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COMMENT DUE DATE:  

July 7, 2009

DATE: 

June 22, 2009

Mitzi Lee    DCC    (405) 521-3561

Dena Thayer   PMU Manager   (405) 521-4326

Nancy Kelly  PMU Specialist   (405) 522-6703

RE:  

APA WF 09-14

It is very 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 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. [AMENDED]

OAC 340:110-1-6. [AMENDED]

OAC 340:110-1-8. through 340:110-1-8.1. [AMENDED]

OAC 340:110-1-9. [AMENDED]

Part 3. Licensing Services – Residential Care and Agencies

OAC 340:110-1-43.1. [AMENDED]

OAC 340:110-1-45. through 340:110-1-47. [AMENDED]

OAC 340:110-1-46. [AMENDED]

OAC 340:110-1-51. [AMENDED]

Subchapter 3. Licensing Standards for Childcare Facilities

Part 1. Requirements for Child Care Centers

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 340:110-3-39. through 340:110-3-42. [AMENDED]

Part 5. Requirements for Family Child Care Homes and Large Family Child Care Homes

OAC 340:110-3-85. [AMENDED]

OAC 340:110-3-88. [AMENDED]

OAC 340:110-3-89.1. [AMENDED]

Part 9. Requirements for Residential Child Care Facilities

OAC 340:110-3-153. [AMENDED]

OAC 340:110-3-153.1. [AMENDED]

OAC 340:110-3-168. [AMENDED]

Part 14. Requirements For School-Age Programs

OAC 340:110-3-223. through 340:110-3-226. [AMENDED]

Subchapter 5. Requirements for Child-Placing Agencies

Part 1. Requirements for Child-Placing Agencies

OAC 340:110-5-7. through 340:110-5-8. [AMENDED]

OAC 340:110-5-12. [AMENDED]

(Reference APA WF 09-14)

 

SUMMARY:The proposed revisions to Subchapters 1, 3, and 5of Chapter 110amend 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, residential facilities, and child placing agencies relating to: (1) criminal history investigations; and (2) parent notification regarding liability insurance.Revisions reflect changes in state statute during the 2009 legislative session.

340:110-1-4.1 is amended to reflect deletion of division forms. Forms were revised to meet parent notification requirements with regard to documentation of liability insurance. Other revisions of forms relate to criminal history reviews and the development of a new form to provide results of criminal history review results.

340:110-1-6 is amended to reflect new procedures regarding criminal history reviews that are necessary prior to issuance of a license.

340:110-1-8 is amended to: (1) reflect a child care facility’s compliance with specified requirements for liability insurance documentation and criminal history reviews as it relates to permit and license issuance; and (2) include the deletion of the provisional license.

340:110-1-8.1 is amended to reflect revisions to procedures for criminal history investigations as it relates to the issuance of permit or license, and facilities currently permitted or licensed.

340:110-1-9 is amended to reflect revisions of on-going monitoring of child care facilities with regard to criminal history investigations and liability insurance documentation.

340:110-1-43.1 is amended to reflect deletion of division forms.Forms were revised with regard to criminal history reviews and a new form developed to provide results of criminal history review results.

340:110-1-45 is amended to reflect new procedures regarding criminal history reviews that are necessary prior to issuance of a license.

340:110-1-46 is amended to: (1) reflect a child care facility’s compliance with specified requirements for liability insurance documentation and criminal history investigations as it relates to permit and license issuance; and (2) include the deletion of the provisional license.

340:110-1-47 is amended to reflect revisions of on-going monitoring of child care facilities with regard to criminal history investigations documentation.

340:110-1-51 is amended to reflect revisions to procedures for criminal history reviews as it relates to the issuance of permit or license and facilities currently permitted or licensed.

340:110-3-5 is amended to reflect revisions to notification regarding liability insurance which requires posting of insurance exception.

340:110-3-5.1 is amended to reflect procedures regarding documentation for liability insurance and posting of insurance exception notice.

340:110-3-6 is amended to: (1) reflect deletion of parent notification for insurance exception being maintained in children’s records; and (2) include procedures regarding documentation of criminal history reviews.

340:110-3-7.1 is amended to reflect revisions to procedures regarding criminal history investigations for facilities prior to issuance of permit and facilities currently permitted or licensed.

340:110-3-39 is amended to reflect revisions to notification regarding liability insurance which requires posting of insurance exception.

340:110-3-40 is amended to reflect procedures regarding documentation for liability insurance and posting of insurance exception notice.

340:110-3-41 is amended to: (1) reflect deletion of parent notification for insurance exception being maintained in children’s records; and (2) include procedures regarding documentation of criminal history reviews.

340:110-3-42 is amended to reflect revisions to procedures regarding criminal history investigations for facilities prior to issuance of permit and facilities currently permitted or licensed.

340:110-3-85 is amended to reflect revisions to procedures regarding criminal history investigations for facilities prior to issuance of permit and facilities currently permitted or licensed.

340:110-3-88 is amended to: (1) reflect deletion of parent notification for insurance exception being maintained in children’s records; and include procedures regarding documentation of criminal history reviews.

340:110-3-89.1 is amended to reflect procedures regarding documentation for liability insurance and posting of insurance exception notice.

340:110-3-153 is amended to reflect procedures regarding documentation for liability insurance.

340:110-3-153.1 is amended to reflect revisions to procedures regarding criminal history investigations for facilities prior to issuance of permit and facilities currently permitted or licensed.

340:110-3-168 is amended to reflect exemption of submission of criminal history review requests to licensing if hospitals contract with Oklahoma Health Care Authority.Documentation of record searches are maintained at the facility and made available to licensing upon request.

340:110-3-223 is amended to reflect revisions to notification regarding liability insurance which requires posting of insurance exception.

340:110-3-224 is amended to reflect procedures regarding documentation for liability insurance and posting of insurance exception notice.

340:110-3-225 is amended to: (1) reflect deletion of parent notification for insurance exception being maintained in children’s records; and (2) include procedures regarding documentation of criminal history reviews.

340:110-3-226 is amended to reflect revisions to procedures regarding criminal history investigations for facilities prior to issuance of permit and facilities currently permitted or licensed.

340:110-5-7 is amended to reflect procedures regarding documentation for liability insurance.

340:110-5-8 is amended to reflect revisions to procedures criminal history investigations for facilities prior to issuance of permit and facilities currently permitted or licensed.

340:110-5-12 is amended to reflect procedures regarding documentation for criminal history reviews.

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; Senate Bill 478; and House Bill 1742.

OKLAHOMA DEPARTMENT OF HUMAN SERVICES

Rule Impact Statement

To:Dena Thayer, Programs Administrator

Policy Management Unit

From:Janice Matthews, Statewide Licensing Coordinator

Oklahoma Child Care Services

Date:June 16, 2009

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 340:110-1-6. [AMENDED]

OAC 340:110-1-8. through 340:110-1-8.1. [AMENDED]

OAC 340:110-1-9. [AMENDED]

Part 3. Licensing Services – Residential Care and Agencies

OAC 340:110-1-43.1. [AMENDED]

OAC 340:110-1-45. through 340:110-1-47. [AMENDED]

OAC 340:110-1-46. [AMENDED]

OAC 340:110-1-51. [AMENDED]

Subchapter 3. Licensing Standards for Childcare Facilities

Part 1.Requirements for Child Care Centers

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 340:110-3-39. through 340:110-3-42. [AMENDED]

Part 5. Requirements for Family Child Care Homes and Large Family Child Care Homes

OAC 340:110-3-85. [AMENDED]

OAC 340:110-3-88. [AMENDED]

OAC 340:110-3-89.1. [AMENDED]

Part 9. Requirements for Residential Child Care Facilities

OAC 340:110-3-153. [AMENDED]

OAC 340:110-3-153.1. [AMENDED]

OAC 340:110-3-168. [AMENDED]

Part 14. Requirements For School-Age Programs

OAC 340:110-3-223. through 340:110-3-226. [AMENDED]

Subchapter 5. Requirements for Child-Placing Agencies

Part 1. Requirements for Child-Placing Agencies

OAC 340:110-5-7. through 340:110-5-8. [AMENDED]

OAC 340:110-5-12. [AMENDED]

(Reference APA WF 09-14)

Contact: Mitzi Lee 405-521-2556

A.Brief description of the purpose of the proposed rule:

Purpose.The proposed revisions to Subchapters 1, 3, and 5of Chapter 110amend 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, residential facilities, and child placing agencies relating to: (1) criminal history investigations; and (2) parent notification regarding liability insurance.Revisions reflect changes in state statute during the 2009 legislative session.

Strategic Plan impact.The proposed rules achieve Oklahoma Department of Human Service (OKDHS) goals by clarifying procedures that support and strengthen the family and protect its members, while improving systems and processes to achieve agency goals.

Substantive changes.

340:110-1-4.1 is amended to reflect deletion of division forms. Forms were revised to meet parent notification requirements with regard to documentation of liability insurance. Other revisions of forms relate to criminal history reviews and the development of a new form to provide results of criminal history review results.

340:110-1-6 is amended to reflect new procedures regarding criminal history reviews that are necessary prior to issuance of a license.

340:110-1-8 is amended to: (1) reflect a child care facility’s compliance with specified requirements for liability insurance documentation and criminal history reviews as it relates to permit and license issuance; and (2) include the deletion of the provisional license.

340:110-1-8.1 is amended to reflect revisions to procedures for criminal history investigations as it relates to the issuance of permit or license, and facilities currently permitted or licensed.

340:110-1-9 is amended to reflect revisions of on-going monitoring of child care facilities with regard to criminal history investigations and liability insurance documentation.

340:110-1-43.1 is amended to reflect deletion of division forms.Forms were revised with regard to criminal history reviews and a new form developed to provide results of criminal history review results.

340:110-1-45 is amended to reflect new procedures regarding criminal history reviews that are necessary prior to issuance of a license.

340:110-1-46 is amended to: (1) reflect a child care facility’s compliance with specified requirements for liability insurance documentation and criminal history investigations as it relates to permit and license issuance; and (2) include the deletion of the provisional license.

340:110-1-47 is amended to reflect revisions of on-going monitoring of child care facilities with regard to criminal history investigations documentation.

340:110-1-51 is amended to reflect revisions to procedures for criminal history reviews as it relates to the issuance of permit or license and facilities currently permitted or licensed.

340:110-3-5 is amended to reflect revisions to notification regarding liability insurance which requires posting of insurance exception.

340:110-3-5.1 is amended to reflect procedures regarding documentation for liability insurance and posting of insurance exception notice.

340:110-3-6 is amended to: (1) reflect deletion of parent notification for insurance exception being maintained in children’s records; and (2) include procedures regarding documentation of criminal history reviews.

340:110-3-7.1 is amended to reflect revisions to procedures regarding criminal history investigations for facilities prior to issuance of permit and facilities currently permitted or licensed.

340:110-3-39 is amended to reflect revisions to notification regarding liability insurance which requires posting of insurance exception.

340:110-3-40 is amended to reflect procedures regarding documentation for liability insurance and posting of insurance exception notice.

340:110-3-41 is amended to: (1) reflect deletion of parent notification for insurance exception being maintained in children’s records; and (2) include procedures regarding documentation of criminal history reviews.

340:110-3-42 is amended to reflect revisions to procedures regarding criminal history investigations for facilities prior to issuance of permit and facilities currently permitted or licensed.

340:110-3-85 is amended to reflect revisions to procedures regarding criminal history investigations for facilities prior to issuance of permit and facilities currently permitted or licensed.

340:110-3-88 is amended to: (1) reflect deletion of parent notification for insurance exception being maintained in children’s records; and include procedures regarding documentation of criminal history reviews.

340:110-3-89.1 is amended to reflect procedures regarding documentation for liability insurance and posting of insurance exception notice.

340:110-3-153 is amended to reflect procedures regarding documentation for liability insurance.

340:110-3-153.1 is amended to reflect revisions to procedures regarding criminal history investigations for facilities prior to issuance of permit and facilities currently permitted or licensed.

340:110-3-168 is amended to reflect exemption of submission of criminal history review requests to licensing if hospitals contract with Oklahoma Health Care Authority.Documentation of record searches are maintained at the facility and made available to licensing upon request.

340:110-3-223 is amended to reflect revisions to notification regarding liability insurance which requires posting of insurance exception.

340:110-3-224 is amended to reflect procedures regarding documentation for liability insurance and posting of insurance exception notice.

340:110-3-225 is amended to: (1) reflect deletion of parent notification for insurance exception being maintained in children’s records; and (2) include procedures regarding documentation of criminal history reviews.

340:110-3-226 is amended to reflect revisions to procedures regarding criminal history investigations for facilities prior to issuance of permit and facilities currently permitted or licensed.

340:110-5-7 is amended to reflect procedures regarding documentation for liability insurance.

340:110-5-8 is amended to reflect revisions to procedures criminal history investigations for facilities prior to issuance of permit and facilities currently permitted or licensed.

340:110-5-12 is amended to reflect procedures regarding documentation for criminal history reviews.

Reasons.The proposed revisions for October 1, 2009 reflect changes in the Oklahoma Child Care Facilities Licensing Act that include revisions to liability insurance effective May 8, 2009: (1) a form is to be posted at the facility notifying parents the facility does not maintain insurance or claims to be self-insured, therefore notices are no longer required in children’s records; (2) exemption to parent notice include licensed residential child care facilities, licensed child-placing agencies, and department-certified child care facilities; and (3) insurance documentation is maintained at the facility and available to licensing upon request.

Other revisions to Oklahoma Child Care Facilities Licensing Act include procedures regarding criminal history reviews effective May 21, 2009: (1) facilities currently permitted or licensed are still required to submit a criminal history review request to Oklahoma Child Care Services, however; it is no longer necessary for the review results to be returned and on file at the facility prior to employment or residence of persons 18 years of age or older; and (2) residential treatment facilities which are hospitals contracting with Oklahoma Health Care Authority, are exempt from submitting a criminal history review request to Oklahoma Child Care Services.Documentation of these record searches are maintained at the hospital and available to licensing upon request.Prior to issuance of permit or license, new facilities are still required to receive results of criminal history reviews prior to employment and residence of applicable persons.

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 laws.

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; Senate Bill 478; and House Bill 1742.

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 were 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, and child care services licensing staff.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, and child care services licensing staff.

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 include the cost of printing and distributing the rules, which is estimated to be $53,000 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, nonregulatory, or less intrusive methods for complying with state statute.

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 statute 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 possibly place children at risk.

K.The date the rule impact statement was prepared and, if modified, the date modified:Prepared June 16, 2009 and modified June 19, 2009.


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