(a) Required staff. The child-placing agency (agency) employs:
- (1) an executive director or administrator. In the absence of the executive director or administrator, a person is designated in charge who is immediately accessible in person or by phone to authorized representatives of the Oklahoma Department of Human Services (OKDHS);
- (2) a child placement supervisor responsible for all placements in out-of-home care and final approval of all home studies;
- (3) social services staff responsible for providing social services, including, but not limited to:
- (A) casework services to children and their families;
- (B) adoptive child and family studies;
- (C) placement services;
- (D) certification of agency facilities;
- (E) admission assessments; and
- (F) service planning;
- (4) child care workers, if applicable; and
- (5) sufficient clerical staff to keep correspondence, records, bookkeeping, and files current and in good order.
(b) Volunteers. If volunteers have contact with children in care, the agency:
- (1) has current written volunteer policy to protect the children's health, safety, and well-being that includes:
- (A) selection and screening criteria, including a criminal history investigation in accordance with Section 404.1 of Title 10 of the Oklahoma Statutes; and
- (B) requirements for:
- (i) orientation; and
- (ii) supervision; and
- (2) provides orientation before volunteers have contact with children.
(c) Personnel policy. Written personnel policy defining staff, job responsibilities, qualifications, and lines of authority is available to staff.
- (1) The executive director or administrator is responsible for employment and dismissal of personnel.
- (2) Agency policy includes availability of on-call and substitute staff.
- (3) The agency obtains a minimum of three written references to include the most recent employer, if applicable, for all staff prior to employment.
- (A) When written references cannot be obtained prior to employment, telephone interviews are conducted and documented which include dates, interview questions, responses, and the interviewer's signature. Written references are required after 30 days.
- (B) Copies of references are maintained on file.
- (4) Tuberculosis skin testing is not required to qualify for employment. The agency requires employees to comply with the Oklahoma State Department of Health recommendations regarding tuberculosis skin testing when a local tuberculosis exposure is identified.
(d) Criminal history investigations.
- (1) Required persons. A criminal history investigation is required for:
- (A) all applicants for employment prior to being hired;
- (B) other caregivers who have unsupervised access to children or who are counted to meet staff-child ratios, such as volunteers; and
- (C) all adults who live in the facility, including providers' spouses and adult children.
- (2) Exceptions. Criminal history investigations are not required for:
- (A) new staff who have documentation of criminal history investigations within the previous 12 months;
- (B) staff who move to a new facility operated by the same organization; and
- (C) parent volunteers who transport children on an irregular basis.
- (3) Authorized agencies. A criminal history investigation is obtained from:
- (A) the Oklahoma State Bureau of Investigation (OSBI); and
- (B) the authorized agency in a person's previous state of residence if the person has resided in Oklahoma less than one year.
- (4) Sex Offenders Registry. A criminal history investigation conducted by OSBI includes a search of Department of Corrections files maintained by OSBI pursuant to the Sex Offenders Registration Act.
(e) Prohibitions. The agency is prohibited from knowingly employing or allowing any person to provide services to children for whom there is documented evidence or reason to believe that the person would endanger the health, safety, or well-being of children or other persons. Included is any person who has been:
- (1) convicted of, whether by verdict or plea of guilty or nolo contendre, no contest, or received a suspended sentence for, a sex crime pursuant to Section 581 of Title 57 of the Oklahoma Statutes;
- (2) convicted of, whether by verdict or plea of guilty or nolo contendre, no contest:
- (A) any criminal activity involving violence against a person;
- (B) child abuse or neglect;
- (C) possession, sale, or distribution of illegal drugs;
- (D) sexual misconduct; or
- (E) gross irresponsibility or disregard for the safety of others; or
- (3) identified by a court as a perpetrator of child abuse or neglect or has made an admission of guilt to a person authorized by state or federal laws or regulations to investigate child abuse and neglect.
(f) Request for waiver. The agency may request a waiver from the requirements contained in OAC 340:110-5-8(e)(2) and (3). A waiver may not be requested or granted to any person who has been convicted of a sex offense pursuant to the Sex Offenders Registration Act.
- (1) The waiver request is submitted in writing to OKDHS and considered by the residential licensing programs supervisor and includes:
- (A) the type of crime or offense for which the person was convicted or a finding was made;
- (B) the nature of the offense(s);
- (C) the age of the person at the time of the offense(s);
- (D) circumstances surrounding commission of the offense(s) that demonstrate the likelihood of repetition;
- (E) the number of offenses for which the person was convicted or findings made;
- (F) the length of time since the last conviction or finding;
- (G) the relationship of the offense(s) and the ability to care for children;
- (H) evidence of rehabilitation, such as activities and education since the offense was committed;
- (I) a statement from the person with the criminal history; and
- (J) opinions of reliable community members concerning the person in question.
- (2) The person for whom the waiver is requested may not be employed by the agency or have access to children until a decision is made and written notification is received.
(g) Restrictions. The restrictions contained in this subsection apply to employees and persons who provide services to the agency.
- (1) A person who is employed by the agency or provides services to the agency may not use or be under the influence of alcohol or illegal drugs during hours of work.
- (2) If a staff member is alleged to have committed an act described in subsection (e) of this Section, a determination is made and documented as to whether the staff member is to be removed from contact with children until the allegation is resolved. If criminal charges are filed, the accused is removed from contact with children until the charges are resolved.
- (3) A person who received a deferred sentence for any charge in (e)(2) of this Section is removed from contact with children for the duration of the deferment.