{"data":{"id":"us-ok/okla.-stat.-tit.-10-10-404.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10, § 10-404.1","heading":"Child care facility permit or license - Criminal history","body":"records search - Foster parent eligibility.\n\nA. On and after November 1, 2013:\n\n1. Prior to the issuance of a permit or license, owners and\n\nresponsible entities making a request to establish or operate a\n\nchild care facility shall have:\n\na. an Oklahoma State Courts Network search conducted by\n\nthe Department,\n\nb. a Restricted Registry search conducted by the\n\nfacility,\n\nc. a national criminal history records search conducted\n\npursuant to paragraph 10 of this subsection,\n\nd. a criminal history records and sex offender registry\n\nsearch conducted by an authorized source, when the\n\nindividual has lived outside this state within the\n\nlast five (5) years,\n\ne. a search of the Department of Corrections' files\n\nmaintained pursuant to the Sex Offenders Registration\n\nAct and conducted by the Department of Human Services,\n\nf. a search of any available child abuse and neglect\n\nregistry within a state the individual has resided in\n\nwithin the last five (5) years,\n\ng. search of the nontechnical services worker abuse\n\nregistry maintained by the State Department of Health\n\npursuant to Section 1-1950.7 of Title 63 of the\n\nOklahoma Statutes, and\n\nh. a search of the community services worker registry\n\nmaintained by the Department of Human Services\n\npursuant to Section 1025.3 of Title 56 of the Oklahoma\n\nStatutes;\n\n2. Prior to the employment of an individual:\n\na. an Oklahoma State Courts Network search, conducted by\n\nthe Department, shall be requested and received by the\n\nfacility; provided however, if twenty-four (24) hours\n\nhas passed from the time the request to the Department\n\nwas made, the facility may initiate employment,\n\nnotwithstanding the provisions of this paragraph,\n\nb. a Restricted Registry search shall be conducted by the\n\nfacility with notification of the search submitted to\n\nthe Department,\n\nc. a national criminal history records search pursuant to\n\nparagraph 10 of this subsection shall be submitted,\n\nd. a criminal history records and sex offender registry\n\nsearch conducted by an authorized source, when the\n\nindividual has lived outside this state within the\n\nlast five (5) years, shall be submitted to the\n\nDepartment,\n\ne. a search of the Department of Corrections' files\n\nmaintained pursuant to the Sex Offenders Registration\n\nAct shall be conducted by the Department and received\n\nby the facility,\n\nf. a search of any available child abuse and neglect\n\nregistry within a state the individual has resided in\n\nwithin the last five (5) years,\n\ng. search of the nontechnical services worker abuse\n\nregistry maintained by the State Department of Health\n\npursuant to Section 1-1950.7 of Title 63 of the\n\nOklahoma Statutes, and\n\nh. a search of the community services worker registry\n\nmaintained by the Department of Human Services\n\npursuant to Section 1025.3 of Title 56 of the Oklahoma\n\nStatutes;\n\n3. Prior to allowing unsupervised access to children by\n\nemployees or individuals, including contract employees and\n\nvolunteers and excluding the exceptions in paragraph 8 of this\n\nsubsection:\n\na. Oklahoma State Courts Network search results,\n\nconducted by the Department, shall be received by the\n\nfacility,\n\nb. a Child Care Restricted Registry search shall be\n\nconducted by the facility with notification of the\n\nsearch submitted to the Department,\n\nc. national criminal history records search results\n\npursuant to paragraph 10 of this subsection shall be\n\nreceived by the facility,\n\nd. a criminal history records and sex offender registry\n\nsearch conducted by an authorized source, when the\n\nindividual has lived outside this state within the\n\nlast five (5) years shall be submitted to the\n\nDepartment,\n\ne. a search of the Department of Corrections' files\n\nmaintained pursuant to the Sex Offenders Registration\n\nAct shall be conducted by the Department and received\n\nby the facility,\n\nf. a search of any available child abuse and neglect\ny\n\nsearch conducted by an authorized source, when the\n\nindividual has lived outside this state within the\n\nlast five (5) years shall be submitted to the\n\nDepartment,\n\ne. a search of the Department of Corrections' files\n\nmaintained pursuant to the Sex Offenders Registration\n\nAct shall be conducted by the Department and received\n\nby the facility,\n\nf. a search of any available child abuse and neglect\n\nregistry within a state the individual has resided in\n\nwithin the last five (5) years,\n\ng. search of the nontechnical services worker abuse\n\nregistry maintained by the State Department of Health\n\npursuant to Section 1-1950.7 of Title 63 of the\n\nOklahoma Statutes, and\n\nh. a search of the community services worker registry\n\nmaintained by the Department of Human Services\n\npursuant to Section 1025.3 of Title 56 of the Oklahoma\n\nStatutes;\n\n4. Prior to the issuance of a permit or license and prior to\n\nthe residence of adults who subsequently move into a facility,\n\nadults living in the facility excluding the exception in paragraph 7\n\nof this subsection shall have:\n\na. an Oklahoma State Courts Network search conducted by\n\nthe Department and the facility shall be in receipt of\n\nthe search results,\n\nb. a Restricted Registry search conducted by the facility\n\nwith notification of the search submitted to the\n\nDepartment,\n\nc. a national criminal history records search conducted\n\npursuant to paragraph 10 of this subsection,\n\nd. a criminal history records and sex offender registry\n\nsearch conducted by an authorized source, when the\n\nindividual has lived outside this state within the\n\nlast five (5) years,\n\ne. a search of the Department of Corrections' files\n\nmaintained pursuant to the Sex Offenders Registration\n\nAct conducted by the Department and received by the\n\nfacility,\n\nf. a search of any available child abuse and neglect\n\nregistry within a state the individual has resided in\n\nwithin the last five (5) years,\n\ng. search of the nontechnical services worker abuse\n\nregistry maintained by the State Department of Health\n\npursuant to Section 1-1950.7 of Title 63 of the\n\nOklahoma Statutes, and\n\nh. a search of the community services worker registry\n\nmaintained by the Department of Human Services\n\npursuant to Section 1025.3 of Title 56 of the Oklahoma\n\nStatutes;\n\n5. Children who reside in the facility and turn eighteen (18)\n\nyears of age excluding the exception in paragraph 7 of this\n\nsubsection shall have:\n\na. an Oklahoma State Courts Network search conducted by\n\nthe Department,\n\nb. a Restricted Registry search conducted by the facility\n\nwith notification of the search submitted to the\n\nDepartment,\n\nc. a national criminal history records search conducted\n\npursuant to paragraph 10 of this subsection, and\n\nd. a search of the Department of Corrections' files\n\npursuant to the Sex Offenders Registration Act\n\nconducted by the Department and received by the\n\nfacility;\n\n6. Prior to review of or access to fingerprint results, owners,\n\nresponsible entities, directors, and other individuals who have\n\nreview of or access to fingerprint results shall have a national\n\ncriminal history records search pursuant to paragraph 10 of this\n\nsubsection;\n\n7. Provisions specified in paragraphs 4 and 5 of this\n\nsubsection shall not apply to residents who are receiving services\n\nfrom a residential child care facility;\n\n8. A national criminal history records search pursuant to\n\nparagraph 10 of this subsection shall not be required for volunteers\n\nwho transport children on an irregular basis when a release is\n\nsigned by the parent or legal guardian noting their understanding\n\nthat the volunteer does not have a completed national criminal\n\nhistory records search. The provisions in paragraph 3 of this\n\nsubsection shall not be required for specialized service\n\nprofessionals who are not employed by the program and have\n\nunsupervised access to a child when a release is signed by the\nbasis when a release is\n\nsigned by the parent or legal guardian noting their understanding\n\nthat the volunteer does not have a completed national criminal\n\nhistory records search. The provisions in paragraph 3 of this\n\nsubsection shall not be required for specialized service\n\nprofessionals who are not employed by the program and have\n\nunsupervised access to a child when a release is signed by the\n\nparent or legal guardian noting his or her understanding of this\n\nexception. These exceptions shall not preclude the Department from\n\nrequesting a national fingerprint or an Oklahoma State Bureau of\n\nInvestigation name-based criminal history records search or\n\ninvestigating criminal, abusive, or harmful behavior of such\n\nindividuals, if warranted;\n\n9. A national criminal history records search pursuant to\n\nparagraph 10 of this subsection shall be required on or before\n\nNovember 1, 2016, for existing owners, responsible entities,\n\nemployees, individuals with unsupervised access to children, and\n\nadults living in the facility, as of November 1, 2013, unless\n\nparagraph 6 of this subsection applies;\n\n10. The Department shall require a national criminal history\n\nrecords search based upon submission of fingerprints that shall:\n\na. be conducted by the Oklahoma State Bureau of\n\nInvestigation and the Federal Bureau of Investigation\n\npursuant to Section 150.9 of Title 74 of the Oklahoma\n\nStatutes and the federal National Child Protection Act\n\nand the federal Volunteers for Children Act with the\n\nDepartment as the authorized agency,\n\nb. be submitted and have results received between the\n\nDepartment and the Oklahoma State Bureau of\n\nInvestigation through secure electronic transmissions,\n\nc. include Oklahoma State Bureau of Investigation rap\n\nback, requiring the Oklahoma State Bureau of\n\nInvestigation to immediately notify the Department\n\nupon receipt of subsequent criminal history activity,\n\nand\n\nd. be paid by the individual or the facility;\n\n11. The Director of the Department, or designee, shall\n\npromulgate rules that may authorize an exception to the\n\nfingerprinting requirements for individuals who have a severe\n\nphysical condition which precludes such individuals from being\n\nfingerprinted;\n\n12. The Director of the Department, or designee, shall\n\npromulgate rules that ensure individuals obtain a criminal history\n\nrecords search, not to include the re-submission of fingerprints,\n\nnot less than once during each five (5) year period;\n\n13. Any individual who refuses to consent to the criminal\n\nbackground check or knowingly makes a materially-false statement in\n\nconnection with such criminal background check shall be ineligible\n\nfor ownership of, employment of or residence in a child care\n\nfacility; and\n\n14. The Office of Juvenile Affairs shall require national\n\ncriminal history records searches, as defined by Section 150.9 of\n\nTitle 74 of the Oklahoma Statutes, which shall be provided by the\n\nOklahoma State Bureau of Investigation for the purpose of obtaining\n\nthe national criminal history records search, including Rap Back\n\nnotification of and through direct request by the Office of Juvenile\n\nAffairs on behalf of any:\n\na. operator or responsible entity making a request to\n\nestablish or operate a secure detention center,\n\nmunicipal juvenile facility, community intervention\n\ncenter or secure facility licensed or certified by the\n\nOffice of Juvenile Affairs,\n\nb. employee or applicant of a secure detention center,\n\nmunicipal juvenile facility, community intervention\n\ncenter or secure facility licensed or certified by the\n\nOffice of Juvenile Affairs, or\n\nc. persons allowed unsupervised access to children,\n\nincluding contract employees or volunteers, of a\n\nsecure detention center, municipal juvenile facility,\n\ncommunity intervention center or secure facility\n\nlicensed or certified by the Office of Juvenile\n\nAffairs.\n\nB. 1. a. On and after September 1, 1998:\nion\n\ncenter or secure facility licensed or certified by the\n\nOffice of Juvenile Affairs, or\n\nc. persons allowed unsupervised access to children,\n\nincluding contract employees or volunteers, of a\n\nsecure detention center, municipal juvenile facility,\n\ncommunity intervention center or secure facility\n\nlicensed or certified by the Office of Juvenile\n\nAffairs.\n\nB. 1. a. On and after September 1, 1998:\n\n(1) any child-placing agency contracting with a\n\nperson for foster family home services or in any\n\nmanner for services for the care and supervision\n\nof children shall also, prior to executing a\n\ncontract, complete:\n\n(a) a foster parent eligibility assessment for\n\nthe foster care provider except as otherwise\n\nprovided by divisions (2) and (4) of this\n\nsubparagraph, and\n\n(b) a national criminal history records search\n\nbased upon submission of fingerprints for\n\nany adult residing in the foster family home\n\nthrough the Department of Human Services\n\npursuant to the provisions of Section 1-7-\n\n106 of Title 10A of the Oklahoma Statutes,\n\nexcept as otherwise provided by divisions\n\n(2) and (4) of this subparagraph,\n\n(2) the child-placing agency may place a child\n\npending completion of the national criminal\n\nhistory records search if the foster care\n\nprovider and every adult residing in the foster\n\nfamily home has resided in this state for at\n\nleast five (5) years immediately preceding such\n\nplacement,\n\n(3) a national criminal history records search based\n\nupon submission of fingerprints to the Oklahoma\n\nState Bureau of Investigation shall also be\n\ncompleted for any adult who subsequently moves\n\ninto the foster family home,\n\n(4) provided, however, the Director of Human Services\n\nor the Director of the Office of Juvenile\n\nAffairs, or a designee, may authorize an\n\nexception to the fingerprinting requirement for a\n\nperson residing in the home who has a severe\n\nphysical condition which precludes such person's\n\nbeing fingerprinted, and\n\n(5) any child care facility contracting with any\n\nperson for foster family home services shall\n\nrequest the Office of Juvenile Affairs to conduct\n\na juvenile justice information system review,\n\npursuant to the provisions of Sections 2-7-905\n\nand 2-7-308 of Title 10A of the Oklahoma\n\nStatutes, for any child over the age of thirteen\n\n(13) years residing in the foster family home,\n\nother than a foster child, or who subsequently\n\nmoves into the foster family home. As a\n\ncondition of contract, the child care facility\n\nshall obtain the consent of the parent or legal\n\nguardian of the child for such review.\n\nb. The provisions of this paragraph shall not apply to\n\nfoster care providers having a contract or contracting\n\nwith a child-placing agency, the Department of Human\n\nServices or the Office of Juvenile Affairs prior to\n\nSeptember 1, 1998. Such existing foster care\n\nproviders shall comply with the provisions of this\n\nsection, until otherwise provided by rules of the\n\nDepartment or by law.\n\n2. a. (1) On and after September 1, 1998, except as\n\notherwise provided in divisions (2) and (4) of\n\nthis subparagraph, prior to contracting with a\n\nfoster family home for placement of any child who\n\nis in the custody of the Department of Human\n\nServices or the Office of Juvenile Affairs, each\n\nDepartment shall complete a foster parent\n\neligibility assessment, pursuant to the\n\nprovisions of the Oklahoma Child Care Facilities\n\nLicensing Act, for such foster family applicant.\n\nIn addition, except as otherwise provided by\n\ndivisions (2) and (4) of this subparagraph, the\n\nDepartment shall complete a national criminal\n\nhistory records search based upon submission of\n\nfingerprints for any adult residing in such\n\nfoster family home.\nnt\n\neligibility assessment, pursuant to the\n\nprovisions of the Oklahoma Child Care Facilities\n\nLicensing Act, for such foster family applicant.\n\nIn addition, except as otherwise provided by\n\ndivisions (2) and (4) of this subparagraph, the\n\nDepartment shall complete a national criminal\n\nhistory records search based upon submission of\n\nfingerprints for any adult residing in such\n\nfoster family home.\n\n(2) The Department of Human Services and Office of\n\nJuvenile Affairs may place a child pending\n\ncompletion of the national criminal history\n\nrecords search if the foster care provider and\n\nevery adult residing in the foster family home\n\nhas resided in this state for at least five (5)\n\nyears immediately preceding such placement.\n\n(3) A national criminal history records search based\n\nupon submission of fingerprints conducted by the\n\nOklahoma State Bureau of Investigation shall also\n\nbe completed for any adult who subsequently moves\n\ninto the foster family home.\n\n(4) The Director of Human Services or the Director of\n\nthe Office of Juvenile Affairs or their designee\n\nmay authorize an exception to the fingerprinting\n\nrequirement for any person residing in the home\n\nwho has a severe physical condition which\n\nprecludes such person's being fingerprinted.\n\nb. The provisions of this paragraph shall not apply to\n\nfoster care providers having a contract or contracting\n\nwith a child-placing agency, the Department of Human\n\nServices or the Office of Juvenile Affairs prior to\n\nSeptember 1, 1998. Such existing foster care\n\nproviders shall comply with the provisions of this\n\nsection, until otherwise provided by rules of the\n\nDepartment or by law.\n\n3. The Department of Human Services or the Office of Juvenile\n\nAffairs shall provide for a juvenile justice information system\n\nreview pursuant to Section 2-7-308 of Title 10A of the Oklahoma\n\nStatutes for any child over the age of thirteen (13) years residing\n\nin a foster family home, other than the foster child, or who\n\nsubsequently moves into the foster family home.\n\nC. The Department or the Board of Juvenile Affairs shall\n\npromulgate rules to identify circumstances when a criminal history\n\nrecords search or foster parent eligibility assessment for an\n\napplicant or contractor, or any person over the age of thirteen (13)\n\nyears residing in a private residence in which a child care facility\n\nis located, shall be expanded beyond the records search conducted by\n\nthe Oklahoma State Bureau of Investigation or as otherwise provided\n\npursuant to this section.\n\nD. Except as otherwise provided by the Oklahoma Children's Code\n\nand subsection F of this section, a conviction for a crime shall not\n\nbe an absolute bar to employment, but shall be considered in\n\nrelation to specific employment duties and responsibilities.\n\nE. 1. Information received pursuant to this section by an\n\nowner, administrator, or responsible entity of a child care\n\nfacility, shall be maintained in a confidential manner pursuant to\n\napplicable state and federal laws.\n\n2. The information, along with any other information relevant\n\nto the ability of the individual to perform tasks that require\n\ndirect contact with children, may be released to another child care\n\nfacility in response to a request from the child care facility that\n\nis considering employing or contracting with the individual unless\n\ndeemed confidential by state and federal laws.\n\n3. Requirements for confidentiality and recordkeeping with\n\nregard to the information shall be the same for the child care\n\nfacility receiving the information in response to a request as those\n\nprovided for in paragraph 1 of this subsection for the child care\n\nfacility releasing such information.\n\n4. Information received by any facility certified by the Office\n\nof Juvenile Affairs may be released to another facility certified by\n\nthe Office if an individual is being considered for employment or\n\ncontract, along with any other relevant information, unless the\nsponse to a request as those\n\nprovided for in paragraph 1 of this subsection for the child care\n\nfacility releasing such information.\n\n4. Information received by any facility certified by the Office\n\nof Juvenile Affairs may be released to another facility certified by\n\nthe Office if an individual is being considered for employment or\n\ncontract, along with any other relevant information, unless the\n\ninformation is deemed confidential by state or federal law. Any\n\ninformation received by the Office shall be maintained in a\n\nconfidential manner pursuant to applicable state and federal law.\n\nF. 1. It shall be unlawful for individuals who are required to\n\nregister pursuant to the Sex Offenders Registration Act to work with\n\nor provide services to children or to reside in a child care\n\nfacility and for any employer who offers or provides services to\n\nchildren to knowingly and willfully employ or contract with, or\n\nallow continued employment of or contracting with individuals who\n\nare required to register pursuant to the Sex Offenders Registration\n\nAct. Individuals required to register pursuant to the Sex Offenders\n\nRegistration Act who violate any provision of Section 401 et seq. of\n\nthis title shall, upon conviction, be guilty of a Class D1 felony\n\noffense punishable by incarceration as provided for in subsections B\n\nthrough F of Section 20N of Title 21 of the Oklahoma Statutes, or a\n\nfine of not more than Five Thousand Dollars ($5,000.00), or both\n\nsuch fine and imprisonment.\n\n2. It shall be unlawful for an individual who is the\n\nperpetrator of a substantiated finding by the Department of heinous\n\nand shocking abuse by a person responsible for a child's health,\n\nsafety, or welfare, as those terms are defined in Section 1-1-105 of\n\nTitle 10A of the Oklahoma Statutes, to work with or provide services\n\nto children or to reside in a child care facility and for any\n\nemployer who offers or provides services to children to knowingly\n\nand willfully employ or contract with, or allow continued employment\n\nof or contracting with such individual.\n\n3. Upon a determination by the Department of any violation of\n\nthe provisions of this section, the violator shall be subject to and\n\nthe Department may pursue:\n\na. an emergency order,\n\nb. license revocation or denial,\n\nc. injunctive proceedings,\n\nd. an administrative penalty not to exceed Ten Thousand\n\nDollars ($10,000.00), and\n\ne. referral for criminal proceedings.\n\n4. In addition to the penalties specified by this section, the\n\nviolator may be liable for civil damages.","path":["OK Code","Title 10"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os10.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"be556fbd4437ced2ac3f56c153c136f45cea314b69560bb51061aeba2de5336d","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10-10-404","next":"us-ok/okla.-stat.-tit.-10-10-404.2"},"notice":"GroundRules: Original legal text. Not legal advice."}