COMMENT DUE DATE:
March 16, 2012
DATE:
February 22, 2012
Mitzi Lee, OCCS 405-521-2556
Dena Thayer, OIRP Programs Administrator 405-521-4326
Nancy Kelly, OIRP 405-522-6703
RE:
APA WF 12-01a
The proposed policy is Permanent . This proposal will go to the Commission meeting on
Revised Date:February 22, 2012
Please note OAC Sections 340:110-1-15 and 340:110-1-54 have been added with proposed amendments.
CHAPTER 110. LICENSING 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 340:110-1-9.2 ITS only [AMENDED]
OAC 340:110-1-9.3 [AMENDED]
OAC 340:110-1-10.1 [AMENDED]
OAC 340:110-1-13 [AMENDED]
OAC 340:110-1-15 [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 through 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 Oklahoma Child Care Services (OCCS) 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) revise and increase quality criteria for facilities participating in the differential quality rating system.
OAC 340:110-1-6 is amended to indicate a revised application form that combined previous facility applications in an effort to simplify the application process and ensure accurate completion by the child care industry.[Oklahoma Child Care Facilities Licensing Act, Section 404 and 405]
OAC 340:110-1-8.3 is amended to clarify OCCS practice and separate quality rating and improvement certification criteria from approval and procedural processes, assisting the public and child care industry identify the certification criteria within the various star levels.The proposed amendments include:(1) revising the term training to professional development to encompass a higher education level; recognizing Head Start facilities in the Stars program that meet Head Start performance Standards; (2) assist in consistent monitoring by clarifying the certification review process, documentation of criteria violations, and necessary follow-up when observed during monitoring visits; (3) the deletion of a 24-month timeframe for facilities to participate at a one-star plus level; (4) movement of language from Instructions To Staff into policy clarifying alternative settlement processes; and (5) clarification of the administrative review process, assisting the child care industry in understanding why and when a review could be requested.[Oklahoma Child Care Facilities Licensing Act, Section 401]
OAC 340:110-1-8.4 is issued to assist with identifying licensing status and compliance certification criteria.[Oklahoma Child Care Facilities Licensing Act, Section 401]
OAC 340:110-1-8.5 is issued to:(1) assist with identifying administrative certification criteria; (2) increase criteria relating to administration and registration with the Oklahoma Professional Development Registry; (3) utilization of Oklahoma Core Competencies; and (4) revise policy and procedures manuals, improve staff communication, and development of professional development plans .[Oklahoma Child Care Facilities Licensing Act, Section 401]
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:(1) assist with identifying professional development certification criteria; and (2) require training in Oklahoma's Early Learning Guidelines.
OAC 340:110-1-8.8 is issued to assist with identifying learning environment certification criteria and includes 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 includes 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 includes revisions to the annual staff and parent survey and annual equipment inventory for child care centers.
OAC 340:110-1-9 is amended to change a form.
OAC 340:110-1-9.1 is amended to: (1) clarify OCCS practice regarding approvals of facilities for certification for the care of children with disabilities; (2) movement of language to clarify changes in facility personnel and appropriate documentation procedure; and (3) delete redundant policy.
OAC 340:110-1-9.3 is amended to clarify:(1) OCCS practice; (2) serious non-compliances regarding infant sleep environments; and (3) notifications to regional programs managers in regard to voluntary cease care.
OAC 340:110-1-10.1 is amended to clarify OCCS 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:(1) OCCS practice regarding unlicensed investigation procedures and documentation; and (2) unlicensed follow-up timeframes.
OAC 340:110-1-15 is amended to clarify grievance procedures and timeframes for response and allow for review by Child Care Advisory Committee.[Oklahoma Child Care Facilities Licensing Act, Section 404.]
OAC 340:110-1-44 and OAC 340:110-1-46 are amended to clarify OCCS practice with consistency in language.[Oklahoma Child Care Facilities Licensing Act, Sections 405 and 406.1]
OAC 340:110-1-47.2 is amended to clarify OCCS practice regarding documentation for non-compliances.
OAC 340:110-1-54 is amended to clarify grievance procedures and timeframes for response and allow for review by Child Care Advisory Committee.[Oklahoma Child Care Facilities Licensing Act, Section 404]
OAC 340:110-1-54.1 is amended to clarify:(1) OCCS practice and unlicensed investigation documentation regarding child placing agencies; and (2) unlicensed follow-up timeframes.[Oklahoma Child Care Facilities Licensing Act, Section 405]
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. LICENSING 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]
OAC 340:110-1-15 [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 through 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 Oklahoma Child Care Services (OCCS) 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) revise 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.
OAC 340:110-1-6 is amended to indicate a revised application form that combined previous facility applications in an effort to simplify the application process and ensure accurate completion by the child care industry.[Oklahoma Child Care Facilities Licensing Act, Section 404 and 405]
OAC 340:110-1-8.3 is amended to clarify OCCS practice and separate quality rating and improvement certification criteria from approval and procedural processes, assisting the public and child care industry identify the certification criteria within the various star levels.The proposed amendments include:(1) revising the term training to professional development to encompass a higher education level; recognizing Head Start facilities in the Stars program that meet Head Start performance Standards; (2) assist in consistent monitoring by clarifying the certification review process, documentation of criteria violations, and necessary follow-up when observed during monitoring visits; (3) the deletion of a 24-month timeframe for facilities to participate at a one-star plus level; (4) movement of language from Instructions To Staff into rule clarifying alternative settlement processes; and (5) clarification of the administrative review process, assisting the child care industry in understanding why and when a review could be requested.[Oklahoma Child Care Facilities Licensing Act, Section 401]
OAC 340:110-1-8.4 is issued to assist with identifying licensing status and compliance certification criteria.[Oklahoma Child Care Facilities Licensing Act, Section 401]
OAC 340:110-1-8.5 is issued to:(1) assist with identifying administrative certification criteria; (2) increase criteria relating to administration and registration with the Oklahoma Professional Development Registry; (3) utilization of Oklahoma Core Competencies; and (4) revise facility policy and procedures manuals, improve staff communication, and development of professional development plans.[Oklahoma Child Care Facilities Licensing Act, Section 401]
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.[Oklahoma Child Care Facilities Licensing Act, Section 401]
OAC 340:110-1-8.7 is issued to:(1) assist with identifying professional development certification criteria; and (2) require training in Oklahoma's Early Learning Guidelines. [Oklahoma Child Care Facilities Licensing Act, Section 401]
OAC 340:110-1-8.8 is issued to assist with identifying learning environment certification criteria and includes 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.[Oklahoma Child Care Facilities Licensing Act, Section 401]
OAC 340:110-1-8.9 is issued to assist with identifying parent involvement certification criteria and includes revisions to increase parent conferences in child care centers and the expansion of resources provided to parents. [Oklahoma Child Care Facilities Licensing Act, Section 401]
OAC 340:110-1-8.10 is issued to assist with identifying program evaluation certification criteria and includes revisions to the annual staff and parent survey and annual equipment inventory for child care centers. [Oklahoma Child Care Facilities Licensing Act, Section 401]
OAC 340:110-1-9 is amended to change a form. [Oklahoma Child Care Facilities Licensing Act, Section 405]
OAC 340:110-1-9.1 is amended to: (1) clarify OCCS practice regarding approvals of facilities for certification for the care of children with disabilities; (2) movement of language to clarify changes in facility personnel and appropriate documentation procedure; and (3) delete redundant policy.[Oklahoma Child Care Facilities Licensing Act, Section 401]
OAC 340:110-1-9.3 is amended to clarify:(1) OCCS practice; (2) serious non-compliances regarding infant sleep environments; and (3) notifications to regional programs managers in regard to voluntary cease care.[Oklahoma Child Care Facilities Licensing Act, Section 404 and 406]
OAC 340:110-1-10.1 is amended to clarify OCCS practice regarding referrals to the licensing records office, legal counsel, and procedures regarding Office of Client Advocacy investigations. [Oklahoma Child Care Facilities Licensing Act, Section 404.1 and 405.3]
OAC 340:110-1-13 is amended to clarify:(1) OCCS practice regarding unlicensed investigation procedures and documentation; and (2) unlicensed follow-up timeframes.[Oklahoma Child Care Facilities Licensing Act, Section 405]
OAC 340:110-1-15 is amended to clarify grievance procedures and timeframes for response and allow for review by Child Care Advisory Committee.[Oklahoma Child Care Facilities Licensing Act, Section 404]
OAC 340:110-1-44 and OAC 340:110-1-46 are amended to clarify OCCS practice with consistency in language.[Oklahoma Child Care Facilities Licensing Act, Sections 405 and 406.1]
OAC 340:110-1-47.2 is amended to clarify OCCS practice regarding documentation for non-compliances.[Oklahoma Child Care Facilities Licensing Act, Section 404 and 406]
OAC 340:110-1-54 is amended to clarify grievance procedures and timeframes for response and allow for review by Child Care Advisory Committee.[Oklahoma Child Care Facilities Licensing Act, Section 404]
OAC 340:110-1-54.1 is amended to clarify:(1) OCCS practice and unlicensed investigation documentation regarding child placing agencies; and (2) unlicensed follow-up timeframes.[Oklahoma Child Care Facilities Licensing Act, Section 405]
Reasons.The proposed revisions reflect clarifications to OCCS practice and procedure allowing for a consistent enforcement of licensing requirements and 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 OCCS policy.The quality of care children received 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 serviceshaving a positive impact on children, families, and licensed facilities as it improves the consistent application of OCCS policy and enforcement of licensing requirements. Training of OCCS 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; however, the proposed rules were sent to the Oklahoma Small Business Regulatory Review Committee.
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 OCCS 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 22, 2012.
