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COMMENT DUE DATE:  

March 1, 2011

DATE: 

February 24, 2011

Mitzi Lee, OCCS (405) 521-2556

Dena Thayer, OIRP Programs Administrator (405) 521-4326

Nancy Kelly, OIRP (405) 522-6703

RE:  

APA WF 10-14

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  Permanent .  This proposal will go to the Commission meeting on

Language previously approved under the emergency rulemaking process is highlighted in Aqua.

CHAPTER 110. Oklahoma Child Care Services

Subchapter 1. General Provisions

Part 1. Licensing Services – Child Care

OAC 340:110-1-4 through OAC 340:110-1-5 [AMENDED]

OAC 340:110-1-6 Instructions to Staff [AMENDED]

OAC 340:110-1-8 [AMENDED]

OAC 340:110-1-8.1 Instructions to Staff [AMENDED]

OAC 340:110-1-8.3 [AMENDED]

OAC 340:110-1-9 through 340:110-1-9.3 [AMENDED]

OAC 340:110-1-10 through OAC 340:110-1-10.1 [AMENDED]

OAC 340:110-1-13 through OAC 340:110-1-14 [AMENDED]

OAC 340:110-1-20 Instructions to Staff [AMENDED]

Part 3. Licensing Services – Residential Care and Agencies

OAC 340:110-1-43 through 44

OAC 340:110-1-45 Instructions to Staff [AMENDED]

OAC 340:110-1-46 through 340:110-1-47.2

OAC 340:110-1-51 Instructions to Staff [AMENDED]

OAC 340:110-1-54.1 [AMENDED]

OAC 340:110-1-55 Instructions to Staff [AMENDED]

Subchapter 3. Licensing Standards for Childcare Facilities

Part 2. Requirement for Part-Day Children's Programs

OAC 340:110-3-37 [AMENDED]

Part 14. Requirements For School-Age Programs

OAC 340:110-3-222 [AMENDED]

Subchapter 5. Requirements for Child-Placing Agencies

Part 1. Requirements for Child-Placing Agencies

OAC 340:110-5-8 [AMENDED]

(Reference APA WFs 10-07, 10-14)

SUMMARY:The proposed revisions amend the rules to: (1) clarify division policy and practice and assist with the consistent enforcement of licensing requirements; (2) include the addition of division forms; and (3) increase quality criteria for facilities participating in the differential quality rating system.

Substantive changes.

340:110-1-4 is amended to clarify procedures regarding referral of facilities to local city officials.

340:110-1-4.1 is amended to reflect addition of new division forms.

340:110-1-5 is amended to clarify division practice.

340:110-1-8 is amended to clarify division practice regarding approval of subsequent permits.

340:110-1-8.3 is amended to clarify division practice and reflect increased quality criteria for child care centers and family child care homes in the areas of administration, registration with the Oklahoma Professional Development Registry, professional development, program evaluation, parent involvement, and learning environments. Clarifications are reflected in the administrative review process.

340:110-1-9 is amended to reflect clarifications to division practice regarding on-going monitoring and change of address procedures when a facility is in inactive status.

340:110-1-9.1 is amended to clarify division practice regarding approvals of facilities for certification for the care of children with disabilities.

340:110-1-9.2 is amended to clarify division practice and complaint overviews.

340:110-1-9.3 is amended to clarify division practice regarding non-compliances and office conference procedures with facilities.

340:110-1-10 is amended to clarify division practice when recommending a denial of application or revocation of license.

340:110-1-10.1 is amended to clarify division practice regarding referrals to the licensing records office regarding child welfare investigations.

340:110-1-13 is amended to clarify division practice regarding unlicensed investigation documentation.

340:110-1-14 is amended to clarify division practice regarding release of public information.

340:110-1-43 is amended to clarify procedures regarding referral of facilities to local city officials.

340:110-1-43.1 is amended to reflect addition of new division forms.

340:110-1-44 is amended to clarify division practice.

340:110-1-46 is amended to clarify division practice.

340:110-1-47 is amended to reflect clarifications to division practice regarding on-going monitoring, change in executive director and change of address procedures when a facility is in inactive status.

340:110-1-47.1 is amended to clarify division practice and complaint overviews.

340:110-1-47.2 is amended to clarify division practice regarding non- compliances and office conference procedures with facilities.

340:110-1-54.1 is amended to clarify division practice regarding unlicensed investigation documentation.

340:110-3-37 is amended to reflect consistent language with other policy sections.

340:110-3-222 is amended to reflect consistent language with other policy sections.

340:110-5-8 is amended to reflect corrected policy citation formatting.

340:110-1-6 ITS are amended to clarify division practice regarding withdraw of applications.

340:110-1-8.1 ITS are amended to clarify division practice regarding out of state background investigations and clarify other division practices.

340:110-1-20 ITS are amended to clarify division procedures regarding approval for employee training.

340:110-1-45 ITS are amended to clarify division practice regarding withdraw of applications.

340:110-1-51 ITS are amended to clarify division practice regarding out of state background investigations and clarify other division practices.

340:110-1-55 ITS are amended to clarify division practice regarding release of public information.

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.

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 4, 2011

Re:CHAPTER 110. Oklahoma Child Care Services

Subchapter 1. General Provisions

Part 1. Licensing Services – Child Care

OAC 340:110-1-4. through OAC 340:110-1-9.3. [AMENDED]

OAC 340:110-1-10. through OAC 340:110-1-10.1[AMENDED]

OAC 340:110-1-13. through OAC 340:110-1-14. [AMENDED]

OAC 340:110-1-20. [AMENDED]

Part 3. Licensing Services – Residential Care and Agencies

OAC 340:110-1-43. through OAC 340:110-1-51. [AMENDED]

OAC 340:110-1-54.1 through OAC 340:110-1-55. [AMENDED]

Subchapter 3. Licensing Standards for Childcare Facilities

Part 2. Requirement for Part-Day Children's Programs

OAC 340:110-3-37. [AMENDED]

Part 14. Requirements For School-Age Programs

OAC 340:110-3-222. [AMENDED]

Subchapter 5. Requirements for Child-Placing Agencies

Part 1. Requirements for Child-Placing Agencies

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

(Reference APA WF 10-14)

Contact: Mitzi Lee 405-521-2556

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

Purpose.The proposed revisions amend the rules to clarify division policy and practice and assist with the consistent enforcement of licensing requirements. Revisions also include addition of division forms and increase quality criteria for facilities participating in the differential quality rating system.

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 is amended to clarify procedures regarding referral of facilities to local city officials.

340:110-1-4.1 is amended to reflect addition of new division forms.

340:110-1-5 is amended to clarify division practice.

340:110-1-6 ITS is amended to clarify division practice regarding withdraw of applications.

340:110-1-8 is amended to clarify division practice regarding approval of subsequent permits.

340:110-1-8.1 ITS is amended to clarify division practice regarding out of state background investigations and clarify other division practices.

340:110-1-8.3 is amended to clarify division practice and reflect increased quality criteria for child care centers and family child care homes in the areas of administration, registration with the Oklahoma Professional Development Registry, professional development, program evaluation, parent involvement, and learning environments. Clarifications are reflected in the administrative review process.

340:110-1-9 is amended to reflect clarifications to division practice regarding on-going monitoring and change of address procedures when a facility is in inactive status.

340:110-1-9.1 is amended to clarify division practice regarding approvals of facilities for certification for the care of children with disabilities.

340:110-1-9.2 is amended to clarify division practice and complaint overviews.

340:110-1-9.3 is amended to clarify division practice regarding non-compliances and office conference procedures with facilities.

340:110-1-10 is amended to clarify division practice when recommending a denial of application or revocation of license.

340:110-1-10.1 amendment supersecedes emergency rule action to clarify division practice regarding referrals to the licensing records office regarding child welfare investigations.

340:110-1-13 is amended to clarify division practice regarding unlicensed investigation documentation.

340:110-1-14 is amended to clarify division practice regarding release of public information.

340:110-1-20 ITS is amended to clarify division procedures regarding approval for employee training.

340:110-1-43 is amended to clarify procedures regarding referral of facilities to local city officials.

340:110-1-43.1 is amended to reflect addition of new division forms.

340:110-1-44 is amended to clarify division practice.

340:110-1-45 ITS is amended to clarify division practice regarding withdraw of applications.

340:110-1-46 is amended to clarify division practice.

340:110-1-47 is amended to reflect clarifications to division practice regarding on-going monitoring, change in executive director and change of address procedures when a facility is in inactive status.

340:110-1-47.1 is amended to clarify division practice and complaint overviews.

340:110-1-47.2 is amended to clarify division practice regarding non- compliances and office conference procedures with facilities.

340:110-1-51 ITS is amended to clarify division practice regarding out of state background investigations and clarify other division practices.

340:110-1-54.1 is amended to clarify division practice regarding unlicensed investigation documentation.

340:110-1-55 ITS is amended to clarify division practice regarding release of public information.

340:110-3-37 is amended to reflect consistent language with other policy sections.

340:110-3-222 is amended to reflect consistent language with other policy sections.

340:110-5-8 is amended to reflect corrected policy citation formatting.

Reasons.The proposed revisions reflect clarifications to division practice and procedure allowing for a consistent enforcement of licensing requirements and division policy and procedures. Increased quality criteria for facilities participating in the differential quality rating system will improve the care of children and positively impact families.

Repercussions. If the proposed revisions are not implemented negative repercussions could occur as revisions assist licensing staff in the consistent enforcement of requirements and division policy. The quality of care children receive in licensed facilities would also be negatively impacted.

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.

Permanent approval.Permanent rulemaking approval is requested.

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 require facilities participating in the differential quality rating system to register with the Oklahoma Professional Development Registry. There will be no fees associated with child care facility registration.Individual staff employed with the facility will incur a $10 application fee for registration.As long as the individual maintains an active status on the Professional Development Registry there will not be a renewal fee.

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 revised rules will result in enhanced delivery of services having a positive impact on children, families and licensed facilities as it improves the consistent application of division policy and enforcement of licensing requirements. Training of division staff will be conducted by state office personnel.

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 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: Proposed rules allow for the consistent enforcement of licensing requirements and division policy which impacts the quality of care received by children in licensed facilities. The quality of care children receive in licensed facilities will also be improved.

K.The date the rule impact statement was prepared and, if modified, the date modified:Prepared January 4, 2011.

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