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 the Oklahoma Department of Human Services (DHS) to establish and maintain a Restricted Registry, also named Joshua's List. Individuals recorded on the Restricted Registry are identified as registrants and are prohibited from licensure, ownership, employment, unsupervised access to children, and/or residence in a facility or program licensed, certified, operated or contracted by, or with, DHS 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:

(1)   a substantiated finding of abuse or neglect, per 10A O.S. § 1-1-105 by an individual, when the abuse or neglect occurred to a child while in the care of a facility licensed, certified, operated or contracted by, or with, DHS or OJA;

(2)   a denial or revocation of a child care program license;

(3)   a specified criminal history for individuals who have entered a plea of guilty, nolo contendere (no contest), or a conviction for felony offenses in (A) through (C) of this paragraph of:

(A)   child abuse or neglect;

(B)   a crime against a child; or

(C)   a crime involving violence including, but not limited to: rape, sexual assault, or homicide;

(4)   a specified criminal history for individuals who have entered a plea of guilty, nolo contendere (no contest), or a conviction prior to, and after the request for license date and ownership, employment, unsupervised access to children, or residence, for the felony offenses in (A) and (B) of this paragraph of:

(A)   domestic abuse; or

(B)   a drug or alcohol-related offense; or

(5)   an individual required to register, per the Sex Offender Registration Act or the Mary Rippy Violent Crime Offenders Act.

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

(1)   registrant, Licensing contacts the owner and documents discussion regarding his or her registration on Form 07LC080E, Licensing Services Supplemental Information; or

(2)   non-registrant, procedures for processing a request for license are followed, per OAC 340:110-1-6 or 340:110-1-45.

(d)   Restricted Registry online search for child care program owners, personnel, individuals with unsupervised access, and residents. The DHS 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). DHS 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, DHS 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 (j) 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 investigations to the residential licensing programs manager 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 (j) 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 investigations 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 (j) 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. A copy of the cease and desist letter and denial or revocation letter is forwarded to Restricted Registry staff by the statewide licensing coordinator or designee. Documentation relating to the denial and revocation is forwarded to the Restricted Registry Review Committee for consideration, per (j) of this Section.

(i)   Registration as a result of a specified criminal history. When a criminal history review conducted by OBI, including Record of Arrest and Prosecution (RAP) Back, 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 (j) of this Section.

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

(1)   Criteria considered for Restricted Registry registration include, the:

(A)   individual's age at the time of the offense(s);

(B)   length of time since the offense(s) occurred;

(C)   number and types of offenses the individual was convicted for, or for findings made;

(D)   circumstances surrounding commission of the offense(s), demonstrating willful intent;

(E)   likelihood the individual will re-offend; and

(F)   other documentation submitted indicating children's health, safety, and well-being are, or are not endangered.

(2)   The Restricted Registry Review Committee determines Restricted Registry registration by clear and convincing evidence; including consideration of:

(A)   the individual's history of behavior likely to create a reasonable risk of harm to children; and

(B)   if children are unsafe with the individual, either alone or in a group.

(3)   The Restricted Registry Review Committee's determination requires a majority decision and is based on the members' review, discussion of documentation, and consideration of registration criteria as listed.

(4)   When the Restricted Registry Review Committee recommends registration, information is forwarded to Restricted Registry staff.

(k)   Restricted Registry legal review. Restricted Registry staff submits registration information to DHS Legal Services (LS) for registration review.

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

(1)   is mailed to the most recent address of record as provided by the potential registrant through request for license, personnel documents, criminal background requests, or interviews. Notification is provided by regular and certified mail, return receipt requested; and

(2)   advises the potential registrant of the:

(A)   right to appeal within 30-calendar days of receipt of notice;

(B)   failure to request a hearing, within the time frame specified, may result in Restricted Registry registration, per (n) of this Section; and

(C)   responsibility for notifying restricted registry staff of changes in mailing address.

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

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

(1)   mails Form 07LC114E, Restricted Registry Final Notification, to the registrant's last known address of record on file;

(2)   mails Form 07LC113E, Restricted Registry Program Notification, to the program where registrant is associated;

(3)   notifies the appropriate CWS Resource Unit, OJA, or Licensing staff regarding Restricted Registry registration; and

(4)   enters registrant information on the Restricted Registry database.

(o)   District Court appeal process. Registrants aggrieved by the decision may appeal to the District Court of the county where the program is maintained and operated by filing 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 must also file with the court clerk the administrative hearings transcript.

(p)   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.

(1)   Criteria considered for removal includes, but is not limited to, (j)(1)(A) through (F) of this Section, and:

(A)   a current criminal background review, conducted within 30-calendar days;

(B)   since registration, consideration of;

(i)   work and training histories; and

(ii)   character behavioral references;

(C)   a personal statement of rehabilitative efforts; and

(D)   reason for original placement and the length of time on the Restricted Registry.

(2)   A decision to remove a registrant from the Restricted Registry is based on a Restricted Registry Review Committee majority decision.

(3)   A request for appeal of continued placement on the Restricted Registry is forwarded to Restricted Registry staff. Appeal requests are forwarded to DHS Legal Services.

(4)   Restricted Registry staff notifies the registrant of the Restricted Registry Review Committee decision.

[Source: Added at 27 Ok Reg 1869, eff 7-1-10; Amended at 27 Ok Reg 2646, eff 6-21-10 (emergency); Amended at 28 Ok Reg 1669, eff 7-1-11; Amended at 29 Ok Reg 1229, eff 7-1-12; Amended at 31 Ok Reg 154, eff 11-1-13 (emergency); Amended at 31 Ok Reg 1854, eff 9-15-14; Amended at 35 Ok Reg 475, eff 1-31-18 (emergency); Amended at 35 Ok Reg 1705, eff 9-17-18; Amended at 37 Ok Reg 1858, eff 11-1-20]