Okla. Admin. Code § 340:110-3-283

Current through Vol. 42, No. 4, November 1, 2024

Section 340:110-3-283 - Prohibited individuals

(a)Background investigation of required individuals. The program does not allow a required individual to be the owner or responsible entity, to be employed, to live in the facility, or have:

(1) access to children, such as being present at the facility during the hours of operation, or present with the children in care while off-site, when the individual has:

(A) criminal history prohibitions;

(B) criminal history restrictions, unless a criminal history restriction waiver is granted. Individuals identified in a pending or denied restriction waiver request are prohibited; or

(C) a substantiated heinous and shocking abuse finding; or

(2) unsupervised access to children, when the individual is a Restricted Registry registrant.

(b)Background investigation of drivers. In addition to (a) of this Section, the program does not allow an individual required to obtain a background investigation to transport children when the individual has entered a plea of guilty or nolo contendere (no contest), or been convicted of driving under the influence of alcohol or drugs or another impaired driving offense within the last five years.

(c)Background of any individual. The program does not allow any individual to have access to children, such as being present at the facility during the hours of operation or present with the children in care while off-site, when the program is aware the individual has criminal history prohibitions, per Oklahoma Administrative Code (OAC) 340:110-3-282(c). However, individuals may drop-off and pick-up children in care.

(d)Behavior or health of any individual. The program does not allow any individual to have access to children or live in the facility when the individual's behavior or health could endanger children's health, safety, or well-being.

(e)Health of food service personnel. In addition to (a) and (d) of this Section, the program does not allow any individual to work in any capacity in any food service area whose health could endanger children's health, safety, or well-being, including communicable disease and infestation symptoms, other than head lice.

(f)Treating medical personnel statement. When it is reported or observed an individual has a physical, mental, or emotional condition that may negatively impact the children or impair the individual's ability to perform his or her assigned job responsibilities, the program may be required to submit to Licensing a treating medical personnel statement. Documentation is maintained, per OAC 340:110-3-281.3(b).

Okla. Admin. Code § 340:110-3-283

Added at 32 Ok Reg 704, eff 1-1-16 (emergency)

Added by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/15/2016

Amended by Oklahoma Register, Volume 40, Issue 22, August 1, 2023, eff 9/15/2023