SECTION 340:75-7-15. Background information search and assessment of results

(a)   Authorization to conduct criminal history records searches. The applicants and adult household members give consent for Oklahoma State Bureau of Investigation (OSBI) and Federal Bureau of Investigation (FBI) criminal histories records searches by signing Form 04AD003E, Request for Background Check.

(b)   Background information search for applicants and adult household members. A background information search is conducted regarding each adult in the applicant's home as a safeguard for children placed in Oklahoma Department of Human Services (DHS) custody. Results from the background information searches are obtained, assessed, and documented prior to the applicant's approval. Background information searches are conducted at the time of application and include, but are not limited to:

(1)   an OSBI name and criminal history records search;

(2)   an FBI national criminal history records search, based on fingerprints, per Section 1-7-111 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-7-111);

(3)   a search of the Oklahoma Sex Offender Registry;

(4)   a search of the Mary Rippy Violent Offender Registry;

(5)   a Department of Public Safety (DPS) report;

(6)   a search of the Oklahoma State Courts Network including Oklahoma District Court Records to determine if the applicant or adult household member is, or was, a party in any court action;

(7)   a search of all DHS records, including child welfare (CW) records;

(8)   a search of the Restricted Registry;

(9)   a search of Nontechnical Services Worker Abuse Registry maintained by the Oklahoma State Department of Health;

(10)   a search of the Community Services Worker Registry;

(11)   a search of all applicable out-of-state child abuse and neglect registries for the applicant or adult household member, who has not lived in Oklahoma continuously for the past five years, per 10A O.S. § 1-7-111.

(A)   The potential resource home is not approved without the results for the applicant and adult household members of the out-of-state child abuse and neglect registry checks, when a registry is maintained in the applicable state.

(B)   When a child abuse and neglect registry is not maintained in the applicable state, DHS requests any information that can be provided from the state; and

(12)   a search of Juvenile Online Tracking System (JOLTS) records for the applicant's or each adult household member's child, 13 through 17 years of age, living in the home.

(c)   Background information summary. All background information is documented on Form 04AF007E, Records Check Documentation. A copy of Form 04AF007E is shared with the resource family partner (RFP) or the resource family assessment (RFA) contractor responsible for completing an RFA. The RFP is provided background information only for searches the RFP does not conduct.

(d)   Exception to fingerprinting. Per 10A O.S. § 1-7-111, the DHS Director or designee may authorize an exception to the fingerprinting requirement and an alternative procedure for obtaining a national criminal history records search for any applicant or adult residing in the home who has a severe condition that precludes such person being fingerprinted. In limited, case-specific circumstances, DHS may not be able to obtain:

(1)   an individual's fingerprints as a result of the individual's disability; or

(2)   legible fingerprints due to low quality fingerprints, as a result of age, occupation, or other conditions, thereby making it impossible for the National Crime Information Center (NCIC) to provide results.

(e)   Out-of-state equivalent records check required based on length of residency. Prior to approval, applicants or adult household members who have lived in Oklahoma for less than five years must provide equivalent background records checks from previous state(s) of residence. Equivalent records checks include, but are not limited to, a state's criminal history search, including Sex Offender registries. Prior to approval, DHS obtains the child abuse and neglect registry check from the previous state(s) of residence, when a registry is available. When a child abuse and neglect registry is not maintained in the applicable state, DHS requests any information that the state can provide.

(f)   Residence time requirement for kinship applicants. Prior to placement, kinship applicants or adult household members who have not lived in Oklahoma continuously for the past five years must submit fingerprints. DHS must obtain the child abuse and neglect registry check from the previous state(s) of residence, when a registry is available. Both the national criminal history records search and the child abuse and neglect registry checks must be completed, prior to a child's placement in a kinship home, per 10A O.S. § 1-7-111. When a child abuse and neglect registry is not maintained in the applicable state, DHS requests any information that the state can provide.

(g)   New household members in the resource home. The resource parent notifies the resource specialist within 24 hours of a new household member in the resource home. A resource family's failure to notify the resource specialist of a new household member or the refusal of a household member who remains in the home to consent to a background information search is cause for removal of the foster care child from the resource home, possible closure of the resource home, and cancellation of the foster care contract.

(1)   DHS completes a background information search, per this Section, for persons 18 years of age and older residing in the resource home for 30-calendar days or more. The resource parent's child who reaches 18 years of age is considered in this category.

(2)   An adult household member that moves into the resource home must consent to a background information search and be fingerprinted immediately after notification to the resource specialist.

(3)   The resource parent's child who turns 18 years of age must consent to a background information search and be fingerprinted within 30-calendar days of turning 18 years of age.

(4)   Any child, 13 through 17 years of age who moves into the home, must have a JOLTS check completed immediately.

(h)   Kinship applicant criminal history records searches after normal business hours or on a holiday. In determining the suitability of the potential kinship home, DHS uses the DHS Office of Background Investigations (OBI) to perform a name-based state and federal criminal history records search, per Section 901 et seq. of Title 28 of the Code of Federal Regulations. When OBI is not operational, DHS may elect to contract or otherwise collaborate with local law enforcement agencies to perform a name-based state and federal criminal history records search followed by fingerprint verification, per 10A O.S. § 1-7-115.

(i)   Assessment of background information search results.

(1)   Felony convictions. DHS denies a resource home application when the applicant or any person residing in the applicant's home has a criminal conviction record for any felony offenses listed in (A) through (E) of this paragraph. The criminal conviction of an approved resource parent or any person residing in the resource home of any of the felony offenses listed in (A) through (E) of this paragraph requires the closure of the resource home, cancellation of the foster care contract, and removal of every child in DHS custody from the home. The felony offenses are:

(A)   physical assault, battery, or a drug-related offense, when the conviction occurs within the five-year period preceding the application date;

(B)   child abuse or neglect;

(C)   spousal abuse or domestic abuse;

(D)   a crime against a child including, but not limited to, child pornography; or

(E)   a crime involving violence including, but not limited to, rape, sexual assault, or homicide, but excluding those crimes specified in (A) of this paragraph. Per 21 O.S. § 692, homicide includes manslaughter. Per Section 16 of Title 18 of the United States Code, a crime involving violence means, an offense that:

(i)   has an element of the use, attempted use, or threatened use of physical force against the person or property of another; or

(ii)   by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.

(2)   Sex-related crimes. DHS denies the application to become a resource parent, when the applicant:

(A)   or any person residing in the applicant's home has a conviction for any crime, felony or misdemeanor, specified in 57 O.S. § 582, whether the conviction occurred upon a:

(i)   verdict;

(ii)   plea of guilty; or

(iii)   plea of nolo contendere; or

(B)   is subject to, living with, or married to a person who is subject to the Oklahoma Sex Offender Registration Act.

(3)   Arrests, charges, or other convictions. Approval of an applicant who has, or is living with a person who has a history of arrests, charges, or convictions for any felony, other than those listed in (1) of this subsection, or a relevant misdemeanor may be approved as a resource parent on a case-by-case basis. A relevant misdemeanor includes:

(A)   assault and battery;

(B)   alcohol- or drug-related offenses;

(C)   domestic violence; or

(D)   other offenses involving the use of physical force or violence against the person or property of another.

(4)   Child abuse and neglect investigations. DHS determines, on a case-by-case basis, the approval of any resource applicant with a history of child abuse and neglect investigations.

[Source: Added at 17 Ok Reg 549, eff 12-1-99 (emergency); Added at 17 Ok Reg 1311, eff 5-11-00; Amended at 17 Ok Reg 3367, eff 9-1-00 (preemptive); Amended at 18 Ok Reg 2128, eff 6-11-01; Amended at 19 Ok Reg 2226, eff 6-27-02; Amended at 21 Ok Reg 2385, eff 6-25-04; Amended at 22 Ok Reg 1270, eff 5-26-05; Amended at 24 Ok Reg 1323, eff 6-1-07; Amended at 25 Ok Reg 20, eff 8-3-07 (emergency); Amended at 25 Ok Reg 269, eff 11-1-07 (emergency); Amended at 25 Ok Reg 1335, eff 6-1-08; Amended at 26 Ok Reg 1282, eff 6-1-09; Amended at 27 Ok Reg 1092, eff 3-26-10 (emergency); Amended at 27 Ok Reg 1865, eff 7-1-10; Amended at 29 Ok Reg 635, eff 6-1-12; Amended at 35 Ok Reg 451, eff 1-31-18 (emergency); Amended at 35 Ok Reg 1695, eff 9-17-18; Amended at 36 Ok Reg 1856, eff 9-16-19; Amended at 37 Ok Reg 1850, eff 9-15-20]