Okla. Stat. tit. 10A, § 10A-1-7-115: Emergency placement home - Criminal records check

A. When it is necessary for a child to be removed from the home

due to allegations of child abuse or neglect, the Department of

Human Services may consider whether another home would be suitable

for the child as an emergency placement pending further court

proceedings. In determining the suitability of the emergency

placement home, the Department may elect to contract or otherwise

collaborate with law enforcement agencies to perform a name-based

state and federal criminal history records check followed by

fingerprint verification in accordance with the procedures set forth

in 28 C.F.R., Section 901 et seq., and this section.

B. When a child is taken into protective custody by a law

enforcement officer or when the court places emergency custody of a

child with the Department pursuant to the provisions of the Oklahoma

Children’s Code and an emergency placement for the child is

identified, a preliminary Federal Bureau of Investigation Interstate

Identification Index name-based check of the records of criminal

history of the members of the emergency placement household shall be

conducted prior to the placement of the child in the home.

1. When a child is in the emergency custody of the Department,

the Department or its approved designee may conduct a preliminary

name-based check of certain records including full orders of

protection and outstanding warrants, of each person over the age of

eighteen (18) years residing in the identified potential emergency

placement home where the child may be placed to determine whether

any adult member of the household has been arrested for or convicted

of any crime.

2. When the child is in protective custody of law enforcement

or when requested by the Department or its approved designee, a law

enforcement agency shall immediately conduct the same type of

criminal records search as described in paragraph 1 of this

subsection and shall provide the Department with a verbal response

of each person’s criminal history and whether any orders of

protection or outstanding warrants exist.

C. 1. Following a name-based criminal records check conducted

pursuant to this section, and within five (5) business days

immediately after the child has entered the emergency placement

home, all persons residing in the home who are over the age of

eighteen (18) years and those persons who are under the age of

eighteen (18) years and have been certified as an adult for the

commission of a crime, shall submit a full set of fingerprints to

the Department and provide written permission authorizing the

Department to forward the fingerprints to the Oklahoma State Bureau

of Investigation for submission to the Federal Bureau of

Investigation for criminal records report.

2. The Department shall forward the fingerprints to the

Oklahoma State Bureau of Investigation within fifteen (15) calendar

days after the results of the preliminary Federal Bureau of

Investigation Interstate Identification Index name-based records

check are received. The failure of any person to submit to a

fingerprint-based criminal records check within five (5) business

days immediately after emergency placement of the child shall result

in the immediate removal of the child from the emergency placement

home.

D. The costs associated with fingerprinting requirements of

this section shall be paid by the Department.