Okla. Stat. tit. 10, § 404.1 – Criminal History Records Search and Child Care Restricted Registry for Individual Applying to Establish or Operate Child Care Facility

A.
1. 1.
  1. a. Except as otherwise provided by subsection B of this section, prior to the issuance of a license, the Department of Human Services shall require a criminal history records search, conducted by the Oklahoma State Bureau of Investigation, and a records search of the Oklahoma child care worker registry established in Section 405.3 of this title for any person making application to establish or operate a child care facility.
  2. b. Prior to the issuance of a permit or license, the Department shall conduct a records search of the Oklahoma State Courts Network for any person making application to establish or operate a child care facility.
  3. c. Prior to the issuance of a permit or license, the Department shall conduct a records search of the Oklahoma State Courts Network for all employees and persons eighteen (18) years of age or older residing in a child care center, family child care home, large family child care home, part-day program, school-age program, or summer day camp.
2. 2.
  1. a. Prior to the employment of any person in a child care facility, the facility shall submit to the Department of Human Services division responsible for child care licensing:
    1. (1) a criminal history records search conducted by the Oklahoma State Bureau of Investigation,
    2. (2) documentation of a records search of the Oklahoma child care worker registry, and
    3. (3) a request for the Department to conduct a records search of the records of the Oklahoma State Courts Network.
  2. b. Hospitals contracting with the Oklahoma Health Care Authority and complying with the records searches required by this section shall be exempt from the requirement to submit such documentation to the Department. Documentation of records searches shall be maintained at the hospital and shall be available for review by the division of the Department responsible for child care licensing.
  3. c. Prior to allowing any person eighteen (18) years of age or older to reside in a child care center, family child care home, large family child care home, part-day program, school-age program, or summer day camp program, the facility shall submit to the Department of Human Services division responsible for child care licensing the following:
    1. (1) a criminal history records search conducted by the Oklahoma State Bureau of Investigation,
    2. (2) documentation of a records search of the Oklahoma child care worker registry, and
    3. (3) a request for the Department to conduct a records search of the Oklahoma State Courts Network.
3. 3. Once a facility has submitted an original document from the Oklahoma State Bureau of Investigation to the Department, a copy of that exact document shall be sufficient to satisfy any further request for that document. The Department may promulgate rules regarding the electronic submission of required documents.
4. 4. If the following persons have lived in Oklahoma for less than three (3) years, a criminal history records search shall also be obtained from the authorized agency in the previous states of residence for:
  1. a. applicants for a license to operate a child care facility,
  2. b. employees of a child care facility, and
  3. c. persons age eighteen (18) years or older residing in a child care center, family child care home, large family child care home, part-day program, school-age program, or summer day-camp program.
5. 5. The Department of Juvenile Justice may directly request national criminal history records searches as defined by Section 150.9 of Title 74 of the Oklahoma Statutes from the Oklahoma State Bureau of Investigation for the purpose of obtaining the national criminal history of any employee or applicant who has resided in Oklahoma for less than three (3) years for which a search is required.
B.
1. 1.
  1. a. On and after September 1, 1998:
    1. (1) any child-placing agency contracting with a person for foster family home services or in any manner for services for the care and supervision of children shall also, prior to executing a contract, complete:
      1. (a) a foster parent eligibility assessment for the foster care provider except as otherwise provided by divisions 2 and 4 of this subparagraph, and
      2. (b) a national criminal history records search based upon submission of fingerprints for any adult residing in the foster family home through the Department of Human Services pursuant to the provisions of the Oklahoma Foster Care and Out-of-Home Placement Act, except as otherwise provided by divisions 2 and 4 of this subparagraph,
    2. (2) the child-placing agency may place a child pending completion of the national criminal history records search if the foster care provider and every adult residing in the foster family home has resided in this state for at least five (5) years immediately preceding such placement,
    3. (3) a national criminal history records search based upon submission of fingerprints to the Oklahoma State Bureau of Investigation shall also be completed for any adult who subsequently moves into the foster family home,
    4. (4) provided, however, the Director of Human Services or the Director of the Department of Juvenile Justice, or a designee, may authorize an exception to the fingerprinting requirement for a person residing in the home who has a severe physical condition which precludes such person’s being fingerprinted, and
    5. (5) any child care facility contracting with any person for foster family home services shall request the Office of Juvenile Affairs to conduct a juvenile justice information system review, pursuant to the provisions of Sections 7302-9.6 and 7302-3.8 of this title, for any child over the age of thirteen (13) years residing in the foster family home, other than a foster child, or who subsequently moves into the foster family home. As a condition of contract, the child care facility shall obtain the consent of the parent or legal guardian of the child for such review.
  2. b. The provisions of this paragraph shall not apply to foster care providers having a contract or contracting with a child-placing agency, the Department of Human Services or the Department of Juvenile Justice prior to September 1, 1998. Such existing foster care providers shall comply with the provisions of this section, until otherwise provided by rules of the Commission for Human Services or by law.
2. 2.
  1. a.
    1. (1) On and after September 1, 1998, except as otherwise provided in divisions (2) and (4) of this subparagraph, prior to contracting with a foster family home for placement of any child who is in the custody of the Department of Human Services or the Department of Juvenile Justice, each Department shall complete a foster parent eligibility assessment, pursuant to the provisions of the Oklahoma Child Care Facilities Licensing Act, for such foster family applicant. In addition, except as otherwise provided by divisions (2) and (4) of this subparagraph, the Department shall complete a national criminal history records search based upon submission of fingerprints for any adult residing in such foster family home.
    2. (2) The Department of Human Services and Department of Juvenile Justice may place a child pending completion of the national criminal history records search if the foster care provider and every adult residing in the foster family home has resided in this state for at least (5) years immediately preceding such placement.
    3. (3) A national criminal history records search based upon submission of fingerprints conducted by the Oklahoma State Bureau of Investigation shall also be completed for any adult who subsequently moves into the foster family home.
    4. (4) The Director of Human Services or the Director of the Department of Juvenile Justice or designee may authorize an exception to the fingerprinting requirement for any person residing in the home who has a severe physical condition which precludes such person’s being fingerprinted.
  2. b. The provisions of this paragraph shall not apply to foster care providers having a contract or contracting with a child-placing agency, the Department of Human Services or the Department of Juvenile Justice prior to September 1, 1998. Such existing foster care providers shall comply with the provisions of this section, until otherwise provided by rules of the Commission for Human Services or by law.
3. 3. Each Department shall provide for a juvenile justice information system review pursuant to Section 7302-3.8 of this title for any child over the age of thirteen (13) years residing in a foster family home, other than the foster child, or who subsequently moves into the foster family home.
C. The Commission for Human Services or the Board of Juvenile Affairs shall promulgate rules to identify circumstances when a criminal history records search or foster parent eligibility assessment for an applicant or contractor, or any person over the age of thirteen (13) years residing in a private residence in which a child care facility is located, shall be expanded beyond the records search conducted by the Oklahoma State Bureau of Investigation or as otherwise provided pursuant to this section.
D.
1. 1. The following persons shall not be required to obtain a criminal history records search or a national criminal history records search based upon submission of fingerprints pursuant to this section:
  1. a. a parent volunteer who transports children on an irregular basis, and
  2. b. a child residing in a child care center, family child care home, or large family child care home who became an adult during continuous residence at the licensed or approved facility.
2. 2. These exemptions shall not preclude the Department from requesting a criminal history records search or requesting a national criminal history records search based upon submission of fingerprints or investigating criminal, abusive or harmful behavior of such persons, if warranted.
E. Except as otherwise provided by the Oklahoma Children's Code and subsection G of this section, a conviction for a crime shall not be an absolute bar to employment, but shall be considered in relation to specific employment duties and responsibilities.
F.
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 pursuant to applicable state or federal law.
2. 2. The information, along with any other information relevant to the ability of the individual to perform tasks that require direct contact with children, may be released to another child care facility in response to a request from the child care facility that is considering employing or contracting with the individual unless deemed confidential by state or federal law.
3. 3. Requirements for confidentiality and record keeping with regard to the information shall be the same for the child care facility receiving the information in response to a request as those provided for in paragraph 1 of this subsection for the child care facility releasing such information.
G.
1. 1. A criminal history records search conducted by the Oklahoma State Bureau of Investigation and a national criminal history records search based upon submission of fingerprints shall include a search of Department of Corrections' files maintained pursuant to the Sex Offenders Registration Act.
2. 2.
  1. a. 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 contract with, or allow continued employment of or contracting with any person who is required to register pursuant to the Sex Offenders Registration Act. Any person required to register pursuant to the Sex Offenders Registration Act who violates any provision of this act shall, upon conviction, be guilty of a felony punishable by incarceration in a correctional facility for a period of not more than five (5) years and a fine of not more than Five Thousand Dollars ($5,000.00) or both such fine and imprisonment.
  2. b. Upon a determination by the Department of any violation of the provisions of this section, the violator shall be subject to and the Department may pursue:
    1. (1) an emergency order,
    2. (2) license revocation or denial,
    3. (3) injunctive proceedings,
    4. (4) an administrative penalty not to exceed Ten Thousand Dollars ($10,000.00), and
    5. (5) referral for criminal proceedings.
  3. c. In addition to the penalties specified by this section, 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; Amended by Laws 1997, HB 1729, c. 260, § 1, eff. November 1, 1997 (repealed by Laws 1998, HB 3348, c. 5, § 29, emerg. eff. March 4, 1998); Amended by Laws 1997, HB 2133, c. 389, § 20, eff. November 1, 1997 (superseded document available); Amended by Laws 1998, HB 3348, c. 5, §1, emerg. eff. March 4, 1998 (superseded document available); Amended by Laws 1998, HB 2826, c. 414, § 16, emerg. eff. June 11, 1998 (superseded document available); Amended by Laws 1999, SB 428, c. 2, § 1 (superseded document available); Amended by Laws 2000, HB 2169, c. 177, § 1, emerg. eff. July 1, 2000 (superseded document available); Amended by Laws 2001, SB 39, c. 174, § 5, eff. November 1, 2001 (superseded document available); Amended by Laws 2003, SB 705, c. 213, § 1, emerg. eff. July 1, 2003 (superseded document available); Amended by Laws 2008, HB 2643, c. 296, § 3, eff. November 1, 2008 (superseded document available); Amended by Laws 2009, HB 1742, c. 230, § 5, emerg. eff. May 21, 2009 (superseded document available).