DHS boosts oversight
DHS alters approach on day care

By Nolan Clay

Published: November 4, 2007

The state Department of Human Services will create a small committee to decide which former criminals will be allowed in day cares, instead of relying on the judgment of a single official.

"You get more consistency,” Director Howard Hendrick said.

The director announced the change after an investigation by The Oklahoman found a number of problems with the practice.

The Oklahoman on Oct. 28 reported that DHS has let child abusers, robbers, wife beaters, prostitutes, a cop shooter, drug dealers and other former criminals work or live at day cares.

DHS bars certain former criminals from operating, working or living in days cares, but they may seek waivers from the ban.

"We're going to try to vet them more thoroughly with a committee, as opposed to just having one person,” Hendrick said of the applicants for waivers.

He said most of the decisions on applications are pretty straightforward, but those in the middle "probably need to have some more eyes” on them. He plans a committee of three employees, from inside and outside the DHS childcare division.

"People have different life experiences,” he said. "So, maybe they will see something that only one person might not see.”

DHS also will require some applicants to provide more information "if we're not sure about them,” he said.

Hendrick revealed the changes in written comments Thursday, and discussed them in a telephone interview Friday.

In his written comments, Hendrick was critical of the newspaper's report. He wrote, "Contrary to the impression created by the story, we continue to take child safety seriously.”

The Oklahoman found more than 90 former criminals were given exemptions between Jan. 1, 2006, and July 19, 2007. Almost half were involved in some kind of violence, records showed.

Some needed exemptions to open or work in day cares. Others asked so their wives could have day cares in their homes. DHS does not require day care centers to tell parents any details about the crimes.

Many of the crimes were years ago but some were in the last five years.

Hendrick wrote that overall, day cares in Oklahoma are safe.

"When you consider that care is given to 125,000 children at more than 5,100 sites per day, it is amazing to realize that less than two allegations of abuse or neglect are made each day and less than one confirmation is made per week (40 total last year statewide) in licensed care,” he wrote.

He also wrote, "A request for a waiver would never be approved for a convicted child molester. A request ... from a person convicted of a property crime that happened many years ago would likely be approved routinely. Other cases fall in the middle and are more difficult.”

Hendrick said Friday he will consider requiring day cares to give more information to parents.

"We possibly could describe maybe the date and the crime,” he said.

Some readers have been outraged at DHS.

"There are plenty of other jobs for people to ‘get their second chance on'... not in child care!” one reader wrote online.

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