuant to the

provisions of the Oklahoma Child Care Facilities

Licensing Act, for such foster family applicant.

In addition, except as otherwise provided by

divisions (2) and (4) of this subparagraph, the

Department shall complete a national criminal

history records search based upon submission of

fingerprints for any adult residing in such

foster family home.

(2) The Department of Human Services and Office of

Juvenile Affairs may place a child pending

completion of the national criminal history

records search if the foster care provider and

every adult residing in the foster family home

has resided in this state for at least five (5)

years immediately preceding such placement.

(3) A national criminal history records search based

upon submission of fingerprints conducted by the

Oklahoma State Bureau of Investigation shall also

be completed for any adult who subsequently moves

into the foster family home.

(4) The Director of Human Services or the Director of

the Office of Juvenile Affairs or their designee

may authorize an exception to the fingerprinting

requirement for any person residing in the home

who has a severe physical condition which

precludes such person's being fingerprinted.

b. The provisions of this paragraph shall not apply to

foster care providers having a contract or contracting

with a child-placing agency, the Department of Human

Services or the Office of Juvenile Affairs prior to

September 1, 1998. Such existing foster care

providers shall comply with the provisions of this

section, until otherwise provided by rules of the

Department or by law.

3. The Department of Human Services or the Office of Juvenile

Affairs shall provide for a juvenile justice information system

review pursuant to Section 2-7-308 of Title 10A of the Oklahoma

Statutes for any child over the age of thirteen (13) years residing

in a foster family home, other than the foster child, or who

subsequently moves into the foster family home.

C. The Department or the Board of Juvenile Affairs shall

promulgate rules to identify circumstances when a criminal history

records search or foster parent eligibility assessment for an

applicant or contractor, or any person over the age of thirteen (13)

Oklahoma Statutes - Title 10. Children Page 82

years residing in a private residence in which a child care facility

is located, shall be expanded beyond the records search conducted by

the Oklahoma State Bureau of Investigation or as otherwise provided

pursuant to this section.

D. Except as otherwise provided by the Oklahoma Children's Code

and subsection F of this section, a conviction for a crime shall not

be an absolute bar to employment, but shall be considered in

relation to specific employment duties and responsibilities.

E. 1. Information received pursuant to this section by an

owner, administrator, or responsible entity of a child care

facility, shall be maintained in a confidential manner pursuant to

applicable state and federal laws.

2. The information, along with any other information relevant

to the ability of the individual to perform tasks that require

direct contact with children, may be released to another child care

facility in response to a request from the child care facility that

is considering employing or contracting with the individual unless

deemed confidential by state and federal laws.

3. Requirements for confidentiality and recordkeeping with

regard to the information shall be the same for the child care

facility receiving the information in response to a request as those

provided for in paragraph 1 of this subsection for the child care

facility releasing such information.

4. Information received by any facility certified by the Office

of Juvenile Affairs may be released to another facility certified by

the Office if an individual is being considered for employment or

contract, along with any other relevant information, unless the
sponse to a request as those

provided for in paragraph 1 of this subsection for the child care

facility releasing such information.

4. Information received by any facility certified by the Office

of Juvenile Affairs may be released to another facility certified by

the Office if an individual is being considered for employment or

contract, along with any other relevant information, unless the

information is deemed confidential by state or federal law. Any

information received by the Office shall be maintained in a

confidential manner pursuant to applicable state and federal law.

F. 1. It shall be unlawful for individuals who are required to

register pursuant to the Sex Offenders Registration Act to work with

or provide services to children or to reside in a child care

facility and for any employer who offers or provides services to

children to knowingly and willfully employ or contract with, or

allow continued employment of or contracting with individuals who

are required to register pursuant to the Sex Offenders Registration

Act. Individuals required to register pursuant to the Sex Offenders

Registration Act who violate any provision of Section 401 et seq. of

this title shall, upon conviction, be guilty of a Class D1 felony

offense punishable by incarceration as provided for in subsections B

through F of Section 20N of Title 21 of the Oklahoma Statutes, or a

fine of not more than Five Thousand Dollars ($5,000.00), or both

such fine and imprisonment.

2. It shall be unlawful for an individual who is the

perpetrator of a substantiated finding by the Department of heinous

and shocking abuse by a person responsible for a child's health,

Oklahoma Statutes - Title 10. Children Page 83

safety, or welfare, as those terms are defined in Section 1-1-105 of

Title 10A of the Oklahoma Statutes, to work with or provide services

to children or to reside in a child care facility and for any

employer who offers or provides services to children to knowingly

and willfully employ or contract with, or allow continued employment

of or contracting with such individual.

3. Upon a determination by the Department of any violation of

the provisions of this section, the violator shall be subject to and

the Department may pursue:

a. an emergency order,

b. license revocation or denial,

c. injunctive proceedings,

d. an administrative penalty not to exceed Ten Thousand

Dollars ($10,000.00), and

e. referral for criminal proceedings.

4. In addition to the penalties specified by this section, the

violator may be liable for civil damages.