- CALL TO ORDER – Chairman Richard DeVaughn
- APPROVAL OF MINUTES – Feb. 24, 2009
- DIRECTOR’S COMMENTS – Howard Hendrick
- CONSIDERATION OF FINANCIAL REPORT FOR FEBRUARY – Phil Motley
- CONSIDERATION OF PROPOSED ADMINISTRATIVE RULES (See Attached) – Commissioner Aneta Wilkinson
- REPORT FROM CHILD CARE SERVICES – Mark Lewis (Warm Line: Dale Wares and Debra Andersen)
- REPORT ON HUMAN SERVICES CENTERS – Marq Youngblood (Area IV, Bryan County Practice Model: Rita Hart, County Director; Ange Edwards and Alice Curry, CWS IV Supervisors)
- LEGISLATIVE REPORT – Sandra Harrison
- DATE OF NEXT MEETING – April 28, 2009
- 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)
- STATUS REPORT ON PENDING LEGAL CLAIMS OR ACTIONS INCLUDING FEDERAL CIVIL RIGHTS, DISALLOWANCE AND PROVIDER CASES – Charles Waters
- STATUS REPORT ON INVESTIGATIONS RELATED TO CLIENT MISTREATMENT AND EMPLOYEE MISCONDUCT – Mark Jones
- RETURN TO REGULAR SESSION
- NEW BUSINESS
- ADJOURNMENT
ITEM #5. Proposed Administrative Rules - Compiled
March 10, 2009
PROPOSED RULEMAKING ACTION
March 24, 2009
Part I. Emergency rules subject to the Administrative Procedures Act.
A. CHAPTER 75. CHILD WELFARE
Subchapter 1. General Provisions of Child Welfare Services
Part 1. Scope and Applicability
OAC 340:75-1-12.2 [AMENDED]
Subchapter 6. Permanency Planning
Part 8. Role of the Child Welfare Worker
OAC 340:75-6-48 [AMENDED]
Subchapter 15. Adoptions
Part 14. Post Adoption Services
OAC 340:75-15-128.2 [AMENDED]
OAC 340:75-15-128.5 [AMENDED]
(Reference APA WF 09-06)
SUMMARY: The proposed revisions to Subchapters 1, 6, and 15 of Chapter 75 amend the rules to bring them into compliance with the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (House Resolution (H.R.) 6893 – Public Law (PL) 110-351) and Safe and Timely Interstate Placement of Foster Children Act of 2006 (H.R. 5403 – PL 109-239) to: (1) update supervision requirements for children in Interstate Compact on the Placement of Children (ICPC) placements; (2) update adoption assistance eligibility requirements; and (3) require assurances that children receiving Title IV-E adoption assistance are enrolled in school. Further revisions to Subchapter 1 clarify the eligibility criteria for an appeal of a confirmed finding of child abuse or neglect.
340:75-1-12.2 is amended to clarify the eligibility criteria for an appeal of a confirmed finding of child abuse or neglect.
340:75-6-48 is amended to update ICPC supervision requirement for children in facilities or in the custody of a parent or other legal guardian.
340:75-15-128.2 is amended to: (1) clarify and update eligibility requirements for Title IV-E adoption assistance; (2) delete obsolete language; and (3) provide for school enrollment assurance.
340:75-15-128.5 is amended to require annual assurance that children receiving adoption assistance payments are receiving an education or are incapable of attending school due to a documented medical condition.
EMERGENCY APPROVAL: Emergency rulemaking approval is requested as Oklahoma Department of Human Services (OKDHS) finds compelling public interest to bring the rules into compliance with the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (H.R. 6893 – PL 110-351) and Safe and Timely Interstate Placement of Foster Children Act of 2006 (H.R. 5403 – PL 109-239), and to clarify the appeal process for confirmed findings of child abuse and neglect. If the proposed revisions are not implemented immediately the agency will not be in compliance with federal mandates, children may be place at risk, and educational stability will not be monitored.
AGENCY GOALS: The proposed rules achieve OKDHS goals by providing services that support and strengthen the family and protect its members.
COST: The probable cost to OKDHS includes the cost of printing and distributing the rules, which is estimated to be less than $20. The revised rules will result in enhanced delivery of services to children in foster care and those receiving adoption assistance benefits.
PROPOSED EFFECTIVE DATE: June 1, 2009
AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; H.R. 6893 – PL 110-351; and H.R. 5403 – PL 109-239.
Part II. Permanent rule proposals which have not been previously approved by the Commission under emergency provisions of the Administrative Procedures Act. Any comments received during the comment period are summarized following the agenda item, along with the response from OKDHS.
A. CHAPTER 2. ADMINISTRATIVE COMPONENTS
Subchapter 1. Human Resources Management Division (HRMD)
Part 7. Recruitment, Selection, and Placement
OAC 340:2-1-83 [AMENDED]
(Reference WF 09-05)
SUMMARY: The purpose of the proposed revision to OAC 340:2-1-83 clarifies language for selecting employees in entry-level nonsupervisory positions.
PERMANENT APPROVAL: Permanent rulemaking approval is requested.
AGENCY GOALS: The proposed rules achieve Oklahoma Department of Human Services (OKDHS) goals by making language more understandable by the citizens of Oklahoma.
COST: The probable cost to OKDHS includes the cost of printing and distributing the rules, which is estimated to be less than $20.
AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; and 250 et seq. of Title 75 of the Oklahoma State Statutes.
B. CHAPTER 2. ADMINISTRATIVE COMPONENTS
Subchapter 3. Office of Client Advocacy
Part 1 Administration
OAC 340:2-3-1 through 340:2-3-2 [AMENDED]
Part 5 Grievances
OAC 340:2-3-45 through 340:2-3-48 [AMENDED]
OAC 340:2-3-50 through 340:2-3-51 [AMENDED]
OAC 340:2-3-54 [AMENDED]
Part 7 Grievance and Abuse Review Committee
OAC 340:2-3-64 [AMENDED]
Part 9 Advocacy Programs
OAC 340:2-3-71 through 340:2-3-75 [AMENDED]
(Reference WF 09-03)
SUMMARY: The proposed revisions to Subchapter 3 of Chapter 2 amend the rules to reflect the definition of maltreatment included in the Protective Services for Vulnerable Adults Act enacted by the Legislature last session. The revisions to 340:2-3-45 clarify the actions taken by the local grievance coordinator (LGC) and others when the grievance decisionmaker elects to accept or reject a proposed resolution; and amends the requirements for a LGC to improve accessibility to grievants or their representatives. The revisions to 340:2-3-48 through 54 establish a timeframe for notifying clients and their guardians or custodians when the designated LGC changes. The revisions to 340:2-3-64 clarify the process for submitting additional evidence for consideration of the Grievance and Abuse Review Committee. The revisions to 340:2-3-71 address the redundancy in notice to Office of Client Advocacy (OCA) advocates by eliminating the on-call system.
340:2-3-1 is amended to update language to current terminology.
340:2-3-2 is amended to define "maltreatment."
340:2-3-45 is amended to: (1) add clarifying language pertaining to the actions of the LGC when the grievance decisionmaker elects to accept or reject the proposed resolution; (2) require LGCs to be accessible to clients and have a primary work station in the State of Oklahoma; (3) update language to current terminology; and (4) add clarifying language.
340:2-3-46, 340:2-3-72, 340:2-3-73, and 340:2-3-75 are amended to: (1) update language to current terminology; and (2) add clarifying language.
340:2-3-47, 340:2-3-48, and 340:2-3-50 through 340:2-3-54 are amended to: (1) update language to current terminology; (2) add clarifying language; and (3) require the facility to notify clients and others of the name and contact information when the LGC changes.
340:2-3-64 is amended to: (1) allow grievants five days to submit additional evidence to the Grievance Abuse Review Committee (GARC) after requesting review of a grievance; (2) update language to current terminology; (3) add clarifying language; and (4) require the OCA grievance liaison to prepare a GARC review summary for all grievances under review.
340:2-3-71 is amended to: (1) eliminate the OCA on-call system which duplicates the efforts of other on-call systems; (2) update case names and numbers; (3) update language to current terminology; (4) add clarifying language; and (5) remove internal procedures from the rule.
340:2-3-74 is amended to: (1) update case names and numbers; (2) update language to current terminology; (3) add clarifying language; (4) remove the requirement that advocates attend Behavior Review Committee and Human Rights Committee meetings; and (5) increase number of advocate visits with their clients.
PERMANENT APPROVAL: Permanent rulemaking approval is requested.
AGENCY GOALS: The proposed rules achieve the Oklahoma Department of Human Services (OKDHS) goals by helping individuals and families in need help themselves lead safer, healthier, more independent and productive lives.
COST: The probable cost to OKDHS includes the cost of printing and distributing the rules, which is estimated to be less than $20.
AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; and Section 10-102 et seq. of Title 43A of the Oklahoma Statutes.
C. CHAPTER110. LICENSING SERVICES
Subchapter 1. General Provisions
Part 1. Licensing Services – Child Care
OAC 340:110-1-11 [AMENDED]
Subchapter 3. Licensing Standards for Child Care Facilities
Part 9. Requirements for Residential Childcare Facilities
OAC 340:110-3-146 through 340:110-3-147 [AMENDED]
OAC 340:110-3-150 through 340:110-3-154.3 [AMENDED]
OAC 340:110-3-154.5 [AMENDED]
OAC 340:110-3-157 [AMENDED]
OAC 340:110-3-163 through 340:110-3-165 [AMENDED]
OAC 340:110-3-165.1 [NEW]
OAC 340:110-3-166 through 340:110-3-169 [AMENDED]
(Reference APA WF 09-04)
SUMMARY: The proposed revisions amend the rules for licensing requirements for residential, children’s shelters, and residential treatment and secure care facilities. Those revisions relating to background investigations and liability insurance are reflective of changes in state statute during the 2008 legislative session. Other revisions include requirements increasing the health and safety of programs and residents as it relates to qualifications of staff, health and safety practices, fire safety, supervision of residents, use of restraints, and administrative policies of licensed facilities. Other Oklahoma Department of Human Services (OKDHS) policy revisions reflect clarification of procedure within division policy which will assist in consistent policy interpretation.
340:110-1-11 is amended to reflect clarification of division practice and procedure.
340:110-3-146 is amended to reflect new definitions used within the residential requirements.
340:110-3-147 is amended to reflect necessary approvals from OKDHS prior to residents being accepted into care.
340:110-3-150 is amended to reflect clarification of denial or revocation procedures.
340:110-3-151 is amended to reflect correction of citation of statute.
340:110-3-152 is amended to: (1) reflect revisions to administrative policy; (2) notification to licensing; (3) clarification of reporting obligation of child abuse; and (4) neglect of residential child care facilities.
340:110-3-153 is amended to reflect mandated legislative changes regarding minimum liability insurance coverage.
340:110-3-153.1 is amended to reflect revisions to: (1) qualification of executive director and program director; (2) legislative changes regarding criminal background investigations; and (3) staff orientation and training.
340:110-3-153.2 is amended to reflect revisions to clarify supervision of residents.
340:110-3-154 is amended to reflect revisions to admission policies.
340:110-3-154.1 is amended to reflect revisions: (1) regarding the movement of some health and safety requirements to a new section; and (2) training for staff in programs caring for children birth to five years of age.
340:110-3-154.2 is amended to reflect revisions with behavior management regarding physical restraint.
340:110-3-154.3 is amended to reflect revisions for disposing of medication.
340:110-3-154.5 is amended to correct specific citation language.
340:110-3-157 is amended to: (1) reflect revisions regarding the safety of house parent quarters in facilities; (2) and clarify language of requirements.
340:110-3-163 is amended to: (1) reflect revisions regarding prohibited types of fencing; and (2) clarification regarding lighting and windows.
340:110-3-164 is amended to reflect revisions regarding food service, food protection, communicable disease reporting, and sanitation of equipment and utensils.
340:110-3-165 is amended to reflect revisions to general fire safety.
340:110-3-165.1 is a new section created to reflect revisions regarding emergency preparedness for disaster planning and sleep positioning. Other revisions indicate the movement of requirements which previously existed in other sections.
340:110-3-166 is amended to reflect revisions for regimented residential programs regarding qualifications of executive director.
340:110-3-167 is amended to reflect revisions for children’s shelters regarding tuberculosis testing, supervision of residents, and admission policies.
340:110-3-168 is amended to reflect revisions for residential treatment facilities regarding supervision of residents, use of portable pools, and seclusion, mechanical and chemical restraints.
340:110-3-169 is amended to reflect revisions for secure care facilities regarding seclusion and mechanical restraint.
PERMANENT APPROVAL: Permanent rulemaking approval is requested.
AGENCY GOALS: The proposed rules achieve OKDHS goals by clarifying procedures that support and strengthen the family and protect its members. Rule revisions are also based upon legislative changes to Oklahoma Child Care Licensing Facilities Act and Section 404.3 of Title 10 of the Oklahoma Statutes effective Nov. 1, 2008. 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, which is estimated to be $1000. Training of division staff will be conducted by state office personnel. The revised rules will result in enhanced delivery of services having a positive impact on residents, families, and licensed facilities.
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; House Bill (HB) 2643; HB 2863; and Senate Bill (SB) 1601.
Part III. Adoption of Permanent Rules previously approved by the Commission under emergency provisions as required by the Administrative Procedures Act.
Emergency rules in effect on or before the first day of the legislative session are null and void on July 15 of the same year unless they are superseded by a permanent rule. Emergency rules may be approved any time during the year but permanent rules must be approved during the legislative session.
The following rules were previously approved by the Commission and have been approved by the Governor under emergency provisions of the Administrative Procedures Act (APA). Substantive changes from the emergency rules are proposed, and are highlighted. The APA requires the Commission to again vote on the rules after the Notice of Rulemaking Intent is published in the Oklahoma Register and the public comment period expires. The comment period has expired on the following rules; no comment was received. The proposed permanent rules will be submitted to the Governor and Legislature for approval if approved by the Commission as permanent rules.
A. CHAPTER 110. LICENSING SERVICES
Subchapter 1. General Provisions
Part 1. Licensing Services – Child Care
OAC 340:110-1-5 through 340:110-1-6 [AMENDED]
OAC 340:110-1-8.1 [AMENDED]
OAC 340:110-1-8.3 through 340:110-1-9 [AMENDED]
OAC 340:110-1-9.2 [AMENDED]
OAC 340:110-1-10 [AMENDED]
OAC 340:110-1-13 [AMENDED]
Part 3. Licensing Services – Residential Care and Agencies
OAC 340:110-1-45 [AMENDED]
OAC 340:110-1-47 through 340:110-1-47.1 [AMENDED]
OAC 340:110-1-51 [AMENDED]
OAC 340:110-1-54.1 [NEW]
Subchapter 3. Licensing Standards for Child Care Facilities
Part 1. Requirements for Child Care Centers
OAC 340:110-3-7.1 [AMENDED]
Part 5. Requirements for Family Child Care Homes and Large Family Child Care Homes
OAC 340:110-3-85 [AMENDED]
(Reference APA WF 09-04 & 08-12)
SUMMARY: The proposed revisions amend the rules for licensing requirements for residential, children’s shelters, residential treatment and secure care facilities. Those revisions relating to background investigations and liability insurance are reflective of changes in state statute during the 2008 legislative session. Other revisions include requirements increasing the health and safety of programs and residents as they relate to qualifications of staff, health and safety practices, fire safety, supervision of residents, use of restraints, and administrative policies of licensed facilities. Other Oklahoma Department of Human Services (OKDHS) policy revisions reflect clarification of procedure within division policy which will assist in consistent policy interpretation.
340:110-1-5 is amended to reflect clarification of division practice and procedure with regard to in-home caregiving.
340:110-1-6 is amended to reflect clarification of division practice and procedure when facilities are given permission to operate.
340:110-1-8.1 is amended to reflect clarification of division practice and procedure with regard to background investigations and waivers.
340:110-1-8.3 is amended to reflect clarification of training hours, professional organizations, and other division practice and procedure.
340:110-1-9 is amended to: (1) reflect clarification of division practice and procedure regarding changes in director, primary caregiver, and ownership; and (2) clarify procedures with inactive facilities.
340:110-1-9.2 is amended to reflect clarification of division practice and procedure regarding the preparation of the summary of facts for complaint investigations.
340:110-1-10 is amended to reflect clarification of division practice and procedure.
340:110-1-13 is amended to reflect clarification of division practice and procedure regarding unlicensed facilities.
340:110-1-45 is amended to reflect clarification of division practice and procedure when facilities are given permission to operate.
340:110-1-47 is amended to reflect clarification of division practice and procedure regarding the number of required monitoring visits and changes of ownership.
340:110-1-47.1 is amended to reflect clarification of division practice and procedure regarding the preparation of the summary of facts for complaint investigations.
340:110-1-51 is amended to reflect clarification of division practice and procedure with regard to background investigations and waivers.
340:110-1-54.1 is amended to reflect clarification of division practice and procedure regarding unlicensed facilities.
340:110-3-7.1 and 340:110-3-85 are amended to reflect clarifications regarding background investigations.
PERMANENT APPROVAL: Permanent rulemaking approval is requested.
AGENCY GOALS: 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. Rule revisions are based upon legislative changes to Oklahoma Child Care Licensing Facilities Act and Section 404.3 of Title 10 of the Oklahoma Statutes. Revisions to Child-Placing Agencies are reflective of Adam Walsh Child Protection Safety Act.
COST: The probable cost to OKDHS includes the cost of printing and distributing the rules, which is estimated to be $53,000 which allows for the printing and distribution of revised licensing requirements to OKDHS staff and 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.
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; House Bill (HB) 2643; HB 2863; Senate Bill (SB) 1601; and the Adam Walsh Child Protection Safety Act.
Part IV. Adoption of Permanent Rules previously approved by the Commission under emergency provisions as required by the Administrative Procedures Act.
Emergency rules in effect on or before the first day of the legislative session are null and void on July 15 of the same year unless they are superseded by a permanent rule. Emergency rules may be approved any time during the year but permanent rules must be approved during the legislative session.
The following rules were previously approved by the Commission and have been approved by the Governor under emergency provisions of the Administrative Procedures Act (APA). The APA requires the Commission to again vote on the rules after the Notice of Rulemaking Intent is published in the Oklahoma Register and the public comment period expires. The comment period has expired on the following rules; no comment was received, and no substantive revision of the emergency rules is proposed. The proposed permanent rules are to be submitted to the Governor and Legislature for approval if approved by the Commission as permanent rules.
A. CHAPTER 10. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF)
Subchapter 2. Temporary Assistance for Needy Families (TANF) Work Program
OAC 340:10-2-8 [AMENDED]
(Reference APA WF 09-01)
SUMMARY: The purpose of the proposed rule is to amend Temporary Assistance for Needy Families (TANF) rules in accordance with the Deficit Reduction Act of 2005. Proposed amendments to OAC 340:10-2-8: (1) increase the daily participation allowance paid to TANF recipients when they participate in most TANF Work activities; and (2) add clarifying language.
PERMANENT APPROVAL: Permanent rulemaking approval is requested.
AGNECY GOALS: The proposed rules support the Oklahoma Department of Human Services (OKDHS) mission to help individuals and families in need help themselves and administer public resources in a fiscally responsible and ethical manner.
COST: The anticipated printing and distributing cost for the proposed rules is $10. The TANF budget is sufficient to pay for the increase in the participant allowance without asking for an increase in the current TANF budget.
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 Code of Federal Regulations (CFR).
EMERGENCY RULE APPROVAL DATE: WF 09-01 was previously approved as an emergency rule by the Commission on Feb. 24, 2009. The Governor's approval is pending.
B. CHAPTER 105. AGING SERVCES DIVISION
Subchapter 10. Policies and Procedures Manual for Title III of the Older Americans Act of 1965, as Amended
Part 1. Introduction
OAC 340:105-10-3 [AMENDED]
Part 3. State Agency
OAC 340:105-10-12 through 105-10-13 [AMENDED]
Part 5. Area Agencies on Aging
OAC 340:105-10-32 [AMENDED]
OAC 340:105-10-36 through 105-10-38 [AMENDED]
OAC 340:105-10-40 [AMENDED]
Part 7. Program Standards for Services Funded Under Title III
OAC 340:105-10-50.1 [AMENDED]
OAC 340:105-10-54 [AMENDED]
OAC 340:105-10-71 [AMENDED]
OAC 340:105-10-75 [AMENDED]
OAC 340:105-10-90.1 [AMENDED]
Part 9. Fiscal and Administrative Policies for Area Agencies on Aging and Title III Projects
OAC 340:105-10-96 [AMENDED]
OAC 340:105-10-101 [AMENDED]
(Reference APA WF 08-06)
SUMMARY: The proposed revisions to Subchapter 10 of Chapter 105 amend the rules to: (1) comply with the Older Americans Act, as amended in 2006 (Public Law 109-365), including definitions of terms, eligibility for the National Family Caregiver Support Program (NFCSP), clarification of services available and of the target population to be served; (2) include recent amendments to the State Council on Aging By-laws increasing the number of members from 29 to 31 and adding to the list of entities eligible for membership; and (3) comply with Section 1247 of Title 21 of the Oklahoma Statutes (21 O.S. § 1247) requiring public facilities be smoke free.
PERMANENT APPROVAL: Permanent rulemaking approval is requested.
AGNECY GOALS: The proposed rules achieve OKDHS goals by helping individuals and families in need help themselves lead safer, healthier, more independent, and productive lives.
COST: The probable cost to OKDHS includes the cost of printing and distributing the rules, which is estimated to be less than $20.
AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; Older Americans Act, as amended in 2006; Oklahoma State Council on Aging By-laws; and 21 O.S. § 1247.
EMERGENCY RULE APPROVAL DATE: WF 08-06 was previously approved as an emergency rule by the Commission on March 25, 2008 and by the Governor on May 8, 2008.
C. CHAPTER 110. LICENSING SERVICES
Subchapter 1. General Provisions
Part 1. Licensing Services – Child Care
OAC 340:110-1-4.1 [AMENDED]
OAC 340:110-1-8 [AMENDED]
OAC 340:110-1-9.3 [AMENDED] through OAC 340:110-1-9.4 [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 [AMENDED]
OAC 340:110-1-46 [AMENDED]
OAC 340:110-1-47.2 [AMENDED]
OAC 340:110-1-52 [AMENDED]
Subchapter 3. Licensing Standards for Childcare Facilities
Part 1. Requirements for Child Care Centers
OAC 340:110-3-3 [AMENDED]
OAC 340:110-3-5 [AMENDED] through OAC 340:110-3-6 [AMENDED]
Part 2. Requirement for Part-Day Children's Programs
OAC 340:110-3-37 [AMENDED]
OAC 340:110-3-39 [AMENDED] through OAC 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 340:110-3-88 [AMENDED]
OAC 340:110-3-89.1 [AMENDED]
Part 14. Requirements For School-Age Programs
OAC 340:110-3-222 [AMENDED] through OAC 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 [AMENDED] through OAC 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.
PERMANENT APPROVAL: Permanent rulemaking approval is requested.
AGENCY GOALS: The proposed rules achieve Oklahoma Department of Human Services (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. Rule revisions are based upon legislative changes to Oklahoma Child Care Licensing Facilities Act and Section 404.3 of Title 10 of the Oklahoma Statutes. Revisions to child-placing agencies are reflective of Adam Walsh Child Protection Safety Act.
COST: The probable cost to OKDHS includes the cost of printing and distributing the rules, which is estimated to be $52,000 which allows 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.
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; House Bill (HB) 2643; HB 2863; Senate Bill 1601; and the Adam Walsh Child Protection and Safety Act.
EMERGENCY RULE APPROVAL DATE: WF 08-12 was previously approved as an emergency rule by the Commission on Oct. 28, 2008 and by the Governor on Nov. 20, 2008.