Okla. Admin. Code § 340:110-1-54.1

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

Section 340:110-1-54.1 - Unlicensed facilities

(a)Legal basis and authority. Pursuant to Section 405 of Title 10 of the Oklahoma Statutes, no child care facility may be operated or maintained in this state, unless licensed or given permission to operate by the Oklahoma Department of Human Services (OKDHS).

(b)Procedures for investigating the operation of an unlicensed residential facility. When information is received regarding the operation of an unlicensed residential facility, staff conducts a full monitoring visit no later than three facility business days to assess the necessity of license.

(1) If care is being provided, staff informs the facility they have not been given permission to operate and they are in violation of the Oklahoma Child Care Facilities Licensing Act (Act). During the visit the facility is informed on Form 07LC095E, Notice Regarding Unlicensed Care, that:

(A) care must cease by the end of the current business day unless imminent risk indicates the need for the facility to cease care immediately; or

(B) permission to operate may be granted when the facility:

(i) is in compliance with health and safety requirements without serious non-compliances as referenced in OAC 340:110-1-46(a)(1);

(ii) has submitted a completed application in accordance with OAC 340:110-1-45;

(iii) provides all required background information per OAC 340:110-1-51; and

(iv) has staff present who meet the following licensing requirements:

(I) documented current cardio-pulmonary resuscitation and first aid certification;

(II) completed behavioral intervention training; and

(III) minimum educational qualifications for the position held.

(2) If a facility is not granted permission to operate, a follow-up visit is conducted within one facility business day to verify the termination of care. The follow-up visit timeframe may be extended up to five days with programs manager approval and is documented on Form 07LC080E, Licensing Services Supplemental Information. When care of children has not ceased, staff proceed per OAC 340:110-1-52(f).

(3) When the necessity of a license is not required, licensing staff documents the investigation of unlicensed operation on Form 07LC080E.

(c)Procedures for investigating the operation of an unlicensed child placing agency. When information is received regarding the operation of an unlicensed child placing agency, staff makes contact with the agency representative within three agency business days to assess the necessity of license.

(1) If child placing activity is being provided, staff informs the agency they have not been given permission to operate and they are in violation of the Oklahoma Child Care Facilities Licensing Act (Act). Licensing staff document on Form 07LC080E:

(A) child placing activity must cease by the end of the current business day, unless imminent risk indicates the need for the agency to cease operation immediately; or

(B) permission to operate may be granted when the agency:

(i) has submitted a completed application per OAC 340:110-1-45;

(ii) provides all required background information per OAC 340:110-1-51; and

(iii) has staff who meet minimum educational qualifications for the position held.

(2) If an agency is not granted permission to operate, a follow-up visit is conducted within one agency business day to verify the termination of child placing activity. The follow-up visit timeframe may be extended up to five days with programs manager approval and is documented on Form 07LC080E. When child placing activity has not ceased, staff proceed per OAC 340:110-1-52(f).

(3) When the necessity of a license is not required, licensing staff documents the investigation of an unlicensed operation on Form 07LC080E.

(d)Documentation of Findings. Following the unlicensed complaint investigation, licensing staff proceed with procedures in OAC 340:110-1-47.1(l). All case staffings and discussions of case action are documented on Form 07LC080E and maintained in the case file.

(e)Procedures for investigating unlicensed out of state child -placing agencies.

(1) The licensing staff mails to the owner the licensing requirements and a letter that includes information about licensure and a request for a response within 14 days.

(2) If a response is not received within 14 days, several contacts are made or attempted to encourage the owner of an unlicensed facility to comply with the Act.

(3) If the owner fails to apply for licensure as required by the Act, the licensing staff consults with the programs manager and statewide licensing coordinator for appropriate action which could include the issuance of an Emergency Order.

Okla. Admin. Code § 340:110-1-54.1

Added at 26 Ok Reg 415, eff 11-20-08 (emergency); Added at 26 Ok Reg 2239, eff 7-1-09; Amended at 27 Ok Reg 1869, eff 7-1-10; Amended at 28 Ok Reg 1669, eff 7-1-11; Amended at 29 Ok Reg 1229, eff 7-1-12