COMMENT DUE DATE:
February 15, 2018
DATE:
January 16, 2018
Mitzi Lee, Child Care Services 405-521-2556
Dena Thayer, Programs Administrator 405-521-4326
RE:
APA WF 18-110A
The proposed policy is Permanent . This proposal is subject to Administrative Procedures Act
A public hearing is scheduled for 10:00 a.m. on February 21, 2018, at DHS, Sequoyah Memorial Office Building, 2400 N. Lincoln Boulevard, Oklahoma City, Oklahoma 73105, Room C-48.Anyone who wants to speak must sign in at the door by 10:05 a.m.
SUBJECT:CHAPTER 110. LICENSING SERVICES
Subchapter 1. General Provisions
Part 1. Licensing Services - Child Care
340:110-1-8.4 through 340:110-1-8.9 [AMENDED]
Subchapter 3. Licensing Standards for Child Care Facilities
Part 9. Requirements for Residential Child Care Facilities
340:110-3-146 [AMENDED]
340:110-3-152 [AMENDED]
340:110-3-154 [AMENDED]
340:110-3-170 [NEW]
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
340:110-3-284.2 [AMENDED]
(Reference WF 18-08)
SUMMARY:The proposed amendments to Chapter 110, Subchapter 1, Part 1 amend Child Care Services (CCS) procedures for the Quality Rating and Improvement System (QRIS) program certification process and criteria.Licensed child care programs impacted by the proposed amendments include:(1) family child care homes; (2) child care centers; (3) day-camps; (4) drop-in programs; (5) out-of-school time programs; (6) part-day programs; and (7) programs for sick children.
The proposed amendments to Chapter 110, Subchapter 3, Part 9 amend licensing requirements for residential child care facilities by including requirements for family-style living programs and ensuring confidentiality of resident grievance information.
The proposed amendments to Chapter 110, Subchapter 3, Part 15 amend licensing requirements to allow a director meeting master teacher qualifications to count as a master teacher, regardless of the program's licensed capacity.Licensed child care programs impacted by the proposed amendments include:(1) child care centers; (2) day-camps; (3) drop-in programs; (4) out-of-school time programs; (5) part-day programs; and (6) programs for sick children.
On June 10, 2015, residential child care facilities operating in a family-style living environment requested the Child Care Advisory Committee (CCAC) consider the development of requirement language identifying the specific services and environments provided to residents in this group setting.A group of programs met to determine the need and scope of these revisions.On September 9, 2015, CCAC appointed a revision subcommittee to develop requirement language.On March 8, 2017, CCAC reviewed proposed requirement language and requested to move forward with recommended revisions.Licensed programs impacted by the proposed amendments include family-style living programs.
Office of Client Advocacy (OCA) requested revisions to licensing requirements regarding maintenance of resident grievance information.To ensure confidentiality, grievance files will be maintained separately from resident records.Licensed programs impacted by the proposed amendments include residential child care programs.
PERMANENT APPROVAL:Permanent rulemaking is requested.
LEGAL AUTHORITY:Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes (56O.S. § 162); 10 O.S. § 404, the Oklahoma Child Care Facilities Licensing Act.
Rule Impact Statement
To:Programs administrator
Legal Services - Policy
From:Lesli Blazer, Director
Child Care Services
Date:December 18, 2017
Re: TITLE 340. DEPARTMENT OF HUMAN SERVICES
CHAPTER 110. LICENSING SERVICES
Subchapter 1. General Provisions
Part 1. Licensing Services - Child Care
340:110-1-8.4 through 340:110-1-8.9 [AMENDED]
Subchapter 3. Licensing Standards for Child Care Facilities
Part 9. Requirements for Residential Child Care Facilities
340:110-3-146 [AMENDED]
340:110-3-152 [AMENDED]
340:110-3-154 [AMENDED]
340:110-3-170 [NEW]
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
340:110-3-284.2 [AMENDED]
(Reference WF 18-08)
Contact: Mitzi Lee, Programs Manager, 405-521-2556
A.Brief description of the purpose of the proposed rule:
The proposed amendments to Chapter 110, Subchapter 1, Part 1 amend Child Care Services (CCS) procedures for the Quality Rating and Improvement System (QRIS) program certification process and criteria.Licensed child care programs impacted by the proposed amendments include:(1) family child care homes; (2) child care centers; (3) day-camps; (4) drop-in programs; (5) out-of-school time programs; (6) part-day programs; and (7) programs for sick children.
The proposed amendments to Chapter 110, Subchapter 3, Part 9 amend licensing requirements for residential child care facilities by including requirements for family-style living programs and ensuring confidentiality of resident grievance information.
The proposed amendments to Chapter 110, Subchapter 3, Part 15 amend licensing requirements to allow a director meeting master teacher qualifications to count as a master teacher, regardless of the program's licensed capacity.Licensed child care programs impacted by the proposed amendments include:(1) child care centers; (2) day-camps; (3) drop-in programs; (4) out-of-school time programs; (5) part-day programs; and (6) programs for sick children.
On June 10, 2015, residential child care facilities operating in a family-style living environment requested the Child Care Advisory Committee (CCAC) consider the development of requirement language identifying the specific services and environments provided to residents in this group setting.A group of programs met to determine the need and scope of these revisions.On September 9, 2015, CCAC appointed a revision subcommittee to develop requirement language.On March 8, 2017, CCAC reviewed proposed requirement language and requested to move forward with recommended revisions.Licensed programs impacted by the proposed amendments include family-style living programs.
Office of Client Advocacy (OCA) requested revisions to licensing requirements regarding maintenance of resident grievance information.To ensure confidentiality, grievance files will be maintained separately from resident records.Licensed programs impacted by the proposed amendments include residential child care programs.
Strategic Plan Impact.
The proposed amendments achieve Oklahoma Department of Human Services (DHS) goals by continuously improving systems and processes impacting licensed child care and residential programs.
Substantive changes.
Subchapter 1. General Provisions
Part 1. Licensing Services - Child Care
Oklahoma Administrative Code (OAC) 340:110-1-8.4 is amended to align CCS terminology.
OAC 340:110-1-8.5 is amended to:(1) align CCS terminology; (2) clarify CCS practice and procedure; (3) clarify the use of Oklahoma Core Competencies; and (4) clarify content and the use of personnel policies.
OAC 340:110-1-8.6 is amended to:(1) align CCS terminology; (2) clarify CCS practice and procedure; (3) align master teacher qualifications with the Oklahoma Professional Development Ladder certificate language; (4) clarify master teacher employment in out-of-school time programs; (5) establish a 90-calendar day timeframe for Early Learning Guidelines (ELG) training for new master teachers and primary caregivers; (6) provide an allowance for master teachers to be employed in more than one program when program hours do not overlap; (7) allow directors meeting master teacher qualifications to count as master teachers, regardless of the program's capacity; and (8) revise director responsibilities by limiting directors to serve in only one program.
OAC 340:110-1-8.7 is amended to:(1) align CCS terminology; (2) clarify CCS practice and procedure; and (3) clarify the master teacher ratio for out-of-school time programs.
OAC 340:110-1-8.8 is amended to align CCS terminology and clarify that the use of ELG in lesson and curriculum development is developmentally appropriate.
OAC 340:110-1-8.9 is amended to align CCS terminology and clarify that parent conferences are held individually with families.
Subchapter 3. Licensing Standards for Child Care Facilities
Part 9. Requirements for Residential Child Care
OAC 340:110-3-146 is amended to align CCS terminology and provide a family-style living program definition.
OAC 340:110-3-152 is amended to align CCS terminology and ensure confidentiality of resident grievance record maintenance.
OAC 340:110-3-154 is amended to align CCS terminology and align requirements for resident grievance record maintenance.
OAC 340:110-3-170 is issued to develop licensing requirements for residential programs serving residents in a family-style living environment.Requirements include: (1) family-style living program definition; (2) maintenance of sibling relationships; (3) roles and responsibilities of house parents; (3) addressing program specific services in the areas of community involvement, life-skills, and peer relations; (4) meal time settings; and (5) physical facility and furnishings.
OAC 340:110-3-284.2 is amended to allow directors meeting master teacher qualifications to count as master teachers, regardless of the program's capacity;
Reasons.
Chapter 110, Subchapter 1, Part 1. The proposed amendments address needed clarifications of CCS practice and licensing procedures regarding the monitoring of QRIS criteria.Language addresses master teachers and out-of-school time program needs.Licensed child care programs impacted by the proposed amendments include:(1) family child care homes; (2) child care centers; (3) day-camps; (4) drop-in programs; (5) out-of-school time programs; (6) part-day programs; and (7) programs for sick children.
Chapter 110, Subchapter 3, Part 9.The proposed amendments require secure maintenance of resident grievance records and provide a definition of family-style living programs and requirements for specific program services.
Chapter 110, Subchapter 3, Part 15.The proposed amendments assist child care programs with the hiring and retention of master teachers by allowing directors meeting master teacher qualifications to count as master teachers, regardless of the program's capacity.
Repercussions.
Chapter 110, Subchapter 1, Part 1.The proposed amendments address:(1) needed clarifications for CCS staff when monitoring QRIS criteria providing consistent interpretation of CCS practice and better service for licensed child care programs; and (2) needs of the child care industry regarding master teachers.
Chapter 110, Subchapter 3, Part 9.The proposed amendments address:(1) secure maintenance of resident grievance records; and (2) definition of family-style living programs and requirements for specific program services.Proposed rules reflect the program and services offered in a family-style group setting.
Chapter 110, Subchapter 3, Part 15.The proposed amendments assist child care programs with the hiring and retention of master teachers by allowing directors meeting master teacher qualifications to count as master teachers, regardless of the program's capacity.
Legal authority.
Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes (56O.S. § 162); 10 O.S. § 404, the Oklahoma Child Care Facilities Licensing Act.
Permanent rulemaking approval is requested effective November 1, 2018.
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 amendments are CCS staff, licensed family child care homes, child care centers, day-camps, drop-in programs, out-of-school time programs, part-day programs, programs for sick children, residential programs, and families and children utilizing child care.
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 amendments are CCS staff, licensed family child care homes, child care centers, day-camps, drop-in programs, out-of-school time programs, part-day programs, programs for sick children, residential programs, and families and children utilizing child care.
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 the proposed amendments for family child care homes, child care centers, day-camps, drop-in programs, out-of-school time programs, part-day programs, programs for sick children, and residential programs.
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:Estimated costs associated with amended rules are:(1) $14,500 for printing and mailing revised QRIS resource publications and Licensing Requirements for Residential Child Care Programs; and (2) $6500 for revisions to the licensing database and monitoring systems.Payments of the costs are provided through CCS federal funding of the Child Care Development Block Grant.
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:Proposed amendments provide:(1) a consistent application of CCS policy and procedure for monitoring of QRIS criteria in licensed family child care homes, child care centers, day-camps, drop-in programs, out-of-school time programs, part-day programs, and programs for sick children; (2) a mechanism addressing the child care industry's concerns of master teachers; (3) identify specific program services provided by family-style living programs; and (4) secure maintenance of resident grievance records in a residential program.
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:There is no economic impact to licensed family child care homes, child care centers, day-camps, drop-in programs, out-of-school time programs, part-day programs, programs for sick children, or residential programs as amendments clarify CCS practice and provide requirements for family-style living programs and secure maintenance of resident grievance records.
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.
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 amendments allow:(1) consistent application of CCS policy and procedure for monitoring QRIS criteria for licensed family child care homes, child care centers, day-camps, drop-in programs, out-of-school time programs, part-day programs, and programs for sick children; (2) address child care industry concerns of master teachers; and (3) requirements for family-style living programs to address needs of children in these specific program settings.
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 amendments are not implemented:(1) CCS practice and licensing procedures will not be clarified and consistent application of monitoring of QRIS criteria could impact the quality of children's care; (2) the child care industry's concerns of master teachers would not be addressed; and (3) specific program definitions and services of family-style living programs would not be identified.
K.The date the rule impact statement was prepared and, if modified, the date modified:Prepared May 22, 2017; modified December 18, 2017.
SUBCHAPTER 1. GENERAL PROVISIONS
PART 1. LICENSING SERVICES – CHILD CARE
340:110-1-8.4. Licensing status and compliance for differential quality rating and improvement certification criteria
Issued 11-1-16Revised 11-1-18
(a) Licensing status criteria for one star plus, two star, and three star levels.For star certification, programs must have a license or permit.
(b) Compliance criteria for one star plus, two star, and three star levels.The monitoring visits and substantiated complaints for the last 24 months of operation are reviewed.The licensing record from the applicant's previous licenses, if any is considered.Numerous, repeated, and serious non-compliance per Oklahoma Administrative Code (OAC) 340:110-1-9.3 are considered when approving or denying star certification.¢ 1 & 2The request for star certification may be denied or status may bethe level reduced, ifwhen:
(1) there are numerous, repeated, or serious non-compliance with applicable licensing requirements; or
(2) a serious incident resulting in injury or imminent risk of harm; or
(3) the program fails to employ a qualified director for six months or more.
INSTRUCTIONS TO STAFF 340:110-1-8.4
Revised 11-1-1611-1-18
1. Numerous non-compliances during the initial licensing visit prior to permit, may be disregarded when evaluating compliance ifwhen all items were corrected in a timely manner.
2. Military and tribal child care programs exempt from state licensure located in Oklahoma may apply forrequest star certification and submit copies of monitoring visits for the last year to demonstrate compliance with applicable child care licensing requirements.A visit is made by thePrior to certification approval, quality rating and improvement system (QRIS) personnel or designee prior to approval to verifyconduct a visit, verifying compliance with certification criteria.An annual visit is made to the program to determine continued compliance, including a review of the monitoring visits for the last 24 monthsQRIS personnel or designee conduct an annual criteria review including monitoring visits.Out-of-state child care programs are not eligible for star certification.
340:110-1-8.5. Administrative differential quality rating and improvement certification criteria
Revised 11-1-1611-1-18
(a) Criteria one star plus centers.Administrative criteria listed in (1) – (4) of this subsection are required.
(1) TheAt least annually, the director or supervising personnel evaluates personnel in writing usingutilizing the Oklahoma Core Competencies, and developsassists personnel in developing the educational professional development plan, at least annually.
(2) The program provides an employee handbook forPersonnel policies are provided to personnel including information onupon employment and when revisions are made.These policies include information on personnel hiring and firing, job duties and responsibilities, professional development requirements, child abuse reportingincluding minimum professional development hours required, and personnel attendance policy.Personnel policies are maintained on site.
(3) Programs are registered as a direct care organization with the Oklahoma Professional Development Registry (OPDR) by following and maintaining all items listed in the Direct Care Facility Guide Handbook.
(4) Program personnel counted in staff-child ratio are OPDR members of the OPDR and have current professional development ladderhaving current Professional Development Ladder (PDL) certificates.New personnel counted in staff-child ratio must be listedverified on the registryOPDR having current PDL certificates within 12 months of employment.¢ 1
(b) Criteria two star and three star centers.Administrative criteria listed in subsection (a) of this Section and (1) – (2) of this subsection are required.
(1) A The personnel policy and procedure manual is maintained on site for personnel and includes the program's mission or vision statement, information on organizational structure, and code of professional conduct.
(2) A minimum of two personnel meetings are conducted annually and includeincluding time to discussdiscussing quality and its impact on the program.
(c) Criteria one star plus homes.Administrative criteria listed in (1) – (2) of this subsection are required.
(1) The primary caregiver is aan OPDR member of the OPDR and hashaving a current professional development ladderPDL certificate.¢ 2
(2) Assistant caregivers are OPDR members of the OPDR and havehaving current professional development ladderPDL certificates.¢ 31
(d) Criteria two and three star homes.Administrative criteria listed in subsection (c) of this Section and (1) - (2) of this subsection are required.
(1) The owner or primary caregiver has a written job description for any assistant caregivercaregivers defining the assistant's responsibilities.
(2) Assistants are evaluated in writing annually by the owner or primary caregiver, including developing the educational professional development plan.
INSTRUCTIONS TO STAFF 340:110-1-8.5
Revised 11-1-1611-1-18
1.Verification of Oklahoma Professional Development Registry (OPDR) registration will occuroccurs as licensingLicensing staffreviews professional development records for compliance with trainingprofessional development criteria.Registration for personnelProgram personnel and assistant caregiver OPDR registration is due by the end of theirthe 12th month of theirthe first employment year of employment.
2. Verification of OPDR registration will occuroccurs as licensingLicensing staff reviews professional development records for compliance with professional development criteria.RegistrationOPDR registration for primary caregiver/ownerscaregiver/owner is due during the month of their request for license date and prior to approval for a higher star certification level.When employing a new primary caregiver, who is not an owner, OPDR registration is due prior to qualifications approval.
3. Verification of registration will occur as licensing reviews professional development records for compliance with professional development criteria.Registration for assistant caregivers is due by the end of their 12th month of their first year of employment.
340:110-1-8.6. Director, personnel, and primary caregiver qualifications for differential quality rating and improvement certification criteria
Issued 11-1-1611-1-18
(a) Master teacher and primary caregiver qualifications for two and three star levels.Master teachers and primary caregivers must be employed on-site on a full-time basis and trained in Oklahoma's Early Learning Guidelines. An individual is not counted as a master teacher, director, or primary caregiver at more than one program, unless the programs do not operate concurrently at any given time.Required criteria listed in (1) – (3) of this subsection include:¢ 1
(1) Master teachers meet and maintain one of the requirements in (2)(A) through (H) of this subsection.a current Oklahoma Professional Development Ladder (OPDL) certificate of Level 3, specifically met by an Oklahoma Competency Certificate with a Master Teacher emphasis, or Level 4 or higher;
(2) Primary caregivers meet and maintain one of the requirements in (A) through (I) of this paragraph.
(A) Occupational child care competency certificate for master teacher or lead teacher through an Oklahoma technology center and three months of satisfactory full-time experience in a licensed or legally exempt child care setting.
(B)Current Child Development Associate (CDA) or Certified Childcare Professional (CCP) credential.
(C) Certificate of Mastery in early childhood education or child development from an accredited Oklahoma college or university.¢ 2
(D) Thirty-college credit hours from an accredited college or university, including 15-credit hours in early childhood education, child development, or other coursework supporting working with children.
(E) Four-year degree from an accredited college or university with six-college credit hours in early childhood education, child development, or other coursework supporting working with children.
(F) Two- or four-year degree from an accredited college or university in early childhood education or child development.
(G) A valid teaching certificate in early childhood education from the Oklahoma State Department of Education.
(H) Current Oklahoma Professional Development Ladder (OPDL) certificate of Level 3, specifically met by an Oklahoma Competency Certificate with a Master Teacher emphasis or Level 4 or higher.
(I) If approved prior to June 1, 2004, the provider may continue to meet this criteria if the provider maintains 120 hours of job-related professional development within the last five years, five years of full-time experience in a licensed or legally exempt child care setting, and every two years receives a minimum score of 5.0 on the Family Child Care Environment Rating Scale – Revised.¢ 3 trained in Oklahoma's Early Learning Guidelines (ELG); however, new master teachers and primary caregivers hired or assuming the responsibilities after certification are trained within 90-calendar days; and
(3) employment on-site, full-time; however, out-of-school time master teachers are on-site at least 50 percent of the weekly operating hours.¢ 2
(b) Out-of-school time master teacher qualifications.In programs licensed as out-of-school time programs, the master teacher must be employed and on-site at least 50 percent of the weekly operating hours.The master teacher must currently meet and maintain either:
(1) one of the qualifications in (a) of this Section; however, a degree or coursework in (a)(2)(C) through (G) may also be in elementary education, recreation, or other coursework supporting working with children, families, and the community; or
(2) 120-clock hours of professional development within the last five years, one year of full-time experience in a licensed or legally exempt out-of-school time program, and every two years receive a minimum score of 5.0 on the School-Age Environment Rating Scale Updated Edition (SACERS-U), in a classroom where the master teacher is the lead teacher.¢ 4 & 5
(c) Master teachers required for two and three star centers.There is a full-time master teacher for every 30 children of the licensed capacity.
(1) Programs licensed as out-of-schoolOut-of-school time programs must have a master teacher for every 40 children of the licensed capacity.
(2) An individual is not counted as a master teacher, director, or primary caregiver in more than one program or considered a master teacher in one program and a director of another program, unless the programsscheduled hours of employment in each program do not operate concurrentlyoverlap at any given time.
(d)(c) Director as master teacher.The director may be counted as a master teacher only when the licensed capacity is 30 or less.The director may be counted as a master teacher in programs licensed as out-of-school time programswhen meeting master teacher qualifications in (a) of this Section, regardless of the program's licensed capacity.
(e)(d) Master teacher responsibilities.Master teachers work directly with children and support other teaching personnel with responsibilities, such as program development, weekly lesson plans, use of space and equipment, interactions with parents, and program evaluation.
(e) Director responsibilities.An individual is not counted as director in more than one program.
INSTRUCTIONS TO STAFF 340:110-1-8.6
Issued 4-1-1711-1-18
1.(a) Prior to June 1, 2004, primary caregiver qualifications included obtaining:
(1) 120 hours of job related professional development within the last five years;
(2) five years of full-time experience in a licensed or legally exempt program; and
(3) a minimum score of 5.0 on the Family Child Care Environment Rating Scale Revised (FCCERS-R).
(b) When approved as outlined in (a) of this Instruction, qualifications may continue being met by maintaining 160 hours of professional development every five years.
(c) When an existing two or three star home closes, is reduced, or obtains another primary caregiver qualification, the primary caregiver may not use the 120/5/5 option to meet qualifications.
(d) FCCERS-R scores are not transferable from one program to another.
12.(a) Employment on a full-time basis is generally 30 hours a week during a program's operating hours.ForHowever, for employment at family child care homes, use 80 percent of the operating hours and for part-day and out-of-school time programs, use 50 percent of the weekly operating hours.
(b) In collaborations between Head Start, public schools, or child care programs, personnel is counted as a master teacher when the individual:
(1) meets employment outlined in Instructions to Staff # 1(a) of this Instruction;
(2) has personnel records on file; and
(3) fills the role of master teacher per Oklahoma Administrative Code (OAC) 340:110-1-8.6(e)(d).
2.An accredited college or university is a college or university whose accreditation is accepted by the United States Secretary of Education and recognized and accepted by Child Care Services.
3. When a primary caregiver was approved for two or three star status prior to June 1, 2004, and qualifies per OAC 340:110-1-8.6(a)(2)(I), the primary caregiver may continue to meet the qualifications with these criteria by maintaining 160 hours of professional development every five years.When an existing two or three star home closes, is reduced, or obtains another primary caregiver qualification, the primary caregiver may not use the 120/5/5 option to meet the home providerqualifications.Family Child Care Environment Rating Scale-Revised (FCCERS-R) scores are not transferable from one program to another.
4.When an out-of-school time program previously qualified its personnel as master teachers by using the School-Age Care Environment Rating Scale Updated Edition (SACERS-U) score, those master teachers may continue to meet qualifications with these criteria by maintaining 160 hours of professional development every five years.Effective November 2, 2016, use of the SACERS-U in meeting master teacher qualification is no longer offered.SACERS-U scores are not transferable from one program to another.
5.When a program closes, is reduced, or the master teacher leaves the program, the program or personnel may not use the 120/5/5 option to meet master teacher qualifications.
340:110-1-8.7. Professional development for differential quality rating and improvement certification criteria
Revised 11-1-1611-1-18
(a) Director professional development requirementscriteria for one star plus, two star, and three star centers.No more than six hours of informal professional development as defined per Professional Development Ladder (PDL) certification may be counted in total hours.Director qualifications listed in (1) – (4)(3) of this subsection are required.
(1) The director must have documentation of at least two college credits or 30-clock hours of job-related professional development within the last 12 months prior to request for star certification.
(2) When a new director is hired, the director must have documentation of at least two college credits or 30-clock hours of job-related professional development within the last 12 months prior to employment.IfWhen the new director does not have two college credits or 30-clock hours of professional development, the program is required to submit a written plan to licensingLicensing staff for correcting the violation within 90-calendar days of the new director's hire date.
(3) In subsequent years of star status certification, the director must have documentation of at least two college credits or 30-clock hours of job-related professional development per Professional Development LadderPDL certification.
(4) An individual is not counted as a center master teacher, director, or primary caregiver at more than one program, unless the programs do not operate concurrently at any given time.
(b) Personnel professional development requirementscriteria for one star plus, two star, and three star centers.No more than six hours of informal professional development per Professional Development LadderPDL certification may be counted in total hours.Personnel qualifications listed in (1) – (5)(3) of this subsection are required for all programs, in addition one star plus programs must meet criteria listed in (4) of this subsection.
(1) At application, center personnel employed at the program for at least 12 months and counted toward meeting the staff-child ratio must have at least two college credits or 20-clock hours of job-related professional development per employment yearPDL certification.At initial request for star certification, professional development may be counted if obtained within the last 12 months or within the personnel's employment year.¢ 1
(2) After initial approval for certification, the professional development criteria of at least two college credits or 20-clock hours of job-related professional development must be met within the personnel's Professional Development LadderPDL certification.
(3) The professional development requirement applies to part-time personnel and substitutes who havehaving worked at the program more than a total of 80 hours.Personnel performing only auxiliary duties, such as cooking, transportation, or maintenance are exempt from this professional development requirement.
(4) One personnel for every 30 children of the licensed capacity must actively work toward the educational requirementscriteria to obtain master teacher qualifications.For out-of-school time programs, one personnel for every 40 children of the licensed capacity must actively work toward the educational criteria to obtain master teacher qualifications.¢ 21
(5) Personnel working toward or meeting master teacher qualifications are trained in Oklahoma's Early Learning Guidelines.
(c) Primary caregiver professional development requirementscriteria for one star plus, two star, and three star homes.No more than six hours of informal professional development per Professional Development LadderPDL certification may be counted in total hours.Primary caregiver qualifications listed in (1) – (2)(3) of this subsection are required for all homes and, in addition primary caregivers in one star plus homes must also meet criteria listed in (4) of this subsection.
(1) At request for star certification, the primary caregiver must have documentation of at least two college credits or 20-clock hours of job-related professional development per PDL certification.At initial request for star certification, the professional development may be counted if obtained within the last 12 months or within the primary caregiver's employment year.¢ 1
(2) After approval for certification, the professional development criteria must be met within the primary caregiver's Professional Development LadderPDL certification.
(A)(3) The primary caregiver has a written educational professional development plan keptreviewed annually, updated as needed, and maintained on file in the home.The educational professional development plan is reviewed annually and updated as needed.
(B)(4) The primary caregiver must actively work toward the education requirements to obtain the providereducational criteria to meet primary caregiver qualifications.¢ 21
(C) The primary caregiver is trained in Oklahoma's Early Learning Guidelines.
(d) Assistant caregiver professional development for one star plus, two star, and three star level homes.No more than six hours of informal professional development per Professional Development LadderPDL certification may be counted in total hours.Assistant caregiver qualifications listed in (1) – (2) of this subsection are required.
(1) Any assistant caregiverAssistant caregivers employed for at least 12 months must have documentation of at least two college credits or 20-clock hours of job-related professional development per Professional Development LadderPDL certification.
(2) The assistant caregiver has a written educational professional development plan reviewed annually, updated as needed, and maintained on file in the home.The educational professional development plan is reviewed annually and updated as needed.
INSTRUCTIONS TO STAFF 340:110-1-8.7
Revised 11-1-1611-1-18
1.There may be an overlap in professional development hours when converting from certification year to employment year.Professional development counted during the personnel's last 12 months may be counted again when reviewing professional development for the employment year.The employment date for a primary caregiver/owner is based on the date of request for license.The employment date for a primary caregiver employed by the owner is based on the personnel's hire date.
2.The potential providerprimary caregiver or master teacher of a one star plus program, within every star certification year or Professional Development Ladder (PDL) certification, receives at least:
(1) three college credits toward a Certificate of Mastery, Child Development Associate (CDA), or Childcare Professional (CCP);
(2) three college credits in Early Childhood Education (ECE) or Child Development (CD); or
(3) 40-clock hours of professional development toward CDA or CCP.
340:110-1-8.8. Learning environment differential quality rating and improvement certification criteria
Revised 11-1-1611-1-18
(a) Criteria for one star plus centers.Learning environment criteria listed in (1) – (2) of this subsection are required.
(1) Space for children 2 years of age and older is arranged in well-defined and equipped interest areas in each classroom to facilitatefacilitating a variety of activities and must includeincluding music and movement for children 2 years of age and older.
(2) Television or other screen time is not used for children 1-year-old or1 year of age and younger.¢ 1
(b) Criteria for two and three star centers.Learning environment criteria listed in subsection (a) of this Section and (1) – (2)(3) of this subsection are required.
(1) Space for children 2 years of age and older is arranged in well-defined and equipped interest areas in each classroom to facilitatefacilitating a variety of activities and must includealso including math, music and movement, and science or nature for children 2 years of age and older.The program has at
(2) At least two learning centers are available outdoors for children's use.¢ 2
(2)(3) The program utilizes developmentally appropriate Oklahoma Early Learning Guidelines as a resource for lesson and curriculum planning.¢ 3
(c) Criteria for one star plus homes.Learning environment criteria listed in (1) – (4) of this subsection are required.
(1) A written daily schedule reflecting a balanced program of opportunities for learning, physical activity, indoor and outdoor play, rest periods, and meals is followed.
(2) The daily schedule is posted.
(3) Children are read to a minimum of 15 minutes each day.
(4) Television or other screen time is not used for children 1-year-old or1 year of age and younger.¢ 1
(d) Criteria for two and three star homes.Learning environment criteria listed in subsection (c) of this Section and in (1) – (2) of this subsection are required.
(1) Children have opportunities during the day to access art, block building, book reading, dramatic play, manipulative play, and music and movement.
(2) The providerprogram has a plan for transition times.
INSTRUCTIONS TO STAFF 340:110-1-8.8
Revised 11-1-1611-1-18
1.Screen time is defined as viewing electronic media with a screen, such as television (TV), digital video display (DVD), videos, video games, phones, and computers.Screen time includes viewing screens while others use the media.Exceptions to screen time include:
(1) electronic media involving physical activity participation;
(2) electronic media when used for children's homework;
(3) e-readers when used for reading;
(4) smart boards and tables when used for hands-on learning activities, such as drawing or puzzles;
(5) occasional special activities, such as watching a movie; and
(6) assistive or adaptive technology for children with disabilities.
2.The program provides at least two interest centers outdoors for children's use during outdoor play.Interest centers do not have toIt is not required that outdoor learning centers be permanently set up outdoors or made available during special group activities.
3.Out-of-school time programs may use Oklahoma Academic standards as a resource for lesson and curriculum planning.
340:110-1-8.9. Family engagement differential quality rating and improvement certification criteria
Revised 11-1-1611-1-18
(a) Criteria one star plus centers.Family engagement criteria listed in (1) – (7) of this subsection are required.
(1) A system is established and maintained for sharing with, and communicating to families the happenings, activities, and related issues about a child's physical and emotional state.
(2) Families are welcomed intoin the center at all times, for example, to eat lunch with a child, observe, or volunteer in the classroom.
(3) Individual parent conferences are arranged and documented to discuss and set goals regarding the child's progress, accomplishments, and challenges, at least annually and as needed.Documentation of parent conferences is maintained with the child's records.
(4) There isThe program provides a family resource area with books, pamphlets, or articles on parenting and community resources accessible to families.When provided electronically, resources are easily accessible and printable.
(5) At least two family meetings with guest speakers or special events are held each yearannually, such as open houses, brown bag lunches, family pot-luck dinners, and children's programs.
(6) Families are informed of the center'sThe program byinforms families using, at a minimum, two of these methods:
(A) bulletin board;
(B) newsletter;
(C) parent handbook;
(D) website, specific to each center location; or
(E) email.
(7) Families participate in program and policy development through board involvement and planning meetings or are given an opportunity to complete yearlyannual questionnaires.
(b) Criteria two and three star centers.Family engagement criteria listed in (a) of this Section are required.In addition, individual parent conferences are held at least twice a year and aannually.A written report about the child is provided to parents at the conference.
(c) Criteria one star plus homes.Family engagement criteria listed in (1) – (6) of this subsection are required.The primary caregiver:
(1) maintains a signed contract on file for each family including, but not limited to, policy concerning hours, fees, payment schedules, vacations, and terminations;
(2) encourages families to visit any timewhen their children are present and provides access to all parts of the home used for child care;
(3) arranges for, and documents individual parent conferences, to discuss and set goals regarding the child's progress, accomplishments, and challenges, at least annually and as needed.Documentation of parent conferences is maintained with the child's records;
(4) provides opportunities for families to be involvedfamily involvement in the program's activities;
(5) has information available about common childhood issues and resources including health care, education, nutrition, and counseling services for families and children, and makes referrals as needed; and
(6) makes a copy ofensures applicable licensing requirements are available to families.
(d) Criteria two and three star homes.Family engagement criteria listed in (c) of this Section and (1) - (2) of this subsection are required.The primary caregiver:
(1) provides parents a minimum of two non-relative references, including contact information.Relative references are not accepted; and
(2) has and uses a system to communicate with families the happenings, activities, and related issues regarding their child's physical and emotional state.
SUBCHAPTER 3. LICENSING STANDARDS FOR CHILD CARE FACILITIES
PART 9. REQUIREMENTS FOR RESIDENTIAL CHILD CARE FACILITIES
340:110-3-146. Definitions
Revised 11-2-1511-1-18
The following words and terms, when used in this Part, shall have the following meaning, unless the context clearly states otherwise:
"Advisory board" means the entity that offersoffering advice and counsel on theoperation of a program operation.
"Age or developmentally appropriate" means per Section 1-1-105 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-1-105) suitable, developmentally appropriate activities for children of a certain age or maturity level based on the development of cognitive, emotional, physical, and behavioral capacities typical for the age group and the individual child.
"Basement" means an area of a building or structure having one-half or more of its clear height below grade level.
"Behavior management" means guidance that providesproviding a learning experience for the child that contributescontributing to developing the capacity for self-control, self-direction, and understanding of behavioral consequences.
"Chemical restraint" means medication prescribed by a health professional used to control behavior or to restrict freedom of movement and is not a standard treatment for the child's medical or psychiatric condition.
"Child" means an individual younger than 18 years of age.
"Child Care Restricted Registry," or "Restricted Registry," also named"Joshua's List" means a registry for registrants who are prohibited from licensure, ownership, employment, having unsupervised access to children, and/or residence in child care facilities per 10 O.S. § 405.3.
"Child care staffpersonnel" means staffpersonnel, including part-time, on-call, and substitute staff, who providepersonnel, providing direct care and supervision of residents.To be counted as required child care staff, workersin ratios, personnel must be engaged in providing care and meeting the minimum qualifications for child care staff.
"Children's services" means an educational program, child welfare agency, child-serving institution, child-placing agency, foster family home, hospital, or mental health treatment program that servesserving children.
"Children's shelter" means a non-secure public or private residential program that providesproviding temporary care and supervision for children.
"Contracted personnel" means individuals who performperforming program services for the program who do not havenot having an employee relationship with the program.
"Custodian" means the adult or agency legally responsible for the child, but does not mean the Oklahoma Department of Human Services (DHS).
"Department" means the Oklahoma Department of Human Services (DHS).
"Family-style living program" means a residential program providing sustained care and supervision to residents in a home like environment not located in a building used for commercial activity.
"Food" means a raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use in whole or in part for human consumption.
"Governing board" means the entity with ultimate responsibility and authority for the overall operation of a private, nonprofit program.
"Grievance process" means an identified procedure followed when a parent, child, or individual acting in the child's behalf, desires to document dissatisfaction regarding the operation of the program operation.
"Health care professional" means a licensed physician, nurse practitioner, or physician's assistant, as defined by the appropriate state licensing board.
"House parent" means an individual or couple providing care and supervision, while meeting the physical, emotional, and social needs of residents residing in a family-style living program.
"Interstate Compact on the Placement of Children (ICPC)" means the process of ensuring protection and services to children who are placed across state lines.
"Licensed mental health professional" means an individual possessing the training, qualifications, and professional recognition in a mental health-related field and hashaving a license issued by the appropriate state board.
"Licensed social worker" means a social worker who hashaving a license issued by the State Board of Licensed Social Workers.
"Licensing requirements for residential child care facilities" means the regulations specified in this Part that constituteconstituting the minimum requirements for residential programs.
"Mechanical restraint" means a device that restrictsrestricting movement or function of a child or portion of a child's body.
"On-call," or "substitute staffpersonnel" means staffpersonnel available to work during the absence of regular part-time or full-time staffpersonnel.
"Organizational structure" means the legal basis or ownership of the program legal basis or ownership.
"OSDH" means the Oklahoma State Department of Health.
"Parent" means an individual who is legally responsible for the child, such as a mother, father, legal custodian, or legal guardian.
"Physical restraint" means using the body to restrict movement or function of a child or portion of a child's body.
"Potentially hazardous foods" means any food that containscontaining milk or milk products, eggs, meat, poultry, fish, shellfish, crustacean, or other ingredients in a form capable of supporting rapid and progressive growth of harmful microorganisms.
"Privately operated facilityprogram" means a program owned and operated by an individual, partnership, corporation, or association that may be operated on a profit or nonprofit basis.
"Proprietary facilityprogram" means a program that operatesoperating on a for-profit basis.
"Psychotropic medications" means medications with well-demonstrated efficacy in the treatment of mental disorders through the modification of behavior, mood, and emotions.
"Publicly operated facilityprogram" means a program operated by a governmental entity.
"Qualified Substance Abuse Professional (QSAP)" means an individual who meetsmeeting the criteria established by the Oklahoma Department of Mental Health and Substance Abuse Services.
"Reasonable and prudent parent standard" means per 10A O.S. § 1-1-105, the standard characterized by careful and sensible parental decisions maintaining the health, safety, and best interests of a child while at the same time encouraging the emotional and developmental growth of the child and is used in determining whether to allow a child to participate in extracurricular, enrichment, cultural, and social activities.This standard is used by a representative of a group home where a child has been placed or a designated official for a residential child care facility where a child in foster care has been placed.
"Regimented residential program" means a military-style training program where residents are subject to a controlled and regimented environment that affirmsaffirming dignity of self and respect for others and includes physical training and discipline.
"Restricted Registry," also named"Joshua's List" means a registry for individuals who are prohibited from licensure, ownership, employment, having unsupervised access to children, and/or residence in child care facilities per 10 O.S. § 405.3.
340:110-3-152. Organization and administration
Revised 11-2-1511-1-18
(a) Statement of intentIntent statement.The purpose or function of the residential child care facilityprogram purpose or function is clearly defined in a statement filed with the Oklahoma Department of Human Services (DHS).The statement includes the:
(1) program philosophy;
(2) program goals and objectives;
(3) ages and characteristics of children accepted for care;
(4) geographical area served; and
(5) types of services provided.
(b) Organizational structure.The legal basis or ownership of the residential child care facilityprogram legal basis or ownership is fully documented and submitted to DHS.
(1) Publicly operated facilityprogram.Documentation identifies statutory basis of the facilityprogram's statutory basis and the operating governmental entity administrative framework of the governmental entity that operates the facility.
(2) Privately operated facilityprogram.A privately operated facilityprogram submits, the:
(A) the charter, partnership agreement, constitution, articles of incorporation, or resolution authorizing the facility'sprogram's operation, as applicable; and
(B) names, titles, addresses, and telephonephone numbers for:
(i) association members or corporate officers for a nonprofit facilityprogram; and
(ii) owners, partners, or corporate officers for a proprietary facilityprogram.
(3) Changes in ownership and facilityprogram name.DHS is notified of any changes in the legal basis for operation, ownership, or name of the facilityprogram name at least 30-calendar days prior to the changes.
(c) Governingand advisory board.A private, nonprofit facilityprogram establishes a governing board and may also have an advisory board.
(1) Meetings.The governing board meets at least twice a year and maintainsannually maintaining accurate meeting minutes of each meeting.
(2) Responsibility of the governingGoverning board responsibility.The governing board maintains ultimate responsibility for governing but, having selected and employed an executive director, delegatesmay delegate to the executive director responsibility for administration of the facilityprogram administration.
(A) The board assumes joint responsibility with the executive director for general program and policy, funding, and compliance with minimum requirements.
(B) The responsibilities and relationship between the board and the executive director are defined in the constitution and bylaws and submitted to DHS.
(3) Governing board members.A current list ofGoverning board members' names, titles, addresses, and telephonephone numbers of the governing board membersisare submitted to DHS.
(4) Board composition.The governing board represents the diversity of the community served.
(A) The board is comprised of a minimum of three members.
(B) A majority of the members of the board reside in Oklahoma.Multi-state operations; however, may have a governing board outside of Oklahoma ifwhen they establish local advisory boards that meetmeeting the requirements in (5) of this subsection.
(C) Facility staff membersProgram personnel cannot comprise a majority of the board's voting members of the governing board for the facility.
(D) Board members receive an orientation to board responsibilities uponon appointment.
(5) Advisory board.A private, proprietary facilityprogram without a governing board that meetsmeeting the requirements in Oklahoma Administrative Code (OAC) 340:110-3-152(c)(1) - (4) of this subsection establishes an advisory board.
(A) The advisory board meets at least twice a yearannually.
(B) The advisory board provides advice and counsel to the facilityprogram on the policies and program operation of the facility, reflects local concerns, and represents the program to the community.
(C) A current list ofAdvisory board member names, addresses, and telephonephone numbers of the advisory board members isare submitted to DHS.
(D) Facility staff membersProgram personnel cannot comprise a majority of the voting members of the advisory board for that facilityboard's voting members.
(E) A majority of the members of the advisory board reside in Oklahoma.
(d) Administrative policy.Policy is clearly written, current, and available for residents, parents or legal custodians, staffpersonnel, and licensing staff toLicensing review.Policy is reviewed annually by the governing board.Policy includes, but is not limited to, areas governing:
(1) admission and discharge;
(2) personnel;
(3) volunteers;
(4) programs;
(5) grievance procedures as approved by DHS Office of Client Advocacy (OCA);
(6) behavior management;
(7) mandatory child abuse reporting of child abuse;
(8) suicide awareness and protocol;
(9) medical services;
(10) administering and disposing of medication administration and dosage;
(11) records confidentiality of records;
(12) a childresident absent without permission;
(13) emergency procedures; and
(14) application of reasonable and prudent parent standard application, when approving an activity for a childresident.
(e) Records and reports.The records and reports maintained at the facilityprogram and available for licensing staff toLicensing review are:
(1) children'sresident's records;
(2) personnel records;
(3) criminal history investigation records;
(4) orientation and professional development records;
(5) menus of food served to residents;
(6) fire and tornado drill records;
(7) schedules of planned recreational, leisure, or physical exercise activities schedules;
(8) visitation records; and
(9) transportation records; and
(10) resident's grievance records.These records are maintained for three years following the resident's discharge and in a confidential manner separate from resident's records per OCA.
(f) Notifications.The facilityprogram complies with the notification requirements as outlined in this subsection.
(1) The facilityprogram notifies Licensing on the next workingOklahoma Department of Human Services (DHS) business day, in the event of:
(A) temporary or permanent closing of the facilityprogram closing;
(B) a change in the executive director change;
(C) changes to liability insurance coverage changes;
(D) damage to thefacility premises of the facilitydamage caused by fire, accident, or the elements that seriously affectsseriously affecting the provision of services provided;
(E) legal action against a facilityprogram or staff member that involvespersonnel involving a resident or the operation of the facilityprogram operation;
(F) anya serious resident injury requiring emergency medical treatment by a licensed health care professional; or
(G) a resident death.
(2) Any person who has reason to believe a child has beenwas abused or neglected as described inper 10A O.S. § 1-1-105 is required to report the matter promptly to the DHS Child Abuse and Neglect Hotline at 1-800-522-3511 perSection1-2-101 of Title 10A of the Oklahoma Statutes (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.
(3) 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, as described inper 21 O.S. § 866 of the Oklahoma Statutes, reports the matter promptly to the Oklahoma Bureau of Narcotics and Dangerous Drugs Control.
(4) When a resident is absent without permission, the resident's parents or legal custodian are notified immediately notified.
340:110-3-154. Social services
Revised 11-1-1311-1-18
(a) Admission.The program involves the resident and parents in the admission process.
(1) UponOn admission, an admission assessment is completed for each resident indicating that the placement is appropriate for each resident's needs.The admission assessment is documented and available for licensing staff toLicensing review.An admission assessment includes the resident's:
(A) a description of the circumstances that ledleading to the resident's referral;
(B) a description of the resident's family description and relationships with family members, and relationships with other significant adults and children;
(C) a description of the resident's current and past behavior description, including both appropriate and maladaptive behavior;
(D) the resident's immunization record, medical and dental histories, including current medical problems;
(E) the resident's school history, including the current educational level, special achievements, and any school problems;
(F) the resident'splacement history of any other placements outside of the home, including the reasons for placement reasons;
(G) the resident's mental health history; and
(H) record documentation indicating efforts to obtain any of the identifying information in (A) through (G) of this paragraph, if any information iswhen not obtainable.
(2) Admission of children under 5 years of ageResident admission for 4 years of age and younger.
(A) A program may only accept children under 5 years of ageresidents 4 years of age and younger when maintaining a sibling group, or maintaining a child with a parent, or when there is a need for special services, such as:
(i) medical care or monitoring;
(ii) awake supervision; or
(iii) crisis intervention, assessment, or treatment.
(B) When a resident under 5 years of age4 years of age and younger is in care at the program, the admission assessment and the service plan document why this placement is in the resident's best interest.
(3) PersonsIndividuals 19 years of age and older are not admitted to the program.A program may continue to serve a personan individual who entered the program prior to his or her 19th birthday through the completion of his or her service plan completion.
(4) Upon admission, the program obtains the parents' signature, for:
(A) authority to provide care;
(B) authority to provide medical care;
(C) financial agreement, ifwhen a charge is made for the resident's care;
(D) authority to use the resident or the resident's picture in publicity, ifwhen applicable; and
(E) a release noting understanding that volunteer drivers or specialized service professionals are not required to complete the criminal history review per Oklahoma Administrative Code (OAC) 340:110-3-153.1.Specific activities or events are identified in the release.
(5) Residents receive a medical examination by a licensed health care professional within 60-calendar days prior to admission or within 30-calendar days following admission.However, a documented medical exam performed within the 12 months prior to admission is acceptable when a resident is transferred from another licensed program.
(6) UponOn admission, the program advises the resident of all program rules and regulations of the program.
(7) The program documents, by the resident's and parents' signatures, that the resident and parents have been provided written copies of theprogram'sProgram policies that includes, but is not limited to,provided to residents and parents include:
(A) resident's rights,;
(B) grievance procedures,;
(C) behavior management policies,;
(D) trips away from the facility,program;
(E) use of volunteers,; and
(F) frequency of reports to the parents.
(8) Acceptance of out-of-state residents is made according toper the Interstate Compact on the Placement of Children.
(b) Service planning.The service plan is available for licensing staff toLicensing review.
(1) Comprehensive service plan.A written service plan is developed and documented for each resident within 30-calendar days of admission.
(A) The program involves the resident and parents in the development of the service plan development.When the parents do not participate in the development of the service plan development, the reason for non-participation reason is documented in the service plan.
(B) The service plan identifies and includes, the:
(i) the resident's needs, such as counseling, education, physical health needs, medical care, or recreation, in addition to basic needs for food, shelter, clothing, routine care, and supervision;
(ii) strategies for meeting the resident's needs, including instructions to staff.Individual health needs must be addressed in the program's medical plan.Refer to OAC 340:110-3-154.3;
(iii) the estimated length of stay;
(iv) goals and anticipated plans for discharge;
(v) the program's plan to involve the resident's parents, including visitation guidelines; and
(vi) the names and dated signatures with the dates, of those participating in developing the service plan development.
(2) Service plan review.Service plan reviews are available for licensing staff toLicensing review.
(A) The service plan is reviewed within 90-calendar days after it has been developeddevelopment and at least every six months thereafter.
(B) The program involves the resident and parents in the service plan review.If When the parents do not participate in the service plan review, the reason for non-participation reason is documented in the service plan.
(C) The service plan review includes:
(i) an evaluation of progress toward meeting identified needs;
(ii) any new needs identified since the plan was developed or last reviewed andalong with strategies to meet those needs, including instructions to staff;
(iii) an update of the estimated length of stay update and discharge plans, when changed;
(iv) an assessment of the continued appropriateness of placement assessment with the goal of determining whetherwhen the resident shouldmay be returned home, placed in a foster home, transferred to some other care better suited for the resident's development, or maintained for a longer period in the child careresidential program; and
(v) the names and dated signatures including the dates, of those participating in the review participants.
(c) Services.The program provides or facilitates the provision of services to meet thestated goals of thefor meeting service plan goals.
(d) Discharge procedures.The program involves the resident, parents or legal custodian, and staffpersonnel in discharge planning.
(1) Except in an emergency, a resident is not discharged to anyone other than the resident's parents or legal custodian without written authorization.
(2) An emergency discharge occurs when a resident presents a danger to self or others.Upon emergency discharge of a resident, the program informs the parents or legal custodian, immediately.
(3) The personindividual to whom the resident is discharged produces photographic identification and signs the discharge form before leaving with the resident.
(4) The date, time, destination, and circumstances of the resident's discharge date, time, destination, and circumstances are documented in the resident's record.The name, address, and relationship of the person to whom the resident is discharged are included in the documentation also includes the individual's name, address, and relationship to whom the resident is discharged.
(e) Resident's records.The program maintains a written record for each resident that is retained for three years following the resident's discharge.
(1) The record includes:
(A) the resident's name, address, telephonephone number, Social Security number, sex, race, religion, birth date and place;
(B) the admission assessment;
(C) required authorizations, as specified in OAC 340:110-3-154per (a)(4) of this Section;
(D) medical records;
(E) the comprehensive service plan and reviews;
(F) educational information;
(G) reports of serious incidents that include, butincident reports are not limited to, suicide attempts, injuries requiring medical treatment, runaway attempts, commission of crimes committed and abuse allegations of abuse, neglect, or abusive treatmentsany allegation of behavior management violations per OAC 340:110-3-154.2(b) - (d).The report includes theincident nature, date and time of the incidents, the names of all personsindividuals involved, the nature of theincidents, and the circumstances surrounding themcircumstances;
(H) reports of separation, use of physical restraint, and other restrictions;
(I) discharge summary; and
(J) signed documentation that the resident and parents were provided written copies of the program'sprogram policies on residents' rights, grievance procedures, behavior management policies, trips away from the facility, use of volunteers, and frequency of reports to the parent; and
(K) grievance forms signed by the person filing the grievance, if grievances were filed.
(2) Resident's records are confidential as defined by federal and state laws.
340:110-3-170. Requirements for family-style living programs
Issued 11-1-18
(a) Family-style living program.A family-style living program is a residential program providing sustained care and supervision to residents in a home like environment not located in a building used for commercial activity.
(b) Requirements.Family-style living programs are required to meet the common requirements in Oklahoma Administrative Code (OAC) 340:110-3-145 through 340:110-3-165.1, unless requirements in this Section state otherwise.
(c) House parent.In addition to personnel requirements per OAC 340:110-3-153.1, additional house parent qualifications include:
(1) residing in the home with residents;
(2) establishing and modeling a healthy, family environment;
(3) participating in outings, vacations, and trips away from the program with residents; and
(4) prohibition from employment outside the program.
(d) Child-family relationship.In addition to social services requirements per OAC 340:110-3-154, house parents attempt to strengthen relationships between the children and parents and his or her own family culture by:
(1) communicating regularly regarding the child's care, education, health, and medical needs;
(2) supporting and maintaining positive aspects of family members;
(3) assisting in the development of parent-child relationships by providing resources to the family as requested by the parents; and
(4) involving the family in program and community events and activities.
(e) Sibling groups.In addition to social services requirements per OAC 340:110-3-154,house parents assist residents in maintaining sibling relationships.
(f) Program policies.In addition to program requirements per OAC 340:110-3-154.1, program policies identify categories of children well-suited for care in the family-style living program setting.
(g) Program.In addition to program requirements per OAC 340:110-3-154.1, house parents, program personnel, or both ensure residents have an availability of opportunities, on a regular basis, both on- and off-site, as listed in (1) through (3) of this subsection.
(1) Community involvement.Residents participate in programs and organizations, as well as recreational, social, educational, and extracurricular community events and activities.Participation is based on individual resident's interests and ability.
(2) Life-skills.House parents assist residents in acquiring transitional skills necessary to succeed interdependently in adulthood, such as:
(A) pursuit of a driver license;
(B) employment education and preparedness;
(C) money and household management;
(D) opportunity to earn and manage income;
(E) participation in family responsibilities and age-appropriate household chores;
(F) meal planning with food preparation and serving;
(G) social skills; and
(H) internet safety.
(3) Peer relations.Residents are encouraged to participate in appropriate relationships both at school and in the community.Opportunities are expanded and supported, including dating and peer contact.
(h) Meal time.In addition to food and nutrition requirements per OAC 340:110-3-154.4,meals are routinely served in a family-style dining setting with residents and house parents eating together.
(i) Physical facility and furnishings.In addition to physical facility and equipment requirements per OAC 340:110-3-157, family-style living programs are designed to promote a family environment between residents and house parents.Common areas, including living, dining, kitchen, laundry, and outside play areas, are designed and furnished to encourage family-style interactions. Semi-private bedrooms and study areas are included with provisions made for supervision.
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
340:110-3-284.2. Teaching personnel
Revised 11-22-1611-1-18
(a) General.In addition to the position specific requirements in this Section, personnel meet the general requirements per Oklahoma Administrative Code (OAC) 340:110-3-284.
(b) Master teachers.The program employs or uses at least the minimum number of required individuals or volunteers who meet thesemeeting the position specific requirements in (1) through (5) of this subsection.
(1) Required master teachers.At least one master teacher is required for every 60 children of the licensed capacity.Only the required number of master teachers are required to meet all of the master teacher requirements.However, all master teachers meet cardio-pulmonary (CPR) and first aid certification requirements listed in (5) of this subsection.
(2) Position specific qualifications.Master teachers:
(A) are at least 18 years of age;
(B) have at least a high school diploma, General Education Development (GED), or Licensing approved equivalent; and
(C) have a current Oklahoma Professional Development Ladder (OPDL) certificate per OAC 340 Appendix FF - Oklahoma Professional Development Ladder of:
(i) Level 3, specifically met by an Oklahoma Competency Certificate with a Master Teacher emphasis; or
(ii) Level 4 or higher.
(3) Director as master teacher.The director may count as a master teacher when meetingthe:
(A) licensed capacity is 30 or less; and
(B) director meets the master teacher qualifications per (b) of this Section.
(4) Position specific responsibilities.Master teachers:
(A) support other teaching personnel in meeting teacher and assistant teacher responsibilities;
(B) are responsible for:
(i) the direct care of children;
(ii) planning and implementing the lesson plans;
(iii) classroom arrangement;
(iv) planning and implementing parent communication and family engagement; and
(v) providing input on program development and evaluation; and
(C) are present at the facility during the hours of operation at least 50 percent of operating hours or 30 hours per week, whichever is less.
(5) Position specific professional development.Master teachers obtain and maintain CPR and first aid certification that meets the requirements per OAC 340:110-3-284(d).Master teachers assuming the position:
(A) on or after November 1, 2016 obtain the certification within three months; or
(B) prior to November 1, 2016 obtain the certification before November 1, 2017.
(c) Teachers.The program employs individuals or uses volunteers who meetmeeting the position specific requirements listed in (1) through (3) of this subsection.
(1) Position specific qualifications.Teachers:
(A) are at least 18 years of age; and
(B) have at least:
(i) a high school diploma, General Educational Development (GED), or Licensing approved equivalent; or
(ii) completed 10th grade and are in the process of obtaining a GED for a period not to exceed 12 months from employment.
(2) Position specific responsibilities.Teachers:
(A) have the primary responsibility for the direct care of children; and
(B) participate in:
(i) lesson plan development and implementation;
(ii) classroom arrangement;
(iii) parent communication and family engagement; and
(iv) program development and evaluation.
(3) Position specific professional development.Teachers obtain and maintain CPR and first aid certification that meets the requirements per OAC 340:110-3-284(d).Teachers assuming the position:
(A) on or after November 1, 2016 obtain the certification within three months; or
(B) prior to November 1, 2016 obtain the certification before November 1, 2017.
(d) Assistant teachers.The program may employ individuals or use volunteers who meetmeeting the position specific requirements listed in (1) through (4) of this subsection.
(1) Position specific qualifications.Assistant teachers:
(A) are at least 16 years of age; and
(B) meet one of these criteria:
(i) are currently enrolled in high school or an equivalent;
(ii) have at least a high school diploma, GED, or approved equivalent; or
(iii) have completed 10th grade and are in the process of obtaining a GED for a period not to exceed 36 months from employment.
(2) Position specific responsibilities.Assistant teachers:
(A) are responsible for the direct care of children; and
(B) carry out assigned tasks that may include participation in:
(i) lesson plan development and implementation;
(ii) classroom arrangement;
(iii) parent communication and family engagement; and
(iv) program development and evaluation.
(3) Position specific professional development.Assistant teachers obtain and maintain CPR and first aid certification that meets the requirements per OAC 340:110-3-284(d).Assistant teachers assuming the position:
(A) on or after November 1, 2016 obtain the certification within three months; or
(B) prior to November 1, 2016 obtain the certification before November 1, 2017.
(4) Position specific limitations.Assistant teachers:
(A) are overseen by an on-site director, master teacher, or teacher who:
(i) overseesoverseeing two or fewer assistant teachers at one time; and
(ii) providesproviding intervention when needed; and
(B) do not havehaving sole responsibility for a group of children:
(i) for more than three hours per day; and
(ii) during higher risk activities per OAC 340:110-3-290.
(e) Substitutes for teaching personnel.The program may employ individuals or use volunteers or other personnel who meetmeeting the position specific requirements listed in (1) through (3) of this subsection.
(1) Position specific qualifications.Substitutes meet the teacher qualifications per (c) of this Section.However, the OPDL certificate is not required until indicated in (3) of this subsection.
(2) Position specific responsibilities.Substitutes meet the responsibility requirements for the position(s) they are filling.
(3) Position specific professional development.Substitutes meet the general professional development requirements per OAC 340:110-3-284(d).However, the timeframe for meeting professional development requirements begins when the substitute has worked for the program a total of 80 hours.However:
(A) orientation is required, prior to being left alone with children; and
(B) CPR and first aid certification is met per specific position requirements.
