Okla. Admin. Code § 340:75-15-84.1

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

Section 340:75-15-84.1 - Background information search

(a)Background checks.

(1)Mandate to conduct background searches.

(A) Oklahoma Human Services (OKDHS) is mandated to conduct a criminal background and child abuse and neglect information system (CANIS) search for OKDHS and private adoptive applicants and adult household members, 18 years of age and older, per Section 7505-5.3 of Title 10 of the Oklahoma Statutes (10 O.S. § 7505-5.3).

(B) The background search for OKDHS adoptive applicants and adult household members includes a search of:

(i) Oklahoma State Bureau of Investigation (OSBI) name and criminal records histories;

(ii) the Oklahoma Sex Offender Registry;

(iii) the Mary Rippy Violent Crime Offender Registry;

(iv) the Oklahoma Department of Corrections (DOC) offender information;

(v) Federal Bureau of Investigations (FBI) national criminal history records based on the applicant's and each adult household member's fingerprints;

(vi) the applicant's or adult household member's involvement as a party in any court action found on the:

(I) Oklahoma State Courts Network (OSCN); or

(II) Oklahoma District Court Records (ODCR);

(vii) Oklahoma Department of Public Safety records;

(viii) OKDHS records including child welfare records involving the applicant and each adult household member; and

(ix) applicable out-of-state child abuse and neglect registries when the applicant or adult household member has not lived continuously in Oklahoma for the past five years.

(I) When a child abuse and neglect registry is not maintained in the applicable state, the resource specialist requests any information that can be provided.

(II) The applicant is not approved without state-maintained child abuse and neglect registry searches when a registry is maintained in the applicable state;

(x) the Restricted Registry;

(xi) the Oklahoma State Department of Health Nontechnical Services Worker Abuse Registry;

(xii) the Community Services Worker Registry; and

(xiii) Juvenile Online Tracking System (JOLTS) records for any child not in OKDHS custody, 13 through 17 years of age, living in the home.

(2)CANIS and the private adoptive applicant. The private adoptive applicant, adoption agency, or another person authorized to conduct home study investigations:

(A) completes a written request for a CANIS search using Form 04AN028E, Request for Child Abuse and Neglect Information System Search; and

(B) submits Form 04AN028E, with verification of impending adoption, to the Child Protective Services Programs Unit as directed on the form.

(3)Exception to fingerprinting. The OKDHS Director or designee may authorize an exception to the fingerprinting requirement and authorize use of an alternative procedure for obtaining a national criminal history records search for any OKDHS and private adoptive applicant or adult household member, who has a severe condition that precludes him or her from fingerprinting, per 10A O.S. § 1-7-111. In limited, case-specific circumstances, OKDHS may not be able to obtain:

(A) an individual's fingerprints as a result of his or her disability; or

(B) legible fingerprints due to low quality, as a result of age, occupation, or other conditions, making it impossible for the National Crime Information Center to provide results.

(b)Felony convictions.

(1) Per Section 1356.30 of Title 45 of the Code of Federal Regulations, OKDHS does not approve prospective adoptive parents as resource parents when the applicant or any person residing in the prospective applicant's home has a criminal conviction record for any of the felony offenses listed in (A) through (E) of this paragraph. The felony offenses are:

(A) physical assault, battery, or a drug-related offense, when the conviction occurs within the five-year period preceding the petition date;

(B) child abuse or neglect;

(C) spousal abuse or domestic abuse, per 10A O.S. § 1-4-705;

(D) a crime against a child including, but not limited to, child pornography; or

(E) a crime involving violence including, but not limited to, rape, sexual assault, or homicide, but excluding physical assault or battery. Per Section 16 of Title 18 of the United States Code, a crime involving violence means an offense that:

(i) has an element of the use, attempted use, or threatened use of physical force against the person or property of another; or

(ii) by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.

(2) Per 10 O.S. § 7505-6.3, the court may choose to accept an individual as a prospective adoptive parent for placement who has a felony conviction listed in (1)(A) and (1)(C) of this subsection, when an evaluation of the individual considers the:

(A) crime's nature and seriousness in relation to the adoption;

(B) time elapsed since the crime's commission;

(C) circumstances under which the crime was committed;

(D) degree of rehabilitation;

(E) number of crimes committed; and

(F) showing by clear and convincing evidence that the child will not be at risk by such placement.

(c)Sex-related crimes. OKDHS denies the application to become a resource parent, when an applicant:

(1) or any person residing in the applicant's home has a conviction for any crime, felony or misdemeanor, specified in 57 O.S. § 582, whether the conviction occurred upon a:

(A) verdict;

(B) plea of guilty; or

(C) plea of nolo contendere; or

(2) is subject to, living with, or married to a person who is subject to the Oklahoma Sex Offender Registration Act.

(d)Restricted Registry. OKDHS denies the application to become an adoptive parent, when the applicant is a registrant on the Restricted Registry, per 10 O.S. § 405.3.

Okla. Admin. Code § 340:75-15-84.1

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

Amended by Oklahoma Register, Volume 36, Issue 24, September 3, 2019, eff. 9/16/2019

Amended by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 9/15/2020

Amended by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/15/2021

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/15/2022