OKDHS.org - OAC 340:110-1-55. Public inspection of licensing files

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340:110-1-55. 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, 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 Sections 401 through 410 of Title 10 of the Oklahoma Statutes that are considered public records are open and available for public inspection during reasonable hours. However, information obtained concerning a report of a violation of a licensing requirement is confidential pursuant to Section 406 of Title 10 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 in the OKDHS Human Service Center of the licensing staff and are inspected at that location. Licensing records may be inspected by the public in the presence of licensing staff.

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

(e) Fees for photocopying. For photocopy fee information refer to OAC 340:2-21-16.

(f) Release of confidential information. A complete case file that includes confidential information may be provided only to certain persons according to applicable laws and regulations, such as the OKDHS Legal Division and Division of Children and Family Services, law enforcement officials, and upon order of a court of competent jurisdiction.

INSTRUCTIONS TO STAFF 340:110-1-55

Revised 07-01-08

1. Oklahoma Child Care Services (OCCS) licensing staff prepares a case to be available for inspection within 24 hours of the request. Information that is maintained in a confidential manner and is not made a part of the public record includes:

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

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

(3) reports from Office of Client Advocacy (OCA), Oklahoma Commission on Children and Youth (OCCY), or law enforcement officials regarding an abuse investigation. If an investigation was conducted by OCA, 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 OCA worker may be included;

(4) any criminal history investigation report involving 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) staff reference letters when confidentiality is requested by the person providing the reference;

(9) Social Security numbers, federal identification numbers, 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 completed or has been declined, and copies of police reports that are part of a current investigation or that the police have requested remain confidential. Police incident reports that are made available to the general public may remain in the public record;

(12) a draft denial or revocation summary that has not been issued by OKDHS 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 an OCA investigation are purged from the record;

(13) a letter from a parent or the public about a facility that the writer does not want released; and

(14) reports from OCA.

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