(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:
-
-
(B) requirements for:
-
(i) orientation; and
-
(ii) supervision; and
-
(2) provides orientation before volunteers have contact with children.
(c) Personnel policy. Written personnel policy is available to staff defining job responsibilities, qualifications, and lines of authority.
-
(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 records search. The executive director or administrator submits to the licensing records office:
-
(1) documentation of a search conducted within the last 30 days of the Child Care Restricted Registry for persons included in (3)(A ) - (B);
-
(2) a completed criminal history records search conducted within the last 12 months including dispositions on all charges; and
-
(3) a criminal history review request on a form provided by Oklahoma Department of Human Services (OKDHS) requesting an Oklahoma State Courts Network search for:
-
(A) any person making application to establish or operate a child-placing agency;
-
(B) all applicants for employment prior to being employed; and
-
(C) all persons 18 years of age or older who reside in the facility, including providers' spouses and adult children.
(e) Unsupervised access to children. The agency obtains a completed criminal history records search for persons who have unsupervised access to children, or who are counted to meet staff-child ratios, such as volunteers.
(f) Exceptions. Criminal history investigations are not required for:
(g) Authorized agencies. A criminal history records search is obtained from:
(h) Sex Offender Registry. The OSBI report must include a search of Oklahoma Department of Corrections' files maintained by OSBI pursuant to the Sex Offender Registration Act.
(i) Verification of records search.
-
(1) Prior to issuance of initial permit or change of ownership. The agency must receive criminal history review results from OCCS licensing records office for all employees.
-
(2) Existing agencies. The agency must submit a criminal history review request on a form provided by OKDHS to OCCS licensing records office for all employees prior to employment. This request for review must be maintained on file at the agency while awaiting the results.
(j) Prohibitions. The agency is prohibited from knowingly hiring 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:
-
-
(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;
-
(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; or
-
(4) identified as a registrant on the Child Care Restricted Registry.
(k) Request for waiver. The agency may request a waiver from the restrictions contained in subsection (j)(2) and (3) of this Section.
-
(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.
-
(3) A waiver may not be granted to any person:
-
(A) convicted of a sex offense pursuant to the Sex Offender Registration Act;
-
(B) required to register under the Mary Rippy Violent Crime Offenders Registration Act; or
-
(C) identified as a registrant on the Child Care Restricted Registry.
(l) 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 (j) of this Section, a determination is made and documented as to whether the staff member is 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 subsection (j)(2) of this Section is removed from contact with children for the duration of the deferment.