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340:110-1-8.3. Certification of facilities to receive a differential quality rating
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Revised 11-20-08
(a) Purpose. The differential quality rating system was developed to improve the overall quality of care by increasing the training and education of child care providers and to provide the public with a method to evaluate child care. Certification is required for a provider to receive a differential quality rate for children whose families are receiving child care assistance through the Oklahoma Department of Human Services (OKDHS).
(b) Criteria for child care center certification levels. The levels of certification for child care centers are contained in this subsection.
(c) Criteria for family child care home certification levels. The levels of certification for family child care homes are contained in this subsection.
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(1) Criteria for one star homes. A home operating on a permit, license, or provisional license is automatically designated as a one star home.
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(2) Criteria for one star plus homes. To be approved as a one star plus family child care home or large family child care home, the owner or registered agent must complete and submit Form 07LC027E, Request for Family Child Care Home Star Certification, and meet all the requirements in (A) through (F) of this paragraph. A home may operate on one star plus status for a total of 24 months, which are not required to run consecutively. • 1 After 24 months of one star plus certification, the home must be approved for a higher star level, approved for an extension of time to comply, or return to one star status. If the new criteria cannot be met at 24 months, a facility may request an extension of time to comply as set forth in (g) of this Section.
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(A) Licensing status and compliance. The home must have a license, provisional license, or permit. The monitoring visits and substantiated complaints for the last 24 months of operation are reviewed. If there are two or more incidents of numerous, repeated, or serious non‑compliance with applicable licensing requirements or one serious incident resulting in injury or imminent risk of harm, the request may be denied. The licensing record from the applicant's previous licenses, if any is considered. The definitions of numerous, repeated, or serious non‑compliance listed in (i) through (iii) of this paragraph apply for star certification. • 2 & 3
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(i) Numerous non-compliance is any monitoring visit with five or more items documented as non-compliant on the monitoring report. • 4 -
(ii) Repeated non-compliance is three or more documented incidents of non‑compliance with the same requirement in a 12‑month period of time.
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(iii) Serious non-compliance is non-compliance with licensing requirements that exposes children to conditions that present an imminent risk of harm. Imminent risk of harm must be assessed based on the age of the child, the amount of the time the caregiver was out of compliance, and the efforts of the caregiver to mitigate the risk. Some examples of non-compliance that may be considered as serious are:
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(I) staff-child ratio;
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(II) supervision of children;
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(III) sleep position;
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(IV) prohibited disciplinary actions;
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(V) licensed capacity;
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(VI) use of passenger restraints;
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(VII) water activities;
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(VIII) pools and other water hazards;
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(IX) multiple hazards;
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(X) weapons;
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(XI) reporting child abuse;
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(XII) prohibiting access to children by a person with a criminal record, health or behavior risk, or failure to obtain background investigations;
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(XIII) administering medication to children;
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(XIV) room temperatures;
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(XV) heat sources and loss of any utility service;
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(XVI) compliance file and or posting;
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(XVII) cardio-pulmonary resuscitation and first aid training;
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(XVIII) liability insurance; and
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(XIX) vehicle liability insurance.
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(B) Home provider. At application, the family child care home provider must have documentation of 20 clock hours of job-related training. At initial application, the training may be counted if training was obtained within the last 12 months or within the provider's employment year. • 5 After approval for certification, the training criteria must be met within the provider's employment year.
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(i) A provider may count a total of six hours of in-service training each year. In-service training includes videos, informal on-site and home association training. Reading does not count for stars training.
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(ii) The family child care home provider has a written professional development plan that is kept on file in the home. The professional development plan is reviewed annually and updated as needed.
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(C) Assistant Caregiver.
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(i) Any assistant caregiver employed for at least 12 months must have documentation of 20 clock hours of job-related training per employment year.
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(ii) The assistant caregiver may count a total of six hours of in-service training each year. In-service training includes videos, informal on-site and home association training. Reading does not count for stars training.
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(iii) The assistant caregiver has a written professional development plan on file in the home. The professional development plan is reviewed annually and updated as needed.
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(D) Learning environment. The family child care home provider has and follows a written daily schedule that reflects a balanced program of opportunities for learning, indoor and outdoor play, rest periods, and meals. The daily schedule is posted. The provider reads to children a minimum of 15 minutes each day.
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(E) Parent involvement. The family child care home provider must provide the methods of parent communication contained in this subparagraph. The provider:
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(i) maintains a signed contract on file for each family that includes, but is not limited to, policy concerning hours, fees, payment schedule, vacation, and termination;
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(ii) encourages parents to visit any time their children are present, and provides access to all parts of the home used for child care;
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(iii) arranges for and documents, at least once per year, a conference with each child's parents. They discuss the child's current progress, accomplishments, and challenges, and set goals together. Documentation of the parent conference is kept with the child's records;
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(iv) makes opportunities available for parents to be involved in the program's activities;
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(v) has information available about common childhood issues and resources that provide services to parents and children and makes referrals as needed; and
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(vi) makes a copy of applicable licensing requirements available to parents.
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(F) Program evaluation.
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(i) Health and safety checklists for both indoor and outdoor spaces are completed annually and kept on file in the home.
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(ii) Parents are surveyed every two years to identify strengths and weaknesses of the program and evaluate the program’s effectiveness in meeting the needs of children and parents.
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(3) Criteria for two star homes. To be approved as a two star home, the owner or registered agent must complete Form 07LC027E, Request for Family Child Care Home Star Certification, and meet all one star plus criteria and the criteria described in (A) through (E) of this paragraph or meet licensing status and compliance described in (c)(2)(A) and provide documentation that the home is accredited by the National Association of Family Child Care.
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(A) Provider qualifications. The licensed provider in a family child care home, or the licensed provider or assistant in a large family child care home, must be at least 18 years of age and on-site on a full-time basis and meet and maintain one of the provider qualifications listed in (i) through (viii) of this subparagraph. A person is not counted as a center master teacher, director, or qualifying caregiver at more than one facility certified for a higher star level unless the facilities are programs that do not operate concurrently at any given time. A person wanting to be counted at more than one facility may submit a written request for an exception to this rule to OCCS. The decision to grant an exception is made by the stars programs manager or designee. The provider is notified in writing. The qualifying criteria are:
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(i) occupational child care competency certificate for Master Teacher or Lead Teacher through an Oklahoma technology center and three months of satisfactory full-time experience in a licensed or legally exempt child care setting;
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(ii) current Child Development Associate (CDA) or Certified Childcare Professional (CCP) credential;
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(iii) Certificate of Mastery in early childhood education or child development from an accredited Oklahoma college or university; • 10 -
(iv) 30 credit hours from an accredited college or university including 12 credit hours in early childhood education, child development, or other coursework that supports working with children;
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(v) four-year degree from an accredited college or university with six college credit hours in early childhood education, child development, or other coursework that supports working with children;
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(vi) two or four-year degree from an accredited college or university in early childhood education or child development;
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(vii) a valid teaching certificate in early childhood education from the Oklahoma State Department of Education; or
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(viii) if approved prior to June 1, 2004, the provider may continue to meet this criteria if the provider maintains 120 hours of job-related training within the last five years, five years of full-time experience in a licensed or legally exempt child care setting, and every two years receives a minimum score of 5.0 on the Family Child Care Environment Rating Scale - Revised. • 13
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(B) Assistant caregiver.
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(C) Learning environment. Children have opportunities during the day to access dramatic and manipulative play, blocks, art, and books. The provider has a plan for transition times.
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(D) Parent involvement.
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(i) At least two provider references, including contact information, are available to parents. References from relatives are not accepted.
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(ii) The provider has and uses a system for sharing and communicating with parents the happenings, activities, and related issues about their child's physical and emotional state.
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(E) Program evaluation. All methods of program evaluation described in (i) through (iv) of this paragraph must be completed within one year of receiving two star status and repeated as noted.
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(i) An approved self-assessment tool is completed every two years and kept on file in the home.
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(ii) The program is assessed every three years using an assessment tool approved by OCCS. • 12 This assessment is not required for programs accredited through the National Association of Family Child Care. -
(iii) Program goals are established and updated every two years based on information gathered from the completed health and safety checklists, parent surveys, self-assessment, and an assessment tool approved by OCCS.
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(iv) The home provider has a written plan for meeting established goals.
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(4) Criteria for three star homes. To be approved as a three star home, the owner or registered agent must complete Form 07LC027E, Request for Family Child Care Home Star Certification, meet all one star plus and two star home criteria, except for the assessment in (c)(3)(E)(ii) of this Section, and be accredited by the National Association of Family Child Care.
(d) Approval for certification for homes and centers. The procedures contained in this subsection are followed for initial approval for certification and requests for higher certification level.
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(1) The facility submits Form 07LC025E, Request for Child Care Center Star Certification, or Form 07LC027E, Request for Family Child Care Home Star Certification, and required documentation to OCCS. • 14 & 15 -
(2) The stars outreach specialist determines whether the certification criteria have been met by reviewing the case record and the documentation submitted by the facility. If it has been four months since the last monitoring visit, the stars outreach specialist requests licensing staff to make a monitoring visit. The stars outreach specialist reviews all information and consults with the licensing staff and stars program manager as needed prior to approval.
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(A) The monitoring visits and substantiated complaints for the last 24 months of operation are reviewed to determine whether the facility meets the compliance criteria. The monitoring visits and substantiated complaints includes the licensing record from the provider's previous licenses, if any. • 16 -
If, within the 24 month period reviewed, there are two or more incidents of numerous, repeated, or serious non-compliance as defined in (b)(2)(A) and (c)(2)(A) of this Section or one serious incident resulting in injury or imminent risk of harm to a child, the request may be denied. • 17 -
(B) If the facility meets the criteria, the stars outreach specialist updates the licensing database. The stars outreach specialist sends a letter to the provider confirming the approval and the effective date. • 18 If numerous, repeated, or serious non‑compliance was identified during review of the case for the star certification, the letter includes a statement that these non‑compliances are considered and may result in reduction of the star certification if subsequent serious non-compliances occur. -
(C) If the facility fails to meet the criteria, the stars outreach specialist sends a letter to the provider identifying all the criteria that have not been met. The application is also reviewed by the stars outreach specialist to determine if another certification level can be met. The stars outreach specialist updates the licensing database accordingly. • 19
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(i) If a one star plus facility fails to submit Form 07LC025E, Request for Child Care Center Star Certification, or 07LC027E, Request for Family Child Care Home Star Certification, with supporting documentation at least 15 days prior to the end of the certification period, the star status expires and the database is updated to show the facility has returned to a one star level. This does not constitute a reduction in certification level as set forth in (h) of this Section. The stars outreach specialist sends a letter documenting the return to one star level.
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(ii) If a one star plus facility applies for but is denied a higher star at 24 months, and has not been approved for an extension of time to comply from OCCS, the star status expires and the database is updated to show the facility has returned to a one star level. This does not constitute a reduction in certification level as set forth in (h) of this Section. • 19
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(D) The provider may reapply at any time the criteria are met. If the request for a higher certification level is denied due to numerous, repeated, or serious non‑compliance with licensing requirements, the provider is not approved for a higher certification level for six months after the date of the denial of the request. The six-month waiting period may only be reduced by the regional programs manager (RPM) upon evaluation of the facility's licensing record, written documentation of corrective actions taken, and observation and documentation by licensing staff of substantial improvement in compliance. The RPM notifies the provider in writing of the decision.
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(E) The provider may withdraw the application prior to certification denial.
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(F) The owner or registered agent of a home or center may request a reduction in star status at any time. The request must be made in writing to the stars outreach specialist. The stars outreach specialist sends a letter documenting the request for reduction, along with the effective date of the new star level, and updates the database to show the facility's new star level. A request to be reduced does not constitute a reduction in certification level as set forth in (h) of this Section.
(e) Complaint investigations. Pending complaint investigations do not impact the decision to approve the stars application.
(f) Ongoing monitoring. The procedures contained in this subsection are followed for ongoing monitoring.
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(1) Written notice. The facility is required to notify OCCS in writing within five working days of any change in information that affects the facility’s current star certification, such as loss of a master teacher or director. If the facility has not notified OCCS of changes and certification criteria have not been met for over 90 days, OCCS reviews the case. Referrals are made to the stars outreach specialist and the certification level may be reduced according to (h) of this Section.
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(2) Periodic monitoring visits. OCCS staff completes Form 07LC026E, Child Care Center Star Certification Review, or 07LC028E, Family Child Care Home Star Certification Review, a minimum of once per year, and verifies that certification criteria is still current and accurate. • 20 OCCS staff provides written notice to the owner or registered agent that certification criteria are not being met when: • 21
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(A) there is serious non-compliance with requirements, as outlined in (b)(2)(A)(iii) for centers and (c)(2)(A)(iii) for homes;
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(B) a complaint that may place the health, safety, or well-being of children at imminent risk of harm is substantiated; and/or
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(C) OCCS staff have knowledge the facility is not meeting certification criteria.
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(3) Non-compliance. If a provider has serious non-compliance with licensing requirements, the star level of a one star plus, two, or three star facility may be reduced. • 16 & 17 -
(4) Violations. If violations of certification criteria are documented, or when the facility notifies OCCS in writing of any change, the procedures in (A) through (C) are followed.
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(A) OCCS staff provides written notification to the director and owner or registered agent of a facility to document the violations and include a statement that a reduction in the star certification level may occur when:
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(i) violations are not corrected in the agreed-upon time frame;
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(ii) the facility has serious non-compliance with licensing requirements;
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(iii) a serious incident occurs resulting in injury or imminent risk of harm to a child; or
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(iv) an Emergency Order or notice of proposed denial or revocation of license is issued.
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(B) The statement informs the provider they may request an extension of time to comply, as outlined in (g) of this Section.
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(C) The facility submits a written plan to OCCS for correcting the violations within an agreed-upon time frame. The plan can not exceed 90 days from the date the violation occurred or the date a facility is notified of a substantiated complaint. • 22 & 23
(g) Extension of time to comply.
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(1) The provider of a one star plus, two, or three star facility may request an extension of time to comply when:
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(2) The owner, registered agent, or director submits Form 07LC074E, Request for Extension of Time to Comply, along with supporting documentation to the stars program manager or designee 30 days prior to the expiration of the one star plus certification or the agreed-upon time frame for the correction of the violations.
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(3) The decision to approve or deny an extension of time to comply is made by the stars program manager or designee. One or more discretionary extensions of time to comply may be granted. Approval of an extension of time to comply does not set a precedent and each request is independently evaluated. The provider is notified of the decision in writing. • 24
(h) Reduction in one star plus, two, and three star certification level.
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(1) A reduction in one star plus, two, and three star occurs when OCCS has issued a written Emergency Order or notice of denial or revocation of license. • 25 -
(2) A reduction may occur when violations are not corrected within the agreed‑upon time frame; the facility has serious non-compliance with licensing requirements; a serious incident occurs resulting in injury or imminent risk of harm to a child. The procedures in this subsection are followed if a reduction is warranted.
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(A) The licensing staff reviews the case with the supervisor and RPM. Referrals are made in writing to the stars program manager or designee. A determination on whether a reduction is warranted is made within 30 days of receipt. • 26 -
(B) If a reduction is warranted, the stars program manager or designee sends a certified letter to the licensed home provider or director documenting the reduction in certification level and notifying the provider of the right to request an administrative review of the decision. A copy is sent to the owner or registered agent of the facility.
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(C) The certified mail delivery receipt card is addressed to return to the director of OCCS or designee.
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(D) In order to receive an administrative review, the provider must submit a request in writing to the director of OCCS or designee within 15 calendar days of receipt of the letter notifying the provider of the reduction.
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(E)The request must include written documentation stating the provider's grounds for appeal.
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(3) State Office licensing staff update any changes in the star status level and star payment rate following verification of the provider's receipt of the certified letter and the administrative review, if requested. • 27 -
(4) The procedures in (A) through (C) of this paragraph are followed when an administrative review is requested.
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(A) Within 30 days of receipt of the request for an administrative review, a letter is sent notifying the provider of the date of the administrative review. The letter is sent to the provider's last known address. The provider is given at least two weeks written notice prior to the administrative review. Additional documentation may be presented prior to or at the beginning of the administrative review, with copies provided to all representatives.
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(B) The review is conducted by the stars review panel, which consists of three OKDHS staff persons who have not been involved in the decision to reduce the certification level. The provider may submit written documentation and appear at the administrative review.
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(C) When possible, the reviewing panel makes a determination to either affirm or reverse the OCCS decision on the date of the administrative review and announces the decision at the conclusion of the review. Time constraints or the complexity of issues may require the panel to take a matter under advisement. Written findings are completed within ten calendar days from the date of the review.
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(5) If there is evidence of extenuating or revised circumstances, the provider may propose alternative settlement options prior to the date of the review hearing by contacting the RPM. If an alternative settlement is proposed, the provider is notified in writing of the regional programs manager's decision to accept or deny the proposed alternative settlement. If the regional programs manager accepts the provider's alternative settlement, a copy of the provider's proposal is sent to the stars outreach specialist and to the licensing staff and the star level is not reduced. If the regional programs manager denies the alternative settlement, the reduction in certification procedures as outlined in (h)(4)(B) of this Section are followed.
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(6) The provider may reapply for a higher certification level at any time the criteria are met. If the certification level is reduced due to serious non-compliance with licensing requirements, the provider is not approved for a higher certification level for six months after the receipt of the certified reduction letter.
(i) Change in ownership. When there is a change in ownership or change in form of business entity of a family child care home, child care center, part-day children's program, or school-age program, the case is closed and the star status is removed. To be approved for a higher star level, the new owner or registered agent must complete and submit Form 07LC025E, Request for Child Care Center Star Certification, or Form 07LC027E, Request for Family Child Care Home Star Certification, and meet all the requirements applicable to the star level for which application is made.
(j) Change in location. If the location of a facility changes, the licensing staff completes Form 07LC026E, Child Care Center Star Certification Review, or Form 07LC028E, Family Child Care Home Star Certification Review, to verify compliance with the criteria at the new location.
(k) Record-keeping. Periodic review forms, certification request forms, and supporting documentation are maintained in the official licensing file or in a separate file that is part of the open record, with the exception of page 6, of Form 07LC025E, Request for Child Care Center Star Certification, staff salary report, which is maintained confidential. When maintained, pay stubs and photos that include children are also kept confidential.
Revised 11-20-08
1. The months that a one plus facility is inactive, according to OAC 340:110‑1‑9(n), apply toward the 24-month total. The facility may request a reduction to one star status to avoid violating stars criteria or using one star plus time during inactive status.
2. For the purpose of determining compliance, a period of 24 months is generally reviewed. A non-compliance may qualify in more than one category in determining numerous, repeated, or serious non-compliance with licensing requirements. Example: An understaffing is considered serious but may be part of repeated or numerous non-compliance. If a non-compliance is documented a second time during an agreed-upon plan of correction for licensing, it is not considered again in determining numerous, repeated, or serious non‑compliance.
3. Military child care programs located in Oklahoma with a provider contract may apply for star certification and submit copies of monitoring visits for the last year to demonstrate compliance with the applicable child care requirements. A visit is made by the stars outreach specialist prior to approval to verify compliance with certification criteria. An annual visit is made to the facility to determine continued compliance, including a review of the monitoring visits for the last 24 months. Out-of-state child care programs are not eligible for star certification.
4. Each numbered area marked non-compliant on the monitoring report is counted once even when there is more than one item of non‑compliance included in that area. Numerous non-compliances during the initial licensing visit, prior to permit, may be disregarded when evaluating compliance if all items were corrected in a timely manner.
5. When converting from certification year to employment year, there may be an overlap in training hours. Training counted during the employee's last 12 months may be counted again when reviewing training for the employment year. The employment date for a home provider is based on the provider's date of application for a license.
6. The approved national accrediting bodies are the:
(1) Association of Christian Schools International's Preschool Accreditation (ACSI);
(2) National Academy of Early Childhood Programs (NAEYC);
(3) National Early Childhood Program Accreditation (NECPA);
(4) National After School Association (NAA);
(5) Council on Accreditation (COA); and
(6) National Accreditation Commission for Early Care and Education Programs (NAC).
7. The center provides at least two interest centers outside for children's use during outdoor play. Interest centers do not have to be permanently set up outdoors or made available during special group activities.
8. A facility licensed for less than 30 children must also have a full-time master teacher. The following may be utilized to determine the number of school-age children expected to be in care upon which to calculate the number of master teachers required; the equipment inventory, floor plan, and prior monitoring reports. School-age children are at least five years of age and attending or have completed kindergarten. This number is subtracted from the licensed capacity.
9. (a) Employment on a full-time basis is generally 30 hours a week during the facility's operating hours. For employment at part‑day programs, use 50% of the weekly operating hours.
(b) In collaborations between Head Start, public schools, or child care centers, staff is counted as a master teacher if the person:
(1) works full‑time and full-year at the center;
(2) has staff records on file; and
(3) fills the role of master teacher as described in OAC 340:110‑1‑8.3(b)(3)(G).
10. An accredited college or university is a college or university whose accreditation is accepted by the U.S. Secretary of Education.
11.If a school-age program uses the School-Age Care Environment Rating Scale (SACERS) score to qualify a staff member as a master teacher, the master teacher may continue to meet qualifications with these criteria by maintaining 120 hours of training every five years and a score of 5.0 or higher on SACERS every two years. If a teacher using this option to qualify for two star receives less than a 5.0 on the SACERS, and cannot provide documentation of meeting qualifications with another option, the teacher may be given two additional SACERS. SACERS scores are not transferable from one program to another.
12. OKDHS OCCS approved assessment tools include:
(1) Early Childhood Environment Rating Scale Revised (ECERS-R);
(2) Infant/Toddler Environment Rating Scale Revised (ITERS-R);
(3) Family Child Care Environment Rating Scale Revised (FCCERS-R);
(4) School-Age Care Environment Rating Scale (SACERS);
(5) Child and Caregiver Interaction Scale (V6);
(6) Arnett Caregiver Interaction Scale;
(7) Early Language and Literacy Classroom Observation (ELLCO); and
(8) Program Administration Scale (PAS).
13.If a provider is approved for two or three star status prior to June 1, 2004 and qualifies by using option (viii) of OAC 340:110-1-8.3(c)(3)(A), the provider may continue to meet the home provider qualifications with these criteria by maintaining 120 hours of training every five years and a score of 5.0 or higher on FCCERS-R every two years. If a provider using this option to qualify for two star receives less than a 5.0 on FCCERS-R, the provider may be given two additional FCCERS-R to achieve a minimum score of 5.0. If an existing two or three star provider closes or is reduced, the provider may not use the 120/5/5 option to meet the home provider qualifications.
14. It is the facility's responsibility to initiate the process and provide required documentation. Facilities are not required to have a current provider contract to request certification.
15. The stars outreach specialist notifies the licensing staff that an application has been received. Within 30 days of receipt of the application, the stars outreach specialist determines whether the certification criteria have been met by reviewing the case record and the documentation submitted by the facility.
16. The facility's licensing record of up to 24 months is considered when such a record exists.
17. (a) When making the determination to deny or reduce the certification, (1) through (5) are considered.
(1) Duration of the non-compliance.
(2) Degree of risk to children.
(3) Whether the provider could have prevented the non‑compliance.
(4) Timeliness and effectiveness of the provider's response.
(5) Whether notice was given.
(b) Numerous non‑compliances during the initial licensing visit, prior to permit, may be disregarded when evaluating compliance if all items were corrected in a timely manner.
18. The application and training summary must be maintained in the official licensing file, but other documentation may be returned to the facility.
19. Documentation of the reason(s) for denial of the application is kept and the originals are returned to the facility.
(1) If the provider contacts the licensing supervisor to discuss concerns regarding the denial of the application, the licensing staff attempts to resolve the matter by making the appropriate referrals based on the reason for denial.
(2) If the matter is not resolved, the staff advises the provider of the right to file a grievance following the procedure in OAC 340:110-1-15. The licensing staff sends a copy of the procedure to the provider.
(3) If it is determined that the facility meets a different certification level than applied for, the stars outreach specialist notifies the director or licensed provider and documents the conversation on Form 07LC080E, Licensing Services Supplemental Information. The director, owner, or registered agent may also update the current application or complete a new application for the different certification level.
20. If the director of a center or primary caregiver of a home is not present and the staff in charge is unwilling to complete Form 07LC026E, Child Care Center Star Certification Review, or Form 07LC028E, Family Child Care Home Star Certification Review, the licensing staff leaves a copy at the facility for the director or primary caregiver to complete and mail to OCCS.
21. Documentation considered notice that stars criteria is not being met includes:
(1) Form 07LC028E, Family Child Care Home Star Certification Review, or Form 07LC026E, Child Care Center Star Certification Review;
(2) Form 07LC037E, Notice to Comply; or
(3) inclusion of the statement regarding star reduction in a letter or in the documentation of an office conference:
"A reduction in star certification may occur when violations are not corrected in the agreed‑upon time frame, the facility has serious non‑compliance with licensing requirements, a serious incident occurs resulting in injury or imminent risk of harm to a child, or an Emergency Order or notice of proposed revocation or denial of license is issued."
22. The time frame for correcting violations is negotiated between the director and OCCS staff and is based upon the time needed to correct the violation and the level of risk to children. Licensing staff may only offer or accept one plan of correction per violation.
(1) For example, if the facility no longer has a resource center, a reasonable time frame for correction could be two weeks. If not corrected within that time frame, the certification level could be reduced as set forth in OAC 340:110-1-8.3(h). If the facility no longer meets certification requirements because a staff member with master teacher qualifications is no longer employed at the center, it would be reasonable to allow the facility up to 90 days to find a replacement.
(2) When serious violations of licensing requirements occur, the stars program manager or designee may reduce the certification level before the full 90 days.
23. If information is received that a facility does not meet certification criteria, and no written documentation exists, OCCS staff documents the violation on Form 07LC080E, Licensing Services Supplemental Information. The licensing staff contacts by telephone or visits the facility and completes Form 07LC026E, Child Care Center Star Certification Review, or 07LC028E, Family Child Care Home Star Certification Review, to document the violation and plan of correction.
24. Criteria taken into consideration to determine whether to approve or deny an extension request include:
(1) if the request was received timely;
(2) the facility’s record of compliance;
(3) length of time needed;
(4) evidence of effort or actions on the part of the provider to correct the violations or to meet criteria;
(5) impact on available care in the area for children whose care is subsidized; and/or
(6) proximity of the facility to services, classes, and resources.
25. When a reduction in one star plus, two and three star is initiated due to the issuance of a written Emergency Order or notice of denial or revocation of license, the provider may not propose an alternative settlement or request a separate administrative review of the star reduction. Rather, any requests or appeals made to address the action taken regarding the license, must be done in accordance with OAC 340:110-1-9.4 and 340:110-1-10;
26. The decision whether to make a referral to the stars program manager or designee is made by the regional programs manager. The documentation attached to the referral includes:
(1) a copy of the application for license and supporting proof of ownership;
(2) copies of monitoring visits and complaints where serious non‑compliance was documented; and
(3) all pertinent or applicable documentation, including letters, notices to comply, supplemental pages, and complaint summaries; and
(4) all additional information needed to make a decision.
27. In accordance with Form 08CC001E, Child Care Provider Contract, the rate of payment is reduced to the appropriate star level at the expiration of four months from the first day of the month immediately following receipt of the certified letter.
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