Okla. Admin. Code § 340:110-1-6

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

Section 340:110-1-6 - Inquiries and request for license process

(a)Inquiries. Child care program, residential program, or child-placing agency license inquiries are referred to the appropriate Licensing staff. Licensing determines licensure necessity per, Oklahoma Child Care Facilities Licensing Act, Section 403 of Title 10 of the Oklahoma Statutes (10 O.S. § 403). Programs exempt from licensure may request licensure.

(b)Licensing exemptions. Program exemptions include (1) through (3) of this subsection.

(1)Tribal reservation, Indian country, and federal facilities. Facilities located on tribal reservations or in Indian country and federal child care facilities not requiring a state license that may request licensure are:

(A) on Indian tribal land;

(B) licensed by a tribe, with a Child Care Services (CCS) cooperative Licensing agreement; and

(C) operating on military bases or federal property.

(2)In-home caregiver. Adult and Family Services (AFS) Child Care Subsidy approves contracted child care when care is provided in the child's own home and no license is required.

(3)Additional exemptions. Programs not designed or intended for child care include:

(A) programs operating less than 10 weeks annually;

(B) summer programs operating less than eight hours per day;

(C) programs serving children 3 years of age and older, offering elementary education in kindergarten through third grade;

(D) summer youth camps, summer programs, or after-school programs for children who are at least 4 years of age, accredited by a national standard-setting agency or church camp accreditation program or are accredited by, chartered by, or affiliated with a national non-profit organization;

(E) programs providing care and supervision for school-aged children only in a center-based program for 21 or fewer hours per week and located in a county with a population of less than 100,000, per the latest Federal Decennial Census;

(F) programs where children are limited from enrolling in multiple sessions because of the type of activity or ages accepted;

(G) programs where children are not enrolled by the parents and free to come and go;

(H) child care facilities including family child care homes providing care and supervision for 15 or fewer hours per week;

(I) sponsors operating two or more programs in the same building when each operates 15 hours or less per week; and

(J) programs where children attend on a drop-in basis and parents are on the premises and readily accessible.

(c)Request for licensing information. When the inquirer indicates an interest in becoming licensed or licensure is required, Licensing staff:

(1) documents the name, address, phone number, and type of care the program is providing or planning to provide; and

(2) provides the inquirer with:

(A) the applicable Licensing requirements;

(B) appropriate request for license packet; and

(C) referrals to other agencies involved in regulating child care facilities, such as the fire department, health department, and local city regulatory offices, when applicable;

(3) follows procedures in Oklahoma Administrative Code (OAC) 340:110-1-13 or 340:110-1-54.1, when the program is currently providing child care, residential care, or child-placing activity. Licensing informs the inquirer not to provide child care, residential care, or child-placing activity without permission to operate from CCS, per (h) of this Section; and

(4) ascertains the inquirer's qualifications for program or agency operation.

(d)Request for license. When Form 07LC004E, Request for License - Child Care Program; or Form 07LC040E, Request for License Child-Placing Agency and Residential Child Care, is received, Licensing staff:

(1) verifies Form 07LC004E or Form 07LC040E is complete;

(2) verifies proof of ownership is provided, per OKDHS Appendix L-7, Ownership Proof Chart; and

(3) when appropriate, issues a permit within 45-calendar days or completes Form 07LC080E, Licensing Services Supplemental Information, documenting timeframe extension circumstances.

(e)Incomplete request for license. An incomplete request for license is returned to the applicant.

(f)Withdrawal of request for license. When an applicant:

(1) requests to withdraw the request for license request prior to initial permit issuance, Licensing staff:

(A) documents the withdrawal request on Form 07LC080E, Licensing Services Supplemental Information;

(B) confirms no children or residents are in care or no child-placing activity is conducted; and

(C) may close the case, unless negative action is warranted; and

(2) has not had children or residents in care or no child-placing activity for more than 12 months, the applicant is requested to withdraw the request for license. When the applicant:

(A) agrees to withdraw the request, Licensing staff:

(i) documents this discussion on Form 07LC080E;

(ii) provides a letter confirming the discussion and notifying the applicant of request for license withdrawal; and

(iii) proceeds with case closure; or

(B) does not agree to withdraw the request, Licensing staff:

(i) documents this discussion on Form 07LC080E;

(ii) provides a letter notifying the applicant of case closure within 10-calendar days of receipt of letter; and

(iii) proceeds with case closure.

(g)Application monitoring visit. Licensing staff conducts a monitoring visit to determine compliance with requirements. Licensing staff:

(1) provides program consultation regarding quality care and quality rating and improvement (QRIS) criteria;

(2) discusses Oklahoma Human Service (OKDHS) subsidy contract opportunities and documents that contract information was provided to the applicant, when applicable; and

(3) issues a permit, per OAC 340:110-1-8 or 340:110-1-46, when applicable.

(h)Permission to operate. The program may be granted permission to operate on application status when the Licensing staff determines an applicant is temporarily unable to comply with all Licensing requirements, but the services are needed and the non-compliance does not place children or residents at risk of imminent harm.

(1) These situations are discussed with the regional programs manager or programs manager.

(2) Permission to operate cannot exceed 30-calendar days.

(3) When permission to operate is or was not granted, phone contact is made every two months and documented on Form 07LC080E, Licensing Services Supplemental Information.

(i)Primary caregiver and spouse license issuance. When requested, a license may be issued to a primary caregiver and his or her spouse. References are obtained for both individuals, and both must demonstrate requirement compliance. A primary caregiver must be identified and meet all primary caregiver requirements.

(j)Alternative residence. Care may be provided in a location other than the primary caregiver's residence.

(k)Reopening a family child care home. When a family child care home was closed for less than 12 months and had a record of compliance prior to closure, Licensing staff obtains a new Form 07LC004E, Request for License - Child Care Program, and may recommend license issuance after one compliant monitoring visit. Previous references are utilized. Prior to license issuance, background investigations are conducted, per OAC 340:110-1-8.1.

(l)Reopening a child care center, day camp, drop-in, out-of-school time, part-day program, or program for sick children. When a program was closed and the same owner requests to reopen, a new Form 07LC004E, Request for License - Child Care Program, is completed.

(1) Fire and health inspections completed within the last 12 months, are utilized unless concerns exist.

(2) When the program was closed less than 12 months:

(A) previously obtained director references are utilized;

(B) background investigations are conducted, per OAC 340:110-1-8.1; and

(C) with a record of compliance prior to closure, Licensing staff may recommend license issuance after one compliant monitoring visit.

(m)Reopening a residential program or child-placing agency. When a residential program or child-placing agency was closed and the same owner requests to reopen, a new Form 07LC040E, Request for License Child-Placing Agency and Residential Child Care, is completed.

(1) Fire and health inspections completed within the last 12 months, are utilized unless concerns exist.

(2) When the program was closed less than 12 months:

(A) background investigations are conducted, per OAC 340:110-1-8.1; and

(B) with a record of compliance prior to closure, the Licensing staff may recommend license issuance after one compliant monitoring visit.

(n)Family child care homes approved to provide foster care. A primary caregiver approved to provide foster care may be licensed as a family child care home. The primary caregiver cannot be licensed when approved for therapeutic foster care, per OAC 340:75-7-19. The approval for dual service is made by the Licensing supervisor prior to each child placement, based on the recommendation of Licensing staff and OKDHS foster care staff. Licensing staff completes Form 07LC099E, Dual Approval Request for Foster Care Placement. When a joint consensus is not achieved, either division may request a review by the dual approval committee for a final decision. The decision for approval is:

(1) based on the number, ages, and children's specific needs potentially eligible for child care and foster care and a written agreement from the primary caregiver stating the individual(s) from whom the child was removed will not be present during the child care hours;

(2) documented in the case record; and

(3) reviewed with the primary caregiver and foster care worker at least once every 12 months or when concerns exist.

Okla. Admin. Code § 340:110-1-6

Amended at 10 Ok Reg 2369, eff 6-11-93; Amended at 11 Ok Reg 385, eff 10-15-93 (emergency); Amended at 11 Ok Reg 2773, eff 6-13-94; Amended at 13 Ok Reg 325, eff 5-18-95 (emergency); Amended at 13 Ok Reg 499, eff 11-14-95 (emergency); Amended at 13 Ok Reg 2663, eff 6-28-96; Amended at 14 Ok Reg 2174, eff 5-14-97 (emergency); Amended at 15 Ok Reg 1727, eff 5-11-98; Amended at 16 Ok Reg 285, eff 11-3-98 (emergency); Amended at 16 Ok Reg 1080, eff 4-26-99; Amended at 16 Ok Reg 2527, eff 7-1-99; Amended at 18 Ok Reg 2144, eff 6-11-01; Amended at 19 Ok Reg 658, eff 2-1-02 (emergency); Amended at 19 Ok Reg 1171, eff 5-13-02; Amended at 20 Ok Reg 1259, eff 6-1-03; Amended at 21 Ok Reg 910, eff 6-1-04; 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 at 27 Ok Reg 48, eff 10-1-09 (emergency); Amended at 27 Ok Reg 1869, eff 7-1-10; Amended at 29 Ok Reg 1229, eff 7-1-12.

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

Amended by Oklahoma Register, Volume 40, Issue 22, August 1, 2023, eff 9/15/2023