Current through Vol. 42, No. 1, September 16, 2024
(a)
Failure
to meet requirements. When numerous, repeated, or serious non-compliance
with licensing requirements is observed and documented, or when an operator is
unable to comply with the requirements, or fails to protect the health and
safety of children, the Oklahoma Department of Human Services (OKDHS) may deny
or revoke the license. Denial or revocation of a license is based on
observation, investigation, and documentation that the operator is unable or
unwilling to comply with minimum requirements.
(1) Denial of a license is recommended for a
facility or agency that has filed an application for license.
(2) Revocation of a license is recommended
for a facility or agency that is currently licensed.
(b)
Consent agreement. OKDHS may
offer to enter into a consent agreement with a facility in lieu of license
denial or revocation. If such action has already taken place, a consent
agreement may be used during the appeal process if the facility comes into
compliance with licensing requirements. The use of a consent agreement is not
required prior to denying or revoking a license.
(1) An office conference with the operator is
scheduled to develop the consent agreement. The programs manager is present at
the meeting. The operator may bring legal representation.
(A) The programs manager determines the
minimum terms that are acceptable to avoid negative sanctions. Terms and time
frames of the agreement are based upon the nature and severity of the
non-compliance.
(B) The agreement
may include emergency voluntary restrictions, such as a ban on future
admissions of children to the facility, a restriction on the ages of children
cared for in the facility, a reduction in the number of children attending the
facility, and specific staff training, drug testing, and medical or
psychological evaluation.
(C) Time
frames to initiate and conclude the terms of the agreement are established and
may be extended upon approval of the programs manager and the OKDHS Legal
Division.
(2) The
operator is required to prominently post a copy of the consent agreement in the
residential facility or child-placing agency. During the next monitoring visit,
the licensing staff verifies that the consent agreement is posted. If it is not
posted, the licensing staff documents it as a violation of the terms of the
consent agreement.
(3) The
licensing staff mails a copy of the consent agreement, with a cover letter to
parents or guardians of children currently housed at the facility. If the
operator has not provided children's names and addresses, the licensing staff
records the information from the children's records during the next monitoring
visit.
(4) The licensing staff
conducts monitoring visits at least monthly while the consent agreement is in
effect. The same witness accompanies the licensing staff on monitoring visits
whenever possible.
(5) Any
violation of the terms of the consent agreement is:
(A) documented on Form 07LC080E, Licensing
Services Supplemental Information; and
(B) considered grounds for proceeding with
license revocation or denial.
(6) The residential child care facility or
child-placing agency is not entitled to an appeal of the terms of the consent
agreement, as participation in the agreement is voluntary.
(c)
Denial or revocation of
license. The licensing staff consults with the programs manager
regarding the denial or revocation recommendation.
(1) The licensing staff prepares a summary of
non-compliance and submits it to the programs manager for review, with a
recommendation to approve, disapprove, or delay decision pending further
investigation.
(2) When the
programs manager approves the denial or revocation, it is reviewed by the OKDHS
Legal Division. The director of Child Care Services or designee has final
approval of denial or revocation.
(3) Notification of proposed denial or
revocation is sent by certified mail to the operator, and to the OKDHS Legal
Division, at least 30 days prior to the effective date of the proposed action,
and includes a:
(A) copy of the recommendation
summary;
(B) notice of the
operator's right to appeal the decision;
(C) statement that the law requires notice in
writing of the denial or revocation be given to parents or custodians of
children attending the facility. The operator is instructed to submit to OKDHS
the names and addresses of currently enrolled children; and
(D) sign providing notice of proposed denial
or revocation that must be prominently posted in the facility.
(d)
Appeal.
(1) An appeal of the
decision to deny or revoke license must be submitted to the Oklahoma Commission
for Human Services by the operator within 30 days of receipt of the notice. If
the operator does not appeal the decision within the time period, the programs
manager sends to the operator by regular mail a notice of denial or revocation
that includes the effective date. This is also forwarded to the licensing
records office for potential restricted registration procedures per OAC
340:110-1-10.1.
(2) If an appeal is made by an operator to
OKDHS, a hearing is scheduled by the OKDHS Appeals Unit. The operator is
notified of the hearing by personal service, or by delivery to the proper
address by certified mail, at least two weeks prior to the date of the
hearing.
(3) If the administrative
hearing officer upholds the OKDHS decision, the hearing officer provides a
written notice at the conclusion of the hearing, which contains an explanation
of appeal rights.
(4) The facility
may continue to operate during any appeal process unless an Emergency Order is
in effect.
(A) The licensing staff conducts
monitoring visits at least once a month, unless advised otherwise in writing by
the programs manager or designee, and is accompanied by the same witness
whenever possible.
(B) If at any
time during the appeal process OKDHS believes the health, safety, or well-being
of children is at risk:
(i) an Emergency Order
is requested; or
(ii) following
consultation with the programs manager or designee, the licensing staff
contacts the district attorney (DA) of the local county or Attorney General and
requests that an injunction be filed.
(e)
Child care
discontinued.
(1) If the decision of
OKDHS to deny or revoke is upheld during all appeals, the programs manager
informs the operator in a letter that child care must immediately cease. This
is also forwarded to the licensing records office for potential restricted
registration procedures per OAC
340:110-1-10.1.
(A) The licensing staff conducts a follow-up
visit to confirm that child care has been discontinued. The programs manager or
designee is notified of the visit.
(B) If the operator continues to maintain and
operate the residential child care facility or child-placing agency after a
final decision to deny or revoke license, the licensing staff consult with the
programs manager regarding following procedures in (i) - (l) of this
Section.
(2) If the
OKDHS decision to deny or revoke is not upheld, OKDHS takes action to implement
the decision within ten days.
(3)
When OKDHS denies or revokes a facility's license, the responsible entity can
not make application for a new residential child care facility or child-placing
agency license within Oklahoma for five years.
(f)
Emergency Order. An
Emergency Order may be issued by OKDHS when immediate action is needed to
protect the health, safety, or well-being of children in a child care facility
or served by a child-placing agency.
(1) If
the operator is unwilling to voluntarily correct the hazardous situation, the
licensing staff notifies the programs manager of the circumstances. If the
programs manager agrees that an Emergency Order is warranted, all supporting
documentation is given to the director of Oklahoma Child Care Services (OCCS)
for review. The written order is issued and signed by the programs manager. If
the risk is such that children must be immediately removed from the residential
facility or placement through a child-placing agency, the director of OCCS may
give verbal approval for removal of children.
(A) The administrator or director and parents
or custodians are told that the facility will not be open on the following day;
or parents or custodians are contacted to pick up their children
immediately.
(B) If every effort
has been made to reach the parents or custodians, and children are at immediate
risk of harm, the programs manager contacts law enforcement to remove the
children.
(2) The
Emergency Order states the existence of an emergency and sets forth remedies
such as removal of children from the facility or closure of a facility. The
order is effective immediately and includes the right to appeal the
decision.
(3) Licensing staff
verify compliance with Emergency Order for a period of 30 days after the action
becomes final, unless the Emergency Order is rescinded within that
timeframe.
(4) The Emergency Order
may be rescinded when the programs manager verifies correction of the hazardous
situation. Upon receipt of such documentation, the director of OCCS notifies
the operator in writing that the order has been rescinded.
(5) The operator may request a hearing by
filing a written request within ten days of receipt of the Emergency Order. The
hearing is conducted within ten days from receipt of the operator's
request.
(6) If operator disagrees
with the results of the administrative hearing, the operator may appeal to the
district court within 30 days of the decision of the administrative hearing
officer.
(g)
Rescinding the order. The Emergency Order may be rescinded when
the licensing staff verifies correction of the hazardous situation. Upon
receipt of such documentation, the programs manager notifies the operator in
writing that the order has been rescinded.
(h)
Hearing process.
(1) The operator may request a hearing by
filing a written request within ten days of receipt of the Emergency Order. The
hearing is conducted within ten days from receipt of the operator's request. An
OKDHS hearing officer conducts the hearing.
(2) If the results of the OKDHS hearing are
disputed, the operator may file an appeal in district court within ten days of
the decision.
(i)
Violation of the Emergency Order. If an operator violates the
conditions set forth in the Emergency Order, the licensing specialist, after
consultation with the programs manager, contacts a Council on Law Enforcement
Education and Training (CLEET)-certified officer for assistance and makes a
referral to the DA for further action.
(j)
Citation Request. A referral
is made on Form 07LC097E, Citation Request, for the assistance of a
CLEET-certified officer. Procedures regarding citation request are:
(1) Licensing staff contacts a
CLEET-certified officer to schedule a visit to the facility.
(2) Upon violations of conditions set forth
in the Emergency Order, or following the revocation, or denial of a license, a
citation may be issued by the CLEET-certified officer for not less than $100,
nor more than $500 for every day the facility maintains and receives
children.
(3) Licensing staff and a
CLEET-certified officer monitor the facility until care of children has
ceased.
(k)
DA
referral. If violation of an Emergency Order occurs, licensing staff
consults with Programs Manager for the necessity of a referral to DA. Should a
referral be necessary, licensing staff completes Form 07LC098E, District
Attorney Referral, which includes documentation of the facts of the case. A
copy is sent to the statewide licensing coordinator who informs the OKDHS Legal
Division of the referral.
(l)
Referral to the Attorney General. If no action is taken by a DA of
the county where the facility is operating, a referral may be made to the
Attorney General by the statewide licensing coordinator or designee.
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 2274, eff 6-27-02; Amended at 20 Ok
Reg 1274, eff 6-1-03; 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 1869, eff
7-1-10
