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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
COMMITTEE SUBSTITUTE
FOR
SENATE BILL 27 By: Stanley
COMMITTEE SUBSTITUTE
An Act relating to emergency child placement ;
amending 10A O.S. 2011, Section 1 -7-115, which
relates to criminal records check; modifying
requirements for criminal records checks in certain
emergency placements ; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF T HE 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 enforcement agencies to perform
a name-based state and federal criminal histo ry records check
followed by fingerprint ve rification in accordance with the
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procedures set forth in 28 C.F.R., Section 901 et seq., and this
section.
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 Interstate
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 Department,
the Department or its approved des ignee may conduct a preliminary
name-based check of certain records , including full orders of
protection and outstanding warrants, of each person over the age of
eighteen (18) years residing in the identified potential 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 Department 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
immediately after the child has en tered the emergency placemen t
home, all persons residing in the home w ho are over the age of
eighteen (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 t o
the Department and provide written permi ssion authorizing the
Department to forward the fingerprints to the Oklahoma State Bureau
of Investigation for submission to the Federal Bureau of
Investigation for criminal records repo rt.
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 Federal Bureau of
Investigation Interstate Identification Index name-based records
check are received. The failu re of any person to submit to a name-
based fingerprint-based criminal records chec k within five (5)
business days immediately after emergency placement of the child
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.
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SECTION 2. This act shall become effective Novem ber 1, 2021.
58-1-1873 TEK 2/23/2021 11:15:32 AM