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COMMENT DUE DATE:  

March 20, 2014

DATE: 

February 11, 2014

Mitzi Lee, Child Care Services (405) 521-2556

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

RE:  

APA 13-05a

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 is subject to the Administrative Procedures Act

Note: The rules listed below were approved by the Governor as emergency rules on 10-15-13 with an effective date of 11-1-13. Per the Administrative Procedures Act the rules are now being submitted for permanent approval.

SUBJECT:

Chapter 110. LICENSING SERVICES

Subchapter 1. General Provisions

Part 1. Licensing Services-Child Care

OAC 340:110-1-4.1 [AMENDED]

OAC 340:110-1-8.1 [AMENDED]

OAC 340:110-1-10.1 [AMENDED]

Part 3. Licensing Services-Residential Care and Agencies

OAC 340:110-1-43.1 [AMENDED]

OAC 340:110-1-51 [AMENDED and RENUMBERED to OAC 340:110-1-8.1]

Subchapter 3. Licensing Standards for Child Care Facilities

Part 1. Requirements for Child Care Centers

OAC 340:110-3-2 through 340:110-3-5 [AMENDED]

OAC 340:110-3-6 through 340:110-3-7.1 [AMENDED]

OAC 340:110-3-10 [AMENDED]

OAC 340:110-3-33.2 [AMENDED]

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

OAC 340:110-3-36 through 340:110-3-39 [AMENDED]

OAC 340:110-3-41 through 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 340:110-3-82 [AMENDED]

OAC 340:110-3-85 [AMENDED]

OAC 340:110-3-88 [AMENDED]

OAC 340:110-3-97.1 [AMENDED]

Part 9. Requirements for Residential Child Care Facilities

OAC 340:110-3-146 through 147 [AMENDED]

OAC 340:110-3-150 [AMENDED]

OAC 340:110-3-153.1 [AMENDED]

OAC 340:110-3-154 [AMENDED]

OAC 340:110-3-168 [AMENDED]

Part 14. Requirements for School-Age Programs

OAC 340:110-3-221 through 340:110-3-223 [AMENDED]

OAC 340:110-3-225 through 340:110-3-226 [AMENDED]

OAC 340:110-3-228 [AMENDED]

Subchapter 5. Requirements for Child-Placing Agencies

Part 1. Requirements for Child-Placing Agencies

OAC 340:110-5-3 through 340:110-5-4 [AMENDED]

OAC 340:110-5-8 [AMENDED]

OAC 340:110-5-12 [AMENDED]

OAC 340:110-5-57 [AMENDED]

(Reference APA WF 13-05a)

SUMMARY:The proposed amendments reflect necessary revisions due to amendments to the Oklahoma Child Care Facilities Licensing Act (Licensing Act) as a result of Senate Bill (SB) 917.In 2011, SB 674 amended the Licensing Act to require criminal history records searches that included fingerprinting of program owners, entities, operators, program directors, employees, and adult residents in child care facilities. Several Sections of the Licensing Act were identified as being unclear and not matching current terminology.Amendments also addressed, the need for the definitions of responsible entity and specialized service professional, and needed revisions for the definition of rap back.Unsupervised access by individuals in relation to criminal history background searches was also clarified.

Child Care Services (CCS) was contacted by the Oklahoma Department of Labor on May 17, 2013, regarding teen aide licensing requirements for child care centers and school-age programs.The teen aide category is being removed in response to clarification received from the Oklahoma Department of Labor and a DHS Legal Services review of this language.

PERMANENT APPROVAL:Permanent rulemaking approval is requested.

LEGAL AUTHORITY:Director of Human Services; O.S. 56 § 162; Oklahoma Child Care Facilities Licensing Act 10 O.S. § 401 et seq.; SB 917; and Oklahoma Department of Labor Child Labor Law, 40 O.S. §§ 70 and 77.

Rule Impact Statement

To:Programs Administrator

Office of Intergovernmental Relations and Policy

From:LesliBlazer,DivisionDirector

Date:January 24, 2014

Re:CHAPTER 110. LICENSING SERVICES

Subchapter 1. General Provisions

Part 1. Licensing Services-Child Care

OAC 340:110-1-8.1 [AMENDED]

OAC 340:110-1-10.1 [AMENDED]

Part 3. Licensing Services-Residential Care and Agencies

OAC 340:110-1-51 [AMENDED and RENUMBERED to OAC 340:110-1-8.1]

Subchapter 3. Licensing Standards for Child Care Facilities

Part 1. Requirements for Child Care Centers

OAC 340:110-3-2 through 340:110-3-3 [AMENDED]

OAC 340:110-3-5 [AMENDED]

OAC 340:110-3-6 [AMENDED]

OAC 340:110-3-7.1 [AMENDED]

OAC 340:110-3-10 [AMENDED]

OAC 340:110-3-33.2 [AMENDED]

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

OAC 340:110-3-36 through 340:110-3-37 [AMENDED]

OAC 340:110-3-39 [AMENDED]

OAC 340:110-3-41 through 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 340:110-3-82 [AMENDED]

OAC 340:110-3-85 [AMENDED]

OAC 340:110-3-88 [AMENDED]

OAC 340:110-3-97.1 [AMENDED]

Part 9. Requirements for Residential Child Care Facilities

OAC 340:110-3-146 through 340:110-3-147 [AMENDED]

OAC 340:110-3-150 [AMENDED]

OAC 340:110-3-153.1 [AMENDED]

OAC 340:110-3-154 [AMENDED]

OAC 340:110-3-168 [AMENDED]

Part 14. Requirements for School-Age Programs

OAC 340:110-3-221 through 340:110-3-223 [AMENDED]

OAC 340:110-3-225 through 340:110-3-226 [AMENDED]

OAC 340:110-3-228 [AMENDED]

Subchapter 5. Requirements for Child-Placing Agencies

Part 1. Requirements for Child-Placing Agencies

OAC 340:110-5-3 through 340:110-5-4 [AMENDED]

OAC 340:110-5-8 [AMENDED]

OAC 340:110-5-12 [AMENDED]

Part 5. Requirements for Foster Home Agencies

OAC 340:110-5-57 [AMENDED]

(Reference APA WF 13-05)

Contact:Mitzi Lee 405-521-2556

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

Purpose.The proposed amendments reflect revisions to rules per the Oklahoma Child Care Licensing Facilities Act as a result of Senate Bill (SB) 917.SB 917 amended statute with regard to:(1) provisions for fingerprinting processes and procedures relating to licensed child care facilities; (2) definitions for responsible entity and specialized services professionals; (3) clarifying rap back definition and unsupervised access to children; and (4) requiring parent notification when volunteers, who transport on an irregular basis, or specialized service professionals may not have been fingerprinted.Revisions also remove the category of teen aides for child care center and school-age programs.

Strategic Plan impact.The proposed rules achieve Oklahoma Department of Human Services (DHS) 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 340:110-1-8.1 is amended to reflect revisions to division policy regarding fingerprinting.

OAC 340:110-1-10.1 is amended to reflect revisions to division policy regarding fingerprinting.

OAC 340:110-1-51 is amended and renumbered to OAC 340:110-1-8.1.

OAC 340:110-3-2 is amended to define specialized services professionals, define unsupervised access to children, remove definition of teen aides, and align program definitions.

OAC 340:110-3-3 is amended to reflect clarified definitions.

OAC 340:110-3-5 is amended to reflect revised rule section citations.

OAC 340:110-3-6 is amended to require parental notification when applicable regarding specialized services professionals and volunteers transporting on an irregular basis.Amendments also revise maintenance of personnel records regarding rule revisions associated with fingerprinting and remove reference to teen aide category and records.

OAC 340:110-3-7.1 is amended to reflect requirements for facilities regarding fingerprinting processes and procedures and remove category of teen aides.

OAC 340:110-3-10 is amended to reflect revised rule section citations.

OAC 340:110-3-33.2 is amended to reflect revised rule section citations.

OAC 340:110-3-36 is amended to define specialized services professionals, unsupervised access to children, and align program definitions.

OAC 340:110-3-37 is amended to reflect clarified definitions.

OAC 340:110-3-39 is amended to reflect revised rule section citations.

OAC 340:110-3-41 is amended to require parental notification when applicable regarding specialized services professionals and volunteers transporting on an irregular basis.Amendments also revise maintenance of personnel records regarding rule revisions associated with fingerprinting.

OAC 340:110-3-42 is amended to reflect requirements for facilities regarding fingerprinting processes and procedures.

OAC 340:110-3-81 is amended to define specialized services professionals, unsupervised access to children, and align program definitions.

OAC 340:110-3-82 is amended to reflect clarified definitions.

OAC 340:110-3-85 is amended to reflect requirements for facilities regarding fingerprinting processes and procedures.

OAC 340:110-3-88 is amended to require parental notification when applicable regarding specialized services professionals and volunteers transporting on an irregular basis.Amendments also revise maintenance of personnel records regarding rule revisions associated with fingerprinting.

OAC 340:110-3-97.1 is amended to reflect revised rule section citations.

OAC 340:110-3-146 is amended to define specialized services professionals and align program definitions.

OAC 340:110-3-147 is amended to reflect clarified definitions.

OAC 340:110-3-150 is amended to reflect clarified definitions.

OAC 340:110-3-153.1 is amended to reflect requirements for facilities regarding fingerprinting processes and procedures.Amendments also revise maintenance of personnel records regarding rule revisions associated with fingerprinting.

OAC 340:110-3-154 is amended to require parental notification when applicable regarding specialized services professionals and volunteers transporting on an irregular basis.

OAC 340:110-3-168 is amended to revise language as hospitals contracting with Oklahoma Health Care Authority are no longer exempt from submission of criminal history records to Licensing Records Office.

OAC 340:110-3-221 is amended to define specialized services professionals, define unsupervised access to children, remove definition of teen aides, and align program definitions.

OAC 340:110-3-222 is amended to reflect clarified definitions.

OAC 340:110-3-223 is amended to reflect revised rule section citations.

OAC 340:110-3-225 is amended to require parental notification when applicable regardingspecialized services professionals and volunteers transporting on an irregular basis.Amendments also revise maintenance of personnel records regarding rule revisions associated with fingerprinting and remove reference to teen aide category and records.

OAC 340:110-3-226 is amended to reflect requirements for facilities regarding fingerprinting processes and procedures and remove category of teen aides.

OAC 340:110-3-228 is amended to reflect revised rule section citations.

OAC 340:110-5-3 is amended to define specialized services professionals and align program definitions.

OAC 340:110-5-4 is amended to reflect clarified definitions.

OAC 340:110-5-8 is amended to reflect requirements for facilities regarding fingerprinting processes and procedures.

OAC 340:110-5-12 is amended to revise maintenance of personnel records regarding rule revisions associated with fingerprinting.

OAC 340:110-5-57 is amended to reflect revised rule section citations.

Reasons.The proposed amendments reflect necessary revisions due to amendments to the Oklahoma Child Care Facilities Licensing Act (Licensing Act) as a result of Senate Bill (SB) 917.In 2011, SB 674 amended the Licensing Act to require criminal history records searches that included fingerprinting of program owners, entities, operators, program directors, employees, and adult residents in child care facilities.Several Sections of the Licensing Act were identified as being unclear and not matching current terminology.Amendments also addressed, the need for the definitions of responsible entity and specialized service professional, and needed revisions for the definition of rap back.Unsupervised access by individuals in relation to criminal history background searches was also clarified.

Child Care Services (CCS) was contacted by the Oklahoma Department of Labor on May 17, 2013, regarding teen aide licensing requirements for child care centers and school-age programs.The teen aide category is being removed in response to clarification received from the Oklahoma Department of Labor and a DHS Legal Services review of this language.

Repercussions.If the proposed rules are not implemented negative repercussions would occur as amendments address revisions necessary in accordance with Section 401 et seq. of Title 10 of the Oklahoma Statutes (10 O.S. § 401 et seq.), the Oklahoma Child Care Facilities Licensing Act, and Oklahoma Department of Labor Child Labor Law, 40 O.S. §§ 70 and 77.

Legal authority.Director of Human Services; 56 O.S. § 162; SB 917; the Oklahoma Child Care Facilities Licensing Act, 10 O.S. § 401 et seq.; and Oklahoma Department of Labor Child Labor Law, 40 O.S. §§ 70 and 77.

Permanent rulemaking approval is requested.Emergency rules were effective November 1, 2013. Permanent rulemaking approval is now 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, residential programs, child-placing agencies, parents utilizing licensed child care, children in care at licensed facilities, and child care services licensing staff.Anticipated costs are associated with fingerprinting.Costs will be determined upon a request for proposal with a contracted vendor to provide this service.

C.A description of the classes of persons who will benefit from the proposed rule:The classes of persons most likely to benefit by the proposed rules are licensed child care facilities, residential programs, child-placing agencies, 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 fee change:Costs associated with amendments include fingerprinting fees.Depending upon specific child care program policies, fees will be paid either by the child care program or the individual.Fees are a result of the legislation.

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 classes of persons most likely to be affected by the proposed rules are licensed child care facilities, residential programs, child-placing agencies, parents utilizing licensed child care, children in care at licensed facilities, and child care services licensing staff.Anticipated printing and mailing costs of the revised licensing requirement books for over 4300 child care facilities would be $8600.Anticipated costs of training to the child care industry is $30,000.Training costs to CCS staff are anticipated to be minimal because training will be provided by CCS State office staff.

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 economic effect associated with the rule is a result of legislation and related fingerprinting costs.

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:  The economic effect associated with the rule is a result of legislation and related fingerprinting costs.

H.An explanation of the measures the Agency has taken to minimize compliance costs and a determination whether there are less costly or nonregulatory 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 as the amendments reflect fingerprinting for required individuals in child care facilities.

J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented:A detrimental effect on the safety of children will occur should proposed rules not be amended as revisions reflect fingerprinting for required individuals in child care facilities.

K.The date the rule impact statement was prepared and, if modified, the date modified:Prepared June 11, 2013; modified July 17, 2013, modified September 24, 2013, modified December 5, 2013; modified January 24, 2014


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