COMMENT DUE DATE:
October 26, 2020
DATE:
October 14, 2020
Mitzi Lee, Programs Manager II, Child Care Services (CCS) 405-202-7449
Dena Thayer, Programs Administrator, Legal Services - Policy 405-693-6542
Nancy Kelly, Policy Specialist, Legal Services - Policy 405-522-6703
RE:
APA WF 20-06
The proposed policy is Emergency . This proposal is subject to Administrative Procedures Act
It is important that you provide your comments regarding the draft copy of policy by the comment due date.Comments are directed to *STO.LegalServices.Policy@okdhs.org.The proposed amendments are emergency.
SUBJECT:CHAPTER 110. LICENSING SERVICES
Subchapter 3. Licensing Standards for Child Care Facilities
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
Appendix GG Ratios and Group Sizes [AMENDED]
(Reference WF 20-06)
SUMMARY:
The proposed amendments to Chapter 110, Subchapter 3, Part 9 and Part 15 amend licensing requirements for:(1) residential facilities; (2) child care centers; (3) drop-in programs; and (4) part-day programs.
Proposed amendments revise criminal background investigations for residential licensing requirements for compliance with federal regulation under Family First Prevention Services Act Public Law 115-123.Proposed amendments also include:(1) program and executive directors do not serve as program directors for multiple facility locations; (2) updated training sources of cardio-pulmonary resuscitation (CPR) and first aid; (3) first aid training exemption for personnel having a current nursing certification or degree; (4) 90-calendar day timeframes to receive Oklahoma Human Services (OKDHS) approved behavioral intervention trainings; and (5) alignment of Child Care Services terminology.
Proposed amendments also revise child care licensing requirements for mixed-age staff-child ratio for infants and 1-year-olds, superseding March 13, 2020 emergency rules where 2-year-olds were deleted from this mixed-age grouping.Proposed amendments would include 2-year-olds within the infant and 1-year-olds mixed-age ratio category.Child Care Services (CCS) received concern from multiple programs regarding the mixed-age ratio for the infant and 1-year old category.Ratios place an unanticipated hardship on programs caring for these youngest aged children.Many child care programs had groupings of infants, 1-year-olds, and 2-year-olds, and were negatively impacted by having to rearrange classroom groupings and in some circumstances hire additional personnel.Proposed amendments provide children within these ages to continue to be grouped together; providing continuity of care, further securing social-emotional attachment for the most vulnerable age, and meet the needs of the child care industry.The amended mixed-age grouping is also supported by national early childhood accrediting organizations.CCS received input regarding the mixed-age ratio for infants and 1-year-olds category from the Child Care Advisory Committee (CCAC) child care center-based standing subcommittee on September 4, 2020.On September 9, 2020 proposed amendments for mixed-age staff-child ratios were also presented to CCAC.Proposed amendments to mixed-age staff-child ratio reflect inclusion of the 2-year-olds within the infants and 1-year-olds mixed-age grouping and benefits the child care industry.
PERMANENT APPROVAL:Emergency rulemaking is requested.
LEGAL AUTHORITY:Director of Human Services; 56 O.S. § 162; 10 O.S. § 404 of the Oklahoma Child Care Facilities Licensing Act; Family First Prevention Services Act Public Law 115-123.
Rule Impact Statement
To:Dena Thayer, Programs administrator
Legal Services - Policy
From:Jennifer Towell, Director
Child Care Services
Date:September 23, 2020
Re: TITLE 340. DEPARTMENT OF HUMAN SERVICES
CHAPTER 110. LICENSING SERVICES
Subchapter 3. Licensing Standards for Child Care Facilities
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
Appendix GG Ratios and Group Sizes [AMENDED]
(Reference WF 20-06)
Contact: Mitzi Lee, Programs Manager, 405-202-7449
A.Brief description of the purpose of the proposed rule:
The proposed amendments to Chapter 110, Subchapter 3, Part 9 and Part 15 amend licensing requirements for:(1) residential facilities; (2) child care centers; (3) drop-in programs; and (4) part-day programs.
Proposed amendments revise criminal background investigations for residential licensing requirements for compliance with federal regulation under Family First Prevention Services Act Public Law 115-123.Proposed amendments also include:(1) program and executive directors do not serve as program directors for multiple facility locations; (2) updated training sources of cardio-pulmonary resuscitation (CPR) and first aid; (3) first aid training exemption for personnel having a current nursing certification or degree; (4) 90-calendar day timeframes to receive Oklahoma Human Services (OKDHS) approved behavioral intervention trainings; and (5) alignment of Child Care Services terminology.
Proposed amendments also revise child care licensing requirements for mixed-age staff-child ratio for infants and 1-year-olds, superseding March 13, 2020 emergency rules where 2-year-olds were deleted from this mixed-age grouping.Proposed amendments would include 2-year-olds within the infant and 1-year-olds mixed-age ratio category.Child Care Services (CCS) received concern from multiple programs regarding the mixed-age ratio for the infant and 1-year old category.Ratios place an unanticipated hardship on programs caring for these youngest aged children.Many child care programs had groupings of infants, 1-year-olds, and 2-year-olds, and were negatively impacted by having to rearrange classroom groupings and in some circumstances hire additional personnel.Proposed amendments provide children within these ages to continue to be grouped together; providing continuity of care, further securing social-emotional attachment for the most vulnerable age, and meet the needs of the child care industry.The amended mixed-age grouping is also supported by national early childhood accrediting organizations.CCS received input regarding the mixed-age ratio for infants and 1-year-olds category from the Child Care Advisory Committee (CCAC) child care center-based standing subcommittee on September 4, 2020.On September 9, 2020 proposed amendments for mixed-age staff-child ratios were also presented to CCAC.Proposed amendments to mixed-age staff-child ratio reflect inclusion of the 2-year-olds within the infants and 1-year-olds mixed-age grouping and benefits the child care industry.
Strategic Plan Impact.
The proposed amendments achieve Oklahoma Department of Human Services (OKDHS) goals by continuously improving systems and processes impacting licensed child care programs.
Substantive changes.
Subchapter 3. Licensing Standards for Child Care Facilities
Part 9 Requirements for Residential Child Care Facilities
Oklahoma Administrative Code (OAC) 340:110-3-153.1 is amended to reflect: (1) program and executive directors do not serve as program directors for multiple facility locations; (2) revisions to criminal background investigations; (3) updated training sources of cardio-pulmonary resuscitation (CPR) and first aid; (4) first aid training exemption for personnel having a current nursing certification or degree; (5) 90-calendar day timeframes to receive OKDHS approved behavioral intervention trainings; and (6) alignment of 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
Appendix GG Ratios and Group Sizes, is amended to reflect licensing requirement revisions to mixed-age staff-child ratios for:(1) child care centers; (2) drop-in programs; and (3) part-day programs.Staff-child ratios impacted include mixed-aged ratios for infants and 1-year-olds with proposed amendments for inclusion of 2-year olds.
Reasons.
Proposed amendments for residential facilities are necessary:(1) for compliance with federal regulation under the Family First Prevention Services Act Public Law 115-123 regarding criminal background investigations; (2) provide for program operation oversite; (3) update CPR and first aid training sources; (4) provide exemption of first aid training for personnel having a current nursing certification or degree; and (5) provide for 90-calendar day timeframe to receive behavioral intervention trainings.
Mixed-age staff-child ratio licensing requirements are amended for:(1) child care centers; (2) drop-in programs; and (3) part-day programs.Amendments to licensing requirements provide improved services to programs by revising mixed-age staff-child ratio requirements for infants and 1-year-olds with proposed amendments for inclusion of 2-year olds.
Repercussions.
Proposed amendments for residential facilities are necessary:(1) for compliance with federal regulation of Family First Prevention Services Act Public Law 115-123 regarding criminal background investigations; (2) provide for program operation oversite; (3) update CPR and first aid training sources; (4) provide exemption of first aid training for personnel having a current nursing certification or degree; and (5) provide for 90-calendar day timeframe to receive behavioral intervention trainings.
The proposed amendments amend mixed-age staff-child ratio licensing requirements for:(1) child care centers; (2) drop-in programs; and (3) part-day programs.Amendments to licensing requirements:(1) improve staff-child ratios for licensed child care programs; and (2) meet the needs of the child care industry.
Legal authority.
Director of Human Services; 56 O.S. § 162; 10 O.S. § 404 of the Oklahoma Child Care Facilities Licensing Act; Family First Prevention Services Act Public Law 115-123.
Emergency 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 residential facilities, child care centers, drop-in programs, part-day 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 residential facilities, child care centers, drop-in programs, part-day 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 child care centers, drop-in programs, and part-day programs.A minimal number of residential programs may incur a cost depending on current personnel being qualified for program director qualifications.Revisions to residential licensing requirements effective November 1, 2020, reducing the program director qualification requirements, assist with the potential of existing staff meeting program director qualifications.
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 to the agency associated with the amendments for licensing requirements include updates to the licensing database system and distribution to residential and child care programs totaling approximately $15,000. Funding will be provided by 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 improved services for licensed residential facilities, child care centers, drop-in programs, and part-day programs by revising licensing requirements and complying with federal regulation of the Family First Prevention Services Act Public Law 115-123.
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 proposed amendments to licensed child care centers, drop-in programs, and part-day programs.Economic impact may be incurred by residential facilities depending on program and executive director responsibilities.
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 proposed amendments provide improved services for licensed residential facilities, child care centers, drop-in programs, and part-day programs by revising licensing requirements and complying with federal regulation of the Family First Prevention Services Act Public Law 115-123.
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) residential facilities will not be in compliance with federal law for Family First Prevention Services Act Public Law 115-123; (2) improved program oversite and services to residential facilities will not occur; and (3) improved mixed-age staff-child ratios cannot occur in child care centers, drop-in programs, and part-day programs impacting program services and potentially cause financial hardship to affected child care programs. OKDHS would be at risk of reduced Title IV-E federal funding.
K.The date the rule impact statement was prepared and, if modified, the date modified:Prepared September 23, 2020.
SUBCHAPTER 3. LICENSING STANDARDS FOR CHILD CARE FACILITIES
PART 9. REQUIREMENTS FOR RESIDENTIAL CHILD CARE FACILITIES
340:110-3-153.1. Personnel
Revised 11-1-20
(a) Personnel policy.Personnel policy includes defining staff personnel, essential position functions, qualifications, and authority lines.
(b) Personnel and responsibilities.The program recruits personnel with specialized skills, knowledge, and the cultural understanding and competencies necessary for quality residential care services.
(1) Executive director.The program employs an executive director, superintendent, or administrator; and in his or her absence, an individual is designated in charge.
(A) The executive director, superintendent, or administrator is responsible for employing individuals possessing adequate education, professional development, and experience to perform assigned positions' essential functions.
(B) The executive director is responsible for implementing the policies adopted by the governing board and ongoing program operation.
(C) When acting as program director, the executive director meets the requirements in (b)(2) of this Section.
(2) Program director.The program director is responsible for implementing and supervising programs and services.
(A) The executive director may also serve as the program director, when meeting the qualifications in (d)(2) of this Section.
(B) The program director, including the executive director acting as program director, does not serve as program director at more than one facility location.
(3) Social services personnel.Social services personnel are responsible for admission assessments, placement services, counseling, residents' and his or her families' casework services, service plans, service plan reviews, and discharge plans.
(4) Child care personnel.Child care personnel are responsible for meeting residents' needs, taking in account the residents' ages, physical and mental conditions, and other factors affecting the amount of attention indicated.
(5) Support personnel.Support personnel are responsible for providing support duties.
(6) On-call and part-time personnel.On-call and part-time personnel are responsible for the position duties they are assigned.
(7) On-site official.There is an on-site official authorized to apply the reasonable and prudent parent standard.
(c) Volunteers.When a program uses volunteers, the program maintains current, written volunteer policy.Volunteers:
(1) counted in ratios meet all child care personnel requirements;
(2) receive orientation prior to resident contact; and
(3) work under the executive director's or designated personnel's direct supervision.
(d) Executive director and program director qualifications.The executive director, superintendent, or administrator, and program director possess adequate education, professional development, and experience to perform the positions' essential functions.
(1) In a program where the executive director operates primarily as an administrator and employs a program director, an executive director hired after June 15, 1990, has a minimum of a bachelor's degree from an accredited college or university.
(2) Individuals solely responsible for direct program supervision, when filling executive director or program director positions, meet at a minimum, one of the qualifications in (A) through (D) of this paragraph:
(A) a bachelor's degree from an accredited college or university with at least nine-college credit hours in family focus, individual function and interaction, child development, sociology, social work, and/or or a closely related subject, and 36 months children's services experience;
(B) a master's degree in social work, psychology, guidance and counseling, sociology, child development, human relations, behavioral science or other closely related subject from an accredited college or university and 24 months children's services experience;
(C) a doctorate in medicine, social work, psychology, guidance and counseling, sociology, child development, human relations, or closely related subject from an accredited college or university and 12 months children's services experience; or
(D) for programs specializing in substance abuse treatment, certification as a Qualified Substance Abuse Professional (QSAP).
(e) Child care and supervisory personnel qualifications.Child care and supervisory personnel possess adequate education, professional development, and experience to perform the position's essential functions.
(1) Child care personnel are at least 21 years of age.
(2) Personnel hired after June 15, 1990, have a high school diploma or equivalent within 12 months of employment.
(f) Social services personnel qualifications.Social services personnel, whether employees or contractors, possess adequate education, professional development, and experience to perform the position's essential functions.
(1) Social services supervisory personnel responsible for developing and implementing the social services program, meet at a minimum, one of the qualifications in (A) through (D) of this paragraph, including a bachelor's degree:
(A) in social work from an accredited college or university;
(B) in behavioral science, social science, or other related subject from an accredited college or university and 12 months children's services experience;
(C) with at least nine-college credit hours in family focus, individual function and interactions, child development, sociology, social work, and/or or a closely related subject, and 48 months children's services experience; or
(D) for programs specializing in substance abuse treatment, when social services personnel are supervised by a QSAP.
(2) Social services personnel hired after June 15, 1990, providing only casework services have a bachelor's degree in a related subject from an accredited college or university.
(g) Employment requirements.Personnel meet requirements in (1) through (3) of this subsection.
(1) References.The program obtains three references for personnel prior to employment.
(A) Verified references include the date, interview questions, responses, and interviewer's signature.
(B) Copies are maintained in the employee's personnel record.
(2) Tuberculin test.Tuberculosis testing is not required on a routine basis.Programs comply with the Oklahoma State Department of Health recommendation regarding tuberculin skin testing, when there is a local identified tuberculin exposure.
(3) Performance evaluation.A written performance evaluation is updated at least annually and maintained in the employee's personnel record.
(h) Background investigations - general.
(1) Required individuals.Background investigations are required, per the Oklahoma Child Care Facilities Licensing Act, Section 404.1 of Title 10 of the Oklahoma Statutes,unless an exception, per (3) of this subsection applies for:
(A) owners, prior to authorization to operate;
(B) responsible entities, prior to authorization to operate and, when there is a change in a responsible entity;
(C) personnel applicants, prior to hire; however, the program may hire individuals, when:
(i) the program has submitted a criminal history review request to the Office of Background Investigations (OBI) and received a preliminary approval indicating the fingerprint results are received from OBI;
(ii) only awaiting the national criminal history records search, based on fingerprint submission;
(iii) criminal history review results from the OBI are received by the program.However, until complete results are received, the individual does not have unsupervised access to residents; and
(iv)(iii) coming from another licensed program owned by the same business entity.Individuals are not required to repeat the background investigation process, unless required, per (2) of this subsection, with the exception of criminal history restriction waivers, provided there is no break in employment from the business entity;
(D) individuals with unsupervised resident access, prior to having resident access, unless an exception, per (3) of this subsection applies;
(E) adults living in the facility prior to authorization to operate or moving into the facility of an existing program.This includes residents, who become 18 years of age while living in the facility, unless exempt as a resident receiving services from the program; and
(F) individuals having access to, or review of, fingerprint results, prior to access to or review of results.
(2) Resubmission of criminal history reviews as of November 2, 2017.Effective November 2, 2017, programs request a criminal history review process, excluding fingerprinting, for required individuals every five years.However, criminal history reviews requested prior to November 2, 2017, are resubmitted by November 1, 2022.
(3) Non-required individuals.Background investigations are not required for:
(A) specialized service professionals who are not program personnel, provided parent releases are obtained, per Oklahoma Administrative Code (OAC) 340:110-3-154(a)(4)(E);
(B) volunteer drivers transporting residents on an irregular basis and not filling another position, provided parent releases are obtained, per OAC 340:110-3-154(a)(4)(E);
(C) contracted drivers not filling another position or having unsupervised resident access;
(D) contracted non-personnel not having unsupervised resident access, such as when the program contracts for special activities or facility repair;
(E) individuals who are not program personnel and have contact with residents as part of family, community, and social activities, education, or employment, provided administrative and program policies are met including policy regarding trips away from the facility; and
(F) residents who become 18 years of age while living in the facility and continue to receive program services.
(i) Background investigations - Restricted Registry.The program conducts an online search of the Restricted Registry, also named Joshua's List, when required, per (h) of this Section.
(1) Non-registrants.Non-registrants are individuals not recorded on the Restricted Registry.
(2) Registrants.Registrants are individuals recorded on the Restricted Registry, who are prohibited from licensure, ownership, employment, unsupervised-resident access, facility residence, and prohibited individuals, per (j) of this Section.
(j) Background investigations - criminal history.The program and required individuals complete the criminal history review process.The program receives the completed criminal history review results from OBI, when required, per (h) of this Section.
(1) Criminal history prohibitions.Individuals with criminal history prohibitions are prohibited, per (k) of this Section.Criminal history prohibitions include:
(A) required registration under the:
(i) Sex Offenders Registration Act, including state and national repositories; or
(ii) Mary Rippy Violent Crime Offenders Registration Act; or
(B) pleas of guilty or nolo contendere (no contest), or convictions of felonies involving:
(i) murder, as defined in Section 1111 of Title 18 of United States Code;
(ii) child abuse or neglect;
(iii) crimes against children, including child pornography;
(iv) spousal abuse;
(v) crimes involving rape or sexual assault;
(vi) kidnapping;
(vii) arson;
(viii) physical assault or battery; or
(ix) a drug-related offense committed during the preceding five years, unless a criminal history restriction waiver, per (2) of this subsection is granted; or
(C) pleas of guilty or nolo contendere (no contest), or convictions of violent misdemeanors committed as adults against a child involving:
(i) child abuse or child endangerment; or
(ii) sexual assault; or
(D) pleas of guilty or nolo contendere (no contest), or convictions of misdemeanors involving child pornography.
(2) Criminal history restrictions.Individuals with criminal history restrictions are prohibited, per (k) of this Section, unless a criminal history restriction waiver is granted.Criminal history restrictions include pending charges, pleas of guilty or nolo contendere (no contest), or conviction of criminal activity involving:
(A) gross irresponsibility or disregard for the safety of others;
(B) violence against an individual;
(C) sexual misconduct;
(D) child abuse or neglect;
(E) animal cruelty;
(F) illegal drug possession, sale, or distribution; or
(G) a pattern of criminal activity.
(3) Criminal history restriction waivers.Restriction waivers are described in (A) through (C) of this paragraph.
(A) Restriction waivers may be requested for individuals having criminal history restrictions.The owner, responsible entity, or director completes requests on an Oklahoma Department of Human Services (DHS) (OKDHS) form.
(B) Restriction waivers are not requested or granted for:
(i) Restricted Registry registrants;
(ii) individuals with criminal history prohibitions; or
(iii) individuals whose sentence has not expired for criminal history restrictions.
(C) Individuals identified in pending or denied restriction waiver requests are prohibited, per (k) of this Section.
(k) Prohibited individuals.
(1) Background investigation of required individuals.The program does not allow a required individual to be the owner or responsible entity, to be employed, live in the facility, or have:
(A) resident access, such as being present at the facility during the hours of operation or present with the residents in care while off-site, when the individual has criminal history:
(i) prohibitions; or
(ii) restrictions, unless a criminal history restriction waiver is granted.Individuals identified in a pending or denied restriction waiver request are prohibited; or
(B) unsupervised resident access, when the individual is a Restricted Registry registrant.
(2) Background investigation statements and consents.Individuals are prohibited to be the owner or responsible entity, to be employed, or to live in the facility, when:
(A) the individual refuses to consent to background investigations, per (h) of this Section; or
(B) knowingly makes a materially-false statement in connection with criminal background investigations.
(3) Alcohol, drugs, and medication.When residents are in care, no individual employed by the program or providing program services may use or be under the influence of:
(A) alcohol or illegal drugs; or
(B) medication that impairs impairing his or her functioning.
(4) Child endangerment.An individual whose health or behavior would endanger residents' health, safety, or well-being is not permitted to live in or be on the premises when residents are in care.
(5) Criminal allegations.When personnel is alleged to have committed an act, per (j) of this Section, the program's executive director determines and documents when the personnel is removed from resident contact until the allegation is resolved.However, when criminal charges are filed, the accused is removed from resident contact until the charges are resolved.
(6) Deferred sentences.Individuals having a deferred sentence for charges in (j)(2) of this Section are removed from resident contact for the deferment duration.
(l) Orientation.Personnel receive orientation within 30-calendar days of employment.
(1) Personnel receive orientation prior to assignment as the primary personnel responsible for residents.
(2) Orientation includes, at least:
(A) confidentiality;
(B) resident grievance process;
(C) fire and disaster plans;
(D) suicide awareness and protocol;
(E) emergency medical procedures;
(F) organizational structure;
(G) program philosophy;
(H) personnel policy and procedures;
(I) mandatory child abuse reporting; and
(J) administrative policy and procedure regarding behavior management.
(3) DHS OKDHS Publication No. 86-78, Licensing Requirements for Residential Child Care Facilities, is part of the orientation process and available to personnel at all times.
(4) Orientation counts toward total professional development hours for the first 12 months.
(m) Personnel professional development.Personnel meet professional development requirements in (1) through (7) of this subsection.
(1) Professional development for the administrator and program director.The administrator and program director obtain at least 12-clock hours of professional development annually.Hours are prorated at one hour per month for personnel not employed for a full-calendar year.The content pertains to position roles and responsibilities.
(2) Professional development for social services personnel.Social services personnel, including licensed mental health professionals and those providing casework services, obtain at least 12-clock hours professional development annually.Hours are prorated at one hour per month for personnel not employed for a full-calendar year.The content pertains to the position roles and responsibilities.
(3) Professional development for child care personnel.Child care personnel receive professional development.
(A) Full-time child care personnel obtain at least 24-clock hours of professional development courses annually.Hours are prorated at two hours per month for personnel not employed for a full-calendar year.
(B) Part-time child care personnel obtain at least 12-clock hours of professional development courses annually.
(C) On-call or substitute child care personnel obtain at least six-clock hours of professional development courses annually.
(D) The child care personnel professional development is relative to the assigned positions, roles, and responsibilities.
(E) When residents are in care on the facility premises or on a program-sponsored field trip, at least one personnel is present with current age-appropriate first aid and cardio-pulmonary resuscitation (CPR) documentation.All other child care personnel obtain and maintain age-appropriate first aid and CPR within 90-calendar days of employment.CPR and first aid training are conducted by a certified instructor from an OKDHS-approved source.
(i) CPR training is conducted by an individual certified as an instructor through the:
(I) American Red Cross;
(II) Emergency Medical Services (EMS) Safety Services;
(III) Emergency Care and Safety Institute;
(IV) American Heart Association or American Heart-sponsored CPR for Family and Friends; or
(V) American Safety and Health Institute.
(ii) First aid training is conducted by an individual certified as a first aid instructor, or a health care professional using a curriculum from a DHS-approved source through the:
(I) Emergency Medical Services for Children (EMSC) First Care;
(II) American Red Cross;
(III) EMS Safety Services;
(IV) Emergency Care and Safety Institute;
(V) American Heart Association;
(VI) American Safety and Health Institute;
(VII) American Academy of Pediatrics First Aid for Caregivers and Teachers (PedFACTs); or
(VIII) other DHS-approved source.
(F) Child care personnel with a current nursing certification or degree are exempt from the first aid certification requirement.
(4) Professional development for support personnel.Support personnel providing occasional instruction or professional development to residents obtain at least six-clock hours of professional development courses annually.The content is relative to the position, role, and responsibility or resident interactions.
(5) Behavioral intervention techniques.Within 30-calendar 90-calendar days of employment, and prior to being solely responsible for residents, child care personnel and support personnel providing occasional instruction to residents, complete professional development or provide current certification in OKDHS-approved behavioral intervention techniques, to include at least the demonstration of:
(A) rules and appropriate consequences of various interventions;
(B) techniques for early de-escalation and preventive intervention;
(C) team approaches to behavior management;
(D) verbal crisis intervention; and
(E) safe and appropriate physical restraint, when applicable, per program policy.
(6) Reasonable and prudent parent standard professional development.A designated, on-site official authorized to apply the reasonable and prudent parent standard receives professional development on the use of reasonable and prudent parent standards.
(7) Contracted personnel professional development.Contracted personnel not providing direct care or counted in the supervision ratio are exempt from meeting the personnel professional development requirements in (m)(1) through (6) of this Section.
(n) Documentation.Orientation and professional development hours are documented and available for Licensing review.Documentation includes personnel names attending, course titles and descriptions, dates, hours attended, and trainer or facilitator names.
(o) Personnel records.Programs maintain personnel records for each employee.
(1) The program submits to Licensing at the time of request for license a:
(A) a current employee list; and
(B) DHS-provided an OKDHS-provided personnel information sheet, for each employee.
(2) The program maintains written personnel information for each employee.The personnel file includes:
(A) a DHS-provided an OKDHS-provided personnel information sheet, completed for each personnel and submitted to Licensing within two weeks of his or her employment;
(B) an application, resume, or personnel information sheet documenting position specific qualifications;
(C) criminal history review requests and results documentation;
(D) other applicable criminal history records;
(E) three references;
(F) annual performance evaluation reports and notes relating to the individual's program employment;
(G) the employment date;
(H) the date and reason for leaving employment; and
(I) program required health records.
(4)(3) Personnel records are maintained for at least 12 months following the last employment date, unless the requirements specifically state otherwise.
(5)(4) Licensing has access to personnel records and other confidential documents relevant to agency employees personnel.
APPENDIX GG.RATIOS AND GROUP SIZES
Programs may have single-age groups, mixed-age groups, or both.Ratios and maximum group sizes are determined by the actualages of the children in the group and the type of program license per Oklahoma Administrative Code 340:110-3-275.
Day Camps
Children in Group |
Ratios |
Maximum Group Sizes |
5-year-olds and older |
1:15 |
The number of children in an activity is limited to facilitate:
|
Out-of-School Time Programs
The age of the youngest child in a mixed-age group determines the ratio and group size.
Youngest Child In Group |
Ratios |
Maximum Group Sizes |
3-year-olds |
1:12 |
24 |
4-year-olds |
1:15 |
30 |
5-year-olds (and older groups) |
1:20 |
The number of children in an activity is limited to facilitate:
|
Programs for Sick Children
The age of the youngest child in a mixed-age group determines the ratio and group size.
Youngest Child In Group |
Ratios |
Maximum Group Sizes |
Infants |
1:3 |
6 |
1-year-olds |
1:3 |
6 |
2-year-olds |
1:4 |
8 |
3-year-olds |
1:4 |
8 |
4-year-olds |
1:4 |
8 |
5-year-olds |
1:4 |
8 |
6-year-olds (and older groups) |
1:6 |
12 |
Child Care Centers, Drop-In Programs, and Part-Day Programs
Single-Age Group Chart Use when the:
|
Ratios |
Maximum Group Size |
Infants |
1:4 |
8 |
1-year-olds |
1:6 |
12 |
2-year-olds |
1:8 |
16 |
3-year-olds |
1:12 |
24 |
4-year-olds |
1:15 |
30 |
5 -year-olds (and older single-age groups) |
1:20 |
40 |
Child Care Centers, Drop-In Programs, and Part-Day Programs (continued)
Mixed-Age Group Chart Use when the group of children aredifferent ages, unless the Mixed-Age Group Exception* applies. |
Ratios |
Maximum Group Size |
|
Infants |
1:6 |
No more than two infants per teaching personnel |
12 |
Infants and older |
1:8 |
No more than two under2 years of age per teaching personnel |
16 |
1-year-olds and older |
1:8 |
No more than two 1-year-olds per teaching personnel |
16 |
2-year-olds and older |
1:12 |
No more than four 2-year-olds per teaching personnel |
24 |
3-year-olds and older |
1:15 |
No more than six 3-year-olds per teaching personnel |
30 |
4-year-olds and older |
1:18 |
No more than eight 4-year-olds per teaching personnel |
36 |
5-year-olds and older (and older mixed-age groups) |
1:20 |
40 |
|
*Mixed-Age Group Exception. If a mixed-age group of children is understaffed or over group size according to the Mixed-Age Group Chart, refer to the Single-Age Group Chart to determine if the mixed-age group may be in compliance.In this situation, the age of the youngest child in the mixed-age group determines the ratio and group size used in the Single-Age Group Chart.The children may remain in their mixed-age group even when following the Single-Age Group Chart.
Swimming and Wading Ratios
These ratios are maintained when the children are swimming, wading, or both.However, these ratios do not apply when the children are participating in swimming lessons with a certified instructor.The age of the youngest child in a mixed-age group determines the ratio.
Youngest Child In Group |
Ratio |
Infants |
1:1 |
1-year-olds |
1:1 |
2-year-olds |
1:2 |
3-year-olds |
1:6 |
4-year-olds |
1:7 |
5-year-olds |
1:7 |
6-year-olds (and older groups) |
1:10 |
Shoreline Ratios
5-year-olds and older may participate in shoreline activities provided the swimming and wading ratios are maintained.
