{"data":{"id":"us-ok/okla.-stat.-tit.-10a-10a-1-7-115","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10A, § 10A-1-7-115","heading":"Emergency placement home - Criminal records check","body":"A. When it is necessary for a child to be removed from the home\n\ndue to allegations of child abuse or neglect, the Department of\n\nHuman Services may consider whether another home would be suitable\n\nfor the child as an emergency placement pending further court\n\nproceedings. In determining the suitability of the emergency\n\nplacement home, the Department may elect to contract or otherwise\n\ncollaborate with law enforcement agencies to perform a name-based\n\nstate and federal criminal history records check followed by\n\nfingerprint verification in accordance with the procedures set forth\n\nin 28 C.F.R., Section 901 et seq., and this section.\n\nB. When a child is taken into protective custody by a law\n\nenforcement officer or when the court places emergency custody of a\n\nchild with the Department pursuant to the provisions of the Oklahoma\n\nChildren’s Code and an emergency placement for the child is\n\nidentified, a preliminary Federal Bureau of Investigation Interstate\n\nIdentification Index name-based check of the records of criminal\n\nhistory of the members of the emergency placement household shall be\n\nconducted prior to the placement of the child in the home.\n\n1. When a child is in the emergency custody of the Department,\n\nthe Department or its approved designee may conduct a preliminary\n\nname-based check of certain records including full orders of\n\nprotection and outstanding warrants, of each person over the age of\n\neighteen (18) years residing in the identified potential emergency\n\nplacement home where the child may be placed to determine whether\n\nany adult member of the household has been arrested for or convicted\n\nof any crime.\n\n2. When the child is in protective custody of law enforcement\n\nor when requested by the Department or its approved designee, a law\n\nenforcement agency shall immediately conduct the same type of\n\ncriminal records search as described in paragraph 1 of this\n\nsubsection and shall provide the Department with a verbal response\n\nof each person’s criminal history and whether any orders of\n\nprotection or outstanding warrants exist.\n\nC. 1. Following a name-based criminal records check conducted\n\npursuant to this section, and within five (5) business days\n\nimmediately after the child has entered the emergency placement\n\nhome, all persons residing in the home who are over the age of\n\neighteen (18) years and those persons who are under the age of\n\neighteen (18) years and have been certified as an adult for the\n\ncommission of a crime, shall submit a full set of fingerprints to\n\nthe Department and provide written permission authorizing the\n\nDepartment to forward the fingerprints to the Oklahoma State Bureau\n\nof Investigation for submission to the Federal Bureau of\n\nInvestigation for criminal records report.\n\n2. The Department shall forward the fingerprints to the\n\nOklahoma State Bureau of Investigation within fifteen (15) calendar\n\ndays after the results of the preliminary Federal Bureau of\n\nInvestigation Interstate Identification Index name-based records\n\ncheck are received. The failure of any person to submit to a\n\nfingerprint-based criminal records check within five (5) business\n\ndays immediately after emergency placement of the child shall result\n\nin the immediate removal of the child from the emergency placement\n\nhome.\n\nD. The costs associated with fingerprinting requirements of\n\nthis section shall be paid by the Department.","path":["OK Code","Title 10A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os10A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"70d2fd98f878b98140b1d9964e511e18e30fababc1e1755265341f97eaddf83a","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10a-10a-1-7-114","next":"us-ok/okla.-stat.-tit.-10a-10a-1-7-116"},"notice":"GroundRules: Original legal text. Not legal advice."}