COMMENT DUE DATE:
March 16, 2012
DATE:
February 17, 2012
Mitzi Lee, OCCS (405) 521-2556
Dena Thayer OIRP Programs Administrator (405) 521-4326
Nancy Kelly, OIRP (405) 522-6703
RE:
APA WF 12-01
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 Instructions to Staff (ITS) only [AMENDED]
OAC 340:110-1-6 [AMENDED]
OAC 340:110-1-8.1 ITS only [AMENDED]
OAC 340:110-1-8.3 [AMENDED]
OAC 340:110-1-8.4 through OAC 340:110-1- 8.10 [ISSUED]
OAC 340:110-1-9 through OAC 340:110-1-9.1 [AMENDED]
OAC 340:110-1-9.21 ITS only [AMENDED]
OAC 340:110-1-9.3 [AMENDED]
OAC 340:110-1-10.1 [AMENDED]
OAC 340:110-1-13 [AMENDED]
PART 3. LICENSING SERVICES – RESIDENTIAL CARE AND AGENCIES
OAC 340:110-1-44 [AMENDED]
OAC 340:110-1-46 [AMENDED]
OAC 340:110-1-47 thru OAC 340:110-1-47.1 ITS only [AMENDED]
OAC 340:110-1-47.2 [AMENDED]
OAC 340:110-1-51 ITS only [AMENDED]
OAC 340:110-1-54.1 [AMENDED]
(Reference WF 12-01)
SUMMARY:The proposed amendments to Chapter 110 Subchapter 1 amend the rules to:(1) clarify division policy and practice and assist with the consistent enforcement of licensing requirements; (2) revise the separation of criteria for the quality rating and improvement system from the approval process and procedures; and (3) revisions and increase in quality criteria for facilities participating in the differential quality rating system are also included in the issued policy sections.
OAC 340:110-1-6 is amended to clarify current application procedures.
OAC 340:110-1-8.3 is amended to clarify division practice and separate quality rating and improvement certification criteria from approval and procedural processes.
OAC 340:110-1-8.4 is issued to assist with identifying licensing status and compliance certification criteria.
OAC 340:110-1-8.5 is issued to assist with identifying administrative certification criteria and increase criteria relating to administration and registration with the Oklahoma Professional Development Registry.
OAC 340:110-1-8.6 is issued to assist with identifying director, staff, and primary caregiver qualification criteria and include training in Oklahoma's Early Learning Guidelines.
OAC 340:110-1-8.7 is issued to assist with identifying professional development certification criteria and include revisions also include training in Oklahoma's Early Learning Guidelines.
OAC 340:110-1-8.8 is issued to assist with identifying learning environment certification criteria and include revisions addition of music and movement interest areas, engagement of physical activity, and limitation of screen time for children younger than two years of age.
OAC 340:110-1-8.9 is issued to assist with identifying parent involvement certification criteria and include revisions to increase parent conferences in child care centers and the expansion of resources provided to parents.
OAC 340:110-1-8.10 is issued to assist with identifying program evaluation certification criteria and include revisions to the annual staff and parent survey and annual equipment inventory for child care centers.
OAC 340:110-1-9 is amended to clarify division practice.
OAC 340:110-1-9.1 is amended to clarify division practice regarding approvals of facilities for certification for the care of children with disabilities.
OAC 340:110-1-9.3 is amended to clarify division practice and serious non-compliances regarding infant sleep environments.
OAC 340:110-1-10.1 is amended to clarify division practice regarding referrals to the licensing records office, legal counsel, and procedures regarding Office of Client Advocacy investigations.
OAC 340:110-1-13 is amended to clarify division practice regarding unlicensed investigation documentation.
OAC 340:110-1-44 and OAC 340:110-1-46 are amended to clarify division practice.
OAC 340:110-1-47.2 is amended to clarify division practice regarding documentation for non-compliances.
OAC 340:110-1-54.1 is amended to clarify division practice and clarify unlicensed investigation documentation regarding child placing agencies.
OAC 340:110-1-5, 340:110-1-8.1, 340:110-1-9.2, 340:110-1-47 thru 47.1, and 340:110-1-51 amend Instructions to Staff.
PERMANENT RULEMAKING APPROVAL IS REQUESTED.
LEGAL AUTHORITY: Commission for Human Services; Article XXV, Sections 2 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:February 15, 2012
Re:CHAPTER 110. Oklahoma Child Care Services
Subchapter 1. General Provisions
Part 1. Licensing Services – Child Care
OAC 340:110-1-6 [AMENDED]
OAC 340:110-1-8.3 [AMENDED]
OAC 340:110-1-8.4 through OAC 340:110-1- 8.10 [ISSUED]
OAC 340:110-1-9 through OAC 340:110-1-9.1 [AMENDED]
OAC 340:110-1-9.3 [AMENDED]
OAC 340:110-1-10.1 [AMENDED]
OAC 340:110-1-13 [AMENDED]
Part 3. Licensing Services – Residential Care and Agencies
OAC 340:110-1-44 [AMENDED]
OAC 340:110-1-46 [AMENDED]
OAC 340:110-1-47.2 [AMENDED]
OAC 340:110-1-54.1 [AMENDED]
Contact: Mitzi Lee 405-521-2556
A.Brief description of the purpose of the proposed rule:
Purpose.The proposed amendments to Chapter 110 Subchapter 1 amend the rules to:(1) clarify division policy and practice and assist with the consistent enforcement of licensing requirements; (2) revise the separation of criteria for the quality rating and improvement system from the approval process and procedures; and (3) revisions and increase in quality criteria for facilities participating in the differential quality rating system are also included in the issued policy sections.
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.
OAC 340:110-1-6 is amended to clarify current application procedures.
OAC 340:110-1-8.3 is amended to clarify division practice and separate quality rating and improvement certification criteria from approval and procedural processes.
OAC 340:110-1-8.4 is issued to assist with identifying licensing status and compliance certification criteria.
OAC 340:110-1-8.5 is issued to assist with identifying administrative certification criteria and increase criteria relating to administration and registration with the Oklahoma Professional Development Registry.
OAC 340:110-1-8.6 is issued to assist with identifying director, staff, and primary caregiver qualification criteria and include training in Oklahoma's Early Learning Guidelines.
OAC 340:110-1-8.7 is issued to assist with identifying professional development certification criteria and include revisions also include training in Oklahoma's Early Learning Guidelines.
OAC 340:110-1-8.8 is issued to assist with identifying learning environment certification criteria and include revisions addition of music and movement interest areas, engagement of physical activity, and limitation of screen time for children younger than two years of age.
OAC 340:110-1-8.9 is issued to assist with identifying parent involvement certification criteria and include revisions to increase parent conferences in child care centers and the expansion of resources provided to parents.
OAC 340:110-1-8.10 is issued to assist with identifying program evaluation certification criteria and include revisions to the annual staff and parent survey and annual equipment inventory for child care centers.
OAC 340:110-1-9 is amended to clarify division practice.
OAC 340:110-1-9.1 is amended to clarify division practice regarding approvals of facilities for certification for the care of children with disabilities.
OAC 340:110-1-9.3 is amended to clarify division practice and serious non-compliances regarding infant sleep environments.
OAC 340:110-1-10.1 is amended to clarify division practice regarding referrals to the licensing records office, legal counsel, and procedures regarding Office of Client Advocacy investigations.
OAC 340:110-1-13 is amended to clarify division practice regarding unlicensed investigation documentation.
OAC 340:110-1-44 and OAC 340:110-1-46 are amended to clarify division practice.
OAC 340:110-1-47.2 is amended to clarify division practice regarding documentation for non-compliances.
OAC 340:110-1-54.1 is amended to clarify division practice and clarify unlicensed investigation documentation regarding child placing agencies.
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 and 4 of the Oklahoma Constitution; and 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.
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 is no 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 that impacts the quality of care received by children in licensed facilities. The quality of care children receive in licensed facilities will also improve.
K.The date the rule impact statement was prepared and, if modified, the date modified:Prepared January 3, 2012; modified February 15, 2012.
