Review and Expunction of Central Registries and Reporting Records - Oklahoma

Right of the Reported Person to Review and Challenge Records
Admin. Code Tit. 340, § 75-3-530

An individual may be eligible to request an appeal when the individual is a person responsible for the child's health, safety, or welfare (PRFC) in an investigation involving abuse or neglect allegations and the investigation results in a substantiated finding regarding the PRFC.

An eligible individual may request a review through the appeal process when no deprived petition is filed, no existing deprived petition is amended, or a deprived petition is filed and the court case is dismissed prior to adjudication.

An individual meeting the requirements of this subsection is not eligible for a review through the appeal process when the following apply:

• Other court action is filed or a court order is issued concerning the alleged child abuse or neglect, including, but not limited to, the following:
  • Permanent protective orders issued against the PRFC that include the alleged child victim(s) 
  • Pending or concluded criminal court proceedings
• Another Oklahoma Department of Human Services (OKDHS) program-specific review is pending or was conducted, including, but not limited to, the following:
  • A child death or near-death
  • Any substantiated finding of an out-of-home care investigation completed by a child welfare specialist or an Office of Client Advocacy investigator

The OKDHS appeal process applies only to OKDHS-conducted investigations. Child abuse or neglect investigations by a Tribal representative or on Tribal land are not eligible for the OKDHS appeal process.

Upon substantiation of abuse, neglect, or both, the child welfare specialist notifies the PRFC of the finding by mail within 10 calendar days to the PRFC's last known address. The notice informs the PRFC of any substantiated child abuse or neglect finding in the investigation; the date of the abuse or neglect referral, allegation, and finding without identifying the reporting party.

The notice specifies that the PRFC may file an appeal by mailing or emailing a request to the Appeals Program Unit within 15 calendar days from the postmark on the envelope containing the notice and that failure to submit the appeal request within 15 calendar days results in the finding becoming final and the PRFC waives any right to appeal this finding in the future, unless good cause is established. Conditions of good cause include, but are not limited to, severe illness or other disabling condition.

Within 120 calendar days following acceptance of the PRFC's timely request for a review, the Appeals Program Unit determines whether the substantiated finding of abuse or neglect meets substantiation protocol per regulation.

The decision to uphold, modify, or reverse the original finding of abuse or neglect is determined by reviewing the following:

• Form 04KI003E, Report to the District Attorney; the assessment of child safety; and relevant child welfare history and referrals
• All written documents submitted by the PRFC

The Appeals Program Unit determines the finding failed to meet the criteria for substantiation based upon a lack of the following:

• Credible evidence to support the allegations of child abuse, neglect, or both
• Documentation by the child welfare specialist

The Appeals Program Unit modifies the finding, when appropriate, in the Child Abuse and Neglect Information System (KIDS). When the substantiation finding is appropriate, but the allegation in KIDS is incorrect, the chair on the appeals committee ensures the inappropriate allegation is marked as an improper entry and the correct allegation is added along with the substantiated finding.

When Records Must Be Expunged
Citation: Ann. Stat. Tit. 10A, § 1-2-108

Records obtained by the Department of Human Services shall be maintained by the department until otherwise provided by law.