Library: Policy

340:110-1-6. Inquiries and request for license process

Revised 6-1-22

(a) Inquiries. Child care program, residential program, or child-placing agency license inquiries are referred to the appropriate Licensing staff. Licensing determines licensure necessity per, Oklahoma Child Care Facilities Licensing Act, Section 403 of Title 10 of the Oklahoma Statutes (10 O.S. § 403). Programs exempt from licensure may request licensure.

(b) Licensing exemptions. Program exemptions include (1) through (3) of this subsection.

(1) Tribal reservation, Indian country, and federal facilities. Facilities located on tribal reservations or in Indian country and federal child care facilities not requiring a state license that may request licensure are:

(A) on Indian tribal land; • 1

(B) licensed by a tribe, with a Child Care Services (CCS) cooperative Licensing agreement; and

(2) In-home caregiver. Adult and Family Services (AFS) Child Care Subsidy approves contracted child care when care is provided in the child's own home and no license is required.

(3) Additional exemptions. Programs not designed or intended for child care include: • 3

(A) programs operating less than 10 weeks annually;

(B) summer programs operating less than eight hours per day;

(C) programs serving children 3 years of age and older, offering elementary education in kindergarten through third grade;

(D) summer youth camps, summer programs, or after-school programs for children who are at least 4 years of age, accredited by a national standard-setting agency or church camp accreditation program or are accredited by, chartered by, or affiliated with a national non-profit organization;

(E) programs providing care and supervision for school-aged children only in a center-based program for 21 or fewer hours per week and located in a county with a population of less than 100,000, per the latest Federal Decennial Census; • 4

(F) programs where children are limited from enrolling in multiple sessions because of the type of activity or ages accepted;

(G) programs where children are not enrolled by the parents and free to come and go;

(H) child care facilities including family child care homes providing care and supervision for 15 or fewer hours per week;

(I) sponsors operating two or more programs in the same building when each operates 15 hours or less per week; and

(J) programs where children attend on a drop-in basis and parents are on the premises and readily accessible.

(c) Request for licensing information. When the inquirer indicates an interest in becoming licensed or licensure is required, Licensing staff:

(1) documents the name, address, phone number, and type of care the program is providing or planning to provide; and

(2) provides the inquirer with:

(A) the applicable Licensing requirements;

(B) appropriate request for license packet; and • 5

(C) referrals to other agencies involved in regulating child care facilities, such as the fire department, health department, and local city regulatory offices, when applicable; • 6

(3) follows procedures in Oklahoma Administrative Code (OAC) 340:110-1-13 or 340:110-1-54.1, when the program is currently providing child care, residential care, or child-placing activity. Licensing informs the inquirer not to provide child care, residential care, or child-placing activity without permission to operate from CCS, per (h) of this Section; and

(4) ascertains the inquirer's qualifications for program or agency operation.

(d) Request for license. When Form 07LC004E, Request for License - Child Care Program; or Form 07LC040E, Request for License Child-Placing Agency and Residential Child Care, is received, Licensing staff:

(1) verifies Form 07LC004E or Form 07LC040E is complete; • 7

(2) verifies proof of ownership is provided, per OKDHS Appendix L-7, Ownership Proof Chart; and • 8

(3) when appropriate, issues a permit within 45-calendar days or completes Form 07LC080E, Licensing Services Supplemental Information, documenting timeframe extension circumstances. • 9

(e) Incomplete request for license. An incomplete request for license is returned to the applicant. • 10

(f) Withdrawal of request for license. When an applicant:

(1) requests to withdraw the request for license request prior to initial permit issuance, Licensing staff:

(A) documents the withdrawal request on Form 07LC080E, Licensing Services Supplemental Information;

(B) confirms no children or residents are in care or no child-placing activity is conducted; and

(2) has not had children or residents in care or no child-placing activity for more than 12 months, the applicant is requested to withdraw the request for license. When the applicant:

(A) agrees to withdraw the request, Licensing staff:

(i) documents this discussion on Form 07LC080E;

(ii) provides a letter confirming the discussion and notifying the applicant of request for license withdrawal; and

(iii) proceeds with case closure; or

(B) does not agree to withdraw the request, Licensing staff:

(i) documents this discussion on Form 07LC080E;

(ii) provides a letter notifying the applicant of case closure within 10-calendar days of receipt of letter; and

(iii) proceeds with case closure. . • 11 & 12

(g) Application monitoring visit. Licensing staff conducts a monitoring visit to determine compliance with requirements. Licensing staff: • 13

(1) provides program consultation regarding quality care and quality rating and improvement (QRIS) criteria;

(2) discusses Oklahoma Human Service (OKDHS) subsidy contract opportunities and documents that contract information was provided to the applicant, when applicable; and • 14

(3) issues a permit, per OAC 340:110-1-8 or 340:110-1-46, when applicable.

(h) Permission to operate. The program may be granted permission to operate on application status when the Licensing staff determines an applicant is temporarily unable to comply with all Licensing requirements, but the services are needed and the non-compliance does not place children or residents at risk of imminent harm.

(1) These situations are discussed with the regional programs manager or programs manager.

(2) Permission to operate cannot exceed 30-calendar days. • 15

(3) When permission to operate is or was not granted, phone contact is made every two months and documented on Form 07LC080E, Licensing Services Supplemental Information.

(i) Primary caregiver and spouse license issuance. When requested, a license may be issued to a primary caregiver and his or her spouse. References are obtained for both individuals, and both must demonstrate requirement compliance. A primary caregiver must be identified and meet all primary caregiver requirements. • 16

(j) Alternative residence. Care may be provided in a location other than the primary caregiver's residence. • 17 through 19

(k) Reopening a family child care home. When a family child care home was closed for less than 12 months and had a record of compliance prior to closure, Licensing staff obtains a new Form 07LC004E, Request for License - Child Care Program, and may recommend license issuance after one compliant monitoring visit. Previous references are utilized. Prior to license issuance, background investigations are conducted, per OAC 340:110-1-8.1.

(l) Reopening a child care center, day camp, drop-in, out-of-school time, part-day program, or program for sick children. When a program was closed and the same owner requests to reopen, a new Form 07LC004E, Request for License - Child Care Program, is completed. • 20

(1) Fire and health inspections completed within the last 12 months, are utilized unless concerns exist.

(2) When the program was closed less than 12 months:

(A) previously obtained director references are utilized;

(B) background investigations are conducted, per OAC 340:110-1-8.1; and

(C) with a record of compliance prior to closure, Licensing staff may recommend license issuance after one compliant monitoring visit.

(m) Reopening a residential program or child-placing agency. When a residential program or child-placing agency was closed and the same owner requests to reopen, a new Form 07LC040E, Request for License Child-Placing Agency and Residential Child Care, is completed. • 20

(1) Fire and health inspections completed within the last 12 months, are utilized unless concerns exist.

(2) When the program was closed less than 12 months:

(A) background investigations are conducted, per OAC 340:110-1-8.1; and

(B) with a record of compliance prior to closure, the Licensing staff may recommend license issuance after one compliant monitoring visit.

(n) Family child care homes approved to provide foster care. A primary caregiver approved to provide foster care may be licensed as a family child care home. The primary caregiver cannot be licensed when approved for therapeutic foster care, per OAC 340:75-7-19. The approval for dual service is made by the Licensing supervisor prior to each child placement, based on the recommendation of Licensing staff and OKDHS foster care staff. Licensing staff completes Form 07LC099E, Dual Approval Request for Foster Care Placement. When a joint consensus is not achieved, either division may request a review by the dual approval committee for a final decision. • 21 The decision for approval is:

(1) based on the number, ages, and children's specific needs potentially eligible for child care and foster care and a written agreement from the primary caregiver stating the individual(s) from whom the child was removed will not be present during the child care hours;

(2) documented in the case record; and

(3) reviewed with the primary caregiver and foster care worker at least once every 12 months or when concerns exist.

INSTRUCTIONS TO STAFF 340:110-1-6

Revised 6-1-22

1. The sheriff's office or tribal realty offices may assist with identifying Indian tribal land boundaries.

2. Military base facilities may obtain a child care subsidy contract; however, they must be a two-star level or higher. Quality Rating and Improvement System (QRIS) staff coordinates with Adult and Family Services (AFS) Child Care Subsidy. These facilities receive a license number unique to this circumstance.

3. (a) Home schooling is considered a private school and is exempt, including children 3 through 5 years of age. When licensed and home schooling are only parts of the program, all requirements must be met, including capacity. Home schooling of the caregiver's children or others, during child care hours is not considered other employment.

(b) An out-of-school time program operating two hours per day after school, during school holidays, or parent teacher conferences, but not during the summer months is exempt.

4. (a) For exemption, all definition criteria and (1) and (2) of this subsection are met.

(1) A school-age child is defined as a child, 3 years of age and older, attending or having completed pre-kindergarten or above.

(2) The program only cares for school-age children in a center-based environment. This exemption does not apply to family child care homes or center-based programs caring for school-age children, as well as other ages.

(b) Licensing verifies county population through the Federal Decennial Census website.

5. Child Care Services (CCS) application packets are provided to applicants. Residential programs and child-placing agencies are provided:

(a) Form 07LC040E, Request for License Child-Placing Agency and Residential Child Care;

(b) Form 07LC041E, Personnel Information;

(c) Form 07LC043E, Child Placing Agency Compliance Review, or Form 07LC056E, Compliance Review-Residential Child Care Facility, as applicable; and

(4) Appendix L-7, Ownership Proof Chart.

6. Licensing is not responsible for local ordinance knowledge or enforcement and refers programs to local officials for specific ordinance information. Referrals are documented on the monitoring summary during the application monitoring visit or on Form 07LC080E, Licensing Services Supplemental Information.

7. (a) Licensing staff enters information in the Licensing database, including a monitoring frequency plan of six and obtains a case number. A request for license is considered complete when:

(1) necessary information is complete on Form 07LC004E, Request for License - Child Care Program; and

(2) supporting documentation is provided.

(b) Licensing staff verifies family child care home applicants' identification by observing photo identification. A photo identification copy is requested and placed in the case file with confidential information purged.

(c) For a family child care home sole proprietor, the license reflects the primary caregiver's legal name as it appears and is verified by Licensing on the primary caregiver's Social Security card.

(d) When child care centers, day camps, drop-in, out-of-school time, part-day programs, or programs for sick children operate in multiple buildings, (1) through (3) of this subsection apply.

(1) Licensing staff consults with the supervisor for separate license issuance based on:

(A) building proximity;

(B) street traffic;

(C) playground accessibility; and

(D) director responsibility.

(2) When one license is issued for multiple buildings:

(A) license capacity is determined for each building by computing square footage and toilet/sink ratios per building; and

(B) required posted items are displayed in each building, per applicable Licensing requirements.

(3) Programs currently licensed do not require license issuance changes.

8. An individual may own more than one family child care home. Each home may be identified as a different ownership type, such as sole proprietor for one home and limited liability company for another home.

9. Licensing staff:

(1) for child care programs and family child care homes documents pending request for license and consults with the:

(A) supervisor when pending request for license exceeds 45-calendar days;

(B) regional program manager when pending request for license exceeds 60-calendar days; and

(C) assistant licensing coordinator when pending request for license exceeds 90-calendar days; and

(2) utilizes standardized applicant notification correspondence, when applicable: or

(3) for residential or child-placing agencies documents when pending request for license exceeds 45-calendar days and consults with the program manager for appropriate action.

10. Licensing staff utilizes applicable standardized applicant notification correspondence.

11. When a withdrawal is requested, Licensing staff provides a copy of Form 07LC004E, Request for License - Child Care Program, or Form 07LC040E, Request for License Child-Placing Agency and Residential Child Care, to the program or agency and the original is maintained in the case file.

12. When a request for license cannot be approved, due to a program not meeting Licensing requirements, Licensing staff discusses the withdrawal request with the program or agency. When a program or agency declines to withdraw, Licensing staff consults the supervisor or program manager. Written request from the program or agency for withdrawal is not required; however, in a letter or on Form 07LC080E, Licensing Services Supplemental Information, Licensing staff documents:

(A) specific Licensing requirements not met;

(B) Licensing's request for the withdrawal; and

(C) the program's or agency's response to the withdrawal request.

13. Residential and child-placing agency Licensing staff schedule a visit to measure the square footage, draw a floor plan, and determine the licensed capacity. When the program or child-placing agency does not begin operating within six months, Licensing staff contacts the program or child-placing agency regarding application status. A monitoring frequency plan of six is entered in the database.

14. AFS provides claims process training and may offer a program contract.

15. Licensing staff conducts an Oklahoma Human Services (OKDHS) database search for prior involvement with OKDHS on required individuals prior to permission to operate. A monitoring frequency plan of 12 is entered in the Licensing database.

16. When the license is issued to a primary caregiver and spouse, it is not required both caregivers be present and providing care at all times, unless two adults are needed for the required adult-child ratio.

17. When care is provided in a structure on the same property as the primary caregiver's residence, an alternative compliance is not required. When part of the main residence is used for child care, the monitoring visit includes the main residence.

18. When a primary caregiver requests to provide care in a location that is not a residential family home, an alternative method of compliance is requested.

19. When a primary caregiver requests to provide care in a residential family home other than the primary caregiver's residence, an alternative method of compliance is not required, and the procedures in (1) through (7) of this Instruction apply.

(1) The primary caregiver provides Form 07LC004E, Request for License - Child Care Program, indicating the care location and the primary caregiver's permanent resident address.

(A) Household members residing at the care location are documented on Form 07LC004E, Request for License - Child Care Program, and all adults are required to sign. The primary caregiver's spouse residing at the primary caregiver's residence is not required to sign Form 07LC004E.

(B) When the spouse's signature is obtained, an OKDHS computer search identifying prior OKDHS involvement is completed.

(C) When the request for license is an address change for an existing license; refer to Oklahoma Administrative Code (OAC) 340:110-1-9(f).

(2) Licensing staff documents an explanation of this alternative care arrangement on Form 07LC080E, Licensing Services Supplemental Information.

(3) The primary caregiver signs an agreement stating child care will not be provided at the primary caregiver's residence.

(4) Documentation of criminal background searches is obtained on all adults residing in the home where child care is provided and on other adults having access to children in care on a regular basis.

(5) Children 12 years of age and younger not living in the home where care is provided are counted in the capacity when present during the hours of child care.

(6) When the family child care home is also approved for foster care, dual approval procedures, per OAC 340:110-1-6(g) apply.

(7) Overnight care is not approved in a residence other than the primary caregiver's permanent residence.

20. (a) When the location and the ownership remain the same, the same case number is utilized. The case file and database reflect program closure and reopening.

(b) When a day camp utilizes an outdoor remote location during summer and an indoor location during winter and spring, Licensing staff:

(1) closes and reopens the case when the indoor location is not the alternate site during summer; and

(2) does not close and reopen the case when the indoor location is the alternate site for inclement weather during the summer. However, a monitoring visit is conducted and a fire inspection required.

21. The dual approval committee consists of State Office representatives from Child Welfare Services, AFS, and CCS.