OKDHS.org - OAC 340:110-3-42. Requirements for part-day program employees

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340:110-3-42. Requirements for part-day program employees

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Revised 11-20-08

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

(1) provide documentation annually that he or she meets the health and training requirements contained in this Part;
(2) recognize and act to correct hazards to physical safety, both indoors and outdoors;
(3) be able to work with children without recourse to physical punishment, mistreatment or child abuse; and
(4) demonstrate good judgment as evidenced by prudent and responsible behavior that reasonably ensures the health and safety of children in the program.

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

(1) Owner or director responsibility. The program's owner or director submits a completed criminal history investigation conducted within the last 12 months including dispositions on all charges and Form 07LC096E, Criminal Background Review, to Oklahoma Child Care Services licensing records office requesting an Oklahoma State Court Network search for:

(A) any person making application to establish or operate a part-day children’s program;
(B) each applicant prior to employment, including all caregivers, substitutes, auxiliary staff and any other person employed by the program;
(C) adults, including providers' spouses or adult children, who live in the facility; and
(D) persons age 18 years or older prior to their residence in the facility.

(2) Owner or director responsibility. Program's owner or director obtains a completed criminal history investigation for persons who have unsupervised access to children, such as lab students, Work Experience Program (WEP) workers, volunteers, contracted staff, or custodians.
(3) Exceptions. Criminal history investigations are not required for:

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

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

(A) conducted by the Oklahoma State Bureau of Investigation (OSBI); or
(B) conducted by the authorized agency in the previous state(s) of residence if the individual has resided in Oklahoma less than three years.

(5) Sex Offenders Registry. The OSBI report must include a search of the Department of Corrections' files maintained by the OSBI pursuant to the Sex Offenders Registration Act.
(6) Verification of records search. Form 07LC096E, Criminal Background Review, completed by Oklahoma Child Care Services licensing records office must be on file at the facility prior to any persons being employed or allowed to live in the facility.

(1) The program is restricted from knowingly employing a person who:

(A) 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) gross irresponsibility or disregard for the safety of others; or

(B) is required to register pursuant to the Sex Offenders Registration Act or any person required to register under the Mary Rippy Violent Crime Offenders Registration Act.

(2) The program director may request a waiver from the requirements in (1) of this subsection. However, 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 or any person required to register under the Mary Rippy Violent Crime Offenders Registration Act.

(A) The waiver request is made in writing to Oklahoma Department of Human Services (OKDHS) and considered by the waiver review committee.
(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 would endanger the health, safety or well‑being of children is prohibited from being on the premises or having contact with children in care.
(4) An employee under the effects of alcohol, illegal drugs, or medication which impairs functioning is prohibited from providing child care services.

(d) Child abuse. The program complies with the requirements pertaining to child abuse contained in this subsection.

(1) Any staff 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 contained in this subsection are met.

(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) Other health problems. If it is reported or observed that an employee has a physical, mental, or emotional condition that impairs his or her ability to perform assigned job responsibilities, a report of a physical or psychological examination by a licensed physician or mental health professional may be required by Licensing.

(f) Employee qualifications. Program employees are required to comply with the requirements contained in this subsection which are applicable to their positions.

(1) Director. A director hired after the effective date of these requirements is required to be at least 21 years of age, have a high school diploma, or GED and one year of satisfactory experience in a child care or part-day children's program.
(2) Teachers. Teachers hired after the effective date of these requirements are required to be at least 18 years of age.
(3) Assistant teachers. Assistant teachers are at least 16 years of age.

(g) Responsibilities. Program employees are required to comply with applicable requirements contained in this subsection.

(1) Director. The director is the person responsible for the day to day operation of the program and is responsible for:

(A) appointing a staff member to take responsibility for the operation of the program in the director’s absence;
(B) maintaining a facility which meets the minimum requirements;
(C) submitting to Oklahoma Child Care Services licensing records office criminal history investigations and obtaining dispositions on any charges shown on the report that lack dispositions;
(D) ensuring Form 07LC096E, Criminal Background Review, completed by Oklahoma Child Care Services licensing records office is on file at the facility prior to any person being employed or allowed to live in the facility;
(E) obtaining and documenting three references, excluding relatives, for new staff;
(F) supervising the conduct of staff, volunteers, or others who provide services in the facility; and
(G) cooperating with licensing representatives and other appropriate agencies in maintaining compliance with requirements or improving the quality of care.

(2) Teachers. Teachers have primary responsibility for the direct care of children.
(3) 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 or teacher does not directly supervise more than two assistant teachers.
(B) Assistant teachers do not have sole responsibility for a group of children for more than three hours a day.

(4) Volunteers. Volunteers counted in the staff-child ratio are required to meet all requirements set forth in this Part; and are under the direct supervision of the director or a designated staff member.
(5) Substitutes. Substitutes are required to carry out the assigned responsibilities of the position they are filling.

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

(1) Orientation. Each director and staff member is required to receive orientation to include:

(A) infection control;
(B) injury prevention;
(C) handling common childhood emergencies, including choking;
(D) the program's policy and procedure and staff responsibility for implementing them;
(E) requirements for Part-day Child Care Programs;
(F) staff's assigned duties and responsibilities;
(G) emergency procedures in the event of injury, severe weather, fire, including use of fire extinguishers, and similar emergency equipment;
(H) the definition, identification, and mandatory reporting of child abuse and neglect;
(I) the daily schedule;
(J) the method used to inform staff of any special health, nutritional, or developmental needs of children in the program; and
(K) confidentiality of information regarding children and their families.

(2) Health and safety training. All staff are required to comply with the health and safety training requirements contained in this paragraph.

(A) There is staff on or off the program premises whenever children are in care including during transportation, who have current documentation of certification in age-appropriate first aid and cardio-pulmonary resuscitation (CPR) as approved by Oklahoma Child Care Services licensing.
(B) The first aid certification 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, for example, sprains, fractures;
(ix) dental emergencies;
(x) head injuries;
(xi) allergic reactions;
(xii) eye injuries;
(xiii) loss of consciousness;
(xiv) electric shock; and
(xv) drowning.

(3) Ongoing training. The director and staff are required to obtain training that is relevant to job responsibilities including age-appropriate childhood education. Training may include workshops, conferences, use of videos, and other such training.
(4) Food service training. Within one year of employment, the person primarily responsible for food service 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.

(5) Documentation of training. Training is documented for each staff member and include the topic, training provided, and date.

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