1. CALL TO ORDER – Chairman Brad Yarbrough
2. APPROVAL OF MINUTES – (February 28, 2012 and March 21, 2012)
3. DIRECTOR’S COMMENTS – Preston Doerflinger, Interim Director
4. DISCUSSION OF THE NORTHERN OKLAHOMA RESOURCE CENTER AT ENID AND THE SOUTHERN OKLAHOMA RESOURCE CENTER AT PAULS VALLEY – Chairman Yarbrough
5. CONSIDERATION AND POSSIBLE APPROVAL OF THE FEBRUARY FINANCIAL REPORT – Phil Motley, Chief Financial Officer
6. REPORT ON HUMAN SERVICES CENTER – Marq Youngblood, Chief Operating Officer
7. REPORT FROM OKLAHOMA CHILD CARE SERVICES – Leslie Blazer, Director
8. LEGISLATIVE REPORT – Sandra Harrison, Chief Administrative Officer
9. COMMITTEE REPORTS – Chairman Yarbrough
1. BUDGET COMMITTEE REPORT – Anne Roberts, Chair
2. PROPERTY COMMITTEE REPORT – Mike Peck, Chair
3. EVALUATION AND COMPENSATION REVIEW COMMITTEE REPORT – Chairman Yarbrough
4. ORGANIZATIONAL STRUCTURE COMMITTEE REPORT – Chairman Yarbrough
5. SPECIAL REVIEW COMMITTEE REPORT – Wes Lane, Chair
6. RULES COMMITTEE REPORT – Aneta Wilkinson, Chair
1. DISCUSSION AND POSSIBLE APPROVAL OF PROPOSED ADMINISTRATIVE RULES (see attached)
7. CHILD WELFARE PLAN COMMITTEE REPORT – Steven Dow, Chair
1. STATUS REPORT ON THE CHILD WELFARE PLAN (AKA THE PINNACLE PLAN) – Deborah Smith
2. DISCUSSION AND POSSIBLE APPROVAL OF THE PINNACLE PLAN FINAL SUBMISSION
8. DIRECTOR SEARCH COMMITTEE REPORT – Chairman Yarbrough
10. DISCUSSION AND POSSIBLE VOTE TO ENTER EXECUTIVE SESSION FOR THE FOLLOWING PURPOSE(S):
1. DISCUSSION OF THE FOLLOWING PERSONNEL MATTERS PURSUANT TO 25 0.S. 2011 § 307 (B)(1):
1. DISCUSSION OF A PERMANENT ADVOCATE GENERAL, THE DIRECTOR OF THE OFFICE OF CLIENT ADVOCACY – Chairman Yarbrough
2. REVIEW RESUME SUBMISSIONS FOR A PERMANENT DIRECTOR OF THE DEPARTMENT OF HUMAN SERVICES – Chairman Yarbrough
11. VOTE TO RETURN TO REGULAR SESSION
12. APPROVAL OF ADVOCATE GENERAL, THE DIRECTOR OF THE OFFICE CLIENT ADVOCACY
13. DISCUSSION AND POSSIBLE APPROVAL OF A PROCESS TO SELECT AN EXECUTIVE SEARCH FIRM TO ASSIST IN THE SELECTION OF A NEW AGENCY DIRECTOR – Chairman Yarbrough
14. NEW BUSINESS – Limited to any matter not known about or which could not have been reasonably foreseen prior to the time of posting.
15. DATE OF NEXT MEETING – April 24, 2012
16. ADJOURNMENT

Note:  The Commission may discuss, vote to approve, vote to disapprove, vote to table, or decide not to discuss any item on the agenda.

ITEM #  . Proposed Administrative Rules - Compiled
March 13, 2012
PROPOSED RULEMAKING ACTION
March 27, 2012

Part I. Permanent rule proposals not previously approved by the Oklahoma Commission for Human Services under emergency provisions of the Administrative Procedures Act.  When received, comments and Oklahoma Department of Human Services responses are summarized following agenda items.

A. CHAPTER 2. ADMINISTRATIVE COMPONENTS
Subchapter 1. Human Resources Management Division (HRMD)
Part 1. General Provision
OAC 340:2-1-8 [AMENDED]
Part 4. Alcohol and Drug Testing Policy Applicable to OKDHS Employees and Applicants
OAC 340:2-1-42 [AMENDED]
(Reference WF 12-03)

SUMMARY:  The proposed amendments to Chapter 2 Subchapter 1 amend the rules to: (1) remove an obsolete definition, add new definitions, and amend a definition as enacted by the Oklahoma State Legislature in House Bill (HB) 2033; and (2) make minor changes to clarify language.
     OAC 340:2-1-8 is amended to add the words "members of the employee's household or comparably situated persons," for clarity in accordance with Standard 257:20-1-1 of Chapter 62 of Title 74 of the Oklahoma Statutes.
     OAC 340:2-1-42 is amended, as required by HB 2033, to establish definitions of "for-cause" and "post-accident testing," eliminate the definition of "reasonable suspicion," and amend the definition of "review officer."

PERMANENT APPROVAL:  Permanent rulemaking approval is requested effective July 1, 2012.

AGENCY GOALS:  The proposed rules achieve Oklahoma Department of Human Services (OKDHS) goals by affirming the OKDHS mission to provide a safe work environment for clients and employees.

COST:  The probable cost to OKDHS includes the cost of printing and distributing the rules estimated to be less than $20.  The revised rules will result in enhanced delivery of services to clients and the citizens of Oklahoma in a safe and healthier environment.

AUTHORITY:  Commission for Human Services, Article XXV, Sections 2 and 4 of the Oklahoma Constitution; HB 2033; Section 554 of Title 40 of the Oklahoma Statutes; and Standard 257:20-1-1 of Chapter 62 of Title 74 of the Oklahoma Statutes.

B. CHAPTER 100. DEVELOPMENTAL DISABILITIES SERVICES DIVISION
Subchapter 5. Client Services
Part 3. Service Provisions
OAC 340:100-5-35 [AMENDED]
(Reference WF 12-02)

SUMMARY:  The proposed amendments to Chapter 100 Subchapter 5 amend the rule to:  (1) allow for exceptions for members of the Homeward Bound Waiver; and (2) clarify the monitoring requirements for non-residential Habilitation Training Specialist (HTS) services.
     OAC 340:100-5-35 is amended to:  (1) allow for exceptions to a 40 hour limitation of HTS for members of the Homeward Bound Waiver when services are provided by a HTS residing in the same home as the service recipient; and (2) clarify the monitoring requirements for non-residential HTS service providers.

PERMANENT APPROVAL:  Permanent rulemaking approval is requested effective July 1, 2012.

AGENCY GOALS:  The implementation of the proposed amendment will satisfy a settlement agreement.

COST:  The Oklahoma Department of Human Services probable cost includes the cost of printing and distributing the rule estimated to be less than $10.

AUTHORITY:  Commission for Human Services, Article XXV, Sections 2 and 4 of the Oklahoma Constitution.

C. CHAPTER 110. LICENSING SERVICES DIVISION
Subchapter 1. General Provisions
Part 1. Licensing Services – Child Care
OAC 340:110-1-6 [AMENDED]
OAC 340:110-1-8.3 [AMENDED]
OAC 340:110-1-8.4 through 340:110-1- 8.10 [NEW]
OAC 340:110-1-9 through 340:110-1-9.1 [AMENDED]
OAC 340:110-1-9.3 [AMENDED]
OAC 340:110-1-10.1 [AMENDED]
OAC 340:110-1-13 [AMENDED]
OAC 340:110-1-15 [AMENDED]
Part 3. Licensing Services – Residential Care and Agencies
OAC 340:110-1-44 [AMENDED]
OAC 340:110-1-46 [AMENDED]
OAC 340:110-1-47.2 [AMENDED]
OAC 340:110-1-54 through 340:110-1-54.1 [AMENDED]
(Reference WF 12-01)

SUMMARY:  The proposed amendments to Chapter 110 Subchapter 1 amend the rules to:  (1) clarify Oklahoma Child Care Services (OCCS) policy and practice and assist with the consistent enforcement of licensing requirements; (2) clarify grievance procedures; (3) revise the separation of criteria for the quality rating and improvement system from the approval process and procedures; and (4) revise and increase quality criteria for facilities participating in the differential quality rating system.
     OAC 340:110-1-6 is amended to indicate a revised application form that combined previous facility applications in an effort to simplify the application process and ensure accurate completion by the child care industry.  [Oklahoma Child Care Facilities Licensing Act, Section 404 and 405]
     OAC 340:110-1-8.3 is amended to clarify OCCS practice and separate quality rating and improvement certification criteria from approval and procedural processes, assisting the public and child care industry identify the certification criteria within the various star levels.  The proposed amendments include:  (1) revising the term training to professional development to encompass a higher education level; recognizing Head Start facilities in the Stars program that meet Head Start performance Standards; (2) assist in consistent monitoring by clarifying the certification review process, documentation of criteria violations, and necessary follow-up when observed during monitoring visits; (3) the deletion of a 24-month timeframe for facilities to participate at a one-star plus level; (4) movement of language from Instructions to Staff into rule clarifying alternative settlement processes; and (5) clarification of the administrative review process, assisting the child care industry in understanding why and when a review could be requested.  [Oklahoma Child Care Facilities Licensing Act, Section 401]
     Sections issued to identify the certification criteria to receive a differential quality rating are OAC 340:110-1-8.4 through 340:110-1-8.10.
     OAC 340:110-1-8.4 is issued to assist with identifying licensing status and compliance certification criteria.  [Oklahoma Child Care Facilities Licensing Act, Section 401]
     OAC 340:110-1-8.5 is issued to:  (1) assist with identifying administrative certification criteria; (2) increase criteria relating to administration and registration with the Oklahoma Professional Development Registry; (3) utilization of Oklahoma Core Competencies; and (4) revise facility policy and procedures manuals, improve staff communication, and development of professional development plans.  [Oklahoma Child Care Facilities Licensing Act, Section 401]
     OAC 340:110-1-8.6 is issued to assist with identifying director, staff, and primary caregiver qualification criteria and include training in Oklahoma's Early Learning Guidelines.  [Oklahoma Child Care Facilities Licensing Act, Section 401]
     OAC 340:110-1-8.7 is issued to:  (1) assist with identifying professional development certification criteria; and (2) require training in Oklahoma's Early Learning Guidelines.  [Oklahoma Child Care Facilities Licensing Act, Section 401]
     OAC 340:110-1-8.8 is issued to assist with identifying learning environment certification criteria and includes revisions:  addition of music and movement interest areas, engagement of physical activity, and limitation of screen time for children younger than two years of age.  [Oklahoma Child Care Facilities Licensing Act, Section 401]
     OAC 340:110-1-8.9 is issued to assist with identifying parent involvement certification criteria and includes revisions to increase parent conferences in child care centers and the expansion of resources provided to parents. [Oklahoma Child Care Facilities Licensing Act, Section 401]
     OAC 340:110-1-8.10 is issued to assist with identifying program evaluation certification criteria and includes revisions to the annual staff and parent survey and annual equipment inventory for child care centers.  [Oklahoma Child Care Facilities Licensing Act, Section 401]
     OAC 340:110-1-9 is amended to change a form.  [Oklahoma Child Care Facilities Licensing Act, Section 405]
     OAC 340:110-1-9.1 is amended to: (1) clarify OCCS practice regarding approvals of facilities for certification for the care of children with disabilities; (2) movement of language to clarify changes in facility personnel and appropriate documentation procedure; and (3) delete redundant policy.  [Oklahoma Child Care Facilities Licensing Act, Section 401]
     OAC 340:110-1-9.3 is amended to clarify:  (1) OCCS practice; (2) serious non-compliances regarding infant sleep environments; and (3) notifications to regional programs managers in regard to voluntary cease care. [Oklahoma Child Care Facilities Licensing Act, Section 404 and 406]
     OAC 340:110-1-10.1 is amended to clarify OCCS practice regarding referrals to the licensing records office, legal counsel, and procedures regarding Office of Client Advocacy investigations.  [Oklahoma Child Care Facilities Licensing Act, Section 404.1 and 405.3]
     OAC 340:110-1-13 is amended to clarify:  (1) OCCS practice regarding unlicensed investigation procedures and documentation; and (2) unlicensed follow-up timeframes.  [Oklahoma Child Care Facilities Licensing Act, Section 405]
     OAC 340:110-1-15 is amended to clarify grievance procedures and timeframes for response and allow for review by Child Care Advisory Committee.  [Oklahoma Child Care Facilities Licensing Act, Section 404]
     OAC 340:110-1-44 and 340:110-1-46 are amended to clarify OCCS practice with consistency in language.  [Oklahoma Child Care Facilities Licensing Act, Sections 405 and 406.1]
     OAC 340:110-1-47.2 is amended to clarify OCCS practice regarding documentation for non-compliances.  [Oklahoma Child Care Facilities Licensing Act, Section 404 and 406]
     OAC 340:110-1-54 is amended to clarify grievance procedures and timeframes for response and allow for review by Child Care Advisory Committee.  [Oklahoma Child Care Facilities Licensing Act, Section 404]
     OAC 340:110-1-54.1 is amended to clarify:  (1) OCCS practice and unlicensed investigation documentation regarding child placing agencies; and (2) unlicensed follow-up timeframes.  [Oklahoma Child Care Facilities Licensing Act, Section 405]

PERMANENT APPROVAL:  Permanent rulemaking approval is requested effective July 1, 2012.

AGENCY GOALS:  The proposed rules achieve Oklahoma Department of Human Service (OKDHS) goals by clarifying procedures that support and strengthen the family and protect its members, while improving systems and processes to achieve agency goals.

COST:  The revised rules require facilities participating in the differential quality rating system to register with the Oklahoma Professional Development Registry. There are no fees associated with child care facility registration.  Facility staff incure a $10 registration processing fee paid to the Center for Early Childhood Professional Development (CECPD) and there is no renewal fee as long as staff maintain active status on the Professional Development Registry.

AUTHORITY:  Commission for Human Services; Article XXV, Sections 2 and 4 of the Oklahoma Constitution; and Child Care Facility Licensing Act, Section 401 et seq. of Title 10 of the Oklahoma Statutes.