Current through Vol. 42, No. 1, September 16, 2024
(a)
Oklahoma State Bureau of Investigation (OSBI) criminal history
investigation. Section
404.1
et seq. of Title 10 of the Oklahoma Statutes requires that every child care
facility provides to Oklahoma Child Care Services (OCCS) prior to employment, a
completed OSBI criminal history investigation conducted within the last 12
months for:
(1) any person making application
to establish or operate a residential child care facility and child-placing
agency;
(2) any person to be
employed by a child care facility or child-placing agency, including all
caregivers, auxiliary staff, and substitute or assistant caregivers;
(3) others who have unsupervised access to
children, such as students, workers, contracted staff, volunteers, or
custodians; and
(4) adults,
including the provider's spouse or adult children, who live in the child care
facility.
(b)
Out-of-state criminal history investigations. A criminal history
investigation conducted within the last 12 months by the authorized agency in
the previous states of residence is also required for persons in (a)(1) - (4)
when they have resided in Oklahoma less than three years.
(c)
Oklahoma State Courts Network
(OSCN) for new facilities. Prior to the issuance of an initial permit,
the facility's owner or director submits a completed Form 07LC096E, Criminal
History Review Request, to OCCS licensing records office for completion of OSCN
criminal history investigation and receives Form 07LC106E, Criminal History
Review Results, for:
(1) any person making
application to establish or operate a facility;
(2) any person to be employed by a child care
facility, including all caregivers, auxiliary staff, and substitute or
assistant caregivers; and
(3)
adults, including providers' spouses or adult children, who live in the child
care facility.
(d)
Oklahoma State Courts Network for existing facilities. Facilities
permitted or licensed after May 21, 2009 submit a completed Form 07LC096E, to
OCCS licensing records office requesting completion of OSCN criminal history
investigation for:
(1) any persons prior to
employment at a child care facility, including all caregivers, auxiliary staff,
substitute or assistant caregivers; and
(2) persons age 18 years or older prior to
their residence in the facility.
(e)
Child Care Restricted
Registry. Child Care Restricted Registry searches are conducted per OAC
340:110-1-10.1
and verification of non-registration on Form 07LC101E, Restricted Registry
Verification, is submitted to licensing records office for:
(1) any person making application for
licensure of a child care facility;
(2) any person signing the application as a
household member; and
(3) any
persons to be employed by a child care facility, including all caregivers,
auxiliary staff, and substitute or assistant caregivers.
(f)
Exceptions. OSBI,
out-of-state criminal history, OSCN investigations, and Child Care Restricted
Registry searches are not required for:
(1)
staff persons who move to a facility or agency operated by the same
organization;
(2) contracted staff
persons who provide transportation, lessons, or other services, provided
facility staff are present with children at all times;
(3) parent volunteers who transport children
on an irregular basis; and
(4)
provider's children who become adults, age 18, during continuous residence at
the licensed facility.
(g)
Oklahoma Department of Human
Services (OKDHS) background checks. Prior to permission to operate,
computer checks to identify prior involvement with OKDHS are completed by
licensing staff on owners and program directors who sign the application.
(1) When there has been prior involvement
with Child Welfare, the licensing staff reviews the case for information
regarding the person's ability to meet licensing requirements. Other cases are
reviewed only if concerns exist.
(2) When the provider's medical information
is confidential or concerns exist, the licensing staff may request information
from the provider by requiring the provider to sign OKDHS Form 08HI003E,
Authorization to Disclose Medical Records.
(h)
Authorized agencies.
Criminal history investigations are acceptable only when conducted by:
(1) the Oklahoma State Bureau of
Investigation (OSBI); and
(2) the
authorized agency in the previous states of residence if the person has resided
in Oklahoma for less than three years.
(i)
Sex Offender, Mary Rippy Violent
Crime Offenders, and Child Care Restricted Registries. According to
Section
404.1
of Title 10 and Section
589
of Title 57 of the Oklahoma Statutes, it is unlawful for any person who is
required to register pursuant to the Sex Offender Registration Act or the Mary
Rippy Violent Crime Offenders Registration Act to work with or provide services
to children, to live in a child care facility, or to be employed or contracted
by the facility to care for children. According to Section
405.3
of Title 10 of the Oklahoma Statutes, it is also prohibited for a registrant of
the Child Care Restricted Registry to be licensed, or employed at a child care
facility. If it is determined that a facility has violated these Statutes, the
OKDHS may pursue:
(1) an Emergency
Order;
(2) revocation of the
license or denial of the application for license;
(3) an injunction; and
(4) referral for criminal
proceedings.
(j)
Documentation and procedure. The licensing staff provides
information and the criminal history investigation request forms to licensees
and persons interested in becoming licensed.
(1) Facility provides completed OSBI and
out-of-state criminal background investigations and Form 07LC096E, Criminal
History Review Request, to OCCS licensing records office.
(2) Review of submitted information and OSCN
criminal history search is conducted by OCCS licensing records office and
results are returned to the facility on Form 07LC106E, Criminal History Review
Results, by the close of the next OKDHS business day for new facilities and by
the close of the fifth OKDHS business day for existing facilities.
(3) Hospitals contracting with the Oklahoma
Health Care Authority are exempt from submitting a criminal history review
request to OCCS licensing records office. Documentation of all criminal history
records searches is maintained at the hospital and is available for review by
OCCS.
(k)
Waiver. The prohibition for a person with specified criminal
history as referenced in (a), (b), and (c) of this Section to be employed or
reside in a licensed facility may be waived if requested on Form 07LC089E,
Child Care Waiver Request, and signed by the facility's owner or director.
(1) Licensing staff completes and submits
Form 07LC071E, Licensing Services Waiver Referral, to OCCS. A waiver is not
requested or granted to any person who:
(A)
has been convicted of a sex offense pursuant to the Sex Offender Registration
Act or the Mary Rippy Violent Offenders Registration Act; or
(B) whose sentence has not been completed for
any of the specified crimes.
(2) The decision to grant a waiver is made by
the waiver review committee consisting of three OCCS staff. The decision is
based on documentation indicating the health, safety, and well-being of
children is not endangered and must be approved unanimously by the committee.
Criteria considered by the committee include the:
(A) type of crime or offense for which the
person was convicted or disposition that includes a plea of guilty or nolo
contendere or a finding made;
(B)
nature of the offense(s);
(C) age
of the person at the time of the offense(s);
(D) circumstances surrounding commission of
the offense(s) that demonstrate whether it is likely that the person will
re-offend;
(E) number of offenses
for which the person was convicted or findings of guilt made;
(F) length of time that has elapsed since the
last conviction or disposition that includes a plea of guilty or nolo
contendere or a finding made;
(G)
relationship of the offense(s) and the person's ability to care for
children;
(H) evidence of
rehabilitation or education activities such as counseling since the offense was
committed;
(I) statement from the
person who has the criminal history; and
(J) opinions of community members concerning
the person in question documented on Form 07LC090E, Waiver Reference, which
includes name, address, and phone number of the individual providing the
opinion.
(3) A waiver
may be rescinded at the discretion of the committee.
(4) The programs manager notifies the
facility of the decision in writing.
(5) Licensing staff monitors any additional
instructions made to the program and verifies the waiver notice is posted in
the facility.
Added at 11 Ok Reg
399, eff 10-15-93 (emergency); Added at 11 Ok Reg 2773, eff 6-13-94; Amended at
17 Ok Reg 462, eff 10-19-99 (emergency); Amended at 17 Ok Reg 1339, eff
5-11-00; Amended at 18 Ok Reg 2144, eff 6-11-01; Amended at 20 Ok Reg 1274, eff
6-1-03; Amended at 22 Ok Reg 1304, eff 6-1-05; Amended at 24 Ok Reg 1351, eff
7-1-07; Amended at 25 Ok Reg 1962, eff 7-1-08; Amended at 26 Ok Reg 415, eff
11-20-08 (emergency); Amended at 26 Ok Reg 2239, eff 7-1-09; Amended at 27 Ok
Reg 48, eff 10-1-09 (emergency); Amended at 27 Ok Reg 1869, eff
7-1-10
