OKDHS - OAC 340:110-3-85. Requirements for caregivers

340:110-3-85. Requirements for caregivers

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Revised 7-01-10

(a) Responsibilities of caregivers. Responsibilities of caregivers are outlined in this subsection.

(1) Primary caregiver. The primary caregiver is present in the home at least 80 percent of weekly operating hours and is responsible for the day-to-day operation of the program. The sole proprietor must be the primary caregiver.
(2) Care and supervision. The caregiver provides care and supervision of children at all times, both indoors and outdoors. Supervision of children means observing, overseeing, and guiding a child or group of children including:

(A) awareness of and responsibility for the ongoing activity of each child and being near enough to intervene if needed; and
(B) frequent observation of children in cribs and playpens.

(3) Supervision of outdoor play. In addition to the requirements in (2) of this subsection, the caregiver remains outdoors with children at all times to ensure their safety when:

(A) there is a potentially hazardous situation, such as a pool on the premises or a trampoline in the outdoor play area;
(B) there is access to a dog(s) outdoors;
(C) there are children three years of age or younger present; or
(D) the outdoor area is not completely fenced.

(4) Supervision of overnight care. If children are in care overnight and more than one caregiver is required due to the ages and number of children present, at least one caregiver must be awake at all times.
(5) Assistant and substitute caregivers. If the primary caregiver employs a person to assist with the care of children or to provide care and supervision in the primary caregiver's absence, the primary caregiver ensures that the assistant or substitute caregiver is qualified and understands and complies with requirements.

(A) Required records. Prior to employment, a staff information form provided by Oklahoma Department of Human Services (OKDHS) is completed and three references are verified. References from relatives are not accepted. Personnel records on all assistant and substitute caregivers are maintained at the home and made available to licensing staff upon request.
(B) Assistant caregiver. If an assistant caregiver is employed to meet the required staff to child ratio, the assistant caregiver must be a responsible, mature, healthy person at least 16 years of age. The caregiver is prohibited from leaving children alone in the care of any person younger than 18 years of age.
(C) Substitute caregiver. A substitute caregiver, at least 18 years of age, is available to provide care for short periods of time in the absence of the caregiver.

(i) The substitute caregiver may be used in emergency situations and occasionally in non-emergency situations. In non-emergency situations, the caregiver must notify parents in advance that the substitute will be caring for their child at these times.
(ii) The name, address, and telephone number of the substitute is provided to OKDHS and is posted with the other required emergency numbers in the family child care home.

(6) Verification of criminal history investigations. The family child care owner or primary caregiver is responsible for submitting to Oklahoma Child Care Services (OCCS) licensing records office, criminal history investigations and obtaining dispositions on any charges shown on the report that lack dispositions.
(7) Realistic expectations. The caregiver demonstrates a capacity for setting realistic expectations for behavior and performance based on the age, abilities, and special needs of the children.
(8) Constructive influence. The caregiver's family members and others living in the home accept the children in care and provide constructive influence. There must be indication of a stable and harmonious home life.
(9) Hazards. The caregiver recognizes and acts to correct hazards to children's safety, both indoors and outdoors.
(10) Child abuse reporting. The primary caregiver, assistant caregiver, and substitute caregiver immediately report any suspicion of child abuse or neglect to the Statewide Child Abuse Hotline, 1-800-522-3511. Failure to report is a misdemeanor offense and upon conviction is punishable by law.
(11) Notification of Licensing Services. The primary caregiver notifies Licensing Services:

(A) within 24-hours of the death of a child in care;
(B) within 24-hours of any accident involving transportation unless there were no injuries and only minor damage to the vehicles;
(C) within 24-hours of any changes in liability insurance coverage;
(D) within 24-hours of any injury to a child requiring emergency medical attention;
(E) within 24-hours of any remodeling, changes, or damage to the physical facility that affect compliance with any requirement;
(F) within 24-hours of any known arrest, criminal investigation, criminal charges, or child abuse investigations involving persons who live in the home, provide care, or assist with the care of children;
(G) within 24-hours of any legal action against a caregiver that involves or affects a child in care or the operation of the family child care home;
(H) within 24-hours when an animal bites a child and the skin is broken;
(I) within five days when a person moves into the home; and
(J) at least 30 days in advance of a move from one residence to another unless an emergency exists. The new home must comply with minimum licensing requirements.

(12) Posting of license. The permit or license is displayed in the home.
(13) Other employment. The caregiver is prohibited from conducting business in the home during the hours children are in care. The primary caregiver is not employed outside the home during the hours of child care.
(14) Foster care. The caregiver may not provide therapeutic foster care. The caregiver may provide foster care only with prior written approval from OKDHS Licensing Services for each child placement.

(A) The written approval includes the number and ages of foster children.
(B) Foster children 12 years of age and younger are counted in the capacity of the family child care home.

(15) Inactive care. A primary caregiver is determined to be in inactive status when care has not been provided for more than 90 consecutive days.

(A) Prior to resuming care, the caregiver must notify OKDHS OCCS Licensing Services to verify compliance with family child care home requirements.
(B) If care has not been provided for more than 12 consecutive months, the family child care home is closed and must reapply and be approved for a license prior to resuming care.

(b) Qualifications of caregivers. Qualifications of caregivers are described in this subsection.

(1) General. The caregiver is a responsible, mature, healthy adult who is capable of understanding and complying with minimum licensing requirements and meeting the needs of the children in care. The caregiver demonstrates good judgment, as evidenced by prudent and responsible behavior that reasonably ensures the health, safety, and well-being of children in care.

(A) Primary caregivers applying for a license after October 1, 2007 are at least 21 years of age.
(B) Primary caregivers applying for a license after October 1, 2007 have obtained a high school diploma or General Educational Development (GED).
(C) All caregivers left alone with children have the ability to read and write for keeping required records, reading the licensing requirements, and administering medication.
(D) All caregivers cooperate with licensing staff during monitoring visits and OKDHS investigations.

(2) Health. The requirements relating to the health of the caregiver, assistant caregiver, and members of the household are contained in (A) - (C) of this paragraph.

(A) General health. All caregivers and all members of the household where licensed care is provided must be in good physical, mental, and emotional health. If it is reported or observed that a caregiver or household member has a physical, mental, or emotional condition that could negatively impact the care of children, a physician's statement is requested.
(B) 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.
(C) Immunizations. There is documentation verifying that all children living in the home have or are in the process of obtaining the required immunizations at the medically appropriate time. The schedule for required immunizations is found in Supplement IX of OKDHS Publication no. 86-104, Licensing Requirements for Family Child Care Homes and Large Child Care Homes.

(3) References. The primary caregiver submits to child care licensing the names of three references other than relatives, which may include a personal or family physician.

(c) Background investigations and restrictions for caregivers. The requirements for background investigations and restrictions for caregivers are contained in paragraphs (1) - (6).

(1) Criminal history investigations.

(A) The family child care home owner or the primary caregiver submits to the licensing records office:

(i) documentation of a search conducted within the last 30 days of the Child Care Restricted Registry;
(ii) a completed criminal history investigation conducted within the last 12 months including dispositions on all charges; and
(iii) a criminal history review request on a form provided by licensing, requesting an Oklahoma State Courts Network search for:

(I) any person making application to operate a family child care home;
(Il) all caregivers, including primary, substitute, and assistant caregivers, prior to employment and being left alone with children;
(Ill) all adults living in the facility; and
(IV) persons age 18 years or older prior to their residence in the facility.

(B) Criminal history investigations are not required for:

(i) provider's children who become 18 years of age during continuous residence in the home; and
(ii) a parent volunteer who transports children on an irregular basis.

(C) Criminal history investigations must be obtained from the:

(i) Oklahoma State Bureau of Investigation (OSBI); and
(ii) appropriate agency in the previous state(s) of residence if the person has resided in Oklahoma less than three years.

(D) The OSBI report must include a search of the Oklahoma Department of Corrections files maintained by OSBI pursuant to the Sex Offender Registration Act.

(2) Child Abuse Registry Check. A Child Abuse Registry check is conducted on all persons who sign the license application. A confirmed or substantiated allegation of child abuse or neglect is considered when evaluating the qualifications of the applicant and the safety and well-being of the children in care.
(3) Verification of records search.

(A) Prior to issuance of initial permit or change of ownership. The facility must receive criminal history review results from the OCCS licensing records office for all employees and/or any persons age 18 years or older who live in the facility.
(B) Existing facilities. The facility must submit a criminal history review request on a form provided by OKDHS to the OCCS licensing records office for all employees prior to employment and prior to any persons age 18 years or older being allowed to live in the facility. This request for review must be maintained on file at the facility while awaiting the results.

(4) Restrictions. Persons who have pending charges, unless waived by OCCS, or are convicted of or enter a plea of guilty or nolo contendere, no contest, to certain crimes cannot be licensed to care for children, live in a family child care home, provide care for children, or be a substitute or assistant caregiver, or be on the premises when children are in care. Those crimes include:

(A) violence against a person;
(B) child abuse or neglect;
(C) possession, sale, or distribution of illegal drugs;
(D) sexual misconduct;
(E) gross irresponsibility or disregard for the safety of others;
(F) animal cruelty; or
(G) a pattern of criminal activity.

(5) The owner or primary caregiver is restricted from knowingly employing or allowing a registrant to reside in the facility.
(6) Request for waiver. A primary caregiver may request a waiver from the restrictions described in paragraph.

(A) The waiver request is made in writing to OKDHS and considered by the waiver review committee.
(B) The person for whom the waiver is requested cannot be on the premises when children are in care while a decision is pending.
(C) The person for whom the waiver has been denied cannot be on the premises when children are in care.
(D) A waiver may not be granted to any person:

(i) convicted of a sex offense pursuant to the Sex Offender Registration Act;
(ii) required to register under the Mary Rippy Violent Crime Offenders Registration Act; or
(iii) identified as a registrant on the Child Care Restricted Registry.

(7) Endangerment of children. A person whose health or behavior would endanger the health, safety, or well-being of children is not permitted to live in the home or be on the premises when children are in care.
(8) Alcohol, drugs, medication. When children are in care, no caregiver is under the influence of:

(A) alcohol or illegal drugs; or
(B) medication that impairs functioning.

(d) Training requirements. Training requirements for caregivers are contained in (1) - (3) of this subsection. The training listed in paragraphs (2) through (3) is required prior to issuance of the initial permit.

(1) General. The primary caregiver is required to complete 12 clock hours of training annually through workshops, formal training, videos, or individual job-related readings. Annually, no more than six hours of videos or individual job-related readings is counted toward the required 12 hours.
(2) CPR and first aid certification. Prior to permission to operate or issuance of the initial permit, the primary caregiver and any person who cares for children alone, on or off the premises, including during transportation, must have documentation, which is maintained by the caregiver at the facility, of current completed certification in age-appropriate first aid and cardio-pulmonary resuscitation (CPR), as approved by OCCS licensing. CPR and first aid certification must be kept current with documentation maintained by the facility.
(3) Health and safety training. Prior to issuance of the initial permit the primary caregiver obtains training in:

(A) disease and injury prevention measures;
(B) use of a fire extinguisher; and
(C) health and safety issues, including:

(i) shaken baby syndrome;
(ii) sudden infant death syndrome (SIDS);
(iii) car seat safety;
(iv) safeguarding the home;
(v) immunizations;
(vi) the definition, identification, and mandatory reporting of child abuse and neglect; and
(vii) behavior and guidance methods.

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