Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB27 Compare Versions

Version 1 (Old)

Version 2 (New)

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3	28
4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 58th Legislature (2021)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 27 By: Stanley of the Senate
7	37
8	38		and
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10	40		Moore of the House
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15	45		An Act relating to emergency child placement;
16	46		amending 10A O.S. 2011, Section 1-7-115, which
17	47		relates to criminal records check; modifying
18	48		requirements for criminal records checks in certain
19	49		emergency placements ; and providing an effective
20	50		date.
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25		-	SUBJECT: Emergency child placement
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27	55		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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29	56		SECTION 1. AMENDATORY 10A O.S. 2011, Section 1 -7-115, is
30	57		amended to read as follows:
31		-
32	58		Section 1-7-115. A. When it is necessary for a child to be
33	59		removed from the home due to allegations of child abuse or neglect,
34	60		the Department of Human Service s may consider whether another home
35	61		would be suitable for the child as an emergency placement pending
36	62		further court proceedings. In determining the suitability of the
37	63		emergency placement home, the Department may elect to contract or
38	64		otherwise collaborate with local law enforcement agencies to perform
39	65		a name-based state and federal criminal history records check
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	67	+	SB27 HFLR Page 2
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40	93		followed by fingerprint verification in accordance with the
41	94		procedures set forth in 28 C.F.R., Section 901 et seq., and this
42	95		section.
43		-
44	96		B. When a child is taken into protective custody by a law
45	97		enforcement officer or when the court places emergency custody of a
46	98		child with the Department pursuant to the provisions of the Oklahoma
47		-
48		-	ENR. S. B. NO. 27 Page 2
49	99		Children’s Code and an emergency placement for the child is
50	100		identified, a preliminary Federal Bureau of Investigation Interstate
51	101		Identification Index name -based check of the records of criminal
52	102		history of the members of the emergency placement household shall be
53	103		conducted prior to the placement of the child in the home.
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55	104		1. When a child is in the emergency custody of the Department,
56	105		the Department or its approved designee may conduct a preliminary
57	106		name-based check of certain records , including full orders of
58	107		protection and outstanding warrants, of each person over the age of
59	108		eighteen (18) years residing in the identified potential emergency
60	109		placement home where the child may be placed to determine whether
61	110		any adult member of the household has been arrested for or convicted
62	111		of any crime.
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64	112		2. When the child is in protective custody of law enforcement
65	113		or when requested by the Department or its approved designee, a
66	114		local law enforcement agency shall immediately conduct the same type
67	115		of criminal records search as described in paragraph 1 of this
68	116		subsection and shall provide the Departm ent with a verbal response
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	118	+	SB27 HFLR Page 3
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69	144		of each person’s criminal history and whether any orders of
70	145		protection or outstanding warrants exist.
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72	146		C. 1. Following a name -based criminal records check conducted
73	147		pursuant to this section, and within five (5) business days
74	148		immediately after the child has entered the emergency placement
75	149		home, all persons residing in the home who are over the age of
76	150		eighteen (18) years and those persons who are under the age of
77	151		eighteen (18) years and have been certified as an adult for the
78	152		commission of a crime, shall submit a full set of fingerprints to
79	153		the Department and provide written permission authorizing the
80	154		Department to forward the fingerprints to the Oklahoma State Bureau
81	155		of Investigation for submission to the Federal Bureau of
82	156		Investigation for criminal records report.
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84	157		2. The Department shall forward the fingerprints to the
85	158		Oklahoma State Bureau of Investigation within fifteen (15) calendar
86	159		days after the results of the preliminary Federal Bureau of
87	160		Investigation Interstate Identificat ion Index name-based records
88	161		check are received. The failure of any person to submit to a name-
89	162		based fingerprint-based criminal records check within five (5)
90	163		business days immediately after emergency placement of the child
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92		-	ENR. S. B. NO. 27 Page 3
93	164		shall result in the immediate re moval of the child from the
94	165		emergency placement home.
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96	166		D. The costs associated with fingerprinting requirements of
97	167		this section shall be paid by the Department.
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99	195		SECTION 2. This act shall become effective November 1, 2021.
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102		-	ENR. S. B. NO. 27 Page 4
103		-	Passed the Senate the 1st day of March, 2021.
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107		-	Presiding Officer of the Senate
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110		-	Passed the House of Representatives the 14th day of April, 2021.
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114		-	Presiding Officer of the House
115		-	of Representatives
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117		-	OFFICE OF THE GOVERNOR
118		-	Received by the Office of the Governor this _______ _____________
119		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
120		-	By: _______________________________ __
121		-	Approved by the Governor of the State of Oklahoma this _____ ____
122		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
123		-
124		-	_________________________________
125		-	Governor of the State of Oklahoma
126		-
127		-
128		-	OFFICE OF THE SECRETARY OF STATE
129		-	Received by the Office of the Secretary of State this _______ ___
130		-	day of __________________, 20 _______, at _______ o'clock _______ M.
131		-	By: _______________________________ __
	197	+	COMMITTEE REPORT BY: COMMITTEE ON CHILDREN, YOUTH AND FAMILY
	198	+	SERVICES, dated 03/30/2021 - DO PASS.