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340:110-1-6. Application process

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Revised 11-20-08

(a) Application. The licensing staff provides the appropriate application to persons interested in licensure. • 1

(1) If requested, a family child care home application is filed and a license issued to a caregiver and spouse. References are obtained for both persons, and both must demonstrate compliance with requirements. A primary caregiver must be identified. • 2
(2) Proof of ownership must be provided according to Oklahoma Department of Human Services (OKDHS) Appendix L-7, Ownership Proof Chart, for a:
- (A) child care center; or
- (B) family child care home.
(3) Care may be provided in a location other than the caregiver’s primary residence. • 3 and 4
(4) Contact is made by phone every two months and documented on Form 07LC080E, Licensing Services Supplemental Information, when children have not been accepted into care.

(b) Permission to Operate. The facility may be granted permission to operate on application status. If the licensing staff determines that an applicant is temporarily unable to comply with all licensing requirements, but the services are needed and the non-compliance does not place children at risk of imminent harm, these situations are staffed with the regional program manager for permission to operate. Permission to operate can not exceed 30 days.

(c) Child care provider contract. The licensing staff advises the child care facility of the opportunity to contract with OKDHS for the care of children whose families receive child care assistance, per OAC 340:40-13-5. The licensing staff documents that a child care contract promotional flyer is provided to the facility with contact information for the county child care liaison. • 5

(1) OKDHS may contract with a child care facility in another state when a client residing near the Oklahoma border elects to use an out‑of-state facility.
(2) The licensing staff responsible for the county in which the client resides verifies the facility is licensed or registered and in compliance with the Civil Rights Act by contacting the state agency responsible for licensing.

(d) Reopening a family child care home case. If a family child care home has been closed for less than one year and had a record of compliance prior to closure, the licensing staff may recommend license issuance after one compliant monitoring visit, utilizing previous references. Background investigations must have been obtained within the last year.

(e) Reopening a child care center, part-day children's program, or school-age program. If a child care center has been closed and the same owner wishes to reopen, a new application must be completed. • 6

(1) Fire and health inspections completed within the last 12 months may be used, unless concerns exist.
(2) If the facility has been closed less than one year:
- (A) previously obtained director references may be used; and
- (B) with a record of compliance prior to closure, the licensing staff may recommend license issuance after one compliant monitoring visit.

(f) Computer checks on license applicants. Computer checks to identify prior involvement with OKDHS are completed on required persons as in accordance with OAC 340:110-1-8.1.

(g) Family child care homes approved to provide foster care. A caregiver approved to provide kinship foster care may be licensed as a family child care home. No other foster care placement will be approved. The caregiver cannot be licensed if approved for therapeutic foster care in accordance with OAC 340:75-7-19. The approval for dual service is made by the licensing supervisor in writing prior to each child placement, based upon the recommendation of the licensing staff and foster care staff of the child-placing agency. When a joint consensus is not achieved, either division may request a review by the dual approval committee for a final decision. • 7 The decision for approval is:

(1) based upon the number, ages, and specific needs of children potentially eligible for child care and foster care and receipt of a written agreement from the caregiver stating the individual(s) from whom the child was removed will not be present during the hours of child care;
(2) documented in the case record; and
(3) reviewed with the provider and foster care worker at least once per year or more often if concerns exist.

(h) Withdrawal of application. If a child care facility applicant wishes to withdraw the application prior to issuance of a license and the licensing staff confirms that no children are in care, the licensing staff may close the case unless negative action is warranted.

INSTRUCTIONS TO STAFF 340:110-1-6

Revised 11-20-08

1.  (a) The appropriate applications are:

(1) Form 07LC042E, Request for License - Family Child Care Home and Large Child Care Home; or

(2) Form 07LC004E, Request for License - Child Care Facility, which is used by centers, part-day children's programs, and school-age programs.

(b) Upon receipt of a complete application, the licensing staff enters available information into the database and obtains a case number. An application is considered complete when the following procedures are met:

(1) all necessary items of information are complete on the application; and

(2) all supporting documentation has been provided.

(c) Licensing staff verifies identification for family child care applicants by observing a photo identification. A copy of the photo identification is requested and placed in the public licensing record with any confidential information purged.

(d) For a family child care home applicant operating as a sole proprietor, the license is issued in the caregiver's legal name as it appears on the caregiver's Social Security card as verified by licensing staff.

2.  When the license is issued to a caregiver and spouse, it is not required that both caregivers be present in the home and providing care at all times, provided two adults are not needed to meet the required adult-child ratio. If one or both caregivers are employed outside the home, one caregiver must be present in the home during hours of care.

3.  When care is provided in a structure on the same property as the caregiver's residence, an alternative compliance is not required. If any part of the main residence is used for child care, the monitoring visit includes the main residence.

4.  If a caregiver wishes to provide care in a location that is not a residential family home, an alternative method of compliance must be requested. If a caregiver wishes to provide care in a residential family home other than the caregiver's permanent residence, an alternative method of compliance is not required, and the procedures in (1) through (7) apply.

(1) The caregiver provides an application that indicates the location of care and the permanent address of the caregiver.

(A) Household members who reside at the location of care are listed on the application and all adults are required to sign. The caregiver's spouse who resides at the permanent address is not required to sign the application.

(B) If the spouse's signature is obtained, a computer check to identify prior involvement with OKDHS is completed.

(C) If the application is a change of address for an existing license, refer to OAC 340:110-1-9(g).

(2) Licensing staff documents an explanation of this arrangement on Form 07LC080E, Licensing Services Supplemental Information.

(3) The caregiver signs an agreement that child care will not be provided at the caregiver's permanent address.

(4) Documentation of criminal background checks is obtained on all adults who reside in the home where child care is provided and on other adults who have access to children in care on a regular basis.

(5) Any child 12 years of age or younger who does not live in the home where care is provided is counted in the capacity if the child is present during the hours of child care.

(6) This residence is not approved for child care if it is approved for foster care.

(7) Overnight care is not approved in an alternative residence.

5.  The Family Support Services (FSS) county child care liaison provides training to the provider on the claims process and offers a contract to the provider. If there is information regarding a criminal conviction or fiscal mismanagement such as inaccurate reporting to Oklahoma Department of Human Services (OKDHS) or other agencies, a copy of the report is sent to the county FSS child care liaison. Refer to OAC 340:110-1-8.1(g)(3).

6.  If the location and the ownership remain the same, the same case number may be used. The record clearly reflects the closure and reopening of the facility.

7.   The dual approval committee consists of representatives from state office Children and Family Services Division, Field Operations Division, and Oklahoma Child Care Services.

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