1. A. Every owner or administrator of a child care facility shall arrange, prior to employment, for a criminal history investigation conducted by the Oklahoma State Bureau of Investigation for an applicant for employment and for any adult residing in a child care facility that is licensed or approved by a child-placing agency and located in a private residence. If the applicant for employment or resident has resided in Oklahoma for less than one (1) year, the criminal history investigation shall be obtained from the previous state of residence.

2. B.

   1. 1. Adults not required to obtain a criminal history investigation are: a. parent volunteers who transport children on an irregular basis, and
   2. b. a child of a foster, adoptive, group or family child care home who became an adult during continuous residence at the licensed facility.
   3. 2. These exemptions shall not preclude the Department from requesting a criminal history investigation or investigating criminal, abusive or harmful behavior, if warranted.
   4. 3. Prior to the acceptance of a foster family home for placement of any child in the custody of the Department of Human Services, the Department shall arrange for a criminal history investigation, conducted by the Oklahoma State Bureau of Investigation, for a foster family applicant and for any adult residing in such foster family home. A criminal history investigation conducted by the Oklahoma State Bureau of Investigation shall be done for any adult who moves into the residence at a later time.
   5. 4. The Department of Human Services shall promulgate rules to identify circumstances when a criminal history investigation of a foster family applicant and of any adult residing in such foster family home shall be expanded beyond the investigation conducted by the Oklahoma State Bureau of Investigation.
3. C. A conviction for a crime shall not be an absolute bar to employment, except as provided in subsection F of this section, but shall be considered in relation to specific employment duties and responsibilities.

4. D.

   1. 1. Information received pursuant to this section by an owner or administrator of a child care facility shall be maintained in a confidential manner in a file that is separate from employment records. The information may be transmitted to the Department for child care facility licensing purposes.
   2. 2. Whenever an applicant is subsequently employed by the owner or administrator of a child care facility, the information received pursuant to a criminal history investigation shall not be made a part of that individual's personnel records. Such information, along with any other information relevant to the individual's ability to perform tasks that require direct contact with children, may be released to another child care facility in response to a request from an owner or administrator of a child care facility who is considering employing the individual.
   3. 3. Requirements for confidentiality and record keeping with regard to the information shall be the same for the owner or administrator receiving the information in response to a request as those provided for in paragraph 1 of this subsection for the owner or administrator releasing such information.

5. E.

   1. 1. A criminal history investigation conducted by the Oklahoma State Bureau of Investigation shall include a search of Department of Corrections' files maintained pursuant to the Sex Offenders Registration Act.
   2. 2. It shall be unlawful for any person who is 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 allow continued employment of any person who is required to register pursuant to the Sex Offenders Registration Act. Upon a determination of any violation of the provisions of this section, the violator shall be subject to an administrative fine not to exceed One Thousand Dollars ($1,000.00). In addition, the violator may be liable for civil damages.

Laws 1990, HB 2227, c. 186, § 1, eff. September 1, 1990; Amended by Laws 1993, HB 1491, c. 122, § 4, emerg. eff. April 29, 1993; Amended by Laws 1995, HB 1207, c. 142, § 8, emerg. eff. July 1, 1995; Amended by Laws 1995, SB 384, c. 222, § 1, eff. November 1, 1995; Amended by Laws 1996, HB 2053, c. 200, § 1, eff. November 1, 1996.