Unlicensed Care Gets Warning From State - Law Expands Emergency Order Power Nov. 1

OKLAHOMA CAPITOL -- Unlicensed childcare facilities operating in Oklahoma will no longer be tolerated when a change in the state law goes into effect Nov. 1.
When Gov. Brad Henry signed House Bill 2643 into law June 2, it expanded the use of an emergency order to close any unlicensed child care facility operating in Oklahoma that is not in compliance with mandated child care licensing requirements.

Prior to HB-2643, an emergency order could only be used to close a licensed child care facility for being out of compliance with state requirements. The law now gives Oklahoma Child Care Services (OCCS) the authority to act on unlicensed child care.

“While we do not believe the majority of people provide unlicensed child care to violate the law, it is illegal, and the new law gives us the authority to act when such operations are brought to our attention,” said OKDHS Child Care Services State Licensing Coordinator Janice Matthews.

Some states have seen a surge in unlicensed child care as the economy tightens on working families across the country. Oklahoma’s legislative action last session is an attempt to get ahead of any possible surge occurring in Oklahoma.

“The Child Care Facilities Licensing Act of 1963, states that anyone who provides care to children must be licensed in Oklahoma,” Matthews said. “The amendment of this Act strengthens the original intentions.

“We know unlicensed childcare is attractive to some parents because it can be less expensive. At the same time, unregulated care can be more dangerous for children in care because providers may not be meeting the minimum health and safety requirements that are in place.  Parents need to understand unlicensed facilities are illegal in Oklahoma.”

This is also a notice for parents who will be inconvenienced by having to leave their jobs to remove the children from the unlicensed facility.  Additional time could also be lost from work while parents try to locate a licensed program at the last minute.

Oklahoma Department of Human Services OCCS does not want the new law to be a hardship for parents but are mandated by law to enforce the closure of unlicensed care. Facilities currently providing child care without a license can contact the local OKDHS Human Services Center in their area before Nov. 1 to begin the process to become licensed.

After Nov. 1, when found, these unlicensed facilities will be closed immediately, and if they fail to cooperate with OCCS, law enforcement officers are now authorized to issue a citation of up to $500 per day for each day they continue providing care in violation of state law.

For additional information on Oklahoma Child Care Licensing go to: www.okdhs.org/childcare​​.

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