Okla. Admin. Code § 340:110-1-10.1

Current through Vol. 42, No. 1, September 16, 2024

Section 340:110-1-10.1 - Restricted Registry

(a)Legal basis. The Oklahoma Child Care Facilities Licensing Act, Section 405.3 of Title 10 of the Oklahoma Statutes (10 O.S. § 405.3) requires Oklahoma Human Services (OKDHS) to establish and maintain a Restricted Registry, also known as Joshua's List. Individuals recorded on the Restricted Registry are identified as registrants and are prohibited from licensure, ownership, employment, unsupervised access to children, or residence in a facility or program licensed, certified, operated or contracted by, or with, OKDHS or the Office of Juvenile Affairs (OJA). The Restricted Registry search is required, per 10 O.S. § 404.1, and Oklahoma Administrative Code (OAC) 340:2-46-5.

(b)Registrants. Registration may result after review by the Restricted Registry Review Committee and after all appeals are exhausted, when:

(1) a substantiated finding of abuse or neglect, per 10A O.S. § 1-1-105, 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, OKDHS or OJA;

(2) a denial or revocation of a child care program license;

(3) a specified criminal history for individuals who have entered a plea of guilty, nolo contendere (no contest), or a conviction for felony offenses of:

(A) child abuse or neglect;

(B) a crime against a child; or

(C) a crime involving violence including, but not limited to, rape, sexual assault, or homicide; or

(4) a specified criminal history for individuals who have entered a plea of guilty, nolo contendere (no contest), or a conviction prior to or after the request for license date and ownership, employment, unsupervised access to children, or residence, for the felony offenses of:

(A) domestic abuse; or

(B) a drug or alcohol-related offense; or

(5) an individual required to register, per the Sex Offender Registration Act or the Mary Rippy Violent Crime Offenders Act.

(c)Restricted Registry search for program owners. When the owner is a:

(1) registrant, Licensing contacts the owner and documents discussion regarding his or her registration on Form 07LC080E, Licensing Services Supplemental Information; or

(2) non-registrant, procedures for processing a request for license are followed, per OAC 340:110-1-6.

(d)Restricted Registry online search for child care program owners, personnel, individuals with unsupervised access, and residents. The OKDHS Office of Background Investigation (OBI) verifies programs conduct a Restricted Registry online search within 30-calendar days of submission, per OAC 340:2-46-5.

(e)Registration as a result of findings of abuse or neglect investigations by Child Welfare Services (CWS). OKDHS staff notifies Restricted Registry staff of receipt of substantiated or confirmed findings when the abuse or neglect occurred to a child while in the care of a facility licensed, certified, operated or contracted by, or with, OKDHS or OJA. Restricted Registry staff verifies CWS appeal status before requesting additional information on potential registrants. Investigation information is forwarded to the Restricted Registry Review Committee for consideration, per (k) of this Section.

(f)Registration as a result of findings of abuse or neglect investigations by Office of Client Advocacy (OCA). OCA submits abuse or neglect findings to the residential licensing programs supervisor who reviews the information. Information meeting Restricted Registry registration criteria, per (b)(1) of this Section, are forwarded to Restricted Registry staff. Investigation information is forwarded to the Restricted Registry Review Committee for consideration, per (k) of this Section. Restricted Registry staff verifies OCA appeal status before requesting further review.

(g)Registration as a result of findings of OJA abuse or neglect investigations. OJA Office of Public Integrity personnel submits abuse or neglect findings to Restricted Registry staff. Information meeting Restricted Registry registration criteria, per (b)(1) of this Section, are forwarded to Restricted Registry staff. Investigation information is forwarded to the Restricted Registry Review Committee for consideration, per (k) of this Section. Restricted Registry staff verifies OJA appeal status before requesting further review.

(h)Registration as a result of a denial or revocation. Procedures regarding the request for license denial or revocation are followed, per OAC 340:110-1-10 or 340:110-1-52. The statewide licensing coordinator or designee forwards copies of the cease and desist letter and denial or revocation letter to Restricted Registry staff. Documentation relating to the denial and revocation is forwarded to the Restricted Registry Review Committee for consideration, per (k) of this Section.

(i)Registration as a result of a specified criminal history. When OBI conducts a criminal history review, including Record of Arrest and Prosecution (RAP) Back, and the review reveals an individual is a potential registrant, per (b)(3)-(5) of this Section, and a criminal history restriction waiver was rescinded or not granted, all criminal background information is forwarded to the Restricted Registry Review Committee for consideration, per (k) of this Section.

(j)Insufficient registry referral information. When sources submit insufficient or incomplete investigation, denial, or revocation information, per (e) through (i) of this Section, Restricted Registry staff completes and forwards Form 07LC033E, Notice of Incomplete Restricted Registry Referral Information. If requested information is not received within 60-calendar days from form receipt, the referral information is incomplete and further registration review is not conducted.

(k)Restricted Registry Review Committee. The Restricted Registry Review Committee consists of six OKDHS staff and one OJA staff who make a registration determination within 30-calendar days of receipt of necessary information.

(1) Criteria considered for Restricted Registry registration include, the:

(A) individual's age at the time of the offense(s);

(B) length of time since the offense(s) occurred;

(C) number and types of offenses the individual was convicted for, or for findings made;

(D) circumstances surrounding commission of the offense(s), demonstrating willful intent;

(E) likelihood the individual will re-offend; and

(F) other documentation submitted indicating children's health, safety, and well-being are, or are not, endangered.

(2) The Restricted Registry Review Committee determines Restricted Registry registration by clear and convincing evidence; including consideration of:

(A) the individual's history of behavior likely to create a reasonable risk of harm to children; and

(B) if children are unsafe with the individual, either alone or in a group.

(3) The Restricted Registry Review Committee's determination requires a majority decision and is based on the members' review, discussion of documentation, and consideration of registration criteria as listed.

(4) When the Restricted Registry Review Committee recommends registration by a majority decision, information is forwarded to Restricted Registry staff.

(l)Restricted Registry legal review. Restricted Registry staff submits registration information to OKDHS Legal Services (LS) for registration review. LS responds within 60-calendar days to provide a registration decision indicating:

(1) legal adequacy for Restricted Registry placement;

(2) information does not meet legal adequacy for Restricted Registry placement; or

(3) additional information is required.

(m)Restricted Registry notification. Within five OKDHS-business days of receipt of OKDHS LS review, Restricted Registry staff notifies the potential registrant on Form 07LC115E, Restricted Registry Notification. The notification:

(1) advises the potential registrant:

(A) of the right to appeal within 30-calendar days of receipt of notice;

(B) failure to request a hearing, within the time frame specified, may result in Restricted Registry registration, per (o) of this Section; and

(C) of the responsibility for notifying restricted registry staff of changes in mailing address; and

(2) is mailed to the most recent address of record the potential registrant provided through request for license, personnel documents, criminal background requests, or interviews; and

(3) is delivered by regular and certified mail, with return receipt requested.

(n)Restricted Registry appeal process. A request for an appeal is forwarded to Restricted Registry staff. Appeal requests are forwarded to OKDHS LS.

(o)Registration. When an appeal is not requested within the specified timeframe, or when an administrative decision becomes final, Restricted Registry staff:

(1) mails Form 07LC114E, Restricted Registry Final Notification, to the registrant's last known address of record on file;

(2) mails Form 07LC113E, Restricted Registry Program Notification, to the program where registrant is associated;

(3) notifies the appropriate CWS Resource Unit, OJA, or Licensing staff regarding Restricted Registry registration; and

(4) enters registrant information on the Restricted Registry database.

(p)District Court appeal process. Registrants aggrieved by the Restricted Registry Committee decision upheld during an administrative hearing may appeal to the District Court of the county where the facility is maintained and operated. Registrants file a verified petition with the court clerk within 10-calendar days after the decision. Within 20-calendar days of the filing of the appeal in District Court, the registrant also files the administrative hearings transcript with the court clerk.

(q)Request for registration removal. A registrant may request removal after 60 months from the date of Restricted Registry registration. A request for removal from the Restricted Registry is forwarded to the Restricted Registry staff for submission to the Restricted Registry Review Committee. The Restricted Registry Review Committee makes a determination within 30-calendar days of receipt of notice from the Restricted Registry staff.

(1) Criteria considered for removal includes, but is not limited to, (k)(1)(A) through (F) of this Section, and:

(A) a current criminal background review, when applicable, conducted within 60-calendar days;

(B) since registration, consideration of;

(i) work and training histories; and

(ii) character behavioral references; and

(C) a personal statement of rehabilitative efforts; and

(D) reason for original placement and the length of time on the Restricted Registry.

(2) A decision to remove a registrant from the Restricted Registry is based on a Restricted Registry Review Committee majority decision. The Restricted Registry Review Committee decision is final and an appeal process is not available.

(3) Restricted Registry staff notifies the registrant of the Restricted Registry Review Committee decision.

(4) When continued placement is:

(A) recommended, Restricted Registry staff informs the registrant that subsequent requests of removal from the Restricted Registry may be requested 12 months from the date of committee decision; or

(B) not recommended, Restricted Registry staff removes the registrant from the Restricted Registry database.

Okla. Admin. Code § 340:110-1-10.1

Added at 27 Ok Reg 1869, eff 7-1-10; Amended at 27 Ok Reg 2646, eff 6-21-10 (emergency); Amended at 28 Ok Reg 1669, eff 7-1-11; Amended at 29 Ok Reg 1229, eff 7-1-12; Amended at 31 Ok Reg 154, eff 11-1-13 (emergency); Amended at 31 Ok Reg 1854, eff 9-15-14; Amended at 35 Ok Reg 475, eff 1-31-18 (emergency).

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/17/2018

Amended by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 11/1/2020

Amended by Oklahoma Register, Volume 40, Issue 22, August 1, 2023, eff 9/15/2023

Amended by Oklahoma Register, Volume 41, Issue 23, August 15, 2024, eff. 9/16/2024