COMMENT DUE DATE:
March 2, 2010
DATE:
February 11, 2010
Mitzi Lee DCC (405) 521-3561
Dena Thayer PMU Manager (405) 521-4326
Nancy Kelly PMU Specialist (405) 522-6703
RE:
APA WF 10-02
The proposed policy is Permanent . This proposal will go to the Commission meeting on
Language previously approved under the emergency rulemaking process is highlighted in Turquoise.
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 340:110-1-8.1 through OAC 340:110-1-9 [AMENDED]
OAC 340:110-1-9.2 through OAC 340:110-1-9.4 [AMENDED]
OAC 340:110-1-10 [AMENDED]
OAC 340:110-1-10.1 [ISSUED]
OAC 340:110-1-13 through OAC 340:110-1-15 [AMENDED]
Part 3. Licensing Services – Residential Care and Agencies
OAC 340:110-1-43.1 [AMENDED]
OAC 340:110-1-45 [AMENDED]
OAC 340:110-1-47 through OAC 340:110-1-47.1 [AMENDED]
OAC 340:110-1-51 through OAC 340:110-1-52 [AMENDED]
OAC 340:110-1-54 through OAC 340:110-1-55 [AMENDED]
Subchapter 3. Licensing Standards for Childcare Facilities
Part 1.Requirements for Child Care Centers
OAC 340:110-3-2 through OAC 340:110-3-5 [AMENDED]
OAC 340:110-3-6 through OAC 340:110-3-7.1 [AMENDED]
Part 2. Requirement for Part-Day Children's Programs
OAC 340:110-3-36 through OAC 340:110-3-39 [AMENDED]
OAC 340:110-3-41 through OAC 340:110-3-42 [AMENDED]
Part 5. Requirements for Family Child Care Homes and Large Family Child Care Homes
OAC 340:110-3-81 through OAC 340:110-3-82 [AMENDED]
OAC 340:110-3-85 [AMENDED]
OAC 340:110-3-88 [AMENDED]
Part 9. Requirements for Residential Child Care Facilities
OAC 340:110-3-146 through OAC 340:110-3-147 [AMENDED]
OAC 340:110-3-153.1 [AMENDED]
OAC 340:110-3-168 [AMENDED]
Part 14. Requirements For School-Age Programs
OAC 340:110-3-221 through OAC 340:110-3-223 [AMENDED]
OAC 340:110-3-225 through OAC 340:110-3-226 [AMENDED]
Subchapter 5. Requirements for Child-Placing Agencies
Part 1. Requirements for Child-Placing Agencies
OAC 340:110-5-3 through OAC 340:110-5-6 [AMENDED]
OAC 340:110-5-8 [AMENDED]
OAC 340:110-5-12 [AMENDED]
(Reference WF 09-14 and WF 10-02)
SUMMARY:The proposed revisions to Subchapters 1, 3, and 5of Chapter 110amend the licensing requirements rules 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; (2) parent notification regarding liability insurance; and (3) establish and maintain a child care worker registry.Revisions to Oklahoma Child Care Facilities Licensing Act require the Commission for Human Services to promulgate rules to establish and maintain a child care worker registry effective July 1, 2010. Other revisions reflect changes in state statute during the 2009 legislative session.
Substantive changes.
340:110-1-4.1 is amended to reflect addition of new division forms developed for the Child Care Restricted Registry.Other form development assists in the process of Emergency Order requests and Alternative Compliance referrals.
340:110-1-6 is amended to clarify division practice regarding reopening of a family child care home and withdrawal of application.
340:110-1-8.1 is amended to reflect Child Care Restricted Registry search procedures.
340:110-1-8.3 is amended to reflect clarifications to division practice.
340:110-1-9 is amended to reflect clarifications to division practice regarding on-going monitoring, the change in name of facilities and health approval of additional food preparation spaces.
340:110-1-9.2 is amended to reflect addition of Child Care Restricted Registry procedures regarding complaint investigations and clarify division practice.
340:110-1-9.3 is amended to reflect addition of Child Care Restricted Registry procedures regarding non-compliant facilities and clarify division practice regarding alternative compliance requests.
340:110-1-9.4 ITS are amended to clarify division practice of Emergency Order requests.
340:110-1-10. is amended to reflect addition of Child Care Restricted Registry procedures regarding revocation or denial of licenses.
340:110-1-10.1 is issued to reflect policy regarding the Child Care Restricted Registry.
340:110-1-13 is amended to reflect revisions to unlicensed investigation timeframes.
340:110-1-14 is amended to reflect revisions to public inspections of licensing files.
340:110-1-15 is amended to reflect revisions to grievance response procedures.
340:110-1-43.1 is amended to reflect revision to some form names and addition of forms already being utilized.Other additional forms were developed for the Child Care Restricted Registry.
340:110-1-45 is amended to clarify division practice regarding the withdrawal of application.
340:110-1-47 is amended to reflect clarifications to division practice regarding on-going monitoring, the change in name of facilities, fire approval, health approval of additional food preparation spaces, and closure of inactive facilities.
340:110-1-47.1 is amended to reflect addition of Child Care Restricted Registry procedures regarding complaint investigations and clarify division practice regarding referrals to Office of Inspector General.
340:110-1-51 is amended to reflect Child Care Restricted Registry search procedures.
340:110-1-52 is amended reflect addition of Child Care Restricted Registry procedures regarding revocation or denial of licenses and to clarify division practice of Emergency Orders.
340:110-1-54 is amended to reflect revisions to grievance response procedures.340:110-1-54.1 is amended to reflect revisions to unlicensed investigation
timeframes.
340:110-1-55 is amended to reflect revisions to public inspections of licensing files.
340:110-3-2 is amended to reflect additions to definitions regarding the Child Care Restricted Registry.
340:110-3-3 is amended to reflect prohibitions regarding the Child Care Restricted Registry.
340:110-3-5 is amended to reflect revisions to terms used regarding child welfare investigative findings.
340:110-3-6 is amended to reflect requirements for Child Care Restricted Registry documentation.
340:110-3-7.1 is amended to reflect procedures regarding Child Care Restricted Registry and revisions to reporting procedures regarding suspected child abuse or neglect.
340:110-3-36 is amended to reflect additions to definitions regarding the Child Care Restricted Registry.
340:110-3-37 is amended to reflect prohibitions regarding the Child Care Restricted Registry.
340:110-3-39 is amended to reflect revisions to terms used regarding child welfare investigative findings.
340:110-3-41 is amended to reflect requirements for Child Care Restricted Registry documentation.
340:110-3-42 is amended to reflect procedures regarding Child Care Restricted Registry and revisions to reporting procedures regarding suspected child abuse or neglect.
340:110-3-81 is amended to reflect additions to definitions regarding the Child Care Restricted Registry.
340:110-3-82 is amended to reflect prohibitions regarding the Child Care Restricted Registry.
340:110-3-85 is amended to reflect procedures regarding Child Care Restricted Registry and reflect revisions reporting procedures regarding suspected child abuse or neglect.
340:110-3-88 is amended to reflect requirements for Child Care Restricted Registry documentation and revisions to terms used regarding child welfare investigative findings.
340:110-3-146 is amended to reflect additions to definitions regarding the Child Care Restricted Registry.
340:110-3-147 is amended to reflect prohibitions regarding the Child Care Restricted Registry.
340:110-3-153.1 is amended to reflect procedures regarding Child Care Restricted Registry.
340:110-3-168 is amended to reflect procedures regarding Child Care Restricted Registry.
340:110-3-221 is amended to reflect additions to definitions regarding the Child Care Restricted Registry.
340:110-3-222 is amended to reflect prohibitions regarding the Child Care Restricted Registry.
340:110-3-223 is amended to reflect revisions to terms used regarding child welfare investigative findings.
340:110-3-225 is amended to reflect requirements for Child Care Restricted Registry documentation.
340:110-3-226 is amended to reflect procedures regarding Child Care Restricted Registry and revisions to reporting procedures regarding suspected child abuse or neglect.
340:110-5-3 is amended to reflect additions to definitions regarding the Child Care Restricted Registry.
340:110-5-4 is amended to reflect prohibitions regarding the Child Care Restricted Registry.
340:110-5-6 is amended to reflect revisions to reporting procedures regarding suspected child abuse or neglect.
340:110-5-8 is amended to reflect procedures regarding Child Care Restricted Registry.
340:110-5-12 is amended to reflect requirements for Child Care Restricted Registry documentation.
LEGAL AUTHORITY:Commission for Human Services; Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; Child Care Facility Licensing Act, and Section 401 et seq. of Title 10 of the Oklahoma Statutes.
| OKLAHOMA DEPARTMENT OF HUMAN SERVICES Rule Impact Statement |
To:Dena Thayer, Programs Administrator
Policy Management Unit
From:Lesli Blazer
Director of Oklahoma Child Care Services
Date:January 11, 2010
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 340:110-1-8.1 through OAC 340:110-1-9 [AMENDED]
OAC 340:110-1-9.2 through OAC 340:110-1-9.4 [AMENDED]
OAC 340:110-1-10 [AMENDED]
OAC 340:110-1-10.1 [ISSUED]
OAC 340:110-1-13 through OAC 340:110-1-15 [AMENDED]
Part 3. Licensing Services – Residential Care and Agencies
OAC 340:110-1-43.1 [AMENDED]
OAC 340:110-1-45 [AMENDED]
OAC 340:110-1-47 through OAC 340:110-1-47.1 [AMENDED]
OAC 340:110-1-51 through OAC 340:110-1-52 [AMENDED]
OAC 340:110-1-54 through OAC 340:110-1-55 [AMENDED]
Subchapter 3. Licensing Standards for Childcare Facilities
Part 1.Requirements for Child Care Centers
OAC 340:110-3-2 through OAC 340:110-3-5 [AMENDED]
OAC 340:110-3-6 through OAC 340:110-3-7.1 [AMENDED]
Part 2. Requirement for Part-Day Children's Programs
OAC 340:110-3-36 through OAC 340:110-3-39 [AMENDED]
OAC 340:110-3-41 through OAC 340:110-3-42 [AMENDED]
Part 5. Requirements for Family Child Care Homes and Large Family Child Care Homes
OAC 340:110-3-81 through OAC 340:110-3-82 [AMENDED]
OAC 340:110-3-85 [AMENDED]
OAC 340:110-3-88 [AMENDED]
Part 9. Requirements for Residential Child Care Facilities
OAC 340:110-3-146 through OAC 340:110-3-147 [AMENDED]
OAC 340:110-3-153.1 [AMENDED]
OAC 340:110-3-168 [AMENDED]
Part 14. Requirements For School-Age Programs
OAC 340:110-3-221 through OAC 340:110-3-223 [AMENDED]
OAC 340:110-3-225 through OAC 340:110-3-226 [AMENDED]
Subchapter 5. Requirements for Child-Placing Agencies
Part 1. Requirements for Child-Placing Agencies
OAC 340:110-5-3 through OAC 340:110-5-6 [AMENDED]
OAC 340:110-5-8 [AMENDED]
OAC 340:110-5-12 [AMENDED]
(Reference APA WF 10-02)
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 rules for child care facilities and child placing agencies relating to the establishment child care worker registry (Child Care Restricted Registry).Revisions to Oklahoma Child Care Facilities Licensing Act required the Commission for Human Services to promulgate rules effective July 1, 2010 to establish and maintain the registry that will be accessible to the public through an on-line database.
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 addition of new division forms developed for the Child Care Restricted Registry.Other form development assists in the process of Emergency Order requests and Alternative Compliance referrals.
340:110-1-6 is amended to clarify division practice regarding reopening of a family child care home and withdrawal of application.
340:110-1-8.1 is amended to reflect Child Care Restricted Registry search procedures.
340:110-1-8.3 is amended to reflect clarifications to division practice.
340:110-1-9 is amended to reflect clarifications to division practice regarding on-going monitoring, the change in name of facilities and health approval of additional food preparation spaces.
340:110-1-9.2 is amended to reflect addition of Child Care Restricted Registry procedures regarding complaint investigations and clarify division practice.
340:110-1-9.3 is amended to reflect addition of Child Care Restricted Registry procedures regarding non-compliant facilities and clarify division practice regarding alternative compliance requests.
340:110-1-9.4 is amended to clarify division practice of Emergency Order requests.
340:110-1-10. is amended to reflect addition of Child Care Restricted Registry procedures regarding revocation or denial of licenses.
340:110-1-10.1 is issued to reflect policy regarding the Child Care Restricted Registry.
340:110-1-13 is amended to reflect revisions to unlicensed investigation timeframes.
340:110-1-14 is amended to reflect revisions to public inspections of licensing files.
340:110-1-15 is amended to reflect revisions to grievance response procedures.
340:110-1-43.1 is amended to reflect revision to some form names and addition of forms already being utilized. Other additional forms were developed for the Child Care Restricted Registry.
340:110-1-45 is amended to clarify division practice regarding the withdrawal of application.
340:110-1-47 is amended to reflect clarifications to division practice regarding on-going monitoring, the change in name of facilities, fire approval, health approval of additional food preparation spaces, and closure of inactive facilities.
340:110-1-47.1 is amended to reflect addition of Child Care Restricted Registry procedures regarding complaint investigations and clarify division practice regarding referrals to Office of Inspector General.
340:110-1-51 is amended to reflect Child Care Restricted Registry search procedures.
340:110-1-52 is amended reflect addition of Child Care Restricted Registry procedures regarding revocation or denial of licenses and to clarify division practice of Emergency Orders.
340:110-1-54 is amended to reflect revisions to grievance response procedures.340:110-1-54.1 is amended to reflect revisions to unlicensed investigation
timeframes.
340:110-1-55 is amended to reflect revisions to public inspections of licensing files.
340:110-3-2 is amended to reflect additions to definitions regarding the Child Care Restricted Registry.
340:110-3-3 is amended to reflect prohibitions regarding the Child Care Restricted Registry.
340:110-3-5 is amended to reflect revisions to terms used regarding child welfare investigative findings.
340:110-3-6 is amended to reflect requirements for Child Care Restricted Registry documentation.
340:110-3-7.1 is amended to reflect procedures regarding Child Care Restricted Registry and revisions to reporting procedures regarding suspected child abuse or neglect.
340:110-3-36 is amended to reflect additions to definitions regarding the Child Care Restricted Registry.
340:110-3-37 is amended to reflect prohibitions regarding the Child Care Restricted Registry.
340:110-3-39 is amended to reflect revisions to terms used regarding child welfare investigative findings.
340:110-3-41 is amended to reflect requirements for Child Care Restricted Registry documentation.
340:110-3-42 is amended to reflect procedures regarding Child Care Restricted Registry and revisions to reporting procedures regarding suspected child abuse or neglect.
340:110-3-81 is amended to reflect additions to definitions regarding the Child Care Restricted Registry.
340:110-3-82 is amended to reflect prohibitions regarding the Child Care Restricted Registry.
340:110-3-85 is amended to reflect procedures regarding Child Care Restricted Registry and reflect revisions reporting procedures regarding suspected child abuse or neglect.
340:110-3-88 is amended to reflect requirements for Child Care Restricted Registry documentation and revisions to terms used regarding child welfare investigative findings.
340:110-3-146 is amended to reflect additions to definitions regarding the Child Care Restricted Registry.
340:110-3-147 is amended to reflect prohibitions regarding the Child Care Restricted Registry.
340:110-3-153.1 is amended to reflect procedures regarding Child Care Restricted Registry.
340:110-3-168 is amended to reflect procedures regarding Child Care Restricted Registry.
340:110-3-221 is amended to reflect additions to definitions regarding the Child Care Restricted Registry.
340:110-3-222 is amended to reflect prohibitions regarding the Child Care Restricted Registry.
340:110-3-223 is amended to reflect revisions to terms used regarding child welfare investigative findings.
340:110-3-225 is amended to reflect requirements for Child Care Restricted Registry documentation.
340:110-3-226 is amended to reflect procedures regarding Child Care Restricted Registry and revisions to reporting procedures regarding suspected child abuse or neglect.
340:110-5-3 is amended to reflect additions to definitions regarding the Child Care Restricted Registry.
340:110-5-4 is amended to reflect prohibitions regarding the Child Care Restricted Registry.
340:110-5-6 is amended to reflect revisions to reporting procedures regarding suspected child abuse or neglect.
340:110-5-8 is amended to reflect procedures regarding Child Care Restricted Registry.
340:110-5-12 is amended to reflect requirements for Child Care Restricted Registry documentation.
Reasons.The proposed revisions for July 1, 2010 reflect changes in the Oklahoma Child Care Facilities Licensing Act to include the establishment of a Child Care Restricted Registry.Revisions include the development of division forms and policy to implement this registry.Other revisions also improve and clarify division practices and procedures.
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, and Section 401 et seq. of Title 10 of the Oklahoma Statutes.
Permanent approval.Permanent rulemaking approval is requested as OKDHS 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.
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 revised rules to all affected facilities. Training of division staff will be conducted by state office personnel.The revised rules will result in enhanced delivery of services having a positive impact on families and licensed facilities.Mailing cost are estimated at $2787.
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 January 11, 2010; modified February 11, 2010.
