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 18-110B
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
340:110-1-8.1 [AMENDED]
340:110-1-8.3 [AMENDED]
340:110-1-8.10 through 340:110-1-9 [AMENDED]
340:110-1-10.1 [AMENDED]
Part 3. Licensing Services-Residential Care and Agencies
340:110-1-47 [AMENDED]
Subchapter 3. Licensing Standards for Child Care Facilities
Part 5. Requirements for Family Child Care Homes and Large Family Child Care Homes
340:110-3-85 [AMENDED]
Part 9. Requirements for Residential Child Care Facilities
340:110-3-153.1 [AMENDED]
Part 15. Requirements for Child Care Centers, Day Camps, Drop-In Programs, Out-of-School Time Programs, Part-Day Programs and Programs for Sick Children
340:110-3-282 [AMENDED]
Subchapter 5. Requirements for Child-Placing Agencies
Part 1. Requirements for Child-Placing Agencies
340:110-5-8 [AMENDED]
(Reference WF 17-20)
SUMMARY:Proposed rules reflect amendments for compliance with legislative mandates as a result of the passage of Senate and House bills during the 2017 Oklahoma legislative session and the reauthorization of the federal Child Care Development Fund (CCDF) in November of 2014.Due to Department of Human Services (DHS) FY16 budget reductions, the Environmental Rating Scales program assessment was removed from the Quality Rating and Improvement System Reaching for the Stars certification criteria.Program assessment is critical for evaluation of quality child care.Amendments to stars certification criteria require a self-assessment for child care programs to conduct evaluations of program quality and to inform continuous quality improvement plans.Amendments also include:(1) transition of Child Care Services (CCS) Licensing Records Office (LRO) to the Office of Inspector General (OIG); (2) the movement of LRO policy language and responsibilities to OIG; (3) the renaming of LRO to the Office of Background Investigations (OBI); and (4) alignment of CCS terminology.
The reauthorization of CCDF requires additional criminal history prohibitions and repeating background investigations every five years for child care programs.The passage of Senate Bill (SB) 723 amended Section 404.1 and 405.3 of Title 10 of the Oklahoma Statutes (10 O.S. § 404.1 and 405.3), Oklahoma Child Care Facilities Licensing Act to align with the federal mandates.
The passage of SB 717 amended 10 O.S. § 404.1 and 405.3 of the Oklahoma Child Care Facilities Licensing Act.Statutory amendments include:(1) requiring additional registry searches of the nontechnical services worker abuse registry and community services worker registry; and (2) broadening the scope of the Restricted Registry to include recording of individuals with a substantiated finding of abuse or neglect of a child while in care of a facility licensed, certified, operated or contracted by or with DHS or Office of Juvenile Affairs (OJA); including DHS foster families.
The passage of House Bill (HB) 1968 amended 10 O.S. § 405.5 of the Oklahoma Child Care Facilities Licensing Act.Statutory amendments include providing an individual who inherits or purchases a licensed child care facility to operate a facility under the same license and at the same star rating as the previous owner for a period of 90-calendar days providing the same personnel are employed by the previous owner.
The proposed revisions to Chapter 110, Subchapter 1, Part 1 amend Child Care Services (CCS) policy to align with federal CCDF and legislative mandates of SB 717 and 723 and HB 1968 providing procedures for:(1) additional criminal history prohibitions and repeating background investigations every five years; (1) a transitional change of ownership between a previous and new child care facility owner; (2) broadening the Restricted Registry and additional registry searches.Additional amendments include:(1) requiring a child care program self-assessment for child care programs participating in the stars program, and (2) identifying transition of LRO to OBI and the movement of policy language reflecting responsibilities of OBI.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; (7) programs for sick children; (8) residential child care programs; and (9) child-placing agencies.
The proposed revisions to Chapter 110, Subchapter 1, Part 3 amend CCS residential and child-placing policy aligning with legislative mandates of HB 1968 providing procedures for a transitional change of ownership between a previous and new child care facility owner.Licensed child care programs impacted by the proposed amendments include residential child care programs and child-placing agencies.
The proposed revisions to Chapter 110, Subchapter 3, Part 5 amend CCS licensing requirements for family child care homes aligning with federal CCDF and SB 723 legislative mandates of additional criminal history prohibitions and repeating background investigations every five years.Amendments also address transition of LRO to OBI.Licensed child care programs impacted by the proposed amendments include family child care homes.
The proposed revisions to Chapter 110, Subchapter 3, Part 9 amend CCS licensing requirements for residential child care programs aligning with federal CCDF and SB 723 legislative mandates of additional criminal history prohibitions and repeating background investigations every five years.Amendments also address transition of LRO to OBI.Licensed child care programs impacted by the proposed amendments include residential child care programs.
The proposed revisions to Chapter 110, Subchapter 3, Part 15 amend CCS licensing requirements for:(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 aligning with federal CCDF and SB 723 legislative mandates of additional criminal history prohibitions and repeating background investigations every five years.Amendments also address transition of LRO to OBI.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.
The proposed revisions to Chapter 110, Subchapter 5, Part 9 amend CCS licensing requirements for child-placing agencies aligning with federal CCDF and SB 723 legislative mandates of additional criminal history prohibitions and repeating background investigations every five years.Amendments also address transition of LRO to OBI.Licensed child care programs impacted by the proposed amendments include child-placing agencies.
PERMANENT APPROVAL:Permanent rulemaking is requested.
LEGAL AUTHORITY:Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes (O.S. 56 § 162); 10 O.S. § 404, 404.1, 405.3, and 405.5 of 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
340:110-1-8.1 [AMENDED]
340:110-1-8.3 [AMENDED]
340:110-1-8.10 through 340:110-1-9 [AMENDED]
340:110-1-10.1 [AMENDED]
Part 3. Licensing Services-Residential Care and Agencies
340:110-1-47 [AMENDED]
Subchapter 3. Licensing Standards for Child Care Facilities
Part 5. Requirements for Family Child Care Homes and Large Family Child Care Homes
340:110-3-85 [AMENDED]
Part 9. Requirements for Residential Child Care Facilities
340:110-3-153.1 [AMENDED]
Part 15. Requirements for Child Care Centers, Day Camps, Drop-In Programs, Out-of-School Time Programs, Part-Day Programs and Programs for Sick Children
340:110-3-282 [AMENDED]
Subchapter 5. Requirements for Child-Placing Agencies
Part 1. Requirements for Child-Placing Agencies
340:110-5-8 [AMENDED]
(Reference WF 17-20)
Contact: Mitzi Lee, Programs Manager, 405-521-2556
A.Brief description of the purpose of the proposed rule:
Proposed rules reflect amendments for compliance with legislative mandates as a result of the passage of Senate and House bills during the 2017 Oklahoma legislative session and the reauthorization of the federal Child Care Development Fund (CCDF) in November of 2014.Due to Department of Human Services (DHS) FY16 budget reductions, the Environmental Rating Scales program assessment was removed from the Quality Rating and Improvement System Reaching for the Stars certification criteria.Program assessment is critical for evaluation of quality child care.Amendments to stars certification criteria require a self-assessment for child care programs to conduct evaluations of program quality and to inform continuous quality improvement plans.Amendments also include:(1) transition of Child Care Services (CCS) Licensing Records Office (LRO) to the Office of Inspector General (OIG); (2) the movement of LRO policy language and responsibilities to OIG; (3) the renaming of LRO to the Office of Background Investigations (OBI); and (4) alignment of CCS terminology.
The reauthorization of CCDF requires additional criminal history prohibitions, additional background searches, and repeating background investigations every five years for child care programs.The passage of Senate Bill (SB) 723 amended Section 404.1 and 405.3 of Title 10 of the Oklahoma Statutes (10 O.S. § 404.1 and 405.3), Oklahoma Child Care Facilities Licensing Act to align with the federal mandates.
The passage of SB 717 amended 10 O.S. § 404.1 and 405.3 of the Oklahoma Child Care Facilities Licensing Act.Statutory amendments include:(1) requiring additional registry searches of the nontechnical services worker abuse registry and community services worker registry; and (2) broadening the scope of the Restricted Registry to include recording of individuals with a substantiated finding of abuse or neglect of a child while in care of a facility licensed, certified, operated or contracted by or with DHS or Office of Juvenile Affairs (OJA); including DHS foster families.
The passage of House Bill (HB) 1968 amended 10 O.S. § 405.5 of the Oklahoma Child Care Facilities Licensing Act.Statutory amendments include providing an individual who inherits or purchases a licensed child care facility to operate a facility under the same license and at the same star rating as the previous owner for a period of 90-calendar days providing the same personnel are employed by the previous owner.
The proposed revisions to Chapter 110, Subchapter 1, Part 1 amend Child Care Services (CCS) policy to align with federal CCDF and legislative mandates of SB 717 and 723 and HB 1968 providing procedures for:(1) additional criminal history prohibitions and repeating background investigations every five years; (2) a transitional change of ownership between a previous and new child care facility owner; (3) broadening the Restricted Registry and additional registry searches.Additional amendments include:(1) requiring a child care program self-assessment for child care programs participating in the stars program, and (2) identifying transition of LRO to OBI and the movement of policy language reflecting responsibilities of OBI.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; (7) programs for sick children; (8) residential child care programs; and (9) child-placing agencies.
The proposed revisions to Chapter 110, Subchapter 1, Part 3 amend CCS residential and child-placing policy aligning with legislative mandates of HB 1968 providing procedures for a transitional change of ownership between a previous and new child care facility owner.Licensed child care programs impacted by the proposed amendments include residential child care programs and child-placing agencies.
The proposed revisions to Chapter 110, Subchapter 3, Part 5 amend CCS licensing requirements for family child care homes aligning with federal CCDF and SB 723 legislative mandates of additional criminal history prohibitions and repeating background investigations every five years.Amendments also address transition of LRO to OBI.Licensed child care programs impacted by the proposed amendments include family child care homes.
The proposed revisions to Chapter 110, Subchapter 3, Part 9 amend CCS licensing requirements for residential child care programs aligning with federal CCDF and SB 723 legislative mandates of additional criminal history prohibitions and repeating background investigations every five years.Amendments also address transition of LRO to OBI.Licensed child care programs impacted by the proposed amendments include residential child care programs.
The proposed revisions to Chapter 110, Subchapter 3, Part 15 amend CCS licensing requirements for:(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 aligning with federal CCDF and SB 723 legislative mandates of additional criminal history prohibitions and repeating background investigations every five years.Amendments also address transition of LRO to OBI.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.
The proposed revisions to Chapter 110, Subchapter 5, Part 1 amend CCS licensing requirements for child-placing agencies aligning with federal CCDF and SB 723 legislative mandates of additional criminal history prohibitions and repeating background investigations every five years.Amendments also address transition of LRO to OBI.Licensed child care programs impacted by the proposed amendments include child-placing agencies.
Strategic Plan Impact.
The proposed rule amendments achieve Oklahoma Department of Human Services (DHS) goals by continuously improving systems and processes impacting licensed child care programs and child-placing agencies.
Substantive changes.
Subchapter 1. General Provisions
Part 1. Licensing Services - Child Care
Oklahoma Administrative Code (OAC) 340:110-1-8.1 is amended to reflect terminology change of LRO to OBI, remove background investigation processes previously conducted by LRO to OBI per OAC 340:2-46-4 and align CCS terminology.
OAC 340:110-1-8.3 is amended to reflect legislative mandates of HB 1968 by:(1) providing processes for a transitional change of ownership between a previous and new child care facility owner for programs participating in the stars program; (2) clarifying procedures for monitoring and plans of correction; (3) provide references for inactive status; and (4) align CCS terminology.
OAC 340:110-1-8.10 is amended to require a self-assessment for child care programs participating in the stars program and align CCS terminology.
OAC 340:110-1-9 is amended to reflect legislative mandates of HB 1968 by providing a process for a transitional change of ownership between a previous and new child care facility owner and align CCS terminology.
OAC 340:110-1-10.1 is amended to reflect legislative mandates of SB 717 by broadening the scope of the Restricted Registry to include recording of individuals with a substantiated finding of abuse or neglect of a child while in care of a facility licensed, certified, operated or contracted by or with DHS or OJA; including DHS foster families, and align CCS terminology.
Part 3. Licensing Services – Residential Care and Agencies
OAC 340:110-1-47 is amended to reflect legislative mandates of HB 1968 by providing a process for a transitional change of ownership between a previous and new child care facility owner and procedures for inactive status and align CCS terminology.
Subchapter 3. Licensing Standards for Child Care Facilities
Part 5. Requirements for Family Child Care Homes and Large Family Child Care Homes
OAC 340:110-3-85 is amended to align family child care home licensing requirements with federal CCDF and SB 723 legislative mandates by including additional criminal history prohibitions, repeating background investigations every five years, and identifying transition of LRO to OBI and align CCS terminology.
Part 9. Requirements for Residential Child Care Facilities
OAC 340:110-3-153.1 is amended to align residential child care program licensing requirements with federal CCDF and SB 723 legislative mandates by including additional criminal history prohibitions, repeating background investigations every five years, and identifying transition of LRO to OBI and align CCS terminology.
Part 15. Requirements for Child Care Centers, Day Camps, Drop-In Programs, Out-of-School Time Programs, Part-Day Programs and Programs for Sick Children
OAC 340:110-3-282 is amended to align child care center, day camp, drop-in, out-of-school time and part-day programs, and programs for sick children licensing requirements with federal CCDF and SB 723 legislative mandates by including additional criminal history prohibitions, repeating background investigations every five years, and identifying transition of LRO to OBI and align CCS terminology.
Subchapter 5. Requirements for Child-Placing Agencies
Part 1. Requirements for Child-Placing Agencies
OAC 340:110-5-8 is amended to align child-placing agency licensing requirements with federal CCDF and SB 723 legislative mandates by including additional criminal history prohibitions, repeating background investigations every five years, and identifying transition of LRO to OBI and align CCS terminology.
Reasons.
Chapter 110, Subchapter 1, Part 1:The proposed amendments address alignment with CCS policy and procedures for federal CCDF mandates and legislative mandates due to passage of SB 717 and 723 and HB1968.Amendments also include:(1) requiring a self-assessment for child care programs participating in the stars program; and (2) the transition of LRO to OBI.
Chapter 110, Subchapter 1, Part 3:The proposed amendments address alignment with CCS policy and procedures for HB1968.
Chapter 110, Subchapter 3, Part 5: The proposed amendments address licensing requirements for family child care homes by:(1) aligning with federal CCDF mandates and legislative mandates due to passage of SB 723; and (2) the transition of LRO to OBI.
Chapter 110, Subchapter 3, Part 9: The proposed amendments address licensing requirements for residential child care programs by:(1) aligning with federal CCDF mandates and legislative mandates due to passage of SB 723; and (2) the transition of LRO to OBI.
Chapter 110, Subchapter 3, Part 15: The proposed amendments address licensing requirements for child care centers, day camps, drop-in, out-of-school time and part-day programs, and programs for sick children by:(1) aligning with federal CCDF mandates and legislative mandates due to passage of SB 723; and (2) the transition of LRO to OBI.
Chapter 110, Subchapter 5, Part 9: The proposed amendments address licensing requirements for child-placing agencies by:(1) aligning with federal CCDF mandates and legislative mandates due to passage of SB 723; and (2) the transition of LRO to OBI.
Repercussions.
Chapter 110, Subchapter 1, Part 1:The proposed amendments address alignment with CCS policy and procedures for federal CCDF mandates and legislative mandates due to passage of SB 717 and 723 and HB1968.Without amendments DHS would lose some federal funding due to non-compliance with federal mandates and DHS policy would not be in compliance with federal and state statutes.The health and safety of children in child care would be negatively impacted.There would not be any type of program assessment evaluating quality of services and care of children for programs participating in the stars program.CCS policy would not reflect the transition of LRO to OBI.
Chapter 110, Subchapter 1, Part 3:The proposed amendments address alignment with CCS policy and procedures for HB1968.Without amendments DHS policy would not be in compliance with state statutes.
Chapter 110, Subchapter 3, Part 5: The proposed amendments address aligning licensing requirements for family child care homes with federal CCDF mandates and legislative mandates due to passage of SB 723 and the transition of LRO to OBI.Without amendments DHS would lose some federal funding due to non-compliance with federal mandates and licensing requirements would not be in compliance with federal and state statutes.The health and safety of children in child care would be negatively impacted.Licensing requirements would not reflect the transition of LRO to OBI.
Chapter 110, Subchapter 3, Part 9: The proposed amendments address aligning licensing requirements for residential child care programs with federal CCDF mandates and legislative mandates due to passage of SB 723 and the transition of LRO to OBI.Without amendments licensing requirements would not be in compliance with state statutes.The health and safety of children in child care would be negatively impacted.Licensing requirements would not reflect the transition of LRO to OBI.
Chapter 110, Subchapter 3, Part 15: The proposed amendments address aligning licensing requirements for child care centers, day camps, drop-in, out-of-school time and part-day programs, and programs for sick children with federal CCDF mandates and legislative mandates due to passage of SB 723, and the transition of LRO to OBI.Without amendments DHS would lose some federal funding due to non-compliance with federal mandates and licensing requirements would not be in compliance with federal and state statutes.The health and safety of children in child care would be negatively impacted.Licensing requirements would not reflect the transition of LRO to OBI.
Chapter 110, Subchapter 5, Part 9: The proposed amendments address licensing requirements for child-placing agencies with federal CCDF mandates and legislative mandates due to passage of SB 723 and the transition of LRO to OBI.Without amendments licensing requirements would not be in compliance with state statutes.The health and safety of children in child care would be negatively impacted.Licensing requirements would not reflect the transition of LRO to OBI.
Legal authority.
Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes (O.S. 56 § 162); 10 O.S. §§ 404, 404.1, 405.3, and 405.5 of the Oklahoma Child Care Facilities Licensing Act.
Permanent rulemaking approval is requested. These rules were submitted to the Governor as emergency rules on December 21, 2017.
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 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, child-placing agencies, 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 rules 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, child-placing agencies, 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 rules 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, residential programs, and child-placing agencies.
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:(1) $33,000 for printing and mailing of revised QRIS resource publications and licensing requirements 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, residential child care programs, and child-placing agencies; (2) $18,400 for revisions to licensing database and monitoring systems; and (3) $81,000 for additional restricted registry staff- inclusive of all associated hiring costs.Payment 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 rules provide amendments to CCS policy and licensing requirements for compliance with federal CCDF and SB 717 and 723 and HB 1968 legislative mandates.
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:Individuals may incur a cost for additional name-based and child abuse and neglect out-of-state searches.Costs of searches vary by state and not all states charge for these searches.
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 revisions allow further protection of the health and safety of children in licensed child care programs by: (1) expanding the registration of individuals on the Restricted Registry; (2) expanding the Restricted Registry searches; (3) expanding criminal history prohibitions; (4) increasing the frequency of background investigations; and (5) providing a method for self-assessment of program quality.
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 will not be in compliance with federal CCDF and SB 717 and 723 and HB 1968 legislative mandates.Health and safety of children in child care would be negatively impacted.
K.The date the rule impact statement was prepared and, if modified, the date modified:Prepared August 31, 2017; modified November 28, 2017; modified December 18, 2017.
