OKDHS - July 2007 Commission for Human Services Agenda

July Commission for Human Services Agenda

AGENDA
OKLAHOMA COMMISSION FOR HUMAN SERVICES

July 24, 2007
9:30 a.m. – Room C-48 – Sequoyah State Office Building
Oklahoma City

CALL TO ORDER – Chairman Richard DeVaughn
APPROVAL OF MINUTES – June 12, 2007
COMMISSION RESOLUTION – Chairman Richard DeVaughn
DIRECTOR’S COMMENTS – Howard Hendrick
CONSIDERATION OF FINANCIAL REPORTS FOR MAY AND JUNE – Phil Motley
CONSIDERATION OF PROPOSED ADMINISTRATIVE RULES (See Attached) – Commissioner Aneta Wilkinson
REPORT FROM DATA SERVICES DIVISION (Mobility Project) – Connie Schlittler, Kathryn Henson, Janice Powell, Dixie Clayborn and Susan Cook
REPORT ON HUMAN SERVICES CENTERS – Marq Youngblood (Area I Resource Unit: Terri Leeper)
DATE OF NEXT MEETING – Sept. 25, 2007
CONSIDERATION OF PROPOSED EXECUTIVE SESSION AS RECOMMENDED BY GENERAL COUNSEL AND AUTHORIZED BY OPEN MEETING ACT, 25 O.S. 1991, SECTION 307, (1), (4) AND (7) – Charles Waters
1. STATUS REPORT ON PENDING LEGAL CLAIMS OR ACTIONS INCLUDING FEDERAL CIVIL RIGHTS, DISALLOWANCE AND PROVIDER CASES
2. STATUS REPORT ON INVESTIGATIONS RELATED TO CLIENT MISTREATMENT AND EMPLOYEE MISCONDUCT
RETURN TO REGULAR SESSION
NEW BUSINESS
ADJOURN

ITEM #5. Proposed Administrative Rules - Revised

July 18, 2007

PROPOSED RULEMAKING ACTION

July 24, 2007

Part I. Emergency rules subject to the Administrative Procedures Act.

A. CHAPTER 2. ADMINISTRATIVE COMPONENTS
Subchapter 5. Fair Hearings
Part 11. Child Care Facility Licensing
OAC 340:2-5-112 [AMENDED]
OAC 340:2-5-119 [AMENDED]
(Reference APA WF 07-14)

SUMMARY: The proposed revisions to Subchapter 5 of Chapter 2 amend the rules to bring policy into line with legal requirements.

340:2-5-112 is amended to expand the definition of "official record" to include a transcript of the hearing and to provide a definition of "clear and convincing evidence."
340:2-5-119 is amended to conform the standard of proof in child care licensing proceedings to due process requirements.

PROPOSED EFFECTIVE DATE: Immediately upon Governor's approval.

EMERGENCY APPROVAL: Emergency rulemaking approval is requested as the Oklahoma Department of Human Services (OKDHS) finds compelling public interest to prevent adverse child care licensing decisions from being reversed on due process grounds. Public health and safety is served by OKDHS being able to prevent operation of substandard child care homes and facilities.

AGENCY GOALS: The proposed rules achieve OKDHS goals by conforming policy to law.

COST: The probable cost to OKDHS includes the cost of printing and distributing the rules, which is estimated to be less than $100. The revised rules will result in due process being provided for child care licensees and applicants.

AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; and Due Process of Law, Article II, Section 7 of the Oklahoma Constitution.

B. CHAPTER 10. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF)
Subchapter 2. Temporary Assistance for Needy Families (TANF) Work Program
OAC 340:10-2-1 [AMENDED]
OAC 340:10-2-5 through 340:10-2-8 [AMENDED]
(Reference APA WF 07-13)

SUMMARY: The purpose of the proposed rules is to revise Temporary Assistance for Needy Families (TANF) rules regarding TANF Work activities and reporting responsibilities in accordance with the Deficit Reduction Act of 2005.

340:10-2-1 proposed revisions: (1) add a formula for determining the average weekly countable work hours for a work-eligible individual who is self-employed; (2) remove language that allows short term closures by a facility to count as a holiday in calculating client TANF Work participation; (3) remove the ability to count excused absences from participation in hour increments; and (4) remove community services as a TANF Work activity.
340:10-2-5 proposed revisions update client TANF Work participation reporting responsibilities.
340:10-2-6 proposed revisions limit job readiness activities.
340:10-2-7 proposed revisions: (1) remove community service as a TANF Work activity; (2) add job skills training as a TANF Work activity; and (3) update client TANF Work participation reporting responsibilities.
340:10-2-8 proposed revisions: (1) update client TANF Work participation reporting responsibilities; and (2) reflect the current form numbers.

EMERGENCY APPROVAL: Emergency approval is requested due to compelling public interest so that the Oklahoma Department of Human Services (OKDHS) remains in compliance with federal guidelines as specified in the Deficit Reduction Act of 2005, specifically Section 262.2 of Title 45 of the Code of Federal Regulations (CFR) which will make OKDHS subject to penalty if these changes are not made by October 1, 2007.

AGENCY GOALS: The proposed rules support the OKDHS mission to administer public resources in a fiscally responsible and ethical manner.

COST: The probable cost to OKDHS includes the cost of printing and distributing the rules is estimated to be approximately $10.

PROPOSED EFFECTIVE DATE: Oct. 1, 2007.

AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; Sections 230.50, 230.52, 230.62, 230.64, and 230.65 of Title 56 of the Oklahoma Statutes; the Deficit Reduction Act of 2005; and Parts 261.2, 261.60, 261.61 and 262.2 of Title 45 of the CFR.

C. CHAPTER 75. CHILD WELFARE
Subchapter 7. Foster Home Care
Part 2. Development of Resources
OAC 340:75-7-15 [AMENDED]
(Reference APA WF 07-12)

SUMMARY: The proposed revisions to Subchapter 7 of Chapter 75 amend the rules to bring the Oklahoma Department of Human Services (OKDHS) foster and adoptive homes approval process into compliance with Senate Bill 553.

340:75-7-15 is amended to: (1) clarify the exception to fingerprinting process; (2) clarify that when an equivalent records check from another state is required, it must be received prior to placement; (3) correct Department of Public Services to Department of Public Safety (DPS); (4) repeal time frame for kinship applicant's equivalent record check; (5) require that OKDHS obtain the out-of-state child abuse and neglect registry check; and (6) repeal court's authority to approve a prospective adoptive parent or long-term placement provider due to specified felonies.

EMERGENCY APPROVAL: Emergency rulemaking approval is requested as OKDHS finds a compelling public interest to preserve the health, safety, and welfare of families with children who are in need of foster or adoptive homes. Emergency rulemaking is necessary to bring the rules into compliance with Senate Bill 553.

AGENCY GOALS: The proposed rules support the OKDHS goal of providing services that support and strengthen the family and protect its members by requiring a more stringent review of a prospective foster or adoptive parent's background prior to placement of a child in OKDHS custody and repealing the court's option of approving a prospective foster or adoptive parent who has specified felony convictions.

COST: There is no effect on state revenues associated with these emergency revisions. The revised rules do not increase staff duties or require additional full-time equivalent positions (FTEs). The probable cost to OKDHS includes the cost of printing and distributing the rules, which is estimated to be less than $20.

PROPOSED EFFECTIVE DATE: Immediately upon Governor's approval.

AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; and Title 10 of the Oklahoma Statutes.

D. CHAPTER 110. LICENSING SERVICES
Subchapter 1. General Provisions
Part 1. Licensing Services – Child Care
OAC 340:110-1-9.4 [AMENDED]
Subchapter 3. Licensing Standards for Child Care Facilities
Part 1. Requirements for Child Care Centers
OAC 340:110-3-5 thru 340:100-3-5.1 [AMENDED]
OAC 340:110-3-27 [AMENDED]
Part 2. Requirements for Part-Day Children's Programs
OAC 340:110-3-39 thru 340:110-3-40 [AMENDED]
OAC 340:110-3-49.3 [AMENDED]
Part 5. Requirements for Family Child Care Homes and Large Family Child Care Homes
OAC 340:110-3-81 through 110-3-82 [AMENDED]
OAC 340:110-3-84 through 110-3-88 [AMENDED]
OAC 340:110-3-89.1 through 110-3-91 [AMENDED]
OAC 340:110-3-91.1 [NEW]
OAC 340:110-3-92 through 110-3-94 [AMENDED]
OAC 340:110-3-97 through 110-3-97.1 [AMENDED]
Part 14. Requirements for School-Age Programs
OAC 340:110-3-223 thru 340:110-3-224 [AMENDED]
OAC 340:110-3-237 [AMENDED]
(Reference APA WF 07-16)

SUMMARY: The proposed revisions allow for increased health and safety requirements for children in licensed family child care homes and large family child care homes. Most critical revisions occur in the area of fire safety and qualifications of the primary caregiver. These revisions impact the daily environment where children are in care therefore improving the quality of care received and further insuring children’s safety. Revisions also clarify and improve division policy and practice when issuing an emergency order and allow for increased accessibility of licensing information for parents and the public.

340:110-1-9.4 is amended to clarify situations for issuance of an emergency order including procedures with regard to timeframes, review of issuance, delivery of emergency order, and rescinding an emergency order.
340:110-3-5 and 340:100-3-5.1 is amended to increase accessibility of licensing information for parents and public.
340:110-3-27 is amended as poison control center is no longer recommending first aid kits contain syrup of ipecac or activated charcoal.
340:110-3-39 and 340:110-3-40 is amended to increase accessiblility of licensing information for parents and public.
340:110-3-49.3 is amended as poison control center is no longer recommending first aid kits contain syrup of ipecac.
340:110-3-81 is amended to include revisions to definitions of an infant, primary caregiver, and toddler.
340:110-3-82 is amended to clarify division practice as it relates to application, denial or revocation of a license.
340:110-3-84 is amended to clarify capacity of family child care homes, obtaining of references on caregivers and the conditions of notifying licensing when specific events occur.
340:110-3-85 is amended to include increased qualifications, training and responsibilities of primary, assistant and substitute caregivers. Revisions also include limitations of inactive status of the primary caregiver and clarification of approval of dual foster care certifications.
340:110-3-86 is amended to increase space used routinely by children, staff-child ratio as it relates to swimming, supervision of animals, and development of emergency procedures in the event of a natural or man-made disaster. Revisions also clarify sanitation, lighting, and fencing requirements.
340:110-3-87 is amended to clarify transportation requirements.
340:110-3-88 is amended to increase accessibility of licensing information, and to increase record information regarding caregivers and attendance of children in care.
340:110-3-89.1 is amended to increase information regarding the caregiver’s policy for parents.
340:110-3-90 is amended to increase practices of hand washing, disease control, and safety of medication when administered by injections.
340:110-3-91 is amended to clarify appropriate media use for children. Revisions also include the movement of requirements relating to places to rest and sleeping environments to a separate requirement section.
340:110-3-91.1 is amended to clarify requirements relating to places to rest and sleeping environments.
340:110-3-92 is amended to increase positive guidance practices and to clarify prohibitive behavior and guidance practices.
340:110-3-93 is amended to clarify appropriate daily routines and bottle-feeding practices for infants, toddlers, and two year olds.
340:110-3-94 is amended to include required second servings of food and to clarify food and nutrition practices.
340:110-3-97 is amended to prohibit security bars on homes unless equipped with proper release mechanisms, and use of second story for naptime of children. Revisions also include increase of the number of fire and tornado drills, smoke detector testing and requirement of an operable carbon monoxide detector. Clarification of exits and railings for steps was also provided.
340:110-3-97.1 is amended to require inspections by state or local fire official for large family child care homes licensed in mobile homes. Revisions also include increased qualifications of primary caregiver and substitute caregiver.
340:110-3-223 and 340:110-3-224 is amended to increase accessibility of licensing information for parents and public.
340:110-3-237 is amended to include contact of poison control when suspicion of child poisonings occur.

EMERGENCY APPROVAL: Emergency rulemaking approval is requested as OKDHS finds an imminent peril to the preservation of the public health, safety, or welfare as it relates to the safety of children in child care facilities. Revisions will provide: (1) additional safety precautions to better protect children; (2) allow for increased accessibility of licensing information for parents and the public; (3) additional fire safety requirements regarding operable carbon monoxide detectors, monthly testing of smoke and carbon monoxide alarms, limitations on window security bars, and limitations on the use of any floor above ground level for young children; (4) additional caregiver requirements regarding cardiopulmonary resuscitation (CPR) and first aid certification being required before being left alone with children; (5) the development of emergency procedures in the event of natural or man-made disasters will better prepare caregivers for dealing with emergencies; and (6) clarification for the issuance of emergency orders. All the revisions will increase the safety of children in child care facilities.

AGENCY GOALS: The proposed rules achieve OKDHS goals by supporting and strengthening the family and protecting its members.

COST: The probable cost to OKDHS includes the cost of printing and distributing the rules in the form of requirement books, which is estimated to be approximately $19,000. Training of these revisions to Division of Child Care licensing staff will be provided by existing division staff. The revised rules will result in enhanced child care services to children and parents utilizing these child care services as well as enhanced services to the licensed family child care home or large family child care home, child care center, school-age, and part-day programs.

PROPOSED EFFECTIVE DATE: Oct. 1, 2007. This will allow for the revision, reprinting, and mailing of 5600 requirement books, to include family child care homes and large family child care homes, child care centers, school-age and part-day programs, revision of the monitoring report and the training of division licensing staff.

AUTHORITY: Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; and the Oklahoma Child Care Facilities Licensing Act, Section 401 et seq. of Title 10 of the Oklahoma Statutes.