{"data":{"id":"us-ok/okla.-stat.-tit.-74-74-150.9.2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 74, § 74-150.9.2","heading":"Requests for state and national criminal history","body":"record check for child abuse crimes.\n\nA. For purposes of this section, the following terms are\n\ndefined as follows:\n\n1. “Authorized agency” means the agency designated by statute\n\nto report, receive, or disseminate a state or national criminal\n\nhistory record check;\n\n2. “Child” means a person who is a under the age of eighteen\n\n(18) years;\n\n3. “Care” means the provision of care, treatment, education,\n\ntraining, instruction, supervision, or recreation to children, the\n\nelderly, or individuals with disabilities;\n\n4. “Covered individual” means a person who:\n\na. has, seeks to have, or may have access to children,\n\nthe elderly, or individuals with disabilities, served\n\nby a qualified entity, and\n\nb. (1) is employed by or volunteers with, or seeks to be\n\nemployed by or volunteer with, a qualified\n\nentity, or\n\n(2) owns or operates, or seeks to own or operate, a\n\nqualified entity;\n\n5. “Employed by” means to be paid to provide or seek to provide\n\ncare services for a qualified entity, regardless of being paid\n\ndirectly by the qualified entity or by an entity contracted by the\n\nqualified entity to provide care;\n\n6. “Individuals with disabilities” means persons with a mental\n\nor physical impairment who require assistance to perform one or more\n\ndaily living tasks;\n\n7. “National criminal history record check system” means the\n\ncriminal history record system maintained by the Federal Bureau of\n\nInvestigation (FBI) based on fingerprint identification or any other\n\nmethod of positive identification; and\n\n8. “Qualified entity” means a business or organization whether\n\npublic, private, for-profit, not-for-profit, or voluntary, that\n\nprovides care or care placement services, including a business or\n\norganization that licenses or certifies others to provide care or\n\ncare placement services.\n\nB. The Director of the Oklahoma State Bureau of Investigation\n\n(OSBI) shall develop procedures in accordance with the federal\n\nNational Child Protection Act of 1993 and the federal Volunteers for\n\nChildren Act to enable a qualified entity to request a state and\n\nnational criminal history record check to determine whether a\n\ncovered individual is the subject of any child abuse crime.\n\nC. The request for a state and national criminal history record\n\ncheck shall be made by:\n\n1. Electronically submitting the fingerprints of the covered\n\nindividual to the OSBI as directed by the authorized agency; and\n\n2. Submitting to the authorized agency a copy of a statement\n\nsigned by the covered individual that includes:\n\na. a waiver permitting the qualified entity to request\n\nand receive a criminal history record check for the\n\npurpose of determining the qualification and fitness\n\nof a person to serve as a covered individual,\n\nb. the name, address, and date of birth of the covered\n\nindividual as it appears on a valid identification\n\ndocument,\n\nc. a disclosure of whether the individual has ever been\n\nconvicted of or is the subject of pending charges for\n\na criminal offense and, if convicted, a description of\n\nthe crime and the result of the conviction, and\n\nd. a notice to the individual that he or she is entitled\n\nto obtain a copy of the criminal history record check\n\nto verify the accuracy and completeness of any\n\ninformation contained in such report before a\n\ndetermination is made by the qualified entity.\n\nD. An authorized agency shall require a qualified entity to\n\nobtain fingerprints from a covered individual and to submit the\n\nfingerprints to the OSBI and the FBI for a state and national\n\ncriminal history record check. The OSBI shall use the fingerprints\n\nto identify the individual and to determine whether he or she has a\n\nrecord of criminal history in this state or other jurisdictions or\n\ncountries. The OSBI will provide results of the criminal history\n\nrecord check to the authorized agency. The authorized agency may\nfingerprints to the OSBI and the FBI for a state and national\n\ncriminal history record check. The OSBI shall use the fingerprints\n\nto identify the individual and to determine whether he or she has a\n\nrecord of criminal history in this state or other jurisdictions or\n\ncountries. The OSBI will provide results of the criminal history\n\nrecord check to the authorized agency. The authorized agency may\n\nuse the information obtained from the fingerprints and such state\n\nand national criminal history record checks in the official\n\ndetermination of the qualifications and fitness of the person to\n\nserve as a covered individual.\n\nE. The authorized agency shall be solely responsible for making\n\nany determination that a criminal history record of a person shows\n\nthat such person has been convicted of a crime that bears upon the\n\nfitness of such person to serve as a provider. This section does\n\nnot require the OSBI to make such a determination on behalf of any\n\nauthorized agency.\n\nF. This section shall only apply to covered individuals and\n\nqualified entities as defined in this section. This section shall\n\nnot be construed to replace, supersede, or in any way affect any\n\nstate law that requires a national criminal history record check,\n\nprescribes procedures for a national criminal history record check\n\nrequired by state law, or precludes an individual from employment\n\nbased on the results of a national criminal history record check\n\nrequired by state law.","path":["OK Code","Title 74"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os74.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"e178ad195e7b8932da9803ce26c05698cda19c6d5d24f4ce1e808a7eb17061f1","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-74-74-150.9.1","next":"us-ok/okla.-stat.-tit.-74-74-150.9a"},"notice":"GroundRules: Original legal text. Not legal advice."}