COMMENT DUE DATE:
August 5, 2013
July 26, 2013
Mitzi Lee, Child Care Services (405) 521-2556
Dena Thayer, OIRP Prorams Administrator (405) 521-4326
Nancy kelly, OIRP Policy Specialist (405) 522-6703
Non-APA WF 13-G
The proposed policy is Non-APA . This proposal is not subject to the Administrative Procedures Act
The proposed effective date is August 7, 2013.
Chapter 110. LICENSING SERVICES
Subchapter 1. General Provisions
Part 1. Licensing Services - Child Care
OAC 340:110-1-10.1 [AMENDED]
WF F13-G Instructions to Staff (ITS) only
SUMMARY:OAC 340:110-1-10.1 ITS are amended to: reflect deletion of notification of reconsideration, as this is considered part of due process provided by the Office of Client Advocacy.
SUBCHAPTER 1. GENERAL PROVISIONS
PART 1. LICENSING SERVICES - CHILD CARE
340:110-1-10.1. Child Care Restricted Registry ITS ONLY
(a) Legal basis.Section 405.3 of Title 10 of the Oklahoma Statutes requires the Oklahoma Department of Human Services (OKDHS) to establish and maintain a Child Care Restricted Registry (Restricted Registry), which is named Joshua's List.Individuals identified as registrants are prohibited from licensure, ownership, employment, and/or residence in a licensed child care facility.The Restricted Registry search is required for:
(1) any individual making application for licensure to operate a child care facility;
(2) any individual signing the application as a household member;
(3) any individuals age 18 years or older, prior to their residence in a licensed child care facility, excluding residential facilities and child placing agencies; and
(4) any individuals to be employed by a licensed child care facility, including all caregivers, auxiliary staff, and substitute or assistant caregivers.¢ 1
(b) Registrants.Individuals recorded on the Restricted Registry are identified as registrants.Registration may result after review by the restricted registry review committee and all appeals are exhausted when:
(1) a finding of abuse or neglect, as defined in Section 1-1-105 of Title 10A of the Oklahoma Statutes, by an individual when the abuse or neglect occurred to children while in the care of a licensed child care facility;
(2) a denial or revocation of a child care facility license;
(3) a specified criminal history for individuals who have entered a plea of guilty, nolo contendere, no contest, or a conviction for the following felony offenses:
(A) child abuse or neglect;
(B) a crime against a child;
(C) a crime involving violence, including, but not limited to rape, sexual assault, or homicide;
(4) a specified criminal history for individuals who have entered a plea of guilty, nolo contendere, no contest, or a conviction within the five-year period preceding the application date for licensure, prior to employment and residence, for the following felony offenses:
(A) domestic abuse;
(B) a drug-related offense; or
(5) an individual required to register pursuant to Sex Offender Registration Act or Mary Rippy Violent Crime Offenders Act.¢ 2
(c) Restricted Registry search for facility owners.Upon receipt of a complete application, the licensing specialist conducts a Restricted Registry search on the facility owner and Form 07LC101E, Restricted Registry Verification, is placed in the facility file.If owner is a:
(1) registrant, licensing documents contact with owner on Form 07LC080E, Licensing Services Supplemental Information, regarding their registration.¢ 3
(2) non-registrant, procedures for processing a facility application are followed per OAC 340:110-1-6 or 340:110-1-45.
(d) Restricted Registry search for child care facility owners, employees, and residents.For individuals identified in (a)(1) - (4) of this Section, Form 07LC101E, dated within the last 30 days, is submitted to the licensing records office with Form 07LC096E, Criminal History Review Request.
(e) Registration as a result of findings of abuse or neglect investigations by Child Welfare.Licensing staff notifies the licensing records office upon receipt of substantiated or confirmed findings when the abuse or neglect occurred to children while in the care of a licensed child care facility.¢ 4The licensing records office verifies appeal status before requesting investigation information from licensing for potential registrants identified in (a)(1) - (4) of this Section.¢ 5Investigation information is then forwarded to the restricted registry review committee for consideration per (i) of this Section.
(f) Registration as a result of findings of abuse or neglect investigations by Office of Client Advocacy (OCA).OCA submits investigations of abuse or neglect to the residential licensing programs manager who reviews the information.Information meeting registration criteria identified in (b)(1) of this Section is forwarded to the licensing records office supervisor.Investigation information is then forwarded to the restricted registry review committee for consideration per subsection (i).The licensing records office verifies OCA appeal status before requesting legal review.
(g) Registration as a result of a denial or revocation.Procedures regarding the denial or revocation of a license are followed per OAC 340:110-1-10 or 340:110-1-52.A copy of the cease and desist letter and revocation or denial letter is forwarded to the licensing records office.Documentation relating to the denial and revocation is forwarded to the restricted registry review committee for consideration per subsection (i).
(h) Registration as a result of a specified criminal history.If a criminal history review conducted by the licensing records office reveals an individual is a potential registrant as indicated in (b)(3) - (5), and a waiver has not been granted, all criminal background information is forwarded to the restricted registry review committee for consideration per subsection (i).
(i) Restricted registry review committee.The restricted registry review committee consists of five OKDHS staff who make a determination of registration within 30 days of receipt of information from the licensing records office.¢
(1) Criteria considered for registration includes the:
(A) age of the individual at the time of the offense(s);
(B) length of time since the offense(s) occurred;
(C) number and types of offenses for which the individual was convicted or findings made;
(D) circumstances surrounding commission of the offense(s) that demonstrate willful intent;
(E) likelihood the individual will re-offend; and
(F) other documentation submitted indicating that the health, safety, and well-being of children are or are not endangered.
(2) The review committee standard to determine registration by clear and convincing evidence includes consideration of:
(A) the individual's history of behavior likely to create a reasonable risk of harm to children; and
(B) whether the individual is unsafe with children; either alone or in a group.
(3) The determination is based upon a majority decision of the committee members.
(4) When registration is recommended by the review committee, registration information is forwarded to the licensing records office supervisor.
(j) Restricted Registry Legal Review.The licensing records office supervisor or designee submits registration information to OKDHS Legal Division requesting legal review for registration.
(k) Restricted Registry notification.Within five days of receipt of OKDHS Legal Division review, the licensing records office notifies the potential registrant on Form 07LC102E, Restricted Registry Notification.The notification:
(1) is sent by certified mail, return receipt requested; and
(2) advises the potential registrant of their;
(A) right to appeal within 30 days of receipt of notice; and
(B) failure to request a hearing, within the time frame specified, may result in registration per subsection (m) of this Section.
(l) Restricted Registry appeal process.A request for an appeal is forwarded to the licensing records office.¢
(m) Registration.When no appeal is requested within the specified timeframe or when an administrative decision becomes final, the licensing records office:
(1) mails Form 07LC103E, Restricted Registry Final Notification, to registrant's last known address;
(2) mails Form 07LC104E, Restricted Registry Notification to Child Care Facility, to the facility where registrant resides and/or is employed;
(3) notifies licensing staff regarding registration; and¢
(4) enters registrant information on the Restricted Registry database.¢
(n) District Court appeal process.Any registrant aggrieved by the decision may appeal to the District Court of the county in which the child care facility is maintained and operated by filing with the clerk of the court a verified petition.Notice of such appeal shall be served on the OKDHS Director within five days of the date of its filing.
(o) Request for registration removal.A registrant may request removal after 60 months from the date of being recorded on the Restricted Registry.A request for removal from the Registry is forwarded to the licensing records office for submission to the restricted registry review committee.The restricted registry review committee makes a determination as to removal within 30 days of receipt of notice from the licensing records office.¢
(1) Criteria considered for removal includes, but is not limited to criteria in subsection (i)(1)(A) - (F) and:
(A) current criminal background review conducted within 30 days;
(B) statements of work and training history since registration;
(C) personal statement of rehabilitative efforts; and
(D) length of time on the Restricted Registry.
(2) A decision as to removal is based upon a majority decision of review committee members.¢
(p) Registration removal. Licensing Records office provides notification to the registrant of the committee decision.¢
INSTRUCTIONS TO STAFF 340:110-1-10.1
1.Contracted staff are considered employees when used in staff-child ratio.
2.Licensing is not responsible for conducting the Mary Rippy Violent Offenders search; however, if knowledge is obtained regarding an individual's registration the information is forwarded to the licensing records office (LRO).
3.Licensing requests withdrawal of the application.
If When the application is not withdrawn, licensing proceeds with denial procedures per OAC 340:110-1-10 or 340:110-1-52.
4.(a) Upon completion of a
child welfare Child Welfare Services (CWS) investigation, licensing requests the following information from child welfare the:
(1) Form 04CP004E, Child Welfare Investigative Summary Notification to Oklahoma Child Care Services;
(2) Report to the District Attorney; and
(3) Form 04KI019E, Notification Concerning Findings of Child Abuse/Neglect, for reports for all alleged perpetrators containing substantiated findings.
(b) Licensing staff emails the
licensing records office LRO at OCCSRestrictedRegistry@okdhs.org and provides the:
the date of Form 04KI019E, Notification Concerning Findings of Child Abuse/Neglect;
(2) child welfare referral number;
(3) perpetrator's name, address, birth date, Social Security number; and
(4) facility name, address, and license number.
(c) The licensing records office tracks the status of the appeal process.
Children and Family Services Division (CFSD) CWS notifies the licensing records office LRO of the request for appeal and the appeals committee final decision of CFSD appeals committee, if when applicable.
5.Licensing staff forward the Report to the District Attorney and any other supporting documentation to the
licensing records office LRO.
Upon receipt of review committee decision for registration and prior to Oklahoma Department of Human Services (OKDHS) Legal Division review for registration, the licensing records office notifies the potential registrant of his or her rights for Office of Client Advocacy (OCA) reconsideration. 7.The members of the restricted registry review committee include three OCCS State Office staff, and one representative from CFSD CWS and OCA Office of Client Advocacy (OCA).The licensing records office tracks the process. 87. Licensing records office LRO forwards the appeal request to the OKDHS Oklahoma Department of Human Services (DHS) Legal Division Services. 98.Licensing may be required to visit the facility to verify the registrant is no longer employed or residing in the facility.If the registrant is still employed or residing in the facility, licensing staff proceed per OAC 340:110-1-9.3 or 340:110-1-47.2. 109. Registrant's The registrant's full name, including aliases, date of registration, date of birth, and Social Security information number, and date of registration is entered on the Restricted Registry database.No other information related to the investigation, offense, revocation, or denial is disclosed to the public. 1110. Registrant The registrant may grieve registration removal per OAC 340:110-1-15 or 340:110-1-54. 1211. Licensing records office LRO removes registrant from the Restricted Registry database within five business days.