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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 27 By: Stanley
AS INTRODUCED
An Act relating to emergency child placement ;
amending 10A O.S. 2011, Section 1 -7-115, which
relates to criminal r ecords check; defining term;
conforming language; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10A O.S. 2011, Section 1 -7-115, is
amended to read as follo ws:
Section 1-7-115. A. When it is necess ary for a child to be
removed from the home due to allegations of child abuse or neglect,
the Department of Human Services may consider whether another home
would be suitable for the child as an emergency placemen t pending
further court proceedings. In determining the suitability of the
emergency placement home, the Department may el ect to contract or
otherwise collaborate with local law enforce ment agencies to perform
a name-based state and federal criminal histo ry records check
followed by fingerprint ve rification in accordance with the
procedures set forth in 28 C.F.R., Section 901 et seq., and this
section. For purposes of this section, “emergency placement” means
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placement for a child removed from his or her home and taken into
out-of-home care for a period of fifte en (15) days or longer.
B. When a child is taken into protecti ve custody by a law
enforcement officer or when the court places emergency custody of a
child with the Department pursuant to the provi sions of the Oklahoma
Children’s Code and an emergency placement for the child is
identified, a preliminary Federal Burea u of Investigation In terstate
Identification Index name -based check of the records of criminal
history of the members of the emergency placement household shall be
conducted prior to the placement of the child in the home.
1. When a child is in the emerge ncy custody of the De partment,
the Department or its approved des ignee may conduct a preliminary
name-based check of certain records, i ncluding full orders of
protection and outstanding warrants, of each person over the age of
eighteen (18) years residing in the identified pot ential emergency
placement home where the ch ild may be placed to determine whether
any adult member of the househo ld has been arrested for or convicted
of any crime.
2. When the child is in protective custody of law enforcement
or when requested by the De partment or its approved designee, a
local law enforcement agency shall immediately c onduct the same type
of criminal records search as described in paragraph 1 of this
subsection and shall provide the Department with a verbal response
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of each person’s criminal history and whether any orders of
protection or outstanding warrants exist.
C. 1. Following a name-based criminal records check conducted
pursuant to this section , and within five (5) business days after
the child has entered t he emergency placemen t home as defined in
subsection A of this se ction, all persons residing in the home w ho
are over the age of eighte en (18) years and those persons who are
under the age of eighteen (18) years and have been certified as an
adult for the commission of a crime, shall submit a full set of
fingerprints to the Department and provide written permi ssion
authorizing the Departm ent to forward the fingerprints to the
Oklahoma State Bureau of Investigation for submission to the Federal
Bureau of Investigation for criminal records report.
2. The Department shall forward the fingerprints to the
Oklahoma State Bureau of Investigation within fifteen (15) calendar
days after the results of the preliminary name -based records check
are received. The failu re of any person to submit to a name -based
criminal records chec k shall result in the immediate removal of the
child from the emergency placement home.
D. The costs associated with fingerprinting requirements of
this section shall be paid by the Departmen t.
SECTION 2. This act shall become effective Novem ber 1, 2021.
58-1-76 TEK 11/17/2020 3:55:42 PM