Library: Policy

340:110-3-400. Community Hope Centers

Revised 6-1-22

(a) Program definition. Community hope centers are programs operating more than 15 hours per week, serving children and youth 5 through 17 years of age. Programs provide access to mental health professionals and resources meeting children's and youths' social and emotional well-being, the science of hope, and connections to additional community resources for families.

(b) Request for license. Programs complete Form 07LC004E, Request for License-Child Care Program.

(1) The program is inspected and approved by Oklahoma Human Services (OKDHS) Child Care Services (CCS), per Oklahoma Administrative Code (OAC) 340:110-3-400 (a) through (u).

(2) A fire inspection and approval is required.

(3) An Oklahoma State Department of Health (OSDH) inspection and approval is required when meals are prepared and served.

(d) Personnel qualifications. Personnel meet qualifications in (1) through (3) of this subsection.

(1) Program or site director. Program or site directors are at least 21 years of age and responsible for the day-to-day program operation. Program or site directors meet one of the educational and experience qualifications in (A) and (B) of this paragraph. Program or site directors:

(A) have obtained a bachelor's degree from an accredited college or university with at least nine-college credit hours in family focus, child or youth development, sociology, social work, or a closely related subject, and six months children's and youth's services experience; or

(B) in lieu of a bachelor's degree have five years of experience in children's or youth's services; including care of children or youth with complex emotional needs and daily program operations.

(2) Personnel meeting staff child and youth ratio. Personnel possess adequate education, professional development, and experience to perform the position's essential functions. Personnel are at least 18 years of age and have a high school diploma or General Education Development (GED).

(3) Personnel in charge. Program personnel left alone with children or youth must meet personnel qualifications, be at least 21 years of age, and have a good understanding of licensing requirements and program policy.

(e) Background investigations. Background investigation requirements are met.

(1) Required individuals. Background investigations are required, per Section 401 et seq. of Title 10 of the Oklahoma Statutes (10 O.S. §§ 401 et seq.), Oklahoma Child Care Facilities Licensing Act (Licensing Act), unless an exception, per (3) of this subsection applies for:

(A) owners, prior to authorization to operate;

(B) responsible entities, prior to authorization to operate and, when there is a change in responsible entity;

(i) the program has submitted a criminal history review request to the Office of Background Investigations (OBI);

(ii) only awaiting the national criminal history records search, based on fingerprint submission;

(iii) criminal history review results from OBI are received by the program. However, until complete results are received, the individual does not have unsupervised access to children or youth; and

(iv) coming from another licensed program owned by the same business entity. Individuals are not required to repeat the background investigation process, unless required, per (2) of this subsection, with the exception of criminal history restriction waivers, provided there is no break in employment from the business entity; and

(D) individuals with unsupervised access to children and youth, prior to having access to children and youth, unless an exception per (3) of the subsection applies;

(E) adults living in the facility, prior to authorization to operate or moving into the facility of an existing program. This includes children and youth, who become 18 years of age while living in the facility; and

(F) individuals having access to, or review of, fingerprint results, prior to access to or review of results.

(2) Resubmission of criminal history reviews as of November 2, 2017. Effective November 2, 2017, programs request a criminal history review process, excluding fingerprinting, for required individuals every five years. However, criminal history reviews requested prior to November 2, 2017, are resubmitted by November 1, 2022.

(3) Non-required individuals. Background investigations are not required for:

(A) specialized service professionals who are not program personnel, parent releases are signed and dated with an indication of understanding unsupervised access prior to children or youth seeing each professional.

(B) volunteer drivers transporting children or youth on an irregular basis and not filling another position, parent releases are signed and dated with an indication of understanding unsupervised access prior to children or youth having access to each volunteer driver;

(D) contracted non-personnel not having unsupervised access to children or youth, such as when the program contracts for special activities or facility repair.

(4) Restricted Registry. The program conducts an online search of the Restricted Registry, also known as Joshua's List, when required, per (1) of this subsection.

(A) Non-registrants. Non-registrants are individuals not recorded on the Restricted Registry.

(B) Registrants. Registrants are individuals recorded on the Restricted Registry, who are prohibited from licensure, ownership, employment, unsupervised access to children or youth, or residence in a facility, or program licensed, certified, operated or contracted with by the Department or the Office of Juvenile Affairs, and prohibited individuals, per (8) of this subsection.

(5) Criminal history. The program and required individuals complete the criminal history review process. The program receives the completed criminal history review results from OBI when required, per (1) of this subsection.

(A) Criminal history prohibitions. Individuals with criminal history prohibitions are prohibited, per (8) of this subsection. Criminal history prohibitions include:

(i) required registration under the:

(I) Sex Offenders Registration Act, including state and national repositories; or

(II) Mary Rippy Violent Crime Offenders Registration Act; or

(ii) pleas of guilty or nolo contendere (no contest), or convictions of felonies involving:

(I) murder, as defined in Section 1111 of Title 18 of United States Code;

(II) child or youth neglect or abuse;

(III) crimes against children and youth, including child and youth pornography;

(IV) spousal abuse;

(V) crimes involving rape or sexual assault;

(VI) kidnapping;

(VII) arson;

(VIII) physical assault or battery; or

(IX) a drug-related offense committed during the preceding five years, unless a criminal history restriction waiver, per (6) of this subsection is granted; or

(iii) pleas of guilty or nolo contendere (no contest), or convictions of violent misdemeanors committed as adults against a child or youth involving:

(I) child or youth abuse or child or youth endangerment; or

(II) sexual assault; or

(iv) pleas of guilty or nolo contendere (no contest), or convictions of misdemeanors involving child or youth pornography; or

(v) when an individual:

(I) refuses to consent to background investigations, per (1) of this subsection; or

(II) knowingly makes a materially-false statement in connection with criminal background investigations.

(B) Criminal history restrictions. Individuals with criminal history restrictions are prohibited, per (8) of this subsection, unless a criminal history restriction waiver is granted. Criminal history restrictions include pending charges, pleas of guilty or nolo contendere (no contest), or convictions of criminal activity involving:

(i) gross irresponsibility or disregard for the safety of others;

(ii) violence against an individual;

(iii) sexual misconduct;

(iv) child and youth abuse or neglect;

(v) animal cruelty;

(vi) illegal drug possession, sale, or distribution; or

(vii) a pattern of criminal activity.

(6) Criminal history restriction waivers. Restriction waivers are described in (A) through (D) of this paragraph.

(A) Restriction waivers may be requested for individuals having criminal history restrictions. The owner, responsible entity, or director completes requests on an OKDHS-provided form.

(B) Restriction waivers are not requested or granted for:

(i) Restricted Registry registrants;

(ii) individuals with criminal history prohibitions; or

(iii) individuals whose sentence has not expired for criminal history restrictions.

(D) Granted criminal history restriction waiver notifications are maintained at the facility.

(7) References. The program obtains at least three, non-relative references prior to hiring personnel applicants, with at least two references from the most recent employers, when applicable.

(8) Prohibited individuals. Prohibitions are described in (A) through (F) of this paragraph.

(A) Background investigation of required individuals. The program does not allow a required individual to be the owner or responsible entity, to be employed, to live in the facility, or have:

(i) access to children and youth, such as being present at the facility during the hours of operation or present with the children or youth in care while off-site, when the individual has:

(I) criminal history prohibitions;

(II) criminal history restrictions, unless a criminal history restriction waiver is granted. Individuals identified in a pending or denied restriction waiver request are prohibited; or

(III) a substantiated heinous and shocking abuse finding; or

(ii) unsupervised access to children or youth, when the individual is a Restricted Registry registrant.

(B) Background investigation of drivers. In addition to (A) of this paragraph, the program does not allow an individual who is required to obtain a background investigation to transport children or youth when the individual has entered a plea of guilty or nolo contendere (no contest), or been convicted of driving under the influence of alcohol or drugs or another impaired driving offense within the last five years.

(C) Background of any individual. The program does not allow any individual to have access to children and youth, such as being present at the facility during the hours of operation or present with the children and youth in care while off-site, when the program is aware the individual has criminal history prohibitions, per (5) of this subsection. However individuals may drop-off and pick-up children and youth in care.

(D) Behavior or health of any individual. The program does not allow any individual to have access to children and youth or live in the facility when the individual's behavior or health could endanger the health, safety, or well-being of children and youth.

(E) Health of food service personnel. In addition to (A) and (D) of this paragraph, the program does not allow any individual to work in any capacity in any area of food service whose health could endanger the health, safety, or well-being of children and youth, including communicable disease and infestation symptoms, other than head lice.

(F) Treating medical personnel statement. When it is reported or observed an individual has a physical, mental, or emotional condition that may negatively impact the children and youth or impair individual's ability to perform his or her assigned job responsibilities, the program may be required to submit a treating medical personnel statement to Licensing.

(f) Personnel forms. All program personnel, including program and site directors, complete an OKDHS-provided personnel form.

(g) Responsibilities. Personnel meet the general responsibility requirements in (1) through (2) of this subsection.

(1) Complying with requirements. Personnel comply with the requirements.

(2) Caring for and educating children and youth. Personnel:

(A) individualize the care and learning opportunities to meet each child's or youth's needs based upon the child's or youth's age and abilities, including reviewing the information provided by parents while respecting confidentiality;

(B) recognize and act to correct hazards to physical safety, both indoors and outdoors;

(C) demonstrate good judgment as evidenced by prudent and responsible behavior that reasonably ensures the health and safety of children and youth;

(D) demonstrate realistic expectations for behavior based on the age, abilities, and needs of children and youth; and

(E) work with children and youth without physical, psychological, or emotional punishment, mistreatment, or abuse.

(h) Professional development. Personnel meet professional development requirements in (1) through (5) of this subsection.

(1) All program personnel, including program and site directors, obtain an OKDHS- approved orientation, online video within one week of employment and prior to having sole responsibility of children or youth.

(2) At least one personnel is present in each building where children or youth are in care, off-site, or in vehicles during transportation; with current, age-appropriate cardio-pulmonary resuscitation and first aid (CPR/FA). When personnel do not currently have CPR/FA, obtaining at least online CPR/FA training is required.

(3) All program personnel, including program and site directors, receive Science of Hope training.

(4) At least one person per site is certified as a Hope Navigator.

(5) All program personnel, including program and site directors, obtain job-related professional development annually that includes health and safety topics as well as emergency preparedness. Documentation is maintained on-site and includes the topic, training source, length of training, and date received. Topics include:

(A) prevention and control of infectious disease;

(B) administration of medication, consistent with standards for parental consent;

(D) appropriate precautions in transporting children, when applicable;

(E) building and physical premises safety; including identification of, and protection from, hazards, bodies of water, and vehicular traffic;

(F) emergency preparedness and response planning for emergencies resulting from a natural disaster, or a man-caused event, such as violence at the facility, within the meaning of those terms, per Section 602(a)(1) of the Robert T. Stafford Disaster Relief And Emergency Assistance Act, per Section 5195a(a)(1) of Title 42 of the United States Code, that includes procedures for evacuation, relocation, shelter-in-place and lockdown, personnel and volunteer emergency continuity of operations and, accommodation of children and youth with disabilities and chronic medical conditions;

(G) handling and storage of hazardous materials and appropriate disposal of bio contaminants;

(H) age appropriate CPR/FA; and

(I) recognition and reporting of child abuse and neglect, per (j) of this Section.

(i) Child and youth records. Programs maintain child and youth information on an OKDHS-provided form.

(j) Reporting. Programs meet reporting requirements in (1) through (3) of this subsection.

(1) Licensing. The owner, responsible entity, or program or site director notifies Licensing by the next OKDHS-business day of:

(A) a known legal action, such as a Victim Protection Order, arrest, or criminal investigation or charge, involving the program, owner, responsible entity, personnel, or an individual living in the facility;

(B) a known child or youth neglect or abuse investigation involving the owner, responsible entity, personnel, or an individual living in the facility that is pending or has a disposition;

(D) facility damage affecting the amount of usable square footage or compliance with requirements;

(E) an incident that exposes children or youth to an imminent risk of harm, such as a child or youth leaving the facility without program knowledge, or being left alone on- or off-site or in a vehicle;

(F) an animal bite to an individual that occurs on-site at any time or off-site when participating in program activities;

(G) an accident involving transportation, unless there were no injuries and only minor damage to the vehicles;

(H) a child or youth injury requiring emergency medical attention; and

(I) a child or youth death or near death, occurring while in care.

(2) Child or youth abuse and neglect and human trafficking.

(A) Abuse and neglect. Any person who has reason to believe a child or youth has been abused or neglected, per 10A O.S. § 1-1-105, is required to report the matter promptly to the OKDHS Child Abuse and Neglect Hotline at 1-800-522-3511, per 10A O.S. § 1-2-101. Failure to report is a misdemeanor offense and, upon conviction, is punishable by law. Failure to report with prolonged knowledge, six months or more, of ongoing abuse or neglect is a felony offense.

(B) Human trafficking. Per 21 O.S. § 870, every person having reason to believe that a person or child-placing agency is engaging in the crime of trafficking in children or youth, as described in 21 O.S. § 866, reports the matter promptly to the Oklahoma Bureau of Narcotics and Dangerous Drugs Control.

(3) Heinous and shocking abuse notification. OKDHS notifies programs of a substantiated finding of heinous and shocking abuse by a person responsible for a child's health, safety, or welfare, as defined, per 10A O.S. § 1-1-105. Upon receiving the notice, the facility owner or primary caregiver provides notification to parents or legal guardians of children attending the facility using an OKDHS-provided form.

(A) Notification is:

(i) immediately attempted but not later than 72 hours of notice receipt from OKDHS; and

(ii) provided by certified mail.

(B) The program maintains the list of notified parents and legal guardians for at least 12 months.

(k) Staff to child and youth ratio. Children and youth are adequately supervised at all times whether on or off the facility premises. Ratios and age groups of children and youth are maintained, per (1) and (2) of this subsection.

(1) Children 5 through 12 years of age have one personnel to 20 children.

(2) Youth 13 through 17 years of age have one personnel to 25 youth.

(l) Facility and premises. Facility requirements are met, per (1) through (16) of this subsection.

(1) Utilities. Programs have operable utilities, including hot water.

(2) Square footage and capacity. Indoor square footage and areas are maintained, per (A) through (C) of this paragraph.

(A) Indoor square footage for licensed capacity. A minimum of 35 square feet of indoor floor space per child and or youth is required for routine use by children and youth.

(B) Areas not counted toward licensed capacity or limited for children's and youth's use. Some areas may not be suitable for children's and youth's use or only under the conditions listed in (i) through (iii) of this subparagraph.

(i) Areas not counted toward the licensed capacity are:

(I) restrooms, kitchens, and hallways;

(II) storage closets and supply rooms;

(III) personnel offices, work rooms, and break rooms;

(IV) areas occupied by furniture not for children's or youth's use; and

(V) supplemental areas or rooms used exclusively for eating, rest time, gross motor activities, or care of ill children or youth.

(ii) Basements, areas partially below ground level, and floors above ground level are only counted toward the licensed capacity when approved by the local or state fire governmental authority having jurisdiction. Fire inspection approval is also required before children or youth use the area for any reason, except as part of the emergency plans and procedures, such as during tornados or lock-downs. Fire inspection reports indicate age restrictions. When used by children or youth, basements are finished, dry, and ventilated.

(iii) Large areas, such as gymnasiums are only counted toward the licensed capacity when divided into rooms for children 5 years of age and older; however, they may be used as a supplemental area for any age.

(C) Room capacity. Rooms are not routinely occupied by more children or youth than can be accommodated by the square footage, per (A) of this paragraph.

(3) Hazards. Hazards mean anything that may inflict injury or cause harm.

(A) The facility is free of hazards.

(B) Hazardous items are inaccessible, including those in personal belongings, such as backpacks and purses.

(4) Illegal drugs. The facility and vehicles used to transport children or youth are free of illegal drugs and paraphernalia.

(5) Tobacco products. Tobacco and simulated tobacco products and related items, such as ashtrays and cigarette butts are inaccessible.

(6) Matches and lighters. Matches and lighters are inaccessible.

(7) Open flames. Items with open flames, such as candles are not used during the hours of operation.

(8) Weapons and ammunition. Any weapons and ammunition, such as firearms, cap pistols, bows and arrows, and hunting knives are kept in an inaccessible area. In addition:

(A) weapons are kept unloaded in locked containers or cabinets;

(B) ammunition is kept in locked containers or cabinets, separate from weapons;

(D) parents are informed of weapons.

(9) Vehicle items. When transported, children or youth are protected from items in the vehicle that may become a hazard during vehicle operation or in the event of an accident.

(10) Miscellaneous. The requirements in (A) and (B) of this paragraph are met.

(A) Fireworks are inaccessible.

(B) Compressed gas cylinders are secured to prevent falling over.

(11) Animals. Animals on the premises do not pose a health or safety risk to children and youth. Current vaccination records are maintained at the facility.

(12) Water safety. Pools and other bodies of water are inaccessible.

(A) On-site indoor and outdoor swimming pools are enclosed and secured to prevent unsupervised access. Doors and gates leading to the pool are locked.

(B) Outdoor in-ground pools are fenced and fencing:

(i) is sturdy;

(ii) cannot be easily climbed;

(iii) is at least four feet high and starts at ground-level; and

(iv) may include a building wall, provided doors are kept locked and any windows are unable to be opened by children or youth.

(i) a fence that meets the in-ground pool fencing requirements;

(ii) at least four feet of non-climbable pool sidewalls; or

(iii) a combination of pool sidewalls and fencing, with the fence attaching to and extending above the pool sidewalls, for a total height of at least four feet.

(D) Outdoor above-ground pools with steps leading to the pool have the steps removed or otherwise protected to prevent unsupervised access.

(13) Bathrooms. Bathrooms meet sink and toilet requirements. Programs may request an alternative compliance, when needed. OKDHS approvals are granted on a case-by-case basis. The facility has:

(A) one toilet and one sink for every 25 children and youth; and

(B) separate restrooms for male and female youth 13 through 17 years of age.

(14) Toileting facilities. The toileting facilities:

(A) have operable toilets;

(B) have toilet paper within easy reach of children and youth;

(D) used by children 6 years of age and older provide privacy, such as being equipped with doors or having children or youth take turns while supervision is maintained.

(15) Hand washing facilities. The hand washing facilities requirements in (A) and (B) of this paragraph are met.

(A) Required sinks are plumbed, per the Oklahoma Plumbing Licensing Act.

(B) Hand washing facilities have:

(i) operable sinks with running water between 80 and 120 degrees Fahrenheit; and

(ii) soap, paper towels or mechanical hand dryers, and trash containers within easy reach of children and youth.

(16) Food storage. Programs maintain adequate food storage.

(m) Children and youth health. Programs meet medication and health requirements, per (1) through (9) of this subsection.

(1) Program policy. The program maintains medication policy that includes procedures for:

(A) storing, administering, returning, and disposing of medications;

(B) storing, using, returning, and disposing of medical waste, such as syringes, needles, and lancets;

(D) using insect repellent.

(2) Parent provides. Prescription and over-the-counter medications are provided by the individual child's or youth's parent.

(3) Parental permission. Parental permission is obtained prior to administering the medication. Documentation is maintained at the facility.

(4) Administration. Medications are administered, per the requirements in (A) through (F) of this paragraph.

(A) Medications are only administered:

(i) by the designated personnel; and

(ii) to the child or youth whose full name is on the container label.

(B) Expired medication is not administered.

(C) Prescription medications are administered according to the container instructions, including only administering when the medication is part of a prescribed therapeutic treatment.

(D) Over-the-counter medications are administered according to the:

(i) container instructions; or

(ii) physician instructions.

(E) Oral medications are administered with a measuring device designed to measure medication.

(F) Each dose administered is immediately documented.

(5) Inaccessible. Medications are inaccessible to children and youth.

(6) Labeling and storing. Medications are:

(A) maintained in the original container;

(B) labeled with the child's or youth's full name;

(D) stored in locations, such as cabinets or drawers, clearly labeled "medication." In addition:

(i) refrigerated medications are stored in a container clearly labeled "medication"; and

(ii) life-threatening condition medications, such as epinephrine pens and rescue inhalers, are in close proximity to the child or youth for immediate administration when needed, such as being in the same classroom or supplemental activity area as the child or youth, outdoors when the child or youth is outside, or on field trips.

(7) Return to parents. Medications are returned to parents:

(A) daily;

(B) when the parental permission period ends as documented;

(D) when the child or youth is withdrawn from the program.

(8) Insect repellents and sunscreens. Insect repellents and sunscreens are not considered medications. The program maintains insect repellent and sun safety policies.

(9) COVID-19 virus guidelines. Programs follow the Center for Disease Control (CDC) or Oklahoma State Department of Health COVID-19 virus guidelines for hand washing, group sizes, and use of personal protective equipment (PPE).

(n) Food and nutrition. Programs provide two meals and snacks per day and meet Child and Adult Care Food Program (CACFP) guidelines. Nutritional weekend food supplements are provided to children and youth.

(1) Required meals and snacks. The program ensures children and youth are served meals and snacks according to program hours of operation and children's and youth's attendance, regardless of the program or parents providing the food.

(A) Full day care. Morning meal or snack, mid-day meal, and afternoon snack are served.

(B) Evening care. Evening meal and evening snack are served.

(D) Children's and youth's attendance. Children or youth in care over a four-hour period are served a meal.

(2) Nutritional quality and quantity. The nutritional requirements in (A) and (B) of this paragraph are met.

(A) Meals and snacks. Meals and snacks are required to meet the current CACFP guidelines, per OAC 340 Appendix LL - Meal and Snack Patterns.

(B) Additional servings. Additional servings:

(i) are available when the child or youth remains hungry;

(ii) meet the nutritional requirements, per this subsection; and

(iii) are not required to be the same food as the first serving.

(3) Water. Safe drinking water is freely available to children and youth at all times. Children and youth are encouraged to drink water throughout the day, especially before, during, and after outdoor activities.

(4) Program provided meals and snacks. When the program provides the meals, snacks, or both, the parents may be requested and allowed to provide for:

(A) their own children or youth who:

(i) have special dietary needs, including health or religious restrictions; or

(ii) are participating in a field trip; and

(B) a group of children or youth on special occasions.

(5) Allergies. Programs request child and youth food allergy information from parents.

(o) Discipline and personnel interaction. Discipline is developmentally appropriate, responsive to the circumstances, constructive, and provides an opportunity to learn and meets requirements in (1) through (3) of this subsection.

(1) General. Personnel do not seek or accept parental permission that does not comply with requirements.

(2) Appropriate discipline. Personnel use appropriate discipline methods.

(A) Assessment. Personnel evaluate the environment, atmosphere, and activities before considering specific child or youth interventions.

(B) Interaction. Personnel interact with an attitude of understanding and firmness.

(D) Perspective. Personnel maintain perspective and recognize every behavior does not require the teaching personnel's attention or intervention.

(E) Expressing acceptance and disapproval. Personnel speak so children and youth understand they and their feelings are acceptable, but their action or behavior may be unacceptable.

(F) Self-control. Personnel encourage children and youth to develop self-control.

(G) Relevant. Personnel choose discipline relevant to the behavior.

(H) Redirect. Personnel provide alternatives when the behavior is unacceptable.

(I) Consequences. Personnel use safe, natural, and logical consequences to help children and youth take responsibility for their actions.

(J) Individualize. Personnel recognize every discipline method is not effective with every child or youth, circumstance, or both.

(3) Inappropriate discipline. Personnel are prohibited from using or threatening to use inappropriate discipline.

(A) Physical. Examples of inappropriate physical discipline include:

(i) actions that could cause pain, such as shaking, striking, spanking, swatting, thumping, pinching, popping, shoving, spatting, hair pulling, yanking, and slamming;

(ii) biting a child or youth;

(iii) putting anything in, or on, a child's or youth's mouth;

(iv) exposure to extreme temperatures;

(v) excessive or forced exercise; and

(vi) restraining a child or youth by any means other than holding, and then for only as long as necessary for the child or youth to regain self-control.

(B) Psychological and emotional. Examples of inappropriate psychological and emotional discipline, include:

(i) humiliating, rejecting, or neglecting a child or youth;

(ii) making derogatory or sarcastic remarks about a child's or youth's family, race, gender, religion, or cultural background;

(iii) yelling at a child or youth out of anger or using harsh or profane language;

(iv) punishing or threatening a child or youth in association with:

(I) education, such as writing repetitive sentences and homework;

(II) withdrawing, denying or forcing food, rest, or toileting; and

(III) withdrawing or denying outdoor activity or a weather-alternate activity; or

(v) isolating a child or youth without supervision;

(vi) placing a child or youth in a dark area;

(vii) allowing a child or youth to discipline other children or youth; or

(viii) punishing an entire group due to the actions of one or a few children or youth.

(p) Child and youth programming and equipment. Program activities are age-appropriate and provide enrichment activities to address social and emotional well-being and the science of hope.

(1) Program personnel help facilitate children and youth's remote and virtual learning; including assistance with homework and class assignments.

(2) Activities for children 5 through 12 years of age meet requirements in (A) through (D) of this paragraph. Each child or youth is:

(A) provided an inclusive environment that:

(i) meets the child's and youth's needs and encourages full participation; and

(ii) is equipped and prepared for learning, based on each child's or youth's age, needs, and interests;

(B) provided multiple opportunities to engage individually or in small, informal groups for the majority of the day;

(D) encouraged, but not forced, to participate in program activities, with adaptations made to ensure safety and participation.

(3) Electronic and print media. Media may be used with children and youth, provided these restriction requirements are met.

(A) Electronic and print media are chosen with discretion and selectivity and are:

(i) non-violent;

(ii) non-vulgar;

(iii) non-sexually explicit;

(iv) culturally sensitive; and

(v) age-appropriate, according to widely accepted rating systems.

(B) When the Internet is accessible for children's or youth's use, the program ensures children and youth do not have access to inappropriate websites, email, instant messaging, and similar technology.

(i) viewing electronic media with a screen, such as television (TV), digital video display (DVD), videos, video games, phones, and computers. Screen time includes children and youth watching the screens while others use the media, such as game playing or watching videos;

(ii) not used during meal and snack times; however, snacks may be provided during occasional special activities; and

(iii) limited for all other groups whether a teaching personnel-directed or child- or youth-selected activity.

(D) Technology and media do not replace hands on learning activities. Instead technology aligns and is integrated with other core lesson plan experiences and opportunities in the child or youth care program.

(E) Recommended daily screen time for limited screen time activities outside of virtual learning activities should not exceed:

(i) one hour and 45 minutes a day for pre-kindergarten and kindergarten;

(ii) two hours and 10 minutes a day for 1st and 2nd grades;

(iii) two hours and 20 minutes a day for 3rd through 5th grades; or

(iv) four hours a day for 6th grade and above.

(F) Personnel do not use electronic media for personal use in the presence of children or youth, with the exception of an e-reader when used during rest time for reading, provided supervision is maintained.

(4) Equipment for children 5 through 12 years of age. Equipment meets developmental needs of children in care. When obtaining and maintaining basic activity equipment, the requirements in this paragraph are met.

(A) Type and quantity. The equipment is:

(i) of appropriate type and size to meet the physical, cognitive, emotional, and social development needs of the age group, individual children, or youth in care; and

(ii) provided in type and quantity, per OAC 340 Appendix MM – Equipment, utilizing the equipment chart for children 6 years of age and older. An exception to the book quantity requires only five books for every 20 children.

(B) Condition. The equipment is:

(i) safely constructed, and lead free;

(ii) installed, maintained, and used according to the manufacturers' instructions;

(iii) maintained in a safe condition that prevents hazards, such as splinters, loose parts, protrusions, and sharp edges;

(iv) complete and in good working condition and repair, without holes and tears; and

(v) clean and sanitary.

(5) Equipment for youth 13 through 17 years of age. Equipment is adequate for the number of youth in care and provides a variety of appropriate activities.

(q) Transportation. When children or youth in care are transported in a vehicle, whether provided, arranged, or contracted by the program, requirements in (1) through (8) of this subsection are met.

(1) General. Programs meet requirements in (A) through (C) of this paragraph.

(A) When the program contracts for transportation, including the use of public transportation, the program is responsible for ensuring the contracted entity meets the transportation requirements, including child passenger safety training.

(B) Children and youth are not transported in vehicles or parts of vehicles not designed for transporting people, such as truck beds, campers, and trailers.

(C) Drivers and vehicles used to transport children and youth are in compliance with all applicable state laws, including vehicle insurance. Insurance documentation is maintained at the facility.

(2) Driver, child passenger safety, and CPR/FA. Driver and professional development requirements in (A) through (D) of this paragraph are met.

(A) Drivers. The program may employ individuals or use volunteers or other personnel who meet these position specific requirements. Drivers:

(i) are at least 21 years of age;

(ii) are not youth in care;

(iii) have a valid driver or commercial driver license (CDL) in his or her state of residence, appropriate for the type of vehicle driven. License documentation is maintained at the facility;

(iv) who are contracted personnel or volunteers, may not be required to obtain criminal history reviews, per (e)(3); and

(v) are prohibited when required, per (e)(8).

(B) Position specific responsibilities. Drivers:

(i) transport children and youth; and

(ii) meet the transportation requirements, per this subsection.

(C) Position specific professional development. Drivers, excluding volunteers who transport on an irregular basis and do not fill another position, obtain within three months of transporting children or youth:

(i) child passenger safety training, from the program's trained personnel or an OKDHS-approved child passenger safety course or a trained personnel is in the vehicle with the contracted driver, unless the vehicle used is exempt, per (7)(E) of this subsection. In addition, personnel who assist with child passenger restraints obtain this training from the options indicated, within three months of assisting; and

(ii) vehicle safety training:

(I) for the safe operation of the type of vehicle driven, when driving a vehicle designed to transport 10 or more passengers; and

(II) from any training source, excluding owner manuals.

(D) CPR/FA. The CPR/FA certification requirements are met.

(3) Parental permission and attendance documentation. Permission and attendance requirements in (A) and (B) of this paragraph are met.

(A) Transportation and field trip permission is maintained at the facility.

(B) Attendance documentation is maintained at the facility.

(4) Ratios and supervision. Ratios and supervision requirements in (A) through (D) of this paragraph are met.

(A) The driver may count in ratios.

(B) Children and youth are never left unattended in vehicles.

(i) begins at the pre-arranged pick-up time or when the child or youth is actually picked up, whichever is earlier. When the child or youth is not present or there is a contradiction about who is responsible for picking up the child or youth, the program informs the parent; and

(ii) ends at the pre-arranged drop-off time or when the child or youth is actually dropped off, whichever is later. The child or youth is only left at the pre-arranged drop-off location or with the individual designated by the parent.

(D) Children's and youth's entire bodies remain in the vehicle.

(5) Communication. Communication device requirements in (A) and (B) of this paragraph are met.

(A) An operable phone is in each vehicle when children or youth are transported.

(B) Drivers do not use any communication device while driving.

(6) Safety and tobacco-free. Safety requirements in (A) through (E) of this paragraph are met.

(A) Vehicles have a first aid kit.

(B) Vehicles are free of hazards.

(C) Safe conduct to, and from the vehicles, and safe off-street loading spaces are provided to protect children and youth from:

(i) backing vehicles;

(ii) being between vehicles; and

(iii) traffic hazards.

(D) The vehicle door locks are activated when the vehicle is moving.

(E) Tobacco use is prohibited.

(7) Passenger restraint, seating, and airbags. Passenger restraint, seating, and airbag requirements in (A) through (E) of this paragraph are met.

(A) Vehicle maximum capacity and seating space, per manufacturers' designations is not exceeded.

(B) Children and youth sit in seats behind the front seat. However, when all these positions are taken by other children or youth in care, children and youth may sit in the front seat, provided requirements in (i) and (ii) of this subparagraph are met.

(i) When there is a front seat passenger airbag and children 12 years of age and younger are in the front seat, the airbag is deactivated by a weight-sensitive seat when equipped with such, or a manual switch.

(ii) When the airbag cannot be deactivated, the front seat is pushed back as far as possible and only a child whose age and weight requires a forward facing car seat with a harness, per manufacturers' instructions may sit in the front seat.

(C) Child passengers remain properly secured in child passenger restraint system, such as a booster seat or an individual seat belt in compliance with applicable state laws, unless the vehicle is exempt, per (E) of this paragraph. Children or youth do not share a seat belt.

(i) Booster seats are:

(I) federally approved;

(II) installed according to the manufacturers' instructions;

(III) appropriate to the height, weight, and physical condition of the child, per manufacturers' instructions; and

(IV) properly maintained, such as not expired or previously involved in a vehicle accident.

(ii) Seat belts:

(I) are properly anchored to the vehicle; and

(II) fit the child appropriately, per child passenger safety training.

(D) Adult passengers, including the driver, remain properly secured in an individual seat belt unless:

(i) unable, due to medically documented reasons; or

(ii) the vehicle is exempt, per (E) of this paragraph.

(E) The vehicle exemption to passenger restraints is for buses, unless designed for, or equipped with seat belts, or the Lower Anchors and Tethers for Children (LATCH) system. Passengers remain seated in exempt vehicles.

(8) Vehicles and vehicle maintenance. Vehicle maintenance requirements in (A) through (C) of this paragraph are met.

(A) The vehicle requirements apply to:

(i) program vehicles at all times; and

(ii) personal vehicles when transporting children or youth.

(B) Vehicle maintenance is:

(i) conducted at least quarterly on:

(I) program vehicles; and

(II) personal vehicles used on a regular basis; and

(ii) documented and maintained at the facility.

(i) are identified with the program or business entity name and phone number that is easily read by the public, unless using contracted transportation;

(ii) are in a safe operating condition;

(iii) have an operable heater used during cold weather to maintain an interior temperature of at least 65 degrees Fahrenheit;

(iv) have a ventilation system used during hot weather, such as air conditioning or operable windows; and

(v) have stationary padded seats, with a back properly anchored to the vehicle.

(r) Family communication and community resources. Parents are informed of children's and youth's activities and health, per (1) through (4) of this subsection.

(1) Immediately. The program immediately notifies parents of:

(A) a child or youth who does not arrive on his or her own at the facility as scheduled, such as when walking to the facility;

(B) a child or youth not present at the pick-up location as scheduled;

(C) a child, youth, or individual at the pick-up location who believes the child or youth is to be transported by the program, when the program is not providing this transportation;

(D) administration of a life-threatening condition medication only administered as needed;

(E) an injury that may need a licensed physician's evaluation;

(F) poison exposure; and

(G) an animal bite to a child or youth, when the skin is broken or when a licensed physician's evaluation may be needed.

(2) Promptly. The program notifies parents promptly of a child or youth who is separated from the group due to an illness or infestation or when exclusion is required, per OAC 340 Appendix JJ - Exclusion Criteria for Children Who Are Ill.

(3) Upon child and youth pick up. The program notifies parents upon child or youth pick up of:

(A) changes in the child's or youth's physical or emotional state;

(B) known minor injuries;

(D) a communicable disease or infestation exposure;

(E) an animal bite to a child or youth, when the skin is not broken; and

(F) implemented emergency plans and procedures, except for drills.

(4) Prior. Parental permission is required prior to:

(A) medication administration;

(B) transportation;

(D) volunteer drivers transporting children or youth, per (e)(3) of this Section.

(s) Emergency preparedness. Programs meet (1) through (7) of this subsection.

(1) Emergency plans and procedures. Emergency plans and procedures requirements are met.

(A) General. The program is required to have emergency plans that are:

(i) individualized to the program and hours of operation;

(ii) followed, unless children's or youth's safety is at risk or emergency personnel provide alternative instructions during an emergency; and

(iii) maintained in a readily available and portable manner for emergencies.

(B) Situations. Emergency plans include procedures for:

(i) serious injuries;

(ii) serious illnesses;

(iii) poison exposure;

(iv) outbreaks of communicable diseases, including pandemics, such as influenza and Covid-19 virus;

(v) weather conditions, including tornados, floods, blizzards, and ice storms;

(vi) fires, including wildfires;

(vii) man-made disasters, including chemical and industrial accidents;

(viii) human threats, including individuals with threatening behaviors, bomb threats, and terrorist attacks;

(ix) lost or abducted children and youth;

(x) utility disruption; and

(xi) other natural or man-made disasters that could create structural damage to the facility or pose health hazards.

(C) Children and youth needs. Emergency plans include procedures for addressing each child's or youth's needs, with additional considerations for children and youth with disabilities or chronic medical conditions.

(D) Account for children and youth. The emergency plans include procedures to account for each child's and youth's location during an emergency.

(E) Shelter-in-place. Emergency plans include shelter-in-place procedures for short- and extended-stay situations that require children and youth to stay in the building, such as during tornados and other weather emergencies.

(F) Lock-down. Emergency plans include lock-down procedures for situations threatening children's, youth's and personnel's safety. Lock-down procedures include:

(i) notifying personnel;

(ii) keeping children and youth in designated safe locations in the building;

(iii) encouraging children and youth to remain calm and quiet;

(iv) securing building entrances;

(v) preventing unauthorized individuals from entering the building. When the program is in a shared facility, the program entrances are secured; and

(vi) responding when outdoors and on field trips.

(G) Evacuation. Emergency plans include evacuation procedures for situations, such as building fires, requiring children, youth, and personnel to leave the building. Evacuation procedures:

(i) include at least two evacuation routes labeled on the floor plan of the program;

(ii) are posted in each area of the program utilized by children, youth, and personnel; and

(iii) identify pre-determined meeting locations.

(H) Relocation. Emergency plans include relocation procedures for situations requiring children and youth move to an alternate location, such as bomb threats and wildfires. Relocation procedures include:

(i) pre-determined primary and secondary alternate locations, with prior approval from the contact individual at the alternate locations;

(ii) relocating children and youth, including a pre-determined transportation plan; and

(iii) reuniting parents with children and youth.

(I) Reporting. Emergency plans include procedures for notifying:

(i) emergency authorities, including the poison control center, when necessary;

(ii) parents, including a method and backup method for how and when parents are notified; and

(iii) Licensing, per (j) of this Section.

(J) Personnel. Emergency plans include procedures for ensuring personnel are familiar with the:

(i) current emergency plans and procedures, including roles and responsibilities in an emergency;

(ii) location of the emergency plans and procedures;

(iii) location of the posted emergency information;

(iv) location of the first aid and emergency supply kits; and

(v) location and use of the fire extinguishers.

(2) Phones. Phone requirements in (A) through (C) of this paragraph are met.

(A) On-site. The program provides an operable phone in each building and on each floor.

(B) Off-site. An operable phone is available at off-site activities.

(3) Posted emergency information. Emergency information is posted, per (A) through (C) of this paragraph.

(A) Program information and emergency numbers. Information and numbers are posted in a prominent location for personnel and all areas utilized for children, youth, and personnel. Items to post include:

(i) the program name and address, with main cross streets or directions to the facility;

(ii) 911, where available; or local law enforcement, fire department, and ambulance services and

(iii) poison control, 1-800-222-1222.

(B) First aid kit, emergency supply kit, and fire extinguisher locations. Locations of first aid and emergency supply kits and extinguishers are posted in all areas used by children and youth.

(4) First aid kits. First aid kits meet requirements in (A) through (E) of this paragraph.

(A) Location. First aid kits are located in each building and in vehicles when transporting children and youth.

(B) Accessibility. First aid kits are accessible to personnel at all times and inaccessible to children and youth.

(D) Sanitary. First aid kit supplies are maintained in a clean and sanitary manner, including sanitizing re-usable supplies.

(E) Supplies. First aid kit supplies are stored together in a portable container.

(i) Supplies include, at least:

(I) non-medicated adhesive strips;

(II) sterile gauze pads;

(III) rolled flexible or stretch gauze;

(IV) bandage tape;

(V) disposable non-porous, latex-free gloves;

(VI) blunt-tipped scissors;

(VII) tweezers;

(VIII) a non-glass and non-mercury thermometer. The appropriate thermometer and method are used to take a child's or youth's temperature when there is a concern;

(IX) a current first aid guide; and

(X) a copy of the posted program information and emergency numbers, per (3) of this subsection.

(ii) In addition, the first aid kits in vehicles include, at least:

(I) a cold pack;

(II) liquid soap and water or individually packaged moist, disposable towelettes, for cleaning wounds;

(III) hand sanitizer and moist, disposable towelettes, for hand hygiene;

(IV) plastic bags for disposal of items contaminated with blood or other body fluids; and

(V) a pen or pencil and note pad.

(5) Emergency supply kit. Emergency supply kits meet requirements in (A) and (B) of this paragraph.

(A) Records. Records available during an emergency include, at least the:

(i) emergency plans and procedures and alternate location addresses, phone numbers, and contacts;

(ii) emergency contacts; and

(iii) full names of children, youth, and personnel currently in attendance.

(B) Supplies. Emergency supplies gathered at the time of an emergency or maintained in a portable container at all times include, at least:

(i) a first aid kit; and

(ii) children's and youth's prescribed medications, including life-threatening condition medications.

(6) Testing and maintaining emergency equipment. Equipment is tested and maintained, per (A) through (C) of this paragraph.

(A) Individual smoke and carbon monoxide alarms. When the facility is equipped with individual alarms and not a central detection system the alarms are:

(i) operable; and

(ii) tested at least monthly. Documentation is maintained in writing at the facility and includes the testing date.

(B) Central detection and alarm system for smoke and carbon monoxide. When the facility is equipped with a hard-wired or wireless detectors connected to a central control panel, the system is:

(i) fully functional;

(ii) checked at least monthly by viewing the control panel and documentation is maintained in writing at the facility and includes the date checked. This is not required when a company continuously monitors the system for full-function as documented per the contract; and

(iii) inspected and tagged at least every 12 months by a state-licensed authority.

(i) fully functional; and

(ii) inspected and tagged at least every 12 months by a state-licensed authority.

(7) Drills and reviews. Drills and reviews are conducted, per (A) through (E) of this paragraph.

(A) General. Drills and reviews are documented in writing and maintained at the facility, including the dates of the activity and the personnel in charge of conducting the drill. The drills are conducted:

(i) at various times throughout the hours of operation, such as morning, mid-day, afternoon, and evening, so children, youth, and personnel in attendance at various times are involved in each type of drill at least one time every three months;

(ii) by following the pre-determined emergency plans and procedures; and

(iii) per required scheduling.

(B) Monthly drills. Monthly drills include:

(i) fire drills conducted by evacuating and meeting at pre-determined locations; and

(ii) tornado drills conducted by sheltering in pre-determined on-site locations.

(i) locking-down by sheltering in pre-determined on-site locations;

(ii) relocating according to procedures of preparation to relocate, but do not require physical relocation;

(iii) sheltering-in-place, requiring children, youth, and personnel stay inside the facility, such as during tornados and other weather emergencies; and

(iv) evacuating and meeting at pre-determined locations.

(D) Lock-down and relocation procedures review. Personnel review the procedures at least once every 12 months.

(E) Emergency plans and procedures review. The director updates as necessary, and reviews emergency plans and procedures:

(i) at least once every 12 months;

(ii) upon enrollment of children and youth with disabilities or chronic medical conditions;

(iii) after a drill when procedure issues are identified; and

(iv) after an emergency, as identified in this subsection.

(t) Required postings and policy. Items in (1) and (3) are posted at the program's main entrance where the parents and public enter and posted in a conspicuous location within clear view.

(1) Notice to parents. OKDHS Publication No. 14-01, Notice to Parents, is posted.

(2) Program liability insurance policy. Program liability insurance is maintained, unless an exception, per Section 404.3 of Title 10 of the Oklahoma Statutes, Oklahoma Child Care Facilities Licensing Act, is posted, per (3) of this subsection.

(3) Program liability insurance exception notification. The OKDHS-provided form is posted when program liability insurance is not maintained or program reports being self-insured.

(u) Parental notifications. Compliance file and insurance notification requirements are met, per (1) and (2) of this subsection.

(1) Compliance file. Items are originals or copies and are maintained together, with the most recent on top and all child and youth identifying information removed. The compliance file includes items within the last 120-calendar days, at a minimum, from the date on the document or the investigation completion date on the form, unless requirements specifically state otherwise. The compliance file only contains:

(A) compliance monitoring from Licensing, Stars, and tribal agencies, such as:

(i) monitoring visit forms, including most recent visit; and

(ii) case status information, such as forms and correspondence regarding:

(I) issuance of permits and licenses;

(II) non-compliances and Stars violations;

(III) notices to comply;

(IV) complaint findings;

(V) office conferences with Licensing, Stars, and tribal agencies;

(VI) Stars alternative settlements and reductions; and

(VII) consent agreements, denials of a request for a license, and revocations of a license;

(B) child welfare investigative summary, regardless of findings. However, confirmed or substantiated findings are maintained in the file for 12 months;

(C) granted criminal history restriction waiver notifications. However, notification is maintained in the file for as long as the individual is employed or is living in the facility; and

(D) other documents indicating placement in the compliance file.

(2) Compliance file and insurance parental notifications. Parents are provided information regarding insurance liability and the compliance file.

(A) Parents complete OKDHS-provided forms every 12 months regarding insurance liability and the compliance file. Forms are maintained at the facility.

(B) When the child or youth is enrolled, parents are provided copies of OKDHS- provided Form 07LC093E, Insurance Exception Notification, and OKDHS Publication No. 14-01, Notice to Parents.

Last Modified on May 05, 2022