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340:110-1-8. Types of issuance
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Revised 11-20-08
(a) Six-month permit. New child care centers, part-day children's programs, school‑age programs, and family child care homes may be issued a six-month permit. The primary purpose of a permit is to provide an opportunity for the Oklahoma Department of Human Services (OKDHS) Oklahoma Child Care Services (OCCS) licensing staff to evaluate the facility's ability to comply with minimum licensing requirements on an ongoing basis, and to provide a legal basis to contract with OKDHS and receive Child Care Food Program funding.
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(1) The licensing staff may recommend a permit when the facility is in compliance with critical requirements regarding background investigations, required number of qualified staff, required training, hazards indoors or outdoors, liability insurance coverage, adequate equipment, fencing, playground safety, fire safety, or other areas affecting children's safety. The owner's previous history of licensing compliance is considered.
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(2) The licensing staff makes a complete monitoring visit documenting compliance with critical requirements no more than 60 days prior to issuance of the six-month permit.
(b) Documentation for six-month permit.
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(1) Child care centers, part-day children's programs, and school-age programs. Items required to be on file for issuance of a six-month permit are:
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(A) Form 07LC004E, Request for License - Child Care Facility;
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(B) verification of approved director credential and required master teachers;
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(C) Form 07LC002T, Staff Summary;
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(D) Form 07LC041E, Staff Information - Child Care Facility, for each staff person;
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(E) Form 07LC057E, Physical Plant, including drawing and calculation;
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(F) verification of adequate equipment for the recommended capacity; • 1(G) documentation of fire department approval within the previous 12 months; • 2 -
(H) documentation of health approval within the previous 12 months if meals are prepared and served; • 3 -
(I) Form 07LC003E, Monitoring Report – Child Care Center, Form 07LC010E, Monitoring Report – Part-Day Children's Program, or Form 07LC023E, Monitoring Report – School-Age Program;
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(J) all required background investigations in accordance with OAC 340:110‑1‑8.1; and
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(K) Form 07LC092E, Insurance Verification, or Form 07LC094E, Insurance Exception Licensing Notification. • 4
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(2) Family child care homes. The items required to be on file for issuance of a six‑month permit for a family child care home are:
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(A) Form 07LC042E, Request for License – Family Child Care Home and Large Child Care Home;
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(B) Form 07LC086E, Staff Information - Family Child Care Home, for primary caregiver;
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(C) Form 07LC086E, Staff Information - Family Child Care Home for assistants and substitutes, prior to their employment;
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(D) Form 07LC014E, Monitoring Report - Family Child Care Home;
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(E) documentation of fire department approval within the previous 12 months for a large family child care home operating in a mobile home;
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(G) Form 07LC092E, Insurance Verification or Form 07LC094E, Insurance Exception Licensing Notification.
(c) Second and subsequent six-month permits. If additional six-month permits are recommended, the procedures in this subsection are followed. • 5
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(1) The licensing staff consults with the licensing supervisor prior to recommending a second permit.
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(2) The licensing supervisor consults with the licensing regional programs manager (RPM) before recommending the issuance of a third permit.
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(3) The licensing RPM consults with the statewide licensing coordinator or designee before recommending the issuance of a fourth or subsequent permit.
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(4) The licensing staff sends a letter to the applicant notifying him or her of the recommendation each time a second or subsequent permit is recommended. The reason for the recommendation is clearly stated in the letter, with each area of non‑compliance listed separately.
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(5) If the permit is due to numerous, repeated, or serious non‑compliance with requirements, the licensing staff visits the facility at least monthly and is accompanied, when possible, by a witness. If at any point the non-compliance indicates the facility is unable or unwilling to meet licensing requirements, the statewide licensing coordinator or designee is consulted to discuss negative sanctions.
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(6) If requirements are met before the expiration of the six-month permit, the issuance of a license may be recommended.
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(7) If children have not been in care on a regular basis during the previous year, the applicant is asked to withdraw his or her application.
(d) Issuance of license. A license is issued after OKDHS has investigated the activities and standards of care of the applicant and has determined that the applicant meets all critical requirements identified in (a) and (b) of this Section and has demonstrated substantial compliance with all other requirements, including entry level training requirements for child care center employees.
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(1) Prior to recommending issuance of a license, the licensing staff completes a minimum of three monitoring visits, and in child care centers, part-day children's programs, and school‑age programs, an equipment inventory.
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(2) Children in care must be observed by licensing staff during at least one monitoring visit.
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(3) A monitoring visit must be made within 60 days of the issuance date.
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(4) A license is in effect unless it is revoked or the facility voluntarily closes.
(e) Documentation for license.
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(1) Child care centers. In addition to the items listed in (a) through (b)(1) of this Section for issuance of a six-month permit, items required to be on file before a license is issued to a child care center are:
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(A) daily program schedule;
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(B) updated Form 07LC002T, Staff Summary;
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(C) outdoor play schedule, if applicable;
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(D) Form 07LC006E, Equipment Inventory - Child Care Center;
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(E) statement of completed compliance review, if applicable; • 6 -
(F) director's references;
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(G) one-week sample menu;
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(H) documentation of fire department approval within the previous 24 months; • 2 -
(I) documentation of health approval within the previous 24 months if meals are prepared and served; and statement of water test results if not on public water supply.
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(i) If the test indicates the level of bacteria, nitrates, or lead is too high for safe use, the caregiver may sign a statement agreeing to use bottled water for drinking, cooking, and, if applicable, bathing of children.
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(ii) If there is a high level of bacteria or a high level of lead, boiled or bottled water must be used for hand washing and dish washing.
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(iii) If programs are licensed for 25 or more, approval from Department of Environmental Quality (DEQ) is required when not on a public water supply system; and • 3
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(J) Form 07LC003E, Monitoring Report - Child Care Center.
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(2) Part-day children's programs and school-age programs. In addition to the items listed in (a) through (b)(1) of this Section for issuance of a six-month permit, the items required to be on file before a license is issued to a part-day children's program or school-age program are:
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(A) outdoor play schedule, if applicable;
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(B) daily program schedule for school-age programs;
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(C) updated Form 07LC002T, Staff Summary;
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(D) Form 07LC020E, Equipment Inventory – Part-Day Children's Program, or 07LC024E, Equipment Inventory – School-Age Program, as applicable;
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(E) statement of completed compliance review, if applicable; • 6 -
(F) director's references for school-age programs;
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(G) one-week sample menu of foods provided by the program;
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(H) documentation of fire department approval within the previous 24 months; • 2 -
(I) documentation of health department approval within the previous 24 months if meals are prepared and served; and
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(J) statement of water test results if not on public water supply.
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(i) If the test indicates the level of bacteria, nitrates, or lead is too high for safe use, the caregiver may sign a statement agreeing to use bottled water for drinking, cooking, and, if applicable, bathing of children.
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(ii) If there is a high level of bacteria or a high level of lead, boiled or bottled water must be used for hand washing and dish washing.
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(iii) If programs are licensed for 25 or more, approval of DEQ is required when not on a public water supply system; and • 3
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(K) Form 07LC010E, Part-Day Children's Program Monitoring Report, or Form 07LC023E, Monitoring Report – School Age Program.
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(3) Family child care homes. In addition to the items listed in (a) through (b)(2) of this Section for issuance of a six-month permit, the items required to be on file before a license is issued to a family child care home are:
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(A) one-week sample menu;
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(B) references;
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(C) Form 07LC014E, Monitoring Report - Family Child Care Home; and
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(D) statement of water test results if not on public water supply.
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(i) If the test indicates the level of bacteria, nitrates, or lead is too high for safe use, the caregiver may sign a statement agreeing to use bottled water for drinking, cooking, and, if applicable, bathing of children.
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(ii) If there is a high level of bacteria or a high level of lead, boiled or bottled water must be used for hand washing and dish washing.
(f) One-year provisional license. A provisional license may be issued for a period of one year. • 7 A subsequent provisional license may be issued at the discretion of OKDHS if an emergency exists. If the facility complies with all requirements prior to expiration of the provisional license, the licensing staff documents compliance with all requirements and submits a recommendation for issuance of a full license. A provisional license is recommended when:
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(1) an applicant is temporarily unable to comply with all licensing requirements but the services are needed;
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(A) the facility operator submits a written request for a provisional license, which contains the reason for the request and a time frame for compliance;
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(B) the statewide licensing coordinator or designee sends a letter to the operator approving or denying the request; and
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(C) a minimum of three monitoring visits are made during the provisional license period; or
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(2) the level of non-compliance does not support license issuance or a denial of the license;
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(A) the licensing staff submits a recommendation for a provisional license, including the documentation to support the recommendation;
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(B) the statewide licensing coordinator or designee sends a letter to the operator stating the reason for the provisional license; and
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(C) monitoring visits are conducted at least monthly and, when possible, with a witness.
(g) Evaluation and disposition.
INSTRUCTIONS TO STAFF 340:110-1-8
Revised 11-20-08
1. (a) The licensing staff explains the Equipment Inventory to the applicant and provides Form 07LC006E, 07lC020E, or 07lC024E. Facilities must have all equipment for their licensed capacity. Prior to recommending a six-month permit, the licensing staff verifies the amount of indoor basic and outdoor play equipment, but does not need to conduct a full inventory unless it appears there is not adequate play equipment for the licensed capacity. A full inventory of the play equipment must be conducted by the licensing staff prior to issuance of the license.
(b) The director may request an increase in capacity during the permit period by documenting additional equipment. The licensing staff visits the facility to verify equipment only if concerns exist.
2. If the facility is located in a community without a local fire department, the licensing staff provides the statewide licensing coordinator or designee with the facility's name, address, finding directions, and telephone number. The statewide licensing coordinator or designee sends a request for an inspection to the State Fire Marshal. If an inspection has been made but a copy of the fire department report is not available, the licensing staff may contact the fire department by telephone to obtain verbal approval. The conversation is documented on Form 07LC080E, Licensing Services Supplemental Information.
3. (a) If problems exist with water, sewage, or waste removal, such as sewage surfacing over a septic tank, the licensing staff contacts the Department of Environmental Quality (DEQ). DEQ assesses the caregiver a fee for the inspection.
(b) If an inspection has been made but a copy of the health department report is not available, the licensing staff may contact the Oklahoma State Department of Health by telephone to obtain verbal approval. The conversation is documented on Form 07LC080E, Licensing Services Supplemental Information.
4. Facilities that self-insure are not considered to have an insurance policy or contract therefore are claiming an exception for financial reasons.
5. The licensing staff and supervisor evaluate whether the facility has had numerous, repeated, or serious non-compliance and considers the most appropriate responses, per OAC 340:110-1-9.3. The date of this discussion is documented.
6. The compliance review is required for a new director who has no previous director experience. The review may also be used as a learning tool for a director or facility staff to review licensing requirements. The licensing staff provides the facility director with a copy of a compliance review at the initial application visit with instructions to return it when completed. The licensing staff evaluates the completed review and discusses any concerns with the director. The discussion is documented on a monitoring report and the completed compliance review is returned to the director.
7. The licensing supervisor forwards the facility's request or the licensing staff's recommendation for the provisional license to the statewide licensing coordinator or designee. Licensing staff consults with the statewide licensing coordinator or designee prior to recommending a subsequent provisional license.
8. When the licensing supervisor disagrees with the recommendation, the licensing supervisor discusses areas of disagreement with the licensing staff. The licensing supervisor makes the final recommendation.
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