PURPOSE CODE X
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Veronica Franks-Taylor
Administrator
Office of Background Investigations

Veronica Franks-Taylor: Hello, I'm Veronica Franks-Taylor, with the Office of Background Investigations. 
The purpose of this video is to answer frequently asked questions about Purpose Code X and to talk about processes between the Office of Background Investigation and the Oklahoma State Bureau of Investigation.
I want to welcome Debbie McKinney, Administrative Programs Officer with the Oklahoma State Bureau of Investigation, and Frank Young, auditor with the Oklahoma Law Enforcement Telecommunications System. Thank you for joining us.
Debbie, what is Purpose Code X? 

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Debbie McKinney
Administrative Programs Officer
Oklahoma State Bureau of Investigation

Debbie McKinney: As you mentioned Veronica, Purpose Code X is a process for which non-criminal justice agencies can perform name-based checks for emergency placement of children. A state can pass a law that allows law enforcement personnel to conduct background checks using a name only of the Triple-I System which is located at the FBI and then follow up with a delayed fingerprint submission if those individuals actually take the placement of the child.

Veronica Franks-Taylor: What do you consider emergency placements or exigent circumstances? 

Debbie McKinney: Exigent circumstances refers to an emergency, a pressing necessity, or a set of circumstances requiring immediate attention or swift action which becomes apparent after-hours. After-hours are considered after 5:00 pm until 8:00 am weekdays and 24 hours a day on weekends. This includes circumstances when time is of the essence and the health and safety of the child are involved for other matters in which it is deemed necessary to ensure the best interest of the child. Exigent circumstances do not include routine foster or licensed care situations, visitations with relatives or kin, or for the purpose of child/youth to attend a sleepover with friends. 

Veronica Franks-Taylor: Frank, what is OLETS responsibility in all of this?
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Frank Young
Auditor
Oklahoma Law Enforcement Telecommunications System

Frank Young: OLETS is responsible for ensuring compliance with state and federal regulations and passing the data through the OSBI from the OSBI for the Purpose Code X checks. As an auditor, I look at whether or not delayed fingerprints has taken place within 15 days of using Purpose Code X, and whether Purpose Code X is being used appropriately.

Veronica Franks-Taylor: That sounds very serious. Are there penalties if the rules are not followed? 

Frank Young: Yes, depending upon the severity of the infraction, it could be anything from denial of system access, to criminal prosecution.

Veronica Franks-Taylor: The Department of Human Services wants to make sure we're doing everything we can to ensure that we are in compliance with Purpose Code X regulations. Because of this, we've created a Memorandum of Understanding or MOU, which is cooperative agreement with the Oklahoma State Bureau of Investigation.

Debbie McKinney: That's right Veronica, the MOU gives us the ability to work directly with DHS on obtaining Purpose Code X checks through the OSBI. 

Veronica Franks-Taylor: Purpose Code X is not a new program. However, the process is new. Field workers will need to understand that the Office of Background Investigations is now working with the OSBI to provide after-hours background checks using Purpose Code X. Field staff have important responsibilities as part of this process. First, field staff must determine if exigent circumstances exist. Next, field staff should call the OBI on-call phone at 405-208-3431 to request a Purpose Code X check. Be prepared to give information about the person or persons for whom you are requesting the information. OBI staff will gather the information from you along with the contact information. OBI staff will contact the OSBI directly. OSBI will return the results to OBI verbally. OBI will document the information in the secure Background Investigation Determination System, which we call BIDS. OBI will call you back and return the information to you verbally. You are responsible for notifying OBI if you do not place the child with this person or family. You must notify OBI within five days. If the child is placed, you are responsible for making sure the person or persons you requested the Purpose Code X check for, gets fingerprinted within 15 days. And you are responsible for notifying OBI of the TCN number from the electronic vendor or providing the hard card submission to OSBI within the same 15 day time frame. It's very important that you get the fingerprints conducted within the 15-day timeframe to ensure compliance with federal and state regulations.

Debbie McKinney: In order to continue with these Purpose Code X background checks for emergency or exigent circumstances we need to follow the federal guidelines with regard to delayed submission of the fingerprint checks and make sure that we meet all the time frames involved with this particular federal law.

Frank Young: And I'd like to reiterate the importance of the 15-day fingerprint follow up. The importance of that is, is because you access an electronic record. It may not pertain to that exact individual that was run with the name check. There could be more than one individual with the same name and date of birth. The fingerprints are the positive identifier for that and under the federal guidelines have to be submitted within the 15-day process.

Veronica Franks-Taylor: Debbie, Frank, thank you for being here today. This concludes our video on Purpose Code X checks.