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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 1036 By: Jett
AS INTRODUCED
An Act relating to child care; amending 10 O.S. 2011,
Section 404.1, as last amended by Section 1, Chapter
109, O.S.L. 2017 (10 O.S. Supp. 2020, Section 404.1) ,
which relates to criminal history records search ;
modifying eligibility for e mployment due to
conviction; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10 O.S. 2011, Section 404.1, as
last amended by Section 1, Chapter 109, O.S.L. 2017 (10 O.S. Supp.
2020, Section 404.1), is amended to read as follo ws:
Section 404.1. A. On and after November 1, 2013:
1. Prior to the issuance of a pe rmit or license, owners and
responsible entities making a request to establish or operate a
child care facility shall have:
a. an Oklahoma State Courts Network search conducted by
the Department,
b. a Restricted Registry search conducted by the
facility,
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c. a national criminal history records search conducted
pursuant to paragraph 10 of this subsection,
d. a criminal history records and sex offender registry
search conducted by an authorized source, when the
individual has lived outside this state within th e
last five (5) years,
e. a search of the Department of Corrections’ files
maintained pursuant to the Sex Offenders Registration
Act and conducted by the Department of Human Services,
f. a search of any available child abuse and neglect
registry within a state the individual has resided in
within the last five (5) years,
g. search of the nontechnical services worker abuse
registry maintained by the State Department of Health
pursuant to Section 1 -1950.7 of Title 63 of the
Oklahoma Statutes, and
h. a search of the community services worker registry
maintained by the Department of Human Services
pursuant to Section 1025.3 of Title 56 of the Oklahoma
Statutes;
2. Prior to the employment of an individual:
a. an Oklahoma State Courts Network search, conducted by
the Department, shall be requested and received by the
facility; provided however, if twenty-four (24) hours
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has passed from the time the request to the Department
was made, the facility may initiate emplo yment,
notwithstanding the provisions of this para graph,
b. a Restricted Registry search shall be conduct ed by the
facility with notification of the search submitted to
the Department,
c. a national criminal history records search pursuant to
paragraph 10 of this subsection shall be submitted,
d. a criminal history records and sex offender registry
search conducted by an authorized source, when the
individual has lived outside this state within the
last five (5) years, shall be submitted to the
Department,
e. a search of the Department of Corrections ’ files
maintained pursuant to the Sex Offenders Registration
Act shall be conducted by the Department and received
by the facility,
f. a search of any available child abuse and neglect
registry within a state th e individual has resided in
within the last five ( 5) years,
g. search of the nontechnical services worker abuse
registry maintained by the State Department of Health
pursuant to Section 1 -1950.7 of Title 63 of the
Oklahoma Statutes, and
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h. a search of the community services worker registry
maintained by the Department of Human Services
pursuant to Section 102 5.3 of Title 56 of the Oklahoma
Statutes;
3. Prior to allowing unsupervised access to children by
employees or individuals , including contract employe es and
volunteers and excluding the exceptions in paragraph 8 of this
subsection:
a. Oklahoma State Court s Network search results,
conducted by the Department, shall be received by the
facility,
b. a Child Care Restricted Registry search shall be
conducted by the facility with notification of the
search submitted to the Department,
c. national criminal histor y records search results
pursuant to paragraph 10 of this subsection shall be
received by the facility,
d. a criminal history records and sex offender registry
search conducted by an authorized source, when the
individual has lived outside this state within the
last five (5) years shall be submitted to the
Department,
e. a search of the Department of Corrections ’ files
maintained pursuant to the Sex Offe nders Registration
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Act shall be conducted by the D epartment and received
by the facility,
f. a search of any available child abuse and neglect
registry within a state the individual has resided in
within the last five (5) years,
g. search of the nontechnic al services worker abuse
registry maintained by th e State Department of Health
pursuant to Section 1 -1950.7 of Title 63 of the
Oklahoma Statutes, and
h. a search of the community services worker registry
maintained by the Department of Human Services
pursuant to Section 1025.3 of Title 56 of the Oklahoma
Statutes;
4. Prior to the issuance of a permit or lice nse and prior to
the residence of adults who subsequently move into a facility,
adults living in the facility excluding the exception in paragraph 7
of this subsection shall have:
a. an Oklahoma State Courts Network search conducted by
the Department and t he facility shall be in receipt of
the search results,
b. a Restricted Registry search conducted by the facility
with notification of the search submit ted to the
Department,
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c. a national criminal hist ory records search conducted
pursuant to paragraph 10 o f this subsection,
d. a criminal history records and sex offender registry
search conducted by an authorized source, when the
individual has lived outs ide this state within the
last five (5) years,
e. a search of the Department of Corrections ’ files
maintained pursuant to the Sex Offenders Registration
Act conducted by the Department and received by the
facility,
f. a search of any available child abuse and neglect
registry within a state the individual has resided in
within the last five (5) years,
g. search of the nontechnical services worker abuse
registry maintained by the State Department of Health
pursuant to Section 1 -1950.7 of Title 63 of the
Oklahoma Statutes, and
h. a search of the community se rvices worker registry
maintained by the Department of Human Services
pursuant to Section 1025.3 of Title 56 of the Oklahoma
Statutes;
5. Children who reside in the facility and turn eighteen (18)
years of age excluding the exception in paragraph 7 of thi s
subsection shall have:
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a. an Oklahoma State Courts Ne twork search conducted by
the Department,
b. a Restricted Registry search conducted by the facility
with notification of the search submitted to the
Department,
c. a national criminal history records s earch conducted
pursuant to paragraph 10 of this subsec tion, and
d. a search of the Department of Corrections ’ files
pursuant to the Sex Offenders Registration Act
conducted by the Department and received b y the
facility;
6. Prior to review of or access t o fingerprint results, owners,
responsible entities, di rectors, and other individuals who have
review of or access to fingerprint results shall have a national
criminal history records search pursuant to pa ragraph 10 of this
subsection;
7. Provisions specified in paragraphs 4 and 5 of this
subsection shall not apply to residents who are receiving services
from a residential child care facility;
8. A national criminal history records search pursuant to
paragraph 10 of this subsection shall not be required for volunteers
who transport children on an irregular b asis when a release is
signed by the parent or legal guardian noting their understanding
that the volunteer does not have a completed national criminal
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history records search. The provisions in paragr aph 3 of this
subsection shall not be required for spec ialized service
professionals who are not employed by the program and have
unsupervised access to a child when a release is signed by the
parent or legal guardian noting his or her understanding of thi s
exception. These exceptions shall not preclude the D epartment from
requesting a national fingerprint or an Oklahoma State Bureau of
Investigation name-based criminal history records search or
investigating criminal, abusive, or harmful behavior of such
individuals, if warranted;
9. A national criminal hist ory records search pursuant to
paragraph 10 of this subsection shall be required on or before
November 1, 2016, for existing owners, responsible entiti es,
employees, individuals with unsupervised acces s to children, and
adults living in the facility, as of November 1, 2013, unless
paragraph 6 of this subsection applies;
10. The Department shall require a national criminal history
records search based up on submission of fingerprints that shall:
a. be conducted by the Oklahoma State Bureau of
Investigation and the Federal Bureau of Investigation
pursuant to Section 150.9 of Title 74 of the Oklahoma
Statutes and the federal National Child Protection Act
and the federal Volunteers for Children Act with the
Department as the authorized agency,
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b. be submitted and have results received between the
Department and the Oklahoma State Bureau of
Investigation through secure electronic transmissions,
c. include Oklahoma State Bureau of Investigation rap
back, requiring the Oklahoma State Bureau of
Investigation to immed iately notify the Department
upon receipt of subsequent criminal history activity,
and
d. be paid by the individual or the facility;
11. The Director of the Department, or designee, shall
promulgate rules that may authorize an exception to the
fingerprinting requirements for individuals who have a severe
physical condition which precludes such indivi duals from being
fingerprinted;
12. The Director of t he Department, or designee, shall
promulgate rules that ensure individuals obtain a criminal history
records search, not to include the re-submission of fingerprints,
not less than once during each five (5) year period;
13. Any individual who refuses to c onsent to the criminal
background check or knowing ly makes a materially -false statement in
connection with such criminal background check shall be ineligible
for ownership of, employment of or residence in a child care
facility; and
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14. The Office of Juve nile Affairs shall require national
criminal history records searches, as defined by Section 150.9 of
Title 74 of the Oklahoma Statutes, which shall be provided by the
Oklahoma State Bureau of Investigation for the purpose of obtaining
the national crimina l history records search , including Rap Back
notification of and through direct request by the Office of Juvenile
Affairs on behalf of any:
a. operator or responsible entity making a request to
establish or operate a secure detention center,
municipal juvenile facility, community intervention
center or secure facility licensed or certified by the
Office of Juvenile Affairs,
b. employee or applicant of a secure detention center,
municipal juvenile facility, community intervention
center or secure facility li censed or certified by the
Office of Juvenile Affa irs, or
c. persons allowed unsupervised access to child ren,
including contract employees or volunteers, of a
secure detention center, municipal juvenile facility,
community intervention center or secure fac ility
licensed or certified by the Office of Juven ile
Affairs.
B. 1. a. On and after September 1, 1998:
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(1) any child-placing agency contracting with a
person for foster family home services or in any
manner for services for the care and supervision
of children shall also, prior to executing a
contract, complete:
(a) a foster parent eligibility assessment f or
the foster care provider except as otherwise
provided by divisions (2) and (4) of this
subparagraph, and
(b) a national criminal history records sea rch
based upon submission of fingerprints for
any adult residing in the foster family home
through the Department of Human Services
pursuant to the provisions of Section 1 -7-
106 of Title 10A of the Oklahoma Statutes,
except as otherwise provided by divisio ns
(2) and (4) of this subparagraph,
(2) the child-placing agency may place a child
pending completion of the national criminal
history records search if the foster care
provider and every adult residing in the foster
family home has resided in this state for at
least five (5) years immediately preceding such
placement,
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(3) a national criminal history records search based
upon submission of fingerprints to the Oklahoma
State Bureau of Investigation shall also be
completed for any adult who subsequently move s
into the foster family home,
(4) provided, however, the Director of Human Services
or the Director of t he Office of Juvenile
Affairs, or a designee, may authorize an
exception to the fingerprinting requirement for a
person residing in the home who has a severe
physical condition which precludes such per son’s
being fingerprinted, and
(5) any child care facil ity contracting with any
person for foster family home services shall
request the Office of Juvenile Affairs to conduct
a juvenile justice information system review,
pursuant to the provisions of Secti ons 2-7-905
and 2-7-308 of Title 10A of the Oklahoma
Statutes, for any child over the age of thirteen
(13) years residing in the foster family home,
other than a foster child, or who subsequently
moves into the foster family home. As a
condition of contract, the child care facility
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shall obtain the consent of the parent or legal
guardian of the child for such review.
b. The provisions of this paragraph shall not apply to
foster care providers having a contr act or contracting
with a child-placing agency, the Department of Human
Services or the Office of Juvenil e Affairs prior to
September 1, 1998. Such existing foster care
providers shall comply with the provisions of this
section, until otherwise provided b y rules of the
Department or by law.
2. a. (1) On and after September 1, 1998, except as
otherwise provided in divisions (2) and (4) of
this subparagraph, prior to contracting with a
foster family home for placement of any child who
is in the custody of th e Department of Human
Services or the Office of Ju venile Affairs, each
Department shall complete a foster parent
eligibility assessment, pursuant to the
provisions of the Oklahoma Child Care Facilities
Licensing Act, for such foster family applicant.
In addition, except as otherwise provided by
divisions (2) and (4) of this subparagraph, the
Department shall complete a national criminal
history records search based upon submission of
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fingerprints for any adult residing in such
foster family home.
(2) The Department of Human Services and Office of
Juvenile Affairs may place a child pending
completion of the na tional criminal history
records search if the foster care provider and
every adult residing in the foster family home
has resided in this state for at least five (5)
years immediately preceding such pl acement.
(3) A national criminal history records search based
upon submission of fingerprints conducted by the
Oklahoma State Bureau of Investigation shall also
be completed for any adult who subsequently m oves
into the foster family home.
(4) The Director of Human Services or the Director of
the Office of Juvenile Affairs or their designee
may authorize an exception to the fingerprinting
requirement for any person residing in the home
who has a severe physi cal condition which
precludes such person ’s being fingerprinted.
b. The provisions of this paragraph shal l not apply to
foster care providers having a contract or contracting
with a child-placing agency, the Department of Human
Services or the Office of Ju venile Affairs prior to
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September 1, 1998. Such e xisting foster care
providers shall comply with the pro visions of this
section, until otherwise provided by rules of the
Department or by law.
3. The Department of Human Services or the Office of Juvenile
Affairs shall provide for a juvenile justice infor mation system
review pursuant to Section 2 -7-308 of Title 10A of the Oklahoma
Statutes for any child over the age of thirteen (13) years residing
in a foster family home, other than the foster child, or who
subsequently moves into the foster family home.
C. The Department or the Board of Juvenile Affairs shal l
promulgate rules to identify circumstances when a criminal history
records search or foster parent eligibility assessment for an
applicant or contrac tor, or any person over the age of thirteen (13)
years residing in a private residence in which a child c are facility
is located, shall be expanded beyond the records search conducted by
the Oklahoma State Bureau of Investigation or as otherwise provided
pursuant to this section.
D. Except as otherwise p rovided by the Oklahoma Children ’s Code
and subsection F of this section, a A conviction for a crime shall
not be an absolute bar to employment , but shall be considered in
relation to specific employment du ties and responsibilities .
E. 1. Information rec eived pursuant to this section by an
owner, administrator, or responsible en tity of a child care
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facility, shall be maintained in a confidential manner pursuant to
applicable state and federal laws.
2. The information, along with any other information rel evant
to the ability of the individual to perform tasks that require
direct contact with children, may be released to another child care
facility in response to a request from the child care facility that
is considering employing or contracting with the in dividual unless
deemed confidential by state and federa l laws.
3. Requirements for confidentiality and recordkeeping with
regard to the information shall be the same for the child care
facility receiving t he information in response to a request as those
provided for in paragraph 1 of this subsection for the c hild care
facility releasing such information.
4. Information received by any facility certified by the Office
of Juvenile Affairs may be released to another facility certified by
the Office if an ind ividual is being considered for employment or
contract, along with any other relevant information, unless the
information is deemed confidential by state or federal law. Any
information received by the Off ice shall be maintained in a
confidential manner p ursuant to applicable state and federal law.
F. 1. It shall be unlawful fo r individuals who are required to
register pursuant to the Sex Offenders Registration Act to work with
or provide services to chil dren or to reside in a child care
facility and for any employer who offers or provides services to
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children to knowingly and w illfully employ or contract with, or
allow continued employment of or contracting with individuals who
are required to register pu rsuant to the Sex Offenders Registration
Act. Individuals required to register pursuant to the Sex Offen ders
Registration Act who violate any provision of Section 401 et seq. of
this title shall, upon conviction, be guilty of a felony punishable
by incarceration in a correctional facility for a period of not more
than five (5) years and a fine of not more th an Five Thousand
Dollars ($5,000.00) or both such fine and imprisonment.
2. Upon a determination by the Department of any violation of
the provisions of this section, the violator shall be subject to and
the Department may pursue:
a. an emergency order,
b. license revocation or denial,
c. injunctive proceedings,
d. an administrative penalty not to exceed Ten Thousand
Dollars ($10,000.00), and
e. referral for criminal proceedings.
3. In addition to the penalties specified by this section, the
violator may be liable for civil d amages.
SECTION 2. This act shall become effective November 1, 2021.
58-1-1638 DC 1/25/2021 8:56:26 AM