COMMENT DUE DATE:
September 26, 2016
DATE:
September 15, 2016
Mitzi Lee (405) 521-2556
Dena Thayer, OIRP Programs Administrator (405) 521-4326
RE:
APA WF 16-02B
The proposed policy is Emergency . 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.
NOTE:The rules in this work folder were previously circulated for comment on July 8, 2016 with a proposed effective date of 9-1-2016.Due to a new federal interpretation, additional rules were also added and the proposed effective date is 11-1-2016.Language not included in the previous circulation is highlighted in yellow.
SUBJECT:CHAPTER 110. LICENSING SERVICES
Subchapter 3. Licensing Standards for Child Care Facilities
Part 5. Requirements for Family Child Care Homes and Large Family Child Care Homes
OAC 340:110-3-85 through 340:110-3-86 [AMENDED]
OAC 340:110-3-86.1 [ISSUED]
OAC 340:110-3-88 [AMENDED]
OAC 340:110-3-89.1 [AMENDED]
OAC 340:110-3-91.1 [AMENDED]
OAC 340:110-3-93 [AMENDED]
OAC 340:110-3-97.1 [AMENDED]
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 340:110-3-278 through 340:110-3-280 [AMENDED]
OAC 340:110-3-281.1 through 340:110-3-281.2 [AMENDED]
OAC 340:110-3-284 [AMENDED]
OAC 340:110-3-284.1 [AMENDED]
OAC 340:110-3-284.2 [AMENDED]
OAC 340:110-3-289 [AMENDED]
OAC 340:110-3-296 [AMENDED]
OAC 340:110-3-301 [AMENDED]
(Reference WF 16-02)
SUMMARY:The proposed revisions to Chapter 110 Subchapter 3 Part 5 and 15 amend minimum licensing requirements affecting family child care homes, child care centers, day-camps, drop-in, out-of-school time programs, part-day, and programs for sick children to comply with federal and state statutory changes.
On November 19, 2014, President Barack Obama signed the Child Care Development Block Grant (CCDBG) Act of 2014 (Pub. L. No. 113-186) into law following its passage in the 113th Congress.The CCDBG Act authorizes the Child Care and Development Fund (CCDF) that is the primary federal funding source devoted to providing low-income families who are working or participating in education or training activities with help paying for child care and improving the quality of child care for all children.CCDBG criteria was revised to provide further protection to the health and safety of children in child care and enhances the overall quality of child care and the early childhood workforce.Revisions to CCDBG criteria required Child Care Services to revise child care licensing requirements to meet the new criteria.Revisions include health and safety orientation topics for child care programs in areas of:(1) immunizations; (2) physical premise safety; (3) handling and storage of hazardous materials and disposal of bio-contaminants; (4) emergency preparedness; (5) administration of medication; and (6) prevention of and responses to food and allergic reactions.Revisions to minimum licensing requirements included:(1) expulsion program policies; (2) emergency preparedness and emergency drills; (3) cardio-pulmonary resuscitation (CPR) and first aid certification for all caregivers; and (4) requirements addressing any orientation topic not currently addressed by requirement language.
An interim study was conducted on infant safe sleep environments in licensed family child care homes and child care center based programs.This study resulted in Senate Bill (SB) 1273 during the 2016 legislative session amending Section 404 of Title 10 of the Oklahoma Statues (10 O.S. § 404), Oklahoma Child Care Facilities Licensing Act to improve infant sleep environments.Amendments included restricting items and bedding within rest equipment and requiring infants to sleep in approved rest equipment.An agreement between legislators leading the interim study and Oklahoma Department of Human Services (DHS) also resulted in request for requirement revisions in lieu of statutory revisions.These requirement revisions included:(1) restrictions of infant swaddling; (2) restriction of infants in car seats; (3) observation of infants; and (4) required safe sleep training.
SB 1274 approved during the 2016 legislative session amends 10 O.S. § 404.3 of the Oklahoma Child Care Facilities Licensing Act to require parental notification of the program's compliance file and liability insurance.An agreement between authors of SB 1274 and DHS also resulted in request for requirement revisions in lieu of statutory revisions.These requirement revisions impacted further rule language development regarding parental notifications.
SB 1554 approved during the 2016 legislative session amends previous requirement language for child care center based programs regarding infant room square footage.
Amendments also reflect compliance with 21 O.S § 870 requiring reporting of human trafficking.
EMERGENCY APPROVAL: Emergency rulemaking is requested to comply with state and federal statute changes with an effective date of November 1, 2016 for the rules.
LEGAL AUTHORITY:Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes (O.S. 56 § 162); Child Care Development Block Grant (CCDBG) Act of 2014 (Pub. L. No. 113-186); 10 O.S. § 404;10 O.S. § 404.3; and 21 O.S § 870.
Rule Impact Statement
To:Programs administrator
Office of Intergovernmental Relations and Policy
From:Lesli Blazer, Director
Child Care Services
Date:August 26, 2016
Re: CHAPTER 110. LICENSING SERVICES
Subchapter 3. Licensing Standards for Child Care Facilities
Part 5. Requirements for Family Child Care Homes and Large Family Child Care Homes
OAC 340:110-3-85 through 340:110-3-86 [AMENDED]
OAC 340:110-3-86.1 [ISSUED]
OAC 340:110-3-88 [AMENDED]
OAC 340:110-3-89.1 [AMENDED]
OAC 340:110-3-91.1 [AMENDED]
OAC 340:110-3-93 [AMENDED]
OAC 340:110-3-97.1 [AMENDED]
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 340:110-3-278 through 340:110-3-280 [AMENDED]
OAC 340:110-3-281.1 through 340:110-3-281.2 [AMENDED]
OAC 340:110-3-284 [AMENDED]
OAC 340:110-3-284.1 [AMENDED]
OAC 340:110-3-284.2 [AMENDED]
OAC 340:110-3-289 [AMENDED]
OAC 340:110-3-296 [AMENDED]
OAC 340:110-3-301 [AMENDED]
(Reference WF 16-02)
Contact: Mitzi Lee, Programs Manager, 405-521-2556
A.Brief description of the purpose of the proposed rule:
The proposed revisions to Chapter 110 Subchapter 3 Part 5 and 15 amend minimum licensing requirements affecting family child care homes, child care centers, day-camps, drop-in, out-of-school time programs, part-day, and programs for sick children to comply with federal and state statutory changes.
On November 19, 2014, President Barack Obama signed the Child Care Development Block Grant (CCDBG) Act of 2014 (Pub. L. No. 113-186) into law following its passage in the 113th Congress.The CCDBG Act authorizes the Child Care and Development Fund (CCDF) that is the primary federal funding source devoted to providing low-income families who are working or participating in education or training activities with help paying for child care and improving the quality of child care for all children.CCDBG criteria was revised to provide further protection to the health and safety of children in child care and enhances the overall quality of child care and the early childhood workforce.Revisions to CCDBG criteria required Child Care Services to revise child care licensing requirements to meet the new criteria.Revisions include health and safety orientation topics for child care programs in areas of:(1) immunizations; (2) physical premise safety; (3) handling and storage of hazardous materials and disposal of bio-contaminants; (4) emergency preparedness; (5) administration of medication; and (6) prevention of and responses to food and allergic reactions.Revisions to minimum licensing requirements included:(1) expulsion program policies; (2) emergency preparedness and emergency drills; (3) cardio-pulmonary resuscitation (CPR) and first aid certification for all caregivers; and (4) requirements addressing any orientation topic not currently addressed by requirement language.
An interim study was conducted on infant safe sleep environments in licensed family child care homes and child care center based programs.This study resulted in Senate Bill (SB) 1273 during the 2016 legislative session amending Section 404 of Title 10 of the Oklahoma Statues (10 O.S. § 404), Oklahoma Child Care Facilities Licensing Act to improve infant sleep environments.Amendments included restricting items and bedding within rest equipment and requiring infants to sleep in approved rest equipment.An agreement between legislators leading the interim study and Oklahoma Department of Human Services (DHS) also resulted in request for requirement revisions in lieu of statutory revisions.These requirement revisions included:(1) restrictions of infant swaddling; (2) restriction of infants in car seats; (3) observation of infants; and (4) required safe sleep training.
SB 1274 approved during the 2016 legislative session amends 10 O.S. § 404.3 of the Oklahoma Child Care Facilities Licensing Act to require parental notification of the program's compliance file and liability insurance.An agreement between authors of SB 1274 and DHS also resulted in request for requirement revisions in lieu of statutory revisions.These requirement revisions impacted further rule language development regarding parental notifications.
SB 1554 approved during the 2016 legislative session amends previous requirement language for child care center based programs regarding infant room square footage.
Amendments also reflect compliance with 21 O.S § 870 requiring reporting of human trafficking.
Strategic Plan Impact.
The proposed rule amendments achieve DHS Child Care Services goals by continuously improving systems and processes impacting child care programs and ensuring programs comply with revisions to federal and state statute.Proposed amendments revise rules by revising minimum licensing requirements affecting family child care homes, child care centers, day-camps, drop-in, out-of-school time programs, part-day and programs for sick children.
Substantive changes.
Subchapter 3. Licensing Standards for Child Care Facilities
Part 5. Requirements for Family Child Care Homes and Large Family Child Care Homes
Oklahoma Administrative Code (OAC) 340:110-3-85 is amended to address:(1) prevention and responses to food and allergic reactions; (2) frequency of observation of infants and children in cribs and playpens; (3) mandatory reporting of human trafficking; and (4) CPR and first aid certification for all caregivers.Amendments also include revisions to health and safety orientation topics for:(1) infant safe sleep practices; (2) physical premise safety; (3) handling and storage of hazardous materials and disposal of bio-contaminants; (4) emergency preparedness; (5) administration of medication; and (6) prevention of and responses to food and allergic reactions.Amendments include required safe sleep training.
OAC 340:110-3-86 is amended to reflect deletion of emergency preparedness language moved to OAC 340:110-3-86.1.
OAC 340:110-3-86.1 is issued to expand emergency preparedness plans and procedures for family child care homes by:(1) including language moved from OAC 340:110-3-86; (2) expanding definitions of emergency situations; (3) addressing specific children's needs; (4) expanding emergency plans, drills, and reviews for fire, tornado, shelter-in-place, lock-down, evacuation, and relocation; and (5) requiring emergency supply kits.
OAC 340:110-3-88 is amended to require specific posting of compliance file notice.
OAC 340:110-3-89.1 is amended to require:(1) expulsion policy for programs; and (2) parental notification regarding the program's compliance file and liability insurance and specific liability insurance posting.
OAC 340:110-3-91.1 is amended to improve sleeping environments for infants by:(1) prohibiting covers and blankets; (2) restricting items in the sleep environments; (3) requiring infants sleep in appropriate rest equipment; and (4) restricting swaddling.
OAC 340:110-3-93 is amended to restrict infants from infant car seats except during transportation or emergency drills.
OAC 340:110-3-97.1 is amended to align professional development requirements as reflected in revisions to OAC 340:110-3-85 and CPR and first aid certification for all caregivers.
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 340:110-3-278 is amended to require expulsion policy and volunteers being familiar with emergency preparedness plans and procedures.
OAC 340:110-3-279 is amended to require annual emergency preparedness drills for:(1) lock-down; (2) relocation; (3) shelter-in-place; and (4) evacuation.
OAC 340:110-3-280 is amended to reflect mandatory reporting of human trafficking.
OAC 340:110-3-281.1 is amended to require specific posting location of notices for the program's compliance file and liability insurance.
OAC 340:110-3-281.2 is amended to require parental notification regarding the program's compliance file and liability insurance.
OAC 340:110-3-284 is amended to reflect mandatory reporting of human trafficking.Amendments also include revisions to orientation topics for:(1) immunizations; (2) physical premise safety; (3) handling and storage of hazardous materials and disposal of bio-contaminants; (4) emergency preparedness; (5) administration of medication; and (6) prevention of and responses to food and allergic reactions.Amendments include required safe sleep training and CPR and first aid certification for all caregivers.
OAC 340:110-3-284.1 is amended to reflect CPR and first aid certification for directors and personnel in charge.
OAC 340:110-3-284.2 is amended to reflect CPR and first aid certification for master teachers, teachers, assistant teachers and substitutes.
OAC 340:110-3-289 is amended to restrict infants from infant car seats except during transportation or emergency drills.
OAC 340:110-3-296 is amended to require infants being moved immediately to appropriate rest equipment.
OAC 340:110-3-301 is amended to reflect revised requirement language for child care center based programs regarding infant room square footage.
Reasons.
Chapter 110 Subchapter 3 Part 5 and 15:The proposed revisions address needed compliance with federal CCDBG criteria and Oklahoma statute by aligning minimum licensing requirements for family child care homes, child care centers, day-camps, drop-in, out-of-school time programs, part-day and programs for sick children.
Repercussions.
Chapter 110 Subchapter 3 Part 5 and 15:The proposed revisions address needed compliance with federal CCDBG by aligning minimum licensing requirements for family child care homes, child care centers, day-camps, drop-in, part-day and out-of-school time programs, and programs for sick children.If these amendments are not made child care facilities will not be in compliance with federal statute.Children's health and safety will be at risk.DHS will also lose federal funding through CCDF.
Chapter 110 Subchapter 3 Part 5 and 15:The proposed revisions address needed compliance with amendments to 10 O.S. § 404 of the Oklahoma Child Care Facilities Licensing Act by amending minimum licensing requirements for sleeping environments for infants in family child care homes, child care centers, drop-in, part-day and programs for sick children.If amendments are not made child care facilities will not be compliant with Oklahoma statute.Children's health and safety will also be at risk.
Chapter 110 Subchapter 3 Part 5 and 15:The proposed revisions address needed compliance with amendments to 10 O.S. § 404.3 of the Oklahoma Child Care Facilities Licensing Act by amending minimum licensing requirements for compliance file and liability insurance for family child care homes, child care centers, day-camps, drop-in, part-day and out-of-school time programs, and programs for sick children.If amendments are not made child care facilities will not be compliant with Oklahoma statute.Children's health and safety will also be at risk.
Chapter 110 Subchapter 3 Part 5 and 15:The proposed revisions address needed compliance with 21 O.S § 870 requiring reporting of human trafficking for family child care homes, child care centers, day-camps, drop-in, part-day and out-of-school time programs, and programs for sick children.If amendments are not made child care facilities will not be compliant with Oklahoma statute.Children's health and safety will also be at risk.
Legal authority.
Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes (O.S. 56 § 162); Child Care Development Block Grant (CCDBG) Act of 2014 (Pub. L. No. 113-186); 10 O.S. § 404;10 O.S. § 404.3; and 21 O.S § 870.
Emergency rulemaking approval is requested.
Emergency rulemaking is requested to comply with state and federal statute changes with an effective date of November 1, 2016 for the rules.
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 rules are licensed family child care homes, child care centers, day-camps, drop-in, out-of-school time programs, part-day and programs for sick children, families and children utilizing child care, and CCS staff.
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 rules are licensed family child care homes, child care centers, day-camps, drop-in, out-of-school time programs, part-day and programs for sick children, families and children utilizing child care, and CCS staff.
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:The anticipated economic impact of proposed rules is $233.80 plus estimated training cost per participant of $25 for safe sleep training and $50 for CPR and first aid certification.This cost varies by program depending on specific operations of each program.See attached fiscal impact estimates.
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:The cost to DHS to implement the proposed rules includes:(1) printing and mailing of revised licensing requirements, estimated at $20,000; (2) revisions to DHS publications, estimated at $1,000; (3) revisions to CD version of licensing requirements for child care programs, estimated at $2416; and (4) revisions to an orientation training DVD supplied by DHS to family child care homes and child care programs, estimated at $123,000.These costs will come from DHS agency funding and federal funding through CCDF.
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:Implementation of the proposed rules will have a positive impact on the health, safety, and welfare of children receiving child care in licensed facilities.
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:Economic impacts to the child care industry identified in Section D is estimated at $233.80 plus estimated training cost per participant of $25 for safe sleep training and $50 for CPR and first aid certification.This cost varies by program depending on specific operations of each program.See attached fiscal impact estimates.
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 rules.These requirement revisions are necessary for programs receiving CCDBG funding and support services and for programs to operate in compliance with federal and state statute.
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 rule revisions will insure licensed family child care homes, child care centers, day-camps, drop-in, out-of-school time programs, part-day and programs for sick children comply with federal and state statutes.Rules also reduce risks to children and improves the health and safety of children in licensed child care programs.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented:If the proposed rule revisions are not implemented licensed family child care homes, child care centers, day-camps, drop-in, out-of-school time programs, part-day and programs for sick children will not be in compliance with federal and state statutes.The health and safety of children will be at risk.
K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared August 25, 2016.
