Library: Policy

340:75-15-84.1. Background information search

9-15-22

• 11 & 12

(a) Background checks.

(1) Mandate to conduct background searches.

(A) Oklahoma Human Services (OKDHS) is mandated to conduct a criminal background and child abuse and neglect information system (CANIS) search for OKDHS and private adoptive applicants and adult household members, 18 years of age and older, per Section 7505-5.3 of Title 10 of the Oklahoma Statutes (10 O.S. § 7505-5.3).

(B) The background search for OKDHS adoptive applicants and adult household members includes a search of:

(i) Oklahoma State Bureau of Investigation (OSBI) name and criminal records histories;

(ii) the Oklahoma Sex Offender Registry;

(iii) the Mary Rippy Violent Crime Offender Registry;

(iv) the Oklahoma Department of Corrections (DOC) offender information;

(v) Federal Bureau of Investigations (FBI) national criminal history records based on the applicant's and each adult household member's fingerprints; • 1

(vi) the applicant's or adult household member's involvement as a party in any court action found on the: • 7

(I) Oklahoma State Courts Network (OSCN); or

(II) Oklahoma District Court Records (ODCR);

(vii) Oklahoma Department of Public Safety records;

(viii) OKDHS records including child welfare records involving the applicant and each adult household member; and • 5

(ix) applicable out-of-state child abuse and neglect registries when the applicant or adult household member has not lived continuously in Oklahoma for the past five years. • 5

(I) When a child abuse and neglect registry is not maintained in the applicable state, the resource specialist requests any information that can be provided.

(II) The applicant is not approved without state-maintained child abuse and neglect registry searches when a registry is maintained in the applicable state;

(x) the Restricted Registry; • 8

(xi) the Oklahoma State Department of Health Nontechnical Services Worker Abuse Registry; • 9

(xii) the Community Services Worker Registry; and • 10

(xiii) Juvenile Online Tracking System (JOLTS) records for any child not in OKDHS custody, 13 through 17 years of age, living in the home. • 6

(2) CANIS and the private adoptive applicant. The private adoptive applicant, adoption agency, or another person authorized to conduct home study investigations:

(A) completes a written request for a CANIS search using Form 04AN028E, Request for Child Abuse and Neglect Information System Search; and

(B) submits Form 04AN028E, with verification of impending adoption, to the Child Protective Services Programs Unit as directed on the form.

(3) Exception to fingerprinting. • 2 The OKDHS Director or designee may authorize an exception to the fingerprinting requirement and authorize use of an alternative procedure for obtaining a national criminal history records search for any OKDHS and private adoptive applicant or adult household member, who has a severe condition that precludes him or her from fingerprinting, per 10A O.S. § 1-7-111. In limited, case-specific circumstances, OKDHS may not be able to obtain:

(A) an individual's fingerprints as a result of his or her disability; or

(B) legible fingerprints due to low quality, as a result of age, occupation, or other conditions, making it impossible for the National Crime Information Center to provide results.

(b) Felony convictions. • 3 & 4

(1) Per Section 1356.30 of Title 45 of the Code of Federal Regulations, OKDHS does not approve prospective adoptive parents as resource parents when the applicant or any person residing in the prospective applicant's home has a criminal conviction record for any of the felony offenses listed in (A) through (E) of this paragraph. The felony offenses are:

(A) physical assault, battery, or a drug-related offense, when the conviction occurs within the five-year period preceding the petition date;

(B) child abuse or neglect;

(D) a crime against a child including, but not limited to, child pornography; or

(E) a crime involving violence including, but not limited to, rape, sexual assault, or homicide, but excluding physical assault or battery. Per Section 16 of Title 18 of the United States Code, a crime involving violence means an offense that:

(i) has an element of the use, attempted use, or threatened use of physical force against the person or property of another; or

(ii) by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.

(2) Per 10 O.S. § 7505-6.3, the court may choose to accept an individual as a prospective adoptive parent for placement who has a felony conviction listed in (1)(A) and (1)(C) of this subsection, when an evaluation of the individual considers the:

(A) crime's nature and seriousness in relation to the adoption;

(B) time elapsed since the crime's commission;

(D) degree of rehabilitation;

(E) number of crimes committed; and

(F) showing by clear and convincing evidence that the child will not be at risk by such placement.

(1) or any person residing in the applicant's home has a conviction for any crime, felony or misdemeanor, specified in 57 O.S. § 582, whether the conviction occurred upon a:

(A) verdict;

(B) plea of guilty; or

(2) is subject to, living with, or married to a person who is subject to the Oklahoma Sex Offender Registration Act.

(d) Restricted Registry. OKDHS denies the application to become an adoptive parent, when the applicant is a registrant on the Restricted Registry, per 10 O.S. § 405.3.

INSTRUCTIONS TO STAFF 340:75-15-84.1

Revised 9-15-22

1. (a) Oklahoma State Bureau of Investigation (OSBI) and Federal Bureau of Investigation (FBI) fingerprint-based records check process for the Oklahoma Human Services (OKDHS) applicant and adult household member, 18 years of age and older. The process the child welfare (CW) specialist follows for obtaining, sharing, and reporting an OSBI name and criminal history records search and an FBI national criminal history records search is outlined in (1) through (4) of this subsection.

(1) For offices with live scan fingerprinting, the CW specialist:

(A) makes an appointment for every applicant and adult household member to obtain fingerprints and submits Form 04AD003E, Request for Background Check, to the OKDHS Office of Background Investigations (OBI) for the OSBI records search and FBI national criminal history records search; and

(B) files a copy of Form 04AD003E for each applicant and adult household member in the resource file.

(2) For offices without live scan fingerprinting, the CW specialist:

(A) provides two fingerprint cards to the applicant and every person 18 years of age and older residing in the applicant's home;

(B) provides the applicant with an automated fingerprinting authorization obtained through Finance AS400;

(C) instructs the applicant to take the authorization and fingerprint cards to local law enforcement or a fingerprinting agency for fingerprinting services. The applicant returns the cards to the CW specialist once fingerprinting is completed;

(D) checks the applicant's and adult household member's fingerprint cards for accuracy and forwards the cards and Form 04AD003E, to OKDHS OBI for the OSBI records search and the FBI national criminal history records search; and

(E) when the fingerprint cards are rejected and reprinting is necessary, returns the cards to and instructs the person whose fingerprints were rejected to take the cards to the original vendor, who reprints the person's fingerprints at no additional charge.

(3) An individual missing fingers submits fingerprint cards with the identifying information completed, stating the reason why he or she is missing fingers.

(4) Fingerprint results for each applicant and adult household member are placed in separate manila envelopes with the names and resource numbers written on the outside of the envelopes and stored in a locked document management system (DMS). The received date is documented as the processing date of the OSBI and FBI search results in the child abuse and neglect information system (CANIS) Criminal Background Check screen.

(b) Fingerprint addendum. The resource specialist completes Form 04AF033E, National Criminal History Records Search Results - Addendum, for each adult household member when the national criminal history record search results are received.

(1) When no record is found or the results are the same as the OSBI name-based search, the addendum is completed and filed in a manila envelope with the national criminal history record search results based on fingerprints.

(2) When the results are different from the OSBI name-based search, the resource specialist:

(A) discusses the results with the applicant or adult household member;

(B) completes Form 04AF033E; and

(C) files the addendum in the manila envelope with the appropriate national criminal history record search results based on fingerprints.

(c) OSBI record of arrest and prosecution (RAP) Back service. Rap Back is a service offered to Oklahoma non-criminal justice government agencies for non-criminal justice purposes, such as the resource parent application, continued approval decisions, and trial home reunification.

(1) The Rap Back service is not associated with the national criminal history records search and details only subsequent Oklahoma arrests after an individual's fingerprints were submitted to OSBI and FBI for non-criminal justice purposes.

(A) A yearly OSBI background check is not necessary because RAP Back reports are sent when a resource parent or adult household member is arrested.

(B) Fingerprinting for a national criminal history records search is necessary every five years for active resource parents.

(2) OKDHS OBI receives and distributes RAP Back reports to the Resource Unit where the report:

(A) is scanned into the KIDS Resource DMS; and

(B) on any open resource is emailed to the assigned resource specialist, resource supervisor, and resource field manager. A phone call is made to the resource field manager to verify receipt.

(3) The resource specialist:

(A) obtains the police report and disposition of the criminal arrest or charge detailed on the RAP Back report;

(B) determines, upon consultation with the resource supervisor and resource field manager, if a written plan of compliance, an abuse or neglect referral, or the home's closure is warranted;

(C) contacts the resource parent to address and assess the information, when an abuse and neglect referral is not assigned;

(D) ensures the safety and well-being of each child placed in the resource home; and

(E) documents the information in the KIDS Resource Criminal Background screen.

(4) The Resource Unit and OKDHS Legal Services (LS) provide consultation regarding RAP Back information and related action steps.

(5) The Resource Unit receives RAP Back reports regarding persons in a closed resource home and scans them into the KIDS Resource DMS.

(6) OKDHS OBI maintains an electronic log of RAP Back reports.

2. Exception to fingerprinting procedures. An individual with a severe physical condition that prevents him or her from caretaking and being fingerprinted may not be required to submit a fingerprint card. The CW specialist may request a fingerprint exception from OBI.

(1) The resource specialist submits an email to OKDHS OBI staff requesting an exception to fingerprinting for the non-caretaker with the severe physical condition.

(2) OBI requests a fingerprinting exception from the OKDHS Director or designee. Upon authorization, OBI requests an OSBI name-based criminal history search.

(3) The resource specialist is notified by email and a copy of the document granting the permanent exception to the fingerprint requirement is filed in the resource file and scanned into the KIDS Resource DMS.

(4) The resource specialist documents the fingerprint exception into the KIDS Crime screen.

(5) The resource specialist continues the individual's assessment, as with any other adult household member, including determining the level of interaction with the child.

3. Certain felonies prohibit applicant approval. OKDHS does not grant exceptions for felony convictions listed in Oklahoma Administrative Code (OAC) 340:75-15-84.1 for a prospective or an approved adoptive parent, or for anyone residing in the prospective or approved adoptive home.

4. Drug-related offenses. An alcohol-related felony conviction is a drug-related offense and prohibits approval of an applicant as a resource parent, when the conviction occurred within five years preceding the application date.

5. Restricted Registry. OKDHS does not grant exceptions for applicants who are registrants on the Restricted Registry.

6. Child abuse and neglect information.

(1) A search of child abuse and neglect records is required for all OKDHS and private adoptive applicants using the Information Management System (IMS) and KIDS. Each adult household member is searched using name, date of birth, and Social Security number. When the applicant or any household member discloses previous CW involvement in another state, regardless of when it occurred, the resource specialist requests the records from that state.

(A) The resource specialist completes all searches for OKDHS applicants and the OKDHS applicant's adult household members. The information is recorded on Form 04AF007E, Records Check Documentation filed in the resource file, and scanned into the KIDS Resource DMS.

(B) Child Protective Services Programs Unit staff conducts a search for the private, prospective adoptive applicant.

(C) Search results are forwarded to the agency or other person authorized, per Section 7505-5.4 of Title 10 of the Oklahoma Statutes, to conduct home study investigations.

(2) Out-of-state child abuse and neglect registry checks. When the applicant or adult household member has not lived continuously in Oklahoma for the past five years, applicable out-of-state child abuse and neglect registries are obtained.

(A) The prospective adoptive parent is not approved without the state-maintained child abuse and neglect registry check results, when a registry is maintained in the applicable state.

(B) When information cannot be obtained from another state, the resource specialist documents the name of the state and efforts made to obtain the information in the resource record.

(C) When a state maintains a child abuse and neglect registry and does not respond to an OKDHS information request, the resource field manager notifies a Foster Care and Adoptions deputy director who contacts the Administration for Children and Families regional office for assistance and enters the contact in the KIDS resource case.

(3) Child abuse and neglect registry not available in Oklahoma. Oklahoma does not maintain a child abuse and neglect registry as referenced in the federal Fostering Connections to Success and Increasing Adoption Act.

7. Juvenile Online Tracking System (JOLTS) search. The information obtained from a JOLTS search regarding a child, 13 through 17 years of age, is used to determine if the child poses a risk to a child in OKDHS custody. The resource specialist completes a JOLTS search on any child, 13 through 17 years of age, living in the home, and documents the results on Form 04AF007E. Form 04AF007E is filed in the resource file and scanned into the KIDS Resource DMS. The CW specialist attempts to obtain associated Oklahoma Office of Juvenile Affairs and law enforcement report when a JOLTS record is found.

8. Court records search. A search is completed to determine if the applicant or any adult household member is, or was, a party to a court action and, if so, the disposition of the criminal charges or court involvement. When the court records search indicates the applicant or any adult household member is named in any protective order case, a traffic case involving drugs or alcohol, or a criminal case that is not an automatic bar to the applicant being considered as a resource parent, the resource specialist obtains copies of the court information and the underlying law enforcement records. This information is reviewed and discussed with the applicant or adult household member to assess the home's suitability and safety for a child's placement in the home. The results are documented on Form 04AF007E filed in the resource file, and scanned into the KIDS Resource DMS. The resource specialist searches the:

(1) Oklahoma State Courts Network at www.oscn.net;

(2) Oklahoma Department of Corrections (DOC) offender information and lookup;

(3) Oklahoma District Court Records at www.odcr.com; and

(4) Mary Rippy Violent Crime Offender Registry search at http://sors.doc.state.ok.us/. To search for violent and/or sex offenders, a free, self-initiated search of the Mary Rippy Violent Crime Offender Registry is conducted at the website by selecting:

(A) Violent Offenders Registry and reading the website, agreeing to the terms, and entering the search information; and

(B) Sex Offenders Registry and reading the website, agreeing to the terms; and entering the search information.

9. Restricted Registry. The resource specialist completes a search at https://ccrrpublicjl.okdhs.org/ccrrpublicjl/public/. When an individual's name is located on the Restricted Registry, the applicant is denied.

10. Oklahoma State Department of Health (OSDH) Nontechnical Services Workers Abuse Registry. The resource specialist completes a search at https://www.phin.state.ok.us/nar/. When an individual's name is located on the OSDH Nontechnical Services Workers Abuse Registry, the information is included in the overall assessment. When an individual's name is located on the OSDH Nontechnical Services Workers Abuse Registry, the applicant cannot be approved without a resource field manager's approval.

11. Community Services Worker Registry. The resource specialist completes a search at https://cswrpublic.okdhs.org/cswrpublic. When an individual's name is located on the Community Services Worker Registry, the information is included in the overall assessment. When an individual's name is located on the Community Services Worker Registry, the applicant cannot be approved without a resource field manager's approval.

12. Guide to assess background history. The Assessment of Background Information of Resource Applicants, included on CWS Numbered Memo 15-13, is utilized by resource specialists to assess the applicant's and household member's criminal histories, CW histories, JOLTS information, or other concerning histories, such as protective orders, traffic offenses, money judgement, or multiple marriages.

13. Information and history assessment.

(a) Background information. Information that includes:

(1) physical violence;

(2) sexual components; or

(3) substance use or abuse must be reviewed and approved or denied by the resource field manager.

(b) CW history. The resource specialist and resource supervisor review all referrals, whether screened-out or accepted, investigations, reports to the district attorney, and appeals.

(1) When an applicant or household member has a child abuse and neglect history, consideration is given to the:

(A) nature of the referral;

(B) assessment conclusion or investigation finding;

(C) nature and seriousness of the alleged or confirmed abuse or neglect in relation to the current request to adopt;

(D) time elapsed since the referral;

(E) circumstances under which the abuse or neglect occurred;

(F) degree of rehabilitation, including verifiable documentation;

(G) number and disposition of referrals; and

(H) child's safety in the adoptive home.

(2) The resource field manager, or when he or she is unavailable, a Foster Care and Adoptions deputy director is included in the CW history assessment. For assessment purposes, the applicant is approved or denied based on the CW history.

(3) The discussion and basis for the decision are documented in a KIDS Pre-Resource Contact.

(c) Criminal or delinquency history. The resource specialist and resource supervisor review all criminal arrest and conviction histories for each applicant, adult household member, or a child with a JOLTS record.

(1) When assessing criminal or delinquency history, a:

(A) homicide includes any type of murder, manslaughter, or other charge involving a person's death; and

(B) relevant misdemeanor may include, but is not limited to:

(i) assault and battery;

(ii) alcohol- or drug-related offenses;

(iii) domestic violence; or

(iv) other offenses involving the use of physical force or violence against the person or property of another.

(2) According to Oklahoma Statutes, a deferred sentence means a defendant entered a plea of guilty or nolo contendere; however, the court agreed to withhold a legal finding of guilt on the condition the defendant completes the terms of the deferred sentence imposed by the court. As such, the plea the defendant enters is not a conviction to the underlying criminal charge but may be considered in determining the applicant's suitability to be an adoptive parent although the applicant was granted a deferred sentence.

(3) The resource specialist and resource supervisor consider all relevant issues when assessing the applicant's appropriateness or suitability to be an adoptive parent.

(4) Assessment of charges and convictions includes consideration of, but is not limited to, the:

(A) nature and seriousness of the criminal history;

(B) type of crime committed and charges including a detailed description of how and why the crime was committed;

(C) time elapsed since the crime or conviction;

(D) length of the deferment or length and type of sentence imposed;

(E) completion date of the deferment, sentence, or both;

(F) assignment of a probation or parole officer and the officer's contact and location information;

(G) degree of rehabilitation, positive changes the applicant has made in his or her lifestyle since the arrest or conviction and a description of how and why the changes occurred;

(H) applicant's self-evaluation regarding how the experience may influence children placed in the home;

(I) child's safety in such a placement; and

(J) information obtained from the applicant's references regarding knowledge of his or her previous and current lifestyle is considered when assessing the applicant's criminal history.

(5) The resource supervisor consults the resource field manager regarding concerning background information, including JOLTS. When the resource field manager is unavailable, a Foster Care and Adoptions deputy director is consulted. For assessment purposes, the applicant is approved or denied based on the criminal history.

(6) OKDHS LS is consulted as needed.

(7) The discussion and basis for the decision are documented in a KIDS Pre-Resource Contact.