Okla. Stat. tit. 10A, § 10A-1-7-115
This is the official text of Okla. Stat. tit. 10A, § 10A-1-7-115, part of Oklahoma’s Stat. tit. 10A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 10A,." Browse the sections below, each linked to its official government source.
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Emergency placement home - Criminal records check
Official statutory text
A. When it is necessary for a child to be removed from the home
due to allegations of child abuse or neglect, the Department of
Human Services may consider whether another home would be suitable
for the child as an emergency placement pending further court
proceedings. In determining the suitability of the emergency
placement home, the Department may elect to contract or otherwise
collaborate with law enforcement agencies to perform a name-based
state and federal criminal history records check followed by
fingerprint verification in accordance with the procedures set forth
in 28 C.F.R., Section 901 et seq., and this section.
B. When a child is taken into protective custody by a law
enforcement officer or when the court places emergency custody of a
child with the Department pursuant to the provisions of the Oklahoma
Children’s Code and an emergency placement for the child is
identified, a preliminary Federal Bureau of Investigation Interstate
Identification Index name-based check of the records of criminal
history of the members of the emergency placement household shall be
conducted prior to the placement of the child in the home.
1. When a child is in the emergency custody of the Department,
the Department or its approved designee may conduct a preliminary
name-based check of certain records including full orders of
protection and outstanding warrants, of each person over the age of
eighteen (18) years residing in the identified potential emergency
placement home where the child may be placed to determine whether
any adult member of the household has been arrested for or convicted
of any crime.
Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 206
2. When the child is in protective custody of law enforcement
or when requested by the Department or its approved designee, a law
enforcement agency shall immediately conduct the same type of
criminal records search as described in paragraph 1 of this
subsection and shall provide the Department with a verbal response
of each person’s criminal history and whether any orders of
protection or outstanding warrants exist.
C. 1. Following a name-based criminal records check conducted
pursuant to this section, and within five (5) business days
immediately after the child has entered the emergency placement
home, all persons residing in the home who are over the age of
eighteen (18) years and those persons who are under the age of
eighteen (18) years and have been certified as an adult for the
commission of a crime, shall submit a full set of fingerprints to
the Department and provide written permission authorizing the
Department to forward the fingerprints to the Oklahoma State Bureau
of Investigation for submission to the Federal Bureau of
Investigation for criminal records report.
2. The Department shall forward the fingerprints to the
Oklahoma State Bureau of Investigation within fifteen (15) calendar
days after the results of the preliminary Federal Bureau of
Investigation Interstate Identification Index name-based records
check are received. The failure of any person to submit to a
fingerprint-based criminal records check within five (5) business
days immediately after emergency placement of the child shall result
in the immediate removal of the child from the emergency placement
home.
D. The costs associated with fingerprinting requirements of
this section shall be paid by the Department.
due to allegations of child abuse or neglect, the Department of
Human Services may consider whether another home would be suitable
for the child as an emergency placement pending further court
proceedings. In determining the suitability of the emergency
placement home, the Department may elect to contract or otherwise
collaborate with law enforcement agencies to perform a name-based
state and federal criminal history records check followed by
fingerprint verification in accordance with the procedures set forth
in 28 C.F.R., Section 901 et seq., and this section.
B. When a child is taken into protective custody by a law
enforcement officer or when the court places emergency custody of a
child with the Department pursuant to the provisions of the Oklahoma
Children’s Code and an emergency placement for the child is
identified, a preliminary Federal Bureau of Investigation Interstate
Identification Index name-based check of the records of criminal
history of the members of the emergency placement household shall be
conducted prior to the placement of the child in the home.
1. When a child is in the emergency custody of the Department,
the Department or its approved designee may conduct a preliminary
name-based check of certain records including full orders of
protection and outstanding warrants, of each person over the age of
eighteen (18) years residing in the identified potential emergency
placement home where the child may be placed to determine whether
any adult member of the household has been arrested for or convicted
of any crime.
Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 206
2. When the child is in protective custody of law enforcement
or when requested by the Department or its approved designee, a law
enforcement agency shall immediately conduct the same type of
criminal records search as described in paragraph 1 of this
subsection and shall provide the Department with a verbal response
of each person’s criminal history and whether any orders of
protection or outstanding warrants exist.
C. 1. Following a name-based criminal records check conducted
pursuant to this section, and within five (5) business days
immediately after the child has entered the emergency placement
home, all persons residing in the home who are over the age of
eighteen (18) years and those persons who are under the age of
eighteen (18) years and have been certified as an adult for the
commission of a crime, shall submit a full set of fingerprints to
the Department and provide written permission authorizing the
Department to forward the fingerprints to the Oklahoma State Bureau
of Investigation for submission to the Federal Bureau of
Investigation for criminal records report.
2. The Department shall forward the fingerprints to the
Oklahoma State Bureau of Investigation within fifteen (15) calendar
days after the results of the preliminary Federal Bureau of
Investigation Interstate Identification Index name-based records
check are received. The failure of any person to submit to a
fingerprint-based criminal records check within five (5) business
days immediately after emergency placement of the child shall result
in the immediate removal of the child from the emergency placement
home.
D. The costs associated with fingerprinting requirements of
this section shall be paid by the Department.
Status: in_force · Read it on the official government site
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