A. On and after November 1, 2013:
1. Prior to the issuance of a permit or license, owners and responsible entities making a request to establish or operate a child care facility shall have:
2. Prior to the employment of an individual:
3. Prior to allowing unsupervised access to children by employees or individuals, including contract employees and volunteers and excluding the exceptions in paragraph 8 of this subsection:
4. Prior to the issuance of a permit or license and prior to the residence of adults who subsequently move into a facility, adults living in the facility excluding the exception in paragraph 7 of this subsection shall have:
5. Children who reside in the facility and turn eighteen (18) years of age excluding the exception in paragraph 7 of this subsection shall have:
6. Prior to review of or access to fingerprint results, owners, responsible entities, directors, and other individuals who have review of or access to fingerprint results shall have a national criminal history records search pursuant to paragraph 10 of this subsection;
7. Provisions specified in paragraphs 4 and 5 of this subsection shall not apply to residents who are receiving services from a residential child care facility;
8. A national criminal history records search pursuant to paragraph 10 of this subsection shall not be required for volunteers who transport children on an irregular basis when a release is signed by the parent or legal guardian noting their understanding that the volunteer does not have a completed national criminal history records search. The provisions in paragraph 3 of this subsection shall not be required for specialized service professionals who are not employed by the program and have unsupervised access to a child when a release is signed by the parent or legal guardian noting his or her understanding of this exception. These exceptions shall not preclude the Department from requesting a national fingerprint or an Oklahoma State Bureau of Investigation name-based criminal history records search or investigating criminal, abusive, or harmful behavior of such individuals, if warranted;
9. A national criminal history records search pursuant to paragraph 10 of this subsection shall be required on or before November 1, 2016, for existing owners, responsible entities, employees, individuals with unsupervised access to children, and adults living in the facility, as of November 1, 2013, unless paragraph 6 of this subsection applies;
10. The Department shall require a national criminal history records search based upon submission of fingerprints that shall:
11. The Director of the Department, or designee, shall promulgate rules that may authorize an exception to the fingerprinting requirements for individuals who have a severe physical condition which precludes such individuals from being fingerprinted;
12. The Director of the Department, or designee, shall promulgate rules that ensure individuals obtain a criminal history records search, not to include the re-submission of fingerprints, not less than once during each five (5) year period;
13. Any individual who refuses to consent to the criminal background check or knowingly makes a materially-false statement in connection with such criminal background check shall be ineligible for ownership of, employment of or residence in a child care facility; and
14. The Office of Juvenile Affairs shall require national criminal history records searches, as defined by Section 150.9 of Title 74 of the Oklahoma Statutes, which shall be provided by the Oklahoma State Bureau of Investigation for the purpose of obtaining the national criminal history records search, including Rap Back notification of and through direct request by the Office of Juvenile Affairs on behalf of any:
3. The Department of Human Services or the Office of Juvenile Affairs shall provide for a juvenile justice information system review pursuant to Section 2-7-308 of Title 10A of the Oklahoma Statutes for any child over the age of thirteen (13) years residing in a foster family home, other than the foster child, or who subsequently moves into the foster family home.
C. The Department or the Board of Juvenile Affairs shall promulgate rules to identify circumstances when a criminal history records search or foster parent eligibility assessment for an applicant or contractor, or any person over the age of thirteen (13) years residing in a private residence in which a child care facility is located, shall be expanded beyond the records search conducted by the Oklahoma State Bureau of Investigation or as otherwise provided pursuant to this section.
D. Except as otherwise provided by the Oklahoma Children's Code and subsection F of this section, a conviction for a crime shall not be an absolute bar to employment, but shall be considered in relation to specific employment duties and responsibilities.
E. 1. Information received pursuant to this section by an owner, administrator, or responsible entity of a child care facility, shall be maintained in a confidential manner pursuant to applicable state and federal laws.
2. The information, along with any other information relevant to the ability of the individual to perform tasks that require direct contact with children, may be released to another child care facility in response to a request from the child care facility that is considering employing or contracting with the individual unless deemed confidential by state and federal laws.
3. Requirements for confidentiality and recordkeeping with regard to the information shall be the same for the child care facility receiving the information in response to a request as those provided for in paragraph 1 of this subsection for the child care facility releasing such information.
4. Information received by any facility certified by the Office of Juvenile Affairs may be released to another facility certified by the Office if an individual is being considered for employment or contract, along with any other relevant information, unless the information is deemed confidential by state or federal law. Any information received by the Office shall be maintained in a confidential manner pursuant to applicable state and federal law.
F. 1. It shall be unlawful for individuals who are required to register pursuant to the Sex Offenders Registration Act to work with or provide services to children or to reside in a child care facility and for any employer who offers or provides services to children to knowingly and willfully employ or contract with, or allow continued employment of or contracting with individuals who are required to register pursuant to the Sex Offenders Registration Act. Individuals required to register pursuant to the Sex Offenders Registration Act who violate any provision of Section 401 et seq. of this title shall, upon conviction, be guilty of a felony punishable by incarceration in a correctional facility for a period of not more than five (5) years and a fine of not more than Five Thousand Dollars ($5,000.00) or both such fine and imprisonment.
2. It shall be unlawful for an individual who is the perpetrator of a substantiated finding by the Department of heinous and shocking abuse by a person responsible for a child's health, safety, or welfare, as those terms are defined in Section 1-1-105 of Title 10A of the Oklahoma Statutes, to work with or provide services to children or to reside in a child care facility and for any employer who offers or provides services to children to knowingly and willfully employ or contract with, or allow continued employment of or contracting with such individual.
3. Upon a determination by the Department of any violation of the provisions of this section, the violator shall be subject to and the Department may pursue:
4. In addition to the penalties specified by this section, the violator may be liable for civil damages.
Added by Laws 1990, c. 186, § 1, eff. Sept. 1, 1990. Amended by Laws 1993, c. 122, § 4, emerg. eff. April 29, 1993; Laws 1995, c. 142, § 8, eff. July 1, 1995; Laws 1995, c. 222, § 1, eff. Nov. 1, 1995; Laws 1996, c. 200, § 1, eff. Nov. 1, 1996; Laws 1997, c. 389, § 20, eff. Nov. 1, 1997; Laws 1998, c. 5, § 1, emerg. eff. March 4, 1998; Laws 1998, c. 414, § 16, emerg. eff. June 11, 1998; Laws 1999, c. 2, § 1, emerg. eff. March 3, 1999; Laws 2000, c. 177, § 1, eff. July 1, 2000; Laws 2001, c. 174, § 5, eff. Nov. 1, 2001; Laws 2003, c. 213, § 1, eff. July 1, 2003; Laws 2008, c. 296, § 3, eff. Nov. 1, 2008; Laws 2009, c. 230, § 5, emerg. eff. May 21, 2009; Laws 2011, c. 266, § 2, eff. Nov. 1, 2011; Laws 2013, c. 308, § 4, eff. Nov. 1, 2013; Laws 2015, c. 115, § 1, eff. Nov. 1, 2015; Laws 2016, c. 307, § 1, eff. Nov. 1, 2016; Laws 2017, c. 109, § 1, eff. Nov. 1, 2017; Laws 2021, c. 547, § 1, eff. Nov. 1, 2021.
NOTE: Laws 1997, c. 260, § 1 repealed by Laws 1998, c. 5, § 29, emerg. eff. March 4, 1998. Laws 2017, c. 253, § 1 repealed by Laws 2018, c. 304, § 3, emerg. eff. May 10, 2018.
Structure Oklahoma Statutes
§10-6.5. Use of certain words in reference to children born out of wedlock prohibited.
§10-21.10. Child assessment in voluntary out-of-home placement.
§10-22.1. Legislative findings and intent – Foster care by grandparents or other relative.
§10-40.1. Purpose - Policy of state.
§10-40.3. Application of act - Exemptions - Determination of Indian status.
§10-40.4. Indian child custody proceedings – Notice.
§10-40.5. Emergency removal of Indian child from parent or custodian - Order.
§10-40.6. Placement preference.
§10-40.8. Payment of foster care expenses under certain circumstances.
§10-90.4. Children born out of wedlock - Change of name.
§10-91. Authority of district courts.
§10-92. Procedure to confer rights of majority - Petition - Jurisdiction and venue - Decree.
§10-93. Notice of hearing of petition to be given by certified mail and by publication in newspaper.
§10-114.6. Rehabilitation of juvenile offenders through court supervised work projects.
§10-116b. Duties of probation officer - Investigations.
§10-116c. Assistant probation officer - Salary.
§10-116d. Construction of act.
§10-116e. Salary of probation officer.
§10-116f. Secretaries to probation officer - Duties - Salary.
§10-116g. Salaries in counties of over 200,000.
§10-133. Board of general supervision - Appointments - Salaries and removal of appointees.
§10-136. Visits by parents, guardians and near relatives.
§10-151. Control vested in local boards of education.
§10-152. Reports of number of children requiring school facilities.
§10-153. Inclusion of cost of education in school districts' budgets.
§10-154. School superintendents' reports of children attending schools.
§10-170.2. Emergency treatment.
§10-175.1. Legislative intent and purpose.
§10-175.4. Commission as agent of the state.
§10-175.5. Rules and regulations.
§10-175.7. Powers of Commission.
§10-175.8. Fund - State Treasurer.
§10-175.9. Homes - Right to enter.
§10-175.10. Applications for crippled children's services.
§10-175.12. Oklahoma Children's Hospital.
§10-175.20. Day treatment programs - Definition - Required programs and policies.
§10-361. Santa Claus Commission - Creation - Membership - Christmas presents.
§10-363. Claims - Approval and payment.
§10-401. Purpose and policy of law - Minimum standards.
§10-403. Exemptions from application of act.
§10-404. Minimum requirements and desirable standards.
§10-404.2. Demarion’s Law – Short title.
§10-404.3. Demarion's Law - Mandatory liability insurance for facilities
§10-405. Necessity and issuance of license – Temporary authorization.
§10-405.2. Online child care database.
§10-405.3. Online Restricted Registry.
§10-405.5. Continuation of license upon inheritance or purchase of a facility.
§10-406. Investigations - Notice of violation – Confidentiality – Anonymous complaint system.
§10-406.1. Indian tribe-operated child care facility - Inspection agreement.
§10-407. Revocation of license or refusal to issue or renew - Emergency action - Citation.
§10-410. Violations - Punishment.
§10-410.1. Quality of Care Development Fund.
§10-411. Certificate of immunization as condition for admission to day care facility - Waiver.
§10-412. Manner and frequency of immunizations - Enforcement of act.
§10-414. Administration of immunizations - Persons eligible - Indigent persons.
§10-415. Child with reportable contagious disease to be excluded from day care facility.
§10-418. Authority to obtain evidence - Administration of oaths.
§10-420. Child Care Center Bill of Rights.
§10-452. Transfer of property, contracts and funds.
§10-454. Powers and duties of Commission and Director.
§10-455. Laws not inconsistent to remain in effect.
§10-553. Persons authorized - Consent.
§10-554. Legal status of child or children born as result of heterologous oocyte donation.
§10-556. Human embryo transfer and donation – Consents – Legal rights, obligations or interests.
§10-557. Short title - Oklahoma Gestational Agreement Act.
§10-557.3. Gestational agreement – Legal contract.
§10-557.4. Gestational carrier - Qualifications.
§10-557.5. Necessary parties to agreement - Requirements.
§10-557.6. Agreement requirements - Validation.
§10-557.7. Validated agreement required prior to transfer of gametes or embryos.
§10-557.8. Limited enforceability of an unvalidated agreement.
§10-557.9. Procedure to obtain court validation.
§10-557.11. Rights of child – Parent-child relationship.
§10-557.12. Notice of birth to be filed with court – Court order.
§10-557.13. Amendments to agreement must be validated.
§10-557.14. Termination of agreement.
§10-557.15. Proceedings governed by Code of Civil Procedure - Confidentiality.
§10-557.16. Venue and jurisdiction.
§10-557.17. Compensation to gestational carrier.
§10-557.18. Donors may be parties to the agreement.
§10-557.19. Gametes or embryos of the gestational carrier or gestational spouse.
§10-557.20. Parents to be listed on certificate of birth.
§10-557.21. Death of intended parent prior to birth of child – Testamentary and inheritance rights.
§10-557.22. Marriage or divorce of a gestational carrier.
§10-557.23. Laboratory or clinical error.
§10-557.24. Breach of agreement.
§10-557.25. Application with other laws.
§10-577. Enactment of compact - Text.
§10-601.1. Oklahoma Commission on Children and Youth - Creation - Membership.
§10-601.3. Oklahoma Commission on Children and Youth - Duties.
§10-601.4. Additional duties and responsibilities of Commission.
§10-601.5. Director - Powers and duties.
§10-601.6. Office of Juvenile System Oversight - Powers, duties and authority.
§10-601.6a. Office of Planning and Coordination for Services to Children and Youth - Duties.
§10-601.10. Oklahoma Commission on Children and Youth Revolving Fund.
§10-601.12. Community partnership plan for children and youth services.
§10-601.14. Children's Endowment Fund of Oklahoma.
§10-601.20. Children of Incarcerated Parents Task Force.
§10-601.30. Board of Child Abuse Examination - Membership - Officers - Meetings - Quorum.
§10-601.62. Legislative intent.
§10-601.64. Duties of the Oklahoma Commission on Children and Youth.
§10-601.65. Proposed submission procedures and criteria.
§10-601.67. Children with Disabilities Comprehensive Systems of Services Revolving Fund.
§10-601.68. Not-for-profit foundation.
§10-601.69. Curriculum for abuse-prevention instructional programs.
§10-601.80. Short title - Family Support Accountability Act - Definitions.
§10-601.81. Home visiting programs – Requirements – Objectives – Annual report.
§10-603.1. Short title - Purpose - Implementation.
§10-603.4. Day treatment program standards.
§10-620.1. Purpose of act - Release and transfer of information.
§10-620.2. Appointment of task force - Membership - Duties.
§10-620.3. Agencies to promulgate uniform rules and procedures.
§10-620.4. Contents of rules and procedures.
§10-620.5. Transfer and release of confidential information - Adoption of procedures.
§10-620.6. Guidelines and forms for inspection, release, disclosure, etc. of records.
§10-640.1. Oklahoma Partnership for School Readiness Board.
§10-640.2. Powers and responsibilities of Board.
§10-640.3. School readiness foundation.
§10-700. Delegation of powers regarding child care and custody.
§10-701. Statutory form for power of attorney to delegate parental or legal custodian powers.
§10-1116.2. Postadjudication review boards.
§10-1116.3. Advisory status of review boards - Duties and responsibilities.
§10-1116.4. Disclosure of certain information prohibited - Exceptions.
§10-1116.6. Postadjudication Review Advisory Board.
§10-1150.2a. Production of documents - Subpoena.
§10-1150.6. Child maltreatment medical review.
§10-1409. Transfer of powers and duties.
§10-1410. Personal properties - Contracts and leases - Unexpended funds.
§10-1411.1. Developmental Disabilities Services Division - Periodic reports.
§10-1411.2. Developmental Disabilities Services Division waiting list - Voucher waiver program.
§10-1414. Admission of individuals with intellectual disability - Applications - Release.
§10-1414.1. Greer Center Facility - Admission guidelines and procedures.
§10-1416. Liability for care and treatment.
§10-1417. Clinics - Outpatient facilities - Day care centers.
§10-1418. Powers and duties of Commission for Rehabilitation Services – Local education agencies.
§10-1419. Administration - Personnel - Retirement system.
§10-1420. Transfer of property, records, funds, etc.
§10-1421. Purchase of school busses.
§10-1423. Program for care and treatment of children - Federal matching funds.
§10-1424. Department as next friend of institutionalized persons - Procuring appoint of guardian.
§10-1425. Authorization to operate facilities.
§10-1430.3. Department - Powers and duties.
§10-1430.4. Group Homes for Persons with Developmental or Physical Disabilities Advisory Board.
§10-1430.6. Standing to bring action - Jurisdiction.
§10-1430.7. Group home as nuisance - Actions - Request for investigation - Complaint.
§10-1430.9. Penalties and liabilities for certain violations.
§10-1430.10a. Revocation or denial of or refusal to renew license – Notice – Protest - Emergency.
§10-1430.11. Standards for group homes.
§10-1430.12. Fire safety inspections - Reports.
§10-1430.13. Information subject to disclosure to public.
§10-1430.15. Nontransferability of license - Transfer of operation of group home.
§10-1430.17. Conditional license.
§10-1430.18. Documents to be made available to residents, employees and visitors.
§10-1430.19. Documents and records to be available for public inspection.
§10-1430.22. Resident's contract.
§10-1430.23. Protection of resident's funds.
§10-1430.24. Access to group homes.
§10-1430.25. Involuntary transfer or discharge of resident.
§10-1430.27. Inspection, investigation, survey or evaluation of group home.
§10-1430.32. Violations - Penalties.
§10-1430.33. Notice of voluntary closing - Alternative placement of residents.
§10-1430.34. Appointment of monitor or receiver.
§10-1430.35. Emergencies - Investigations - Hearing.
§10-1430.36. Appointment of receiver.
§10-1430.37. Expenses of receiver - Insufficient funds - Compensation of receiver.
§10-1430.38. Liability of receiver - Bond.
§10-1430.39. Conditional license for provider in receivership.
§10-1430.40. Termination of receivership.
§10-1430.41. Rights, obligations and liability during receivership.
§10-1501. Various references deemed to be references to District Court or judge thereof.
§10-1505a. Assistant juvenile officer in certain counties.
§10-1628. Missing child 16 and under - Investigation of disappearance.
§10-1631. Fingerprinting minors and identification card.
§10-1632. Intent of legislature.
§10-1633. School district fingerprinting programs.
§10-7007-1.8. Purposes - Report.
§10-7007-1.9. Task Force on Reactive Attachment Disorder in Children – Membership - Duties.
§10-7501-1.1. Short title - Composition of Code.
§10-7501-1.2. Purpose of Code.
§10-7502-1.4. Foreign adoptions.
§10-7503-1.1. Eligibility to adopt.
§10-7503-1.2. Written adoption full-disclosure statement - Signatures.
§10-7503-2.1. Who may consent.
§10-7503-2.2. When consent may be given.
§10-7503-2.3. Permanent relinquishments.
§10-7503-2.4. Contents of consent to adoption.
§10-7503-2.6. Extrajudicial consent.
§10-7503-2.7. Setting aside permanent relinquishment or consent to adoption.
§10-7503-3.1. Notice of plan for adoption.
§10-7503-3.2. Notice of filing of paternity action by putative father.
§10-7503-4.1. Temporary orders of custody.
§10-7504-1.1. Medical and social history report.
§10-7505-1.1. Confidential character of hearings and records – Release - Exceptions - Misdemeanor.
§10-7505-1.2. Appointment of attorney and guardian ad litem.
§10-7505-1.3. Court clerk or deputy may affix signature of judge to order and notice of hearing.
§10-7505-1.4. Priority on docket - Proceedings to be expedited.
§10-7505-1.5. Visitation agreements between child, adoptive parents and birth relative.
§10-7505-2.1. Preadoption termination of parental rights.
§10-7505-3.2. Costs, funds or monies expended by adoptive family – Disclosure statement.
§10-7505-3.3. Disclosure Statement of Adoption-related Costs and Expenditures.
§10-7505-4.1. Application - Notice - Hearing - Order - Appeal.
§10-7505-4.2. Exceptions to requirement of parental consent.
§10-7505-4.3. Inquiry to identify unknown or putative father.
§10-7505-5.2. Subsequent home study - Waiver.
§10-7505-5.3. Contents of home study.
§10-7505-5.4. Persons or agencies authorized to conduct home studies.
§10-7505-6.1. Interlocutory decree.
§10-7505-6.2. Filings required prior to final hearing.
§10-7505-6.4. Denial of petition for adoption.
§10-7505-6.5. Effect of final decree - Grandparental rights.
§10-7505-8.1. Adoption dissolution statistics to be published.
§10-7506-1.1. Paternity registry.
§10-7507-1.1. Adult adoptions.
§10-7508-1.1. Records retention.
§10-7508-1.2. Mutual Consent Voluntary Registry.
§10-7508-1.3. Confidential intermediary search program.
§10-7509-1.1. Conditions for discharges of infants from medical facilities.
§10-7509-1.2. Confidential index of birth and adoptive names.
§10-7509-1.3. Invalidation or revocation of final decree of adoption.
§10-7510-1.4. Eligibility for adoption assistance - Factors for determination.
§10-7510-1.6. Denial of assistance - Hearing.
§10-7510-2.2. Photograph and description of child to be provided to exchange.
§10-7510-2.4. Change in status of child listed by exchange.
§10-7510-2.5. Withdrawal of child from register.
§10-7510-3.2. Compact on Adoption and Medical Assistance.
§10-7510-3.3. Administration of compact - Rules and regulations.
§10-7603. Renumbered as § 2203 of Title 27A by Laws 2006, c. 226, § 6, emerg. eff. June 6, 2006.
§10-7700-103. Scope of act – Choice of law – Jurisdiction of district and administrative courts.
§10-7700-201. Establishment of parent-child relationship.
§10-7700-202. Equal rights of marital and nonmarital children.
§10-7700-203. Application of established parent-child relationship.
§10-7700-204. Presumption of paternity.
§10-7700-301. Voluntary acknowledgment of paternity.
§10-7700-302. Requirements of acknowledgment – Void and voidable acknowledgment.
§10-7700-303. Denial of paternity - Validity.
§10-7700-304. Execution of acknowledgment and denial – Effective date – Execution by minors.
§10-7700-305. Effect of acknowledgment or denial.
§10-7700-307. Rescission of acknowledgment or denial.
§10-7700-308. Proceeding to challenge acknowledgment – Commencement – Burden of proof.
§10-7700-309. Proceeding to challenge acknowledgment or denial – Procedure.
§10-7700-310. Ratification of unchallenged acknowledgment prohibited.
§10-7700-311. Full faith and credit.
§10-7700-313. Release of copies of acknowledgment or denial of paternity.
§10-7700-501. Scope of article.
§10-7700-502. Order for genetic testing – Order for in utero testing not allowed.
§10-7700-503. Requirements of testing – Objection to calculation - Retesting.
§10-7700-504. Report of testing – Chain of custody.
§10-7700-505. Identification of father - Rebuttal.
§10-7700-506. Payment of costs of testing.
§10-7700-507. Advance payment for additional testing.
§10-7700-509. Testing of deceased individual.
§10-7700-510. Testing of identical brother – Use of nongenetic evidence.
§10-7700-511. Release of genetic test report.
§10-7700-601. Proceeding authorized.
§10-7700-602. Standing to maintain proceeding.
§10-7700-603. Parties to proceeding.
§10-7700-604. Personal jurisdiction.
§10-7700-607. Two-year limitation in proceedings with presumed father - Exception.
§10-7700-608. Motion for genetic testing.
§10-7700-609. Limitation in proceeding with acknowledged or adjudicated father.
§10-7700-610. Joinder of proceedings.
§10-7700-611. Proceeding before birth of child.
§10-7700-612. Child as party to proceeding – Guardian ad litem.
§10-7700-621. Admissibility of genetic-testing results - Testimony of experts - Medical bills.
§10-7700-622. Enforcement of order for genetic testing - Default.
§10-7700-623. Admission of paternity.
§10-7700-624. Temporary order for support.
§10-7700-631. Rules for adjudication of paternity.
§10-7700-632. Jury prohibited.
§10-7700-633. Closure of proceeding – Inspection of records.
§10-7700-634. Order on default.
§10-7700-635. Dismissal for want of prosecution.
§10-7700-637. Binding effect of determination of parentage.
§10-7700-901. Uniformity of application and construction.