COMMENT DUE DATE:
March 4, 2008
DATE:
February 15, 2008
Mitzi Lee DCC (405) 521-3561
Dena Thayer PMU Manager (405) 521-4326
Nancy Kelly PMU Specialist (405) 522-6703
RE:
APA WF 08-05
The proposed policy is Permanent . This proposal will go to the Commission meeting on
CHAPTER 110. LICENSING SERVICES
Subchapter 1. General Provisions
Part 1. Licensing Services - child Care
OAC 340:110-1-4 through 110-1-6
OAC 340:110-1-8 through 110-1-8.1
OAC 340:110-1-8.3
OAC 340:110-1-9 through 110-1-11
OAC 340:110-1-13
OAC 340:110-1-17
OAC 340:110-1-20 throug 110-1-21
Part 3. Licensing Services - Residential Care and Agencies
OAC 340:110-1-40
OAC 340:110-1-42 through 110-1-43.1
OAC 340:110-1-45 through 110-1-47.2
OAC 340:110-1-51 through 110-1-53
OAC 340:110-1-55
Subchapter 3. Licensing Standards for Child Care Facilities
Part 1. Requirements for Child Care Centers
OAC 340:110-3-5
Part 2. Requirements for Part-Day children's Programs
OAC 340:110-3-39
Part 5. Requirements for Family Child Care Homes and Large Family Child Care Homes
OAC 340:110-3-88
Part 14. Requirements for School-Age Programs
OAC 340:110-3-223
SUMMARY:: The purpose of the proposed revisions is to improve the program and services provided by the Oklahoma Department of Human Services (OKDHS) licensing field staff to child care facilities.Revisions also clarify current policy and division practice and reflect change in division name. Revisions of language in licensing requirements were made to clarify language and reflect changes in agency forms.The new rules provide clarification of current policy and procedure that provides direction to licensing staff who regulate and consult with licensed child care facilities in meeting requirements for licensure.
340:110-1-4.1 is amended to include the addition of new division forms.
340:110-1-6 is amended to reflect change in division name, requirements regarding a primary caregiver, and clarification of process for approval for family child care homes to provide foster care.
340:110-1-8 is amended to reflect change in division name, clarification of division procedure and addition of new forms for family child care homes.
340:110-1-8.1 is amended to reflect change in division name, clarify waiver procedures and the expansion of a waiver committee.
340:110-1-8.3 is amended to reflect change in division name, reordering of language, clarification of division practice and procedures, expansion of provider/master teacher qualifications, the compliance history time period was extended, and the environmental rating scale was removed from the program evaluation criteria.
340:110-1-9 is amended to reflect change in division name and clarify procedures for limitations of inactive care.
340:110-1-9.2 is amended to reflect change in division name and clarify division procedure.
340:110-1-9.3 is amended to reflect change in division name and additions to non-compliances that are considered serious.
340:110-1-9.4 is revised to reflect change in division name and addition of a division form.
340:110-1-11 is amended to reflect change in division name and clarify procedures for case closure.
340:110-1-13 is amended to reflect change in division name and changes in procedures regarding unlicensed care.
340:110-1-43.1 is amended to reflect change in division name and to include the additions of new division forms.
340:110-1-47.1 is amended to reflect change in division name and to reflect changes in procedures regarding unlicensed care.
340:110-1-51 is amended to reflect change in division name and to revise waiver approval process.
340:110-1-52 is amended to clarify division policy.
340:110-1-4, 340:110-1-5, 340:110-1-9.1, 340:110-1-95, 340:110-1-10, 340:110-1-17 340:110-1-20, 340:110-1-21, 340:110-1-40, 340:110-1-42 through 340:110-1-43, 340:110-1-45 through 340:110-1-47, 110-1-47.2, 340:110-1-53, and 340:110-1-55 are amended to reflect change in division name.
340:110-3-5, 340:110-3-39, 340:110-3-88, and 340:110-3-223 are revised to reflect change in the name of agency forms and allow for language to be consistent with the findings indicated on the forms.
PERMANENT RULEMAKING APPROVAL IS REQUESTED.
LEGAL AUTHORITY Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; and the Oklahoma Child Care Facilities Licensing Act, Section 401 et seq. of Title 10 of the Oklahoma Statutes.
STATE OF OKLAHOMA
DEPARTMENT OF HUMAN SERVICES
RULE IMPACT STATEMENT
TO:Programs Administrator
Policy Management Unit
Oklahoma Child Care Services
DATE:01-14-08
RE:APA WF # 08-05
Subchapter 1. General Provisions
Part 1. Licensing Services - child Care
OAC 340:110-1-4 through 110-1-6
OAC 340:110-1-8 through 110-1-8.1
OAC 340:110-1-8.3
OAC 340:110-1-9 through 110-1-11
OAC 340:110-1-13
OAC 340:110-1-17
OAC 340:110-1-20 throug 110-1-21
Part 3. Licensing Services - Residential Care and Agencies
OAC 340:110-1-40
OAC 340:110-1-42 through 110-1-43.1
OAC 340:110-1-45 through 110-1-47.2
OAC 340:110-1-51 through 110-1-53
OAC 340:110-1-55
Subchapter 3. Licensing Standards for Child Care Facilities
Part 1. Requirements for Child Care Centers
OAC 340:110-3-5
Part 2. Requirements for Part-Day children's Programs
OAC 340:110-3-39
Part 5. Requirements for Family Child Care Homes and Large Family Child Care Homes
OAC 340:110-3-88
Part 14. Requirements for School-Age Programs
OAC 340:110-3-223
CONTACT:Mitzi Lee, Telephone: 521-2556
A.Brief description of the purpose of the proposed rule.
PURPOSE:
The purpose of the proposed revisions is to improve the program and the services provided by the Department’s licensing field staff to child care facilities.Revisions also clarify current policy, division practice and reflect change in division name. Revisions of language in licensing requirements were made to clarify language and reflect changes in agency forms.
STRATEGIC PLAN IMPACT:
The rules clarify procedures that support and strengthen the family and protect its members.Continuously improves systems and processes to achieve agency goals.
SUBSTANTIVE CHANGES:
The new rules provide clarification of current policy and procedure that provides direction to licensing staff who regulate and consult with licensed child care facilities in meeting requirements for licensure.
340:110-1-4 Policy revised to reflect change in division name.
340:110-1-4.1 Policy revisions include the addition of new division forms.
340:110-1-5. Policy revised to reflect change in division name.
340:110-1-6 Policy revised to reflect change in division name, requirements regarding a primary caregiver, and clarification of process for approval for family child care homes to provide foster care.
340:110-1-8 Policy revised to reflect change in division name, clarification of division procedure and addition of new forms for family child care homes.
340:110-1-8.1 Policy revised to reflect change in division name, clarify waiver procedures and the expansion of a waiver committee.
340:110-1-8.3 Policy revised to reflect change in division name, reordering of language, clarification of division practice and procedures, expansion of provider/master teacher qualifications, the compliance history time period was extended, and the environmental rating scale was removed from the program evaluation criteria.
340:110-1-9 Policy revised to reflect change in division name, and clarify procedures for limitations of inactive care.
340:110-1-9.1 Policy revised to reflect change in division name.
340:110-1-9.2 Policy revised to reflect change in division name and clarify division procedure.
340:110-1-9.3 Policy revised to reflect change in division name and additions to non-compliances that are considered serious.
340:110-1-9.4 Policy revised to reflect change in division name and addition of a division form.
340:110-1-9.5 Policy revised to reflect change in division name.
340:110-1-10 Policy revised to reflect change in division name.
340:110-1-11 Policy revised to reflect change in division name and clarify procedures for case closure.
340:110-1-13 Policy revised to reflect change in division name and to reflect changes in procedures regarding unlicensed care.
340:110-1-17 Policy revised to reflect change in division name.
340:110-1-20 Policy revised to reflect change in division name.
340:110-1-21 Policy revised to reflect change in division name.
340:110-1-40 Policy revised to reflect change in division name.
340:110-1-42 Policy revised to reflect change in division name.
340:110-1-43. Policy revised to reflect change in division name.
340:110-1-43.1 Policy revised to reflect change in division name and to include the additions of new division forms.
340:110-1-45 Policy revised to reflect change in division name.
340:110-1-46 Policy revised to reflect change in division name.
340:110-1-47 Policy revised to reflect change in division name.
340:110-1-47.1 Policy revised to reflect change in division name and to reflect changes in procedures regarding unlicensed care.
340:110-1-47.2 Policy revised to reflect change in division name.
340:110-1-51 Policy revised to reflect change in division name and to revise waiver approval process.
340:110-1-52 Policy revised to reflect clarify division policy.
340:110-1-53 Policy revised to reflect change in division name.
340:110-1-55 Policy revised to reflect change in division name.
340:110-3-5 Requirement revisions reflect change in the name of agency forms and allows for language to be consistent with the findings indicated on the forms.
340:110-3-39 Requirement revisions reflect change in the name of agency forms and allows for language to be consistent with the findings indicated on the forms.
340:110-3-88 Requirement revisions reflect change in the name of agency forms and allows for language to be consistent with the findings indicated on the forms.
340:110-3-223 Requirement revisions reflect change in the name of agency forms and allows for language to be consistent with the findings indicated on the forms.
REASONS:
The reason for the proposed changes is to provide guidelines and clarify procedures for licensing staff. Revisions also reflect changes to unlicensed care procedures and waiver approval process.Revisions were also requested to clarify current policy and division practice.Revisions of language in licensing requirements for child care centers, school-age programs, part-day programs, family child care homes and large family child care homes were requested to clarify language and reflect changes in agency forms.
REPERCUSSIONS:
No repercussions are expected.Changes were made to clarify existing policy and protocol for licensing staff.
LEGAL AUTHORITY:
Oklahoma Child Care Facilities Licensing Act. 10 O.S., Section 401 through 410.
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 affected by the proposed rules are licensing staff, licensed child care facilities, Oklahoma Child Care Services and DHS in general.
C.A description of the classes of persons who will benefit from the proposed rule:
The classes of persons most likely to benefit from the proposed rules are licensing staff, licensed child care facilities, Oklahoma Child Care Services and DHS in general.
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:
No economic impact is foreseen with the implementation of these policy changes.
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 is no anticipated cost to the agency.Licensing staff will be trained utilizing existing state office staff assigned to this duty.
F.A determination of whether implementation of the proposed rule will have an economic impact on any political subdivisions or require their cooperation in implementing or enforcing the rule:
No economic impact is foreseen with the implementation of these policy changes.
G.A determination of whether implementation of the proposed rule may have an adverse economic effect on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act:
No economic impact is foreseen with the implementation of these policy changes.
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:
To our knowledge, there are no less costly or non-regulatory methods or less intrusive methods for achieving the purpose of the proposed rule.
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:
All proposed changes are written with the intent of improving the policy and procedures of Oklahoma Child Care Services and to enhance services to programs and to the families utilizing these programs.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented:
There would be a detrimental effect on the public health, safety, and environment if the proposed rules were not implemented as the changes impact the quality of service provided to licensed child care facilities by the Oklahoma Child Care Services.
K.The date the rule impact statement was prepared and if modified, the date modified: January 14, 2008
