SECTION 340:110-1-8.1. Background investigations

(a)   Criminal history review-program process.

(1)   Criminal history review requests and results for programs. Programs request criminal history reviews from the Oklahoma Department of Human Services (DHS) Office of Background Investigations (OBI), per Oklahoma Administrative Code (OAC) 340:2-46-4.

(2)   Criminal history restriction waiver process. The process in (A) - (D) of this paragraph is followed when a program requests a criminal history restriction waiver.

(A)   The decision to grant or deny a criminal history restriction waiver is made by the restriction waiver review committee consisting of three Child Care Services (CCS) staff. The committee decision is based on documentation indicating that the health, safety, and well-being of children will not be endangered. The granting of a restriction waiver requires unanimous committee decision. Criteria considered include the:

(i)   types of crimes or offenses the individual was convicted of or disposition,including a plea of guilty or nolo contendere (no contest), or a finding made;

(ii)   nature of the offense(s);

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

(iv)   circumstances surrounding commission of the offense(s) demonstrating whether the individual will re-offend;

(v)   number of offenses the individual was convicted of or findings made;

(vi)   length of time elapsed since the last conviction or disposition including a plea of guilty or nolo contendere (no contest), or a finding made;

(vii)   relationship of the offense(s) to the individual's ability to care for children;

(viii)   evidence of rehabilitation or education activities since the offense was committed, such as counseling;

(ix)   statement from the individual having the criminal history; and

(x)   references of community members concerning the individual documented on Form 07LC090E, Criminal History Restriction Waiver Reference, including the reference's name, address, and phone number.

(B)   CCS State Office provides programs with written notice of the decision.

(C)   Licensing staff monitors:

(i)   criminal history restriction waiver notification posting in the facility and placement in the compliance file, when required; and

(ii)   any additional program instructions.

(D)   A criminal history restriction waiver may be rescinded at the discretion of the criminal history restriction waiver review committee.

(b)   Additional background investigations.

(1)   DHS database searches. Licensing staff searches DHS databases for involvement that may impact the individual's ability to meet requirements. Searches are conducted:

(A)   on all adults with the exception of directors, who are not owners or responsible entities, who sign Forms 07LC004E, Request for License - Child Care Program, or 07LC040E, Request for License - Child-Placing Agency and Residential Child Care;

(B)   prior to authorization to operate; and

(C)   annually.

(2)   Docket searches. Licensing staff conducts docket searches for prior criminal activity. Searches are conducted annually on all adults who sign Form 07LC004E or Form 07LC040E.

(3)   Background investigations for children 14 years of age and older living in a facility. When Licensing has concerns or receives a report of criminal or delinquent activity, Licensing may request a criminal history investigation, including a juvenile justice information system review. However, this does not apply to residents receiving services from a residential child care program.

(4)   Treating medical personnel statement. When concerns exist, Licensing staff may request information from the provider by requiring provider's signature on Form 08HI003E, Authorization to Disclose Medical Records. All medical information is confidential.

(c)   Oklahoma State Bureau of Investigation (OSBI) Record of Arrest and Prosecution (RAP) Back process.

(1)   Definition. RAP Back is an OSBI notification of subsequent Oklahoma arrests of previously-fingerprinted individuals.

(2)   RAP Back criminal history review results. This process is followed when RAP Back is received.

(A)   OBI simultaneously disseminates RAP Back criminal history review results to:

(i)   program(s) where the individual is associated; and

(ii)   CCS for determination of appropriate action.

(B)   Within 24 hours of receiving RAP Back from OBI, excluding weekends or holidays when the program is closed, Licensing staff contacts the program, to:

(i)   determine what action the program is taking to protect children; and

(ii)   inform the program of required actions.

(d)   Qualified entity (QE) - CCS.

(1)   QE definition. QE means an entity meeting the criteria and complying with federal and state laws and policies. QE standards govern the security and confidentiality of national fingerprint results.

(2)   Agreement compliance. CCS maintains QE standards, per the user agreement with OSBI.

(3)   Agreement revisions. CCS submits a revised agreement to OSBI when DHS Director or CCS contact individual(s) changes.

(e)   QE violations. Licensing staff reports QE standard violations to OBI.

[Source: Added at 13 Ok Reg 325, eff 5-18-95 (emergency); Added at 13 Ok Reg 499, eff 11-14-95 (emergency); Added at 13 Ok Reg 2663, eff 6-28-96; Amended at 14 Ok Reg 80, eff 11-1-96 (emergency); Amended at 14 Ok Reg 1408, eff 5-12-97; Amended at 14 Ok Reg 2174, eff 5-14-97 (emergency); Amended at 15 Ok Reg 1727, eff 5-11-98; Amended at 16 Ok Reg 2527, eff 7-1-99; Amended at 18 Ok Reg 2144, eff 6-11-01; Amended at 19 Ok Reg 2274, eff 6-27-02; Amended at 22 Ok Reg 1304, eff 6-1-05; Amended at 23 Ok Reg 1092, eff 6-1-06; 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; Amended at 31 Ok Reg 154, eff 11-1-13 (emergency); Amended at 31 Ok Reg 1854, eff 9-15-14; Amended at 32 Ok Reg 704, eff 1-1-16 (emergency); Amended at 33 Ok Reg 1678, eff 9-15-16; Amended at 35 Ok Reg 475, eff 1-31-18 (emergency); Amended at 35 Ok Reg 1705, eff 9-17-18]