Okla. Admin. Code § 340:110-1-17

Current through Vol. 42, No. 7, December 16, 2024

Section 340:110-1-17 - Child Care Advisory Committee bylaws

(a)Purpose. The Child Care Advisory Committee's (CCAC) purpose is to:

(1) carry out the provisions of the Oklahoma Child Care Facilities Licensing Act (Licensing Act), Section 404 of Title 10 of the Oklahoma Statutes (10 O.S. § 404) to:

(A) ensure minimum standards maintenance for children's care and protection away from their homes, including:

(i) constructive programs and services meeting each child's and family's needs;

(ii) personnel having good moral character and ability of caring for children;

(iii) adequate and safe housing, sanitation, and equipment;

(iv) good health care;

(v) full educational and religious opportunities;

(vi) good community relationships;

(vii) essential records and administrative methods; and

(viii) sufficient funds for sound operation;

(B) encourage and assist child care facilities toward maximum standards; and

(C) work for sufficient and adequate child care services development through public and private agency partnerships;

(2) recommend child care program minimum requirements and standards for Oklahoma Department of Human Services (DHS) rule promulgation. Rules are promulgated after consultation with:

(A) the Oklahoma State Department of Health (OSDH);

(B) the Oklahoma State Department of Education (OSDE);

(C) the Oklahoma State Bureau of Investigation (OSBI);

(D) the Office of the Oklahoma State Fire Marshal (OSFM);

(E) the Oklahoma Commission on Children and Youth (OCCY);

(F) the Oklahoma Department of Mental Health and Substance Abuse Services (ODMHSAS); and

(G) other agencies deemed necessary by DHS;

(3) serve in an advisory capacity to DHS for developing quality child care programs and services; and

(4) educate the public and consumers regarding quality child care.

(b)Function. The CCAC function is to:

(1) become informed of DHS programs and policies regarding children;

(2) express community's and the State of Oklahoma's needs and concerns relating to children's care and treatment; and

(3) express change recommendations , including minimum requirement revisions and encouraging child care maximum standards.

(c)Membership.

(1)Representation. CCAC provides names for consideration of new appointments and reappointments of members to the Child Care Services (CCS) director. The CCS director in consultation with the OCCY representative provides membership recommendations to the DHS Director. Members are appointed to serve at the pleasure of the DHS Director, based on child care expertise, experience, and leadership.

(A) CCAC, at a minimum, consists of 18 members.

(B) The majority are DHS-licensed program representatives.

(C) Other members include at least one representative from OSDH; OSDE; OSFM; tribal agencies; and CCS. These representatives are exempt from term limits.

(D) Other members include associations and agencies as recommended to the DHS Director, such as the Oklahoma Child Care Association, Oklahoma Children's Agencies and Residential Enterprises Incorporated (OK-CARE), ODMHSAS, OSBI, Oklahoma Association of Youth Services, Office of Juvenile Affairs, Early Childhood Association of Oklahoma, and Head Start.

(E) An OCCY representative serves as an ex-officio member.

(2)Terms of office.

(A) CCAC member terms are for three years with a two-consecutive-term limit.

(B) Members may be recommended for reappointment after completing the first office term.

(3)Officers. CCAC officers include chairperson, vice-chairperson, and secretary.

(A)Chairperson. The chairperson is responsible for:

(i) presiding over all meetings;

(ii) planning the meeting agenda, at least 14-calendar days in advance, in coordination with CCS;

(iii) appointing subcommittee members, in consultation with the CCS director and OCCY representative; and

(iv) serving as CCAC spokesperson.

(B)Vice-Chairperson. The vice-chairperson works closely with the chairperson, assumes chairperson responsibilities in his or her absence, and attends public hearings.

(C)Secretary. The secretary position is held by the CCS representative. The secretary is responsible for recording meeting minutes and providing them to members prior to the next meeting. A permanent copy of the minutes is maintained by CCS.

(4)Election of officers and terms of office.

(A) Upon office vacancy, the chairperson and vice-chairperson are elected by a majority member vote present during the next quarterly meeting following the office vacancy. Officers assume duties during the meeting when the election is held.

(B) Office terms are for one year. Officers may be elected to serve in one office for a maximum of three terms.

(5)Standing Subcommittees.

(A) Standing subcommittees expand child care operator opportunity to identify quality improvement resources, express industry concerns, and recommend issues for CCAC consideration.

(i) The chairpersons of four standing subcommittees are CCAC members and are appointed by CCAC chairperson. Standing subcommittees represent:

(I) family child care homes;

(II) child care centers, day camp, drop-in, out-of-school time, part-day programs, and programs for sick children;

(III) residential and child-placing agencies; and

(IV) the quality rating and improvement system (QRIS) program.

(ii) Standing subcommittee members are identified and recruited by the standing subcommittee chairpersons with CCS and OCCY consultation. Membership meets representation, per 10 O.S. § 404.

(iii) Standing subcommittees meet a minimum of twice annually.

(iv) The standing subcommittee chairperson provides a written report to CCAC, at least twice annually.

(v) CCS state office staff attends standing subcommittee meetings and serves as a resource.

(B) A standing membership subcommittee helps to ensure broad licensed program representation is included within CCAC. The OCCY representative serves on the standing membership subcommittee and consults with the CCS director identifying appropriate CCAC members.

(i) The standing membership subcommittee chairperson works closely with other CCAC officers and provides the standing membership subcommittee oversight.

(ii) The membership subcommittee meetings are held at least quarterly, prior to CCAC meetings.

(iii) The membership subcommittee chairperson provides a written quarterly report to CCAC.

(iv) The membership subcommittee recommends to CCAC:

(I) the names for new appointments;

(II) the re-appointment of existing members based on attendance and participation on CCAC subcommittees; and

(III) a slate of officers.

(6)Peer Review Board. CCAC identifies members to serve on the Peer Review Board and participate in the DHS grievance process per Oklahoma Administrative Code (OAC) 340:110-1-15 and 340:110-1-54. A majority of the Peer Review Board are representatives of licensed child care facilities.

(7)QRIS Administrative Review. CCAC identifies two members to serve on QRIS administrative reviews per OAC 340:110-1-8.3(h)(5)(B), with one member being a center owner or operator.

(d)Meetings.

(1)Frequency. CCAC meets quarterly. Additional meetings may be called or regular meetings cancelled by the chairperson and CCS representative.

(2)Quorum. A minimum of one third plus one member or designee, of currently appointed members, must be present for a quorum.

(3)Voting. All members or designees must receive CCAC orientation prior to voting.

(4)Attendance. Committee members or designees must attend at least two CCAC meetings annually or may be removed from the committee at CCAC or DHS Director's discretion.

(5)Active participation. CCAC members or designees are required to serve on subcommittees annually.

(6)Guidelines. CCAC practices are compatible with the Licensing Act.

(7)Rules of order.Robert's Rules of Order, as amended, are used to govern the meetings.

(e)Change of bylaws. CCS prepares bylaw revisions based on CCS and CCAC input and recommendations. Proposed rulemaking is presented to CCAC for comment and submitted for approval through the Administrative Procedures Act rulemaking process.

Okla. Admin. Code § 340:110-1-17

Added as 340:110-1-16 at 9 Ok Reg 3249, eff 6-15-92 (emergency)¹; Added at 10 Ok Reg 2369, eff 6-11-93; Amended at 13 Ok Reg 499, eff 11-14-95 (emergency); Amended at 13 Ok Reg 2663, eff 6-28-96; Amended at 16 Ok Reg 2527, eff 7-1-99; Amended at 16 Ok Reg 3511, eff 7-13-99 through 7-14-00 (emergency)²; Amended at 18 Ok Reg 2144, eff 6-11-01; Amended at 19 Ok Reg 2274, eff 6-27-02; Amended at 22 Ok Reg 1304, eff 6-1-05; Amended at 23 Ok Reg 1092, eff 6-1-06; Amended at 24 Ok Reg 1351, eff 7-1-07; Amended at 25 Ok Reg 1962, eff 7-1-08; Amended at 26 Ok Reg 415, eff 11-20-08 (emergency); Amended at 26 Ok Reg 2239, eff 7-1-09

Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 11/1/2016

Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/15/2017

Amended by Oklahoma Register, Volume 36, Issue 24, September 3, 2019, eff. 9/16/2019

¹In 1992, two different emergency rules were added at the same section number (340:110-1-16 ). One of these rules was later superseded by a permanent rule numbered at this number (340:110-1-17).

²This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency amendatory action, the last effective permanent text of the Section is reinstated. Therefore, on 7-15-00 (after the 7-14-00 expiration of this emergency action), the text of 340:110-1-17 reverted back to the permanent text that became effective 7-1-99, as was last published in the 1999 OAC Supplement, and remained as such until amended again by permanent action on 6-11-01.