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340:110-1-9.1. Certification of child care facilities to receive increased reimbursement rate for the care of children with disabilities
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Revised 7-1-08
(a) Purpose. Certification is the process through which Oklahoma Child Care Services (OCCS) licensing staff documents that a child care facility meets certification requirements for a child with disabilities.
(b) Initial approval for certification. For initial approval for certification the procedures contained in this subsection are followed.
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(1) Upon receipt of Form 08AD006E, Certification for Special Needs Child Care Rate, the licensing staff contacts the facility by phone within five working days when a monitoring visit has been made in the last four months. When a monitoring visit has not been made within the last four months the licensing staff visits the child care facility within ten working days. • 1 -
(2) Approval for certification is based upon verification that:
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(A) the facility director or family child care home provider has completed Section III of Form 08AD006E, agreeing to meet the individual needs of the child;
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(B) the facility has a previous record of compliance with minimum licensing requirements. A facility on a six-month permit may be certified if currently in compliance with licensing requirements;
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(C) facility staff currently trained in first aid and cardiopulmonary resuscitation (CPR), including infant and child, are present at all times when the child with disabilities is in care. The licensing staff checks training documentation to obtain the effective dates of training. Only training that is approved by the Oklahoma Department of Human Services (OKDHS), such as Red Cross, American Heart Association, or First Care, is accepted. The licensing staff recommends that more than one caregiver be trained to ensure trained staff is always present when the child is in care;
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(D) the facility staff persons who work with the child have received on-site consultation regarding the nature of the child's disability and the development of a child care plan, to include staffing, equipment, and specialized training needs. • 2 The consultant provides resource materials to the facility for future reference. After initial certification, the facility staff persons who work with the child must conduct and document annual conferences with the child's parent or guardian to review the needs of the child. If the child's needs have changed, the procedures in (5) of this subsection are followed; and -
(E) within six months of certification, appropriate staff obtain six hours of training in areas that address the care of children with disabilities.
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(i) The center director and at least one person who works directly with the child must receive training. It is preferable that all staff persons who work with the child are trained.
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(ii) As staff changes occur, a new director or new staff persons who work directly with the child must obtain training within six months of that assignment.
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(iii) First aid, CPR, or informal training is not counted to meet the special training requirement.
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(iv) Recommended training includes Special Care's Unique Environments, Child Care Careers' Helping Children with Special Needs, Tic-Toc training, SoonerStart training, or specialized workshops or conferences addressing the care of children with special needs.
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(4) Upon completion of Section IV of Form 08AD006E, the licensing staff sends the original to the appropriate county staff responsible for child care assistance. Copies of Form 08AD006E and the monitoring report are sent to the licensing supervisor, and copies are maintained in the facility's file.
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(5) When Form 08AD006E is completed and Family Support Services Division (FSSD) has determined the child is eligible for one of the special needs rates, a new Form 08AD006E is completed when:
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(A) the needs of the child change; or • 3 -
(B) the child stops attending the facility for more than six months.
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(6) If the licensing staff documents that certification requirements have not been met, the licensing supervisor reviews the documentation and approves the denial. The provider is informed in writing within 30 days of the initial receipt of Form 08AD006E of the certification criteria that have not been met and the right to request an administrative review.
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(7) A request for an administrative review must be submitted in writing to the statewide licensing coordinator or designee within ten calendar days of notification. An administrative review is conducted within ten calendar days of receipt of the request.
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(8) The administrative review committee consists of the statewide licensing coordinator or designee and two staff from OCCS.
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(9) The facility and FSSD are notified in writing of the decision by the statewide licensing coordinator.
(c) Ongoing monitoring. The procedure for ongoing monitoring contained in this subsection is followed.
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(1) Periodic monitoring visits. During periodic monitoring visits, the licensing staff completes Form 07LC008E and verifies that certification requirements are met, including: • 4
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(A) the enrollment status of the child;
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(B) staff present with first aid and CPR training;
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(C) annual conference with the child's parent or guardian;
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(D) director and staff training relative to care of children with disabilities; and
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(E) observations that indicate that the program is meeting the individual needs of the child as recorded on Form 08AD006E. • 3
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(2) Violations. All violations observed are documented on page 4 of the monitoring report, and a plan of correction is developed with agreed-upon time frames for correction of violations. If there are serious or ongoing violations of certification requirements, a letter is sent to the operator documenting the violations and plan of correction, and a copy is sent to the parent(s) of the child with special needs who is affected by the violation(s).
(d) Withdrawal of certification. Certification continues until a child leaves a facility or unless there is documentation of serious or ongoing violations of certification requirements or when OKDHS has issued an Emergency Order or a notice of proposed denial or revocation of license. • 5 Violations of certification requirements are different from non-compliance with licensing requirements, although they may involve the same issue, for example, understaffing. If violations are not corrected and represent a potential risk to the child, such as serious understaffing in the child's room or staff without first aid training, the procedure in this subsection is followed.
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(1) The licensing staff reviews the case with his or her supervisor.
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(2) An office conference is held with the provider at which time the provider is notified that certification is being withdrawn and the provider has the right to request an administrative review of the decision.
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(3) A letter is sent to the provider documenting withdrawal of certification and the right to request an administrative review of the decision. If the provider did not attend the office conference, the letter is sent by certified mail. A copy of the letter is sent to the appropriate county office staff responsible for child care assistance who is responsible for notifying the parent and provider of the rate change and its effective date.
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(4) A request for an administrative review must be submitted in writing by the facility to the statewide licensing coordinator or designee within seven calendar days of receipt of the letter. An administrative review is conducted within ten calendar days of receipt of the request.
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(5) The administrative review committee consists of the statewide licensing coordinator or designee and two staff from OCCS.
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(6) The facility and FSSD are notified in writing of the decision by the statewide licensing coordinator.
- (7) A provider may reapply for certification when compliance with certification requirements has been reestablished.
Revised 7-1-07
1. Section IV of Form 08AD006E, Certification for Special needs Child Care Rate, is completed and signed with any discussion recorded on the monitoring report.
2. (a) Consultation may be provided by a health professional, a child guidance specialist, a SoonerStart provider if the child is under three years of age, a public school teacher familiar with that child, a Head Start Disabilities Services Coordinator, or a consultant through the Center for Early Childhood Professional Development.
(b) If the on-site consultation will delay the approval for certification by more than 30 days, the provider may be approved for certification prior to the on‑site consultation criteria being met if a reasonable plan of correction has been documented in writing. The provider's attempts to schedule the on‑site consultation are documented by licensing staff on Form 07LC080E, Licensing Services Supplemental Information.
3. If licensing staff receives information that the needs of the child as recorded on Form 08AD006E have changed, licensing staff documents the information on Form 07LC080E and notifies Family Support Services Division of the change. If the category of disability in Section V of Form 08AD006E increases, a new on-site consultation must be completed.
4. If a facility is certified to provide care to a large number of children, the licensing staff may review certification requirements at a time other than a periodic monitoring visit.
5. If a child leaves a facility and returns within six months, a new Form 08AD006E is not completed, unless the care needs of the child have changed. A visit to the facility is made within ten days to verify that certification criteria continue to be met.
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