COMMENT DUE DATE:
March 3, 2009
DATE:
February 13, 2009
Mitzi Lee DCC (405) 521-3561
Dena Thayer PMU Manager (405) 521-4326
Nancy Kelly PMU Specialist (405) 522-6703
RE:
APA WF 09-04
The proposed policy is Permanent . 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 340:110-1-5. through 340:110-1-6. [AMENDED]
OAC 340:110-1-8.1. [AMENDED]
OAC 340:110-1-8.3. through 340:110-1-9. [AMENDED]
OAC 340:110-1-9.2. through 340:110-1-9.3. [AMENDED]
OAC 340:110-1-10. through 340:110-1-11. [AMENDED]
OAC 340:110-1-13. [AMENDED]
Part 3. Licensing Services – Residential Care and Agencies
OAC 340:110-1-45. [AMENDED]
OAC 340:110-1-47. through 340:110-1-47.2. [AMENDED]
OAC 340:110-1-51. [AMENDED]
OAC 340:110-1-54.1. [NEW]
Subchapter 3. Licensing Standards for Child Care Facilities
Part 9.Requirements for Residential Childcare Facilities
OAC 340:110-3-146. through 340:110-3-147. [AMENDED]
OAC 340:110-3-150. through 340:110-3-154.3. [AMENDED]
OAC 340:110-3-154.5. [AMENDED]
OAC 340:110-3-157. [AMENDED]
OAC 340:110-3-163. through 340:110-3-165. [AMENDED]
OAC 340:110-3-165.1. [NEW]
OAC 340:110-3-166. through 340:110-3-169. [AMENDED]
(Reference APA WF 09-04)
SUMMARY: The proposed revisions to Subchapters 1 and 3 of Chapter 110amend the rules to clarify: (1) licensing requirements for residential, children’s shelters, residential treatment and secure care facilities; (2) reflect revisions relating to background investigations and liability insurance; (3) qualifications as they relate to residents in health and safety of programs, qualifications of staff, health and safety practices, fire safety, supervision of residents, use of restraints and administrative policies of licensed facilities; and (4) clarify other OKDHS division policy and procedures revisions within to assist in consistent policy interpretation
340:110-1-5 is amended to reflect clarification of division practice and procedure with regard to in-home caregiving.
340:110-1-6 is amended to reflect clarification of division practice and procedure when facilities are given permission to operate.
340:110-1-8.1 is amended to reflect clarification of division practice and procedure with regard to background investigations and waivers.
340:110-1-8.3 is amended to reflect clarification of training hours, professional organizations, and other division practice and procedure.
340:110-1-9 is amended to reflect clarification of division practice and procedure regarding changes in director, primary caregiver and ownership.Revisions also clarify procedures with inactive facilities.
340:110-1-9.2 is amended to reflect clarification of division practice and procedure regarding the preparation of the summary of facts for complaint investigations.
340:110-1-9.3 is amended to reflect clarification of division practice and procedure regarding return monitoring visits for non-compliant facilities.
340:110-1-10 is amended to reflect clarification of division practice and procedure.
340:110-1-11 is amended to reflect clarification of division practice and procedure.
340:110-1-13 is amended to reflect clarification of division practice and procedure regarding unlicensed facilities.
340:110-1-45 is amended to reflect clarification of division practice and procedure when facilities are given permission to operate.
340:110-1-47 is amended to reflect clarification of division practice and procedure regarding the number of required monitoring visits and changes of ownership.
340:110-1-47.1 is amended to reflect clarification of division practice and procedure regarding the preparation of the summary of facts for complaint investigations.
340:110-1-47.2 is amended to reflect clarification of division practice and procedure regarding return monitoring visits for non-compliant facilities.
340:110-1-51 is amended to reflect clarification of division practice and procedure with regard to background investigations and waivers.
340:110-1-54.1 is amended to reflect clarification of division practice and procedure regarding unlicensed facilities.
340:110-3-146 is amended to reflect new definitions used within the residential requirements.
340:110-3-147 is amended to reflect necessary approvals from OKDHS prior to residents being accepted into care.
340:110-3-150 is amended to reflect clarification of denial or revocation procedures.
340:110-3-151 is amended to reflect correction of citation of statute.
340:110-3-152 is amended to: (1) reflect revisions to administrative policy; and (2) notification to licensing; (3) clarifications of reporting obligation of child abuse; and (4) neglect of residential child care facilities.
340:110-3-153 is amended to reflect mandated legislative changes regarding minimum liability insurance coverage.
340:110-3-153.1 is amended to: (1) reflect revisions to qualification of executive director and program director; (2) revisions to legislative changes regarding criminal background investigations; and (3) staff orientation and training.
340:110-3-153.2 is amended to reflect revisions to clarify supervision of residents.
340:110-3-154 is amended to reflect revisions to admission policies.
340:110-3-154.1 is amended to reflect revisions: (1) regarding the movement of some health and safety requirements to a new section; and (2) training for staff in programs caring for children birth to age five.
340:110-3-154.2 is amended to reflect revisions with behavior management regarding physical restraint.
340:110-3-154.3 is amended to reflect revisions for disposing of medication.
340:110-3-154.5 is amended to correct specific citation language.
340:110-3-157 is amended to reflect revisions regarding the safety of house parent quarters in facilities and clarify language of requirements.
340:110-3-163 is amended to reflect revisions regarding prohibited types of fencing, and clarification regarding lighting and windows.
340:110-3-164 is amended to reflect revisions regarding food service, food protection, communicable disease reporting and sanitation of equipment and utensils.
340:110-3-165 is amended to reflect revisions to general fire safety.
340:110-3-165.1 is a new section created to reflect revisions regarding emergency preparedness for disaster planning and sleep positioning. Other revisions indicate the movement of requirements which previously existed in other sections.
340:110-3-166 is amended to reflect revisions for regimented residential programs regarding qualifications of executive director.
340:110-3-167 is amended to reflect revisions for children’s shelters regarding tuberculosis testing, supervision of residents and admission policies.
340:110-3-168 is amended to reflect revisions for residential treatment facilities regarding supervision of residents, use of portable pools, seclusion, mechanical and chemical restraints.
340:110-3-169 is amended to reflect revisions for secure care facilities regarding, seclusion, and mechanical restraint.
PERMANENT RULEMAKING APPROVAL IS REQUESTED.
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; House Bill (HB) 2643; HB 2863; and Senate Bill (SB) 160.
| OKLAHOMA DEPARTMENT OF HUMAN SERVICES Rule Impact Statement |
To:Dena Thayer, Programs Manager
Policy Management Unit
From:Mark Lewis, Director
Oklahoma Child Care Services
Date:January 13, 2009
Re:CHAPTER 110. Oklahoma Child Care Services
Subchapter 1. General Provisions
Part 1. Licensing Services – Child Care
OAC 340:110-1-5. through 340:110-1-6. [AMENDED]
OAC 340:110-1-8.1. [AMENDED]
OAC 340:110-1-8.3. through 340:110-1-9. [AMENDED]
OAC 340:110-1-9.2. through 340:110-1-9.3. [AMENDED]
OAC 340:110-1-10. through 340:110-1-11. [AMENDED]
OAC 340:110-1-13. [AMENDED]
Part 3. Licensing Services – Residential Care and Agencies
OAC 340:110-1-45. [AMENDED]
OAC 340:110-1-47. through 340:110-1-47.2. [AMENDED]
OAC 340:110-1-51. [AMENDED]
OAC 340:110-1-54.1. [NEW]
Subchapter 3. Licensing Standards for Child Care Facilities
Part 9.Requirements for Residential Childcare Facilities
OAC 340:110-3-146. through 340:110-3-147. [AMENDED]
OAC 340:110-3-150. through 340:110-3-154.3. [AMENDED]
OAC 340:110-3-154.5. [AMENDED]
OAC 340:110-3-157. [AMENDED]
OAC 340:110-3-163. through 340:110-3-165. [AMENDED]
OAC 340:110-3-165.1. [NEW]
OAC 340:110-3-166. through 340:110-3-169. [AMENDED]
(Reference APA WF 09-04)
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 residential, children’s shelters, residential treatment and secure care facilities. Those revisions relating to background investigations and liability insurance are reflective of changes in state statute during the 2008 legislative session.Other revisions include requirements increasing the health and safety of programs and residents as it relates to qualifications of staff, health and safety practices, fire safety, supervision of residents, use of restraints and administrative policies of licensed facilities. Other OKDHS policy revisions reflect clarification of procedure within division policy which will assist in consistent policy interpretation.
Strategic Plan impact.The proposed rules achieve OKDHS goals by clarifying procedures that support and strengthen the family and protect its members.Rule revisions are also based upon legislative changes to Oklahoma Child Care Licensing Facilities Act and Title 10 Section 404.3. effective November 1, 2008. Rule revisions also improve systems and processes to achieve agency goals.
Substantive changes.
340:110-1-5 is amended to reflect clarification of division practice and procedure with regard to in-home caregiving.
340:110-1-6 is amended to reflect clarification of division practice and procedure when facilities are given permission to operate.
340:110-1-8.1 is amended to reflect clarification of division practice and procedure with regard to background investigations and waivers.
340:110-1-8.3 is amended to reflect clarification of training hours, professional organizations, and other division practice and procedure.
340:110-1-9 is amended to reflect clarification of division practice and procedure regarding changes in director, primary caregiver and ownership.Revisions also clarify procedures with inactive facilities.
340:110-1-9.2 is amended to reflect clarification of division practice and procedure regarding the preparation of the summary of facts for complaint investigations.
340:110-1-9.3 is amended to reflect clarification of division practice and procedure regarding return monitoring visits for non-compliant facilities.
340:110-1-10 is amended to reflect clarification of division practice and procedure.
340:110-1-11 is amended to reflect clarification of division practice and procedure.
340:110-1-13 is amended to reflect clarification of division practice and procedure regarding unlicensed facilities.
340:110-1-45 is amended to reflect clarification of division practice and procedure when facilities are given permission to operate.
340:110-1-47 is amended to reflect clarification of division practice and procedure regarding the number of required monitoring visits and changes of ownership.
340:110-1-47.1 is amended to reflect clarification of division practice and procedure regarding the preparation of the summary of facts for complaint investigations.
340:110-1-47.2 is amended to reflect clarification of division practice and procedure regarding return monitoring visits for non-compliant facilities.
340:110-1-51 is amended to reflect clarification of division practice and procedure with regard to background investigations and waivers.
340:110-1-54.1 is amended to reflect clarification of division practice and procedure regarding unlicensed facilities.
340:110-3-146 is amended to reflect new definitions used within the residential requirements.
340:110-3-147 is amended to reflect necessary approvals from OKDHS prior to residents being accepted into care.
340:110-3-150 is amended to reflect clarification of denial or revocation procedures.
340:110-3-151 is amended to reflect correction of citation of statute.
340:110-3-152 is amended to: (1) reflect revisions to administrative policy; and (2) notification to licensing; (3) clarifications of reporting obligation of child abuse; and (4) neglect of residential child care facilities.
340:110-3-153 is amended to reflect mandated legislative changes regarding minimum liability insurance coverage.
340:110-3-153.1 is amended to: (1) reflect revisions to qualification of executive director and program director; (2) revisions to legislative changes regarding criminal background investigations; and (3) staff orientation and training.
340:110-3-153.2 is amended to reflect revisions to clarify supervision of residents.
340:110-3-154 is amended to reflect revisions to admission policies.
340:110-3-154.1 is amended to reflect revisions: (1) regarding the movement of some health and safety requirements to a new section; and (2) training for staff in programs caring for children birth to age five.
340:110-3-154.2 is amended to reflect revisions with behavior management regarding physical restraint.
340:110-3-154.3 is amended to reflect revisions for disposing of medication.
340:110-3-154.5 is amended to correct specific citation language.
340:110-3-157 is amended to reflect revisions regarding the safety of house parent quarters in facilities and clarify language of requirements.
340:110-3-163 is amended to reflect revisions regarding prohibited types of fencing, and clarification regarding lighting and windows.
340:110-3-164 is amended to reflect revisions regarding food service, food protection, communicable disease reporting and sanitation of equipment and utensils.
340:110-3-165 is amended to reflect revisions to general fire safety.
340:110-3-165.1 is a new section created to reflect revisions regarding emergency preparedness for disaster planning and sleep positioning. Other revisions indicate the movement of requirements which previously existed in other sections.
340:110-3-166 is amended to reflect revisions for regimented residential programs regarding qualifications of executive director.
340:110-3-167 is amended to reflect revisions for children’s shelters regarding tuberculosis testing, supervision of residents and admission policies.
340:110-3-168 is amended to reflect revisions for residential treatment facilities regarding supervision of residents, use of portable pools, seclusion, mechanical and chemical restraints.
340:110-3-169 is amended to reflect revisions for secure care facilities regarding, seclusion, and mechanical restraint.
Reasons.Some of the proposed residential facility revisions for July 1, 2009 are reflective of changes in the Oklahoma Child Care Facilities Licensing Act effective November 1, 2008, which include revisions to:(1) 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 conduct records search of the Oklahoma State Court Network; (2) criminal background checks will also apply to persons 18 years or older residing in a child care facility; and for persons who have lived in Oklahoma for less than three years, criminal history records searches shall be obtained from previous states of residence.Section 404.3 of Title 10 of the Oklahoma Statute includes 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. Other residential revisions include requirements to increase the health and safety of programs and residents. Other OKDHS policy revisions reflect clarification of procedure within division policy which will assist in consistent policy interpretation.
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. Proposed revisions also improve the quality of care of residents in residential, children’s shelters, residential treatment and secure care facilities.Other policy revisions help to clarify division practice and procedure.
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; House Bill (HB) 2643; HB 2863; and Senate Bill (SB) 160.
Permanent approval.Permanentrulemaking approval is requested as OKDHS finds an finds imminent peril to the preservation of the public health, safety, or welfare.Licensed facilities are required to meet the new legislative mandates. Health and safety of children could be jeopardized if revisions were not implemented. Permanent approval also allows for clarification of policy and consistent policy interpretation.
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 residential, children’s shelters, residential treatment and secure care facilities, parents utilizing residential facilities for their children, residents 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.
C.A description of the classes of persons who will benefit from the proposed rule: The classes of persons who will benefit are residential, children’s shelters, residential treatment and secure care facilities, parents utilizing residential facilities for their children, residents 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. Residential facilities have been previously required to have liability insurance.
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 $1000. Training of division staff will be conducted by state office personnel.The revised rules will result in enhanced delivery of services to have a positive impact on residents, 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, residents in care and families 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 regulations and possibly placing children at risk. Quality of care for residents will also be impacted if proposed revisions are not approved. Policy revisions also help the division to implement consistent policy practices.
K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared January 13, 2009; modified January 21, 2009.