Review and Expunction of Central Registries and Reporting Records - Oklahoma

Date: May 2018

Right of the Reported Person to Review and Challenge Records

Citation: 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.

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; and demographic information.

The notice specifies that the PRFC may file an appeal by mailing 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 committee determines whether the substantiated finding of abuse or neglect meets substantiation protocol per regulation. When the appeals committee determines the finding failed to meet the criteria for substantiation, the Appeals Program Unit determines whether the preliminary decision was based upon lack of credible evidence to support the allegations of child abuse, neglect, or both or determines whether the preliminary decision is based upon a lack of 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.