Okla. Admin. Code § 340:2-46-5

Current through Vol. 42, No. 7, December 16, 2024

Section 340:2-46-5 - Background investigations process for child care programs

(a)Fingerprint process.

(1)Background check review packet. Oklahoma Human Services (OKDHS) makes background check review packets available to individuals and child care programs.

(2)Fingerprint rejections. When low quality fingerprints, as determined by the Oklahoma State Bureau of Investigation (OSBI), the Federal Bureau of Investigation (FBI), or both make it impossible for the national crime information databases to provide results, a national name-based search may be authorized.

(3)Fingerprint exceptions. When OKDHS Office of Background Investigations (OBI) receives a written request for a fingerprint exception from an individual, who has a severe physical condition precluding the individual from being fingerprinted, a state name-based search may be authorized. Individuals that resided outside of Oklahoma within the past five years must provide a name-based search from the state where they resided.

(b)Background check process.

(1)Background check review requests.

(A) Upon receipt of completed Form 19MP006E, Background Check Review Request, or an electronic background check request, OBI conducts a background check review.

(B) Upon receipt of an incomplete Form 19MP006E, or an electronic background check request, OBI sends the program notification of an incomplete request.

(2)Background check review results.

(A) OBI processes background check requests:

(i) within the time allowed under federal regulations; or

(ii) next OKDHS-business day for new programs in application status.

(B) OBI disseminates the:

(i) background check results;

(ii) criminal history record information (CHRI), when applicable; and

(iii) dispute resolution documents, when applicable.

(c)Criminal history records dispute process.

(1)Dispute rights. When state and national CHRI are disseminated, OBI notifies individuals of the right to dispute the completeness and accuracy of the CHRI.

(2)Reasonable time. Individuals are given a reasonable time to dispute CHRI, prior to a final employment determination.

(d)Five-year reassessment. Programs must obtain a background check on required individuals every five years, per applicable Child Care Services (CCS) Licensing requirements.

(e)Record of Arrest and Prosecution (RAP) RAP Back process.

(1)RAP Back notifications. RAP Back is a notification from OSBI or FBI of subsequent arrests or prosecutions of individuals who have had the CCS fingerprint-based national criminal history checks. OBI submits a request to the state repository to stop sending RAP Back on individuals, who:

(A) are ineligible to be associated with any program; and

(B) have not been associated with a program for two or more years.

(2)RAP Back criminal history review results. Upon receipt of RAP Back, OBI reviews the notification to determine if the record reflects arrests or prosecutions. OBI simultaneously disseminates RAP Back results to the:

(A) programs with which the individual was last associated; and

(B) CCS, when criminal history restrictions and prohibitions are involved.

(3)Public record information. When OBI becomes aware of additional arrests, charges, or convictions, OBI validates the information through public records and processes a new background check result.

(f)Qualified entity (QE) standards.

(1)Agreement compliance. OBI maintains QE standards for OKDHS according to the user agreement with OSBI.

(2)QE status. QE status may be achieved by a:

(A) program;

(B) general administrative office (GAO) on behalf of one or more programs; and

(C) temporary hiring agency (THA) used for child care substitutes.

(3)Dissemination to a QE. OBI only disseminates national CHRI to a program, GAO, or THA identified as a QE that has written consent from the fingerprinted individual.

(4)Audits. OBI periodically audits QEs to verify compliance with standards.

(5)Violations. When QE standards violations are:

(A) identified during an audit, OBI follows the audit process; or

(B) reported by individuals, OBI conducts an investigation.

(6)QE status termination. The QE status may be terminated, when the QE:

(A) no longer meets QE criteria including following the QE agreement;

(B) does not cooperate with the audit process or an investigation; or

(C) does not correct QE standards violations within an agreed upon time and manner.

(g)Restricted Registry referrals. When OBI determines an individual meets criteria for the Restricted Registry, per Oklahoma Administrative Code 340:110-1-10.1(b)(1) through (5), the information is forwarded to Restricted Registry staff.

(h)Out-of-state inquiries. OBI coordinates background check inquiries when requested by an out-of-state agency.

Okla. Admin. Code § 340:2-46-5

Adopted by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/17/2018

Amended by Oklahoma Register, Volume 41, Issue 23, August 15, 2024, eff. 9/16/2024