A. The Department of Human Services shall promulgate rules to establish and maintain the Restricted Registry, accessible to the public through an online database, to address:
1. A procedure for recording individuals on the Restricted Registry resulting from:
a. a substantiated finding of abuse or neglect, as defined in Section 1-1-105 of Title 10A of the Oklahoma Statutes, by an individual when the abuse or neglect occurred to a child while in the care of a facility licensed, certified, operated or contracted by or with the Department or the Office of Juvenile Affairs. The provisions of this subparagraph shall apply to:
(1) the Central Oklahoma Juvenile Center, the Oklahoma Juvenile Center for Girls and the Southwest Oklahoma Juvenile Center upon the effective date of this act,
and
(2) facilities licensed by, certified by or contracting with the Office of Juvenile Affairs after November 1, 2018,
b. a revocation or denial of a child care facility license, and
c. a specified criminal history of an individual, as defined by rules promulgated by the Department;
2. A procedure to provide notice and an opportunity for review to the individual and, if the individual is an employee of a facility licensed, certified, operated or contracted by or with the Office of Juvenile Affairs, to the facility prior to recording an individual on the Restricted Registry;
3. Disclosure requirements for information on the Restricted Registry; and
4. A procedure to prohibit licensure, ownership, employment, unsupervised access to children or residence in a facility or program licensed, certified, operated or contracted with by the Department or the Office of Juvenile Affairs.
B. The Restricted Registry shall include, but not be limited to:
1. The full name of the individual;
2. Information necessary to identify the individual; and
3. The date the individual was recorded on the Restricted Registry.
C. Nothing in this section shall be construed as to permit the placement of an operator of a child care facility on the Restricted Registry unless the operator:
1. Is the subject of a substantiated finding of child abuse or neglect;
2. Has been subject to a revocation or denial of a child care facility license; or
3. Has a specified criminal history, as defined by rules promulgated by the Department.
Credits
Laws 2008, c. 296, § 9, eff. Nov. 1, 2008; Laws 2011, c. 266, § 5, eff. Nov. 1, 2011; Laws 2013, c. 308, § 8, eff. Nov. 1, 2013; Laws 2015, c. 158, § 1, eff. Nov. 1, 2015; Laws 2017, c. 253, § 2, eff. Nov. 1, 2017; Laws 2021, c. 218, § 1, eff. Nov. 1, 2021.
10 Okl. St. Ann. § 405.3, OK ST T. 10 § 405.3
Current with emergency effective legislation through Chapter 90 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
