Okla. Stat. tit. 74, § 74-150.9.2: Requests for state and national criminal history

record check for child abuse crimes.

A. For purposes of this section, the following terms are

defined as follows:

1. “Authorized agency” means the agency designated by statute

to report, receive, or disseminate a state or national criminal

history record check;

2. “Child” means a person who is a under the age of eighteen

(18) years;

3. “Care” means the provision of care, treatment, education,

training, instruction, supervision, or recreation to children, the

elderly, or individuals with disabilities;

4. “Covered individual” means a person who:

a. has, seeks to have, or may have access to children,

the elderly, or individuals with disabilities, served

by a qualified entity, and

b. (1) is employed by or volunteers with, or seeks to be

employed by or volunteer with, a qualified

entity, or

(2) owns or operates, or seeks to own or operate, a

qualified entity;

5. “Employed by” means to be paid to provide or seek to provide

care services for a qualified entity, regardless of being paid

directly by the qualified entity or by an entity contracted by the

qualified entity to provide care;

6. “Individuals with disabilities” means persons with a mental

or physical impairment who require assistance to perform one or more

daily living tasks;

7. “National criminal history record check system” means the

criminal history record system maintained by the Federal Bureau of

Investigation (FBI) based on fingerprint identification or any other

method of positive identification; and

8. “Qualified entity” means a business or organization whether

public, private, for-profit, not-for-profit, or voluntary, that

provides care or care placement services, including a business or

organization that licenses or certifies others to provide care or

care placement services.

B. The Director of the Oklahoma State Bureau of Investigation

(OSBI) shall develop procedures in accordance with the federal

National Child Protection Act of 1993 and the federal Volunteers for

Children Act to enable a qualified entity to request a state and

national criminal history record check to determine whether a

covered individual is the subject of any child abuse crime.

C. The request for a state and national criminal history record

check shall be made by:

1. Electronically submitting the fingerprints of the covered

individual to the OSBI as directed by the authorized agency; and

2. Submitting to the authorized agency a copy of a statement

signed by the covered individual that includes:

a. a waiver permitting the qualified entity to request

and receive a criminal history record check for the

purpose of determining the qualification and fitness

of a person to serve as a covered individual,

b. the name, address, and date of birth of the covered

individual as it appears on a valid identification

document,

c. a disclosure of whether the individual has ever been

convicted of or is the subject of pending charges for

a criminal offense and, if convicted, a description of

the crime and the result of the conviction, and

d. a notice to the individual that he or she is entitled

to obtain a copy of the criminal history record check

to verify the accuracy and completeness of any

information contained in such report before a

determination is made by the qualified entity.

D. An authorized agency shall require a qualified entity to

obtain fingerprints from a covered individual and to submit the

fingerprints to the OSBI and the FBI for a state and national

criminal history record check. The OSBI shall use the fingerprints

to identify the individual and to determine whether he or she has a

record of criminal history in this state or other jurisdictions or

countries. The OSBI will provide results of the criminal history

record check to the authorized agency. The authorized agency may

fingerprints to the OSBI and the FBI for a state and national

criminal history record check. The OSBI shall use the fingerprints

to identify the individual and to determine whether he or she has a

record of criminal history in this state or other jurisdictions or

countries. The OSBI will provide results of the criminal history

record check to the authorized agency. The authorized agency may

use the information obtained from the fingerprints and such state

and national criminal history record checks in the official

determination of the qualifications and fitness of the person to

serve as a covered individual.

E. The authorized agency shall be solely responsible for making

any determination that a criminal history record of a person shows

that such person has been convicted of a crime that bears upon the

fitness of such person to serve as a provider. This section does

not require the OSBI to make such a determination on behalf of any

authorized agency.

F. This section shall only apply to covered individuals and

qualified entities as defined in this section. This section shall

not be construed to replace, supersede, or in any way affect any

state law that requires a national criminal history record check,

prescribes procedures for a national criminal history record check

required by state law, or precludes an individual from employment

based on the results of a national criminal history record check

required by state law.