Current through Vol. 42, No. 1, September 16, 2024
(a)
Purpose. The Child Care
Advisory Committee's (CCAC) purpose is to:
(1) carry out the provisions of the Oklahoma
Child Care Facilities Licensing Act (Licensing Act), Section
404
of Title 10 of the Oklahoma Statutes (10 O.S. § 404) to:
(A) ensure minimum standards maintenance for
children's care and protection away from their homes, including:
(i) constructive programs and services
meeting each child's and family's needs;
(ii) personnel having good moral character
and ability of caring for children;
(iii) adequate and safe housing, sanitation,
and equipment;
(iv) good health
care;
(v) full educational and
religious opportunities;
(vi) good
community relationships;
(vii)
essential records and administrative methods; and
(viii) sufficient funds for sound
operation;
(B) encourage
and assist child care facilities toward maximum standards; and
(C) work for sufficient and adequate child
care services development through public and private agency
partnerships;
(2)
recommend child care program minimum requirements and standards for Oklahoma
Department of Human Services (DHS) rule promulgation. Rules are promulgated
after consultation with:
(A) the Oklahoma
State Department of Health (OSDH);
(B) the Oklahoma State Department of
Education (OSDE);
(C) the Oklahoma
State Bureau of Investigation (OSBI);
(D) the Office of the Oklahoma State Fire
Marshal (OSFM);
(E) the Oklahoma
Commission on Children and Youth (OCCY);
(F) the Oklahoma Department of Mental Health
and Substance Abuse Services (ODMHSAS); and
(G) other agencies deemed necessary by
DHS;
(3) serve in an
advisory capacity to DHS for developing quality child care programs and
services; and
(4) educate the
public and consumers regarding quality child care.
(b)
Function. The CCAC function
is to:
(1) become informed of DHS programs
and policies regarding children;
(2) express community's and the State of
Oklahoma's needs and concerns relating to children's care and treatment;
and
(3) express change
recommendations , including minimum requirement revisions and encouraging child
care maximum standards.
(c)
Membership.
(1)
Representation. CCAC
provides names for consideration of new appointments and reappointments of
members to the Child Care Services (CCS) director. The CCS director in
consultation with the OCCY representative provides membership recommendations
to the DHS Director. Members are appointed to serve at the pleasure of the DHS
Director, based on child care expertise, experience, and leadership.
(A) CCAC, at a minimum, consists of 18
members.
(B) The majority are
DHS-licensed program representatives.
(C) Other members include at least one
representative from OSDH; OSDE; OSFM; tribal agencies; and CCS. These
representatives are exempt from term limits.
(D) Other members include associations and
agencies as recommended to the DHS Director, such as the Oklahoma Child Care
Association, Oklahoma Children's Agencies and Residential Enterprises
Incorporated (OK-CARE), ODMHSAS, OSBI, Oklahoma Association of Youth Services,
Office of Juvenile Affairs, Early Childhood Association of Oklahoma, and Head
Start.
(E) An OCCY representative
serves as an ex-officio member.
(2)
Terms of office.
(A) CCAC member terms are for three years
with a two-consecutive-term limit.
(B) Members may be recommended for
reappointment after completing the first office term.
(3)
Officers. CCAC officers
include chairperson, vice-chairperson, and secretary.
(A)
Chairperson. The chairperson
is responsible for:
(i) presiding over all
meetings;
(ii) planning the meeting
agenda, at least 14-calendar days in advance, in coordination with
CCS;
(iii) appointing subcommittee
members, in consultation with the CCS director and OCCY representative;
and
(iv) serving as CCAC
spokesperson.
(B)
Vice-Chairperson. The vice-chairperson works closely with the
chairperson, assumes chairperson responsibilities in his or her absence, and
attends public hearings.
(C)
Secretary. The secretary position is held by the CCS
representative. The secretary is responsible for recording meeting minutes and
providing them to members prior to the next meeting. A permanent copy of the
minutes is maintained by CCS.
(4)
Election of officers and terms of
office.
(A) Upon office vacancy, the
chairperson and vice-chairperson are elected by a majority member vote present
during the next quarterly meeting following the office vacancy. Officers assume
duties during the meeting when the election is held.
(B) Office terms are for one year. Officers
may be elected to serve in one office for a maximum of three terms.
(5)
Standing
Subcommittees.
(A) Standing
subcommittees expand child care operator opportunity to identify quality
improvement resources, express industry concerns, and recommend issues for CCAC
consideration.
(i) The chairpersons of four
standing subcommittees are CCAC members and are appointed by CCAC chairperson.
Standing subcommittees represent:
(I) family
child care homes;
(II) child care
centers, day camp, drop-in, out-of-school time, part-day programs, and programs
for sick children;
(III)
residential and child-placing agencies; and
(IV) the quality rating and improvement
system (QRIS) program.
(ii) Standing subcommittee members are
identified and recruited by the standing subcommittee chairpersons with CCS and
OCCY consultation. Membership meets representation, per 10 O.S. §
404.
(iii) Standing subcommittees
meet a minimum of twice annually.
(iv) The standing subcommittee chairperson
provides a written report to CCAC, at least twice annually.
(v) CCS state office staff attends standing
subcommittee meetings and serves as a resource.
(B) A standing membership subcommittee helps
to ensure broad licensed program representation is included within CCAC. The
OCCY representative serves on the standing membership subcommittee and consults
with the CCS director identifying appropriate CCAC members.
(i) The standing membership subcommittee
chairperson works closely with other CCAC officers and provides the standing
membership subcommittee oversight.
(ii) The membership subcommittee meetings are
held at least quarterly, prior to CCAC meetings.
(iii) The membership subcommittee chairperson
provides a written quarterly report to CCAC.
(iv) The membership subcommittee recommends
to CCAC:
(I) the names for new
appointments;
(II) the
re-appointment of existing members based on attendance and participation on
CCAC subcommittees; and
(III) a
slate of officers.
(6)
Peer Review Board. CCAC
identifies members to serve on the Peer Review Board and participate in the DHS
grievance process per Oklahoma Administrative Code (OAC)
340:110-1-15 and
340:110-1-54. A majority of the
Peer Review Board are representatives of licensed child care
facilities.
(7)
QRIS
Administrative Review. CCAC identifies two members to serve on QRIS
administrative reviews per OAC
340:110-1-8.3(h)(5)(B),
with one member being a center owner or operator.
(d)
Meetings.
(1)
Frequency. CCAC meets
quarterly. Additional meetings may be called or regular meetings cancelled by
the chairperson and CCS representative.
(2)
Quorum. A minimum of one
third plus one member or designee, of currently appointed members, must be
present for a quorum.
(3)
Voting. All members or designees must receive CCAC orientation
prior to voting.
(4)
Attendance. Committee members or designees must attend at least
two CCAC meetings annually or may be removed from the committee at CCAC or DHS
Director's discretion.
(5)
Active participation. CCAC members or designees are required to
serve on subcommittees annually.
(6)
Guidelines. CCAC practices
are compatible with the Licensing Act.
(7)
Rules of order.
Robert's Rules of Order, as amended, are used to govern the
meetings.
(e)
Change of bylaws. CCS prepares bylaw revisions based on CCS and
CCAC input and recommendations. Proposed rulemaking is presented to CCAC for
comment and submitted for approval through the Administrative Procedures Act
rulemaking process.
Added as 340:110-1-16
at 9 Ok Reg 3249, eff 6-15-92 (emergency)1; Added at
10 Ok Reg 2369, eff 6-11-93; Amended at 13 Ok Reg 499, eff 11-14-95
(emergency); Amended at 13 Ok Reg 2663, eff 6-28-96; Amended at 16 Ok Reg 2527,
eff 7-1-99; Amended at 16 Ok Reg 3511, eff 7-13-99 through 7-14-00
(emergency)2; Amended at 18 Ok Reg 2144, eff
6-11-01; Amended at 19 Ok Reg 2274, eff 6-27-02; Amended at 22 Ok Reg 1304, eff
6-1-05; Amended at 23 Ok Reg 1092, eff 6-1-06; Amended at 24 Ok Reg 1351, eff
7-1-07; Amended at 25 Ok Reg 1962, eff 7-1-08; Amended at 26 Ok Reg 415, eff
11-20-08 (emergency); Amended at 26 Ok Reg 2239, eff
7-1-09
1In 1992, two different
emergency rules were added at the same section number (340:110-1-16
). One of these rules was later superseded by a permanent rule numbered at this
number (340:110-1-17).
2This emergency action expired
without being superseded by a permanent action. Upon expiration of an emergency
amendatory action, the last effective permanent text of the Section is
reinstated. Therefore, on 7-15-00 (after the 7-14-00 expiration of this
emergency action), the text of 340:110-1-17 reverted back to the permanent text
that became effective 7-1-99, as was last published in the 1999 OAC Supplement,
and remained as such until amended again by permanent action on
6-11-01.
