Rule Impact Statement
To: Programs administrator
Legal Services - Policy
From: Jaesha Quarrels
Director of Child Care Services
Date: July 9, 2025
Re: CHAPTER 110. LICENSING SERVICES
Subchapter 1. General Provisions
Part 1. Licensing Services - Child Care
340:110-1-8.1 [AMENDED]
340:110-1-8.3 [AMENDED]
340:110-1-9 [AMENDED]
340:110-1-10.1 [AMENDED]
Subchapter 3. Licensing Standards for Child Care Facilities
Part 5. Requirements for Family Child Care Homes and Large Family Child Care Homes
340:110-3-85 [AMENDED]
340:110-3-97.1 [AMENDED]
Part 9. Requirements for Residential Child Care Facilities
340:110-3-153 [AMENDED]
340:110-3-153.1 [AMENDED]
340:110-3-154 [AMENDED]
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
340:110-3-282 [AMENDED]
340:110-3-283 [AMENDED]
340:110-3-284 [AMENDED]
340:110-3-284.2 [AMENDED]
Subchapter 5. Requirements for Child-Placing Agencies
Part 1 Requirements for Child-Placing Agencies.
340:110-5-7 [AMENDED]
340:110-5-8 [AMENDED]
Appendix II. Immunizations [REVOKED]
Appendix II. Immunizations [NEW]
(Reference WF 26-110)
Contact: Mitzi Lee, Programs Manager III, 405-202-7449
A. Brief description of the purpose of the proposed rule:
(i) Purpose.
Proposed amendments to Chapter 110, Subchapter 1, Part 1 amend Oklahoma Human Services (OKDHS) Child Care Services (CCS) policy for child care Licensing staff by amending processes for background investigations, Quality Rating and Improvement Systems (QRIS), case management procedures, and Restricted Registry processes.
Proposed amendments to Chapter 110, Subchapter 3, Part 5 amend Licensing requirements for family child care homes and large family child care homes.
Proposed amendments to Chapter 110, Subchapter 3, Part 9 amend Licensing requirements for residential child care facilities.
Proposed amendments to Chapter 110, Subchapter 3, Part 15 amend Licensing requirements for child care centers, day camps, drop-in, out-of-school time, part-day and programs caring for ill children.
Proposed amendments to Chapter 110, Subchapter 5, Part 1 amend Licensing requirements for child-placing agencies.
Proposed amendments to Chapter 110, Subchapter 3, Part 5 and 15 amend Licensing requirements for child care center-based programs and family child care homes for required federal Licensing requirement compliance from the Child Care Development Block Grant (CCDBG) related to on-going substitute and caregiver professional development.
CCS met with OKDHS Office of Background Investigations for proposed amendments to Licensing requirements regarding background investigations, Restricted Registry, and CCS processes and procedures. The proposed amendments clarify background investigations regarding registry and child abuse and neglect searches that are currently conducted.
A summary of proposed rule revisions and Licensing requirements was presented to the Child Care Advisory Committee.
CCS collaborated with Oklahoma State Department of Health (OSDH) for amendments to Appendix II. Immunizations to reflect OSDH online request for immunization exemptions and revised required vaccine brand names and abbreviations.
(I) Rule classification
The proposed amendments are classified as non-major rules as they will not exceed one million dollars over the initial five-year period following the promulgation of the proposed rule. The total cost of annual implementation and compliance is estimated to be $846,075 over five years.
(II) A determination whether the proposed rule is mandated by federal law, or as a requirement for participation in or implementation of a federally subsidized or assisted program.
OKDHS CCS administers federal funding of the CCDBG for Oklahoma. CCS is required to meet federal requirements, per Section 98.42(b)(2)(i)(B) of Title 45 of the Code of Federal Register (45 C. F.R. § 98.42(b)(2)(i)(B)), regarding assistant and substitute caregiver professional development. Proposed amendments to those rules relate to federal rule compliance.
Proposed revisions to other rules assist with needed clarification to ensure consistent understanding and enforcement of Licensing requirements and CCS procedures.
(III) A determination whether the proposed rule exceeds the requirements of the applicable federal law.
All of the proposed amendments are not fully required by federal law, but OKDHS has not exceeded its legal authority. Per the Oklahoma Child Care Facilities Licensing Act, Section Title 10 of the Oklahoma Statutes (10 O.S. § 401 and 403), OKDHS is required to develop minimum standards and issue child care licenses based on minimum standards relating to child care center-based programs, family child care homes, residential facilities, and child-placing agencies.
Proposed amendments reflect annual safe sleep training. While not federally required, this will assist in ensuring further health and safety of Oklahoma’s infants and also potentially reduce the number of serious non-compliances related to safe sleep environments.
Currently, per OAC 340:110-3-284, personnel caring for infants in center-based programs are required to obtain safe sleep training prior to caring for infants. Per OAC 340:110-3-85, primary caregivers and individuals caring for infants alone in a family child care home environment are required to obtain safe sleep training prior to caring for infants. Between January 1, 2024 and June 30, 2025, there were 276 serious non-compliances documented in licensed facilities related to safe sleep environments.
Proposed amendments requiring this training for all individuals caring for infants in a family child care home will further ensure safe environment. Additionally, requiring this training annually will help support the continuing education and thus potentially reduce serious non-compliances for related safe sleep Licensing requirements and improve health and safety of Oklahoma infants.
(IV) A summary and preliminary comparison of any existing or proposed federal regulations that are intended to address the activities to be regulated by the proposed rule.
OKDHS CCS administers federal funding of the CCDBG for Oklahoma. CCS is required to meet federal requirements, per 45 C.F.R. § 98.42(b)(2)(i)(B), regarding assistant and substitute caregiver professional development. Proposed amendments to those rules relate to federal rule compliance.
Proposed amendments reflect annual safe sleep training. While not federally required, this will assist in ensuring further health and safety of Oklahoma’s infants and also potentially reduce the number of serious non-compliances related to safe sleep environments. Between January 1, 2024 and June 30, 2025, there were 276 serious non-compliances documented in licensed facilities related to safe sleep environments.
(ii). Strategic Plan Impact.
The proposed amendments achieve OKDHS goals by continuously improving systems and processes impacting Licensing requirements for family child care homes and large family child care homes, child care center-based programs, residential facilities, child-placing agencies, and CCS policy for licensed child care programs, residential facilities, child-placing agencies, and CCS staff.
(iii). Substantive changes.
Part 1. Licensing Services - Child Care
Oklahoma Administrative Code (OAC) 340:110-1-8.1 is amended to: (1) clarify the criminal history restriction waiver process for licensed programs and child-placing agencies; (2) specify individuals requiring OKDHS database and docket searches; (3) provide an updated definition for Record of Arrest and Prosecution (RAP) Back; and (4) align CCS terminology.
OAC 340:110-1-8.3 is amended to reflect: (1) QRIS pre-certification visits are not required for three-star programs meeting criteria with accreditation or Head Start Performance Standard compliance; (2) programs have 30-program business day to replace master teachers or identify probationary master teachers; and (3) alignment of CCS terminology.
OAC 340:110-1-9 is amended to clarify proper communication procedures between Licensing staff and QRIS quality specialists regarding: (1) program changes for addresses, master teacher and probationary master teachers, primary caregivers, program names, ownership, and inactive program status; and (2) notifications of imminent risk of harm incidents observed during QRIS monitoring. Amendments also align CCS terminology.
OAC 340:110-1-10.1 is amended to: (1) reflect Restricted Registry searches for new program personnel is verified by Licensing; (2) clarify process for receiving restricted registry referral information; (3) clarify Restricted Registry Review Committee members; and (4) reflect proper notice for Restricted Registry notification.
Part 5. Requirements for Family Child Care Homes and Large Family Child Care Homes
OAC 340:110-3-85 is amended to: (1) reflect assistant caregivers obtain and maintain a Level 1 or higher Oklahoma Professional Development Ladder (OPDL) certificate; (2) clarify caregivers cooperate with OKDHS staff; (3) remove unnecessary time frame language; (4) clarify all primary caregiver references are non-relative; (5) identify specific registry checks and abuse and neglect background searches currently being conducted; (6) clarify abuse or neglect confirmations or substantiations are considered when evaluating children’s safety and well-being; (7) reflect primary caregivers register as a direct care organization when assistant caregivers are employed; (8) clarify all caregivers obtain health and safety training prior to caring for children; (9) reflect safe sleep training is to be obtained by all caregivers prior to caring for infants and also obtained every 12 months when caring for infants; (10) reflect when substitute caregivers provide more than a total 80 hours of care, at least six hours of formal or informal professional development is obtained annually; and (11) align CCS terminology.
OAC 340:110-3-97.1 is amended to: (1) clarify OPDL for assistant caregivers; (2) reflect the language addressing professional development for all assistant caregivers is no longer necessary as it is reflected in OAC 340:110-3-85; and (3) align CCS terminology.
Part 9. Requirements for Residential Child Care Facilities
OAC 340:110-3-153 is amended to reflect: (1) documentation from certified public accountant verifying sufficient funds is submitted to Licensing prior to program permit issuance; and (2) alignment of CCS terminology.
OAC 340:110-3-153.1 is amended to: (1) reflect dated personnel references; (2) identify specific registry checks and abuse and neglect background searches currently being conducted; (3) clarify abuse or neglect confirmations or substantiations are considered when evaluating children’s safety and well-being; and (4) reflect alignment of CCS terminology.
OAC 340:110-3-154 is amended to reflect: (1) residential programs do not admit individuals 18 years of age and older; (2) alignment of service completion age with resident admission age; (3) medication or medication prescriptions supplied to residents upon discharge; (4) resident records include medication provided upon discharge; and (5) alignment of CCS terminology.
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 340:110-3-282 is amended to reflect: (1) language identifying specific registry checks is now reflected in OAC 340:110-3-283; and (4) alignment of CCS terminology.
OAC 340:110-3-283 is amended to: (1) identify specific registry checks and abuse and neglect background searches currently being conducted; (2) clarify abuse or neglect confirmations or substantiations are considered when evaluating children’s safety and well-being; and (3) reflect alignment of CCS terminology.
OAC 340:110-3-284 is amended to reflect when caring for infants safe sleep training is also required every 12 months.
OAC 340:110-3-284.2 is amended to reflect: (1) programs have 30-program business days to replace master teachers or identify probationary master teachers; and (2) substitutes obtain professional development orientation within three months of employment.
Part 1 Requirements for Child-Placing Agencies.
OAC 340:110-5-7 is amended to reflect: (1) documentation from certified public accountant verifying sufficient funds is submitted to Licensing prior to program permit issuance; and (2) alignment of CCS terminology.
OAC 340:110-5-8 is amended to: (1) clarify child care personnel are 21 years of age; (2) identify specific registry checks and abuse and neglect background searches currently being conducted; (3) clarify abuse or neglect confirmations or substantiations are considered when evaluating children’s safety and well-being; and (4) reflect alignment of CCS terminology.
Appendix II. Immunizations is amended to reflect OSDH online request for immunization exemptions and revise required vaccine brand names and abbreviations.
(iv). Reasons.
Chapter 110, Subchapter 1, Part 1. The proposed amendments address needed clarifications of CCS Licensing policy practice and procedures regarding background investigations, QRIS, case management procedures, and Restricted Registry processes. Amendments provide improved services for licensed child care programs, residential facilities, and child-placing agencies.
Subchapter 3, Part 5 amends Licensing requirements for family child care homes and large family child care homes. Amendments reflect necessary Licensing revisions for CCS to meet federal compliance for professional development for assistant and substitute caregivers as required by CCDBG. Infant health and safety is also impacted by improved safe sleep professional development requirements. Amendments provide needed clarifications regarding cooperation with OKDHS, references, and background investigations for registry and child abuse and neglect searches.
Subchapter 3, Part 9 amend Licensing requirements for residential child care facilities. Amendments clarify documentation from certified public accountant verifying sufficient funds is submitted to Licensing prior to program permit issuance. Amendments provide needed clarifications regarding dated personnel references and background investigations for registry and child abuse and neglect searches. Amendments align resident admission age and service plan completion age. Amendments reflect medication or medication prescriptions supplied and medication information maintained upon resident discharge.
Subchapter 3, Part 15 amend Licensing requirements for child care centers, day camps, drop-in, out-of-school time, part-day and programs caring for ill children. Amendments reflect necessary Licensing revisions for CCS to meet federal compliance for professional development for substitute personnel as required by CCDBG. Amendments provide a 30-day time frame to replace master teachers or identify probationary master teachers. Infant health and safety is also impacted by requiring safe sleep training annually. Amendments provide needed clarifications regarding background investigations for registry and child abuse and neglect searches.
Subchapter 5, Part 1 amend Licensing requirements for child-placing agencies. Amendments clarify documentation from certified public accountant verifying sufficient funds is submitted to Licensing prior to program permit issuance. Amendments provide needed clarifications regarding age of child care personnel and background investigations for registry and child abuse and neglect searches.
Amendments to clarify and improve CCS rules and procedures impact: (1) family child care homes and large family child care homes; (2) child care centers; (3) day-camps; (4) drop-in programs; (5) out-of-school time programs; (6) part-day programs; (7) programs for sick children; (8) residential child care facilities; and (9) child-placing agencies.
(v). Repercussions.
Chapter 110, Subchapter 1, Part 1. The proposed amendments address necessary clarifications of CCS Licensing policy practice and procedures regarding: (1) background investigations; (2) QRIS; (3) case management procedures; and (4) Restricted Registry processes. Amendments improve services to licensed child care programs, residential facilities, and child-placing agencies.
Subchapter 3, Part 5 amend Licensing requirements for family child care homes and large family child care homes. Amendments address: (1) necessary revisions for CCDBG federal compliance regarding assistant and substitute professional development; (2) clarification regarding background investigations for registry and child abuse and neglect searches; (3) improved safe sleep professional development; and (4) needed clarifications regarding cooperation with OKDHS and references.
Subchapter 3, Part 9 amend Licensing requirements for residential facilities. Amendments address: (1) clarification regarding documentation from certified public accountant verifying sufficient funds is submitted to Licensing prior to program permit issuance; (2) clarification regarding dated personnel references; (3) clarification regarding background investigations for registry and child abuse and neglect searches; (4) alignment of resident admission age and service plan completion age; and (5) medication or medication prescriptions provided and information maintained upon resident discharge.
Subchapter 3, Part 15 amend Licensing requirements for child care centers, day camps, drop-in, out-of-school time, part-day and programs caring for ill children. Amendments address: (1) necessary revisions for CCDBG federal compliance regarding substitute professional development orientation; (2) clarification regarding background investigations for registry and child abuse and neglect searches; (3) improved safe sleep professional development; and (4) needed time frames for replacing master teachers and identifying probationary master teachers.
Subchapter 5, Part 1 amend Licensing requirements for child-placing agencies. Amendments address: (1) clarification regarding documentation from certified public accountant verifying sufficient funds is submitted to Licensing prior to program permit issuance; (2) clarification regarding age of child care personnel; and (3) clarification regarding background investigations for registry and child abuse and neglect searches.
(vi). Legal authority. Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes (56 O.S. § 162); 10 O.S. §§ 401, 404, 404.1, 405.3, 412, and 413 of the Oklahoma Child Care Facilities Licensing Act, and 45 C.F.R. § 98.42(b)(2)(i)(B).
(vii). Permanent rulemaking approval is requested.
B. A comprehensive analysis of the rule's economic impact on the Agency, including but not limited to, full-time employee count and any costs or benefits. The analysis includes a detailed explanation of the methodology and assumptions used to determine the economic impact, including, whenever possible, the dollar amounts calculated. The proposed amendments are not expected to have an economic impact on OKDHS, so no comprehensive analysis of impact is needed at this time. review this response because of program response to estimated cost in the Rule classification
C. A comprehensive analysis of the rule's economic impact outside the Agency, including a detailed quantification of implementation and compliance costs on the affected businesses, business sectors, public utility ratepayers, individuals, state or local government units, and on the state economy. The analysis includes a detailed explanation of the methodology and assumptions used to determine the economic impact, including, whenever possible, the dollar amounts calculated, as well as a list of fee changes with a separate justification for each fee change: The cost of $846,075 over five years was calculated by adding two estimates. The first estimate is the number of personnel in child care caring for infants and the average annual cost of $15 for safe sleep training. The required number of professional development hours is not increasing. Proposed amendments to require safe sleep training annually, when caring for infants, will count towards the currently required annual professional development hours. The second estimate is estimated number of assistants in small family child care homes that will be required by the proposed amendments to maintain professional development and the average cost of $25 for required annual training.
D. 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 amendments are CCS staff, licensed child care programs, residential child care facilities, child-placing agencies, and families and children utilizing licensed facilities, foster care, and residential care.
E. 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 amendments are CCS staff, licensed child care programs, residential child care facilities, child-placing agencies, and families and children utilizing licensed facilities, foster care, and residential care.
F. 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: These estimated costs are based on average costs of professional development. Free and low-cost options for professional development are also available. There are no increased costs to residential programs when providing prescriptions or prescribed medication as medication benefits are provided through governmental assistance programs.
G. 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: Proposed amendments provide: (1) improved professional development of assistant caregivers and substitutes; (2) improved health and safety for infants; (3) necessary clarifications for licensed child care programs, residential facilities and child-placing agencies; (4) improved consistency of Licensing requirement interpretation and enforcement; and (5) improved services for licensed child care programs, residential facilities, and child-placing agencies.
H. 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 proposed rules would have some economic impact on child care programs and family child care homes as annual safe sleep training would be required. To meet proposed required professional development hours, free or low cost training is available for the assistants and substitutes in family child care homes.
I. A description of any measure taken by the Agency to minimize the cost and impact of the proposed rule on business and economic development in this state, local government units of this state, and individuals: Some of the proposed amendments are required for federal compliance, and there are no other alternative methods. Failure to comply with federal rules could decrease the amount of federal funding received by Oklahoma and thus impact quality child care funding for disbursement to Oklahoma child care programs. Free and low-cost training is available to assist the industry in meeting the proposed rules. Through CCDBG funding, OKDHS supports professional development by contracting needed services for the industry.
J. 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 amendments: (1) provides necessary documentation verifying financial stability of residential programs and child-placing agencies; (2) improves health and safety for infants with regard to safe sleep practices; and (3) increases professional development of assistant caregivers and substitutes thereby improving quality of care.
K. A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented: If the proposed amendments are not implemented: (1) infant’s health and safety would be negatively impacted; (2) a resident’s health and medical care could be negatively impacted; (3) improved services for licensed child care programs, residential facilities and child-placing agencies could not occur; and (4) CCS rules and Licensing interpretation would not be clarified.
L. An analysis of alternatives to adopting the rule: There are no alternatives to adopting the proposed amendments. The proposed amendments are required to comply with federal rules. Other proposed amendments assist with clarification for licensed child care programs and CCS staff for consistent licensing requirement interpretation and enforcement. The proposed amendment for safe sleep would help ensure safer environments for infants, reducing related serious non-compliances.
M. Estimates of the amount of time that would be spent by state employees to develop the rule and of the amount of other resources that would be utilized to develop the rule: Estimated time for state employees to develop the proposed rules into licensing requirement publications and needed resources, train CCS staff, and update licensing databases is approximately six weeks.
N. The date the rule impact statement was prepared and, if modified, the date modified: Prepared July 9, 2025; modified; September 4, 2025
