COMMENT DUE DATE:
March 17, 2016
DATE:
February 16, 2016
Mitzi Lee, Programs Manager (405) 521-2556
Dena Thayer, OIRP Programs Administrator (405) 521-4326
RE:
APA WF 14-07P
The proposed policy is Permanent . This proposal is subject to Administrative Procedures Act
It is important that you provide your comments regarding the draft copy of policy by the comment due date.Comments are directed to the Policy Management Unit.The proposed policy is permanent.
A public hearing is scheduled for 9:00 a.m. on March 25, 2016 at the Oklahoma Department of Human Services, Sequoyah Memorial Office Building, 2400 N. Lincoln Boulevard, Oklahoma City, OK73105, Room C-48. Anyone who wants to speak must sign in at the door by 9:05 a.m.
SUBJECT:Subchapter 1. General Provisions
Part 1. Licensing Services-Child Care
OAC 340:110-1-4.1 [REVOKED]
OAC 340:110-1-8.1 [AMENDED]
OAC 340:110-1-9.1 [AMENDED]
OAC 340:110-1-15 [AMENDED]
Part 3. Licensing Services-Residential Care and Agencies
OAC 340:110-1-43.1 [REVOKED]
OAC 340:110-1-47.1 [AMENDED]
OAC 340:110-1-54 [AMENDED]
Subchapter 3. Licensing Standards for Child Care Facilities
Part 1. Requirements for Child Care Centers
OAC 340:110-3-1 [REVOKED]
OAC 340:110-3-2 [AMENDED AND RENUMBERED TO 340:110-3-275]
OAC 340:110-3-3 [AMENDED AND RENUMBERED TO 340:110-3-276]
OAC 340:110-3-5 [REVOKED]
OAC 340:110-3-5.1 [AMENDED AND RENUMBERED TO 340:110-3-278]
OAC 340:110-3-6 [AMENDED AND RENUMBERED TO 340:110-3-281.2]
OAC 340:110-3-7.1 [AMENDED AND RENUMBERED TO 340:110-3-284]
OAC 340:110-3-9.1 [AMENDED AND RENUMBERED TO 340:110-3-287]
OAC 340:110-3-10 [AMENDED AND RENUMBERED TO 340:110-3-293]
OAC 340:110-3-11 [AMENDED AND RENUMBERED TO 340:110-3-300]
OAC 340:110-3-14 [AMENDED AND RENUMBERED TO 340:110-3-302]
OAC 340:110-3-22 [AMENDED AND RENUMBERED TO 340:110-3-301]
OAC 340:110-3-25 [REVOKED]
OAC 340:110-3-25.1 [AMENDED AND RENUMBERED TO 340:110-3-289]
OAC 340:110-3-25.2 [AMENDED AND RENUMBERED TO 340:110-3-290]
OAC 340:110-3-25.3 [AMENDED AND RENUMBERED TO 340:110-3-281.4]
OAC 340:110-3-25.4 [AMENDED AND RENUMBERED TO 340:110-3-291]
OAC 340:110-3-25.5 [AMENDED AND RENUMBERED TO 340:110-3-296]
OAC 340:110-3-25.6 [AMENDED AND RENUMBERED TO 340:110-3-286]
OAC 340:110-3-26 [AMENDED AND RENUMBERED TO 340:110-3-288]
OAC 340:110-3-27 [AMENDED AND RENUMBERED TO 340:110-3-294]
OAC 340:110-3-28 [AMENDED AND RENUMBERED TO 340:110-3--298]
OAC 340:110-3-29 [AMENDED AND RENUMBERED TO 340:110-3-305]
OAC 340:110-3-31 [AMENDED AND RENUMBERED TO 340:110-3-299]
OAC 340:110-3-33 [AMENDED AND RENUMBERED TO 340:110-3-279]
OAC 340:110-3-33.1 [AMENDED AND RENUMBERED TO 340:110-3-308]
OAC 340:110-3-33.2 [AMENDED AND RENUMBERED TO 340:110-3-311]
OAC 340:110-3-33.3 [REVOKED]
Part 2. Requirements for Part-Day Children's Programs
OAC 340:110-3-35 through 340:110-3-49.7 [REVOKED]
Part 14. Requirements for School-Age Programs
OAC 340:110-3-220 through 340:110-3-242 [REVOKED]
Part 15. Requirements for Child Care Centers, Day Camps, Drop-In Programs, Out-of-School Time Programs, Part-Day Programs and Programs for Sick Children [NEW]
OAC 340:110-3-275 through 340:110-3-311 [NEW]
OAC 340:110 Appendices EE through NN [NEW]
(Reference APA WF 14-07)
NOTE: All rules listed were approved as emergency rules by the Governor on June 4, 2015 and are now submitted for approval as permanent rules.
SUMMARY:The proposed amendments Chapter 110 Subchapters 1 and 3 are to:(1) clarify division practice and procedure; and (2) amend licensing requirements for child care centers, day camps, drop-in programs, school-age programs, part-day programs, and programs caring for sick children.Rule Sections revoked are issued as new Sections.Revisions to licensing requirements include the areas of professional development of child care personnel, areas impacting children's health and safety, emergency preparedness, learning program principles, health, hygiene, and nutrition.
PERMANENT APPROVAL:Permanent rulemaking is requested.
LEGAL AUTHORITY:Director of Human Services; Section 162 of Title 56 of the Oklahoma Statues (O.S. 56 § 162); and 10 O.S. § 404, and the Oklahoma Child Care Facilities Licensing Act.Rule Impact Statement
To:Programs administrator
Office of Intergovernmental Relations and Policy
From:Lesli Blazer, DivisionDirector
Child Care Services
Date:January 20, 2016
Re:CHAPTER 110. LICENSING SERVICES
Subchapter 1. General Provisions
Part 1. Licensing Services-Child Care
OAC 340:110-1-4.1 [REVOKED]
OAC 340:110-1-8.1 [AMENDED]
OAC 340:110-1-9.1 [AMENDED]
OAC 340:110-1-15 [AMENDED]
Part 3. Licensing Services-Residential Care and Agencies
OAC 340:110-1-43.1 [REVOKED]
OAC 340:110-1-47.1 [AMENDED]
OAC 340:110-1-54 [AMENDED]
Subchapter 3. Licensing Standards for Child Care Facilities
Part 1. Requirements for Child Care Centers
OAC 340:110-3-1 [REVOKED]
OAC 340:110-3-2 [AMENDED AND RENUMBERED TO 340:110-3-275]
OAC 340:110-3-3 [AMENDED AND RENUMBERED TO 340:110-3-276]
OAC 340:110-3-5 [AMENDED AND RENUMBERED TO 340:110-3-277]
OAC 340:110-3-5.1 [AMENDED AND RENUMBERED TO 340:110-3-278]
OAC 340:110-3-6 [AMENDED AND RENUMBERED TO 340:110-3-281.2]
OAC 340:110-3-7.1 [AMENDED AND RENUMBERED TO 340:110-3-284]
OAC 340:110-3-9.1 [AMENDED AND RENUMBERED TO 340:110-3-287]
OAC 340:110-3-10 [AMENDED AND RENUMBERED TO 340:110-3-293]
OAC 340:110-3-11 [AMENDED AND RENUMBERED TO 340:110-3-300]
OAC 340:110-3-14 [AMENDED AND RENUMBERED TO 340:110-3-302]
OAC 340:110-3-22 [AMENDED AND RENUMBERED TO 340:110-3-301]
OAC 340:110-3-25 [AMENDED AND RENUMBERED TO 340:110-3-297]
OAC 340:110-3-25.1 [AMENDED AND RENUMBERED TO 340:110-3-289]
OAC 340:110-3-25.2 [AMENDED AND RENUMBERED TO 340:110-3-290]
OAC 340:110-3-25.3 [AMENDED AND RENUMBERED TO 340:110-3-281.4]
OAC 340:110-3-25.4 [AMENDED AND RENUMBERED TO 340:110-3-291]
OAC 340:110-3-25.5 [AMENDED AND RENUMBERED TO 340:110-3-296]
OAC 340:110-3-25.6 [AMENDED AND RENUMBERED TO 340:110-3-286]
OAC 340:110-3-26 [AMENDED AND RENUMBERED TO 340:110-3-288]
OAC 340:110-3-27 [AMENDED AND RENUMBERED TO 340:110-3-294]
OAC 340:110-3-28 [AMENDED AND RENUMBERED TO 340:110-3-298]
OAC 340:110-3-29 [AMENDED AND RENUMBERED TO 340:110-3-305]
OAC 340:110-3-31 [AMENDED AND RENUMBERED TO 340:110-3-299]
OAC 340:110-3-33 [AMENDED AND RENUMBERED TO 340:110-3-279]
OAC 340:110-3-33.1 [AMENDED AND RENUMBERED TO 340:110-3-308]
OAC 340:110-3-33.2 [AMENDED AND RENUMBERED TO 340:110-3-311]
OAC 340:110-3-33.3 [REVOKED]
Part 2. Requirements for Part-Day Children's Programs
OAC 340:110-3-35 through 340:110-3-49.7 [REVOKED]
Part 14. Requirements for School-Age Programs
OAC 340:110-3-220 through 340:110-3-242 [REVOKED]
Part 15. Requirements for Child Care Centers, Day Camps, Drop-In Programs, Out-of-School Time Programs, Part-Day Programs, and Programs for Sick Children [NEW]
OAC 340:110-3-275 through 340:110-3-311 [NEW]
OAC 340:110 Appendices EE through NN [NEW]
(Reference APA WF 14-07)
Contact:Mitzi Lee 405-521-2556
A.Brief description of the purpose of the proposed rule:
The proposed amendments Chapter 110 Subchapters 1 and 3 are to:(1) clarify division practice and procedure; and (2) amend licensing requirements for child care centers, day camps, drop-in programs, school-age programs, part-day programs, and programs caring for sick children.Rule Sections revoked are issued as new Sections.Revisions to licensing requirements include the areas of professional development of child care personnel, areas impacting children's health and safety, emergency preparedness, learning program principles, health, hygiene, and nutrition.
Strategic Plan Impact.
The proposed rules achieve Oklahoma Department of Human Service (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.
Subchapter 1. General Provisions
Part 1. Licensing Services-Child Care
Oklahoma Administrative Code (OAC) 340:110-1-4.1 is revoked because the Section is redundant since form numbers and names are listed throughout the Subchapter.
OAC 340:110-1-8.1 is amended to clarify program practice and procedure.
OAC 340:110-1-9.1 is amended to clarify certification procedures and program practice and procedure.
OAC 340:110-1-15 is amended to reflect DHS organizational structure.
Part 3. Licensing Services-Residential Care and Agencies
OAC 340:110-1-43.1 is revoked because the Section is redundant since form numbers and names are listed throughout the Subchapter.
OAC 340:110-1-47.1 is amended to clarify program practice and procedure.
OAC 340:110-1-54 is amended to reflect DHS organizational structure.
PART 1. REQUIREMENTS FOR CHILD CARE CENTERS
OAC 340:110-3-1 is revoked because language is found in Section 401 et seq. of Title 10 of the Oklahoma Statutes.
OAC 340:110-3-2 is amended and renumbered to OAC 340:110-3-275.
OAC 340:110-3-3 is amended and renumbered to OAC 340:110-3-276.
OAC 340:110-3-5 is amended and renumbered to OAC 340:110-3-277.
OAC 340:110-3-5.1 is amended and renumbered to OAC 340:110-3-278.
OAC 340:110-3-6 is amended and renumbered to OAC 340:110-3-281.2.
OAC 340:110-3-7.1 is amended and renumbered to OAC 340:110-3-284.
OAC 340:110-3-9.1 is amended and renumbered to OAC 340:110-3-287.
OAC 340:110-3-10 is amended and renumbered to OAC 340:110-3-293.
OAC 340:110-3-11 is amended and renumbered to OAC 340:110-3-300.
OAC 340:110-3-14 is amended and renumbered to OAC 340:110-3-302.
OAC 340:110-3-22 is amended and renumbered to OAC 340:110-3-301.
OAC 340:110-3-25 is amended and renumbered to OAC 340:110-3-297.
OAC 340:110-3-25.1 is amended and renumbered to OAC 340:110-3-289.
OAC 340:110-3-25.2 is amended and renumbered to OAC 340:110-3-290.
OAC 340:110-3-25.3 is amended and renumbered to OAC 340:110-3-281.4.
OAC 340:110-3-25.4 is amended and renumbered to OAC 340:110-3-291.
OAC 340:110-3-25.5 is amended and renumbered to OAC 340:110-3-296.
OAC 340:110-3-25.6 is amended and renumbered to OAC 340:110-3-286.
OAC 340:110-3-26 is amended and renumbered to OAC 340:110-3-288.
OAC 340:110-3-27 is amended and renumbered to OAC 340:110-3-294.
OAC 340:110-3-28 is amended and renumbered to OAC 340:110-3-298.
OAC 340:110-3-29 is amended and renumbered to OAC 340:110-3-305.
OAC 340:110-3-31 is amended and renumbered to OAC 340:110-3-299.
OAC 340:110-3-33 is amended and renumbered to OAC 340:110-3-279.
OAC 340:110-3-33.1 is amended and renumbered to OAC 340:110-3-308.
OAC 340:110-3-33.2 is amended and renumbered to OAC 340:110-3-311.
OAC 340:110-3-33.3 is revoked because it is no longer accurate.
PART 2. REQUIREMENTS FOR PART-DAY CHILDREN'S PROGRAMS
OAC 340:110-3-35 is revoked because language is found in Section 401 et seq. of Title 10 of the Oklahoma Statutes.
OAC 340:110-3-36 is revoked and repositioned to OAC 340:110-3-275.
OAC 340:110-3-37 is revoked and repositioned to OAC 340:110-3-276.
OAC 340:110-3-38 is revoked because it is no longer required.
OAC 340:110-3-39 is revoked and repositioned to OAC 340:110-3-277.
OAC 340:110-3-40 is revoked and repositioned to OAC 340:110-3-278.
OAC 340:110-3-41 is revoked and repositioned to OAC 340:110-3-281.2.
OAC 340:110-3-42 is revoked and repositioned to OAC 340:110-3-284.
OAC 340:110-3-43 is revoked and repositioned to OAC 340:110-3-287.
OAC 340:110-3-44 is revoked and repositioned to OAC 340:110-3-300.
OAC 340:110-3-45 is revoked and repositioned to OAC 340:110-3-302.
OAC 340:110-3-46 is revoked and repositioned to OAC 340:110-3-301.
OAC 340:110-3-47 is revoked and repositioned to OAC 340:110-3-297.
OAC 340:110-3-48 is revoked and repositioned to OAC 340:110-3-289.
OAC 340:110-3-49 is revoked and repositioned to OAC 340:110-3-291.
OAC 340:110-3-49.1 is revoked and repositioned to OAC 340:110-3-296.
OAC 340:110-3-49.2 is revoked and repositioned to OAC 340:110-3-288.
OAC 340:110-3-49.3 is revoked and repositioned to OAC 340:110-3-294.
OAC 340:110-3-49.4 is revoked and repositioned to OAC 340:110-3-298.
OAC 340:110-3-49.5 is revoked and repositioned to OAC 340:110-3-305.
OAC 340:110-3-49.6 is revoked and repositioned to OAC 340:110-3-299.
OAC 340:110-3-49.7 is revoked and repositioned to OAC 340:110-3-279.
PART 14. REQUIREMENTS FOR SCHOOL-AGE PROGRAMS
OAC 340:110-3-220 is revoked because language is found in Section 401 et seq. of Title 10 of the Oklahoma Statutes.
OAC 340:110-3-221 is revoked and repositioned to OAC 340:110-3-275.
OAC 340:110-3-222 is revoked and repositioned to OAC 340:110-3-276.
OAC 340:110-3-223 is revoked and repositioned to OAC 340:110-3-277.
OAC 340:110-3-224 is revoked and repositioned to OAC 340:110-3-278.
OAC 340:110-3-225 is revoked and repositioned to OAC 340:110-3-281.2.
OAC 340:110-3-226 is revoked and repositioned to OAC 340:110-3-284.
OAC 340:110-3-227 is revoked and repositioned to OAC 340:110-3-287.
OAC 340:110-3-228 is revoked and repositioned to OAC 340:110-3-293.
OAC 340:110-3-229 is revoked and repositioned to OAC 340:110-3-300.
OAC 340:110-3-230 is revoked and repositioned to OAC 340:110-3-302.
OAC 340:110-3-231 is revoked and repositioned to OAC 340:110-3-301.
OAC 340:110-3-232 is revoked and repositioned to OAC 340:110-3-290.
OAC 340:110-3-233 is revoked and repositioned to OAC 340:110-3-281.4.
OAC 340:110-3-234 is revoked and repositioned to OAC 340:110-3-291.
OAC 340:110-3-235 is revoked and repositioned to OAC 340:110-3-286.
OAC 340:110-3-236 is revoked and repositioned to OAC 340:110-3-288.
OAC 340:110-3-237 is revoked and repositioned to OAC 340:110-3-294.
OAC 340:110-3-238 is revoked and repositioned to OAC 340:110-3-298.
OAC 340:110-3-239 is revoked and repositioned to OAC 340:110-3-305.
OAC 340:110-3-240 is revoked and repositioned to OAC 340:110-3-299.
OAC 340:110-3-241 is revoked and repositioned to OAC 340:110-3-279.
OAC 340:110-3-242 is revoked and repositioned to OAC 340:110-3-307.
Part 15. Requirements for Child Care Centers, Day Camps, Drop-In Programs, Out-of-School Time Programs, Part-Day Programs, and Programs for Sick Children
OAC 340:110-3-275 is issued for requirement language pertaining to definitions.Revisions include the definitions for:(1) day camp programs to clarify use of outdoor areas; (2) out-of-school-time programs (formerly identified as school-age programs) to include children in public school pre-K programs; and (3) specialized services professional.A new definition of the age of infants for part-day programs was added and revisions to language clarifying current licensing enforcement were made.
OAC 340:110-3-276 is issued for requirement language pertaining to necessity, issuance, and maintenance of a permit or license.Revisions include the owner and director’s knowledge of a rights and responsibilities publication.Revisions to language also clarify current licensing enforcement.
OAC 340:110-3-277 is issued for requirement language pertaining to other business, shared facility, and collaborations.Revisions reflect requirements for alternate play areas and collaborations.Revisions to language also clarify current licensing enforcement.
OAC 340:110-3-278 is issued for requirement language pertaining to policy.Revisions include additional topics for program policy, personnel and volunteer policies.Revisions also include language for policy for child care center, drop-in, centers caring for sick children, and part-day programs.Revisions to language also clarify current licensing enforcement.
OAC 340:110-3-279 is issued for requirement language pertaining to emergency preparedness.Revisions include emergency plans, procedures, drills, and reviews.Revisions also include specifics for shelter-in place, lock down, and relocation plans and procedures.Other revisions include telephones required in vehicles and with off-site activities, first aid kit supplies, emergency supply kits, carbon monoxide alarm testing, and monthly tornado drills.Revisions include language for part-day, out-of-school time and day camp programs.Revisions to language also clarify current licensing enforcement.
OAC 340:110-3-280 is issued for requirement language pertaining to reporting. Revisions reflect additional situations that need to be reported to licensing and parents.Illnesses and diseases needing prompt or next business day reporting to the Oklahoma State Department of Health were clarified.Revisions include language for part-day, out-of-school time, and day camp programs.Revisions to language also clarify current licensing enforcement.
OAC 340:110-3-281 is issued for requirement language pertaining to general records and documentation.Revisions clarify requirements for storage and maintenance of program records, clarify confidentiality of children’s records, and revisions allow for provisions of electronic methods for maintenance of records and documentation.Revisions also require DHS forms not be altered unless specified otherwise.Revisions to language also clarify current licensing enforcement.
OAC 340:110-3-281.1 is issued to for requirement language pertaining to posted records and documentation.Revisions clarify location of specific posting of program records and needed information.Additional posting requirements include DHS Star certificate, personnel in charge, children's allergies, micro-wave warnings, hand washing and diaper changing procedures, and emergency information.Revisions to language also include part-day, out-of-school time, and day camp programs.Revisions to language also clarify current licensing enforcement.
OAC 340:110-3-281.2 is issued for requirement language pertaining to program records and documentation.Revisions require specific documentation of program records.Revisions also include contents of the program’s compliance file, emergency preparedness information, animal rabies vaccinations, Psittacosis tests, injury and poison exposure log information, a physical environment checklist, and child passenger safety checks.Revisions to language also clarify current licensing enforcement.
OAC 340:110-3-281.3 is issued for requirement language pertaining to personnel and non-personnel records and documentation.Revisions require specific personnel and non-personnel records, and documentation and maintenance of records.Revisions include personnel records being available to licensing by close of the next licensing business day, maintenance of a professional development plan, and professional development verification submitted to the Oklahoma Professional Development Registry.Higher risk qualifications and volunteer records are to be maintained for 120-calendar days.Revisions include language for part-day, out-of-school time, and day camp programs.Revisions to language also clarify current licensing enforcement.
OAC 340:110-3-281.4 is issued for requirement language pertaining to child records and documentation.Revisions require specifics regarding child records and documentation.Revisions include information required for verbal authorization of a child to be picked-up, special service professional permission, food reward exception plan, and medication permission.Other revisions include records for infant safe sleep environment, transportation, field trip permissions, and children’s swimming skills statement provided by parents.Revisions include language for part-day programs.Revisions to language also clarify current licensing enforcement.
OAC 340:110-3-282 is issued for requirement language pertaining to background investigations.Revisions to language also clarify current licensing enforcement.
OAC 340:110-3-283 is issued for requirement language pertaining to prohibited individuals.Revisions to language also clarify current licensing enforcement.
OAC 340:110-3-284 is issued for requirement language pertaining to general qualifications, responsibilities, and professional development.Revisions include obtaining and maintaining an Oklahoma Professional Development Ladder certificate and development of professional development plans.Revisions to orientation topics include mandatory disease reporting, diaper changing, and infant safe sleep practices.Directors and required number of master teachers needs certification in cardiopulmonary resuscitation and first aid.Revisions also include new definitions for formal and informal professional development; and reading and television programs no longer count toward training.Revisions allow three months for personnel to receive child passenger safety training when trained personnel are no longer employed.Additional orientation topics are revised for part-day, out-of-school time, and day camp programs; and infection control is required annually for part-day programs.Revisions to language also include part-day, out-of-school time, and day camp programs.Revisions to language also clarify current licensing enforcement.
OAC 340:110-3-284.1 is issued for requirement language pertaining to director and personnel in charge.Revisions include director qualifications regarding limitations of serving as a director or master teacher at another program with concurrent operating hours and part-day requirements for a director being present at the program.Revisions also include registering the program on the Oklahoma Professional Development Registry, completing a compliance review of licensing requirements, and the age of personnel in charge increased to 21 years of age.Revisions to language also include part-day programs.Revisions to language also clarify current licensing enforcement.
OAC 340:110-3-284.2 is issued for requirement language pertaining to teaching personnel.Revisions require teaching personnel to have and maintain an Oklahoma Professional Development Ladder certificate, require specific hours for Master teachers to be present at a program, limit the number of months for assistant teachers to obtain a GED, and limit them from being solely responsible with children during a high risk activity, and revisions to substitute professional development timeframes.Revisions also include out-of-school time and day camp with regard to assistant teacher limitations and revisions for substitutes for part-day, out-of-school time, and day camps.Revisions to language also clarify current licensing enforcement.
OAC 340:110-3-284.3 is issued for requirement language pertaining to support personnel.Revisions include requirements for support personnel to include food service training from an approved source and child passenger safety information to be received by program personnel.Revisions include language for part-day, out- of-school time, and day camp programs.Revisions to language also clarify current licensing enforcement.
OAC 340:110-3-284.4 is issued for requirement language pertaining to other personnel, non-personnel, specialized service professionals, and volunteers.Revisions to language also clarify current licensing enforcement.
OAC 340:110-3-285 is issued for requirement language pertaining to licensed capacity.Revisions to language also clarify current licensing enforcement.
OAC 340:110-3-286 is issued for requirement language pertaining to child-staff ratio and group sizes.Revisions include staff ratio during rest time when groups of children are combined.Revisions also include language for classrooms for part-day, out-of-school time, and day camp programs.Revisions to language also clarify current licensing enforcement.
OAC 340:110-3-287 is issued for requirement language pertaining to supervision.Revisions include additional exceptions to supervision requirements of 6 year olds and older under specific circumstances and notifying parents when a child is not present at a school to be picked up by the program.Revisions also included language for supervision for part-day, out-of-school time, day camp, and drop-in programs.Revisions to language also clarify current licensing enforcement.
OAC 340:110-3-288 is issued for requirement language pertaining to discipline.Revisions include time-out practices only being used for children 2 years of age and older and categories of inappropriate discipline expanded to include punishment associated with homework, denying outdoor play and food reward practices unless a food reward exception plan applies.Revisions also included language for discipline for part-day, out-of-school time, day camp, centers caring for sick children, and drop-in programs.Revisions to language also clarify current licensing enforcement.
OAC 340:110-3-289 is issued for requirement language pertaining to learning program principles.Revisions included language for daily classroom schedules, transition time, lesson plans, reading to children 15 minutes a day, teacher-led physical activities, and five required interest areas for children 2 years of age and older.Revisions also include safety of children with Internet use, prohibiting screen time when all children are 1 year old or younger and limitation of screen time for other aged children and program personnel; however, language allows for special exceptions under specific circumstances.Revisions also include 20-minute rotation of 1 year olds and younger in play equipment.Revisions also included language for learning program principles for part-day, out-of-school time, and day camp programs.Revisions to language also clarify current licensing enforcement.
OAC 340:110-3-290 is issued for requirement language pertaining to higher risk activities.Revisions include this category for part-day programs.Revisions to language also clarify current licensing enforcement.
OAC 340:110-3-291 is issued for requirement language pertaining to water activities.Revisions include language for water features with an approved safety and supervision plan, clarifying sprayground activities, restrictions for wading, supervision, parent statement regarding child's swimming skills, and life jackets to be worn by personnel when boating.Revisions also included language for water activities for part-day programs.Revisions to language also clarify current licensing enforcement.
OAC 340:110-3-292 is issued for requirement language pertaining to animals.Revisions include animals that are prohibited and inaccessible, Psittacosis testing, children's health practices when having contact with a potential Salmonella bacteria carrying animal, general animal health, increased health practices with regard to hand washing, cleaning of animal feeding containers, and visiting animal exhibits.Revisions also included language for animals for part-day programs.Revisions to language also clarify current licensing enforcement.
OAC 340:110-3-293 is issued for requirement language pertaining to parent communication and family engagement. Revisions include language for parent resources that are provided electronically and two parent activities or special events (if this method is chosen by program) are offered every 12 months.Revisions to language also clarify current licensing enforcement.
OAC 340:110-3-294 is issued for requirement language pertaining to health protection and disease control.Revisions include posting of hand washing procedures, allowing for hand sanitizer under specific circumstances, use of thermometers, allowing programs to develop and follow a head-lice separation and exclusion, sun safety and sunscreen policy, requirements for tobacco-free environment, and restrictions for programs in residences.Revisions to language also clarify current licensing enforcement.
OAC 340:110-3-295 is issued for requirement language pertaining to medication.Revisions include medication only being administered by designated personnel, labeling and storing of medications, and accessibility of life-threatening condition medications.Revisions to language also clarify current licensing enforcement.
OAC 340:110-3-296 is issued for requirement language pertaining to rest time. Revisions include infant safe sleep environment, swaddling, prohibition of blankets, prohibiting play equipment in cribs, and restrictions for mobiles.Revisions also included language for rest time for part-day, out-of-school time, and day camp programs.Revisions to language also clarify current licensing enforcement.
OAC 340:110-3-297 is issued for requirement language pertaining to diapering and toileting.Revisions include requirements for procedures for diaper changing, diaper changing areas and sinks, alternate diaper changing areas, and potty chairs.Revisions also included language for diapering and toileting for part-day programs.Revisions to language also clarify current licensing enforcement.
OAC 340:110-3-298 is issued for requirement language pertaining to nutrition.Revisions include the addition of snacks meeting current Child and Adult Care Food Program (CACFP) guidelines that includes milk and fruit juice.Sweetened and caffeinated drinks are not provided by the program; however, language allows for special occasions.Language clarifies requirements when parents provide food for their child or other children in the program.Revisions also include foods eaten by personnel (in front of children) meet CACFP guidelines, overfeeding of children, additional types of chokeable foods, and breast milk storage and preparation requirements.Revisions also included language for nutrition for part-day programs. Revisions to language also clarify current licensing enforcement.
OAC 340:110-3-299 is issued for requirement language pertaining to food service.Revisions include allowing for approved food sources to include farmers' markets and gardens.Language was revised with regard to food service health and safety relating to food storage and preparation temperatures, bare-hand contact, microwave use, and storage of poisonous and toxic materials.Revisions also included needed quantity of food contact items and location of thermometer in the refrigerator.Revisions also included language for food service for part-day, out-of-school time, and day camp programs. Revisions to language also clarify current licensing enforcement.
OAC 340:110-3-300 is issued for requirement language pertaining to the physical facility.Revisions include language to allow for portable heaters, required water supply testing, hand washing sinks in classrooms with diaper changing, restrictions of portable sinks, marking of windows and doors, screens on exterior doors and windows, and carbon monoxide alarms. Revisions also included language for physical facility for part-day, out-of-school time, day camp, and centers caring for sick children programs.Revisions to language also clarify current licensing enforcement.
OAC 340:110-3-301 is issued for requirement language pertaining to indoor and outdoor play areas.Revisions include infant room square footage, use of basements, use zone requirements, and approval of loose fill materials.Revisions also included language for indoor and outdoor areas for part-day, out-of school-time, and day camp programs.Revisions to language also clarify current licensing enforcement.
OAC 340:110-3-302 is issued for requirement language pertaining to equipment. Revisions include annual equipment inventory conducted by programs, prohibitions of play yards with new programs, and when replacing sleeping equipment and additional requirements for prohibited equipment.Revisions also included language for equipment for part-day, out-of-school time, and day camp programs. Revisions to language also clarify current licensing enforcement.
OAC 340:110-3-303 is issued for requirement language pertaining to hazards. Revisions include children’s health and safety regarding pest control applications, storage of weapons and ammunition, and accessibility of stairways for children 1 year of age and younger.Revisions also included language for hazards for part-day, out-of-school time, and day camp programs.Revisions to language also clarify current licensing enforcement.
OAC 340:110-3-304 is issued for requirement language pertaining to cleanliness and sanitation.Revisions include use of approved sanitizers and disinfectants. Revisions also included language for cleanliness and sanitation for part-day, out-of-school time, and day camp programs.Revisions to language also clarify current licensing enforcement.
OAC 340:110-3-305 is issued for requirement language pertaining to transportation.Revisions include children sitting in back seats and bus exemptions regarding child passenger restraints.Revisions also included language for transportation for part-day, out-of-school time, and day camp programs.Revisions to language also clarify current licensing enforcement.
OAC 340:110-3-306 is issued for requirement language pertaining to requirements for child care centers.Language addresses exemptions or additional requirements to language in OAC 340:110-3-275 through 340:110-3-305.Revisions to language also clarify current licensing enforcement.
OAC 340:110-3-307 is issued for requirement language pertaining to requirements for day camps.Language addresses exemptions or additional requirements to language in OAC 340:110-3-275 through 340:110-3-305. Revisions to language also clarify current licensing enforcement.
OAC 340:110-3-308 is issued for requirement language pertaining to requirements for drop-in programs.Language addresses exemptions or additional requirements to language in OAC 340:110-3-275 through 340:110-3-305.Revisions to language also clarify current licensing enforcement.
OAC 340:110-3-309 is issued for requirement language pertaining to requirements for out-of-school time programs.Language addresses exemptions or additional requirements to language in OAC 340:110-3-275 through 340:110-3-305.Revisions to language also clarify current licensing enforcement.
OAC 340:110-3-310 is issued for requirement language pertaining to requirements for part-day programs.Language addresses exemptions or additional requirements to language in OAC 340:110-3-275 through 340:110-3-305.Revisions to language also clarify current licensing enforcement.
OAC 340:110-3-311 is issued for requirement language pertaining to requirements for programs for sick children.Language addresses exemptions or additional requirements to language in OAC 340:110-3-275 through 340:110-3-305.Revisions to language also clarify current licensing enforcement.
OAC 340:110 APPENDIX EE. OKLAHOMA DIRECTOR'S CREDENTIAL is created to provide criteria for the Oklahoma Director's Credential.
OAC 340:110 APPENDIX FF. OKLAHOMA PROFESSIONAL DEVELOPMENT LADDER is created to provide information regarding the various levels of professional development.
OAC 340:110 APPENDIX GG. RATIOS AND GROUP SIZES is created to provide requirements for child care programs regarding staff to child ratios.
OAC 340:110 APPENDIX HH.HAND HYGIENE is created to provide requirements regarding hand washing and use of hand sanitizer.
OAC 340:110 APPENDIX II.IMMUNIZATIONS is created to provide requirements for children's immunization schedule.
OAC 340:110 APPENDIX JJ.EXCLUSION CRITERIA FOR CHILDREN WHO ARE ILL is created to provide exclusion criteria for child care programs regarding children who are ill.
OAC 340:110 APPENDIX KK.DIPAER CHANGING PROCEDURES is created to provide requirements for diaper changing procedures for child care programs.
OAC 340:110 APPENDIX LL.MEAL AND SNACK PATTERNS is created to provide nutritional requirements for child care programs as adapted from the Child and Adult Care Food Program Minimum Meal Requirements.
OAC 340:110 APPENDIX MM.EQUIPMENT is created to provide requirements regarding basic, indoor, outdoor, and play equipment for child care programs.
OAC 340:110 APPENDIX NN.CLEANERS, SANITIZERS, AND DISINFECTANTS is created to provide requirements for child care programs regarding use of cleaners, sanitizers, and disinfectants.
Reasons.
A revision subcommittee was formed in 2008 to revise licensing requirements for school-age programs.This subcommittee recommended the combination of licensing requirements for all center-based child care requirements to the Child Care Advisory Committee (CCAC).This recommendation was based on program requirements being more similar than different and would result in more efficiency and consistency for programs and DHS Child Care Services.The combination of requirements was approved by CCAC.
A child care facility revision subcommittee was formed in 2009 to draft proposed licensing requirements and was comprised of a majority of child care providers.The subcommittee included representatives from child care centers, drop-in, centers caring for sick children, part-day, school-age, and day camp programs.Other representatives included Head Start, tribal child care, professional development, the Oklahoma State Department of Health, the Oklahoma State Department of Education, and DHS Child Care Services.
The subcommittee met monthly to develop proposed licensing requirements. Consultation and approval was received from the Oklahoma State Department of Health and the Office of State Fire Marshall.Consultation was received from the State Public Health Veterinarian, the State Epidemiology program, and the Child and Adult Care Food Program.Addendum groups were also formed with subcommittee members and additional facility representatives from child care centers, drop-in, centers caring for sick children, part-day, school-age, and day camps programs.These addendum groups reviewed the proposed language and developed addendum requirement language allowing for exceptions to the common requirements and or additional requirements.
On September 21, 2012, CCAC approved the proposed requirements for release for public comment.Public comments were received via an on-line public survey and four public hearings were held across the state.The subcommittee considered public comments and revised proposed requirements.On November 28, 2012, CCAC reviewed the proposed requirements; however, the requirements were returned to the subcommittee to finalize pending language.The subcommittee met to revise pending language and presented the proposed requirements to CCAC on March 13, 2013. CCAC unanimously approved the proposed licensing requirements. The requested proposed effective date is January 1, 2016.
Repercussions.
If the proposed revisions are not implemented negative repercussions could occur as amendments improve the quality of care children receive in licensed child care programs.
Legal authority.Director of Human Services; Section 162 of Title 56 of the Oklahoma Statues (O.S. 56 § 162); and 10 O.S. § 404, and the Oklahoma Child Care Facilities Licensing Act.
Permanent rulemaking approval is requested.Emergency rulemaking was approved by the Governor on June 4, 2015.Emergency rulemaking was requested to protect the health, safety, and welfare of children in child care.If the rules are not approved as an emergency:(1) improved communication with parents and child care programs and personnel will not occur; (2) child abuse and neglect reporting for residential licensing programs will not align with current Pinnacle Plan requirements; (3) improved, developmentally appropriate learning environments will not be available to the children; (4) the needs of children and families currently served by school-age programs will not be accurately reflected without aligning the age of children in the public school setting; (5) programs would not benefit from streamlined process and thus encourage them to participate in increased reimbursements rates for providing care for children with disabilities; (6) improvement of the consistency of the enforcement of division policy and procedure would not occur; and (7) needed clarification and interpretation of licensing requirements would not occur.
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 centers, drop-in, centers caring for sick children, part-day, school-age, and day camp programs, parents utilizing licensed child care, children in care at licensed facilities, and child care services licensing staff.Costs associated with the proposed rules depends on program services.Refer to fiscal impact statement.
C.A description of the classes of persons who will benefit from the proposed rule:The classes of persons most likely to be affected by the proposed rules are licensed child care centers, drop-in, centers caring for sick children, part-day, school-age, and day camp programs, 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:Anticipated fiscal impact information is provided on the fiscal impact statement.Fee changes are not requested.
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 centers, drop-in, centers caring for sick children, part-day, school-age, and day camp programs, parents utilizing licensed child care, children in care at licensed facilities, and child care services licensing staff.Costs associated with amendments to the requirements depend on program services.Refer to the fiscal impact statement for an overview of potential child care industry costs estimated at $20,000.Anticipated printing and mailing costs for the revised licensing requirement books, for over 1700 child care facilities, is $7100.Training costs for Child Care Services staff is anticipated to be minimal because this is provided by State Office programs 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:Implementation of the proposed rules will have a positive impact on the health, safety, and welfare of children receiving child care in licensed facilities.Licensed child care facilities will benefit from the proposed rules as enforcement of licensing practices is clarified and services provided to families and children are enhanced.
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.Anticipated fiscal impact information is available on the fiscal impact statement.
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:The proposed rules represent improved child care licensing requirements developed by a subcommittee comprised of a majority of child care providers.The subcommittee considered the impact of the proposed rules on the child care industry while improving the quality of care children receive in licensed facilities.There are no less costly nor nonregulatory methods to achieve the purpose of the proposed rules.
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:The proposed rules provide an improved quality of care for children to receive in those child care programs affected by the changes to the requirements.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented: The proposed rules provide increased requirements for child care programs to improve the quality of care children will receive in child care programs affected by the changes to the requirements.
K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared June 2, 2014; modified January 16, 2015; modified May 18, 2015; modified January 20, 2016.
