Oklahoma Administrative Code
Title 340 - Department of Human Services
Chapter 110 - Licensing Services
Subchapter 1 - General Provisions
Part 1 - LICENSING SERVICES - CHILD CARE
Section 340:110-1-10.1 - Restricted Registry

(a) Legal basis. The Oklahoma Child Care Facilities Licensing Act, Section 405.3 of Title 10 of the Oklahoma Statutes (10 O.S. § 405.3) requires Oklahoma Human Services (OKDHS) to establish and maintain a Restricted Registry, also known as Joshua's List. Individuals recorded on the Restricted Registry are identified as registrants and are prohibited from licensure, ownership, employment, unsupervised access to children, or residence in a facility or program licensed, certified, operated or contracted by, or with, OKDHS or the Office of Juvenile Affairs (OJA). The Restricted Registry search is required, per 10 O.S. § 404.1, and Oklahoma Administrative Code (OAC) 340:2-46-5.

(b) Registrants. Registration may result after review by the Restricted Registry Review Committee and after all appeals are exhausted, when:

(c) Restricted Registry search for program owners. When the owner is a:

(d) Restricted Registry online search for child care program owners, personnel, individuals with unsupervised access, and residents. The OKDHS Office of Background Investigation (OBI) verifies programs conduct a Restricted Registry online search within 30-calendar days of submission, per OAC 340:2-46-5.

(e) Registration as a result of findings of abuse or neglect investigations by Child Welfare Services (CWS). OKDHS staff notifies Restricted Registry staff of receipt of substantiated or confirmed findings when the abuse or neglect occurred to a child while in the care of a facility licensed, certified, operated or contracted by, or with, OKDHS or OJA. Restricted Registry staff verifies CWS appeal status before requesting additional information on potential registrants. Investigation information is forwarded to the Restricted Registry Review Committee for consideration, per (k) of this Section.

(f) Registration as a result of findings of abuse or neglect investigations by Office of Client Advocacy (OCA). OCA submits abuse or neglect findings to the residential licensing programs supervisor who reviews the information. Information meeting Restricted Registry registration criteria, per (b)(1) of this Section, are forwarded to Restricted Registry staff. Investigation information is forwarded to the Restricted Registry Review Committee for consideration, per (k) of this Section. Restricted Registry staff verifies OCA appeal status before requesting further review.

(g) Registration as a result of findings of OJA abuse or neglect investigations. OJA Office of Public Integrity personnel submits abuse or neglect findings to Restricted Registry staff. Information meeting Restricted Registry registration criteria, per (b)(1) of this Section, are forwarded to Restricted Registry staff. Investigation information is forwarded to the Restricted Registry Review Committee for consideration, per (k) of this Section. Restricted Registry staff verifies OJA appeal status before requesting further review.

(h) Registration as a result of a denial or revocation. Procedures regarding the request for license denial or revocation are followed, per OAC 340:110-1-10 or 340:110-1-52. The statewide licensing coordinator or designee forwards copies of the cease and desist letter and denial or revocation letter to Restricted Registry staff. Documentation relating to the denial and revocation is forwarded to the Restricted Registry Review Committee for consideration, per (k) of this Section.

(i) Registration as a result of a specified criminal history. When OBI conducts a criminal history review, including Record of Arrest and Prosecution (RAP) Back, and the review reveals an individual is a potential registrant, per (b)(3)-(5) of this Section, and a criminal history restriction waiver was rescinded or not granted, all criminal background information is forwarded to the Restricted Registry Review Committee for consideration, per (k) of this Section.

(j) Insufficient registry referral information. When sources submit insufficient or incomplete investigation, denial, or revocation information, per (e) through (i) of this Section, Restricted Registry staff completes and forwards Form 07LC033E, Notice of Incomplete Restricted Registry Referral Information. If requested information is not received within 60-calendar days from form receipt, the referral information is incomplete and further registration review is not conducted.

(k) Restricted Registry Review Committee. The Restricted Registry Review Committee consists of six OKDHS staff and one OJA staff who make a registration determination within 30-calendar days of receipt of necessary information.

(l) Restricted Registry legal review. Restricted Registry staff submits registration information to OKDHS Legal Services (LS) for registration review. LS responds within 60-calendar days to provide a registration decision indicating:

(m) Restricted Registry notification. Within five OKDHS-business days of receipt of OKDHS LS review, Restricted Registry staff notifies the potential registrant on Form 07LC115E, Restricted Registry Notification. The notification:

(n) Restricted Registry appeal process. A request for an appeal is forwarded to Restricted Registry staff. Appeal requests are forwarded to OKDHS LS.

(o) Registration. When an appeal is not requested within the specified timeframe, or when an administrative decision becomes final, Restricted Registry staff:

(p) District Court appeal process. Registrants aggrieved by the Restricted Registry Committee decision upheld during an administrative hearing may appeal to the District Court of the county where the facility is maintained and operated. Registrants file a verified petition with the court clerk within 10-calendar days after the decision. Within 20-calendar days of the filing of the appeal in District Court, the registrant also files the administrative hearings transcript with the court clerk.

(q) Request for registration removal. A registrant may request removal after 60 months from the date of Restricted Registry registration. A request for removal from the Restricted Registry is forwarded to the Restricted Registry staff for submission to the Restricted Registry Review Committee. The Restricted Registry Review Committee makes a determination within 30-calendar days of receipt of notice from the Restricted Registry staff.