Current through Vol. 42, No. 1, September 16, 2024
(a)
Inquiries. Child care
program, residential program, or child-placing agency license inquiries are
referred to the appropriate Licensing staff. Licensing determines licensure
necessity per, Oklahoma Child Care Facilities Licensing Act, Section
403 of Title 10 of the Oklahoma
Statutes (10 O.S. § 403). Programs exempt from licensure may request
licensure.
(b)
Licensing
exemptions. Program exemptions include (1) through (3) of this
subsection.
(1)
Tribal reservation,
Indian country, and federal facilities. Facilities located on tribal
reservations or in Indian country and federal child care facilities not
requiring a state license that may request licensure are:
(A) on Indian tribal land;
(B) licensed by a tribe, with a Child Care
Services (CCS) cooperative Licensing agreement; and
(C) operating on military bases or federal
property.
(2)
In-home caregiver. Adult and Family Services (AFS) Child Care
Subsidy approves contracted child care when care is provided in the child's own
home and no license is required.
(3)
Additional exemptions.
Programs not designed or intended for child care include:
(A) programs operating less than 10 weeks
annually;
(B) summer programs
operating less than eight hours per day;
(C) programs serving children 3 years of age
and older, offering elementary education in kindergarten through third
grade;
(D) summer youth camps,
summer programs, or after-school programs for children who are at least 4 years
of age, accredited by a national standard-setting agency or church camp
accreditation program or are accredited by, chartered by, or affiliated with a
national non-profit organization;
(E) programs providing care and supervision
for school-aged children only in a center-based program for 21 or fewer hours
per week and located in a county with a population of less than 100,000, per
the latest Federal Decennial Census;
(F) programs where children are limited from
enrolling in multiple sessions because of the type of activity or ages
accepted;
(G) programs where
children are not enrolled by the parents and free to come and go;
(H) child care facilities including family
child care homes providing care and supervision for 15 or fewer hours per
week;
(I) sponsors operating two or
more programs in the same building when each operates 15 hours or less per
week; and
(J) programs where
children attend on a drop-in basis and parents are on the premises and readily
accessible.
(c)
Request for licensing
information. When the inquirer indicates an interest in becoming
licensed or licensure is required, Licensing staff:
(1) documents the name, address, phone
number, and type of care the program is providing or planning to provide;
and
(2) provides the inquirer with:
(A) the applicable Licensing
requirements;
(B) appropriate
request for license packet; and
(C)
referrals to other agencies involved in regulating child care facilities, such
as the fire department, health department, and local city regulatory offices,
when applicable;
(3)
follows procedures in Oklahoma Administrative Code (OAC)
340:110-1-13 or
340:110-1-54.1, when the program
is currently providing child care, residential care, or child-placing activity.
Licensing informs the inquirer not to provide child care, residential care, or
child-placing activity without permission to operate from CCS, per (h) of this
Section; and
(4) ascertains the
inquirer's qualifications for program or agency operation.
(d)
Request for license. When
Form 07LC004E, Request for License - Child Care Program; or Form 07LC040E,
Request for License Child-Placing Agency and Residential Child Care, is
received, Licensing staff:
(1) verifies Form
07LC004E or Form 07LC040E is complete;
(2) verifies proof of ownership is provided,
per OKDHS Appendix L-7, Ownership Proof Chart; and
(3) when appropriate, issues a permit within
45-calendar days or completes Form 07LC080E, Licensing Services Supplemental
Information, documenting timeframe extension circumstances.
(e)
Incomplete request for
license. An incomplete request for license is returned to the
applicant.
(f)
Withdrawal of
request for license. When an applicant:
(1) requests to withdraw the request for
license request prior to initial permit issuance, Licensing staff:
(A) documents the withdrawal request on Form
07LC080E, Licensing Services Supplemental Information;
(B) confirms no children or residents are in
care or no child-placing activity is conducted; and
(C) may close the case, unless negative
action is warranted; and
(2) has not had children or residents in care
or no child-placing activity for more than 12 months, the applicant is
requested to withdraw the request for license. When the applicant:
(A) agrees to withdraw the request, Licensing
staff:
(i) documents this discussion on Form
07LC080E;
(ii) provides a letter
confirming the discussion and notifying the applicant of request for license
withdrawal; and
(iii) proceeds with
case closure; or
(B)
does not agree to withdraw the request, Licensing staff:
(i) documents this discussion on Form
07LC080E;
(ii) provides a letter
notifying the applicant of case closure within 10-calendar days of receipt of
letter; and
(iii) proceeds with
case closure.
(g)
Application monitoring
visit. Licensing staff conducts a monitoring visit to determine
compliance with requirements. Licensing staff:
(1) provides program consultation regarding
quality care and quality rating and improvement (QRIS) criteria;
(2) discusses Oklahoma Human Service (OKDHS)
subsidy contract opportunities and documents that contract information was
provided to the applicant, when applicable; and
(3) issues a permit, per OAC
340:110-1-8 or
340:110-1-46, when
applicable.
(h)
Permission to operate. The program may be granted permission to
operate on application status when the Licensing staff determines an applicant
is temporarily unable to comply with all Licensing requirements, but the
services are needed and the non-compliance does not place children or residents
at risk of imminent harm.
(1) These
situations are discussed with the regional programs manager or programs
manager.
(2) Permission to operate
cannot exceed 30-calendar days.
(3)
When permission to operate is or was not granted, phone contact is made every
two months and documented on Form 07LC080E, Licensing Services Supplemental
Information.
(i)
Primary caregiver and spouse license issuance. When requested, a
license may be issued to a primary caregiver and his or her spouse. References
are obtained for both individuals, and both must demonstrate requirement
compliance. A primary caregiver must be identified and meet all primary
caregiver requirements.
(j)
Alternative residence. Care may be provided in a location other
than the primary caregiver's residence.
(k)
Reopening a family child care
home. When a family child care home was closed for less than 12 months
and had a record of compliance prior to closure, Licensing staff obtains a new
Form 07LC004E, Request for License - Child Care Program, and may recommend
license issuance after one compliant monitoring visit. Previous references are
utilized. Prior to license issuance, background investigations are conducted,
per OAC 340:110-1-8.1.
(l)
Reopening a child care center, day
camp, drop-in, out-of-school time, part-day program, or program for sick
children. When a program was closed and the same owner requests to
reopen, a new Form 07LC004E, Request for License - Child Care Program, is
completed.
(1) Fire and health inspections
completed within the last 12 months, are utilized unless concerns
exist.
(2) When the program was
closed less than 12 months:
(A) previously
obtained director references are utilized;
(B) background investigations are conducted,
per OAC 340:110-1-8.1; and
(C) with a record of compliance prior to
closure, Licensing staff may recommend license issuance after one compliant
monitoring visit.
(m)
Reopening a residential program or
child-placing agency. When a residential program or child-placing agency
was closed and the same owner requests to reopen, a new Form 07LC040E, Request
for License Child-Placing Agency and Residential Child Care, is completed.
(1) Fire and health inspections completed
within the last 12 months, are utilized unless concerns exist.
(2) When the program was closed less than 12
months:
(A) background investigations are
conducted, per OAC
340:110-1-8.1; and
(B) with a record of compliance prior to
closure, the Licensing staff may recommend license issuance after one compliant
monitoring visit.
(n)
Family child care homes approved to
provide foster care. A primary caregiver approved to provide foster care
may be licensed as a family child care home. The primary caregiver cannot be
licensed when approved for therapeutic foster care, per OAC
340:75-7-19. The approval for
dual service is made by the Licensing supervisor prior to each child placement,
based on the recommendation of Licensing staff and OKDHS foster care staff.
Licensing staff completes Form 07LC099E, Dual Approval Request for Foster Care
Placement. When a joint consensus is not achieved, either division may request
a review by the dual approval committee for a final decision. The decision for
approval is:
(1) based on the number, ages,
and children's specific needs potentially eligible for child care and foster
care and a written agreement from the primary caregiver stating the
individual(s) from whom the child was removed will not be present during the
child care hours;
(2) documented in
the case record; and
(3) reviewed
with the primary caregiver and foster care worker at least once every 12 months
or when concerns exist.
Amended at 10 Ok Reg
2369, eff 6-11-93; Amended at 11 Ok Reg 385, eff 10-15-93 (emergency); Amended
at 11 Ok Reg 2773, eff 6-13-94; Amended at 13 Ok Reg 325, eff 5-18-95
(emergency); Amended at 13 Ok Reg 499, eff 11-14-95 (emergency); Amended at 13
Ok Reg 2663, eff 6-28-96; Amended at 14 Ok Reg 2174, eff 5-14-97 (emergency);
Amended at 15 Ok Reg 1727, eff 5-11-98; Amended at 16 Ok Reg 285, eff 11-3-98
(emergency); Amended at 16 Ok Reg 1080, eff 4-26-99; Amended at 16 Ok Reg 2527,
eff 7-1-99; Amended at 18 Ok Reg 2144, eff 6-11-01; Amended at 19 Ok Reg 658,
eff 2-1-02 (emergency); Amended at 19 Ok Reg 1171, eff 5-13-02; Amended at 20
Ok Reg 1259, eff 6-1-03; Amended at 21 Ok Reg 910, eff 6-1-04; 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;
Amended at 27 Ok Reg 48, eff 10-1-09 (emergency); Amended at 27 Ok Reg 1869,
eff 7-1-10; Amended at 29 Ok Reg 1229, eff
7-1-12.
