INSTRUCTIONS TO STAFF 340:75-7-15

Revised 6-1-09

1.  Background checks.  All searches, except for Juvenile Justice Information System (JOLTS), are completed on each foster applicant and adult household member using current and previous names, aliases, and Social Security numbers.

(1) OSBI and FBI searches.

(A) Authorization by signature.  Child Welfare (CW) staff advises the applicant that the applicant's signature on Form 04AD003E, Request for Background Check, authorizes Oklahoma Department of Human Services (OKDHS) to complete an investigation of the applicant.

(B) Process.  The anticipated time frame for completion of the entire fingerprinting process is eight weeks.  The process for obtaining, sharing, and recording an Oklahoma State Bureau of Investigation (OSBI) name and records search and Federal Bureau of Investigation (FBI) national criminal history records search consists of CW staff:

(i) submitting Form 04AD003E to Children and Family Services Division (CFSD) Fingerprint Processing Section;

(ii) retaining a copy of Form 04AD003E in the resource record;

(iii) submitting one Form 04AD003E for the OSBI name search and a separate Form 04AD003E with fingerprint cards for the OSBI records search and FBI national criminal history records search for every adult household member;

(iv) providing two fingerprint cards to every person 18 years or older residing in the applicant's home;

(v) providing the applicant with an automated fingerprinting authorization through Finance AS400;

(vi) instructing the applicant to take the authorization and fingerprint cards to local law enforcement or a fingerprinting agency for fingerprinting services and return the cards to CW staff once fingerprinting is completed;

(vii) checking the fingerprint cards for accuracy and forwarding all cards for the applicant's household, along with Form 04AD003E to the Fingerprint Processing Section;

(viii) if the fingerprint cards are rejected and reprinting is necessary, returning the cards to and instructing the person to take the cards to the original vendor, who reprints the person at no additional charge;

(ix) storing fingerprint results in a locked file cabinet for all adult household members each in a separate manila envelope with the name and resource number written on the outside; and

(x) entering the date of the search in KIDS Criminal Background Check screen.

(2) Court records search.  A search is completed to determine whether there has been any court involvement and, if so, the disposition of criminal charges and court involvement.  The results are documented on Form 04AF007E, Records Check, and filed in the resource record.  CW staff searches:

(A) the Oklahoma State Courts Network (OSCN) at http://www.oscn.net/;

(B) offender information and offender lookup through Oklahoma Department of Corrections (DOC) at http://www.doc.state.ok.us/; and

(C) Oklahoma District Court Records (ODCR) at http://www.odcr.com/.

(3) OKDHS records search.  CW staff completes a search of all OKDHS records including CW history.  A search is completed using the Information Management System (IMS) and KIDS with the adult's Social Security number and date of birth.  The information is recorded on Form 04AF007E and filed in the resource record.

(4) JOLTS search.  CW staff completes a search on JOLTS of all children in the home older than 13.  The results are documented on Form 04AF007E and filed in the resource record.

2.   Exception.  CW staff submits the request for an exception in writing to the Fingerprint Processing Section.  Upon review, the Fingerprint Processing Section determines if the request meets the criteria for an exception and sends the request to the Foster Care Section for approval.  It is not acceptable for an alternative background check process to be used when fingerprints impressions are of low quality due to lack of technological capacity or use of improper techniques.  The Foster Care Section responds to the CW staff with the determination and the response is placed in the resource file.  The Fingerprint Processing Section uses an alternative procedure and requests a name-based check of the NCID. 

(1) Inability to obtain fingerprints due to a physical disability.  A name‑based check of the NCID must be conducted to obtain a comprehensive criminal background check when fingerprints cannot be obtained due to a physical disability.  This alternative procedure is for limited and case-specific situations, such as when a fingerprint specialist has documented that the prospective foster parent's disabling condition prevents fingerprinting, or the individual does not have fingers.

(2) Inability to obtain results due to low quality fingerprints.  If the individual's fingerprint impressions are rejected by the NCID, an alternate procedure to conduct a name-based check of the NCID must be conducted to obtain a comprehensive criminal background check.  This alternative procedure is for limited and case-specific situations.

3.  Child Abuse and Neglect information.  If a state that maintains a child abuse and neglect registry does not respond appropriately to an information request, the foster care supervisor notifies the CFSD foster care programs manager who contacts the Administration for Children and Families regional office for assistance.  If information cannot be obtained from the other state(s), the CW staff documents the name of the state(s) and efforts made to obtain the information in the resource record.

4.  Kinship Bridge resource applicant criminal background records search after normal business hours or on a holiday.  CW staff:

(1) request a purpose code x name-based NCIC criminal history search;

(2) documents the criminal history search by local law enforcement after normal business hours and on holidays in KIDS Resource Contacts screen;

(3) submits signed Form 04AD003E to the Fingerprint Processing Section the next working day, indicating that it is an after hours follow-up;

(4) submits the fingerprint cards to the Fingerprint Processing Section within five business days of the name-based after hours background records check, attached to a copy of the previously submitted Form 04AD003E; and

(5) does not place a child in a kinship Bridge resource home if the prospective kinship Bridge resource applicant or person age 18 or older residing in the home refuses fingerprinting.  A child in placement is removed if the prospective kinship Bridge resource applicant or person age 18 or older residing in the home refuses fingerprinting.

5.  Assessment of other related crimes, charges, and convictions.  The resource specialist conducts a thorough assessment of the risk potential to the child and obtains approval to consider the applicant from the applicable area or state review committee when there is any felony or relevant misdemeanor criminal arrest or conviction history on the applicant or anyone living in the home. 

(1) The resource specialist considers any other issues that may be relevant in assessing appropriateness of the applicant.

(2) According to Oklahoma law, a deferred sentence is not a conviction nor considered as such, but a finding or plea of guilty or nolo contendere to a charge may be considered even if the person has been granted a deferred sentence.

(3) Assessment of charges and convictions include, but are not limited to:

(A) type of crime committed;

(B) time elapsed since the crime or conviction;

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

(D) completion date of the sentence;

(E) assignment of a probation officer and the officer's information;

(F) positive changes the applicant has made in his or her lifestyle and a description of how and why the changes occurred;

(G) self-evaluation by the applicant regarding how the experience may help children or youth placed in the home; and

(H) provisions for the safety and well-being of a child in the home due to the applicant's criminal history.

(4) Committees reviewing criminal history. 

(A) An area committee reviews situations involving any Bridge resource applicant or person living in the home who has a criminal arrest or conviction for any felony or relevant misdemeanor.  If the Bridge resource considered for placement is in another area, the area committee where the Bridge resource is geographically located is the committee that reviews and makes the determination.  If there is no consensus of the area committee members, the state committee reviews the history and makes a determination.  The area committee includes:

(i) the foster care supervisor and the appropriate county director;

(ii) the area adoption supervisor; and

(iii) a Child Welfare field liaison (CWFL) or permanency field liaison (PFL) as assigned by the area director.

(B) The state committee reviews situations where there is no consensus of the area committee members, or when the area committee has not denied an applicant with a criminal arrest or conviction history believed to involve one or more of the specifically prohibited felony offenses:

(i) physical assault, battery or a drug-related offense within the five year period preceding the application date;

(ii) child abuse or neglect;

(iii) domestic abuse;

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

(v) a crime involving violence, including but not limited to, rape, sexual assault or homicide, but excluding physical assault or battery.  Homicide includes manslaughter.

(C) The criminal history information is transmitted to the state committee for review.  The state committee will confirm whether the criminal history includes a felony conviction that prohibits the Bridge resource applicant from further consideration or if the arrest or conviction history is not a bar, whether the Bridge resource applicant should be considered. The decision by the state committee regarding the Bridge resource applicant is provided to the area committee and is a final decision.

(D) The state committee has consultation and technical assistance from the OKDHS Legal Division and includes:

(i) a field operations representative;

(ii) foster care programs manager II; and

(iii) adoptions programs manager III.

(E) Review committee procedures.  The foster care or adoption supervisor responsible for the application in question arranges the committee meeting as quickly as possible.  To expedite the process, the meeting can be conducted via conference call or e-mail.

(i) The committee reviews the history and determines whether the applicant may be considered.  The responsible supervisor documents in KIDS the decision for any situation not involving the specifically prohibited felony offenses, citing all relevant information that was considered and the names of the committee members and provides notification to the appropriate parties.

(ii) If the area committee determines the Bridge resource applicant should be considered and the criminal arrest or conviction history involves one or more of the specifically prohibited felony offenses, final approval for consideration of the applicant is determined by the state committee.  A referral is not made to the state committee if the applicant has been denied by the area committee.

(iii) The state committee arranges a meeting as quickly as possible to review the decision and notifies the area committee of the results.  The appropriate programs manager documents the decision in KIDS, citing all relevant information that was considered and the names of the committee members.

(iv) Any decision allowing consideration of the Bridge resource applicant is documented on the appropriate screen in the KIDS resource case(s), and represents the official OKDHS position.

6.  CW history results.  The resource specialist consults on a case-by-case basis with the CW supervisor, CWFL, and county director about any CW history found, including appeal decisions.

7.  CW history results on closed Bridge resource homes.  CFSD Foster Care Section reviews the CW history and makes a recommendation in writing to the county director.

8.   JOLTS information.  The resource specialist consults on a case-by-case basis with the CW supervisor, CWFL, and county director about any JOLTS history found.  The county director considers the:

(1) nature and seriousness of the JOLTS history;

(2) time elapsed since the JOLTS history;

(3) circumstances of the JOLTS history;

(4) child's ongoing involvement with Office of Juvenile Affairs; and

(5) child's degree of rehabilitation.