Oklahoma Administrative Code
Title 340 - Department of Human Services
Chapter 2 - Administrative Components
Subchapter 46 - Office of Background Investigations
Part 2 - CHILD CARE SERVICES
Section 340:2-46-5 - Background investigations process for child care programs
Universal Citation: OK Admin Code 340:2-46-5
Current through Vol. 42, No. 1, September 16, 2024
(a) Fingerprint process.
(1)
Background check review
packet. Oklahoma Human Services (OKDHS) makes background check review
packets available to individuals and child care programs.
(2)
Fingerprint rejections. When
low quality fingerprints, as determined by the Oklahoma State Bureau of
Investigation (OSBI), the Federal Bureau of Investigation (FBI), or both make
it impossible for the national crime information databases to provide results,
a national name-based search may be authorized.
(3)
Fingerprint exceptions. When
OKDHS Office of Background Investigations (OBI) receives a written request for
a fingerprint exception from an individual, who has a severe physical condition
precluding the individual from being fingerprinted, a state name-based search
may be authorized. Individuals that resided outside of Oklahoma within the past
five years must provide a name-based search from the state where they
resided.
(b) Background check process.
(1)
Background check review requests.
(A) Upon receipt of completed Form 19MP006E,
Background Check Review Request, or an electronic background check request, OBI
conducts a background check review.
(B) Upon receipt of an incomplete Form
19MP006E, or an electronic background check request, OBI sends the program
notification of an incomplete request.
(2)
Background check review
results.
(A) OBI processes background
check requests:
(i) within the time allowed
under federal regulations; or
(ii)
next OKDHS-business day for new programs in application status.
(B) OBI disseminates the:
(i) background check results;
(ii) criminal history record information
(CHRI), when applicable; and
(iii)
dispute resolution documents, when applicable.
(c) Criminal history records dispute process.
(1)
Dispute
rights. When state and national CHRI are disseminated, OBI notifies
individuals of the right to dispute the completeness and accuracy of the
CHRI.
(2)
Reasonable
time. Individuals are given a reasonable time to dispute CHRI, prior to
a final employment determination.
(d) Five-year reassessment. Programs must obtain a background check on required individuals every five years, per applicable Child Care Services (CCS) Licensing requirements.
(e) Record of Arrest and Prosecution (RAP) RAP Back process.
(1)
RAP Back notifications. RAP
Back is a notification from OSBI or FBI of subsequent arrests or prosecutions
of individuals who have had the CCS fingerprint-based national criminal history
checks. OBI submits a request to the state repository to stop sending RAP Back
on individuals, who:
(A) are ineligible to be
associated with any program; and
(B) have not been associated with a program
for two or more years.
(2)
RAP Back criminal history review
results. Upon receipt of RAP Back, OBI reviews the notification to
determine if the record reflects arrests or prosecutions. OBI simultaneously
disseminates RAP Back results to the:
(A)
programs with which the individual was last associated; and
(B) CCS, when criminal history restrictions
and prohibitions are involved.
(3)
Public record information.
When OBI becomes aware of additional arrests, charges, or convictions, OBI
validates the information through public records and processes a new background
check result.
(f) Qualified entity (QE) standards.
(1)
Agreement compliance. OBI
maintains QE standards for OKDHS according to the user agreement with
OSBI.
(2)
QE status.
QE status may be achieved by a:
(A)
program;
(B) general administrative
office (GAO) on behalf of one or more programs; and
(C) temporary hiring agency (THA) used for
child care substitutes.
(3)
Dissemination to a QE. OBI
only disseminates national CHRI to a program, GAO, or THA identified as a QE
that has written consent from the fingerprinted individual.
(4)
Audits. OBI periodically
audits QEs to verify compliance with standards.
(5)
Violations. When QE
standards violations are:
(A) identified
during an audit, OBI follows the audit process; or
(B) reported by individuals, OBI conducts an
investigation.
(6)
QE status termination. The QE status may be terminated, when the
QE:
(A) no longer meets QE criteria including
following the QE agreement;
(B)
does not cooperate with the audit process or an investigation; or
(C) does not correct QE standards violations
within an agreed upon time and manner.
(g) Restricted Registry referrals. When OBI determines an individual meets criteria for the Restricted Registry, per Oklahoma Administrative Code 340:110-1-10.1(b)(1) through (5), the information is forwarded to Restricted Registry staff.
(h) Out-of-state inquiries. OBI coordinates background check inquiries when requested by an out-of-state agency.
Disclaimer: These regulations may not be the most recent version. Oklahoma may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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