Okla. Admin. Code § 377:3-13-147.1

Current through Vol. 42, No. 8, January 2, 2025

Section 377:3-13-147.1 - Background history records searches

(a) The Office of Juvenile Affairs, through direct request, shall require a records search for each applicant for employment, which shall include the following:

(1) a national criminal history records search based upon submission of fingerprints that shall be provided by the Oklahoma State Bureau of Investigation (OSBI), including Rap Back notification, and the Federal Bureau of Investigation (FBI) pursuant to National Child Protection Act, 42 U.S.C.A. § 5119a, and 74 O.S. § 150.9, provided both the OSBI and FBI act in their designated role;

(2) a search of the Oklahoma State Courts Network (OSCN) including Oklahoma District Court Records (ODCR);

(3) a search of the Department of Human Services (DHS) Child Care Restricted Registry, also known as Joshua's List;

(4) a search of the Department of Corrections (DOC) Sex Offender Registry;

(5) a search of the Department of Corrections (DOC) Violent Offender Registry, also known as the Mary Rippy Violent Crime Offenders Registry;

(6) a search of all applicable out-of-state child abuse and neglect registries if the applicant has not lived continuously in Oklahoma for the past five (5) years;

(A) The prospective applicant is not approved without the results of the out-of-state maintained child abuse and neglect registry checks, when a registry is maintained in the applicable state;

(B) When no child abuse and neglect registry is maintained in the applicable state, the facility shall request any information that can be provided; and

(7) a criminal history records search conducted by an authorized source, when an applicant has lived outside the United States within the last five (5) years.

(8) the Office of Juvenile Affairs shall make a direct request for background searches to be conducted on behalf of any:

(A) operator or responsible entity making a request to establish or operate a secure detention center, municipal juvenile facility, community intervention center or secure facility licensed or certified by the Office of Juvenile Affairs,

(B) employee or applicant of a secure detention center, municipal juvenile facility, community intervention center or secure facility licensed or certified by the Office of Juvenile Affairs, or

(C) persons allowed unsupervised access to children, including contract employees or volunteers, of a secure detention center, municipal juvenile facility, community intervention center or secure facility licensed or certified by the Office of Juvenile Affairs.

(b)Criminal history investigation. The facility shall not employ or retain any person for whom there is documented evidence that the employee would endanger the health, safety, and/or well-being of juveniles.

(1) A facility shall not employ or retain an individual who has been:

(A) convicted of or entered a plea of guilty or nolo contendere to any felony involving:

(i) violence against a person;

(ii) child abuse or neglect;

(iii) possession, trafficking, manufacturing, sale or distribution of illegal drugs, or conspiracy to traffic, manufacture, sell, or distribute illegal drugs;

(iv) sexual misconduct;

(v) gross irresponsibility or disregard for the safety of others;

(vi) any crime against a child; or

(B) in the case of child abuse and neglect, identified as a perpetrator in a juvenile court proceeding and/or has made an admission of guilt to a person authorized by state or federal laws or regulations to investigate child abuse and neglect.

(2) As to a simple drug possession offender, the facility may, at its own discretion, make exceptions to the prohibition of employment if five years have passed from completion of the applicant's criminal sentence and the facility can document that the health, safety, and well-being of juveniles would not be endangered.

(A) The facility may consider, document, and submit to the Office of Public Integrity within 10 days of the employee's first day of work the:

(i) type of crime or offense for which the individual was convicted or a finding was made; and

(ii) reference letters concerning the individual in question.

(B) The Office of Public Integrity may make a recommendation to the facility administrator as to whether the applicant for employment should be approved or disapproved.

(3) If there is an allegation that a staff member has committed an act as described in OAC 377:3-13-147.1(b)(1), the facility shall determine and document whether the staff member shall be removed from contact with juveniles until the allegation is resolved.

(4) If the facility becomes aware of any person being formally charged with any of the criminal offenses described in OAC 377:3-13-147.1(b)(1), he or she must be removed from contact with juveniles until the charges are resolved.

Okla. Admin. Code § 377:3-13-147.1

Adopted by Oklahoma Register, Volume 32, Issue 24, September 1, 2015, eff. 9/11/2015

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018