OKDHS - OAC 340:110-1-54.1. Unlicensed facilities

340:110-1-54.1. Unlicensed facilities

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Revised 7-1-11

(a) Legal basis and authority. Pursuant to Section 405 of Title 10 of the Oklahoma Statutes, no child care facility may be operated or maintained in this state, unless licensed or given permission to operate by the Oklahoma Department of Human Services (OKDHS).

(b) Procedures for investigating the operation of an unlicensed facility. When information is received regarding the operation of an unlicensed residential facility or child placing agency, staff conducts a full monitoring visit no later than three facility business days to assess the necessity of license. • 1 through • 7

(1) If care is being provided, staff informs the facility they have not been given permission to operate and they are in violation of the Oklahoma Child Care Facilities Licensing Act (Act). During the visit the facility is informed on Form 07LC095E, Notice Regarding Unlicensed Care, that:
- (A) care must cease by the end of the current business day unless imminent risk indicates the need for the facility to cease care immediately; or
- (B) permission to operate may be granted when the facility:
  - (i) is in compliance with health and safety requirements without serious non-compliances as referenced in OAC 340:110-1-46 (a)(1);
  - (ii) has submitted a completed application in accordance with OAC 340:110-1-45; and • 8
  - (iii) meets the following licensing requirements:
    - (I) all required background information has been provided in accordance with OAC 340:110-1-51;
    - (II) current cardio-pulmonary resuscitation and first aid certification is documented, when applicable;
    - (III) required health and safety training is completed, when applicable; and
    - (IV) minimum educational qualifications for all positions are met.
(2) If a facility is not granted permission to operate, a follow-up visit is conducted within one facility business day to verify the termination of care and • 9 when care of children has not ceased staff proceed with procedures in OAC 340:110-1-52 (f).
(3) When the necessity of a license is not required, licensing staff documents the investigation of unlicensed operation on Form 07LC080E, Licensing Services Supplemental Information. • 10

(c) Documentation of Findings. Following the unlicensed complaint investigation, licensing staff proceed with procedures in OAC 340:110-1-47.1 (l). All case staffings and discussions of case action are documented on Form 07LC080E, Licensing Services Supplemental Information, and maintained in the case file.

(d) Procedures for investigating unlicensed out of state child-placing agencies.

(1) The licensing staff mails to the owner the licensing requirements and a letter that includes information about licensure and a request for a response within 14 days.
(2) If a response is not received within 14 days, several contacts are made or attempted to encourage the owner of an unlicensed facility to comply with the Act.
(3) If the owner fails to apply for licensure as required by the Act, the licensing staff consults with the programs manager and statewide licensing coordinator for appropriate action which could include the issuance of an Emergency Order.

INSTRUCTIONS TO STAFF 340:110-1-54.1

Revised 7-1-11

1. If there are serious allegations indicating children could be at risk the situation is staffed with the supervisor for the appropriate time frame for visiting the facility. Concerns regarding staff safety are discussed with the programs manager to determine if utilization of a witness and/or law enforcement is appropriate.

2. Other complaint allegations are not addressed if the facility is not providing care or is exempt from licensing. If exempt care is provided, request a written statement verifying their operating hours. If the facility will be pursuing a license then all allegations are investigated.

3. If applicable, documentation of non-compliances include "the facility does not have a license as required by law." This is documented in the area of "additional non-compliances" section with the added written notation of "necessity and issuance of a license."

4. If the unlicensed residential facility is only advertising and has no children in care application procedures per 340:110-1-45 are followed.

5. When information is received from the person providing unlicensed care it is documented as a complaint. If this information is received by telephone, staff inform the unlicensed facility they have not been given permission to operate and must cease care. A visit is made to the facility within three facility business days.

6. If there is no response at the unlicensed facility, a notice is left requesting the facility contact licensing within 24 hours. When the unlicensed facility is uncooperative in assisting staff to verify the necessity of a license, it is staffed with the regional programs manager.

7. The licensing staff offers technical assistance and consultation to assist the caregiver in meeting licensing requirements. When children are at imminent risk of harm, licensing staff refer to OAC 340:110-1-52 for cease care procedures.

8. An application is considered complete when:

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

(2) supporting documentation has been provided.

9. The monitoring frequency plan of unlicensed facilities is 12 until licensing staff verify care of children has ceased. Cases are staffed with programs manager for appropriate follow-up as necessary.

10. If a complaint allegation was received regarding unlicensed care, and care was verified, the complaint is ruled substantiated even if unlicensed care has ceased.

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