Library: Policy

340:110-1-8. Types of issuance

Revised 11-1-19

(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;

(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;

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

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

(F) adequate equipment for the recommended capacity; • 1

(G) fire department approval documentation within the previous 12 months; • 2

(H) health approval documentation, within the previous 12 months, when meals are prepared and served; and • 3

(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. • 4

(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;

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

(E) a statement of completed compliance review, when applicable; • 5

(F) director's references; • 6

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

(H) fire department approval documentation within the previous 24 months; • 2

(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. • 3

(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 • 6

(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. • 7

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

INSTRUCTIONS TO STAFF 340:110-1-8

Revised 11-1-19

1. (a) Licensing staff explains Form 07LC006E, Equipment Inventory for Child Care Programs. Programs must have all equipment for the licensed capacity. Prior to recommending a six-month permit, Licensing staff verifies indoor basic and outdoor play equipment amounts, but is not required to conduct a full-inventory unless there is not adequate play equipment for the licensed capacity. A full-inventory must be conducted by Licensing staff prior to license issuance.

(b) The director may request a capacity increase during the permit period by documenting additional equipment. Licensing staff visits the facility to verify equipment only when concerns exist.

(c) Annual equipment inventories, when required per Licensing requirements, may be maintained at the program.

2. When the facility is located in a community without a local fire department, Licensing staff provides the statewide licensing coordinator or designee with the program's name, address, finding directions, and phone number. The statewide licensing coordinator or designee requests a State Fire Marshal inspection. When an inspection was conducted but the fire department report copy is not available, Licensing staff may contact the fire department by phone to obtain verbal approval. The conversation is documented on Form 07LC080E, Licensing Services Supplemental Information.

3. (a) When problems exist with water, sewage, or waste removal, such as sewage surfacing over a septic tank, Licensing staff contacts the Department of Environmental Quality (DEQ). DEQ assesses the fee for inspection.

(b) When an inspection was conducted but the health department report copy is not available, Licensing staff may contact the Oklahoma State Department of Health by phone to obtain verbal approval. The conversation is documented on Form 07LC080E, Licensing Services Supplemental Information.

4. Licensing staff dates subsequent permits the last day of the expiring permit month.The Licensing staff and supervisor evaluate whether the program had numerous, repeated, or serious non-compliance and considers the most appropriate responses, per Oklahoma Administrative Code (OAC) 340:110-1-9.3, and document this discussion on Form 07LC080E, Licensing Services Supplemental Information.

5. The compliance review is required for a new director with no previous director experience.The review may also be used for a director or program personnel to review Licensing requirements.Licensing staff provides the director a compliance review copy at the initial application visit with return instructions.Licensing staff evaluates the completed compliance review and discusses concerns with the director.The discussion is documented on the monitoring summary or Form 07LC080E, Licensing Services Supplemental Information, and the completed compliance review is returned to the director.

6. (a) Written references are not required. Licensing staff documents references obtained by phone or email on Form 07LC080E, Licensing Services Supplemental Information.

(b) Director's and primary caregiver's references are maintained in the Licensing file.

(c) Non-relative references are required for substitutes and assistants, even when related to the primary caregiver.

7. When the Licensing supervisor disagrees with the recommendation, the Licensing supervisor discusses disagreement areas with Licensing staff. The Licensing supervisor makes the final recommendation.