OKDHS - OAC 340:110-1-5. Inquiries

340:110-1-5. Inquiries

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Revised 7-01-11

(a) Inquiries. An inquiry regarding licensing child care facilities is referred to the licensing staff in whose geographical area the inquirer is located.

(1) The referral includes the name, address, telephone number, and type of care the facility is giving or planning to give.
(2) Upon receipt of an inquiry, the licensing staff provides the inquirer with a copy of the applicable requirements and, when appropriate, refers facilities to other agencies involved in regulating child care facilities, such as the fire department, health department, and local city regulatory offices. • 1
(3) When the inquirer has informed licensing staff they are currently providing care for children, procedures in OAC 340:110-1-13 are followed. Licensing informs the inquirer they are not to provide care of children without permission to operate from Oklahoma Child Care Services (OCCS).

(b) Tribal facilities. Child care facilities on Indian tribal land do not require a state license but may request licensure. • 2 Facilities that are licensed by a tribe with whom OCCS has a cooperative licensing agreement and that care only for Indian children do not require a state license, but may request licensure.

(c) Federal facilities. Facilities operated on military bases or on federal property are exempt. • 3

(d) In-home caregiver. Family Support Services approves contracted child care when care is provided in the child’s own home. No license is required for this type of care.

(e) Inquiry records. Inquiry records are maintained in the licensing staff's office. Inquiry information is sent to the supervisor on request.

(f) Request for licensure. When the inquirer indicates an interest in becoming licensed, the licensing staff:

(1) determines the necessity for a license according to Section 403 of Title 10 of the Oklahoma Statutes. • 4 Additional exemptions for programs that are not designed or intended for child care include:
- (A) programs that operate less than eight weeks annually;
- (B) summer programs that operate less than eight hours per day;
- (C) programs where children are limited from enrolling in multiple sessions because of the type of activity or ages accepted;
- (D) programs where children are not enrolled by the parents and are free to come and go;
- (E) family child care homes that operate 15 hours per week or less; and
- (F) sponsors that operate two or more programs in the same building if each operates 15 hours or less per week;
(2) reviews the requirements with the inquirer to help decide whether requirements can be met;
(3) ascertains the qualifications of the inquirer to operate a facility; and
(4) provides consultation to assist in the development of a child care facility that provides quality care.

INSTRUCTIONS TO STAFF 340:110-1-5

Revised 7-1-11

1.   It is not licensing staff's responsibility to have knowledge of or enforce local ordinances, but refer facilities to local officials for specific ordinance information.

2.  The sheriff's or district attorney's office can usually identify Indian tribal land boundaries.

3.  Military base facilities may obtain a child care subsidy contract; however, they must be a one star plus level or higher. Staff responsible for the star program coordinate this with contracts. These facilities receive a license number unique to this circumstance.

4.  To determine exemptions from the Oklahoma Child Care Facilities Licensing Act, licensing staff refers to Section 403(A)(8) of Title 10 of the Oklahoma Statutes to determine whether the program is "designed or intended for child care."

(1) Exemptions include programs serving children three years of age and older offering elementary education in grades kindergarten through third grade. Home schooling is considered a private school and is exempt, including children three through five years of age. If licensed and home schooling is only a part of their program, all requirements must be met, including capacity. Home schooling of the caregiver's children or others, during the hours of child care is not considered other employment.

(2) A school-age program that operates two hours per day after school, during school holidays, and/or parent teacher conferences, but not during the summer months is exempt.

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