COMMENT DUE DATE:
February 14, 2019
DATE:
January 15, 2019
Mitzi Lee, Child Care Services 405-521-2556
Dena Thayer, Programs Administrator 405-521-4326
Nancy Kelly, Policy Specialist 405-522-6703
RE:
APA WF 19-110B
The proposed policy is Permanent . This proposal is subject to Administrative Procedures Act
It is important that you provide your comments regarding the draft copy of policy by the comment due date.Comments are directed to STO.LegalServices.Policy@okdhs.org.The proposed policy is PERMANENT. This rules packet was submitted to the Governor on November 16, 2018 as emergency rules and was approved by the Governor on December 17, 2018.
A public hearing is scheduled for 10:00 a.m. on February 26, 2019, at DHS, Sequoyah Memorial Office Building, 2400 N. Lincoln Boulevard, Oklahoma City, Oklahoma 73105, Room C-48.Anyone who wants to speak must sign in at the door by 10:05 a.m.
SUBJECT:
CHAPTER 110. LICENSING SERVICES
Subchapter 1. General Provisions
Part 1. Licensing Services - Child Care
340:110-1-5 [AMENDED]
340:110-1-8.3 [AMENDED]
340:110-1-8.6 [AMENDED]
340:110-1-9 [AMENDED]
340:110-1-15 [AMENDED]
340:110-1-17 [AMENDED]
Part 3. Licensing Services-Residential Care and Agencies
340:110-1-54 [AMENDED]
Subchapter 3. Licensing Standards for Child Care Facilities
Part 15. Requirements for Child Care Centers, Day Camps, Drop-In Programs, Out-of-School Time Programs, Part-Day Programs and Programs for Sick Children
340:110-3-281.3 [AMENDED]
340:110-3-284.2 [AMENDED]
Subchapter 5. Requirements for Child-Placing Agencies
Part 9. Requirements for Child-Placing Agencies
340:110-5-30 [AMENDED]
340:110-5-59 [AMENDED]
340:110-5-61.1 [AMENDED]
(Reference WFs 18-15 and 19-110B)
SUMMARY:
Subchapter 1. General Provisions
Part 1. Licensing Services - Child Care
Oklahoma Administrative Code (OAC) 340:110-1-5 is amended to:(1) reflect SB 907 legislative mandates by including additional licensing exemptions for summer and after-school programs; and (2) align CCS terminology.
OAC 340:110-1-8.3 is amended to reflect legislative mandates of HB 2691 and 2692 by:(1) providing a two-year probationary process for master teachers to fulfill educational requirements; and (2) clarifying CCAC member participation on administrative review panel.Additional amendments include:(1) clarification for star certification denials when programs are on a consent agreement; and (2) CCS terminology alignment.
OAC 340:110-1-8.6 is amended to reflect legislative mandates of HB 2692 by referencing a two-year probationary process for master teachers to fulfill educational requirements.
OAC 340:110-1-9 is amended to reflect legislative mandates of HB 2692 by providing a two-year probationary process for master teachers to fulfill educational requirements.Additional amendments align CCS terminology.
OAC 340:110-1-15 is amended to reflect legislative mandates of HB 2524 by establishing an anonymous system for reporting and investigating retaliation complaints or grievances by a facility against DHS employees.Additional amendments align CCS terminology.
OAC 340:110-1-17 is amended to reflect legislative mandates of HB 2691 by requiring CCAC member designation for administrative review panel.Additional amendments align CCS terminology.
Part 3. Licensing Services – Residential Care and Agencies
OAC 340:110-1-54 is amended to reflect legislative mandates of HB 2524 by establishing an anonymous system for reporting and investigating retaliation complaints or grievances by a facility against DHS employees.Additional amendments align CCS terminology.
Subchapter 3. Licensing Standards for Child Care Facilities
Part 15. Requirements for Child Care Centers, Day Camps, Drop-In Programs, Out-of-School Time Programs, Part-Day Programs and Programs for Sick Children
OAC 340:110-3-281.3 is amended to reflect legislative mandates of HB 2692 in licensing requirements by providing a two-year probationary process for master teachers to fulfill educational requirements.Additional amendments align CCS terminology.
OAC 340:110-3-284.2 is amended to reflect legislative mandates of HB 2692 in licensing requirements by providing a two-year probationary process for master teachers to fulfill educational requirements.Additional amendments align CCS terminology.
Subchapter 5. Requirements for Child-Placing Agencies
Part 9. Requirements for Child-Placing Agencies
OAC 340:110-5-30 is amended to align child-placing agency licensing requirements with:(1) ICPC adoptive family assessments; and (2) CCS terminology.
OAC 340:110-5-59 is amended to align child-placing agency licensing requirements with:(1) CWS policy for number of children placed in a foster home; and (2) CCS terminology.
OAC 340:110-5-61.1 is amended to align child-placing agency licensing requirements with:(1) CWS policy for alternate care arrangements; and (2) CCS terminology.
PERMANENT APPROVAL:Permanent rulemaking approval is requested.This rules packet was submitted to the Governor on November 16, 2018 as emergency rules and was approved by the Governor on December 17, 2018.
LEGAL AUTHORITY:Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes (O.S. 56 § 162); 10 O.S. §§ 403, 404, 405.4, and 406 of the Oklahoma Child Care Facilities Licensing Act.
Rule Impact Statement
To:Programs administrator
Legal Services - Policy
From:Patrick Klein, Interim Director
Child Care Services
Date:December 14, 2018
Re: TITLE 340. DEPARTMENT OF HUMAN SERVICES
CHAPTER 110. LICENSING SERVICES
Subchapter 1. General Provisions
Part 1. Licensing Services - Child Care
340:110-1-5 [AMENDED]
340:110-1-8.3 [AMENDED]
340:110-1-8.6 [AMENDED]
340:110-1-9 [AMENDED]
340:110-1-15 [AMENDED]
340:110-1-17 [AMENDED]
Part 3. Licensing Services-Residential Care and Agencies
340:110-1-54 [AMENDED]
Subchapter 3. Licensing Standards for Child Care Facilities
Part 15. Requirements for Child Care Centers, Day Camps, Drop-In Programs, Out-of-School Time Programs, Part-Day Programs and Programs for Sick Children
340:110-3-281.3 [AMENDED]
340:110-3-284.2 [AMENDED]
Subchapter 5. Requirements for Child-Placing Agencies
Part 9. Requirements for Child-Placing Agencies
340:110-5-30 [AMENDED]
340:110-5-59 [AMENDED]
340:110-5-61.1 [AMENDED]
(Reference WF 18-15)
Contact: Mitzi Lee, Programs Manager, 405-521-2556
A.Brief description of the purpose of the proposed rule.
Purpose.
The emergency rules reflect amendments for compliance with legislative mandates as a result of the passage of Senate (SB) and House Bills (HB) during the 2018 Oklahoma legislative session.Amendments also include aligning child-placing agency licensing requirements with:(1) Child Welfare Services (CWS) rules for alternate care arrangements and the number of foster children placed in a foster home; and (2) Interstate Compact on the Placement of Children (ICPC) adoptive family assessments.
The passage of SB 907 amended the Oklahoma Child Care Facilities Licensing Act, Section 403 of Title 10 of the Oklahoma Statutes (10 O.S. § 403).Statutory amendments provide licensing exemptions for:(1) accredited or non-profit affiliated summer or after-school programs; and (2) facilities operating for less than 10 weeks annually.
The passage of HB 2524 amended the Oklahoma Child Care Facilities Licensing Act, 10 O.S. § 406.Statutory amendments establish an anonymous system for reporting and investigating retaliation complaints or grievances by a facility against Oklahoma Department of Human Services (DHS) employees.
The passage of HB 2691 amended the Oklahoma Child Care Facilities Licensing Act, 10 O.S. § 404.Statutory amendments require the Child Care Advisory Committee (CCAC) to designate two members to serve on the Child Care Services (CCS) Quality Rating and Improvement System (QRIS) administrative review panel.
The passage of HB 2692 amended the Oklahoma Child Care Facilities Licensing Act, 10 O.S. § 405.4.Statutory amendments provide for a two-year probationary period for master teachers to fulfill educational qualifications.
The proposed revisions to Chapter 110, Subchapter 1, Part 1 amend CCS policy to align with legislative mandates of SB 907 and HB 2524, 2691, and 2692 providing procedures for:(1) additional licensing exemptions for summer and after-school programs; (2) procedures for investigating complaints of retaliation or grievances by a facility against DHS employees; (3) two members of CCAC to serve on QRIS administrative review panel;and (4) providing a two-year probationary period for master teachers to fulfill educational qualifications.Licensed child care programs impacted by the proposed amendments include:(1) family child care homes; (2) child care centers; (3) day-camps; (4) drop-in programs; (5) out-of-school time programs; (6) part-day programs; and (7) programs for sick children.
The proposed revisions to Chapter 110, Subchapter 1, Part 3 amend CCS residential and child-placing policies aligning with HB 2524 legislative mandates providing procedures for investigating retaliation complaints or grievances by a facility against DHS employees.Licensed programs impacted by the proposed amendments include residential child care programs and child-placing agencies.
The proposed revisions to Chapter 110, Subchapter 3, Part 15 amend CCS licensing requirements for:(1) child care centers; (2) day-camps; (3) drop-in programs; (4) out-of-school time programs; (5) part-day programs; and (6) programs for sick children aligning with HB 2692 for a two-year probationary period for master teachers to fulfill educational qualifications.Licensed child care programs impacted by the proposed amendments include:(1) child care centers; (2) day-camps; (3) drop-in programs; (4) out-of-school time programs; (5) part-day programs; and (6) programs for sick children.
The proposed revisions to Chapter 110, Subchapter 5, Part 9 amend CCS child-placing agency licensing requirements to reflect:(1) CWS policy for alternate care arrangements and number of foster children placed in a foster home; and (2) ICPC adoptive family assessment requirements.Licensed child care programs impacted by the proposed amendments include child-placing agencies.
Strategic Plan Impact.
The proposed rule amendments achieve DHS goals by continuously improving systems and processes impacting licensed child care programs and child-placing agencies.
Substantive changes.
Subchapter 1. General Provisions
Part 1. Licensing Services - Child Care
Oklahoma Administrative Code (OAC) 340:110-1-5 is amended to:(1) reflect SB 907 legislative mandates by including additional licensing exemptions for summer and after-school programs; and (2) align CCS terminology.
OAC 340:110-1-8.3 is amended to reflect legislative mandates of HBs 2691 and 2692 by:(1) providing a two-year probationary process for master teachers to fulfill educational requirements; and (2) clarifying CCAC member participation on the administrative review panel.Additional amendments include:(1) clarification for star certification denials when programs are on a consent agreement; and (2) CCS terminology alignment.
OAC 340:110-1-8.6 is amended to reflect legislative mandates of HB 2692 by referencing a two-year probationary process for master teachers to fulfill educational requirements.
OAC 340:110-1-9 is amended to reflect legislative mandates of HB 2692 by providing a two-year probationary process for master teachers to fulfill educational requirements.Additional amendments align CCS terminology.
OAC 340:110-1-15 is amended to reflect legislative mandates of HB 2524 by establishing an anonymous system for reporting and investigating retaliation complaints or grievances by a facility against DHS employees.Additional amendments align CCS terminology.
OAC 340:110-1-17 is amended to reflect legislative mandates of HB 2691 by requiring CCAC member designation for administrative review panel.Additional amendments align CCS terminology.
Part 3. Licensing Services – Residential Care and Agencies
OAC 340:110-1-54 is amended to reflect legislative mandates of HB 2524 by establishing an anonymous system for reporting and investigating retaliation complaints or grievances by a facility against DHS employees.Additional amendments align CCS terminology.
Subchapter 3. Licensing Standards for Child Care Facilities
Part 15. Requirements for Child Care Centers, Day Camps, Drop-In Programs, Out-of-School Time Programs, Part-Day Programs, and Programs for Sick Children
OAC 340:110-3-281.3 is amended to reflect legislative mandates of HB 2692 in licensing requirements by providing a two-year probationary process for master teachers to fulfill educational requirements.Additional amendments align CCS terminology.
OAC 340:110-3-284.2 is amended to reflect legislative mandates of HB 2692 in licensing requirements by providing a two-year probationary process for master teachers to fulfill educational requirements.Additional amendments align CCS terminology.
Subchapter 5. Requirements for Child-Placing Agencies
Part 9. Requirements for Child-Placing Agencies
OAC 340:110-5-30 is amended to align child-placing agency licensing requirements with:(1) ICPC adoptive family assessments; and (2) CCS terminology.
OAC 340:110-5-59 is amended to align child-placing agency licensing requirements with:(1) CWS policy for the number of children placed in a foster home; and (2) CCS terminology.
OAC 340:110-5-61.1 is amended to align child-placing agency licensing requirements with:(1) CWS policy for alternate care arrangements; and (2) CCS terminology.
Reasons.
Chapter 110, Subchapter 1, Part 1:The proposed amendments address alignment of CCS child care policy and procedures with legislative mandates due to the passage of SB 907, and HBs 2524, 2691, and 2692.
Chapter 110, Subchapter 1, Part 3:The proposed amendments address alignment of CCS residential and child-placing agency policy and procedures with HB 2524.
Chapter 110, Subchapter 3, Part 15: The proposed amendments address alignment of CCS licensing requirements for child care centers, day camps, drop-in, out-of-school time, and part-day programs, and programs for sick children with legislative mandates for HB 2692.
Chapter 110, Subchapter 5, Part 9: The proposed amendments address alignment of licensing requirements for child-placing agencies with:(1) CWS policy for alternate care arrangements and the number of foster children placed in a foster home; and (2) ICPC adoptive family assessment requirements.
Repercussions.
Chapter 110, Subchapter 1, Part 1:The proposed amendments address alignment of CCS policy and procedures with legislative mandates due to the passage of SB 907, and HBs 2524, 2691, and 2692.Without amendments CCS policy would not:(1) comply with state statutes; (2) identify additional licensing exemptions; (3) address proper designation of CCAC members serving on the QRIS administrative review panel; (4) address a process for retaliation or grievances by a facility against DHS employees; and (5) address a probationary process for master teachers not fulfilling educational requirements.
Chapter 110, Subchapter 1, Part 3:The proposed amendments address alignment of CCS residential and child-placing agency policy and procedures with HB 2524.Without amendments CCS policy would not comply with state statutes to address a process for retaliation or grievances by a facility against DHS employees.
Chapter 110, Subchapter 3, Part 15: The proposed amendments address aligning licensing requirements for child care centers, day camps, drop-in, out-of-school time, and part-day programs, and programs for sick children with legislative mandates for HB 2692.Without amendments licensing requirements would not comply with state statutes to reflect a probationary period for master teachers to fulfill educational requirements.
Chapter 110, Subchapter 5, Part 9:The proposed amendments address aligning licensing requirements for child-placing agencies with:(1) CWS policy for alternate care arrangements and the number of foster children placed in a foster home; and (2) ICPC adoptive family assessment requirements.Without amendments:(1) licensing requirements would not reflect current CWS policy and ICPC adoptive family assessment requirements; and (2) placement of DHS foster children could be negatively impacted.
Legal authority.
Director of Human Services; O.S. 56 § 162; 10 O.S. §§ 403, 404, 405.4, and 406 of the Oklahoma Child Care Facilities Licensing Act.
Permanent rulemaking approval is requested. This rules packet was submitted to the Governor on November 16, 2018 as emergency rules and was approved by the Governor on December 17, 2018.
B.A description of the classes of persons who most likely will be affected by the proposed rule, including classes that will bear the costs of the proposed rule, and any information on cost impacts received by the Agency from any private or public entities:The classes of persons most likely to be affected by the proposed amendments are CCS staff, licensed family child care homes, child care centers, day-camps, drop-in programs, out-of-school time programs, part-day programs, programs for sick children, residential programs, child-placing agencies, and families and children utilizing child care.
C.A description of the classes of persons who will benefit from the proposed rule:The classes of persons most likely to benefit by the proposed amendments are CCS staff, licensed family child care homes, child care centers, day-camps, drop-in programs, out-of-school time programs, part-day programs, programs for sick children, residential programs, child-placing agencies, and families and children utilizing child care.
D.A description of the probable economic impact of the proposed rule upon the affected classes of persons or political subdivisions, including a listing of all fee changes and, whenever possible, a separate justification for each fee change:There is no anticipated economic impact of the proposed rules for family child care homes, child care centers, day-camps, drop-in programs, out-of-school time programs, part-day programs, programs for sick children, residential programs, and child-placing agencies.
E.The probable costs and benefits to the Agency and to any other agency of the implementation and enforcement of the proposed rule, the source of revenue to be used for implementation and enforcement of the proposed rule and any anticipated effect on state revenues, including a projected net loss or gain in such revenues if it can be projected by the Agency:Estimated costs associated with the amendments are:(1) $13,000 for printing and mailing of revised QRIS resource publications and licensing requirements for child care centers, day-camps, drop-in programs, out-of-school time programs, part-day programs, programs for sick children, and child-placing agencies; and (2) $11,000 for revisions to the licensing database and monitoring systems.Payment of the costs is provided through CCS federal funding of the Child Care Development Block Grant.
F.A determination whether implementation of the proposed rule will have an impact on any political subdivisions or require their cooperation in implementing or enforcing the rule:Proposed amendments provide amendments to CCS policy and licensing requirements for compliance with legislative mandates for SB 907 and HBs 2524, 2691, and 2692.
G.A determination whether implementation of the proposed rule will have an adverse economic effect on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act:There is no economic impact to licensed family child care homes, child care centers, day-camps, drop-in programs, out-of-school time programs, part-day programs, programs for sick children, residential programs, or child-placing agencies.
H.An explanation of the measures the Agency has taken to minimize compliance costs and a determination whether there are less costly or nonregulatory methods or less intrusive methods for achieving the purpose of the proposed rule:There are no less costly, non-regulatory, or less intrusive methods for achieving the purpose of the proposed amendments.
I.A determination of the effect of the proposed rule on the public health, safety, and environment and, if the proposed rule is designed to reduce significant risks to the public health, safety, and environment, an explanation of the nature of the risk and to what extent the proposed rule will reduce the risk:Implementation of the proposed amendments allow for CCS policy and licensing requirements to align with state statutes with legislative mandates for SB 907 and HBs 2524, 2691, and 2692.Amendments also align child-placing agency licensing requirements with ICPC and CWS policy regarding foster homes.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented:If the proposed amendments are not implemented, CCS will not be in compliance with legislative mandates for SB 907 and HBs 2524, 2691, and 2692.Child-placing agency licensing requirements will not align with ICPC and CWS policy.
K.The date the rule impact statement was prepared and, if modified, the date modified:Prepared October 17, 2018; modified December 14, 2018.
