Okla. Admin. Code § 340:110-5-8

Current through Vol. 42, No. 7, December 16, 2024

Section 340:110-5-8 - Personnel

(a)Required personnel. The child-placing agency (agency) employs:

(1) an executive director or administrator. In the executive director or administrator absence, an individual is designated in charge being immediately accessible in person or by phone to Oklahoma Human Services (OKDHS) authorized representatives;

(2) a child placement supervisor responsible for out-of-home care placements and home studies final approval;

(3) social services personnel responsible for providing social servicesat least, includes:

(A) child and family casework services;

(B) adoptive child and family studies;

(C) placement services;

(D) agency facilities certification;

(E) admission assessments; and

(F) service planning;

(4) child care personnel, when applicable; and

(5) clerical personnel for maintaining agency records in good order.

(b)Volunteers. When volunteers have contact with children in care, the agency maintains current written volunteer policy protecting the children's health, safety, and well-being including:

(1) selection and screening criteria, including a criminal history records search, per the Oklahoma Child Care Facilities Act, Section 404.1 of Title 10 of the Oklahoma Statutes (10 O.S. § 404.1); and

(2) requirements for:

(A) orientation, prior to child contact; and

(B) supervision.

(c)Personnel policy. Written personnel policy defining position responsibilities, qualifications, and authority lines is available to personnel.

(1) The executive director or administrator is responsible for personnel employment and dismissal.

(2) Agency policy includes on-call and substitute personnel availability.

(3) The agency obtains at least three written references including the most recent employer, when applicable, prior to employment.

(A) When written references cannot be obtained prior to employment, phone interviews are conducted and documented including dates, questions, responses, and the interviewer's signature.

(B) Reference copies are maintained on file.

(4) Testing for tuberculosis is not required for employment. The agency requires personnel comply with the Oklahoma State Department of Health recommendations regarding tuberculin skin testing when there is a local identified tuberculin exposure.

(d)Background investigations - general.

(1)Required individuals. Background investigations are required, per 10 O.S. §404.1, unless an exception per (3) of this subsection applies for:

(A) owners, prior to authorization to operate;

(B) responsible entities, prior to authorization to operate and, when there is a change in a responsible entity;

(C) personnel applicants, prior to hire; however, the program may hire individuals when:

(i) the agency has submitted a criminal history review request to the Office of Background Investigations (OBI);

(ii) only awaiting the national criminal history records search, based on fingerprint submission;

(iii) criminal history review results from the OBI are received by the agency. However, until complete results are received, the individual does not have unsupervised access to children; and

(iv) coming from another licensed program owned by the same business entity. Individuals are not required to repeat the background investigation process, unless required per (2) of this subsection, with the exception of criminal history restriction waivers, provided there is no break in employment from the business entity;

(D) individuals with unsupervised access to children, prior to having access to children, unless an exception per (3) of this subsection applies;

(E) adults living in the facility, prior to authorization to operate or moving into the facility of an existing agency. This includes children, who become 18 years of age while living in the facility; and

(F) individuals having access to, or review of, fingerprint results, prior to access to or review of results.

(2)Resubmission of criminal history reviews as of November 2, 2017. Effective November 2, 2017, programs request a criminal history review process, excluding fingerprinting, for required individuals every five years. However criminal history reviews requested prior to November 2, 2017, are resubmitted by November 1, 2022.

(3)Non-required individuals. Background investigations are not required for:

(A) specialized service professionals who are not agency personnel, provided parent releases, legal custodian or legal guardian releases are obtained, per the Licensing Act;

(B) volunteer drivers transporting children on an irregular basis and not filling another position, provided parent and legal custodian or legal guardian releases are obtained per the Licensing Act;

(C) contracted drivers not filling another position or having unsupervised access to children; and

(D) contracted non-personnel not having unsupervised access to children, such as when the program contracts for special activities or facility repair.

(e)Background investigations - Restricted Registry. The agency conducts an online search of the Restricted Registry, also known as Joshua's List, when required, per (d) of this Section.

(1)Non-registrants. Non-registrants are individuals not recorded on the Restricted Registry.

(2)Registrants. Registrants are individuals recorded on the Restricted Registry, who are prohibited from licensure, ownership, employment, unsupervised access to children, or facility residence, and prohibited individuals per (f) of this Section.

(f)Background investigations - criminal history. The agency and required individuals complete the criminal history review process. The agency receives the completed criminal history review results from OBI, when required per (d) of this Section.

(1)Criminal history prohibitions. Individuals with criminal history prohibitions are prohibited per (g) of this Section. Criminal history prohibitions include:

(A) required registration under the:

(i) Sex Offenders Registration Act, including state and national repositories; or

(ii) Mary Rippy Violent Crime Offenders Registration Act; or

(B) pleas of guilty or nolo contendere (no contest), or convictions of felonies involving:

(i) murder, as defined in Section 1111 of Title 18 of United States Code;

(ii) child abuse or neglect;

(iii) crimes against children, including child pornography;

(iv) spousal abuse;

(v) crime involving rape or sexual assault;

(vi) kidnapping;

(vii) arson;

(viii) physical assault or battery; or

(ix) a drug-related offense committed during the preceding five years, unless a criminal history restriction waiver per (2) of this subsection is granted; or

(C) pleas of guilty or nolo contendere (no contest), or convictions of violent misdemeanors committed as adults against a child involving:

(i) child abuse or child endangerment; or

(ii) sexual assault; or

(D) pleas of guilty or nolo contendere (no contest), or convictions of misdemeanors involving child pornography.

(2)Criminal history restrictions. Individuals with criminal history restrictions are prohibited per (g) of this Section, unless a criminal history restriction waiver is granted. Criminal history restrictions include pending charges, pleas of guilty or nolo contendere (no contest), or convictions of criminal activity involving:

(A) gross irresponsibility or disregard for the safety of others;

(B) violence against an individual;

(C) sexual misconduct;

(D) child abuse or neglect;

(E) animal cruelty;

(F) illegal drug possession, sale, or distribution; or

(G) a pattern of criminal activity.

(3)Criminal history restriction waivers. Restriction waivers are described in (A) through (C) of this paragraph.

(A) Restriction waivers may be requested for individuals having criminal history restrictions. The owner, responsible entity, or director completes requests on an OKDHS form.

(B) Restriction waivers are not requested or granted for:

(i) Restricted Registry registrants;

(ii) individuals with criminal history prohibitions; or

(iii) individuals whose sentence has not expired for criminal history restrictions.

(C) Individuals identified in pending or denied restriction waiver requests are prohibited per (g) of this Section.

(g)Prohibited individuals.

(1)Background investigation of required individuals. The agency does not allow a required individual to be the owner or responsible entity, to be employed, to live in the facility, or have:

(A) access to children, such as being present at the facility during the hours of operation or present with the children in care while off-site, when the individual has:

(i) criminal history prohibitions;

(ii) criminal history restrictions, unless a criminal history restriction waiver is granted. Individuals identified in a pending or denied restriction waiver request are prohibited; or

(iii) a substantiated heinous and shocking abuse finding; or

(B) unsupervised access to children, when the individual is a Restricted Registry registrant.

(2)Background investigation statements and consents. Individuals are prohibited to be the owner or responsible entity, to be employed, or to live in the facility, when:

(A) the individual refuses to consent to background investigations per (d) of this Section; or

(B) knowingly makes a materially-false statement in connection with criminal background investigations.

(3)Child endangerment. The agency is prohibited from knowingly hiring or allowing an individual to provide children services when:

(A) there is documented evidence or reason to believe the individual would endanger children's or other individuals health, safety, or well-being; or

(B) the individual is identified by a court as a perpetrator of child abuse or neglect or made an admission of guilt to an individual authorized by state or federal laws or regulations to investigate child abuse and neglect.

(4)Alcohol, drugs, and medication. Individuals employed by the agency or providing agency services to children may not use or be under the influence of:

(A) alcohol or illegal drugs; or

(B) medication impairing his or her functioning.

(5)Criminal allegations. When personnel is alleged to have committed an act per (f) of this Section, a determination is made and documented as to whether the personnel member is removed from child contact until the allegation is resolved. However, when criminal charges are filed, the accused is removed from child contact until the charges are resolved.

(6)Deferred sentences. Individuals having received a deferred sentence for charge's in (f)(2) of this Section are removed from child contact for the deferment duration.

Okla. Admin. Code § 340:110-5-8

Amended at 10 Ok Reg 2273, eff 6-11-93; Amended at 13 Ok Reg 997, eff 1-24-96 (emergency); Amended at 13 Ok Reg 2663, eff 6-28-96; Amended at 15 Ok Reg 764, eff 11-10-97 (emergency); Amended at 15 Ok Reg 1727, eff 5-11-98; Amended at 23 Ok Reg 1092, eff 6-1-06; Amended at 26 Ok Reg 415, eff 11-20-08 (emergency); Amended at 26 Ok Reg 2239, eff 7-1-09; Amended at 27 Ok Reg 48, eff 10-1-09 (emergency); Amended at 27 Ok Reg 1869, eff 7-1-10; Amended at 28 Ok Reg 1669, eff 7-1-11; Amended at 31 Ok Reg 154, eff 11-1-13 (emergency); Amended at 31 Ok Reg 1854, eff 9-15-14; Amended at 35 Ok Reg 475, eff 1-31-18 (emergency)

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/17/2018

Amended by Oklahoma Register, Volume 39, Issue 15, April 15, 2022, eff. 6/1/2022.

Amended by Oklahoma Register, Volume 40, Issue 22, August 1, 2023, eff 9/15/2023