COMMENT DUE DATE:
October 17, 2016
DATE:
October 7, 2016
Mitzi Lee (405) 521-2556
Dena Thayer, Legal Services - Policy Programs Administrator (405) 521-4326
RE:
APA WF 16-07
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 the Policy Management Unit.The proposed policy is permanent.
SUBJECT:CHAPTER 110. LICENSING SERVICES
Subchapter 1. General Provisions
Part 1. Licensing Services - Child Care
OAC 340:110-1-17 [AMENDED]
(Reference WF 16-07)
SUMMARY:The proposed revisions to Chapter 110, Subchapter 1, Part 1, amend Child Care Advisory (CCAC) by-laws.The passage of Senate Bill (SB) 1211 during the 2016 legislative session amended Section 404 of Title 10 of the Oklahoma Statues (10 O.S. § 404), Oklahoma Child Care Facilities Licensing Act.Statutory amendments include:(1) revising the responsibilities of CCAC members;(2) revising the process of the development of minimum licensing requirements;(3) identifying agencies that Oklahoma Department of Human Services (DHS) consults with prior to promulgating child care licensing rules;(3) expanding the role of the Oklahoma Commission on Children and Youth (OCCY) representative;(4) expanding membership of the standing subcommittees;and (5) clarifying Peer Review Board representation.
EMERGENCY APPROVAL:Emergency rulemaking is requested to comply with state statute changes with an effective date of November 2, 2016.
LEGAL AUTHORITY:Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes (O.S. 56 § 162) and 10 O.S. § 404.
Rule Impact Statement
To:Programs administrator
Office of Intergovernmental Relations and Policy
From:Lesli Blazer, Director
Child Care Services
Date:August 3, 2016
Re: CHAPTER 110. LICENSING SERVICES
Subchapter 1. General Provisions
Part 1. Licensing Services - Child Care
OAC 340:110-1-17 [AMENDED]
(Reference WF 16-07)
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 1, Part 1, amend Child Care Advisory (CCAC) by-laws.The passage of Senate Bill (SB) 1211 during the 2016 legislative session amended Section 404 of Title 10 of the Oklahoma Statues (10 O.S. § 404), Oklahoma Child Care Facilities Licensing Act.Statutory amendments include:(1) revising the responsibilities of CCAC members;(2) revising the process of the development of minimum licensing requirements;(3) identifying agencies that Oklahoma Department of Human Services (DHS) consults with prior to promulgating child care licensing rules;(3) expanding the role of the Oklahoma Commission on Children and Youth (OCCY) representative;(4) expanding membership of the standing subcommittees;and (5) clarifying Peer Review Board representation.
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 compliance with revisions to state statute.Proposed amendments revise CCAC by-laws in accordance with SB 1211.
Substantive changes.
Subchapter 1. General Provisions
Part 1. Licensing Services - Child Care
Oklahoma Administrative Code (OAC) 340:110-1-17 is amended to address compliance with statutory revisions with SB 1211.These amendments revise the responsibility of CCAC members regarding the development of minimum licensing requirements and standards for child care programs.Responsibilities will include recommending not preparing minimum requirement language.The OCCY representative role has been expanded to include consulting with DHS regarding CCAC membership, standing subcommittee membership, and consultation prior to rules being promulgated by DHS.Standing subcommittee memberships were revised to reflect broader public, child care program, and state agency representation.Peer Review Board language was added to clarify role and representation.
Reasons.
Chapter 110, Subchapter 1, Part 1:The proposed revisions address compliance with Oklahoma statute by Passage of SB 1211 amending CCAC by-laws.
Repercussions.
Chapter 110, Subchapter 1, Part 1.The proposed revisions address compliance with amendments to 10 O.S. § 404 of the Oklahoma Child Care Facilities Licensing Act with passage of SB 1211 by amending CCAC by-laws.If amendments are not made DHS will not be compliant with Oklahoma statute regarding CCAC by-laws and the development of minimum child care licensing requirements.
Legal authority.
Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes (O.S. 56 § 162) and 10 O.S. § 404.
Emergency rulemaking approval is requested.
Emergency rulemaking is requested to comply with state statute changes with an effective date of November 2, 2016.
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 CCAC members, licensed family child care homes, child care centers, day-camps, drop-in, out-of-school time programs, part-day and programs for sick children, residential programs, and child-placing agencies; 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 CCAC members, licensed family child care homes, child care centers, day-camps, drop-in, out-of-school time programs, part-day and programs for sick children, residential programs, and child-placing agencies; 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:There is no anticipated economic impact of proposed rules.
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) revising, printing and mailing of DHS publications estimated at $17,000.These costs will come from DHS agency funding.
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.The amendments require a broader representation of the public, child care programs, state agencies and health professionals providing input regarding child care issues as subcommittee memberships are expanded.
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:No adverse economic impact is anticipated.
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 amendments are necessary for DHS and CCAC to comply with 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 broader representation of standing subcommittees and input regarding child care issues from the public, child care programs, state agencies and health professionals.
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 DHS and CCAC will not be in compliance with state statute regarding the development of minimum licensing requirements.
K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared August 3, 2016; modified October 7, 2016.
Subchapter 1. General Provisions
Part 1. Licensing Services - Child Care
340:110-1-17. Child Care Advisory Committee bylaws
Revised 11-1-1611-2-16
(a) Purpose.The purpose of the Child Care Advisory Committee (CCAC) is to:
(1) carry out the provisions of the Oklahoma Child Care Facilities Licensing Act (Licensing Act), Section 404 of Title 10 of the Oklahoma Statutes to:
(A) ensure maintenance of minimum standards for the care and protection of children away from their homes, including:
(i) constructive programs and services to meet the needs of each child and family;
(ii) personnel of good moral character and ability to care for children;
(iii) adequate and safe housing, sanitation, and equipment;
(iv) good health care;
(v) full educational and religious opportunities;
(vi) good community relationships;
(vii) essential records and administrative methods; and
(viii) sufficient funds for sound operation;
(B) encourage and assist child care facilities toward maximum standards; and
(C) work for the development of sufficient and adequate services for child care through joint work with public and private agencies;
(2) prepare and recommend minimum requirements and standards for child care programs for promulgation by the Oklahoma Department of Human Services (DHS);.
Rules are promulgated after consultation with:
(A) Oklahoma State Department of Health (OSDH);
(B) Oklahoma State Department of Education (OSDE);
(C) Oklahoma State Bureau of Investigation (OSBI);
(D) the Office of the Oklahoma State Fire Marshal (OSFM);
(E) Oklahoma Commission on Children and Youth (OCCY);
(F) Oklahoma Department of Mental Health and Substance Abuse Services (OSDMHSAS); and
(G) other agencies deemed necessary by DHS.
(3) serve in an advisory capacity to DHS for developing quality child care programs and services; and
(4) educate the public and consumers regarding quality child care.
(b) Function.The CCAC function is to:
(1) become informed on DHS programs and policies regarding children;
(2) express the needs and concerns of the community and the State of Oklahoma as they relate to the care and treatment of children; and
(3) express recommendations for change, including the approval of revisions to minimum requirements and encouraging maximum standards for child care.
(c) Membership.
(1) Representation.CCAC provides names for consideration of new appointments and reappointments of members to the Child Care Services (CCS) director.The CCS director in consultation with the OCCY representative, makes recommendations for membership to the DHS Director.Members are appointed to serve at the pleasure of the DHS Director, based on expertise, experience, and leadership in the field of child care.
(A) CCAC, at a minimum, consists of 18 members.
(B) The majority are representatives of programs licensed by DHS to care for children.
(C) Other members include at least one representative from the Oklahoma State Department of Health OSDH; the Oklahoma State Department of Education OSDE; the Office of the State Fire Marshal OSFM; tribal agencies; and CCS.These representatives are exempt from term limits.
(D) Other members include associations and agencies as recommended to the DHS Director, such as the Oklahoma Child Care Association, Oklahoma Children's Agencies and Residential Enterprises Incorporated (OK-CARE), Oklahoma Department of Mental Health and Substance Abuse Services OSDMHSAS, OSBI, Oklahoma Association of Youth Services, Office of Juvenile Affairs, Early Childhood Association of Oklahoma, and Head Start.
(E) A representative from the Oklahoma Commission on Children and Youth OCCY serves as an ex-officio member.
(2) Terms of office.
(A) The terms of CCAC members are for three years with a two-consecutive-term limit.
(B) Members may be recommended for reappointment after completing the first term of office.
(3) Officers.The officers of CCAC are chairperson, vice-chairperson, and secretary.
(A) Chairperson.The chairperson is responsible for:
(i) presiding over all meetings;
(ii) planning the meeting agenda, at least 14-calendar days in advance, in coordination with CCS;
(iii) appointing members of subcommittees, in consultation with the CCS director and OCCY representative; and
(iv) moderating public hearings; and
(v) serving as CCAC spokesperson.
(B) Vice-Chairperson.The vice-chairperson works closely with the chairperson, assumes the responsibilities of the chairperson in his or her absence, and attends public hearings.
(C) Secretary.The position of secretary is held by the CCS representative.The secretary is responsible for accurately recording the minutes of each meeting and making them available to the members prior to the next meeting.A permanent copy of the minutes is maintained by CCS.
(4) Election of officers and terms of office.
(A) Upon vacancy of office, the chairperson and vice-chairperson are elected by a majority vote of members present during the next quarterly meeting following the office vacancy.Officers assume duties during the meeting in which the election is held.
(B) Terms of office are for one year.Officers may be elected to serve in one office for a maximum of three terms.
(5) Standing Subcommittees.
(A) Subcommittees are appointed by the chairperson with consultation from CCS and are designated to:
(i) draft licensing requirements for child care programs and services;
(ii) study CCAC concerns; and
(iii) address special issues of CCAC.
(B) The chairperson of the subcommittee is a CCAC member.
(C) Subcommittee members include representatives of child care programs and services with experience and expertise in the field of child care and children's services.
(D) Subcommittees appointed to draft licensing requirements for child care programs:
(i) present recommendations to CCAC for approval prior to being approved by the DHS Director and the Governor;
(ii) have a majority of members who represent private child care programs affected by the requirements; and
(iii) include representatives from licensing, including supervisory and field staff.
(E) Standing subcommittees expand the opportunity for child care program operators to identify quality improvement resources, express concerns facing the industry, and recommend issues for consideration by CCAC.
(i) The chairpersons of four standing subcommittees are CCAC members and appointed by CCAC chairperson.Standing subcommittees represent:
(I) family child care homes;
(II) child care centers, day camp, drop-in, out-of-school time and part-day programs, and programs caring for sick children;
(III) residential and child-placing agencies; and
(IV) the quality rating and improvement system (QRIS) program.
(ii) Standing subcommittee members are identified and recruited by the standing subcommittee chairpersons with CCS and OCCY consultation.Membership meets representation as described in 10 O.S. § 404.
(iii) Standing subcommittees meet a minimum of twice a year.
(iv) The standing subcommittee chairperson provides a written report to CCAC, at least twice a year.
(v) CCS state office staff attend standing subcommittee meetings and serve as a resource.
(F)(B) A standing membership subcommittee helps to insure a broad representation of licensed programs are included within CCAC.The OCCY representative serves on the standing membership subcommittee and consults with CCS director to identify appropriate CCAC members.
(i) The chair chairperson of the standing membership subcommittee works closely with other CCAC officers and provides oversight to the standing membership subcommittee.
(ii) The membership subcommittee meetings are held at least quarterly, prior to CCAC meetings.
(iii) The membership subcommittee chairperson provides a written quarterly report to CCAC.
(iv) The membership subcommittee recommends to CCAC:
(I) the names of individuals for new appointments;
(II) the re-appointment of existing members based upon attendance and participation on CCAC subcommittees; and
(III) a slate of officers.
(6) Peer Review Board.CCAC identify members to serve on a Peer Review Board and participate in the DHS grievance process as described in Oklahoma Administrative Code (OAC) 340:110-1-15 and 340:110-1-54.A majority of the Peer Review Board are representatives of licensed child care facilities.
(d) Meetings.
(1) Frequency.CCAC meets quarterly.Additional meetings may be called or regular meetings cancelled at the discretion of the chairperson and CCS representative.
(2) Quorum.A minimum of one third plus one member or designee must be present for a quorum.
(3) Voting.All members or designees must receive orientation on the goals and practices of CCAC prior to voting.
(4) Attendance.Committee members or designees must attend at least two CCAC meetings a year or may be removed from the committee at the discretion of the CCAC or DHS Director.
(5) Active participation.CCAC members or designees are required to serve on subcommittees annually.
(6) Guidelines.The practices of the CCAC are compatible with the Licensing Act.
(7) Rules of order.Robert's Rules of Order, as amended, are used to govern the meetings.
(e) Change of bylaws.Bylaws may be altered, amended, or repealed only by a majority vote of the CCAC, provided written notice of the proposed action is given in the call to the meeting and a quorum is present.Child Care Services prepares bylaw revisions based on input and recommendations from CCS and CCAC.Proposed revisions are presented to CCAC for comment and forwarded for approval through the legislative rulemaking process.
