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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
ENGROSSED SENATE
BILL NO. 27 By: Stanley of the Senate
and
Moore of the House
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 THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10A O.S. 2011, Section 1 -7-115, is
amended to read as follows:
Section 1-7-115. A. When it is necessary for a child to be
removed from the home due to allegations of child abuse or neglect,
the Department of Human Service s may consider whether another home
would be suitable for the child as an emergency placement pending
further court proceedings. In determining the suitability of the
emergency placement home, the Department may elect to contract or
otherwise collaborate with local law enforcement agencies to perform
a name-based state and federal criminal history records check
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followed by fingerprint verification in accordance with the
procedures set forth in 28 C.F.R., Section 901 et seq., and this
section.
B. When a child is taken into protective custody by a law
enforcement officer or when the court places emergency custody of a
child with the Department pursuant to the provisions of the Oklahoma
Children’s Code and an emergency placement for the child is
identified, a preliminary Federal Bureau 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 emergency custody of the Department,
the Department or its approved designee 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 child may be placed to determine whether
any adult member of the household 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 conduct the same type
of criminal records search as described in paragraph 1 of this
subsection and shall provide the Departm ent 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 entered the emergency placement
home, all persons residing in the home who 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 to
the Department and provide written permission 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 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 Federal Bureau of
Investigation Interstate Identificat ion Index name-based records
check are received. The failure of any person to submit to a name-
based fingerprint-based criminal records check within five (5)
business days immediately after emergency placement of the child
shall result in the immediate re moval of the child from the
emergency placement home.
D. The costs associated with fingerprinting requirements of
this section shall be paid by the Department.
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SECTION 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON CHILDREN, YOUTH AND FAMILY
SERVICES, dated 03/30/2021 - DO PASS.