(a) Legal basis. Section 405.3 of Title 10 of the Oklahoma Statutes (10 O.S. § 405.3) requires the Oklahoma Department of Human Services (DHS) to establish and maintain a Child Care Restricted Registry or Restricted Registry, also named Joshua's List. Individuals identified as registrants are prohibited from licensure, ownership, employment, unsupervised access to children, and/or residence in a licensed child care facility. The Restricted Registry search is required per OAC 340:110-1-8.1.
(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 10A O.S. § 1-1-105
, by an individual when the abuse or neglect occurred to children while in the care of a licensed child care program;
(2) a denial or revocation of a child care program 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 and ownership, prior to employment, unsupervised access to children, and residence, for the following felony offenses:
(5) an individual required to register pursuant to Sex Offender Registration Act or Mary Rippy Violent Crime Offenders Act.
(c) Restricted Registry search for program owners. Upon receipt of a complete application, the licensing specialist conducts a Restricted Registry search on the program owners and Form 07LC101E, Restricted Registry Verification, is placed in the facility file. When the owner is a:
(1) registrant, Licensing documents contact with the owner on Form 07LC080E, Licensing Services Supplemental Information, regarding the owner's registration. • 1
(d) Restricted Registry search for child care program owners, employees, individuals with unsupervised access, and residents. The Licensing Records Office (LRO) verifies on the submitted Form 07LC096E, Criminal History Review Request for Programs, that the program conducted a restricted registry search within 30 calendar days of submission.
(e) Registration as a result of findings of abuse or neglect investigations by Child Welfare. Licensing staff notifies LRO upon receipt of substantiated or confirmed findings when the abuse or neglect occurred to children while in the care of a licensed child care program. • 2 LRO verifies appeal status before requesting investigation information from Licensing for potential registrants. • 3 Investigation 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 LRO. Investigation information is then forwarded to the restricted registry review committee for consideration per (i) of this Section. LRO verifies OCA appeal status before requesting further review. • 4
(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 LRO by the statewide licensing coordinator or designee. Documentation relating to the denial and revocation is forwarded to the restricted registry review committee for consideration per (i) of this Section.
(h) Registration as a result of a specified criminal history. When a criminal history review conducted by LRO, including Record of Arrest and Prosecution (RAP) Back, reveals an individual is a potential registrant as indicated in (b)(3) - (5), and a criminal history restriction waiver has been rescinded or not been granted, all criminal background information is forwarded to the restricted registry review committee for consideration per (i) of this Section. • 5
(i) Restricted registry review committee. The restricted registry review committee consists of five DHS staff who makes a determination of registration within 30 calendar days of receipt of all necessary information from LRO. • 6
(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:
(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 LRO.
(j) Restricted Registry legal review. LRO submits registration information to DHS Legal Services requesting legal review for registration. • 7
(k) Restricted Registry notification. Within five DHS business days of receipt of DHS Legal Services review, LRO 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 the;
(A) right to appeal within 30 calendar 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 LRO.
(m) Registration. When no appeal is requested within the specified timeframe or when an administrative decision becomes final, the LRO:
(1) mails Form 07LC103E, Restricted Registry Final Notification, to registrant's last known address;
(2) mails Form 07LC104E, Restricted Registry Notification to Child Care Program, to the program where registrant is associated;
(3) notifies licensing staff regarding registration; and • 8
(4) enters registrant information on the Restricted Registry database. • 9
(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 program is maintained and operated by filing with the clerk of the court a verified petition within 10 days after the decision.
(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 LRO for submission to the restricted registry review committee. The restricted registry review committee makes a determination as to removal within 30 calendar days of receipt of notice from the LRO. • 6
(p) Registration removal. LRO provides notification to the registrant of the committee decision.