COMMENT DUE DATE:
February 14, 2019
DATE:
January 15, 2019
Mitzi Lee Child Care Services 405-521-2556
Dena Thayer, Programs Administrator 405-521-4326
Nancy Kelly, Policy Specialist 405-522-6703
RE:
APA WF 19-110A
The proposed policy is Permanent . This proposal is subject to Administrative Procedures Act
It is important that you provide your comments regarding the draft copy of policy by the comment due date.Comments are directed to STO.LegalServices.Policy@okdhs.org.The proposed policy is permanent.
A public hearing is scheduled for 10:00 a.m. on February 26, 2019, 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 [AMENDED]
340:110-1-9.3 [AMENDED]
Part 3. Licensing Services – Residential Care and Agencies
340:110-1-46 [AMENDED]
340:110-1-47.2 [AMENDED]
(Reference WF 19-110A)
SUMMARY:The proposed amendments to Chapter 110, Subchapter 1, Part 1 and Part 3 amend Child Care Services (CCS) procedures for license issuance and non-compliance with requirements.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 facilities; and (9) child-placing agencies.
PERMANENT APPROVAL:Permanent rulemaking is requested.
LEGAL AUTHORITY:Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes (56 O.S. § 162); 10 O.S. § 404, the Oklahoma Child Care Facilities Licensing Act.
Rule Impact Statement
To:Programs administrator
Legal Services - Policy
From:Patrick Klein, Acting Director
Child Care Services
Date:December 14, 2018
Re: CHAPTER 110. LICENSING SERVICES
Subchapter 1. General Provisions
Part 1. Licensing Services - Child Care
340:110-1-8 [AMENDED]
340:110-1-9.3 [AMENDED]
Part 3. Licensing Services – Residential Care and Agencies
340:110-1-46 [AMENDED]
340:110-1-47.2 [AMENDED]
(Reference WF 19-110A)
Contact: Mitzi Lee, Programs Manager, 405-521-2556
A.Brief description of the purpose of the proposed rule:
Purpose.
The proposed amendments to Chapter 110, Subchapter 1, Part 1 and Part 3 amend Child Care Services (CCS) procedures for license issuance and non-compliance with requirements.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 facilities; and (9) child-placing agencies.
Strategic Plan Impact.
The proposed amendments achieve Oklahoma Department of Human Services (DHS) goals by continuously improving systems and processes impacting licensed child care programs, residential child care facilities, and child-placing agencies.
Substantive changes.
Subchapter 1. General Provisions
Part 1. Licensing Services - Child Care
Oklahoma Administrative Code (OAC) 340:110-1-8 is amended to:(1) align CCS terminology; (2) clarify CCS practice and procedure; and (3) reflect monitoring checklist and summary copies are no longer maintained in the Licensing file.
OAC 340:110-1-9.3 is amended to:(1) align CCS terminology; (2) clarify CCS practice and procedure; (3) reflect failure to report human trafficking as a serious non-compliance; (4) remove liability insurance, compliance file, and posting from serious non-compliances; and (5) require resubmission of an unacceptable notice to comply within 10-calendar days.
Part 3. Licensing Services – Residential Care and Agencies
OAC 340:110-1-46 is amended to: (1) align CCS terminology; (2) clarify CCS practice and procedure; (3) reflect monitoring checklist and summary copies are no longer maintained in the Licensing file; (4) clarify six-month permit documentation; (5) clarify subsequent six-month permit approval process; and (6) clarify license issuance documentation.
OAC 340:110-1-47. 2 is amended to:(1) align CCS terminology; (2) clarify CCS practice and procedure; (3) identify repeated and serious non-compliance categories; and (4) require resubmission of an unacceptable notice to comply within 10-calendar days.
Reasons.
Chapter 110, Subchapter 1, Part 1 and Part 3. The proposed amendments address needed clarifications of CCS practice and licensing procedures regarding license issuance and non-compliance with requirements.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 facilities; and (9) child-placing agencies.
Repercussions.
Chapter 110, Subchapter 1, Part 1 and Part 3.The proposed amendments address:(1) needed clarifications for CCS for license issuance and non-compliance with requirements; and (2) consistent interpretation of CCS practice; and (3) better service for licensed child care programs, residential child care facilities, and child-placing agencies.
Legal authority.
Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes (56 O.S. § 162); 10 O.S. § 404, the Oklahoma Child Care Facilities Licensing Act.
Permanent rulemaking approval is requested.
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 child care facilities, 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 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 child care facilities, 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 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, residential child care facilities or 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:There are no estimated costs to the agency associated with the amended rules.
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 license issuance and non-compliance with requirements; (2) consistent interpretation of CCS practice; and (3) better service for licensed child care, residential child care facilities, and child-placing agencies.
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, residential child care facilities, or child-placing agencies as amendments clarify and align CCS practice and procedures.
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 amendments.
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 amendments allow consistent application of CCS policy and procedure for license issuance and non-compliance with requirements.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented:If the proposed amendments are not implemented:(1) CCS practice and licensing procedures will not be clarified; and (2) consistent application of license issuance and non-compliance with requirements would not occur, impacting services to licensed child care, residential child care facilities, and child-placing agencies.
K.The date the rule impact statement was prepared and, if modified, the date modified:Prepared May 30, 2018; modified December 14, 2108.
