Licensing requirements for family child care homes and large child care homes

              LICENSING
REQUIREMENTS
for
Family child care homes
and
large child care homes
LICENSINGREQUIREMENTSforFamilychildcarehomesandlargechildcarehomes
OKLAHOMADEPARTMENTOFHUMANSERVICES
OklahomaChildCareServices
EffectiveDate:7/01/10FOREWORD
Licensing requirements govern child care facilities in the State of Oklahoma. These rules are minimum requirements for the care and protection of children in care outside their own homes. They were developed by individuals from various professions with expertise in child care, including private providers; the Child Care Advisory Committee; and from input solicited from other providers and the public. The requirements were approved by the Commission for Human Services and the Governor of the State of Oklahoma pursuant to the Oklahoma Administrative Procedures Act.
It is the Oklahoma Department of Human Services’ (OKDHS) intent that licensing requirements are clear, reasonable, fair and enforceable. In the interest of serving the public, comments are welcomed and will be considered for future revisions or development of new requirements. Please complete the form below and send it to:
Oklahoma Department of Human Services Oklahoma Child Care Services P.O. Box 25352 Oklahoma City, OK 73125
COMMENTS REGARDING LICENSING REQUIREMENTS
Licensing Requirements for:
Reference: (Please give the cite and topic of the specific requirement to which you are referring, such as Section 2, re. Definitions.)

Section
re:

Section
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Recommendation:
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Return address:
Oklahoma Department of Human Services Oklahoma Child Care Services P.O. Box 25352 Oklahoma City, OK 73125
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TABLE OF CONTENTS
REQUIREMENTS FOR FAMILY CHILD CARE HOMES AND LARGE FAMILY CHILD CARE HOMES (340:110-3-80 through 340:110-3-97.1)
Section 80. Purpose and Policy of the Law1
Section 81. Definitions1
Section 82. Necessity and Issuance of License2
(a) License required2
(b) Application for license2
(c) License issued2
(d) Application denied or license revoked2
Section 84. Ages and Number of Children2
(a) Total number of children2
(b) One caregiver3
(c) Two caregivers3
Section 85. Requirements for Caregivers3
(a) Responsibilities of caregivers3
(b) Qualifications of caregivers5
(c) Background investigations and restrictions for caregivers6
(d) Training requirements8
Section 86. Home Environment8
(a) Physical conditions8
(b) Water safety10
(c) Animals and household pets10
(d) Emergency procedures11
(e) Overnight care11
Section 87. Transportation11
(a) Driver qualifications11
(b) Written permission12
(c) Verifications12
(d) Records12
(e) Passenger restraints12
(f) Vehicle requirements12
(g) Supervision and safety12
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Section 88. Records13
(a) General requirements13
(b) Caregiver records13
(c) Children’s identification and health records13
(d) Attendance records13
(f) Public access to records - compliance posting13
(g) Compliance file13
Section 89.1. Parent Communication14
(a) Policy14
(b) Well-being of the child14
(c) OKDHS child care information14
(d) Access to the home14
(e) Insurance14
Section 90. Child Health15
(a) Immunizations15
(b) Medication15
(c) Ill children15
(d) Cleanliness15
Section 91. Daily Routine and Equipment16
(a) Program16
(b) Media use16
(c) Play equipment16
(d) Tables and chairs16
Section 91.1. Rest Time16
(a) Place to rest16
(b) Mats16
(c) Cribs and playpens17
(d) Crib, port-a-crib, and playpen safety features17
(e) Sleep positioning17
Section 92. Behavior and Guidance17
(a) Positive guidance17
(b) Acts prohibited18
Section 93. Infants, Toddlers, and Two-Year-Olds18
(a) Responding to needs18
(b) Daily routine18
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(c) Bottle-feeding18
(d) Diaper-changing18
(e) Availability and disposal of diapers18
(f) Toilet learning19
(g) Potty chairs19
Section 94. Food and Nutrition19
(a) Daily requirement19
(b) Snacks19
(c) Provision of food19
(d) Encouragement to children19
(e) Menus19
(f) Water19
(g) Prohibited foods19
(h) Food storage19
(i) Dishes, cups, and eating utensils19
Section 97. Fire Safety20
(a) General requirements20
(b) Exits20
(c) Doors20
(d) Smoke detectors20
(e) Carbon monoxide detectors21
(f) Fire extinguishers21
(g) Heating equipment21
(h) Electrical services21
(i) Mobile homes21
Section 97.1. Requirements for Large Family Child Care Homes21
(a) Large family child care home21
(b) Requirements21
(c) Mobile homes21
(d) Capacity22
(e) Supervision of outdoor play22
(f) Required number of caregivers22
(g) Qualifications of caregivers22
(h) Training requirements23
(i) Outdoor play space23
Supplement I Oklahoma Child Care Facilities Licensing Act24
SUPPLEMENT II What Is Child Abuse?40
SUPPLEMENT III Minimum Immunization Requirements41
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SUPPLEMENT IV Disaster Preparedness44
SUPPLEMENT V Child Passenger Restraint System45
SUPPLEMENT VI Injury Report Form - Sample49
SUPPLEMENT VII Play Equipment - Recommended50
SUPPLEMENT VIII Child Guidance Principles53
SUPPLEMENT IX Ages and Stages of Child Development55
SUPPLEMENT X Bleach Solution59
SUPPLEMENT XI Minimum Meal Pattern Plan for Children60
SUPPLEMENT XII Safe Food Handling Recommendations61
Revisions To Requirements62
Index63
Family Child Care Homes Effective 7-1-10 PART 5. REQUIREMENTS FOR FAMILY CHILD CARE HOMES AND LARGE FAMILY CHILD CARE HOMES
Section 80. Purpose and policy of the law
It is the declared purpose and policy of the Oklahoma Child Care Facilities LicensingAct to ensure maintenance of minimum standards for the care and protection of children away from their own homes, to encourage and assist the child care facility in attainingmaximum standards, and to work for the development of sufficient and adequate services for child care. These requirements are presented as minimum requirements and safeguards to ensure the well-being of children. They have been developed from existing knowledge of child development and experience in child care.
Section 81. Definitions
The following words and terms, when used in this Subchapter, have the following meaning, unless the context clearly indicates otherwise:
"Assistant caregiver" means a person at least 16 years of age who assists the caregiver in caring for children.
"Child" means a person younger than 18 years of age.
"Child Care Restricted Registry" or "Restricted Registry"or “Joshua’s List”means a registry for registrants who are prohibited from being licensed, working, orresiding in child care facilities as defined in Section 405.3 of Title 10 of the Oklahoma Statutes.
"Department" means the Oklahoma Department of Human Services (OKDHS).
"Family child care home" means a family home that provides care and protection for seven or fewer children for part of the 24-hour day.
"Infant" means a child younger than 12 months of age.
"Large family child care home" means a residential family home that providescare and supervision for eight to twelve children for part of the 24-hour day.
"Non-registrant" means an individual that is not recorded on the Child Care Restricted Registry.
"Parent" means any adult who is legally responsible for the child, such as a mother, father, grandmother, grandfather, aunt, uncle, or legal guardian.
"Primary caregiver" means the caregiver who is present in the child care home and is responsible for the day-to-day operation of the program.
"Registrant" means an individual that is recorded on the Child Care Restricted Registry.
"Relative" means a person with the relationship, whether by marriage, blood, or adoption, of:
(A)
parent;
(B)
grandparent;
(C)
brother;
(D)
sister;
(E)
step-parent;
(F)
step-sister;
(G)
step-brother;
(H)
uncle;
Family Child Care Homes 1Effective 7-1-10 (I)
aunt; or
(J)
cousin.
"Substitute caregiver" means a person who is designated by the primary caregiverto provide substitute child care for short periods of time.
"Toddler" means a child 12 months up to 24 months of age.
Section 82. Necessity and issuance of license
(a)
License required. No child care facility may be legally operated or maintained inthe State of Oklahoma after June 20, 1964, unless licensed by OKDHS. SeeSupplement I, Oklahoma Child Care Facilities Licensing Act.
(b)
Application for license. Application for license is made on forms provided byOKDHS and in the manner prescribed.
(c)
License issued. In order to provide care for children in a child care facility, alicense is obtained from OKDHS that is issued on the basis of meeting minimum requirements essential for the health, safety, and well-being of the children in care.
(1)
Children are not accepted into care until permission is obtained from OKDHS.
(2)
The license granted applies to the ownership and location specified at the time the license is issued. If ownership or location changes, OKDHS is notified.
(3)
The license is not transferable.
(4)
Pursuant to the Oklahoma Child Care Facilities Licensing Act. [10 O.S. § 401 etseq.], persons identified as a registrant on the Child Care Restricted Registry are prohibited from:
(A)
licensure as a child care facility;
(B)
employment in a child care facility; and/or
(C)
residing in a child care facility.
(d)
Application denied or license revoked. OKDHS may deny an application orrevoke a license if the applicant or licensee violates any provision of the Oklahoma Child Care Facilities Licensing Act, Section 401 et seq. of Title 10 of the Oklahoma Statutes, or rules of the Commission for Human Services.
(1)
No application is denied or license revoked unless the licensee is given 30 days notice in writing of the grounds for the proposed denial or revocation.
(2)
If the denial or revocation is protested within 30 days of receipt of the written notice, a hearing is conducted.
(3)
When OKDHS denies an application or revokes a license, the responsible entitycannot make application for a new child care facility license within Oklahoma for five years following notification to the responsible entity of the application denial or license revocation; and during the appeal process.
Section 84. Ages and number of children
(a)
Total number of children. The maximum number of children in care at onetime, whether on or off the premises, does not exceed the number of children specified on the license. The total numberof children in a family child care home islimited to seven that includes:
(1)
children younger than five years of age who live in the home and are present in the home while children are in care;
Family Child Care Homes 2Effective 7-1-10 (2)
foster children 12 years of age and younger who live in the home and are present in the home while children are in care; and
(3)
the children of any substitute or assistant caregiver.
(b)
One caregiver.
(1)
When only one caregiver is present, the total number and ages of children that may be in care at any one time are:
(A)
seven children, with no more than two children younger than two years of age;
(B)
six children, with no more than three children younger than two years of age; or
(C)
five children of any age.
(2)
Examples of number and ages of children are presented in this paragraph.
Total Number of Children in Care
Under 2 Years
2 Years and Older
7
0
7
7
1
6
7
2
5
6
3
3
5
4
1
5
5
0
(c)
Two caregivers. Two caregivers must be present and providing care when:
(1)
seven children are in care and more than two children are younger than two years of age; or
(2)
six children are in care and more than three children are younger than two years of age.
(d)
Additional staff provisions are made forenrollment of children with disabilities whorequire individual attention.
Section 85. Requirements for caregivers
(a)
Responsibilities of caregivers. Responsibilities of caregivers are outlined in thissubsection.
(1)
Primary caregiver. The primary caregiver is present in the home at least 80 percent of weekly operating hours and is responsible for the day-to-day operation of the program. The sole proprietor must be the primary caregiver.
(2)
Care and supervision. The caregiver provides care and supervision of children at all times, both indoors and outdoors. Supervision of children means observing, overseeing, and guiding a child or group of children including:
(A)
awareness of and responsibility for the ongoing activity of each child and being near enough to intervene if needed; and
(B)
frequent observation of children in cribs and playpens.
(3)
Supervision of outdoor play. In addition to the requirements in (2) of this subsection, the caregiver remains outdoors with children at all times to ensure their safety when:
(A)
there is a potentially hazardous situation, such as a pool on the premises or a trampoline in the outdoor play area;
(B)
there is access to a dog(s) outdoors;
(C)
there are children three years of age or younger present; or
Family Child Care Homes 3Effective 7-1-10 (D)
the outdoor area is not completely fenced.
(4)
Supervision of overnight care. If children are in care overnight and more than one caregiver is required due to the ages and number of children present, at least one caregiver must be awake at all times.
(5)
Assistant and substitute caregivers. If the primary caregiver employs a person to assist with the care of children or to provide care and supervision in the primary caregiver's absence, the primary caregiver ensures that the assistant or substitute caregiver is qualified and understands and complies with requirements.
(A)
Required records. Prior to employment, a staff information form provided by OKDHS is completed and three references are verified. References from relativesare not accepted. Personnel records on all assistant and substitute caregivers are maintained at the home and made available to licensing staff upon request.
(B)
Assistant caregiver. If an assistant caregiver is employed to meet the required staff to child ratio, the assistant caregiver must be a responsible,mature, healthy person at least 16 years of age. The caregiver is prohibited fromleaving children alone in the care of any person younger than 18 years of age.
(C)
Substitute caregiver. A substitute caregiver, at least 18 years of age, is available to provide care for short periods of time in the absence of the caregiver.
(i)
The substitute caregiver may be used in emergency situations andoccasionally in non-emergency situations. In non-emergency situations, the caregiver must notify parents in advance that the substitute will be caring for their child at these times.
(ii)
The name, address, and telephone number of the substitute is provided to OKDHS and is posted with the other required emergency numbers in the family child care home.
(6)
Verification of criminal history investigations. The family child care owner or primary caregiver is responsible for submitting to Oklahoma Child Care Serviceslicensing records office criminal history investigations and obtaining dispositions on any charges shown on the report that lack dispositions.
(7)
Realistic expectations. The caregiver demonstrates a capacity for setting realistic expectations for behavior and performance based on the age, abilities, and special needs of the children.
(8)
Constructive influence. The caregiver's family members and others living in the home accept the children in care and provide constructive influence. There mustbe indication of a stable and harmonious home life.
(9)
Hazards. The caregiver recognizes and acts to correct hazards to children'ssafety, both indoors and outdoors.
(10)
Child abuse reporting. The primary caregiver, assistant caregiver, and substitute caregiver immediately report any suspicion of child abuse or neglect to the Statewide Child Abuse Hotline, 1-800-522-3511. Failure to report is a misdemeanor offense and upon conviction is punishable by law. See Supplement II, What Is Child Abuse.
(11)
Notification of Licensing Services. The primary caregiver notifies Licensing Services:
(A)
within 24-hours of the death of a child in care;
Family Child Care Homes 4Effective 7-1-10 (B)
within 24-hours of any accident involving transportation unless there were no injuries and only minor damage to the vehicles;
(C)
within 24-hours of any changes in liability insurance coverage;
(D)
within 24-hours of any injury to a child requiring emergency medical attention;
(E)
within 24-hours of any remodeling, changes, or damage to the physical facility that affect compliance with any requirement;
(F)
within 24-hours of any known arrest, criminal investigation, criminal charges,or child abuse investigations involving persons who live in the home, provide care, or assist with the care of children;
(G)
within 24-hours of any legal action against a caregiver that involves or affects a child in care or the operation of the family child care home;
(H)
within 24-hours when an animal bites a child and the skin is broken;
(I)
within five days when a person moves into the home; and
(J)
at least 30 days in advance of a move from one residence to another unless an emergency exists. The new home must comply with minimum licensing requirements.
(12)
Posting of license. The permit or license is displayed in the home.
(13)
Other employment. The caregiver is prohibited from conducting business in the home during the hours children are in care. The primary caregiver is not employed outside the home during the hours of child care.
(14)
Foster care. The caregiver may not provide therapeutic foster care. The caregiver may provide foster care only with prior written approval from OKDHSLicensing Services for each child placement.
(A)
The written approval includes the number and ages of foster children.
(B)
Foster children 12 years of age and younger are counted in the capacity of the family child care home.
(15)
Inactive care. A primary caregiver is determined to be in inactive status whencare has not been provided for more than 90 consecutive days.
(A)
Prior to resuming care, the caregiver must notify OKDHS Licensing Services to verify compliance with family child care home requirements.
(B)
If care has not been provided for more than 12 consecutive months, the family child care home is closed and must reapply and be approved for a license prior to resuming care.
(b)
Qualifications of caregivers. Qualifications of caregivers are described in thissubsection.
(1)
General. The caregiver is a responsible, mature, healthy adult who is capable ofunderstanding and complying with minimum licensing requirements and meeting the needs of the children in care. The caregiver demonstrates good judgment, as evidenced by prudent and responsible behavior that reasonably ensures the health, safety, and well-being of children in care.
(A)
Primary caregivers applying for a license afterOctober 1, 2007 are at least 21 years of age.
(B)
Primary caregivers applying for a license afterOctober 1, 2007 have obtained a high school diploma or General Educational Development (GED).
Family Child Care Homes 5Effective 7-1-10 (C)
All caregivers left alone with children have the ability to read and write forkeeping required records, reading the licensing requirements, and administering medication.
(D)
All caregivers cooperate with licensing staff during monitoring visits and OKDHS investigations.
(2)
Health. The requirements relating to the health of the caregiver, assistant caregiver and members of the household are contained in (A) - (C) of this paragraph.
(A)
General health. All caregivers and all members of the household where licensed care is provided must be in good physical, mental, and emotional health. If it is reported or observed that a caregiver or household member has a physical, mental, or emotional condition that could negatively impact the care of children, a physician's statement is requested.
(B)
Tuberculosis testing. The need for tuberculin skin testing of employees isbased upon a local identified tuberculosis exposure, the degree of risk of transmission of latent tuberculosis infection, the impact to public health and safety, and the specific recommendations of the Oklahoma State Department of Health.
(C)
Immunizations. There is documentation verifying that all children living in the home have or are in the process of obtaining the required immunizations at the medically appropriate time. See Supplement III, Minimum Immunization Requirements.
(3)
References. The primary caregiver submits to child care licensing the names of three references other than relatives, which may include a personal or family physician.
(c)
Background investigations and restrictions for caregivers. The requirementsfor background investigations and restrictions for caregivers are contained in paragraphs (1) - (6).
(1)
Criminal history investigations.
(A)
The family child care home owner or the primary caregiver submits to the licensing records office:
(i)
documentation of a search conducted within the last 30 days of the Child Care Restricted Registry;
(ii)
a completed criminal history investigation conducted within the last 12 months including dispositions on all charges; and
(iii)
a criminal history review request on a form provided by licensingrequesting an Oklahoma State Courts Network search for:
(I)
any person making application to operate a family child care home;
(II)
all caregivers, including primary, substitute, and assistant caregiver, prior to employment and being left alone with children;
(III)
all adults living in the facility; and
(IV)
persons age 18 years or older prior to their residence in the facility.
(B)
Criminal history investigations are not required for:
(i)
provider's children who become 18 years of age during continuousresidence in the home; and
(ii)
a parent volunteer who transports children on an irregular basis.
Family Child Care Homes 6Effective 7-1-10 (C)
Criminal history investigations must be obtained from the:
(i)
Oklahoma State Bureau of Investigation (OSBI); and
(ii)
appropriate agency in the previous state(s) of residence if the person has resided in Oklahoma less than three years.
(D)
The OSBI report must include a search of the Oklahoma Department of Corrections files maintained by OSBI pursuant to the Sex Offender Registration Act.
(2)
Child Abuse Registry check. A Child Abuse Registry check is conducted on all persons who sign the license application. A confirmed or substantiated allegation of child abuse or neglect is considered when evaluating the qualifications of the applicant and the safety and well-being of the children in care.
(3)
Verification of records search.
(A)
Prior to issuance of initial permit or change of ownership. The facilitymust receive criminal history review results from the OCCS licensing records office for all employees and/or any persons age 18 years or older who live in the facility.
(B)
Existing facilities. The facility must submit acriminal history review requeston a form provided by OKDHS to the OCCS licensingrecords office for all employees prior to employment and prior to any persons age 18 years or olderbeing allowed to live in the facility. This request for review must be maintained on file at the facility while awaiting the results.
(4)
Restrictions. Persons who have pending charges, unless waived by OCCS, orare convicted of or enter a plea of guilty or nolo contendere, no contest, to certain crimes cannot be licensed to care for children, live in a family child care home,provide care for children, or be a substitute or assistant caregiver, or be on the premises when children are in care. Those crimes include:
(A)
violence against a person;
(B)
child abuse or neglect;
(C)
possession, sale, or distribution of illegal drugs;
(D)
sexual misconduct;
(E)
gross irresponsibility or disregard for the safety of others;
(F)
animal cruelty; or
(G)
a pattern of criminal activity.
(5)
The owner or primary caregiver is restricted from knowingly employing orallowing a registrant to reside in the facility.
(6)
Request for waiver. A primary caregiver mayrequest a waiver from the restrictions described in paragraph (4).
(A)
The waiver request is made in writing to OKDHS and considered by the waiver review committee.
(B)
The person for whom the waiver is requested cannot be on the premiseswhen children are in care while a decision is pending.
(C)
The person for whom the waiver has been denied cannot be on the premises when children are in care.
(D)
A waiver may not be granted to any person:
(i)
convicted of a sex offense pursuant to the Sex Offender Registration Act;
Family Child Care Homes 7Effective 7-1-10 (ii)
required to register under the Mary Rippy Violent Crime Offenders Registration Act; or
(iii)
identified as a registrant on the Child Care Restricted Registry.
(7)
Endangerment of children. A person whose health or behavior would endanger the health, safety, or well-being of children is not permitted to live in the home or be on the premises when children are in care.
(8)
Alcohol, drugs, medication. When children are in care, no caregiver is underthe influence of:
(A)
alcohol or illegal drugs; or
(B)
medication that impairs functioning.
(d)
Training requirements. Training requirements for caregivers are contained in (1) - (3) of this subsection. The training listed in paragraphs (2) through (3) is required prior toissuance of the initial permit.
(1)
General. The primary caregiver is required to complete 12 clock hours of training annually through workshops, formal training, videos, or individual job-related readings. Annually, no more than six hours of videos or individual job-related readings is counted toward the required 12 hours.
(2)
CPR and first aid certification. Prior to permission to operate or issuance of the initial permit, the primary caregiver and any person who cares for children alone, on or off the premises, including during transportation, must have documentation,which is maintained by the caregiver at the facility, of current completed certification in age-appropriate first aid and cardio-pulmonary resuscitation (CPR), as approved by Oklahoma Child Care Services licensing. CPR and first aid certification must be kept current with documentation maintained by the facility.
(3)
Health and safety training. Prior to issuance of the initial permit the primary caregiver obtains training in:
(A)
disease and injury prevention measures;
(B)
use of a fire extinguisher; and
(C)
health and safety issues, including:
(i)
shaken baby syndrome;
(ii)
sudden infant death syndrome (SIDS);
(iii)
car seat safety;
(iv)
safeguarding the home;
(v)
immunizations;
(vi)
the definition, identification, and mandatory reporting of child abuse and neglect; and
(vii)
behavior and guidance methods.
Section 86. Home environment
(a)
Physical conditions.
(1)
Accessibility to licensing staff. All areas of the home are accessible tolicensing staff.
(2)
Indoor space. There is minimum indoor space available for routine use bychildren in child care of not less than 35 square feet per child exclusive of hallways,bathrooms, kitchen, and space not intended for children's use. Rooms used exclusively for napping are not counted toward the capacity.
Family Child Care Homes 8Effective 7-1-10 tenance. The home is in a good state of repair and maintained in a clean
and sanitary condition,
(3)
Maintenance. with operable utilities.
(4)
Toilet facilities. The home has:
(A)
a sink with comfortably warm or tempered running water with the temperature not to exceed 120 degrees Fahrenheit;
(B)
an operable toilet available for children's use;
(C)
soap for hand-washing and individual use towels; and
(D)
toilet paper within easy reach of children.
(5)
Hazards. The premises are free of hazards, indoor and out.
(A)
All medicines, cleaning products, hazardous items, and smoking materialsare inaccessible to children.
(B)
The premises are free of illegal drugs and paraphernalia.
(C)
Clear glass doors are plainly marked at the child's eye level to avoid accidental impact.
(D)
All stairways with four or more steps have a railing. Indoor stairways are made inaccessible when infants and toddlers are in care.
(6)
Weapons. All weapons are stored unloaded in a locked container, cabinet, orcloset. Ammunition is stored in a locked area separate from weapons.
(7)
Trampolines. The use of trampolines by children in care is prohibited.
(8)
Lighting and ventilation. Rooms used by children are lighted enough toaccommodate activities with comfort and allow the caregiver to see children's facial features at all times. Rooms used by children are ventilated.
(9)
Tobacco products. When children are in care, smoking is prohibited inside the home and in the presence of children. Other tobacco products are not used in the presence of children or in areas designated for children's use. Parents are informed upon enrollment of the presence of smokers in the home.
(10)
Indoor temperature. The indoor temperature is maintained between 65 and 80degrees Fahrenheit.
(11)
Screens. When windows or doors are kept open, screens are maintained to minimize the entry of insects.
(12)
Outdoor play safety. There is an outdoor playarea on the premises of not less than 75 square feet per child.
(A)
This area must be hazard free, away from traffic, water, and other dangers.
(B)
A fence beginning at ground level that is in good repair is required. OKDHS may grant an exception when the safety of children can be ensured.
(13)
Outdoor play. Children play outdoors daily when weather conditions do notpose a significant health risk.
(14)
Fire safety. The home complies with all fire safety requirements, per Section 97.
(15)
Water supply and waste disposal. Water supply, sewage disposal, and solid waste disposal meet local city ordinances and Oklahoma Department of Environmental Quality regulations.
(16)
Water testing. When not on a public water supply, water is tested initially and annually for lead, bacteria, and nitrates.
(17)
Questionable conditions. If the fire, safety, or health conditions are questionable, the appropriate state or local agency is requested to inspect the home.
Family Child Care Homes 9Effective 7-1-10 (b)
Water safety.
(1)
Supervision. Any play activity that involves water is supervised constantly.
(2)
Accessibility of ponds, pools, and hot tubs. No ponds, pools, or hot tubs are left accessible to children.
(3)
Fencing. Pools are fenced to prevent unsupervised access. All doors and gates leading to the pool are locked. There is:
(A)
a sturdy fence at least four feet high that cannot be easily climbed; or
(B)
a fence that connects to the top of an above-ground pool and extends two feet above the pool.
(4)
Wading pools. The use of portable wading pools is prohibited.
(5)
Swimming. In accordance with Oklahoma law, swimming pools used by the child care home are considered public bathing places and must be in compliance with the water quality, occupancy, and fencing standards in Design Standards and Operational Criteria for Public Bathing Places, Oklahoma State Department ofHealth Engineering Bulletin. This includes wading pools, water parks, in-ground pools, and above-ground pools. When children swim in a pool:
(A)
the caregiver is at or in the water and is appropriately dressed to enter the water at any time;
(B)
a person with a Community Water Safety Certificate or a comparable certificate as approved by OKDHS is in attendance at all times; and
(C)
the adult to child ratio for:
(i)
infants and toddlers is one adult to one child. This adult is not counted in any other adult-child ratios. The adults remain in direct physical contact with infants at all times during swimming or wading; and
(ii)
children two years and older is in accordance with Section 84(a) through (d) for family child care homes and Section 97.1(f) for large family child carehomes. When four or more children are two years of age through three years of age, one additional adult is required.
(6)
Restrictions.
(A)
The use of hot tubs by children in care is prohibited. The hot tub must be equipped with a hard cover.
(B)
Swimming and wading is not permitted at a lake, pond, or other body of water.
(c)
Animals and household pets.
(1)
Patrons are advised of the presence of animals.
(2)
Animals are in good health, do not show evidence of carrying disease, are friendly, and do not present a threat to the health, safety, and well-being of children.
(3)
All contact between animals and children is supervised by a caregiver who isclose enough to remove the child immediately if the animal shows signs of distressor the child shows signs of treating the animal inappropriately.
(4)
Documentation of current rabies vaccinations administered by a licensed veterinarian for dogs and cats is filed on the premises.
(5)
Ferrets, turtles, and any wild or dangerous animals are kept in an area that is inaccessible to children.
(6)
Reptiles, such as crocodiles, alligators, poisonous snakes and lizards, pythons, and boa constrictors, are not kept on the premises.
Family Child Care Homes 10Effective 7-1-10 (7)
Animals are restricted from areas where food is prepared or served and from children's sleeping surfaces.
(8)
Animal litter boxes are not located in food preparation areas and are not easilyaccessible to children in other areas of the home.
(9)
Outdoor play areas are cleaned of animal waste before children play outside.
(10)
If an animal bites a child and the skin is broken, the child's parent is contacted immediately. The licensing staff and the county or state department of health are notified within 24 hours.
(d)
Emergency procedures. The caregiver is familiar with emergency procedures.
(1)
There is a planned source of medical care, such as a hospital emergency room, clinic, or other medical facility or physician acceptable to parents.
(2)
The caregiver has emergency transportation available.
(3)
The home has an operable telephone. Emergency information posted next to the telephone includes:
(A)
address of the home;
(B)
physician or clinic;
(C)
fire department;
(D)
police department;
(E)
poison control, 1-800-222-1222; and
(F)
substitute caregiver.
(4)
First aid supplies are available in the home but made inaccessible to children. Supplies include:
(A)
thermometer;
(B)
disposable nonporous gloves;
(C)
blunt-tipped scissors;
(D)
tweezers;
(E)
bandage tape;
(F)
sterile gauze;
(G)
non-medicated adhesive strips; and
(H)
current standard first aid text or equivalent first aid guide.
(5)
Fire and tornado drills are conducted monthly. A record of the drills is maintained at the home.
(6)
The primary caregiver has a written plan for reporting and protecting from outside threats, and evacuating in case of fire, flood, tornado, blizzard, power failure, orother natural or man-made disaster that could create structural damage to the facilityor pose health hazards. See Supplement IV, Disaster Preparedness.
(7)
Caregiver contacts poison control with any suspected child poisonings.
(e)
Overnight care. Overnight care can only be provided by a caregiver who islicensed at his or her primary residence.
Section 87. Transportation
(a)
Driver qualifications. All drivers must:
(1)
be at least 21 years old;
(2)
have an operator's license of the type appropriate for the vehicle that is valid in the driver's state of residence;
Family Child Care Homes 11Effective 7-1-10 (3)
have no conviction within the last three years of driving under the influence of alcohol or drugs or other impaired driving offense; and
(4)
if driving a vehicle designed to transport ten or more passengers, complete training specific to the safe operation of that type of vehicle within three months of providing transportation to children.
(b)
Written permission. The primary caregiver maintains on file written permissionfrom the parent or guardian to transport children.
(c)
Verifications. The vehicle is covered by liability insurance.
(d)
Records. The driver is provided the names of the children being transported and a method to contact the children's parents or guardians in case of an emergency.
(e)
Passenger restraints. Children transported are properly secured in a child passenger restraint system (car seat) or individual seat belt, in compliance with applicable state law, per 47 O.S. Section 11-1112. See Supplement V, Child PassengerRestraint System.
(1)
The car seat is:
(A)
federally approved;
(B)
installed according to the manufacturer's instructions;
(C)
appropriate to the height, weight, and physical condition of the child,according to the manufacturer's instructions; and
(D)
properly maintained.
(2)
Each seat belt:
(A)
is properly anchored to the vehicle; and
(B)
fits snugly across the child's hips or securely anchors the car seat.
(3)
Children age 12 years and younger are prohibited from sitting in the front seat of an airbag equipped passenger vehicle unless an airbag cut off switch is installed and activated or if the vehicle has airbags equipped with weight sensitive devices. If a child 12 years of age or younger must be placed in front of an air bag, because all other positions are taken, it must be a child whose age and weight requires a forward facing harness seat.
(f)
Vehicle requirements. All vehicles used to transport children have:
(1)
door locks. Doors are kept locked when the vehicle is moving;
(2)
a first aid kit as described in Section 86(d)(4); and
(3)
an operable heater, capable of maintaining a temperature of 65 degreesFahrenheit in the vehicle, and a ventilation system.
(g)
Supervision and safety.
(1)
Children are never left unattended.
(2)
Safe conduct to and from all vehicles and safe off-street loading space isprovided to protect children from:
(A)
backing vehicles;
(B)
being between vehicles; and
(C)
all traffic hazards.
Family Child Care Homes 12Effective 7-1-10 Section 88. Records
(a)
General requirements. Children's records are kept on forms provided by OKDHS or on forms containing the same information. Records are kept current and easilyaccessible. OKDHS staff is allowed access to all records.
(b)
Caregiver records. Records on all caregivers, including the primary caregiver,assistant caregivers, and substitute caregivers, are completed and maintained in the home. Records include:
(1)
staff information forms provided by OKDHS;
(2)
criminal history investigations with records maintained in a confidential manner;
(3)
documentation of training;
(4)
attendance records for each caregiver that reflect days and hours worked and are maintained on file for 120 days;
(5)
documentation of request and/or results of a criminal history review; and
(6)
documentation that the individual is a non-registrant on the Child Care Restricted Registry; and
(7)
when applicable, a criminal history investigation from the previous state(s) of residence if the individual has resided in Oklahoma less than the last three years.
(c)
Children’s identification and health records. Identification and health records include:
(1)
the child's name, date of birth, name of parent(s), home address, parents' place of employment, and telephone numbers;
(2)
the names and telephone numbers of responsible persons to contact in an emergency if a parent cannot be located promptly;
(3)
permission of a parent authorizing the caregiver to transport the child to emergency medical care;
(4)
names and relationships of persons authorized to pick up the child;
(5)
health information, including record of immunizations;
(6)
name, address, and telephone number of the child's physician;
(7)
medication and transportation permission, if applicable; and
(8)
date child began care.
(d)
Attendance records. Daily attendance records, including arrival and departure times, are maintained for each child and maintained on file a minimum of 120 days.
(e)
Public access to records - Compliance Posting.
(1)
Items posted within clear view of the main entrance are:
(A)
OKDHS provided Form 07CL084E, Notice to Parents; and
(B)
Form 04CP004E, Oklahoma Child Welfare Investigative Summary Notification to Oklahoma Child Care Services, with confirmed or substantiated findings, for 120 days from the completion of the investigation.
(2)
The granted waiver notification for individuals who have criminal histories asdefined in Section 85(c) are posted in a prominent place for as long as they are employed or living in the facility.
(f)
Compliance file. A compliance file that is accessible to staff, parents, and others shall contain:
(1)
the most recent child care licensing monitoring report provided by the licensing specialist;
(2)
the following documents issued by Licensing within the last 120 days:
(A)
child care licensing monitoring reports and licensing correspondence;
Family Child Care Homes 13Effective 7-1-10 (B)
Form 07LC037E, Notice to Comply;
(C)
licensing complaints; and
(D)
Form 04CP004E, Child Welfare Investigative Summary Notification to Oklahoma Child Care Services, with findings of unconfirmed or unsubstantiated to include findings of services not needed, ruled out, or services recommended;and
(3)
Form 04CP004E, Child Welfare Investigative Summary Notification to Oklahoma Child Care Services, with findings of confirmed or substantiated, for one year from the completion of the investigation.
Section 89.1. Parent communication
(a)
Policy.A written statement of the caregiver's business policy is provided to parents, including:
(1)
the location and accessibility of the licensing compliance file;
(2)
days and hours of operation, including holidays the program is closed;
(3)
procedure for:
(A)
receiving and releasing a child from care, including a method of verifying the identity of a caller or person who picks up a child;
(B)
notifying parents if a concern exists when a child does not arrive as scheduled;
(C)
handling illness and injuries; See Supplement VI, Injury Report Form – Sample.
(D)
storing and administering children's medication;
(E)
notifying parents of field trips; and
(F)
transporting children;
(4)
care of ill children;
(5)
mandatory reporting of child abuse or neglect; and
(6)
behavior and guidance policy.
(b)
Well-being of the child. The caregiver informs parents of the child's physical and emotional well-being.
(c)
OKDHS child care information. OKDHS Publication No. 87-91, The Parents’ Guide to Selecting Quality Child Care, is made available to parents upon their child's enrollment.
(d)
Access to the home. Parents are provided access to all areas of the home usedfor child care during the hours that children are in care.
(e)
Insurance. A child care facility shall maintain liability insurance in accordance withSection 404.3 of Title 10 of the Oklahoma Statutes.
(1)
When liability insurance is maintained, Form 07LC092E, Insurance Verification, that includes a certificate of insurance obtained from the insurance agent iscompleted annually, maintained at the facility, and made available to licensing.
(2)
When liability insurance is not maintained or the facility reports they are self-insured, Form 07LC093E, Insurance Exception Notification, is posted in clear view ofthe main entrance to the facility.
Family Child Care Homes 14Effective 7-1-10 Section 90. Child health
(a)
Immunizations. Children have or are in the process of obtaining all required immunizations at the medically appropriate time. See Supplement III, Minimum Immunization Requirements.
(b)
Medication.
(1)
Original container. Medications must be provided by the parent in the original container and clearly labeled with the child's name and directions.
(2)
Parental permission. Medication is accompanied with written dated permission from the parent giving the exact dosage and times to be administered.
(3)
Records. To avoid duplication, each dosage administered is recorded by the caregiver and the record is readily available to parents.
(4)
Storage. All medications are properly stored separately from food and kept in a safe place out of children's reach.
(5)
Medication injections. When medication is administered by injection, the requirements in this paragraph apply.
(A)
Syringes, needles, and lancets are only used one time.
(B)
Approved sharps containers are used for any medical waste that is sharp or could cause a cut or wound. Examples include syringes, needles, and lancets used to administer insulin or test blood sugar.
(C)
When the container is full, arrangements for disposal are made with the local pharmacy, county health department, or personal physician.
(c)
Ill children.
(1)
Contagious illness. Any child showing symptoms of contagious illness isseparated from the group.
(2)
Disease control. The local or state health department is notified upon discovery of any case of hepatitis, meningitis, Shigellosis, Giardiasis, measles, rubella, whooping cough, tuberculosis, E coli 0157:H7, Salmonellosis, or any Haemophilus influenza invasive disease in any person associated with the family child care home.
(3)
Notification of parents. Parents of the ill child are notified as symptoms develop or change.
(4)
Decision to provide care. When symptoms of illness are present, the primary caregiver determines whether to provide care for the child, based upon the apparent degree of illness, other children present, and facilities available to provide care for the ill child.
(d)
Cleanliness.
(1)
Handwashing - caregivers. Caregivers wash their hands with soap and running water:
(A)
prior to food preparation;
(B)
before feeding children, or eating;
(C)
after diapering or toileting;
(D)
after touching or cleaning up body fluids, including wiping noses; and
(E)
after handling or feeding pets.
(2)
Handwashing - children. Caregivers ensure that children wash their hands with soap and running water:
(A)
before eating;
(B)
after toileting;
Family Child Care Homes 15Effective 7-1-10 (C)
after handling pets;
(D)
after playing outdoors; and
(E)
after wiping their noses.
(3)
Handwashing supplies. Soap and clean individual or paper towels are easilyaccessible to the caregiver and children for handwashing.
(4)
Children's clothing. A child's clothing is changed immediately following a toileting accident or in other situations when clothing becomes unsanitary. Soiled clothing is placed in a sealed, moisture-proof bag and sent home.
Section 91. Daily routine and equipment
(a)
Program. The caregiver provides a balanced program of opportunities for learning, indoor and outdoor play, rest periods, and meals.
(b)
Media use. Television, videos, computers, and video games, if used, are age-appropriate and used with discretion and selectivity.
(c)
Play equipment. A variety of indoor and outdoor play equipment that meets the varied developmental needs and interests of children in care is readily accessible. See Supplement VII, Play Equipment – Recommended.
(1)
Equipment must be available from the categories of:
(A)
art supplies;
(B)
books;
(C)
large muscle equipment;
(D)
musical equipment;
(E)
blocks and accessories;
(F)
dramatic play materials;
(G)
manipulative toys; and
(H)
science materials.
(2)
Equipment is maintained in good working condition and is clean, safe, and free from rough edges, sharp corners, pinch and crush points, splinters, and exposed nails or bolts.
(3)
Outdoor equipment, such as swings, slides, and climbing apparatus is notlocated on a hard surface.
(4)
Equipment not designed to be portable is anchored firmly to the ground.
(5)
All equipment is placed in a safe location.
(d)
Tables and chairs. Tables and chairs that ensure children's safety and comfort are provided for meals and snacks.
Section 91.1. Rest time
(a)
Place to rest.
(1)
Each child has an appropriately sized, individual place to rest, such as a crib, playpen, bed, cot, or mat, with clean individual bedding. The place to rest is maintained in a clean and sanitary condition and in good repair.
(2)
Waterbeds, sofas, soft mattresses, bassinettes, stacked cribs, pillows, beanbagchairs, and other soft surfaces are prohibited as infant sleeping surfaces.
(b)
Mats. Mats are not used for overnight care. When used for napping, each mat is:
(1)
at least two inches thick and covered with a fitted, durable, washable, waterproofmaterial; and
Family Child Care Homes 16Effective 7-1-10 (2)
only used on clean carpeted surfaces.
(c)
Cribs and playpens. A crib, port-a-crib, or playpen with a firm waterproof mattressor pad and a tight-fitting sheet is used for each child younger than one year of age.
(d)
Crib, port-a-crib, and playpen safety features.
(1)
Cribs, port-a-cribs, and playpens with more than 2 and 3/8 inches between slatsor between the side and end panels are not allowed.
(2)
Cribs with decorative cutout areas in crib-end panels or tall decorative knobs on the corner posts, that can entrap the child's head or catch the child's clothing, are not allowed.
(3)
Mattresses must be tight-fitting with no more than one inch between the mattress and crib.
(4)
Drop-side latches hold sides securely and are not accessible by the child in the crib.
(5)
Pillows, quilts, comforters, sheepskins, stuffed toys, bumper pads, and other softproducts are not permitted in infant cribs, playpens, or port-a-cribs.
(e)
Sleep positioning.
(1)
To reduce the risk of Sudden Infant Death Syndrome (SIDS), infants youngerthan 12 months of age are placed on their back for sleeping unless there is a medical reason documented by a doctor, the infant should not sleep in this position. Documentation is maintained at the facility.
(2)
Infants who are able to turn themselves over are placed initially on their back forsleeping but allowed to sleep in a position they prefer.
(3)
Children's heads and faces are not covered.
Section 92. Behavior and guidance
(a)
Positive guidance. Discipline is constructive and educational in nature and appropriate to the child's age and circumstances. See Supplement VIII, Child Guidance Principles. The caregiver:
(1)
recognizes and encourages acceptable behavior; See Supplement IX, Ages and Stages of Child Development.
(2)
teaches by example and uses fair and consistent rules in a relaxed atmosphere with discipline that is relevant to the child's behavior;
(3)
supervises with an attitude of understanding and firmness;
(4)
redirects children by stating alternatives when behavior is unacceptable;
(5)
when necessary, intervenes as quickly as possible to ensure the safety of all children;
(6)
gives clear directions and provides guidance appropriate to the child's level ofunderstanding;
(7)
speaks so that children understand they and their feelings are acceptable but unacceptable action or behavior is not;
(8)
encourages children to control their own behavior, cooperate with others, and solve problems by talking things out;
(9)
uses safe, natural, and logical consequences to address inappropriate behavior;and
(10)
uses "time-out" periods only as necessary to enable the child to gain control of himself or herself. Time-out periods do not exceed five minutes. No more than one
Family Child Care Homes 17Effective 7-1-10 minute of time-out for each year of a child's age is recommended. Time-out periodsare not required to be completed should the child regain control.
(b)
Acts prohibited. The caregiver is prohibited from:
(1)
subjecting children to punishment of a physical nature, such as shaking, striking, spanking, biting, swatting, thumping, pinching, popping, shoving, spatting, yanking,hair pulling, slamming, excessive exercise, or any cruel treatment that may cause pain;
(2)
subjecting children to punishment of a psychological nature, such as humiliation, making derogatory or sarcastic remarks about them or their families, or using harsh or profane language, or making actual or implied threats of physical punishment;
(3)
punishing or threatening children in association with food, rest, or toilet learning;
(4)
putting anything in or on a child's mouth as punishment;
(5)
seeking or accepting parental permission to use any punishment or act prohibited by this subsection;
(6)
restraining a child by any means otherthan holding. The child is only held aslong as is necessary for the child to regain control;
(7)
isolating a child without supervision or placing the child in a dark area;
(8)
permitting a child to discipline other children; and
(9)
punishing an entire group due to the actions of a few children.
Section 93. Infants, toddlers, and two-year-olds
(a)
Responding to needs. The caregiver holds, cuddles, talks to, and sings to infants and toddlers and understands and responds to their particular needs.
(b)
Daily routine. The daily routine is adapted to the individual needs of each infantand toddler and fits as much as possible into the schedule set up by the parent.
(1)
The daily schedule is accessible and followed with reasonable regularity.
(2)
Children are not left for more than 30 minutes while awake in playpens, swings,high chairs, or stationary activity centers.
(c)
Bottle-feeding. Bottles are not propped by any means at any time.
(1)
Infants up to the age of six months are held while bottle-fed.
(2)
Infants of more than six months are held while bottle-fed until they are able to hold their own bottle securely.
(3)
Children are not given bottles in cribs or moving swings due to increased risk of choking, ear infections, and tooth decay.
(4)
Breast milk is refrigerated or frozen until immediately before feeding.
(5)
Bottles of premixed formula are refrigerated until immediately before feeding.
(6)
Unused breast milk or formula left in the bottle is disposed of after feeding.
(7)
Bottles of formula or breast milk are not warmed in a microwave oven.
(d)
Diaper-changing. Diapers are changed promptly when wet or soiled.
(1)
A clean nonporous surface or pad is used for diaper changes and sanitized after each use. Care is taken to prevent spread of germs. See Supplement X, Bleach Solution.
(2)
Caregivers wash their hands thoroughly with soap and warm water after each diaper change.
(e)
Availability and disposal of diapers.
(1)
Sufficient quantities of clean diapers are available.
(2)
A closed container for soiled diapers is provided and used.
Family Child Care Homes 18Effective 7-1-10 (f)
Toilet learning. Toilet learning is a relaxed, pleasant activity.
(1)
The caregiver shares the child's toilet learning progress with the parent.
(2)
Training pants or underwear are changed promptly when wet or soiled.
(3)
Fecal content may be disposed of in a toilet, but soiled diapers or training pantsare not rinsed in the toilet.
(g)
Potty chairs. Potty chairs are emptied and sanitized after each use.
Section 94. Food and nutrition
(a)
Daily requirement. A child remaining in the family child care home for longer than afour-hour period is served a balanced meal that provides at least one-third of the child's total daily nutritive requirement. See Supplement XI, Minimum Meal Pattern Plan ForChildren.
(b)
Snacks. Snacks are provided at mid-morning and mid-afternoon when the interval between regular meals is four hours or longer.
(c)
Provision of food.
(1)
The caregiver provides the food for all children who are able to eat regular food. The caregiver may require the parent to provide food for an infant or child requiring a special diet.
(2)
Second servings are available for children.
(d)
Encouragement to children. Children are encouraged to try new food but are not forced to eat or punished for not eating.
(e)
Menus. Weekly menus are planned in advance, readily available, and closely followed. Reasonable substitutions are permissible.
(f)
Water. Water is offered to children at various times throughout the day.
(g)
Prohibited foods. Foods that may not be served or offered to children are:
(1)
home-canned foods;
(2)
raw seed sprouts;
(3)
prepackaged unpasteurized juices, milk, or juices that have a warning label;
(4)
unpasteurized milk from animals;
(5)
raw or undercooked animal foods, such as hamburger, fish, or eggs;
(6)
lightly cooked or uncooked foods containing raw shell eggs, such as meringue, eggnog, ice cream, or egg beverages.
(h)
Food storage. Food is covered and protected from contamination and spoilage while being obtained, stored, prepared, or served. See Supplement XII, Safe Food Handling Recommendations.
(1)
All equipment and surfaces are maintained in a clean and sanitary condition.
(2)
Refrigerated foods are maintained at 41 degrees Fahrenheit or below. Stored frozen foods are maintained frozen. A thermometer is located in the refrigerator.
(3)
Chemicals and toxins are not stored in the food storage area.
(4)
Dishes washed by hand are sanitized and air-dried. See Supplement X,Bleach Solution.
(i)
Dishes, cups, and eating utensils. Each child is provided with clean individualdishes, cups, and eating utensils. Disposable items are used only one time.
Family Child Care Homes 19Effective 7-1-10 Section 97. Fire safety
(a)
General requirements. It is the responsibility of the primary caregiver to ensure compliance with the construction and equipment requirements contained in this subsection. State or local fire officials are consulted as needed.
(1)
Any building used as a family child care home meets local minimum building codes. In localities where a building code does not exist, construction conforms to the current state adopted building code.
(2)
If care is provided on the second floor of a multi-family dwelling, the structure meets the life safety code provisions for multi-family occupancies.
(3)
Electrical wiring is installed in accordance with state and local codes or ordinances.
(4)
All heating and air conditioning equipment is installed in accordance with state and local building codes.
(5)
Water heaters are equipped with a pressure-relief valve.
(b)
Exits.
(1)
Each room used for child care has at least two means of escape, at least one ofwhich is a door leading to an unobstructed path to the outside. The second meansof escape may be an unobstructed, operable window not less than 820 square inches and large enough to allow all adults and children to escape.
(2)
Security bars, when present, must be hinged with a quick release mechanisminside the home that requires one motion to operate, or be unlocked during the hours of child care.
(3)
Care of children, including naptime, is not provided for children three years oryounger on any floor above ground level.
(4)
No story above the second level, excluding basements, is used for child care.
(5)
When care is provided on the second level, the second route of escape must be a safe means to ground level.
(6)
Space that is accessible only by a ladder, folding stairs, or through a trap door isnot used for child care.
(7)
When care of children is permitted on the floor below ground level, basement, at least one exit is a door leading directly to the outside at ground level. The second means of escape may be an unobstructed, operable window not less than 820 square inches and large enough to allow all adults and children to escape. Care ofchildren is not provided more than one story below the ground.
(8)
Every stairway is maintained free of obstructions and provides safe passage.
(9)
Stairways within the exits with four or more steps have a railing.
(c)
Doors.
(1)
Each door that is a means of exiting the home opens without a key and is no lessthan 28 inches wide.
(2)
Every closet door latch is such that children can open the door from inside the closet.
(3)
Every bathroom door lock is designed to permit opening of the locked door from the outside with a readily accessible opening device.
(d)
Smoke detectors.
(1)
There is at least one operable smoke detector on each level of the home located at the top of any stairs.
(2)
Any room used by children for playing or sleeping, except the kitchen, has a smoke detector.
Family Child Care Homes 20Effective 7-1-10 (3)
Smoke detectors are tested monthly and a record of the date is documented.
(e)
Carbon monoxide detectors.
(1)
One operable carbon monoxide detector is installed according to manufacturer instructions when there is a fuel burning appliance in the home.
(2)
Carbon monoxide detectors are tested monthly and a record of the date isdocumented.
(f)
Fire extinguishers.
(1)
A portable fire extinguisher, Class ABC or BC, with a gauge is provided for the cooking area. It is readily accessible.
(2)
Disposable fire extinguishers with a gauge are acceptable.
(3)
Extinguishing devices are UL-approved.
(4)
All fire extinguishers are replaced or serviced and tagged by a competent authority every three years or when the seal is broken.
(g)
Heating equipment.
(1)
Unvented, ventfree, or open-face heaters are not used while children are in care.
(2)
Portable heaters are not used while children are in care, with the exception ofelectric oil-filled space heating units.
(3)
A guard is provided to protect children from hot surfaces and open flames.
(4)
Fireplaces in use while children are in care have solid doors that are kept closed.
(5)
A stove or combustion heater is not located where it would prevent escape in case of malfunctioning of the stove or heater.
(6)
Heating equipment not specifically designed or installed as a normal heating source is not used for that purpose.
(h)
Electrical services.
(1)
The use of temporary wiring or extension cords as permanent wiring is prohibited.
(2)
Electrical outlet covers are used in all areas occupied by children.
(3)
An operable flashlight is available at all times.
(i)
Mobile homes.
(1)
Documentation is maintained that a mobile home, when used as the family child care home and manufactured after June 25, 1976, is in compliance with the current Housing and Urban Development (HUD) standards.
(2)
The mobile home is anchored and enclosed to ground level with a wind-resistantmaterial.
Section 97.1. Requirements for large family child care homes.
(a)
Large family child care home. A large family child care home is a residential family home that provides care and supervision for eight to 12 children for part ofthe 24 hour day.
(b)
Requirements. Large family child care homes are required to meet the rules containedin Section 81 through Section 97, except as otherwise provided in this Section.
(c)
Mobile homes. Large family child care homes operated in a mobile home arerequired to obtain an approved fire inspection by the state or local fire official prior to caring for children.
Family Child Care Homes 21Effective 7-1-10 (d)
Capacity. Large family child care homes are required to meet the rules found in Section 84(a), except the total number of children in care in a large family child carehome is limited to 12.
(e)
Supervision of outdoor play. Large family child care homes are required to meet the rules contained in Section 85(a)(3) pertaining to supervision of outdoor play, exceptwhen two or more staff are needed to meet the required child to staff ratio, at least one staff is present with children outdoors at all times.
(f)
Required number of caregivers. Large family child care homes are exempt from the requirements regarding the number of caregivers in Section 84(b) and (c). The number of caregivers required in a large family child care home is described in this subsection.
(1)
One caregiver. One caregiver may care for:
(A)
up to five children of any age;
(B)
up to six children, with no more than three children younger than two years of age;
(C)
up to seven children, with no more than two children younger than two years of age;
(D)
up to seven children, if the children are two years of age and older;
(E)
up to eight children, if the children are three years of age and older;
(F)
up to ten children, if the children are four years of age and older; or
(G)
up to 12 children, if the children are five years of age and older.
(2)
Two caregivers. Two caregivers may care for:
(A)
up to eight children younger than two years of age; or
(B)
up to twelve children, with no more than six children younger than two years of age.
(3)
Three caregivers. Three caregivers may care for up to twelve children, with no more than eight children younger than two years of age.
(g)
Qualifications of caregivers. Primary, assistant, and substitute caregivers at large family child care homes are required to meet the qualifications in Section 85(a) and (b), except as otherwise described in this subsection.
(1)
Primary caregiver. The primary caregiver or any person substituting for the primary caregiver must be at least 21 years of age. For any person applying after October 1, 2007, the primary caregiver must:
(A)
have six months of satisfactory experience as the primary caregiver in a licensed family child care home in Oklahoma; and
(B)
meet one of the requirements listed in (i) through (iv):
(i)
a high school diploma or General Educational Development (GED) and 12 college credit hours in child development or early childhood education;
(ii)
a vo-tech occupational child care program diploma;
(iii)
a Child Development Associate (CDA) credential; or
(iv)
an associate or bachelor degree in child development or early childhood education.
(2)
Assistant caregiver. The assistant caregiver or any person substituting for the assistant caregiver must be at least 16 years of age. Children are not left alone in the care of any person younger than 21 years of age.
(3)
Substitute caregiver. Any person substituting for the primary caregiver isrequired to be at least 21 years of age and have current documentation of cardiopulmonary resuscitation (CPR) and first aid training.
Family Child Care Homes 22Effective 7-1-10 (h)
Training requirements. The primary caregiver and assistant caregiver at large family child care homes are required to meet the training requirements outlined in Section 85(d), except as otherwise described in this subsection.
(1)
The primary caregiver is required to complete 15 clock hours of training annually.
(2)
The assistant caregiver is required to complete 12 clock hours of training annually.
(3)
No more than 6 hours of videos or individual job-related readings is counted toward the annual required training hours for the primary caregiveror assistant caregiver.
(4)
Within two years prior to license application, the primary caregiver must have completed and documented all health and safety training listed in Section 85(d)(3)(A) - (C).
(5)
The primary caregiver must have documentation of current completed training in CPR and first aid prior to issuance of the initial permit.
(6)
The assistant caregiver completes and documents all health and safety training listed in Section 85(d)(3)(A) - (C) within six months of employment. CPR and first aid training are completed before the assistant caregiver is left alone with children.
(i)
Outdoor play space. The requirements regarding outdoor play space found in Section 86(a)(12) must be met. The outdoor play space must be enclosed by a building or a fence that is in good repair, begins at ground level, and is at least four feet high.No exceptions are granted by OKDHS.
Family Child Care Homes 23Effective 7-1-10 SUPPLEMENT I
OKLAHOMA CHILD CARE FACILITIES LICENSING ACT
Oklahoma Statute 10 O.S. Section 401 through 418(Amended November 1, 2010)
Section 401 - Purpose and Policy - Minimum Standards
A.
Sections 401 through 418 of this title shall be known and may be cited as the "Oklahoma Child Care Facilities Licensing Act".
B.
It is the declared purpose and policy of the Oklahoma Child Care Facilities Licensing Act, to:
1.
Ensure maintenance of minimum standards for the care and protection of children away from their own homes;
2.
Encourage and assist the child care facility toward maximum standards; and
3.
Work for the development of sufficient and adequate services for child care through joint work of public, private and voluntary agencies. Whenever possible,child care facilities should help to preserve and restore family life for children.
C.
In order to provide care for children in child care facilities, a license shall be obtained from the Department of Human Services, which is issued on the basis of meeting minimum standards which are essential forthe health and welfare of the child orchildren placed for care with such agencies and individuals.
D.
The Child Care Facilities Licensing Division within the Department of Human Services shall work with representatives from municipalities to develop a single child care licensure procedure for use by state and local entities.
Section 402 - Definitions
As used in the Oklahoma Child Care Facilities Licensing Act:
1.
"Child" or "minor" means any person who has not attained the age of eighteen (18) years;
2.
“Child care center” means a facility which provides care and supervision for children andwhich operates for more than thirty (30) hours per week;
3.
"Child care facility" means any public or private child care residential facility, child-placing agency, foster family home, child care center, part-day child care program, school-age program, summer day camp, family child care home, or large family child care home providing either full-time or part-time care for children away from their own homes;
4.
"Child-placing agency" meansan agency that arranges for or places a child in a foster family home, adoptive home, or independent living program;
5.
"Foster family home" means the private residence of a family which provides fostercare services to a child, and includes a specialized foster home, a therapeutic foster family home, or a kinship care home;
6.
"Foster parent eligibility assessment" includes a criminal background investigation,including, but not limited to, a national criminal history records search based upon the
Family Child Care Homes 24Effective 7-1-10 SUPPLEMENT I
submission of fingerprints, a home assessment, and any other assessment required by the Department of Human Services, the Department of Juvenile Justice, or anychild-placing agency pursuant to the provisions of the Oklahoma Foster Care and Out-of-Home Placement Act. A foster parent eligibility assessment shall be similar tothe procedures used by the Department of Public Safety for determining suitability of an individual for employment as a highway patrol officer;
7.
“Commission” means the Commission for Human Services, the policymaking and general supervisory body of the Department;
8.
“Department” means the Department of Human Services;
9.
“Division” means the section within the Department that is assigned responsibilities pursuant to the provisions of the Oklahoma Child Care Facilities Licensing Act;
10.
"Family child care home" means a family home which provides care and supervision for seven or fewer children for part of the twenty-four-hour day. The term "family child care home" shall not include informal arrangements which parents make independently with neighbors, friends, and others, or with caretakers in the child's own home;
11.
“Full-time care” means continuous care given to a child beyond a minimum period oftwenty-four (24) hours;
12.
"Large family child care home" means a residential family home which provides care and supervision for eight to twelve children for part of the twenty-four-hour day;
13.
"Part-day child care program" means a facility that provides care and supervision forchildren and that operates for more than fifteen (15) and up to thirty (30) hours per week;and
14.
"Residential child care facility" means a twenty-four-hour residential facility where childrenlive together with or are supervised by adults who are not their parents or relatives.
Section 403 - Exemptions
A.
The provisions of the Oklahoma Child Care Facilities Licensing Act shall not apply to:
1.
Care provided in a child's own home or by relatives;
2.
Informal arrangements which parents make with friends or neighbors for the occasional care of their children;
3.
Programs in which school-aged children are participating in home-schooling;
4.
Programs that serve children three (3) years of age and older and that are operated during typical school hours by a public school district;
5.
Programs that serve children three (3) years of age and older and that are operated during typical school hours by a private school that offers elementary education in grades kindergarten through third grade;
6.
Summer youth camps for children who are at least five (5) years of age, that are accredited by a national standard-setting agency or church camp accreditation program;
7.
Programs in which children attend on a drop-in basis and parents are on the premises and readily accessible;
8.
A program of specialized activity or instruction for children that is not designed or intended for child care purposes including, but not limited to, scouts, 4-H clubs and summer resident youth camps, and single-activity programs such as academics, athletics, gymnastics, hobbies, art, music, dance and craft instruction;
Family Child Care Homes 25Effective 7-1-10 SUPPLEMENT I
9.
Any child care facility that provides care and supervision for fifteen (15) or fewerhours per week;
10.
Facilities whose primary purpose is medical treatment;
11.
Boarding schools that have education as their primary purpose and that are recognized as accredited by the State Board of Education. To be exempt, such programs shall:
a.
have classroom facilities that are not used for residential living,
b.
not have been granted nor have assumed legal custody of any child attending the facility, and
c.
adhere to standard educational holiday and seasonal recess periods to permit students reasonable opportunities to return to their primary places of residence with parents or legal guardians;
12.
Day treatment programs and maternity homes operated by a licensed hospital; or
13.
Juvenile facilities certified by the Office of Juvenile Affairs or certified by any other state agency authorized by law to license such facilities.
B.
The provisions of the Oklahoma Child Care Facilities Licensing Act shall be equallyincumbent upon all private and public child care facilities.
Section 404 - Minimum Requirements and Desirable Standards
A.
The Department of Human Services shall appoint advisory committees of representativesof child care facilities and others to prepare minimum requirements and desirablestandards for promulgation by the Commission for Human Services. Committee members shall be appointed for a three-year term, with a two-consecutive-term limit. A majority of any committee appointed to prepare requirements and standards for child care facilitiesshall be representatives of child care facilities.
B.
Child care facilities shall not allow children to be left alone in the care of any personunder eighteen (18) years of age.
C.
The Commission shall promulgate rules establishing minimum requirements and desirable standards as may be deemed necessary or advisable to carry out the provisions of the Oklahoma Child Care Facilities Licensing Act.
D.
Such rules shall not be promulgated until after consultation with the State Department of Health, the State Department of Education, the Oklahoma State Bureau of Investigation, the State Fire Marshal, and any other agency deemed necessary by the Commission. Not less than sixty (60) days’ notice, by regular mail,shall be given to all current licensees before any changes are made in such rules.
E.
In order to improve the standards of child care, the Department shall advise and cooperate with licensees, the governing bodies and staff of licensed child care facilities and assist the staff through advice of progressive methods and procedures,and suggestions for the improvement of services.
F.
The Department may participate in federal programs for child care services, and enter into agreements or plans on behalf of the state for that purpose, in accordance with federal laws and regulations.
Family Child Care Homes 26Effective 7-1-10 SUPPLEMENT I
Section 404.1 - Criminal History Records Search and Child Care Worker Registryfor Person Applying to Establish or Operate Child Care Facility
A.
1.
a.
Except as otherwise provided by subsection B of this section, prior to the issuance of a license, the Department of Human Services shall require a criminal history records search, conducted by the Oklahoma State Bureau of Investigation, and a records search of the Oklahoma child care worker registry established in Section 405.3 of this title for any person making application to establish or operate a child care facility.
b.
Prior to the issuance of a permit or license, the Department shall conduct a records search of the Oklahoma State Courts Network for any person making application to establish or operate a child care facility.
c.
Prior to the issuance of a permit or license, the Department shall conduct a records search of the Oklahoma State Courts Network for all employees and persons eighteen (18) years of age or older residing in a child care center, family child care home, large family child care home, part-day program, school-age program, or summer day camp.
2.
a.
Prior to the employment of any person in a child care facility, the facility shall submit to the Department of Human Services division responsible for child care licensing:
(1)
criminal history records search conducted by the Oklahoma State Bureau of Investigation,
(2)
documentation of a records search of the Oklahoma child care worker registry, and
(3)
a request for the Department to conduct a records search of the records of the Oklahoma State Courts Network.
b.
Hospitals contracting with the Oklahoma Health Care Authority and complying with the records searches required by this section shall be exempt from the requirementto submit such documentation to the Department. Documentation of records searches shall be maintained at the hospital and shall be available for review by the division of the Department responsible for child care licensing.
c.
Prior to allowing any person eighteen (18) years of age or older to reside in a child care center, family child care home, large family child care home, part-day program, school-age program, or summer day camp program, the facility shall submit to the Department of Human Services division responsible for child care licensing the following:
(1)
a criminal history records search conducted by the Oklahoma State Bureau of Investigation,
(2)
documentation of a records search of the Oklahoma child care workerregistry, and
(3)
a request for the Department to conduct a records search of the OklahomaState Courts Network.
3.
Once a facility has submitted an original document from the Oklahoma State Bureau of Investigation to the Department, a copy of that exact document shall be
Family Child Care Homes 27Effective 7-1-10 SUPPLEMENT I
sufficient to satisfy any further request for that document. The Department may promulgate rules regarding the electronic submission of required documents.
4.
If the following persons have lived in Oklahoma for less than three (3) years, a criminal history records search shall also be obtained from the authorized agency in the previous states of residence for:
a.
applicants for a license to operate a child care facility,
b.
employees of a child care facility, and
c.
persons age eighteen (18) years or older residing in a child care center, family child care home, large family child care home, part-day program, school-age program, or summer day-camp program.
5.
The Department of Juvenile Justice may directly request national criminal historyrecords searches as defined by Section 150.9 of Title 74 of the Oklahoma Statutes from the Oklahoma State Bureau of Investigation for the purpose of obtaining the national criminal history of any employee or applicant who has resided in Oklahoma for less than three (3) years for which a search is required.
B.
1.
a.
On and after September 1, 1998:
(1)
any child-placing agency contracting with a person for foster family home services or in any manner for services for the care and supervision of children shall also, prior to executing a contract, complete:
(a)
a foster parent eligibility assessment for the foster care provider except asotherwise provided by divisions 2 and 4 of this subparagraph, and
(b)
a national criminal history records search based upon submission of fingerprints for any adult residing in the foster family home through the Department of Human Services pursuant to the provisions of the Oklahoma Foster Care and Out-of-Home Placement Act, except as otherwise provided by divisions 2 and 4 of this subparagraph,
(2)
the child-placing agency may place a child pending completion of the national criminal history records search if the foster care provider and everyadult residing in the foster family home has resided in this state for at least five (5) years immediately preceding such placement,
(3)
a national criminal history records search based upon submission offingerprints to the Oklahoma State Bureau of Investigation shall also becompleted for any adult who subsequently moves into the foster family home,
(4)
provided, however, the Director of Human Services or the Director of the Department of Juvenile Justice, or a designee, may authorize an exception to thefingerprinting requirement for a person residing in the home who has a severephysical condition which precludes such person’s being fingerprinted, and
(5)
any child care facility contracting with any person for foster family homeservices shall request the Office of Juvenile Affairs to conduct a juvenile justice information system review, pursuant to the provisions of Sections7302-9.6 and 7302-3.8 of this title, for any child over the age of thirteen (13) years residing in the foster family home, other than a foster child, or who subsequently moves into the foster family home. As a condition of contract,the child care facility shall obtain the consent of the parent or legal guardian of the child for such review.
Family Child Care Homes 28Effective 7-1-10 SUPPLEMENT I
b.
The provisions of this paragraph shall not apply to foster care providers having a contract or contracting with a child-placing agency, the Department of Human Services or the Department of Juvenile Justice prior to September 1, 1998.Such existing foster care providers shall comply with the provisions of thissection, until otherwise provided by rules of the Commission for Human Services or by law.
2.
a.
(1)
On and after September 1, 1998, except as otherwise provided in divisions (2)and (4) of this subparagraph, prior to contracting with a foster family home for placement of any child who is in the custody of the Department of Human Services or the Department of Juvenile Justice, each Department shall complete a foster parent eligibility assessment, pursuant to the provisions ofthe Oklahoma Child Care Facilities Licensing Act, for such foster familyapplicant. In addition, except as otherwise provided by divisions (2) and (4) of this subparagraph, the Department shall complete a national criminal history records search based upon submission of fingerprints for any adult residing insuch foster family home.
(2)
The Department of Human Services and Department of Juvenile Justice may place a child pending completion of the national criminal history records search if the foster care provider and every adult residing in the foster family home has resided in this state for at least (5) years immediately preceding such placement.
(3)
A national criminal history records search based upon submission of fingerprints conducted by the Oklahoma State Bureau of Investigation shall also be completed for any adult who subsequently moves into the foster family home.
(4)
The Director of Human Services or the Director of the Department of Juvenile Justice or designee may authorize an exception to the fingerprinting requirement for any person residing in the home who has a severe physicalcondition which precludes such person’s being fingerprinted.
b.
The provisions of this paragraph shall not apply to foster care providers having a contract or contracting with a child-placing agency, the Department of Human Services or the Department of Juvenile Justice prior to September 1, 1998.Such existing foster care providers shall comply with the provisions of this section, until otherwise provided by rules of the Commission for Human Services or by law.
3.
Each Department shall provide for a juvenile justice information system review pursuant to Section 7302-3.8 of this title for any child over the age of thirteen (13) years residing in a foster family home, other than the foster child, or who subsequently moves into the foster family home.
C.
The Commission for Human Services or the Board of Juvenile Affairs shall promulgaterules to identify circumstances when a criminal history records search or foster parenteligibility assessment for an applicant or contractor, or any person over the age ofthirteen (13) years residing in a private residence in which a child carefacility is located, shall be expanded beyond the records search conducted by the OklahomaState Bureau of Investigation or as otherwise provided pursuant to this section.
Family Child Care Homes 29Effective 7-1-10 SUPPLEMENT I
D.
1.
The following persons shall not be required to obtain a criminal history records search or a national criminal history records search based upon submission of fingerprints pursuant to this section:
a.
a parent volunteer who transports children on an irregular basis, and
b.
a child residing in a child care center, family child care home, or large family child care home who became an adult during continuous residence at the licensed or approved facility.
2.
These exemptions shall not preclude the Department from requesting a criminal history records search or requesting a national criminal history records search based upon submission of fingerprints or investigating criminal, abusive or harmfulbehavior of such persons, if warranted.
E.
Except as otherwise provided by the Oklahoma Children's Code and subsection G of this section, a conviction for a crime shall not be an absolute bar to employment, but shall be considered in relation to specific employment duties and responsibilities.
F.
1.
Information received pursuant to this section by an owner or administrator of a child care facility shall be maintained in a confidential manner pursuant to applicable state or federal law.
2.
The information, along with any other information relevant to the ability of the individual to perform tasks that require direct contact with children, may be released to another child care facility in response to a request from the child care facility that is considering employing or contracting with the individual unlessdeemed confidential by state or federal law.
3.
Requirements for confidentiality and record keeping with regard to the information shall be the same for the child care facility receiving the information in response toa request as those provided for in paragraph 1 of this subsection for the child care facility releasing such information.
G.
1.
A criminal history records search conducted by the Oklahoma State Bureau ofInvestigation and a national criminal history records search based upon submission of fingerprints shall include a search of Department of Corrections' files maintained pursuant to the Sex Offenders Registration Act.
2.
a.
It shall be unlawful for any person who is required to register pursuant to the Sex Offenders Registration Act to work with or provide services to children or to reside in a child care facility and for any employer who offers or provides services to children to knowingly and willfully employ or contract with, or allow continued employment of or contracting with any person who is required to register pursuant to the Sex Offenders Registration Act. Any person required to register pursuant to the Sex Offenders Registration Act who violates any provision of this act shall, upon conviction, be guilty of a felony punishable byincarceration in a correctional facility for a period of not more than five (5) years and a fine of not more than Five Thousand Dollars ($5,000.00) or both such fine and imprisonment.
b.
Upon a determination by the Department of any violation of the provisions ofthis section, the violator shall be subject to and the Department may pursue:
(1)
an emergency order,
(2)
license revocation or denial,
(3)
injunctive proceedings,
Family Child Care Homes 30Effective 7-1-10 SUPPLEMENT I
(4)
an administrative penalty not to exceed Ten Thousand Dollars ($10,000.00), and
(5)
referral for criminal proceedings.
c.
In addition to the penalties specified by this section, the violator may be liable for civil damages.
Section 404.2 - Demarion’s Law
This act shall be known and may be cited as "Demarion’s Law".
Section 404.3 - Mandatory Liability Insurance Requirement for Child Care Facility
A.
A child care facility shall maintain liability insurance coverage of at least TwoHundred Thousand Dollars ($200,000.00) for each occurrence of negligence. An insurance policy or contract required under this section shall cover injury to a child due to negligence that occurs while the child is in the care of the child care facility.
B.
The Department of Human Services shall promulgate rules providing for a standard form to be signed and dated by an insurance agent licensed in this state stating that the child care facility has an unexpired and uncancelled insurance policy or contract of at least Two Hundred Thousand Dollars ($200,000.00) that meets the requirements of this section. This form shall be completed annually and shall be maintained by the child care facility. Upon request, the form shall be made availableto the Department to determine compliance with licensing requirements.
C.
Should the child care facility for financial reasons or for lack of availability of an underwriter willing to issue a policy be unable to secure the insurance required undersubsection A of this section, should the policy limits be exhausted, of if the child care facility reports self-insurance in accordance with state law the child care facility shall:
1.
Post a notice at the facility indicating the facility does not have liability insurance coverage pursuant to this section or reports self-insurance in accordance with state law; and
2.
Notify the Department that coverage is not provided or that the facility reports self-insurance according with state law.
D.
The Commission for Human Services shall promulgate rules providing for a standard form for the facility to post which indicates the facility does not carry liability insurance or reports self-insurance in accordance with state law. Inno case shall the inability to secure coverage serve to indemnify the child care facility due to negligence.
E.
The insurance policy or contract shall be maintained at all times in an amount asrequired by this section, except as provided for in subsection C of this section.
F.
The requirements for posting shall not apply to:
1.
Licensed child-placing agencies;
2.
Licensed residential child care facilities; or
3.
Department-certified child care facilities.
G.
The Commission may promulgate rules requiringliability insurance for facilities listedin subsection F of this section.
H.
Failure by a child care facility to comply with the provisions of this subsection is a ground for suspension or revocation of the child care facility license under the Oklahoma Child Care Facilities Licensing Act.
Family Child Care Homes 31Effective 7-1-10 SUPPLEMENT I
Section 405 - License and Permit Requirements for Child Care Facilities - Application – Issuance
A.
No child care facility may be operated or maintained in this state, unless licensed ortemporarily authorized by the Department of Human Services, except for the shelters certified by the Oklahoma Commission on Children and Youth pursuant to Section 601.3 of this title; provided, that the Department shall not be required to be licensed, but shall be bound by the standards it prescribes. No new child care facility may be established without the prior approval of the Department, which shall be granted only after the Department is satisfied that the facility will meet minimum standards for a license to operate.
B.
The Department shall not grant approval for a permit, or a license for a new child care facility to receive and care for children until:
1.
All requirements for searches of criminal history records and the child care workerregistry are met pursuant to subsection A of Section 404.1 of this title; and
2.
All required training including, but not limited to, cardiopulmonary resuscitation (CPR), first aid, health and safety training, and minimum education requirementspursuant to licensing requirements have been completed for any person left alone with children.
C.
The incorporation or domestication of a corporation organized for the purpose ofoperating a child care facility shall not exempt such corporation from compliance withthe provisions of this act.
D.
An application for a license shall be made on forms provided by the Department and in the manner prescribed. Temporary authorization may be granted to allow the Department to investigate the activities and standards of care of the applicant. The Department may issue a license once it is satisfied that the applicant meets the requirements as provided in this act. All licenses shall be in force unless revoked as authorized by Section 407 of this title.
Section 405.1 - Comprehensive Oklahoma State Plan for Child Care
A.
The Department of Human Services shall collaborate with other appropriate agenciesto develop a comprehensive Oklahoma state plan for child care.
B.
The comprehensive plan shall:
1.
Meet all requirements for child care state plans as periodically determined by the United States Department of Health and Human Services Administration for Children and Families Child Care Bureau; and
2.
Be submitted to the Speaker of the Oklahoma House of Representatives and the President Pro Tempore of the Senate on a biannual basis.
Family Child Care Homes 32Effective 7-1-10 SUPPLEMENT I
Section 405.2 - Public Online Database - Licensed Child Care Centers and Child Care Homes
A.
The Commission for Human Services shall promulgate rules to establish andmaintain an online database accessible to the public that contains information including, but not limited to:
1.
The name, address, and phone number of all licensed child care centers, and the name, city, state and zip code of all child care homes; and
2.
A summary of substantiated complaint records and inspection reports generated by the Department of Human Services.
B.
Child care licensing records and inspection reports shall be maintained by the facility and be posted or made available to the past, current, and prospective consumers pursuant to the licensing requirements promulgated by the Commission.
Section 405.3 - Public Online Database - Child Care Worker Registry
A.
On or before July 1, 2010, the Commission for Human Services shall promulgate rules to establish and maintain a child care worker registry, accessible to the publicthrough an on-line database, to address:
1.
A procedure for recording persons in the registry resulting from:
a.
a finding of abuse or neglect, as defined in Section 7102 of Title 10 of the Oklahoma Statutes, by a person when the abuse or neglect occurred to children while in the care of a child care facility,
b.
a revocation or denial of a child care facility license, and
c.
a specified criminal history of an individual, as defined by rules promulgated bythe Oklahoma Commission for Human Services;
2.
A procedure to provide notice and an opportunity for review prior to recording a person in the registry;
3.
Disclosure requirements for information in the registry; and
4.
A procedure to restrict licensure or employment in a child care facility of any person recorded in the child care worker registry.
B.
The child care worker registry shall include, but not be limited to:
1.
The full name of the individual;
2.
Information necessary to identify the individual; and
3.
The date the individual was recorded in the registry.
Section 406 - Investigations and Visitation
A.
The Department of Human Services shall have authority at any reasonable time to investigate and examine the conditions of any child care facility in which a licensee orapplicant hereunder receives and maintains children, and shall have authority at any time to require the facility to provide information pertaining to children in its care.
B.
1.
The State Department of Health may visit any licensee or applicant at the request of the Department to advise on matters affecting the health of children and to inspect the sanitation of the buildings used for their care.
Family Child Care Homes 33Effective 7-1-10 SUPPLEMENT I
2.
The State Fire Marshal may visit any licensee or applicant at the request of the Department to advise on matters affecting the safety of children and to inspect the condition of the buildings used for their care.
C.
1.
Upon receipt of a complaint against any child care facility alleging a violation of theprovisions of the Oklahoma Child Care Facilities Licensing Act, or any licensingstandard promulgated by the Commission for Human Services, the Department shall conduct a full investigation. If upon investigation, it is determined that there are reasonable grounds to believe that a facility is in violation of the Oklahoma Child Care Facilities Licensing Act or of any standard or rule promulgated pursuant thereto, the Department shall:
a.
document the complaint,
b.
provide the complaint allegations in writing to the facility involved and, upon written request by the child care facility, provide a summary of the facts used to evaluate the completed complaint, and
c.
document the facility’s plan for correcting any substantiated violations.
2.
If the Department determines there has been a violation and the violation has a direct impact on the health, safety or well-being of one or more of the children cared for by the facility, the Department shall notify the facility and requirecorrection of the violation.
3.
The Department shall notify the facility that failure to correct the confirmed violation can result in the revocation of the license, the denial of an application for a license, the issuance of an emergency order or the filing of an injunction pursuant to the provisions of Section 409 of this title.
4.
If the facility refuses to correct a violationor fails to complete the plan of correction, the Department may issue an emergency order, revoke the license, or deny the application for a license. Nothing in this section or Section 407 of this title shall be construed as preventing the Department from denying an application, revoking a license, or issuing an emergency order for a single violation of this act, or the rulesof the Commission for Human Services as provided in Section 404 of this title.
D.
Upon the completion of the investigation of a complaint against any child care facility alleging a violation ofthe provisions of the Oklahoma Child Care Facilities Licensing Act or any licensing standard promulgated thereto by the Commission, the Department shall clearly designate its findings on the first page of the report of the investigation.The findings shall state whether the complaint was substantiated or unsubstantiated.
E.
Information obtained by the Department or Oklahoma Child Care Services concerninga report of a violation of a licensing requirement, or from any licensee regardingchildren or their parents or other relatives shall be deemed confidential and privileged communications, shall be properly safeguarded, and shall not be accessible to anyone except as herein provided, unless upon order of a court of competent jurisdiction.Provided, however, this provision shall not prohibit the Department from providing a summary of allegations and findings of an investigation involving a child care facility that does not disclose identities but that permits parents to evaluate the facility.
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Section 406 .1 - Indian Tribal Child Care Facility Electing Licensure Under Oklahoma Child Care Facilities Licensing Act - Agreement for State Inspection
A.
If an Indian tribe in this state that operates a child care facility elects to apply for a license for the facility pursuant to the Oklahoma Child Care Facilities Licensing Act,the Department of Human Services, the State Department of Health, and the State Fire Marshal may enter into an agreement with the Indian tribe to allow the state to conduct any inspections of the facility necessary to comply with the licensing provisions of the Oklahoma Child Care Facilities Licensing Act.
B.
As part of the agreement authorizing the state to conduct inspections as provided inthis section, the state and the Indian tribe may agree to a payment of a fee by the Indian tribe to the state in an amount not to exceed the reasonable cost to the state to conduct the inspections.
Section 407 - Revocation or Denial of Issuance of License
A.
The Department of Human Services may revoke or deny issuance of the license of any child care facility found to be in violation of any provision of this act or the rules of the Commission for Human Services, as provided in Section 404 of this title.
B.
1.
No license shall be revoked or issuance denied unless and until such time as the licensee or applicant shall have been given at least thirty (30) days' notice in writing of the grounds of the proposed revocation or denial.
2.
At the time the facility is given notice in writing of the revocation or denial of alicense, the Department shall also advise parents of children attending the facilityand the child care resource and referral organization within one (1) business day of such action by verbal, electronic, or written notification and the posting of an announcement in the facility.
3.
If the revocation or denial is protested within thirty (30) days of receipt of notice, bywriting addressed to the Commission for Human Services, the Commission, or itsauthorized agency, shall conduct a hearing at which an opportunity shall be given to the licensee or applicant to present testimony and confront witnesses.
4.
Notice of the hearing shall be given to the licensee or applicant by personal service or by delivery to the proper address by certified mail, return receiptrequested, at least two (2) weeks prior to the date thereof.
5.
If notice of the proposed revocation or denial of a license is not protested, the license shall be revoked or denied.
C.
1.
Nothing in this section or Section 406 of this title shall be construed as preventing the Department from taking emergency action as provided by this subsection.
2.
For the purposes of this subsection, "emergency" means a situation that poses a direct and serious threat to the health, safety, or welfare of any child cared for bythe facility.
3.
Whenever the Department finds, after an investigation, that an emergency existsrequiring immediate action to protect the health, safety, or welfare of any child cared for by a facility licensed, authorized, or providing unlicensed care except as
Family Child Care Homes 35Effective 7-1-10 SUPPLEMENT I
exempted by the provisionsof the Oklahoma Child Care Facilities Licensing Act,the Department may without notice or hearing issue an emergency order stating the existence of such an emergency and requiring that such action be taken as itdeems necessary to meet the emergency including, when necessary, removing children from the facility and prohibiting the facility from providing services to children pending a hearing on the matter.
a.
An emergency order shall be effective immediately. Any person to whom an emergency order is directed shall comply with the emergency order immediatelybut, upon written request to the Department on or before the tenth day after receipt of the emergency order, shall be afforded a hearing on or before the tenth day after receipt of the request by the Department.
b.
On the basis of such hearing, the Department shall continue the order in effect, revoke it, or modify it.
c.
Any person aggrieved by the order continued after the hearing provided for in this subsection may appeal to the district court of the area affected within ten (10) days. The appeal when docketed shall have priority over all cases pending on the docket, except criminal cases.
D.
The Department shall establish a process to review the initial determination of the closure of a facility due to an emergency pursuant to the licensing requirements promulgated by the Commission.
E.
The Department shall continue to monitor any facility whose license has beenrevoked, denied, or who has had an emergency order issued for a period of thirty (30) days after the action becomes final.
F.
In addition to any other remedy authorized by this act, a CLEET-certified officer may issue a citation for a violation of any provision of this act or rules of the Commission for Human Services as provided in Section 404 of this title. The fine shall not be lessthan One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00)for every day the facility maintains and receives children after:
1.
An emergency order has been issued; or
2.
An application for a license has been denied or the license has been revoked.
G.
One-half (1/2) of the funds collected pursuant to subsection F of this section shall be deposited in the Quality of Care Development Fund established in Section 10 of this act and one-half (1/2) shall be retained by the law enforcement agency represented by the CLEET-certified officer.
Section 408 – Appeals
A.
Any licensee or applicant aggrieved by the decision of the Department of Human Services under Sections 405 or407 of this title may, within ten (10) days after the revocation or denial of the license, appeal to the district court of the county in which the child care facility is maintained and operated by filing with the clerk of the court a verified petition. Notice of such appeal shall be served on the Director of the Department within five (5) days of the date of its filing.
B.
The Department shall, within ten (10) days of the service of such notice, file with the clerk of such court a transcript of the proceedings had before it. The district court shall thereupon be vested with jurisdiction to review the proceedings of the
Family Child Care Homes 36Effective 7-1-10 SUPPLEMENT I
Department; provided that, if the Department prevails, the judgment of the districtcourt shall be that the decision of the Department be affirmed, and if the licensee orapplicant prevails, the judgment of the court shall be that the revocation be set aside or the license issued or renewed, as the case may be. Pending the hearing of the appeal, the action of the Department revoking or denying the license or the granting thereof shall be stayed; provided, after the filing of an appeal, the district court, upon application by the Department and after an appropriate hearing, may grant a restraining order to enforce the decision of the Department.
Section 409 - Injunction
Any person or child care facility may be enjoined from maintaining and operating suchfacility for violations of any provisions of this act by suit brought in the name of the state by the Attorney General of Oklahoma or by a county attorney.
Section 410 - Violations - Punishment
Any person or agent, representative, or officer of any child care facility who violates any of the provisions of he Oklahoma Child Care Facilities Licensing Act shall, upon conviction, be deemed guilty of a misdemeanor and punished in accordance with the provisions ofSection 10 of Title 21 of the Oklahoma Statutes. Whenever any agent, representative, orofficer of any child care facility shall be convicted under authority of this act, such conviction shall be sufficient ground for the revocation of the entity’s license.
Section 410.1 - Quality of Care Development Fund
There is established in the State Treasury a revolving fund to be known as the "Quality of Care Development Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all fines collected by the Department of Human Services pursuant to Section 407 of Title 10 of the Oklahoma Statutes and shall, in addition to any other monies made available for such purpose, be available to the Director solely to support the continued improvement of the child care facilities in this state. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.
Section 411 - Certificate of Immunization as Condition for Admission to Day Care Facility - Waiver
A.
No person, firm, corporation, partnership or other legal entity operating a day care center or day care home in this state shall cause or permit a minor child two (2) monthsof age or older to be admitted to such facility unless and until the parent, guardian, orother related person of such child presentscertification from a licensed physician orauthorized representative of any state or local department of public health that suchchild has received or will receive immunization at the medically appropriate timeagainst diphtheria, pertussis, tetanus, haemophilus influenzae type B (HIB), measles
Family Child Care Homes 37Effective 7-1-10 SUPPLEMENT I
(rubeola), rubella, hepatitis A, varicella, and poliomyelitis; or presents such certification that the child is likely to be immune as a result of the disease. Provided, however, that in the event the parent, guardian, or other person presenting a child for admission to a day care center or day care home certifies in writing that a family emergency exists, the requirement imposed by this section may be waived for a period not to exceed thirty (30) days. Such certification shall be made prior to the provision of care. No such waiver shall be knowingly permitted more than once for any child.
B.
The State Board of Health, by rule, may alter the list of immunizations required under this section after notice and hearing. Any change in the list of immunizations required shall be submitted to the next regular session of the Legislature and such change shall remain in force and effect unless and until a concurrent resolution of disapproval is passed. Hearings shall be conducted by the State Board of Health, or such officer, agents or employees as the State Board of Health may designate for that purpose. The State Board of Health shall give appropriate notice of the proposed change in the list of immunizations required and of the time and place for hearing. The change shall become effective on a date fixed by the State Board of Health. Any change in the list of immunizations required may be amended or repealed in the same manner as provided for its adoption. Proceedings pursuant to this subsection shall be governed by the Administrative Procedures Act.
Section 412 - Manner and Frequency of Immunizations - Enforcement of Act
A.
The immunizations required by this act, and the manner and frequency of their administration, as prescribed by the State Board of Health, shall conform to recognized standard medical practices in this state. The State Department of Healthshall supervise and secure the enforcement of the required immunization program.
B.
The Department of Human Services shall render reasonable assistance to the StateDepartment of Health in the enforcement of the provisions of this act. This assistance shall be in the form of revocation or denial of the license of any facility not in compliance with this act.
Section 413 - Exemptions
Any minor child, through his or her parent or guardian, may submit to the health authority charged with the enforcement of the immunization laws, a certificate of a licensed physician stating that the physical condition of the child is such that immunization would endanger the life or health of the child; or upon receipt of a written statement by the parent or guardian objecting to such immunizations because of religious or other reasons, then such child shall be exempt from the provisions of this act.
Section 414 - Administration of Immunizations - Persons Eligible - Indigent Persons
The immunizations shall be administered by, or under the direction of, a licensed physician, or by any local or state health department. If the parent or guardian is unableto pay, the State Department of Health shall provide, without charge, the immunization materials required by this act.
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Section 415 - Child with Reportable Contagious Disease to be Excluded from Day Care Facility
Any child afflicted with a reportable contagious disease shall be excluded from attending a day care center or day care home until such time as the period of communicability has elapsed as determined by a licensed physician or health department official. Such exclusion shall be reported to a local health department official.
Section 418 – Authority to obtain evidence – Administration of oaths
When conducting investigations of complaints as provided in this article, the Department of Public Welfare shall have the power to summon any person to appear and produce such books and papers as shall be designated in the summons, and to give testimony under oath concerning the matter and institution under investigation. The Department shall have the power to administer oaths to such persons as may be summoned and to enforce all such powers as are given to notaries public when they are taking depositions.
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WHAT IS CHILD ABUSE?
What is the Law?
Oklahoma statutes define child abuse as harm or threatened harm to a child’s health or welfare by a person responsible for the child. This includes non-accidental physical or mental injury, sexual abuse or neglect (10 O.S. Section 7102).

Physical abuse is non-accidental physical injury to a child.

Mental injury is an injury to a child’s psychological growth and development. It is caused by a chronic pattern of behaviors, such as belittling, humiliating and ridiculing a child.

Sexual abuse, in general terms, includes any sexual activity between an adult and a child for the purpose of sexually stimulating the adult, the child or others. Sexual abuse may also be committed by a person under the age of 18 when that person is either significantly older than the victim or is in a position of power or control over the child.

Neglect is the failure of the parent or caretaker to provide a child with basic needs such as food, clothing, shelter, medical care, protection and supervision.

Threatened harm means a substantial risk of harm to the child. It may include acts or expressions of intent to inflict actual harm presently or in the future.
Who must report?
Every person, private citizen or professional, who has reason to believe that a child has been abused, is mandated by law to promptly report suspected abuse. Failure to do so is a misdemeanor. A person making a report in good faith is immune from civil or criminal liability. The name of the reporter is kept confidential.
When to report?
A report should be made when there is reasonable cause to believe that a child has been abused or neglected or is in danger of being abused. A report of suspected abuse is a request for an investigation. Investigation of child abuse reports is the responsibility of Child Welfare workers and, when a crime may have been committed, law enforcement officials.
If other incidents of abuse occur after the initial report has been made, another report should be made.
How is abuse reported?
A report may be made to 24-hour statewide Child Abuse Hotline, 1-800-522-3511.
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MINIMUM IMMUNIZATION REQUIREMENTS
Section 411 of Title 10 of the Oklahoma Statutes mandates that children attending child care obtain, at the medically appropriate time, the following vaccines: DTaP (diphtheria, tetanus and pertussis vaccine), Hib vaccine (Haemophilus influenzae type B), PCV (pneumococcal vaccine) MMR (measles, mumps, rubella vaccine) Hepatitis A vaccine, Hepatitis B vaccine, Varicella (chickenpox) vaccine and IPV (inactivated polio vaccine). The Oklahoma State Board of Health’s recommended immunization schedule is found on the following page.
EXEMPTIONS FROM THE LAW
Exemptions from the immunization requirements are authorized in the law for medical,religious and personal reasons. Following is a summary of information concerning these exemptions, including procedures for their authorization.
Medical.
Section 413 of Title 10 of the Oklahoma Statutes states that any minor child, through his parent or guardian, may submit to the health authority charged with the enforcement of the required immunization program, a certificate signed by a licensed physician stating that the immunization would endanger the life or health of the child. The child would be exempt from the immunization.
Religious or Other.
Exemptions based on religious or other objections to immunizations are also allowed. The parent or guardian must present a signed written statement briefly summarizing his or her objections.
Personal.
Exemptions may a