COMMENT DUE DATE:
February 14, 2020
DATE:
January 15, 2020
Mitzi Lee, Programs Manager, Child Care Services 405-521-2556
Dena Thayer, Programs Administrator, Legal Services - Policy 405-521-4326
Nancy Kelly, Policy Specialist, Legal Services - Policy 405-522-6703
RE:
APA WF 20-110
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 amendments are permanent.
A public hearing is scheduled for 10:00 a.m. on February 24, 2020, 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 [AMENDED]
340:110-1-8.6 [AMENDED]
340:110-1-8.8 through 340:110-1-8.10 [AMENDED]
340:110-1-9.2 [AMENDED]
340:110-1-10.1 [AMENDED]
340:110-1-15 [AMENDED]
Part 3. Licensing Services – Residential Care and Agencies
340:110-1-47 through 340:110-1-47.1 [AMENDED]
340:110-1-54 [AMENDED]
Subchapter 3. Licensing Standards for Child Care Facilities
Part 5. Requirements for Family Child Care Homes and Large FamilyChild Care Homes
340:110-3-84 through 340:110-3-85 [AMENDED]
340:110-3-91 through 340:110-3-91.1 [AMENDED]
340:110-3-97.1 [AMENDED]
Part 9. Requirements for Residential Child Care Facilities
340:110-3-147 [AMENDED]
340:110-3-153 through 340:110-3-153.1 [AMENDED]
340:110-3-154.2 [AMENDED]
340:110-3-154.4 [AMENDED]
340:110-3-168 [AMENDED]
Subchapter 5. Requirements for Child-Placing Agencies
Part 1. Requirements for Child-Placing Agencies
340:110-5-4 [AMENDED]
340:110-5-6 through 340:110-5-7 [AMENDED]
340:110-5-9 through 340:110-5-11 [AMENDED]
340:110-5-12 [AMENDED]
Part 3. Requirements for Adoption Agencies
340:110-5-32 [AMENDED]
Part 5. Requirements for Foster Homes Agencies
340:110-5-63 [AMENDED]
Part 9. Requirements for Independent Living Programs
340:110-5-117 [AMENDED]
(Reference WF 20-110)
SUMMARY:
The proposed amendments to Chapter 110, Subchapter 1, Part 1 and Part 3 amend Child Care Services (CCS) procedures for quality rating and improvement system (QRIS), complaint investigations, Restricted Registry, grievance policy, and case management.Subchapter 3, Part5 and Part 9, amend licensing requirements for family child care homes, large child care homes, and residential facilities.Subchapter 5, Part 1, Part 3, Part 5, and Part 9 amend licensing requirements for child-placing agencies.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.Proposed amendments align residential and child-placing agency licensing requirements with federal statutes regarding mechanical restraints and adoption record retention.Proposed amendments to licensing requirements were reviewed and approved by Child Care Advisory Committee's standing subcommittees representing family child care homes, residential facilities, and child-placing agencies.
PERMANENT APPROVAL:Permanent rulemaking is requested.
LEGAL AUTHORITY:Director of Human Services; 56 O.S. § 162; 10 O.S. §§ 404, 405.3, and 406 of the Oklahoma Child Care Facilities Licensing Act.
Rule Impact Statement
To:Programs administrator
Legal Services - Policy
From:Jennifer Towell, Director
Child Care Services
Date:December 13, 2019
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 [AMENDED]
340:110-1-8.6 [AMENDED]
340:110-1-8.8 through 340:110-1-8.10 [AMENDED]
340:110-1-9.2 [AMENDED]
340:110-1-10.1 [AMENDED]
340:110-1-15 [AMENDED]
Part 3. Licensing Services – Residential Care and Agencies
340:110-1-47 through 340:110-1-47.1 [AMENDED]
340:110-1-54 [AMENDED]
Subchapter 3. Licensing Standards for Child Care Facilities
Part 5. Requirements for Family Child Care Homes and Large Family Child Care Homes
340:110-3-84 through 340:110-3-85 [AMENDED]
340:110-3-91 through 340:110-3-91.1 [AMENDED]
340:110-3-97.1 [AMENDED]
Part 9. Requirements for Residential Child Care Facilities
340:110-3-147 [AMENDED]
340:110-3-153 through 340:110-3-153.1 [AMENDED]
340:110-3-154.2 [AMENDED]
340:110-3-154.4 [AMENDED]
340:110-3-168 [AMENDED]
Subchapter 5.Requirements for Child-Placing Agencies
Part 1. Requirements for Child-Placing Agencies
340:110-5-4 [AMENDED]
340:110-5-6 through 340:110-5-7 [AMENDED]
340:110-5-9 through 340:110-5-11 [AMENDED]
340:110-5-12 [AMENDED]
Part 3. Requirements for Adoption Agencies
340:110-5-32 [AMENDED]
Part 5. Requirements for Foster Homes Agencies
340:110-5-63 [AMENDED]
Part 9. Requirements for Independent Living Programs
340:110-5-117 [AMENDED]
(Reference WF 20-110)
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 and Part 3 amend Child Care Services (CCS) procedures for quality rating and improvement system (QRIS), complaint investigations, Restricted Registry, grievance policy, and case management.Subchapter 3, Part5 and Part 9, amend licensing requirements for family child care homes, large child care homes, and residential facilities.Subchapter 5, Part 1, Part 3, Part 5, and Part 9 amend licensing requirements for child-placing agencies.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.Proposed amendments align residential and child-placing agency licensing requirements with federal statutes regarding mechanical restraints and adoption record retention.Proposed amendments to licensing requirements were reviewed and approved by Child Care Advisory Committee's standing subcommittees representing family child care homes, residential facilities, and 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) 340:110-1-8.4 is amended to:(1) clarify criteria for a denial of request for certification or reduction of star status; and (2) align CCS terminology.
OAC 340:110-1-8.6 is amended to clarify:(1) master teacher ratio for day camp programs; and (2) Early Learning Guidelines training for probationary master teachers.
OAC 340:110-1-8.8 is amended to:(1) clarify interest areas for out-of-school time and day-camp programs; and (2) align CCS terminology.
OAC 340:110-1-8.9 is amended to:(1) clarify additional types of parent communication involving social media; (2) clarify parent conferences for programs operating part-year; and (3) align CCS terminology.
OAC 340:110-1-8.10 is amended to:(1) clarify programs not required to utilize the CCS program evaluation assessment tool; and (2) align CCS terminology.
OAC 340:110-1-9.2 is amended to:(1) reflect revised initiation time frames for Risk Level I, II, and III complaints; (2) clarify categories of non-compliances for Risk Level I, II, and III complaints; (3) reflect deletion of the ruled out category from finding determinations; (4) clarify CCS process and procedures; and (5) align CCS terminology.
OAC 340:110-1-10.1 is amended to:(1) clarify criminal offenses considered for registration to also include alcohol-related offenses; (2) clarify Restricted Registry Review Committee's responsibilities regarding registrant registration; (3) reflect additional criteria considered for registration removal; (4) clarify grievance processes for continued placement on the Restricted Registry; and (5) align CCS terminology.
OAC 340:110-1-15 is amended to:(1) clarify receipt of grievances; and (2) align CCS terminology.
Part 3. Licensing Services – Residential Care and Agencies
OAC 340:110-1-47 is amended to:(1) clarify CCS practice and procedure; and (2) align CCS terminology.
OAC 340:110-1-47.1 is amended to:(1) reflect revised initiation time frames for Risk Level I, II, and III complaints; (2) clarify categories of non-compliances for Risk Level I, II, and III complaints; (3) reflect deletion of the ruled out category from finding determinations; (4) clarify CCS process and procedures; and (5) align CCS terminology.
OAC 340:110-1-54 is amended to:(1) clarify receipt of grievances; and (2) 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 340:110-3-84 is amended to:(1) clarify ages of children counting in capacity when care is provided at an alternate residence; and (2) align CCS terminology.
OAC 340:110-3-85 is amended to:(1) clarify posting of license includes denial and revocation notice; (2) reflect child development training; and (3) align CCS terminology.
OAC 340:110-3-91 is amended to:(1) clarify appropriate media use for children; (2) clarify types of prohibited equipment; and (3) align CCS terminology.
OAC 340:110-3-91.1 is amended to:(1) align rest time requirements to reflect infant safe sleep practices; and (2) align CCS terminology.
OAC 340:110-3-97.1 is amended to:(1) reflect additional qualification option of a Certified Childcare Professional (CCP) credential for a large family child care home primary caregiver; and (2) align CCS terminology.
Part 9. Requirements for Residential Child Care Facilities
OAC 340:110-3-147 is amended to:(1) clarify posting of license includes denial and revocation notice; and (2) align CCS terminology.
OAC 340:110-3-153 is amended to:(1) remove annual financial records audit; and (2) align CCS terminology.
OAC 340:110-3-153.1 is amended to:(1) reflect expansion of executive and program director, and social services personnel qualifications to assist with hiring of program personnel; (2) clarify behavior intervention training includes demonstration techniques; (3) require submission of personnel information to CCS within two weeks of employment; and (4) align CCS terminology.
OAC 340:110-3-154.2 is amended to:(1) include enticing a resident to engage in verbal or physical altercation as a prohibitive act; and (2) align CCS terminology
OAC 340:110-3-154.4 is amended to:(1) remove nutritionist or licensed dietitian annual consultation; and (2) align CCS terminology.
OAC 340:110-3-168 is amended to reflect:(1) revisions to service plan review timeframes; and (2) restriction of mechanical restraints on children 18 years of age and younger.
Subchapter 5.Requirements for Child-Placing Agencies
Part 1. Requirements for Child-Placing Agencies
OAC 340:110-5-4 is amended to:(1) clarify posting of license includes denial and revocation notice; and (2) align CCS terminology.
OAC 340:110-5-6 is amended to:(1) require notification to CCS within 30-calendar days of change in address and next business day for a child death; and (2) align CCS terminology.
OAC 340:110-5-7 is amended to:(1) remove annual financial records audit; and (2) align CCS terminology.
OAC 340:110-5-9 is amended to:(1) reflect expansion of executive director qualifications to assist with hiring of program personnel; and (2) align CCS terminology.
OAC 340:110-5-10 is amended to:(1) reflect expansion of child placement supervisor qualifications to assist with hiring of program personnel; and (2) align CCS terminology.
OAC 340:110-5-11 is amended to:(1) reflect expansion of social services personnel qualifications to assist with hiring of program personnel; and (2) align CCS terminology.
OAC 340:110-5-12 is amended to:(1) require submission of personnel information to CCS within two weeks of employment; and (2) align CCS terminology.
Part 3.Requirements for Adoption Agencies
OAC 340:110-5-32 is amended to:(1) revise adoption records retention to meet Section 7508-1.1 et seq. of Title 10 (10 O.S. §§ 7508.-1.1 et seq.); and (2) align CCS terminology.
Part 5.Requirements for Foster Homes Agencies
OAC 340:110-5-63 is amended to:(1) reflect revisions for medical exam timeframes for children; and (2) align CCS terminology.
Part 9. Requirements for Independent Living Programs
OAC 340:110-5-117 is amended to require a supervision plan when youth and adults utilize the same program space for independent living programs.
Reasons.
Chapter 110, Subchapter 1, Part 1 and Part 3.The proposed amendments address needed clarifications of CCS practice and licensing procedures regarding procedures for QRIS, complaint investigations, Restricted Registry, grievance policy, and case management.Subchapter 3, Part5 and Part 9 amend licensing requirements for family child care homes, large child care homes, and residential facilities.Subchapter 5, Part 1, Part 3, Part 5, and Part 9 amend licensing requirements for child-placing agencies.Amendments to licensing requirements:(1) provide improved services to programs by clarifying requirement language; and (2) improve health and safety of children.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 needed clarifications for CCS practice and licensing procedures regarding procedures for QRIS, complaint investigations, Restricted Registry, grievance policy, and case management.Subchapter 3, Part5 and Part 9 amend licensing requirements for family child care homes, large child care homes, and residential facilities.Subchapter 5, Part 1, Part 3, Part 5, and Part 9 amend licensing requirements for child-placing agencies.Amendments to licensing requirements:(1) provide consistent interpretation of CCS licensing requirements and improved services for licensed child care programs, residential child care facilities, and child-placing agencies; and (2) improve health and safety of children.
Legal authority.
Director of Human Services; 56 O.S. § 162; 10 O.S. §§ 404, 405.3, and 406 of the Oklahoma Child Care Facilities Licensing Act.
Permanent rulemaking approval is requested effective November 1, 2020.
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:Estimated costs to the agency associated with the amended rules for licensing requirements include printing, mailing, and updates to the licensing database system totaling approximately $40,000.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:(1) consistent application of CCS policy and procedure for QRIS, complaint investigations, Restricted Registry, grievance policy, and case management; (2) consistent interpretation of licensing requirements; and (3) improved services for licensed child care programs, 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 proposed amendments to licensing requirements for family child care homes,residential child care facilities, or child-placing agencies.Amendments also 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 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 consistent application of CCS policy and procedure for QRIS, complaint investigations, Restricted Registry, grievance policy, and case management.Amendments also reflect improved health and safety requirements for children in care at licensed child care programs, residential facilities, and child-placing agencies.
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) health and safety of children would be impacted; (2) proposed rules reduce and clarify licensing requirements and improve operating and hiring procedures for programs; (3) CCS practice and licensing procedures will not be clarified; (4) consistent application of QRIS, complaint investigations, Restricted Registry, grievance policy, and case managementwould not occur, impacting services to licensed child care, residential child care facilities, and child-placing agencies; and (5) residential and child-placing agency licensing requirements would not align with federal statutes regarding mechanical restraints and adoption record retention.
K.The date the rule impact statement was prepared and, if modified, the date modified:Prepared July 1, 2019; modified December 13, 2019.
