340:110-1-9.5. Consent agreement
(a) Purpose. The Oklahoma Department of Human Services (OKDHS) may offer to enter into a consent agreement with a facility in lieu of license denial or revocation. If such action has already taken place, a consent agreement may be used during the appeal process if the facility comes into compliance with licensing requirements. The use of a consent agreement is not required prior to denying or revoking a license.
(b) Process. When the documented evidence reflects that the facility operator is unable or unwilling to comply with minimum requirements, the Oklahoma Child Care Services (OCCS) licensing staff discusses the use and terms of a consent agreement with the licensing supervisor. If the licensing regional programs manager and the statewide licensing coordinator or designee concur with this action, a meeting is scheduled with the operator. • 1
- (1) The operator is asked to provide the names and addresses of all children currently enrolled at the facility.
- (2) During the meeting, areas of non-compliance and the terms of the agreement are discussed. • 2 The meeting is documented on Form 07LC080E, Licensing Services Supplemental Information, and is signed by the operator, licensing staff, and any witness present. A copy is provided to the operator.
- (3) An agreement is written by the statewide licensing coordinator or designee. Terms and time frames of the agreement are based upon the nature and severity of the non-compliance. The agreement may include voluntary restrictions, such as a ban on future admissions of children to the facility, a restriction on the ages of children cared for in the facility, a reduction in the number of children attending the facility or the number of hours the facility may operate each day, specific staff training, drug testing, and medical or psychological evaluation. Time frames to initiate and conclude the terms of the agreement are established and may be extended upon approval of the statewide licensing coordinator or designee and the OKDHS Legal Division.
- (4) The operator is advised to prominently post a copy of the consent agreement in the child care facility. During the next monitoring visit, the licensing staff verifies that the consent agreement is posted. If it is not posted, the licensing staff documents it as a violation of the terms of the consent agreement.
- (5) The licensing staff mails a copy of the consent agreement, with a cover letter, to parents of children currently enrolled at the facility. Upon enrollment of new children, the facility must provide those names and addresses to licensing staff. Licensing staff mails a copy of the consent agreement and cover letter upon receipt of this information. If the operator has not provided children's names and addresses, the licensing staff records the information from the children's records during the next monitoring visit. • 3
(c) Violations of the terms of the consent agreement. Any violation of the terms of the consent agreement is considered grounds for proceeding with license revocation, denial, or refusal to renew. • 4
(d) Appeals. The child care facility is not entitled to an appeal of the terms of the consent agreement, as participation in the agreement is voluntary
1.The licensing supervisor is present at the meeting.The licensing regional programs manager is notified of the meeting and may be present.If notice of revocation or denial has been issued, the statewide licensing coordinator or designee is present.
2.Negotiations between the operator and licensing may occur prior to the office conference.The statewide licensing coordinator or designee determines the minimum terms that are acceptable to avoid negative sanctions, including the appropriate monitoring frequency plan.
3.(a) The licensing staff documents the consent agreement on the licensing database.
(b) When conducting monitoring visits while the consent agreement is in effect, the same witness accompanies the licensing staff whenever possible.
4.Any violation of the terms of the consent agreement is documented on Form 07LC080E, Licensing Services Supplemental Information.A copy is sent to the statewide licensing coordinator.