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OKDHS Home > Divisions/Offices > Oklahoma Commission for Human Services > Agendas > 2008 > October Commission for Human Services Agenda
October Commission for Human Services Agenda
AGENDA
OKLAHOMA COMMISSION FOR HUMAN SERVICES
Oct. 28, 2008
9:30 a.m. – Room C-48 – Sequoyah State Office Building
Oklahoma City, Oklahoma
  1. CALL TO ORDER – Vice Chairman Ron Mercer
  2. APPROVAL OF MINUTES – September 23, 2008
  3. DIRECTOR’S COMMENTS – Howard Hendrick
  4. CONSIDERATION OF FINANCIAL REPORT FOR SEPTEMBER – Phil Motley
  5. CONSIDERATION OF PROPOSED ADMINISTRATIVE RULES (See Attached) – Commissioner Aneta Wilkinson
  6. ANNUAL REPORT AND STRATEGIC PLAN – Connie Schlittler; Tamika Burrough
  7. REPORT ON HUMAN SERVICES CENTERS – Marq Youngblood (Area VI:  Lynn Sossaman, Director of Child Protection Coalition, Tulsa)
  8. DATE OF NEXT MEETING – December 2, 2008
  9. MEETING DATES FOR 2009:
    January 27 February 24
    March 24 April 28
    May  21-(Thur.) June 16
    July 28 September 29
    October 27 December 1
  10. 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)
    1. STATUS REPORT ON PENDING LEGAL CLAIMS OR ACTIONS INCLUDING FEDERAL CIVIL RIGHTS, DISALLOWANCE AND PROVIDER CASES – Charles Waters
    2. STATUS REPORT ON INVESTIGATIONS RELATED TO CLIENT MISTREATMENT AND EMPLOYEE MISCONDUCT – Mark Jones
  11. RETURN TO REGULAR SESSION
  12. NEW BUSINESS
  13. ADJOURNMENT

ITEM #5. Proposed Administrative Rules - Compiled
October 14, 2008
PROPOSED RULEMAKING ACTION
October 28, 2008

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

  1. Chapter 75. Child Welfare
    Subchapter 7.Kinship Placements
    Part 2. Development of Resources
    OAC 340:75-7-24 [AMENDED
    (Reference APA WF 08-11)

    SUMMARY:  The proposed revisions to Subchapter 7 of Chapter 75 amend the rules to provide information regarding the kinship start-up stipend now available to certain kinship families.

    340:75-7-24 is revised to provide information regarding the kinship start-up stipend now available to certain kinship families.

    EMERGENCY APPROVAL:  Emergency rulemaking approval is requested as OKDHS finds compelling public interest to inform kinship families and agency staff of a financial resource now available to certain kinship families fostering a child or sibling group.

    AGENCY GOALS:  The proposed rules improve systems and processes to achieve OKDHS goals.

    COST:  The probable cost to OKDHS is approximately $1,218,190.00 per year.  The cost of printing and distributing the rules is estimated to be less than $20.  Funds are currently available in the agency budget to cover these costs.  The revised rules will result in enhancing stabilization of placements for children and sibling groups. 

    PROPOSED EFFECTIVE DATE:  Immediately upon Governor's approval or November 1, 2008, whichever is later.

    AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; and Title 10 of the Oklahoma Statutes.
  2. CHAPTER 110. Oklahoma Child Care Services
    Subchapter 1. General Provisions
    Part 1. Licensing Services – Child Care
    OAC 340:110-1-4.1. through 340:110-1-6. [AMENDED]
    OAC 340:110-1-8. through 340:110-1-8.3. [AMENDED]
    OAC 340:110-1-9. [AMENDED]
    OAC 340:110-1-9.2 through 340:110-1-9.4. [AMENDED]
    OAC 340:110-1-10. [AMENDED]
    OAC 340:110-1-13. [AMENDED]
    OAC 340:110-1-17. [AMENDED]
    Part 3. Licensing Services – Residential Care and Agencies
    OAC 340:110-1-43.1. [AMENDED]
    OAC 340:110-1-44. through 340:110-1-47.2. [AMENDED]
    OAC 340:110-1-51. through 340:110-1-52. [AMENDED]
    OAC 340:110-1-54.1. [NEW]
    Subchapter 3. Licensing Standards for Child Care Facilities
    Part 1.  Requirements for Child Care Centers
    OAC 340:110-3-3. [AMENDED]
    OAC 340:110-3-5. through 340:110-3-5.1. [AMENDED]
    OAC 340:110-3-6. [AMENDED]
    OAC 340:110-3-7.1. [AMENDED]
    Part 2. Requirement for Part-Day Children's Programs
    OAC 340:110-3-37. [AMENDED]
    OAC 340:110-3-39. through 340:110-3-42. [AMENDED]
    Part 5. Requirements for Family Child Care Homes and Large Family Child Care Homes
    OAC 340:110-3-82. [AMENDED]
    OAC 340:110-3-85. [AMENDED]
    OAC 340:110-3-88. [AMENDED]
    OAC 340:110-3-89.1. [AMENDED]
    Part 14. Requirements For School-Age Programs
    OAC 340:110-3-222. through 340:110-3-226. [AMENDED]
    Subchapter 5. Requirements for Child-Placing Agencies
    Part 1. Requirements for Child-Placing Agencies
    OAC 340:110-5-4. [AMENDED]
    OAC 340:110-5-6. through 340:110-5-8. [AMENDED]
    OAC 340:110-5-12. [AMENDED]
    Part 3. Requirements for Adoption Agencies
    OAC 340:110-5-30. [AMENDED]
    Part 5. Requirements for Foster Home Agencies
    OAC 340:110-5-57. [AMENDED]
    OAC 340:110-5-61.1. [AMENDED]
    (Reference APA WF 08-12)

    SUMMARY:      The proposed revisions amend the rules for licensing requirements for child care centers, part-day programs, family child care homes and large family child care homes, school-age programs, and child placing agencies relating to background investigations and parent notification regarding liability insurance.  Other revisions include Oklahoma Child Care Services policy and procedures relating to background investigations, parent notification regarding liability insurance, and unlicensed facilities.  Revisions are reflective of changes in state statute during the 2008 legislative session.

    340:110-1-4.1 is amended to reflect deletion of division forms. New forms were developed with regard to documentation of liability insurance, background investigations, referrals to CLEET-certified officers, and district attorneys.

    340:110-1-5 is amended to reflect new procedures regarding temporary authorization for child care facilities.

    340:110-1-6 is amended to reflect new procedures regarding temporary authorization for child care facilities.

    340:110-1-8 is amended to reflect a child care facility’s compliance with specified requirements for background investigations and liability insurance documentation as it relates to permit and license issuance.

    340:110-1-8.1 is amended to reflect revisions to procedures for background investigations for child care facilities.

    340:110-1-8.3 is amended to reflect revisions to non-compliances that may be considered as serious.

    340:110-1-9 is amended to reflect revisions of on-going monitoring of child care facilities with regard to background investigations and liability insurance documentation.  Revisions also clarify documentation necessary when a change in primary caregiver occurs.

    340:110-1-9.2 is amended to reflect the addition of categories to Risk Level 1 complaints to include operating an unlicensed facility, violating an Emergency Order, staff lacking cardio-pulmonary resuscitation/first aid training, and failure to obtain necessary background investigations.

    340:110-1-9.3 is amended to reflect revisions to non-compliances that may be considered as serious.

    340:110-1-9.4 is amended to reflect revisions of the issuance of an Emergency Order when an unlicensed facility continues to operate.  Revisions also include acquiring the assistance of CLEET-certified officers that may issue fines to unlicensed facilities when violation of an Emergency Order occurs.

    340:110-1-10 is amended to reflect revisions regarding procedures of the issuance of an Emergency Order when a facility’s license has been denied or revoked and continues to operate.  Revisions also include acquiring the assistance of CLEET-certified officers that may issue fines to facilities when violation of an Emergency Order occurs.

    340:110-1-13 is amended to reflect revisions regarding the operation of unlicensed facilities, issuances of Emergency Orders, and assistance of CLEET-certified officers.

    340:110-1-17 is amended to reflect revisions to Child Care Advisory by-laws specifically with term limits for officers/advisory members and the establishment of a membership subcommitte.

    340:110-1-43.1 is amended to reflect deletion of division forms.  New forms were developed with regard to documentation of liability insurance, background investigations, referrals to CLEET-certified officers, and district attorneys.

    340:110-1-44 is amended to reflect new procedures regarding temporary authorization for child care facilities.

    340:110-1-45 is amended to reflect new procedures regarding temporary authorization for child care facilities.

    340:110-1-46 is amended to reflect a child care facility’s compliance with specified requirements for background investigations and liability insurance documentation as it relates to permit and license issuance.

    340:110-1-47 is amended to reflect revisions of on-going monitoring of child care facilities with regard to background investigations and liability insurance documentation.

    340:110-1-47.1 is amended to reflect the addition of categories to Risk Level 1 complaints to include operating an unlicensed facility, violating an Emergency Order, staff lacking cardio-pulmonary resuscitation/first aid training, and failure to obtain necessary background investigations.

    340:110-1-47.2 is amended to reflect revisions to language associated with injunctions.

    340:110-1-51 is amended to reflect revisions to procedures for background investigations for child care facilities.

    340:110-1-52 is amended to reflect revisions regarding procedures of the issuance of an Emergency Order when a facility’s license has been denied or revoked and continues to operate.  Revisions also include acquiring the assistance of CLEET-certified officers that may issue fines to facilities when violation of an Emergency Order occurs.

    340:110-1-54.1 is amended to reflect revisions regarding the operation of unlicensed facilities, issuances of Emergency Orders, and assistance of CLEET-certified officers.

    340:110-3-3 is amended to reflect clarification of needed authorization by OKDHS when providing care for children.

    340:110-3-5 is amended to reflect notification regarding changes in liability insurance.

    340:110-3-5.1 is amended to reflect procedures regarding documentation for liability insurance.

    340:110-3-6 is amended to reflect procedures regarding documentation for liability insurance and background investigations.

    340:110-3-7.1 is amended to reflect revisions to procedures regarding background investigations.

    340:110-3-37 is amended to reflect clarification of needed authorization by OKDHS when providing care for children.

    340:110-3-39 is amended to reflect notification regarding changes in liability insurance.

    340:110-3-40 is amended to reflect procedures regarding documentation for liability insurance.

    340:110-3-41 is amended to reflect procedures regarding documentation for liability insurance and background investigations.

    340:110-3-42 is amended to reflect revisions to procedures regarding background investigations.

    340:110-3-82 is amended to reflect clarification of needed authorization by OKDHS when providing care for children.

    340:110-3-85 is amended to reflect procedures regarding documentation for background investigations, notification of changes in liability insurance, and revisions to procedures regarding background investigations.

    340:110-3-88 is amended to reflect procedures regarding documentation for liability insurance and background investigations.

    340:110-3-89.1 is amended to reflect procedures regarding documentation for liability insurance.

    340:110-3-222 is amended to reflect clarification of needed authorization by OKDHS when providing care for children.

    340:110-3-223 is amended to reflect notification regarding changes in liability insurance.

    340:110-3-224 is amended to reflect procedures regarding documentation for liability insurance.

    340:110-3-225 is amended to reflect procedures regarding documentation for liability insurance and background investigations.

    340:110-3-226 is amended to reflect revisions to procedures regarding background investigations.

    340:110-5-4 is amended to reflect clarification of needed authorization by OKDHS when providing care for children.

    340:110-5-6 is amended to reflect notification regarding changes in liability insurance.

    340:110-5-7 is amended to reflect minimum insurance coverage.

    340:110-5-8 is amended to reflect revisions to procedures regarding background investigations.

    340:110-5-12 is amended to reflect procedures regarding documentation for background investigations.

    340:110-5-30 is amended to reflect applicable statutes for background investigations affecting adoptive families.

    340:110-5-57 is amended to reflect revisions to procedures regarding background investigations for foster families.

    340:110-5-61.1 is amended to reflect revisions to background investigations.

    EMERGENCY APPROVAL:  Emergency rulemaking approval is requested as OKDHS finds an imminent peril to the preservation of the public health, safety, or welfare of children in child care facilities.  Licensed facilities are required to meet new legislative mandates. Health and safety of children could be jeopardized if revisions were not implemented.

    AGENCY GOAL:  The proposed rules achieve OKDHS goals by clarifying procedures that support and strengthen the family and protect its members.  Rule revisions also improve systems and processes to achieve agency goals.

    COST:  The probable cost to OKDHS includes the cost of printing and distributing the rules, estimated to be $52,000 for the printing and distribution of revised licensing requirements to all affected facilities. Training of division staff will be conducted by state office personnel.  The revised rules will result in enhanced delivery of services to have a positive impact on families and licensed facilities.

    PROPOSED EFFECTIVE DATE: Immediately upon Governor's approval or November 1, 2008, whichever is later.

    AUTHORITY:  Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; Child Care Facility Licensing Act; Section 401 et seq. of Title 10 of the Oklahoma Statutes; Section 589 of Title 57 of the Oklahoma Statutes; HB 2643; HB 2863; SB 1601; and the Adam Walsh Child Protection and Safety Act.


Last Updated:  6/30/2010
Oklahoma Department of Human Services
Street address: Sequoyah Memorial Office Building, 2400 N. Lincoln Blvd., Oklahoma City, OK 73105
Mailing address: P.O. Box 25352, Oklahoma City, OK 73125
(405) 521-3646
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