Okla. Admin. Code § 340:110-1-8

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

Section 340:110-1-8 - Types of issuance

(a)Six-month permit. New child care centers, day camps, drop-ins, out-of-school time, part-day programs, programs for sick children, and family child care homes may be issued a six-month permit. The six-month permit provides Oklahoma Department of Human Services (DHS) Child Care Services (CCS) Licensing staff an opportunity to evaluate the program's compliance with Licensing requirements on an ongoing basis, and provides a basis to contract with DHS for child care subsidy, and receive Child and Adult Care Food Program reimbursement. The owner's Licensing compliance history is considered.

(1) Licensing staff may recommend a permit when the program is in compliance with Licensing requirements regarding:

(A) completed criminal history review results for all required individuals;

(B) number of qualified personnel;

(C) professional development, including current cardio-pulmonary resuscitation (CPR) and first aid certifications;

(D) hazards indoors or outdoors;

(E) liability insurance coverage;

(F) adequate equipment;

(G) fencing and playground safety;

(H) fire safety; and

(I) other areas affecting children's safety.

(2) Licensing staff conducts a full-monitoring visit documenting compliance with Licensing requirements no more than 60-calendar days prior to six-month permit issuance.

(b)Documentation for six-month permit.

(1)Child care centers, day camps, drop-ins, out-of-school time, part-day programs, and programs for sick children. Items required on file for six-month permit issuance, include:

(A) completed Form 07LC004E, Request for License Child Care Program, and proof of ownership;

(B) approved director credential verification and required master teachers, when applicable;

(C) Form 07LC002E, Personnel Summary;

(D) Form 07LC041E, Personnel Information, for each personnel;

(E) Form 07LC057E, Physical Plant, including drawing and calculation;

(F) adequate equipment for the recommended capacity;

(G) fire department approval documentation within the previous 12 months;

(H) health approval documentation, within the previous 12 months, when meals are prepared and served; and

(I) all required background investigations documentation, per Oklahoma Administrative Code (OAC) 340:110-1-8.1, including completed criminal history review results for all required individuals.

(2)Family child care homes. The items required on file for a six-month permit issuance include:

(A) completed Form 07LC004E, Request for License Child Care Program, and proof of ownership;

(B) Form 07LC041E, Personnel Information, for primary caregiver and prior to employment for assistants and substitutes;

(C) fire department approval documentation within the previous 12 months for a large family child care home operating in a mobile home; and

(D) all required background investigations documentation per OAC 340:110-1-8.1, including completed criminal history review results for all required individuals.

(c)Second and subsequent six-month permits. When subsequent permits are recommended, the procedures in this subsection are followed.

(1) Assistant licensing coordinator approval is needed for subsequent permits when programs are recommended for, or are in the process of, a consent agreement or request for license denial.

(2) Licensing staff consults with the Licensing supervisor prior to recommending a second permit.

(3) The Licensing supervisor consults with the licensing regional programs manager (RPM) before recommending a third permit.

(4) The RPM consults with the statewide licensing coordinator or designee before recommending a fourth or subsequent permit.

(5) Licensing staff provides a letter to the applicant notifying him or her each time a second or subsequent permit is recommended. The reason for the recommendation is clearly stated in the letter, with each non-compliance area listed separately.

(6) When a subsequent permit is issued due to numerous, repeated, or serious non-compliance with Licensing requirements, Licensing staff monitors the facility at least monthly, and is accompanied by a witness, when possible. When the non-compliance indicates the program is unable or unwilling to meet Licensing requirements, the statewide licensing coordinator or designee is consulted.

(7) When Licensing requirements per (a)(1) of this Section are met prior to the second or subsequent six-month permit expiration, license issuance may be recommended.

(8) When children were not in care on a regular basis during the previous 12 months, the applicant is requested to withdraw the request for license, per OAC 340:110-1-6.

(d)Issuance of license. A license is issued after Licensing evaluates the applicant's activities and standards of care, determines the applicant meets all Licensing requirements identified in (a) and (b) of this Section, and demonstrates substantial compliance with all other Licensing requirements, including entry- level professional development requirements for child care personnel, when required per Licensing requirements.

(1) Prior to recommending license issuance, Licensing staff completes at least three monitoring visits, and an equipment inventory, when required per Licensing requirements, in child care centers, day camps, drop-ins, out-of-school time and part-day programs, and programs for sick children.

(2) Children in care must be observed during at least one monitoring visit.

(3) A monitoring visit must be conducted within 60-calendar days of the issuance date.

(4) A license is in effect unless revoked or the program voluntarily closes.

(e)Documentation for license issuance .

(1)Child care centers, day camps, drop-ins, out-of-school time and part-day programs, and programs for sick children. In addition to the items in (a) through (b)(1) of this Section for six-month permit issuance, items required on file before license issuance include:

(A) a daily program schedule;

(B) current Form 07LC002E, Personnel Summary;

(C) an outdoor play schedule, when applicable;

(D) Form 07LC006E, Equipment Inventory for Child Care Programs, as required per Licensing requirements;

(E) a statement of completed compliance review, when applicable;

(F) director's references;

(G) a one-week sample menu of program provided meals and snacks;

(H) fire department approval documentation within the previous 24 months;

(I) health approval documentation within the previous 24 months when meals are prepared and served; and

(J) a statement of water test results when not on public water supply.

(i) When the test indicates the bacteria, nitrates, or lead level is too high for safe use, the director may sign a statement agreeing to use bottled water for drinking, cooking and, when applicable, children's bathing.

(ii) When there is a high bacteria or lead level, boiled or bottled water must be used for hand washing and dish washing.

(iii) When programs are licensed for 25 or more children, Department of Environmental Quality (DEQ) approval is required, when not on a public water supply system.

(2)Family child care homes. In addition to the items in (a) through (b)(2) of this Section for six-month permit issuance, the items required on file before license issuance include:

(A) a one-week sample menu;

(B) references; and

(C) a statement of water test results, when not on public water supply.

(i) When the test indicates the bacteria, nitrates, or lead level is too high for safe use, the caregiver may sign a statement agreeing to use bottled water for drinking, cooking, and, when applicable, children's bathing.

(ii) When there is a high bacteria or lead level, boiled or bottled water must be used for hand washing and dish washing.

(f)Evaluation and disposition.

(1) The Licensing supervisor reviews Licensing staff's case action recommendation before forwarding to the statewide licensing coordinator or designee.

(2) The statewide licensing coordinator or designee reviews all case action recommendations. When a license or permit is approved, owner notification is provided.

Okla. Admin. Code § 340:110-1-8

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; 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 80, eff 11-1-96 (emergency); Amended at 14 Ok Reg 1408, eff 5-12-97; 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 2527, eff 7-1-99; Amended at 18 Ok Reg 2144, eff 6-11-01; Amended at 19 Ok Reg 221, eff 11-1-01 (emergency); Amended at 19 Ok Reg 658, eff 2-1-02 (emergency); Amended at 19 Ok Reg 2274, eff 6-27-02; 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 28 Ok Reg 1669, eff 7-1-11

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

Amended by Oklahoma Register, Volume 36, Issue 24, September 3, 2019, eff. 11/1/2019