COMMENT DUE DATE:
October 8, 2008
DATE:
September 30, 2008
Mitzi Lee DCC (405) 521-3561
Dena Thayer PMU Manager (405) 521-4326
Nancy Kelly PMU Specialist (405) 522-6703
RE:
APA WF 08-12
The proposed policy is Emergency . This proposal will go to the Commission meeting on
CHAPTER 110. Oklahoma Child Care Services
Subchapter 1. General Provisions
Part 1. Licensing Services – Child Care
OAC 340:110-1-4.1. through 340:110-1-6. [AMENDED]
OAC 340:110-1-8. through 340:110-1-8.3. [AMENDED]
OAC 340:110-1-9. [AMENDED]
OAC 340:110-1-9.2 through 340:110-1-9.4. [AMENDED]
OAC 340:110-1-10. [AMENDED]
OAC 340:110-1-13. [AMENDED]
OAC 340:110-1-17. [AMENDED]
Part 3. Licensing Services – Residential Care and Agencies
OAC 340:110-1-43.1. [AMENDED]
OAC 340:110-1-44. through 340:110-1-47.2. [AMENDED]
OAC 340:110-1-51. through 340:110-1-52. [AMENDED]
OAC 340:110-1-54.1. [NEW]
Subchapter 3. Licensing Standards for Child Care Facilities
Part 1.Requirements for Child Care Centers
OAC 340:110-3-3. [AMENDED]
OAC 340:110-3-5. through 340:110-3-5.1. [AMENDED]
OAC 340:110-3-6. [AMENDED]
OAC 340:110-3-7.1. [AMENDED]
Part 2. Requirement for Part-Day Children's Programs
OAC 340:110-3-37. [AMENDED]
OAC 340:110-3-39. through 340:110-3-42. [AMENDED]
Part 5. Requirements for Family Child Care Homes and Large Family Child Care Homes
OAC 340:110-3-82. [AMENDED]
OAC 340:110-3-85. [AMENDED]
OAC 340:110-3-88. [AMENDED]
OAC 340:110-3-89.1. [AMENDED]
Part 14. Requirements For School-Age Programs
OAC 340:110-3-222. through 340:110-3-226. [AMENDED]
Subchapter 5. Requirements for Child-Placing Agencies
Part 1. Requirements for Child-Placing Agencies
OAC 340:110-5-4. [AMENDED]
OAC 340:110-5-6. through 340:110-5-8. [AMENDED]
OAC 340:110-5-12. [AMENDED]
Part 3. Requirements for Adoption Agencies
OAC 340:110-5-30. [AMENDED]
Part 5. Requirements for Foster Home Agencies
OAC 340:110-5-57. [AMENDED]
OAC 340:110-5-61.1. [AMENDED]
(Reference APA WF 08-12)
SUMMARY: The proposed revisions amend the rules for licensing requirements for child care centers, part-day programs, family child care homes and large family child care homes, school-age programs, and child placing agencies relating to background investigations and parent notification regarding liability insurance.Other revisions include Oklahoma Child Care Services policy and procedures relating to background investigations, parent notification regarding liability insurance, and unlicensed facilities.Revisions are reflective of changes in state statute during the 2008 legislative session.
EMERGENCY APPROVAL: Emergency rulemaking approval is requested as OKDHS finds an imminent peril to the preservation of the public health, safety, or welfare of children in child care facilities.Licensed facilities are required to meet new legislative mandates. Health and safety of children could be jeopardized if revisions are not implemented.
LEGAL AUTHORITY:Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution, Child Care Facility Licensing Act, Section 401 et seq. of Title 10 of the Oklahoma Statutes; Section 589 of Title 57 of the Oklahoma Statutes; HB 2643; HB 2863; SB 1601; and the Adam Walsh Child Protection and Safety Act.
State of Oklahoma
DEPARTMENT OF HUMAN SERVICES
RULE IMPACT STATEMENT
To:Dena Thayer, Programs Administrator
Policy Management Unit
From:Mark Lewis, Director
Oklahoma Child Care Services
Date:September 16, 2008
Re:CHAPTER 110. Oklahoma Child Care Services
Subchapter 1. General Provisions
Part 1. Licensing Services – Child Care
OAC 340:110-1-4.1. [AMENDED]
OAC 340:110-1-5. [AMENDED]
OAC 340:110-1-6. [AMENDED]
OAC 340:110-1-8. [AMENDED]
OAC 340:110-1-8.1. [AMENDED]
OAC 340:110-1-8.3. [AMENDED]
OAC 340:110-1-9. [AMENDED]
OAC 340:110-1-9.2. [AMENDED]
OAC 340:110-1-9.3. [AMENDED]
OAC 340:110-1-9.4. [AMENDED]
OAC 340:110-1-10. [AMENDED]
OAC 340:110-1-13. [AMENDED]
OAC 340:110-1-17. [AMENDED]
Part 3. Licensing Services – Residential Care and Agencies
OAC 340:110-1-43.1. [AMENDED]
OAC 340:110-1-44. [AMENDED]
OAC 340:110-1-45. [AMENDED]
OAC 340:110-1-46. [AMENDED]
OAC 340:110-1-47. [AMENDED]
OAC 340:110-1-47.1. [AMENDED]
OAC 340:110-1-47.2. [AMENDED]
OAC 340:110-1-51. [AMENDED]
OAC 340:110-1-52. [AMENDED]
OAC 340:110-1-54.1. [NEW]
Subchapter 3. Licensing Standards for Childcare Facilities
Part 1.Requirements for Child Care Centers
340:110-3-3. [AMENDED]
340:110-3-5. [AMENDED]
340:110-3-5.1. [AMENDED]
340:110-3-6. [AMENDED]
340:110-3-7.1. [AMENDED]
Part 2. Requirement for Part-Day Children's Programs
340:110-3-37. [AMENDED]
340:110-3-39. [AMENDED]
340:110-3-40. [AMENDED]
340:110-3-41. [AMENDED]
340:110-3-42. [AMENDED]
Part 5. Requirements for Family Child Care Homes and Large Family Child Care Homes
340:110-3-82. [AMENDED]
340:110-3-85. [AMENDED]
340:110-3-88. [AMENDED]
340:110-3-89.1. [AMENDED]
Part 14. Requirements For School-Age Programs
340:110-3-222. [AMENDED]
340:110-3-223. [AMENDED]
340:110-3-224. [AMENDED]
340:110-3-225. [AMENDED]
340:110-3-226. [AMENDED]
Subchapter 5. Requirements for Child-Placing Agencies
Part 1. Requirements for Child-Placing Agencies
340:110-5-4. [AMENDED]
340:110-5-6. [AMENDED]
340:110-5-7. [AMENDED]
340:110-5-8. [AMENDED]
340:110-5-12. [AMENDED]
Part 3. Requirements for Adoption Agencies
340:110-5-30. [AMENDED]
Part 5. Requirements for Foster Home Agencies
340:110-5-57. [AMENDED]
340:110-5-61.1. [AMENDED]
(Reference APA WF 08-12)
Contact: Mitzi Lee 405-521-2556
A.Brief description of the purpose of the proposed rule:
Purpose.The proposed revisions amend the rules for licensing requirements for child care centers, part-day programs, family child care homes and large family child care homes, school-age programs, and child placing agencies relating to background investigations and parent notification regarding liability insurance.Other revisions include Oklahoma Child Care Services policy and procedures relating to background investigations, parent notification regarding liability insurance, and unlicensed facilities.Revisions are reflective of changes in state Statutes during the 2008 legislative session.
Strategic Plan impact.The proposed rules achieve OKDHS goals by clarifyingprocedures that support and strengthen the family and protect its members.Rule revisions also improve systems and processes to achieve agency goals.Rule revisions are based upon legislative changes to Oklahoma Child Care Licensing Facilities Act and Section 404.3 of Title 10 of the Oklahoma Statutes. Revisions to Child-Placing Agencies are reflective of Adam Walsh Child Protection Safety Act.
Substantive changes.
340:110-1-4.1 is amended to reflect deletion of division forms. New forms were developed with regard to documentation of liability insurance, background investigations, referrals to CLEET-certified officers, and district attorneys.
340:110-1-5 is amended to reflect new procedures regarding temporary authorization for child care facilities.
340:110-1-6 is amended to reflect new procedures regarding temporary authorization for child care facilities.
340:110-1-8 is amended to reflect a child care facility’s compliance with specified requirements for background investigations and liability insurance documentation as it relates to permit and license issuance.
340:110-1-8.1 is amended to reflect revisions to procedures for background investigations for child care facilities.
340:110-1-8.3 is amended to reflect revisions to non-compliances that may be considered as serious.
340:110-1-9 is amended to reflect revisions of on-going monitoring of child care facilities with regard to background investigations and liability insurance documentation.Revisions also clarify documentation necessary when a change in primary caregiver occurs.
340:110-1-9.2 is amended to reflect the addition of categories to Risk Level 1 complaints to include operating an unlicensed facility, violating an Emergency Order, staff lacking cardio-pulmonary resuscitation/ first aid training, and failure to obtain necessary background investigations.
340:110-1-9.3 is amended to reflect revisions to non-compliances that may be considered as serious.
340:110-1-9.4 is amended to reflect revisions of the issuance of an Emergency Order when an unlicensed facility continues to operate.Revisions also include acquiring the assistance of CLEET-certified officers that may issue fines to unlicensed facilities when violation of an Emergency Order occurs.
340:110-1-10 is amended to reflect revisions regarding procedures of the issuance of an Emergency Order when a facility’s license has been denied or revoked and continues to operate.Revisions also include acquiring the assistance of CLEET-certified officers that may issue fines to facilities when violation of an Emergency Order occurs.
340:110-1-13 is amended to reflect revisions regarding the operation of unlicensed facilities, issuances of Emergency Orders, and assistance of CLEET-certified officers.
340:110-1-17 is amended to reflect revisions to Child Care Advisory by-laws specifically with term limits for officers/advisory members and the establishment of a membership subcommittee.
340:110-1-43.1 is amended to reflect deletion of division forms.New forms were developed with regard to documentation of liability insurance, background investigations, referrals to CLEET-certified officers, and district attorneys.
340:110-1-44 is amended to reflect new procedures regarding temporary authorization for child care facilities.
340:110-1-45 is amended to reflect new procedures regarding temporary authorization for child care facilities.
340:110-1-46 is amended to reflect a child care facility’s compliance with specified requirements for background investigations and liability insurance documentation as it relates to permit and license issuance.
340:110-1-47 is amended to reflect revisions of on-going monitoring of child care facilities with regard to background investigations and liability insurance documentation.
340:110-1-47.1 is amended to reflect the addition of categories to Risk Level 1 complaints to include operating an unlicensed facility, violating an Emergency Order, staff lacking cardio-pulmonary resuscitation/ first aid training, and failure to obtain necessary background investigations.
340:110-1-47.2 is amended to reflect revisions to language associated with injunctions.
340:110-1-51 is amended to reflect revisions to procedures for background investigations for child care facilities.
340:110-1-52 is amended to reflect revisions regarding procedures of the issuance of an Emergency Order when a facility’s license has been denied or revoked and continues to operate.Revisions also include acquiring the assistance of CLEET-certified officers that may issue fines to facilities when violation of an Emergency Order occurs.
340:110-1-54.1 is amended to reflect revisions regarding the operation of unlicensed facilities, issuances of Emergency Orders, and assistance of CLEET-certified officers.
340:110-3-3 is amended to reflect clarification of needed authorization by OKDHS when providing care for children.
340:110-3-5 is amended to reflect notification regarding changes in liability insurance.
340:110-3-5.1 is amended to reflect procedures regarding documentation for liability insurance.
340:110-3-6 is amended to reflect procedures regarding documentation for liability insurance and background investigations.
340:110-3-7.1 is amended to reflect revisions to procedures regarding background investigations.
340:110-3-37 is amended to reflect clarification of needed authorization by OKDHS when providing care for children.
340:110-3-39 is amended to reflect notification regarding changes in liability insurance.
340:110-3-40 is amended to reflect procedures regarding documentation for liability insurance.
340:110-3-41 is amended to reflect procedures regarding documentation for liability insurance and background investigations.
340:110-3-42 is amended to reflect revisions to procedures regarding background investigations.
340:110-3-82 is amended to reflect clarification of needed authorization by OKDHS when providing care for children.
340:110-3-85 is amended to reflect procedures regarding documentation for background investigations, notification of changes in liability insurance, and revisions to procedures regarding background investigations.
340:110-3-88 is amended to reflect procedures regarding documentation for liability insurance and background investigations.
340:110-3-89.1 is amended to reflect procedures regarding documentation for liability insurance.
340:110-3-222 is amended to reflect clarification of needed authorization by OKDHS when providing care for children.
340:110-3-223 is amended to reflect notification regarding changes in liability insurance.
340:110-3-224 is amended to reflect procedures regarding documentation for liability insurance.
340:110-3-225 is amended to reflect procedures regarding documentation for liability insurance and background investigations.
340:110-3-226 is amended to reflect revisions to procedures regarding background investigations.
340:110-5-4 is amended to reflect clarification of needed authorization by OKDHS when providing care for children.
340:110-5-6 is amended to reflect notification regarding changes in liability insurance.
340:110-5-7 is amended to reflect minimum insurance coverage.
340:110-5-8 is amended to reflect revisions to procedures regarding background investigations.
340:110-5-12 is amended to reflect procedures regarding documentation for background investigations.
340:110-5-30 is amended to reflect applicable statutes for background investigations affecting adoptive families.
340:110-5-57 is amended to reflect revisions to procedures regarding background investigations for foster families.
340:110-5-61.1 is amended to reflect revisions to background investigations.
Reasons.The proposed revisions for November 1, 2008 are reflective of changes in the Oklahoma Child Care Facilities Licensing Act which includes: (1) revisions to: term limits for Child Care Advisory Committee members; (2) background investigations prior to the employment of any person in a child care facility, the facility submits a criminal history records search by OSBI to OKDHS and OKDHS conducts a records search of the Oklahoma State Court Network; (3) criminal background checks will also apply to persons 18 years or older residing in a child care facility; and (4) for persons who have lived in Oklahoma for less than three years, criminal history records searches shall be obtained from their previous states of residence. OKDHS shall not grant approval for a permit or license for a new child care facility to receive and care for children until: all requirements for searches of criminal history records are met as listed above; and all required training including, but not limited to, CPR, first aid, health and safety training, and minimum education requirements have been completed for any person left alone with children. OKDHS may issue an Emergency Order for facilities that are unlicensed. A CLEET certified officer may issue a citation not less than $100.00 nor more than $500.00 every day the facility maintains and receives children after: the issuance of an Emergency Order when the application for license has been denied, or the license has been revoked. Section 404.3 of Title 10 includes parent notification regarding liability insurance coverage. Licensed child care facilities will maintain liability insurance coverage of at least $200,000 for each occurrence of negligence. Annual documentation is required from insurance agents stating the facility has an unexpired and uncancelled insurance policy meeting required amounts. The facility may claim an exception to the coverage because they are unable to secure the insurance because of financial reason, lack of availability of an underwriter willing to issue this policy or policy limits are exhausted.The facility provides a written notice to parents of each child in care that liability coverage is not provided. Facilities also notify OKDHS that coverage is not provided. Revisions to Child-Placing Agencies are reflective of Adam Walsh Child Protection Safety Act.
Repercussions. If the proposed revisions are not implemented negative repercussions could occur as revisions assist licensing staff in the enforcement of new laws and licensed facilities in meeting requirements of new law.
Legal authority. Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution, Child Care Facility Licensing Act, Section 401 et seq. of Title 10 of the Oklahoma Statutes; Section 589 of Title 57 of the Oklahoma Statutes; HB 2643; HB 2863; SB 1601; and the Adam Walsh Child Protection and Safety Act.
Emergency approval.Emergency rulemaking approval is requested as OKDHS an imminent peril to the preservation of the public health, safety, or welfare of children in child care facilities.Licensed facilities are required to meet new legislative mandates. Health and safety of children could be jeopardized if revisions are not implemented.
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 licensed child care facilities, parents utilizing licensed child care, children in care at licensed facilities, child care services licensing staff, and OKDHS in general.The affected classes of persons will bear no costs associated with implementation of the rules.Due to the financial exemption, facilities bear no encumbrance.
C.A description of the classes of persons who will benefit from the proposed rule: The classes of persons who will benefit are licensed child care facilities, parents utilizing licensed child care, children in care at licensed facilities, child care services licensing staff and OKDHS 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: The revised rules do not have an economic impact on the affected entities. There are no fee changes associated with the revised rules.
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: The probable cost to OKDHS includes the cost of printing and distributing the rules, which is estimated to be $52,000 which allows for the printing and distribution of revised licensing requirements to all affected facilities. Training of division staff will be conducted by state office personnel.The revised rules will result in enhanced delivery of serviceshaving a positive impact on families and licensed facilities.
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: The proposed rules do not have an economic impact on any political subdivision, nor will the cooperation of any political subdivisions be required in implementation or enforcement of the rules.
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 are no anticipated adverse effects on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act.
H.An explanation of the measures the Agency has taken to minimize compliance costs and a determination whether there are less costly or non-regulatory methods or less intrusive methods for achieving the purpose of the proposed rule: There are no less costly or nonregulatory methods or less intrusive methods for complying with state mandate.
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 rules will bring the rules into compliance with state law which will have a positive impact on the health, safety, and well-being of licensed facilities, families and children utilizing licensed care.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented: If the proposed rules are not implemented, rules will not be in compliance with state Statutes and possible place children at risk.
K.The date the rule impact statement was prepared and, if modified, the date modified:
