Current through Vol. 42, No. 1, September 16, 2024
(a)
Six-month
permit. New residential child care programs or child-placing agencies
may be issued a six-month permit. When the program was previously licensed at
another location and had a pattern of compliance, the six-month permit may be
waived. 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) the number of qualified
personnel;
(B) completed criminal
history review results for all required individuals;
(C) professional development, including
current cardio-pulmonary resuscitation (CPR) and first aid
certifications;
(D) hazards indoors
and outdoors;
(E) liability
insurance coverage;
(F) fire
safety; and
(G) 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) The items
required on file for a six-month permit issuance include:
(A) Form 07LC040E, Request for License
Child-Placing Agency and Residential Child Care;
(B) proof of ownership;
(C) current personnel list;
(D) Form 07LC041E, Personnel Information, for
each personnel;
(E) required
background investigations documentation, per Oklahoma Administrative Code (OAC)
340:110-1-8.1, including
completed criminal history review results for all required
individuals;
(F) State Fire
Marshal's approval for residential programs within the previous 12
months;
(G) health department
approval for residential programs within the previous 12 months, when meals are
prepared and served;
(H) Form
07LC057E, Physical Plant, for residential programs;
(I) completed applicable compliance review
questionnaire with supporting documentation; and
(J) applicable policy per applicable
Licensing requirements.
(2) During the six-month permit period, at
least three monitoring visits are completed to document Licensing requirements
are met, and observe child care or child-placing activity where
applicable.
(c)
Second and subsequent six-month permits. When subsequent permits
are recommended, the procedures in this subsection are followed.
(1) Programs manager 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
programs manager prior to recommending a second or subsequent permit.
(3) 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.
(4) When the subsequent permit is due to
repeated or serious non-compliance with Licensing requirements, Licensing staff
monitors the program, 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 programs manager is consulted.
(5) When requirements are met prior to the
second or subsequent six-month permit expiration, license issuance may be
recommended per (a)(1) of this Section.
(6) When children were not in care on a
regular basis or no child-placing activity occurred during the previous 12
months, the applicant is requested to withdraw the request for license, per OAC
340:110-1-45.
(d)
License issuance.
When Licensing staff determines the program or agency is operating in
compliance with the program's or agency's own policy and procedures and in
compliance with Licensing requirements, a recommendation is made to issue a
license. Prior to recommending license issuance, Licensing staff completes at
least three monitoring visits. A monitoring visit must be conducted within
60-calendar days of the issuance date, and children in care must be observed
during at least one monitoring visit, when applicable. A license is in effect
unless revoked or the program voluntarily closes.
(e)
Documentation for license
issuance. In addition to the items listed in (a) thru (c)(6) of this
Section for permit issuance, the items required on file before license issuance
include an updated personnel list.
(f)
Evaluation and disposition.
(1) The programs manager reviews Licensing
staff case action recommendations 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.
Added at 11 Ok Reg
399, eff 10-15-93 (emergency); Added at 11 Ok Reg 2773, eff 6-13-94; Amended at
17 Ok Reg 462, eff 10-19-99 (emergency); Amended at 17 Ok Reg 1339, eff
5-11-00; 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 1171, eff 5-13-02; Amended at 20 Ok
Reg 1274, eff 6-1-03; Amended at 22 Ok Reg 1304, eff 6-1-05; 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; Amended at 29 Ok Reg 1229,
eff 7-1-12