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340:110-3-7.1. Requirements for child care center employees

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Revised 5-1-05

(a) General. All employees are required to be of good character and possess adequate education, training, and experience to provide them with the skills to perform the essential functions of the job with or without reasonable accommodation. Each employee:

(1) provides annual documentation that he or she meets the health and training requirements contained in Licensing Requirements for Child Care Centers, OKDHS Publication no. 84-108;
(2) demonstrates the ability to perform essential job functions;
(3) recognizes and acts to correct hazards to physical safety, both indoors and outdoors;
(4) works with children without recourse to physical punishment, mistreatment, or child abuse; and
(5) demonstrates good judgment as evidenced by prudent and responsible behavior that reasonably ensures the health and safety of children in care.

(b) Criminal history investigations. Requirements for centers pertaining to criminal history investigations are contained in this subsection.

(1) Owner or director responsibility. The center's owner or director arranges for a criminal history investigation for:

(A) any person making application to establish or operate a child care center;
(B) each applicant for employment prior to hiring, including all caregivers, substitutes, auxiliary staff, and any other person employed by the child care facility or program;
(C) others who have unsupervised access to children, such as lab students, Work Experience Program (WEP) workers, volunteers, contracted staff, or custodians; and
(D) adults, including providers' spouses or adult children, who live in the child care facility.

(2) Exceptions. Criminal history investigations are not required for:

(A) new staff who have documentation of criminal history investigations within the last 12 months;
(B) staff who move to a new center operated by the same organization;
(C) contracted staff who provide transportation, lessons, or other services if facility staff are present with children at all times;
(D) parent volunteers who transport children on an irregular basis; and
(E) providers' children who become adults, age 18, during continuous residence at the licensed facility.

(3) Authorized agencies. Criminal history investigations are acceptable only when:

(A) conducted by the Oklahoma State Bureau of Investigation (OSBI); and
(B) conducted by the authorized agency in the previous state of residence if the individual has resided in Oklahoma less than one year.

(4) Sex Offenders Registry. The OSBI report must include a search of Department of Corrections files maintained by the OSBI pursuant to the Sex Offenders Registration Act.

(1) The child care center is restricted from knowingly employing a person who:

(A) has pending charges, has entered a plea of guilty or nolo contendere (no contest), or been convicted of:

(i) any criminal activity involving violence against a person;
(ii) child abuse or neglect;
(iii) possession, sale, or distribution of illegal drugs;
(iv) sexual misconduct; or
(v) an act of gross irresponsibility or disregard for the safety of others or a pattern of criminal activity; or

(B) is required to register pursuant to the Sex Offenders Registration Act. [50 O.S. § 581 et seq.]

(2) The center director may request a waiver from the requirements in OAC 340:110-3-7.1(c)(1). A waiver may not be requested or granted to any person who has been convicted of a sex offense pursuant to the Sex Offenders Registration Act.

(A) The waiver request is made in writing to OKDHS and considered by the statewide licensing coordinator.
(B) The person for whom the waiver is requested cannot be employed until a decision has been made.

(3) Any person whose health or behavior could endanger the health, safety, or well-being of children is prohibited from the child care center premises and contact with children in care.
(4) An employee under the effects of alcohol, illegal drugs, or medication that impairs functioning is prohibited from providing child care services.

(d) Child abuse. The requirements pertaining to child abuse are contained in this subsection.

(1) Any caregiver who has reason to believe that a child has been abused is required to promptly contact the county office of OKDHS or the statewide toll-free Child Abuse Hot Line, 1-800-522-3511.
(2) Staff are required to cooperate fully in the investigation of any allegation.

(e) Health. Requirements pertaining to employees' health are contained in this subsection.

(1) Tuberculosis testing. The need for tuberculin skin testing of employees is based upon a local identified tuberculosis exposure, the degree of risk of transmission of latent tuberculosis infection, the impact to public health and safety, and the specific recommendations of the Oklahoma State Department of Health.
(2) Impairment of job performance. OKDHS Division of Child Care, Licensing Services (Licensing) may require a report of a physical or psychological examination by a licensed physician or mental health professional if it is reported or observed that an employee has a physical, mental, or emotional condition that impairs the employee's ability to perform assigned job responsibilities.

(f) Employee qualifications. Requirements applicable to employee positions are contained in this subsection.

(1) Director qualifications. Effective January 1, 2005, all directors of child care centers are required to be at least 21 years of age and have obtained and maintain the Bronze level, in accordance with OKDHS Appendix L-2, Oklahoma Director's Credential.
(2) Master teacher qualifications. Effective January 1, 2005, all master teachers are required to:

(A) be at least 18 years of age and have obtained the qualifications at Level III or higher of OKDHS Appendix L-3, Professional Development Ladder; or
(B) in a program where the majority of children are school-age, the master teacher may have 120 clock hours of Tier II or higher school-age training within the last five years, in accordance with OKDHS Appendix L-1, 480 hours of experience in a program where the majority of children are school-age, and every two years a minimum score of 5.0 on the School-Age Environment Rating Scale in a classroom where the master teacher is the lead teacher.

(3) Teachers. Teachers hired after July 1, 1995 are required to:

(A) be at least 18 years of age; and
(B) have a high school diploma or GED; or
(C) have completed the tenth grade and be in the process of obtaining a GED for a period not to exceed 12 months.

(4) Assistant teachers. Assistant teachers are at least 16 years of age and required to:

(A) have a high school diploma or GED;
(B) have completed the tenth grade and be in the process of obtaining a GED; or
(C) be currently enrolled in secondary education or the equivalent.

(5) Permanent substitutes. Permanent substitutes are required to meet minimum requirements for the position they are filling.
(6) Temporary substitutes. Temporary substitutes must be at least 18 years of age.
(7) Teen aides. Teen aides must be 13 through 15 years of age.

(g) Responsibilities. Responsibilities of employees and volunteers are described in this subsection.

(1) Director. The director, or teacher who meets director's qualifications, is present in the center at least 50 percent of operating hours or a minimum of 30 hours a week and is responsible for the day-to-day operation of the center.

(A) When four or more teachers are needed to meet minimum staff-child ratios, the director is free from direct care responsibilities at least three hours per day during operating hours to provide program oversight and staff supervision.
(B) The director, or teacher who meets director's qualifications, is responsible for:

(i) upon employment, providing three references to Licensing, including at least two from the director's most recent employers when applicable. The other reference(s) may be personal, excluding relatives;
(ii) appointing a staff member to take responsibility for the operation of the child care center in his or her absence and posting that person's name in a conspicuous place;
(iii) maintaining a child care center that meets the minimum requirements;
(iv) ensuring that a staff member trained to administer first aid including rescue-breathing and choke-saving measures is present at all times;
(v) arranging for criminal history investigations and obtaining dispositions on any charges shown on the report that lack dispositions;
(vi) prior to employing staff, obtaining and documenting three references including at least two from the applicant's most recent employers, when applicable. The other reference(s) may be personal, excluding relatives;
(vii) supervising the conduct of staff, volunteers, substitutes, and others who provide services in the facility; and
(viii) cooperating with licensing staff and other appropriate agencies in maintaining compliance with requirements and in improving the quality of care.

(2) Master teachers. At least one full-time master teacher is required for every 60 children for which the center is licensed. The director may be counted as a master teacher if the licensed capacity is 30 or less.
(3) Teachers. Teachers have primary responsibility for the direct care of children.
(4) Assistant teachers. Assistant teachers work under the on-site supervision of a qualified director or teacher who is readily available at all times.

(A) A director, master teacher, or teacher does not directly supervise more than two assistant teachers.
(B) Assistant teachers are not permitted to have sole responsibility for a group of children for more than three hours per day.

(5) Auxiliary personnel. Auxiliary personnel, for example, cooks, building custodians, or other personnel who provide indirect services to children:

(A) demonstrate knowledge and skills necessary to perform their job responsibilities;
(B) meet applicable requirements for staff caring for children as set forth in this Section if they are responsible for children for any part of the day;
(C) are not included in the staff-child ratio while performing auxiliary functions. Minimal cleaning and food service, for example, light cleaning, picking up toys, sweeping the classroom, and reheating and serving food, are not considered auxiliary functions as long as supervision and program are not adversely affected.

(6) Volunteers. Volunteers are required to meet all requirements in this paragraph.

(A) Volunteers and student interns are not included in the staff-child ratio unless they are assigned to the center for at least three consecutive months. Volunteers are permitted to serve as temporary or permanent substitutes.
(B) Volunteers counted in the staff-child ratio shall meet all requirements in this Part.
(C) Volunteers are under the direct supervision of the director or a designated staff member.
(D) Volunteers who have not met all requirements for teachers are not left in charge of children.

(7) Substitutes. Substitutes carry out the assigned responsibilities of the position they are filling.
(8) Teen aides. Teen aides:

(A) are not counted toward meeting the staff-child ratio and are not included in the licensed capacity;
(B) must be under the on-site supervision of a master teacher who is at least 18 years of age. One master teacher may supervise no more than two teen aides;
(C) are placed only in groups where at least one staff member is 18 years of age. No more than two teen aides may be assigned to a group of children;
(D) must be at least two years older than the children in the group to which they are assigned;
(E) must be visibly identifiable through means such as name tags or T-shirts; and
(F) are never left alone with children.

(h) Professional development. Requirements pertaining to professional development are contained in this subsection.

(1) Orientation. Within one week of employment and prior to having sole responsibility for a group of children, each staff member, including auxiliary staff and permanent substitutes who have been employed 40 hours, receives orientation.

(A) Orientation includes a review of:

(i) infection control;
(ii) injury prevention;
(iii) handling common childhood emergencies, including choking;
(iv) sudden infant death syndrome (SIDS);
(v) shaken baby syndrome;
(vi) the center's policy and procedure and staff responsibility for implementation;
(vii) licensing requirements;
(viii) employees' assigned duties and responsibilities;
(ix) emergency procedures in the event of injury, severe weather, or fire, including evacuation procedures and routes and location and use of fire extinguishers;
(x) the definition, identification, and mandatory reporting of child abuse and neglect;
(xi) the daily schedule;
(xii) the methods used to inform staff of any special health, nutritional, or developmental needs of children assigned to the caregiver;
(xiii) confidentiality of information regarding children and their families;
(xiv) appropriate use of discipline; and
(xv) transportation and car seat safety.

(B) Documentation includes a statement, signed by the employee and director, in each employee's personnel file attesting to the orientation and review.
(C) New staff have a probationary period of at least 30 days during which they are closely supervised.

(2) Entry-level training. Prior to or within three months of employment, staff counted to meet staff-child ratios participate in a Tier II entry–level training course that provides at least 20 hours of training, in accordance with OKDHS Appendix L-1. Directors are not required to have this training. Staff who have previously received this training are not required to repeat it unless there is a two year break in service.
(3) Health and safety training. Staff are required to comply with the health and safety training requirements contained in this paragraph.

(A) When children are in care on the center premises or on any center-sponsored field trip, staff are present who have current documentation of certification in age-appropriate first aid and cardiopulmonary resuscitation (CPR) that meets the criteria in (i) through (iii) of this subparagraph.

(i) CPR training must be conducted by an individual certified as an instructor through the American Red Cross or the American Heart Association.
(ii) First aid courses must be conducted by Emergency Medical Services for Children (EMSC) First Care, the American Red Cross, the National Safety Council, or approved as Tier II training, in accordance with OKDHS Appendix L-1.
(iii) Documentation of current completed training in CPR and first aid is maintained by the staff.

(B) The first aid training includes the emergency management of:

(i) bleeding;
(ii) burns;
(iii) poisoning;
(iv) choking;
(v) injuries, including insect, animal, and human bites;
(vi) shock;
(vii) convulsions or nonconvulsive seizures;
(viii) musculoskeletal injury, such as sprains and fractures;
(ix) dental emergencies;
(x) head injuries;
(xi) allergic reactions;
(xii) eye injuries;
(xiii) loss of consciousness;
(xiv) electric shock; and
(xv) drowning.

(4) Ongoing training. Requirements of staff for ongoing training are contained in this paragraph.

(A) Director. The director is required to obtain 20 clock hours per employment year of Tier I or higher training, such as professional conferences or from an accredited college, university, or vocational program, in accordance with OKDHS Appendix L-1.

(i) OKDHS approves training upon request.
(ii) Training is relevant to job responsibilities and includes center administration or management, age-appropriate childhood education, and infection control.

(B) Staff with children. Each person who is counted toward meeting the staff child ratio is required to obtain 12 clock hours per employment year of Tier I training, in accordance with OKDHS Appendix L-1, that is relevant to job responsibilities and includes infection control. Formal training is from a source such as professional conferences or from an accredited college, university, or technical school.

(i) The director assists staff in identifying and selecting training that is varied, appropriate, and builds upon previous training.
(ii) No more than six hours of self-directed readings, use of videos, or informal on-site training is counted toward the required annual training hours.
(iii) Reports of self-directed reading are documented and submitted to the director.
(iv) Training repeated during the employment year is only counted once to meet the training requirement.

(5) Food service training. Prior to or within three months of employment, the person primarily responsible for food preparation is required to receive training in:

(A) nutrition planning;
(B) age-appropriate food selection;
(C) food preparation, service, and storage; and
(D) cleaning and sanitizing equipment and utensils.

(6) Substitute and volunteer staff training. Requirements for substitute and volunteer staff are listed in (A) through (C) of this paragraph.

(A) Temporary substitutes are required to be familiar with center policy and procedure before they are left in charge of a group of children.
(B) Permanent substitutes are required to meet the requirements for orientation and ongoing training in OAC 340:110-3-7.1(h)(1) and (4).
(C) Volunteers counted toward meeting the staff-child ratio are required to meet the requirements for orientation and ongoing training in OAC 340:110-3-7.1(h)(1) and (4).

(7) Documentation of training. Documentation of training for each staff member is required and includes the topic, source of training, date, and hours.

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