Oklahoma 2022 Regular Session

Oklahoma House Bill HB1797 Compare Versions

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Version 2 (New)

Old	New		Differences
1		-	An Act
2		-	ENROLLED HOUSE
3		-	BILL NO. 1797 By: Miller and Lawson of the
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	27	+
	28	+	STATE OF OKLAHOMA
	29	+
	30	+	1st Session of the 58th Legislature (2021)
	31	+
	32	+	CONFERENCE COMMITTEE
	33	+	SUBSTITUTE
	34	+	FOR ENGROSSED
	35	+	HOUSE BILL NO. 1797 By: Miller and Lawson of the
4	36		House
5	37
6	38		and
7	39
8	40		Garvin of the Senate
9	41
10	42
11	43
12	44
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	46	+	CONFERENCE COMMITTEE SUBSTITUTE
14	47
15	48		An Act relating to child care facilities; amending 10
16	49		O.S. 2011, Section 404.1, as last amended by Section
17	50		1, Chapter 109, O.S.L. 2017 (10 O.S. Supp. 2020,
18	51		Section 404.1), which relates to criminal history
19	52		searches; prohibiting employment of perpetrator with
20	53		substantiated finding of heinous and shocking abuse;
21	54		amending 10 O.S. 2011, Section 406, as last amended
22	55		by Section 1, Chapter 368, O.S.L. 2019 (10 O.S. Supp.
23	56		2020, Section 406), which relates to investigations
24	57		of child care facilities; requiring notification when
25	58		there is a substantiated finding of heinous and
26	59		shocking abuse; prescribing method and timing for
27	60		notification; and providing an effective date.
28	61
29	62
30	63
31	64
32		-	SUBJECT: Child care facilities
33	65
34	66		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
35		-
36	67		SECTION 1. AMENDATORY 10 O.S. 2 011, Section 404.1, as
37	68		last amended by Section 1, Chapter 109, O.S.L. 2017 (10 O.S. Supp.
38	69		2020, Section 404.1), is amended to read as follows:
	70	+	Section 404.1 A. On and after November 1, 2013:
39	71
40		-	Section 404.1 A. On and after November 1, 2013:
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41	96
42	97		1. Prior to the issuance of a permit or license, owners and
43	98		responsible entities making a request to establish or operate a
44	99		child care facility shall have:
45		-	ENR. H. B. NO. 1797 Page 2
46	100		a. an Oklahoma State Courts Network search conducted by
47	101		the Department,
48		-
49	102		b. a Restricted Registry search conducted by the
50	103		facility,
51		-
52	104		c. a national criminal history records search conducted
53	105		pursuant to paragraph 10 of this subsection,
54		-
55	106		d. a criminal history records and sex offender registry
56	107		search conducted by an authorized source, when the
57	108		individual has lived outside this state within the
58	109		last five (5) years,
59		-
60	110		e. a search of the Department of Corrections' files
61	111		maintained pursuant to the Sex Offenders Registration
62	112		Act and conducted by the Department of Human Services,
63		-
64	113		f. a search of any available child abuse and neglect
65	114		registry within a state the individual has reside d in
66	115		within the last five (5) years,
67		-
68	116		g. search of the nontechnical services worker abuse
69	117		registry maintained by the State Department of Health
70	118		pursuant to Section 1 -1950.7 of Title 63 of the
71	119		Oklahoma Statutes, and
72	120
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73	146		h. a search of the community services work er registry
74	147		maintained by the Department of Human Services
75	148		pursuant to Section 1025.3 of Title 56 of the Oklahoma
76	149		Statutes;
77		-
78	150		2. Prior to the employment of an individual:
79		-
80	151		a. an Oklahoma State Courts Network search, conducted by
81	152		the Department, shall be requ ested and received by the
82	153		facility; provided however, if twenty -four (24) hours
83	154		has passed from the time the request to the Department
84	155		was made, the facility may initiate employment,
85	156		notwithstanding the provisions of this paragraph,
86		-
87	157		b. a Restricted Registr y search shall be conducted by the
88	158		facility with notification of the search submitted to
89	159		the Department,
90		-	ENR. H. B. NO. 1797 Page 3
91	160		c. a national criminal history records search pursuant to
92	161		paragraph 10 of this subsection shall be submitted,
93		-
94	162		d. a criminal history records and sex off ender registry
95	163		search conducted by an authorized source, when the
96	164		individual has lived outside this state within the
97	165		last five (5) years, shall be submitted to the
98	166		Department,
	167	+	e. a search of the Department of Corrections' files
	168	+	maintained pursuant to the S ex Offenders Registration
99	169
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	195	+	Act shall be conducted by the Department and received
	196	+	by the facility,
	197	+	f. a search of any available child abuse and neglect
	198	+	registry within a state the individual has resided in
	199	+	within the last five (5) years,
	200	+	g. search of the nontechnical services worker abuse
	201	+	registry maintained by the State Department of Health
	202	+	pursuant to Section 1 -1950.7 of Title 63 of the
	203	+	Oklahoma Statutes, and
	204	+	h. a search of the community services worker registry
	205	+	maintained by the Department of Human Service s
	206	+	pursuant to Section 1025.3 of Title 56 of the Oklahoma
	207	+	Statutes;
	208	+	3. Prior to allowing unsupervised access to children by
	209	+	employees or individuals, including contract employees and
	210	+	volunteers and excluding the exceptions in paragraph 8 of this
	211	+	subsection:
	212	+	a. Oklahoma State Courts Network search results,
	213	+	conducted by the Department, shall be received by the
	214	+	facility,
	215	+	b. a Child Care Restricted Registry search shall be
	216	+	conducted by the facility with notification of the
	217	+	search submitted to the Department,
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	244	+	c. national criminal history records search results
	245	+	pursuant to paragraph 10 of this subsection shall be
	246	+	received by the facility,
	247	+	d. a criminal history records and sex offender registry
	248	+	search conducted by an authorized source, when the
	249	+	individual has lived outside this state within the
	250	+	last five (5) years shall be submitted to the
	251	+	Department,
100	252		e. a search of the Department of Corrections' files
101	253		maintained pursuant to the Sex Offenders Registration
102	254		Act shall be conducted by the Department and received
103	255		by the facility,
104		-
105	256		f. a search of any available child abuse and neglect
106	257		registry within a state the individual has resided in
107	258		within the last five (5) years,
	259	+	g. search of the nontechnical services worker abuse
	260	+	registry maintained by the State Department of Health
	261	+	pursuant to Section 1 -1950.7 of Title 63 of the
	262	+	Oklahoma Statutes, and
	263	+	h. a search of the community services worker registry
	264	+	maintained by the Department of Human Services
	265	+	pursuant to Section 1025.3 of Title 56 of the Oklahoma
	266	+	Statutes;
	267	+
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	293	+	4. Prior to the iss uance of a permit or license and prior to
	294	+	the residence of adults who subsequently move into a facility,
	295	+	adults living in the facility excluding the exception in paragraph 7
	296	+	of this subsection shall have:
	297	+	a. an Oklahoma State Courts Network search conducte d by
	298	+	the Department and the facility shall be in receipt of
	299	+	the search results,
	300	+	b. a Restricted Registry search conducted by the facility
	301	+	with notification of the search submitted to the
	302	+	Department,
	303	+	c. a national criminal history records search conducted
	304	+	pursuant to paragraph 10 of this subsection,
	305	+	d. a criminal history records and sex offender registry
	306	+	search conducted by an authorized source, when the
	307	+	individual has lived outside this state within the
	308	+	last five (5) years,
	309	+	e. a search of the Department of Corrections' files
	310	+	maintained pursuant to the Sex Offenders Registration
	311	+	Act conducted by the Department and received by the
	312	+	facility,
	313	+	f. a search of any available child abuse and neglect
	314	+	registry within a state the individual has resided in
	315	+	within the last five (5) years,
	316	+
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108	341
109	342		g. search of the nontechnical services worker abuse
110	343		registry maintained by the State Department of Health
111	344		pursuant to Section 1 -1950.7 of Title 63 of the
112	345		Oklahoma Statutes, and
113		-
114	346		h. a search of the community services worker registry
115	347		maintained by the Department of Human Services
116	348		pursuant to Section 1025.3 of Title 56 of the Oklahoma
117	349		Statutes;
118		-
119		-	3. Prior to allowing unsupervised access to children by
120		-	employees or individuals, including contract employees and
121		-	volunteers and excluding the exceptions in paragraph 8 of this
122		-	subsection:
123		-
124		-	a. Oklahoma State Courts Network search results,
125		-	conducted by the Department, shall be received by the
126		-	facility,
127		-
128		-	b. a Child Care Restricted Registry search shall be
129		-	conducted by the facility with notification of the
130		-	search submitted to the Department,
131		-
132		-	c. national criminal history records search results
133		-	pursuant to paragraph 10 of this subsection shall be
134		-	received by the facility,
135		-	ENR. H. B. NO. 1797 Page 4
136		-	d. a criminal history records and sex offender registry
137		-	search conducted by an authorized source, when the
138		-	individual has lived outside this state within the
139		-	last five (5) years shall be submitted to the
140		-	Department,
141		-
142		-	e. a search of the Department of Corrections' files
143		-	maintained pursuant to the Sex Offenders Registration
144		-	Act shall be conducted by the Department and received
145		-	by the facility,
146		-
147		-	f. a search of any available child abuse and neglect
148		-	registry within a state the individual has resided in
149		-	within the last five (5) years,
150		-
151		-	g. search of the nontechnical services worker abuse
152		-	registry maintained by the State Department of Health
153		-	pursuant to Section 1 -1950.7 of Title 63 of the
154		-	Oklahoma Statutes, and
155		-
156		-	h. a search of the community services worker registry
157		-	maintained by the Department of Human Services
158		-	pursuant to Section 1025.3 of Title 56 of the Oklahoma
159		-	Statutes;
160		-
161		-	4. Prior to the issuance of a permit or license and prior to
162		-	the residence of adults who s ubsequently move into a facility,
163		-	adults living in the facility excluding the exception in paragraph 7
164		-	of this subsection shall have:
165		-
	350	+	5. Children who reside in the facility and turn eighteen (18)
	351	+	years of age excluding the exception in paragraph 7 of this
	352	+	subsection shall have:
166	353		a. an Oklahoma State Courts Network search conducted by
167		-	the Department and the facility shall be in receipt of
168		-	the search results,
169		-
	354	+	the Department,
170	355		b. a Restricted Registry search conducted by the facility
171	356		with notification of the search submitted to the
172	357		Department,
173		-
174		-	c. a national criminal history records search conducted
175		-	pursuant to paragraph 10 of this subsection,
176		-
177		-	d. a criminal history r ecords and sex offender registry
178		-	search conducted by an authorized source, when the
179		-	individual has lived outside this state within the
180		-	last five (5) years, ENR. H. B. NO. 1797 Page 5
181		-
182		-	e. a search of the Department of Corrections' files
183		-	maintained pursuant to the Sex Offenders Regist ration
184		-	Act conducted by the Department and received by the
185		-	facility,
186		-
187		-	f. a search of any available child abuse and neglect
188		-	registry within a state the individual has resided in
189		-	within the last five (5) years,
190		-
191		-	g. search of the nontechnical services worker abuse
192		-	registry maintained by the State Department of Health
193		-	pursuant to Section 1 -1950.7 of Title 63 of the
194		-	Oklahoma Statutes, and
195		-
196		-	h. a search of the community services worker registry
197		-	maintained by the Department of Human Services
198		-	pursuant to Section 102 5.3 of Title 56 of the Oklahoma
199		-	Statutes;
200		-
201		-	5. Children who reside in the facility and turn eighteen (18)
202		-	years of age excluding the exception in paragraph 7 of this
203		-	subsection shall have:
204		-
205		-	a. an Oklahoma State Courts Network search conducted by
206		-	the Department,
207		-
208		-	b. a Restricted Registry search conducted by the facility
209		-	with notification of the search submitted to the
210		-	Department,
211		-
212	358		c. a national criminal history records search conducted
213	359		pursuant to paragraph 10 of this subsection, and
214		-
215	360		d. a search of the Department of Corrections' files
216	361		pursuant to the Sex Offenders Registration Act
217	362		conducted by the Department and received by the
218	363		facility;
219		-
220	364		6. Prior to review of or access to fingerprint results, owners,
221	365		responsible entities, directors, and other individuals who have
	366	+
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222	392		review of or access to fingerprint results shall have a national
223	393		criminal history records search pursuant to paragraph 10 of this
224	394		subsection;
225		-	ENR. H. B. NO. 1797 Page 6
226	395		7. Provisions specified in paragraphs 4 and 5 of this
227	396		subsection shall not apply to residents who are receiving services
228	397		from a residential child care facility;
229		-
230	398		8. A national criminal history records search pursuant to
231	399		paragraph 10 of this subsection shall not be required for volunteers
232	400		who transport children on an irregular basis when a release is
233	401		signed by the parent or legal guardian noting their understanding
234	402		that the volunteer does not have a completed national criminal
235	403		history records search. The provisions in paragraph 3 of this
236	404		subsection shall not be required for specialized service
237	405		professionals who are not employed by the program and have
238	406		unsupervised access to a child when a release is signed by the
239	407		parent or legal guardian noting his or her understanding of this
240	408		exception. These exceptions shall not preclude the Department from
241	409		requesting a national fingerprint or an Oklahoma State Bureau of
242	410		Investigation name-based criminal history records search or
243	411		investigating criminal, abusive, or harmful behavior of such
244	412		individuals, if warranted;
245		-
246	413		9. A national criminal history records search pursuant to
247	414		paragraph 10 of this subsection shall be required on or before
248	415		November 1, 2016, for existing owners, responsible entities,
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249	442		employees, individuals with unsupervised access to children, and
250	443		adults living in the facility, as of November 1, 2013, unless
251	444		paragraph 6 of this subsection applies;
252		-
253	445		10. The Department shall require a national criminal history
254	446		records search based upon submission of fingerprints that shall:
255		-
256	447		a. be conducted by the Oklahoma State Bureau of
257	448		Investigation and the Federal Bureau of Investigation
258	449		pursuant to Section 150.9 of Title 74 of the Oklahoma
259	450		Statutes and the federal National Child Protection Act
260	451		and the federal Volunteers for Children Act with the
261	452		Department as the authorized a gency,
262		-
263	453		b. be submitted and have results received between the
264	454		Department and the Oklahoma State Bureau of
265	455		Investigation through secure electronic transmissions,
266		-
267	456		c. include Oklahoma State Bureau of Investigation rap
268	457		back, requiring the Oklahoma State Bureau of
269		-	Investigation to immediately notify the ~~Departm ent ENR. H. B. NO. 1797 Page 7~~
	458	+	Investigation to immediately notify the Department
270	459		upon receipt of subsequent criminal history activity,
271	460		and
272		-
273	461		d. be paid by the individual or the facility;
274		-
275	462		11. The Director of the Department, or designee, shall
276	463		promulgate rules that may authorize an exc eption to the
277	464		fingerprinting requirements for individuals who have a severe
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278	491		physical condition which precludes such individuals from being
279	492		fingerprinted;
280		-
281	493		12. The Director of the Department, or designee, shall
282	494		promulgate rules that ensure individuals obtai n a criminal history
283	495		records search, not to include the re -submission of fingerprints,
284	496		not less than once during each five (5) year period;
285		-
286	497		13. Any individual who refuses to consent to the criminal
287	498		background check or knowingly makes a materially -false statement in
288	499		connection with such criminal background check shall be ineligible
289	500		for ownership of, employment of or residence in a child care
290	501		facility; and
291		-
292	502		14. The Office of Juvenile Affairs shall require national
293	503		criminal history records searches, as define d by Section 150.9 of
294	504		Title 74 of the Oklahoma Statutes, which shall be provided by the
295	505		Oklahoma State Bureau of Investigation for the purpose of obtaining
296	506		the national criminal history records search, including Rap Back
297	507		notification of and through direct request by the Office of Juvenile
298	508		Affairs on behalf of any:
299		-
300	509		a. operator or responsible entity making a request to
301	510		establish or operate a secure detention center,
302	511		municipal juvenile facility, community intervention
303	512		center or secure facility licensed or cert ified by the
304	513		Office of Juvenile Affairs,
305	514
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306	540		b. employee or applicant of a secure detention center,
307	541		municipal juvenile facility, community intervention
308	542		center or secure facility licensed or certified by the
309	543		Office of Juvenile Affairs, or
310		-
311	544		c. persons allowed unsupervised access to children,
312	545		including contract employees or volunteers, of a
313	546		secure detention center, municipal juvenile facility,
314		-	community intervention center or secure facility ~~ENR. H. B. NO. 1797 Page 8~~
	547	+	community intervention center or secure facility
315	548		licensed or certified by the Office of Juvenile
316	549		Affairs.
317		-
318	550		B. 1. a. On and after September 1, 1998:
319		-
320	551		(1) any child-placing agency contracting with a
321	552		person for foster family home services or in any
322	553		manner for services for the care and supervision
323	554		of children shall also, prior to executing a
324	555		contract, complete:
325		-
326	556		(a) a foster parent eligibility assessment for
327	557		the foster care provider except as otherwise
328	558		provided by divisions (2) and (4) of this
329	559		subparagraph, and
330		-
331	560		(b) a national criminal history records search
332	561		based upon submission of fingerprints for
333	562		any adult residing in the foster f amily home
334	563		through the Department of Human Services
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335	590		pursuant to the provisions of Section 1 -7-
336	591		106 of Title 10A of the Oklahoma Statutes,
337	592		except as otherwise provided by divisions
338	593		(2) and (4) of this subparagraph,
339		-
340	594		(2) the child-placing agency may place a ch ild
341	595		pending completion of the national criminal
342	596		history records search if the foster care
343	597		provider and every adult residing in the foster
344	598		family home has resided in this state for at
345	599		least five (5) years immediately preceding such
346	600		placement,
347		-
348	601		(3) a national criminal history records search based
349	602		upon submission of fingerprints to the Oklahoma
350	603		State Bureau of Investigation shall also be
351	604		completed for any adult who subsequently moves
352	605		into the foster family home,
353		-
354	606		(4) provided, however, the Director of Human Serv ices
355	607		or the Director of the Office of Juvenile
356	608		Affairs, or a designee, may authorize an
357	609		exception to the fingerprinting requirement for a
358		-	person residing in the home who has a severe ~~ENR. H. B. NO. 1797 Page 9~~
	610	+	person residing in the home who has a severe
359	611		physical condition which precludes such person's
360	612		being fingerprinted, and
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361	638
362	639		(5) any child care facility contracting with any
363	640		person for foster family home services shall
364	641		request the Office of Juvenile Affairs to conduct
365	642		a juvenile justice information system review,
366	643		pursuant to the provisions of Sections 2 -7-905
367	644		and 2-7-308 of Title 10A of the Oklahoma
368	645		Statutes, for any child over the age of thirteen
369	646		(13) years residing in the foster family home,
370	647		other than a foster child, or who subsequently
371	648		moves into the foster family home. As a
372	649		condition of contract, the child care facility
373	650		shall obtain the consent of the parent or legal
374	651		guardian of the child for such review.
375		-
376	652		b. The provisions of this paragraph shall not apply to
377	653		foster care providers having a contract or contracting
378	654		with a child-placing agency, the Department of Human
379	655		Services or the Office of Juvenile Affairs prior to
380	656		September 1, 1998. Such existing foster care
381	657		providers shall comply with the provisions of this
382	658		section, until otherwise provided by rules of the
383	659		Department or by law.
384		-
385	660		2. a. (1) On and after September 1, 1998, e xcept as
386	661		otherwise provided in divisions (2) and (4) of
387	662		this subparagraph, prior to contracting with a
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388	689		foster family home for placement of any child who
389	690		is in the custody of the Department of Human
390	691		Services or the Office of Juvenile Affairs, each
391	692		Department shall complete a foster parent
392	693		eligibility assessment, pursuant to the
393	694		provisions of the Oklahoma Child Care Facilities
394	695		Licensing Act, for such foster family applicant.
395	696		In addition, except as otherwise provided by
396	697		divisions (2) and (4) of this subparagr aph, the
397	698		Department shall complete a national criminal
398	699		history records search based upon submission of
399	700		fingerprints for any adult residing in such
400	701		foster family home.
401		-
402	702		(2) The Department of Human Services and Office of
403		-	Juvenile Affairs may place a child ~~pending ENR. H. B. NO. 1797 Page 10~~
	703	+	Juvenile Affairs may place a child pen ding
404	704		completion of the national criminal history
405	705		records search if the foster care provider and
406	706		every adult residing in the foster family home
407	707		has resided in this state for at least five (5)
408	708		years immediately preceding such placement.
409		-
410	709		(3) A national criminal history records search based
411	710		upon submission of fingerprints conducted by the
412	711		Oklahoma State Bureau of Investigation shall also
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413	738		be completed for any adult who subsequently moves
414	739		into the foster family home.
415		-
416	740		(4) The Director of Human Services or the Dire ctor of
417	741		the Office of Juvenile Affairs or their designee
418	742		may authorize an exception to the fingerprinting
419	743		requirement for any person residing in the home
420	744		who has a severe physical condition which
421	745		precludes such person's being fingerprinted.
422		-
423	746		b. The provisions of this paragraph shall not apply to
424	747		foster care providers having a contract or contracting
425	748		with a child-placing agency, the Department of Human
426	749		Services or the Office of Juvenile Affairs prior to
427	750		September 1, 1998. Such existing foster care
428	751		providers shall comply with the provisions of this
429	752		section, until otherwise provided by rules of the
430	753		Department or by law.
431		-
432	754		3. The Department of Human Services or the Office of Juvenile
433	755		Affairs shall provide for a juvenile justice information system
434	756		review pursuant to Section 2-7-308 of Title 10A of the Oklahoma
435	757		Statutes for any child over the age of thirteen (13) years residing
436	758		in a foster family home, other than the foster child, or who
437	759		subsequently moves into the foster family home.
438		-
439	760		C. The Department or the Board of Juvenile Affairs shall
440	761		promulgate rules to identify circumstances when a criminal history
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441	788		records search or foster parent eligibility assessment for an
442	789		applicant or contractor, or any person over the age of thirteen (13)
443	790		years residing in a private res idence in which a child care facility
444	791		is located, shall be expanded beyond the records search conducted by
445	792		the Oklahoma State Bureau of Investigation or as otherwise provided
446	793		pursuant to this section.
447		-	ENR. H. B. NO. 1797 Page 11
448	794		D. Except as otherwise provided by the Oklahoma Childr en's Code
449	795		and subsection F of this section, a conviction for a crime shall not
450	796		be an absolute bar to employment, but shall be considered in
451	797		relation to specific employment duties and responsibilities.
452		-
453	798		E. 1. Information received pursuant to this section b y an
454	799		owner, administrator, or responsible entity of a child care
455	800		facility, shall be maintained in a confidential manner pursuant to
456	801		applicable state and federal laws.
457		-
458	802		2. The information, along with any other information relevant
459	803		to the ability of the indi vidual to perform tasks that require
460	804		direct contact with children, may be released to another child care
461	805		facility in response to a request from the child care facility that
462	806		is considering employing or contracting with the individual unless
463	807		deemed confidential by state and federal laws.
464		-
465	808		3. Requirements for confidentiality and recordkeeping with
466	809		regard to the information shall be the same for the child care
467	810		facility receiving the information in response to a request as those
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468	837		provided for in paragraph 1 of th is subsection for the child care
469	838		facility releasing such information.
470		-
471	839		4. Information received by any facility certified by the Office
472	840		of Juvenile Affairs may be released to another facility certified by
473	841		the Office if an individual is being considered for employment or
474	842		contract, along with any other relevant information, unless the
475	843		information is deemed confidential by state or federal law. Any
476	844		information received by the Office shall be maintained in a
477	845		confidential manner pursuant to applicable state and federal law.
478		-
479	846		F. 1. It shall be unlawful for individuals who are required to
480	847		register pursuant to the Sex Offenders Registration Act to work with
481	848		or provide services to children or to reside in a child care
482	849		facility and for any employer who offers or prov ides services to
483	850		children to knowingly and willfully employ or contract with, or
484	851		allow continued employment of or contracting with individuals who
485	852		are required to register pursuant to the Sex Offenders Registration
486	853		Act. Individuals required to register pu rsuant to the Sex Offenders
487	854		Registration Act who violate any provision of Section 401 et seq. of
488	855		this title shall, upon conviction, be guilty of a felony punishable
489	856		by incarceration in a correctional facility for a period of not more
490	857		than five (5) years an d a fine of not more than Five Thousand
491	858		Dollars ($5,000.00) or both such fine and imprisonment.
492		-	ENR. H. B. NO. 1797 Page 12
493	859		2. It shall be unlawful for an individual who is the
494	860		perpetrator of a substantiated finding by the Department of heinous
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495	887		and shocking abuse by a person respons ible for a child's health,
496	888		safety, or welfare, as those terms are defined in Section 1 -1-105 of
497	889		Title 10A of the Oklahoma Statutes, to work with or provide services
498	890		to children or to reside in a child care facility and for any
499	891		employer who offers or provid es services to children to knowingly
500	892		and willfully employ or contract with, or allow continued employment
501	893		of or contracting with such individual.
502		-
503	894		3. Upon a determination by the Department of any violation of
504	895		the provisions of this section, the violator sh all be subject to and
505	896		the Department may pursue:
506		-
507	897		a. an emergency order,
508		-
509	898		b. license revocation or denial,
510		-
511	899		c. injunctive proceedings,
512		-
513	900		d. an administrative penalty not to exceed Ten Thousand
514	901		Dollars ($10,000.00), and
515		-
516	902		e. referral for criminal proceedings.
517		-
518	903		3. 4. In addition to the penalties specified by this section,
519	904		the violator may be liable for civil damages.
520		-
521	905		SECTION 2. AMENDATORY 10 O.S. 2011, Section 406, as last
522	906		amended by Section 1, Chapter 368, O.S.L. 2019 (10 O.S. Supp. 2020,
523	907		Section 406), is amended to read as follows:
524		-
525	908		Section 406. A. 1. Except as provided in paragraph 2 of this
526	909		subsection, the Department of Human Services shall have authority at
527	910		any reasonable time to investigate and examine the conditions of any
	911	+
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528	937		child care facility in which a licensee or applicant hereunder
529	938		receives and maintains children, and shall have authority at any
530	939		time to require the facility to provide information pertaining to
531	940		children in its care.
532		-
533	941		2. When the Department of Human Services is revi ewing the star
534	942		rating of a child care program with a capacity of fifty or more, the
535	943		comprehensive visit to inspect and examine the program shall be
536		-	scheduled with the administration of the program at least one (1) ~~ENR. H. B. NO. 1797 Page 13~~
	944	+	scheduled with the administration of the program at least one (1)
537	945		week in advance of the visit, if requested by the child care
538	946		facility.
539		-
540	947		B. 1. The State Department of Health may visit any licensee or
541	948		applicant at the request of the Department to advise on matters
542	949		affecting the health of children and to inspect the sanitation of
543	950		the buildings used for their car e.
544		-
545	951		2. The State Fire Marshal may visit any licensee or applicant
546	952		at the request of the Department to advise on matters affecting the
547	953		safety of children and to inspect the condition of the buildings
548	954		used for their care.
549		-
550	955		C. 1. Upon receipt of a complaint against any child care
551	956		facility alleging a violation of the provisions of the Oklahoma
552	957		Child Care Facilities Licensing Act, or any licensing standard
553	958		promulgated by the Department, the Department shall conduct a full
554	959		investigation. If upon investigation, it is determined that there
555	960		are reasonable grounds to believe that a facility is in violation of
	961	+
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556	987		the Oklahoma Child Care Facilities Licensing Act or of any standard
557	988		or rule promulgated pursuant thereto, the Department shall:
558		-
559	989		a. document the complaint,
560		-
561	990		b. provide the complaint allegations in writing to the
562	991		facility involved and, upon written request by the
563	992		child care facility, provide a summary of the facts
564	993		used to evaluate the completed complaint, and
565		-
566	994		c. document the facility's plan for correcting any
567	995		substantiated violations.
568		-
569	996		2. If the Department determines there has been a violation and
570	997		the violation has a direct impact on the health, safety or well -
571	998		being of one or more of the children cared for by the facility, the
572	999		Department shall notify the facility an d require correction of the
573	1000		violation.
574		-
575	1001		3. The Department shall notify the facility that failure to
576	1002		correct the confirmed violation can result in the revocation of the
577	1003		license, the denial of an application for a license, the issuance of
578	1004		an emergency order or the filing of an injunction pursuant to the
579	1005		provisions of Section 409 of this title.
580		-	ENR. H. B. NO. 1797 Page 14
581	1006		4. If the facility refuses to correct a violation or fails to
582	1007		complete the plan of correction, the Department may issue an
583	1008		emergency order, revoke the license, or deny the application for a
584	1009		license. Nothing in this section or Section 407 of this title shall
585	1010		be construed as preventing the Department from denying an
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586	1037		application, revoking a license, or issuing an emergency order for a
587	1038		single violation of this act, or the rules of the Department as
588	1039		provided in Section 404 of this title.
589		-
590	1040		5. If the Department determines there has been a substantiated
591	1041		finding of heinous and shocking abuse by a person responsible for a
592	1042		child's health, safety or welfare, as those terms are defi ned in
593	1043		Section 1-1-105 of Title 10A of the Oklahoma Statutes, the
594	1044		Department shall notify the child care facility owner or operator
595	1045		and the child care resource and referral organization in writing
596	1046		immediately or not later than one (1) business day after th e
597	1047		substantiated finding. Upon receiving notice of a substantiated
598	1048		finding, the facility owner or operator shall attempt to immediately
599	1049		notify, but not later than seventy -two (72) hours after receiving
600	1050		notice of the substantiated finding, parents or legal guardians of
601	1051		children attending the facility by certified mail.
602		-
603	1052		D. Upon the completion of the investigation of a complaint
604	1053		against any child care facility alleging a violation of the
605	1054		provisions of the Oklahoma Child Care Facilities Licensing Act or
606	1055		any licensing standard promulgated thereto by the Department, the
607	1056		Department shall clearly designate its findings on the first page of
608	1057		the report of the investigation. The findings shall state whether
609	1058		the complaint was substantiated or unsubstantiated.
610		-
611	1059		E. Information obtained by the Department or Oklahoma Child
612	1060		Care Services concerning a report of a violation of a licensing
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613	1087		requirement, or from any licensee regarding children or their
614	1088		parents or other relatives shall be deemed confidential and
615	1089		privileged communications, shall be properly safeguarded, and shall
616	1090		not be accessible to anyone except as herein provided, unless upon
617	1091		order of a court of competent jurisdiction. Provided, however, this
618	1092		provision shall not prohibit the Department from providing a summary
619	1093		of allegations and findings of an investigation involving a child
620	1094		care facility that does not disclose identities but that permits
621	1095		parents to evaluate the facility.
622		-
623	1096		F. The Department shall promulgate rules to establish and
624	1097		maintain a grievance process tha t shall include an anonymous
625		-	complaint system for reporting and investigating complaints or ~~ENR. H. B. NO. 1797 Page 15~~
	1098	+	complaint system for reporting and investigating complaints or
626	1099		grievances about employees of the Department who retaliate against a
627	1100		child care facility or facility employee.
628		-
629	1101		SECTION 3. This act shall become eff ective November 1, 2021.
630	1102
631		-	ENR. H. B. NO. 1797 Page 16
632		-	Passed the House of Representatives the 14th day of May, 2021.
	1103	+	58-1-8229 EK 05/06/21
633	1104
634	1105
635		-
636		-
637		-	Presiding Officer of the House
638		-	of Representatives
639		-
640		-
641		-	Passed the Senate the 24th day of May, 2021.
642		-
643		-
644		-
645		-
646		-	Presiding Officer of the Senate
647		-
648		-
649		-
650		-	OFFICE OF THE GOVERNOR
651		-	Received by the Office of the Governor this ____________________
652		-	day of ___________________, 20_______, at _______ o'clock _______ M.
653		-	By: _________________________________
654		-	Approved by the Governor of the State of Oklahoma this _________
655		-	day of ___________________, 20_______, at _______ o'clock _______ M.
656		-
657		-
658		-	_________________________________
659		-	Governor of the State of Oklahoma
660		-
661		-	OFFICE OF THE SECRETARY OF STATE
662		-	Received by the Office of the Secretary of State this __________
663		-	day of ___________________, 20_______, at _______ o'clock _______ M.
664		-	By: _________________________________