Library: Policy

340:110-3-223. Organization

Revised 11-1-13

(a) Responsible agent.  A school-age program is operated by a public or private organization or an individual.

• (1) A public school-age program is created and exists by an act of the state, county, city, or other political subdivision and operates under the control of a governmental agency.

• (2) A not-for-profit school-age program operates under a governing board responsible for developing policies and establishing and maintaining a sound financial structure.

• (3) A proprietary school-age program's owner is responsible for the policy and financial structure of the program.

(b) Purpose.  A statement defining the purpose or function of the program is filed with Oklahoma Department of Human Services (DHS) and includes:

• (1) licensed capacity;

• (2) ages of children accepted;

• (3) hours of operation; and

• (4) type of care and services offered.

(c) Notifications.  Requirements pertaining to notifications are specified in this subsection.

• (1) The items displayed in a prominent place where staff, parents, and others may view them are the:

  • (A) program's license, permit, or notice of denial or revocation of license;

  • (B) name of the person responsible for the program during the director's absence;

  • (C) notice of the requirement to report suspected child abuse and neglect;

  • (D) notice prohibiting smoking anywhere in the facility while children are in care;

  • (E) daily program schedule;

  • (F) emergency procedures;

  • (G) weekly menu of all food provided by the program;

  • (H) evacuation plan;

  • (I) dates fire and tornado drills were conducted; and

  • (J) time schedule for use of outdoor play space when the program is licensed for 24 or more children and has outdoor play space of less than 75 square feet per child.

• (2) DHS provided insurance exception notification when applicable per OAC 340:110-3-224(c), is posted in clear view of the main entrance to the facility.

• (3) Per Section  1-2-101 of Title 10A of the Oklahoma Statutes, any person who has reason to believe a child has been abused or neglected is required to report the matter promptly to DHS.  It is a misdemeanor for any person to fail to report.

• (4) The program is required to notify Licensing by the next program business day of:

  • (A) a temporary, unscheduled, or permanent closing of the program;

  • (B) a change in the director;

  • (C) changes in liability insurance coverage;

  • (D) any damage to the facility that affects the amount of usable square footage or compliance with any requirement;

  • (E) legal action against a program or staff person that involves or affects a child in care or the operation of the program;

  • (F) any known criminal charges or child abuse investigations involving staff that are pending or have had a disposition;

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

  • (H) any injury to a child requiring emergency medical attention; and

  • (I) the death of a child that occurred while the child was in care.

• (5) The program is required to notify Licensing at least 30 calendar days prior to:

  • (A) a change in ownership or sponsorship;

  • (B) a change in the name of the program;

  • (C) any change or alteration to the physical facility that affects the amount of usable square footage or compliance with requirements;

  • (D) the anticipated closing or relocation of the program; and

  • (E) a proposed change in the licensed capacity.

(d) Public access to records - Compliance Posting.

• (1) Items posted within clear view of the main entrance are:

  • (A) DHS provided "Notice to Parents"; and

  • (B) child welfare investigative summary with confirmed or substantiated findings, for 120 calendar days from the completion of the investigation.

• (2) The granted criminal history restriction waiver notification for individuals who have criminal histories as defined in OAC 340:110-3-226 are posted in a prominent place, for as long as they are employed by the program, or living in the facility.

(e) Compliance file.  A compliance file is accessible to staff, parents, and others and contains:

• (1) the most recent child care licensing monitoring report provided by the licensing specialist;

• (2) the following documents issued by Licensing within the last 120 calendar days:

  • (A) child care licensing monitoring reports and licensing correspondence;

  • (B) notice to comply;

  • (C) licensing complaints; and

  • (D) child welfare investigative summary with findings of unconfirmed or unsubstantiated to include findings of services not needed, ruled out, or services recommended; and

• (3) child welfare investigative summary with findings of confirmed or substantiated, for one year from the completion of the investigation.

(f) Effect of change in ownership or location on license.  When a program changes ownership or location:

• (1) the license is not transferable and is returned to DHS; and

• (2) the program is required to meet current licensing requirements.