Okla. Admin. Code § 377:10-7-3.2

Current through Vol. 42, No. 8, January 2, 2025

Section 377:10-7-3.2 - Criminal history records searches and disqualifying crimes

(a)Background history records search. OJA shall conduct a records search for every person living in the household who is or becomes 18 years of age or older, which shall include all of the following:

(1) a national criminal history records search based upon submission of fingerprints that shall be conducted by the Oklahoma State Bureau of Investigation (OSBI) and the Federal Bureau of Investigation (FBI) pursuant to Section 150.9 of Title 74 of the Oklahoma Statutes;

(2) a search of the Oklahoma State Courts Network (OSCN) which may include Oklahoma District Court Records (ODCR);

(3) a search of the Department of Human Services (DHS) Child Care Restricted Registry , also known as Joshua's List;

(4) a search of the Department of Corrections (DOC) Sex Offender Registry;

(5) a search of the Department of Corrections (DOC) Violent Offender Registry, also known as the Mary Rippy Violent Crime Offenders Registry;

(6) a Motor Vehicle Report obtained from the Department of Public Safety (DPS);

(7) a search of all applicable out-of-state child abuse and neglect registries for the foster parent and any adult household member who has not lived continuously in Oklahoma for the past five (5) years as required by 10A O.S., § 1-7-111;

(A) The prospective foster home is not approved without the results for the foster parent and adult household members of the out-of-state maintained child abuse and neglect registry checks, when a registry is maintained in the applicable state;

(B) When no child abuse and neglect registry is maintained in the applicable state, OJA shall request any information that can be provided;

(8) a criminal history records search conducted by an authorized source, when any adult household member has lived outside the United States within the last five (5) years;

(9) a request for a background check from Family Advocacy for the active or retired military applicant or adult household member ; and

(10) a search of all Department of Human Services (DHS) Child Welfare records for history of child maltreatment for any adult household member .

(b)Disqualifying crimes. A prospective foster parent is not an approved placement for a juvenile if the prospective foster parent or any other person residing within the home has been convicted of any of the following felony offenses:

(1) any physical assault, battery, or a drug-related offense within a five-year period preceding the application date;

(2) child abuse or neglect;

(3) domestic abuse;

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

(5) a crime involving violence, including, but not limited to, rape, sexual assault, or homicide, but excluding those crimes specified in paragraph (1) if such crime occurred outside of the five year period.

(c)Placement restriction. OJA shall not place a juvenile with an individual subject to the Oklahoma Sex Offenders Registration Act or an individual who is married to or living with an individual subject to the Oklahoma Sex Offenders Registration Act.

(d)JOLTS record search. A search of JOLTS shall be conducted by OJA on each minor over the age of thirteen (13) years residing in the home.

(e)Early placement. OJA may place a child pending completion of the national criminal history records search if the prospective foster parent and every adult residing in the foster family home has resided in this state for at least five years immediately preceding such placement and a preliminary name-based check of each person over the age of eighteen (18) years residing in the prospective foster family home has been conducted to determine whether any adult member of the household has been arrested for or convicted of any crime.

Okla. Admin. Code § 377:10-7-3.2

Adopted by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Amended by Oklahoma Register, Volume 32, Issue 24, September 1, 2015, eff. 9/11/2015