Current through Vol. 42, No. 1, September 16, 2024
(a)
Six-month
permit. New child care centers, day camps, drop-ins, out-of-school time,
part-day programs, programs for sick children, and family child care homes may
be issued a six-month permit. The six-month permit provides Oklahoma Department
of Human Services (DHS) Child Care Services (CCS) Licensing staff an
opportunity to evaluate the program's compliance with Licensing requirements on
an ongoing basis, and provides a basis to contract with DHS for child care
subsidy, and receive Child and Adult Care Food Program reimbursement. The
owner's Licensing compliance history is considered.
(1) Licensing staff may recommend a permit
when the program is in compliance with Licensing requirements regarding:
(A) completed criminal history review results
for all required individuals;
(B)
number of qualified personnel;
(C)
professional development, including current cardio-pulmonary resuscitation
(CPR) and first aid certifications;
(D) hazards indoors or outdoors;
(E) liability insurance coverage;
(F) adequate equipment;
(G) fencing and playground safety;
(H) fire safety; and
(I) other areas affecting children's
safety.
(2) Licensing
staff conducts a full-monitoring visit documenting compliance with Licensing
requirements no more than 60-calendar days prior to six-month permit
issuance.
(b)
Documentation for six-month permit.
(1)
Child care centers, day camps,
drop-ins, out-of-school time, part-day programs, and programs for sick
children. Items required on file for six-month permit issuance, include:
(A) completed Form 07LC004E, Request for
License Child Care Program, and proof of ownership;
(B) approved director credential verification
and required master teachers, when applicable;
(C) Form 07LC002E, Personnel
Summary;
(D) Form 07LC041E,
Personnel Information, for each personnel;
(E) Form 07LC057E, Physical Plant, including
drawing and calculation;
(F)
adequate equipment for the recommended capacity;
(G) fire department approval documentation
within the previous 12 months;
(H)
health approval documentation, within the previous 12 months, when meals are
prepared and served; and
(I) all
required background investigations documentation, per Oklahoma Administrative
Code (OAC)
340:110-1-8.1, including
completed criminal history review results for all required
individuals.
(2)
Family child care homes. The items required on file for a
six-month permit issuance include:
(A)
completed Form 07LC004E, Request for License Child Care Program, and proof of
ownership;
(B) Form 07LC041E,
Personnel Information, for primary caregiver and prior to employment for
assistants and substitutes;
(C)
fire department approval documentation within the previous 12 months for a
large family child care home operating in a mobile home; and
(D) all required background investigations
documentation per OAC
340:110-1-8.1, including
completed criminal history review results for all required
individuals.
(c)
Second and subsequent six-month
permits. When subsequent permits are recommended, the procedures in this
subsection are followed.
(1) Assistant
licensing coordinator approval is needed for subsequent permits when programs
are recommended for, or are in the process of, a consent agreement or request
for license denial.
(2) Licensing
staff consults with the Licensing supervisor prior to recommending a second
permit.
(3) The Licensing
supervisor consults with the licensing regional programs manager (RPM) before
recommending a third permit.
(4)
The RPM consults with the statewide licensing coordinator or designee before
recommending a fourth or subsequent permit.
(5) Licensing staff provides a letter to the
applicant notifying him or her each time a second or subsequent permit is
recommended. The reason for the recommendation is clearly stated in the letter,
with each non-compliance area listed separately.
(6) When a subsequent permit is issued due to
numerous, repeated, or serious non-compliance with Licensing requirements,
Licensing staff monitors the facility at least monthly, and is accompanied by a
witness, when possible. When the non-compliance indicates the program is unable
or unwilling to meet Licensing requirements, the statewide licensing
coordinator or designee is consulted.
(7) When Licensing requirements per (a)(1) of
this Section are met prior to the second or subsequent six-month permit
expiration, license issuance may be recommended.
(8) When children were not in care on a
regular basis during the previous 12 months, the applicant is requested to
withdraw the request for license, per OAC
340:110-1-6.
(d)
Issuance of license. A
license is issued after Licensing evaluates the applicant's activities and
standards of care, determines the applicant meets all Licensing requirements
identified in (a) and (b) of this Section, and demonstrates substantial
compliance with all other Licensing requirements, including entry- level
professional development requirements for child care personnel, when required
per Licensing requirements.
(1) Prior to
recommending license issuance, Licensing staff completes at least three
monitoring visits, and an equipment inventory, when required per Licensing
requirements, in child care centers, day camps, drop-ins, out-of-school time
and part-day programs, and programs for sick children.
(2) Children in care must be observed during
at least one monitoring visit.
(3)
A monitoring visit must be conducted within 60-calendar days of the issuance
date.
(4) A license is in effect
unless revoked or the program voluntarily closes.
(e)
Documentation for license issuance
.
(1)
Child care centers, day
camps, drop-ins, out-of-school time and part-day programs, and programs for
sick children. In addition to the items in (a) through (b)(1) of this
Section for six-month permit issuance, items required on file before license
issuance include:
(A) a daily program
schedule;
(B) current Form
07LC002E, Personnel Summary;
(C) an
outdoor play schedule, when applicable;
(D) Form 07LC006E, Equipment Inventory for
Child Care Programs, as required per Licensing requirements;
(E) a statement of completed compliance
review, when applicable;
(F)
director's references;
(G) a
one-week sample menu of program provided meals and snacks;
(H) fire department approval documentation
within the previous 24 months;
(I)
health approval documentation within the previous 24 months when meals are
prepared and served; and
(J) a
statement of water test results when not on public water supply.
(i) When the test indicates the bacteria,
nitrates, or lead level is too high for safe use, the director may sign a
statement agreeing to use bottled water for drinking, cooking and, when
applicable, children's bathing.
(ii) When there is a high bacteria or lead
level, boiled or bottled water must be used for hand washing and dish
washing.
(iii) When programs are
licensed for 25 or more children, Department of Environmental Quality (DEQ)
approval is required, when not on a public water supply system.
(2)
Family child
care homes. In addition to the items in (a) through (b)(2) of this
Section for six-month permit issuance, the items required on file before
license issuance include:
(A) a one-week
sample menu;
(B) references;
and
(C) a statement of water test
results, when not on public water supply.
(i)
When the test indicates the bacteria, nitrates, or lead level is too high for
safe use, the caregiver may sign a statement agreeing to use bottled water for
drinking, cooking, and, when applicable, children's bathing.
(ii) When there is a high bacteria or lead
level, boiled or bottled water must be used for hand washing and dish
washing.
(f)
Evaluation and disposition.
(1) The Licensing supervisor reviews
Licensing staff's case action recommendation before forwarding to the statewide
licensing coordinator or designee.
(2) The statewide licensing coordinator or
designee reviews all case action recommendations. When a license or permit is
approved, owner notification is provided.
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; 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 80, eff 11-1-96 (emergency); Amended at 14 Ok Reg
1408, eff 5-12-97; 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 2527, eff 7-1-99; Amended
at 18 Ok Reg 2144, eff 6-11-01; Amended at 19 Ok Reg 221, eff 11-1-01
(emergency); Amended at 19 Ok Reg 658, eff 2-1-02 (emergency); Amended at 19 Ok
Reg 2274, eff 6-27-02; 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 28 Ok Reg 1669, eff
7-1-11
