OKDHS.org - OAC 340:110-1-14. Public inspection of licensing files

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340:110-1-14. Public inspection of licensing files

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Revised 7-1-08

(a) Legal basis. The Oklahoma Department of Human Services (OKDHS) is subject to the Oklahoma Open Records Act, Section 24A.1 et seq. of Title 51 of the Oklahoma Statutes (O.S.), which mandates that public records are open for public inspection unless they are required by law to be kept confidential.

(b) Licensing records. All OKDHS records of facilities required to be licensed under 10 O.S. § 401 et seq. that are considered public records are open and available for public inspection during reasonable hours. Information obtained concerning a report of a violation of a licensing requirement is confidential pursuant to 10 O.S. § 406 with the exception of a summary of allegations and findings of an investigation involving a child care facility that does not disclose identities but that permits parents to evaluate the facility.

(c) Location of case records. Child care facility licensing records are located and inspected in the OKDHS Human Service Center where licensing staff reside. If a parent resides in another county, the licensing staff makes the record available in that county.

(d) Preparation of case files for inspection. The licensing staff carefully reviews the entire record and removes confidential information. • 1

(e) Records of complaints. To allow persons inspecting a licensing record to have access to information regarding complaints, Form 07LC081E, Licensing Complaint Report Summary, is included in the file. Form 07LC012E, Licensing Complaint, is removed from the file that is open for public inspection. If information regarding a complaint is requested prior to completion of the investigation, the licensing staff explains that information regarding the allegation and findings is released after the investigation is complete.

(f) Supervision of files during inspection. Facility records are inspected in the presence of OKDHS staff persons who are available to provide clarification on licensing policy and requirements.

(g) Fees for photocopying. Information regarding photocopying fees is at OAC 340:2‑21‑16.

(h) Release of confidential information.

(1) A complete case file that includes confidential information is not released to the public, and may be provided only to certain persons according to applicable laws and regulations, for example, OKDHS Legal Division, Children and Family Services Division, law enforcement officials, and upon order of a court of competent jurisdiction. • 2 & • 3
(2) The name or other identifying information of a complainant listed on Form 07LC012E is confidential and released only upon order of a court of competent jurisdiction.

(i) Computer licensing record. A summary of the facility licensing record maintained on the computer database may be provided upon request at no charge. A cover letter is sent with the licensing summary that notes that the summary does not include the complete case record, and that the complete case record may be reviewed in the OKDHS Human Service Center where the facility is located.

INSTRUCTIONS TO STAFF 340:110-1-14

Revised 7-1-08

1. OCCS licensing staff prepares a case to be available for inspection within 24 hours of the request.

(a) Information that is maintained in a confidential manner and is not made a part of the public record includes:

(1) names and identifying information regarding children, their parents, and relatives;

(2) documentation of collateral interviews regarding non-compliance or a complaint;

(3) reports from Child Welfare (CW), Adult Protective Services, and law enforcement officials regarding an abuse investigation. If an investigation was conducted by CW, a summary of the allegations and findings of an investigation that does not disclose identities but permits parents to evaluate the facility is part of the public record. The name of the CW worker may be included;

(4) any criminal history investigation report regarding a juvenile;

(5) a criminal history waiver request. The letter granting or denying the waiver may remain in the public file unless it contains information regarding a juvenile;

(6) information regarding a child with a disability;

(7) name and identifying information of a complainant;

(8) documents containing staff salary information;

(9) Social Security, federal identification, and employee identification numbers;

(10) copies of computer checks of Oklahoma Department of Human Services (OKDHS) records;

(11) letters to the police regarding drug allegations unless the police investigation is complete or has been declined, and copies of police reports that are part of a current investigation or that the police have requested remain confidential. However, police incident reports that are made available to the general public may remain in the public record;

(12) information regarding a complaint prior to the completion of an investigation;

(13) a draft denial or revocation summary that has not been issued by OCCS State Office. If the summary has been issued, it may be part of the public record, but the names of children, complainants, and perpetrators in a CW investigation are purged from the record; and

(14) a letter from a parent or the public about a facility that the writer does not want released. Letters and information from training consultants may remain in the public record.

(b) Confidential information is protected by:

(1) removing all protected information from the file, such as the CW report, Form 07LC012E, Licensing Complaint, and Form 08AD006E, Certification for Special Needs Child Care Rate; or

(2) staff must not mark through confidential information on original documents, for example, Social Security numbers, children's names on a monitoring report, or staff named in a CW investigation. Whenever possible, forms remain in the file with confidential information marked out so that parents have access to as much information as permissible.

2. Release of confidential files. If a licensing file is subpoenaed, licensing staff immediately contacts the statewide licensing coordinator or designee who consults with OKDHS legal division.

3. Confidential records that have been provided by other OKDHS divisions or other agencies, such as CW, Family Support Services, and law enforcement, are kept in a confidential manner.

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