Licensing Requirements For Residential Child Care Facilities

Licensing Requirements forResidential Child Care FacilitiesEffective Date 11/1/2020

FOREWORDLicensing requirements govern child care facilities in the State of Oklahoma.These rules are minimum requirements for the care and protection of children incare outside their own homes. They were developed by Oklahoma Departmentof Human Services (DHS) Child Care Services with input from individuals fromvarious professions with expertise in child care, including providers; the ChildCare Advisory Committee; and the public. The requirements were approved bythe DHS Director and the Governor of the State of Oklahoma pursuant to theOklahoma Administrative Procedures Act.It is the intent of DHS that licensing requirements are clear, reasonable, fair andenforceable. In the interest of serving the public, comments are welcomed andwill be considered for future revisions or development of new requirements.Please complete the form below and send it to:Oklahoma Department of Human ServicesChild Care ServicesP.O. Box 25352Oklahoma City, OK 73125COMMENTS REGARDING LICENSING REQUIREMENTSLicensing Requirements for:Reference: Please give the cite and topic of the specific requirement towhichwhichyouyou are referring, such as Section 146, regarding (re.) Definitions.re: Sectionre: SectionRecommendation:Reason:Your NameReturn Address:DateOklahoma Department of Human ServicesChild Care ServicesP.O. Box 25352Oklahoma City, OK 73125FAX (405) 522-2564Residential Child Care FacilitiesEffective 11-1-2020

REQUIREMENTS FOR RESIDENTIAL FACILITIES(340:110-3-145 THROUGH 340:110-3-109)Residential Child Care FacilitiesEffective 11-1-2020

REQUIREMENTS FOR RESIDENTIAL FACILITIES(340:110-3-145 THROUGH 340:110-3-170)Section 145. Purpose and policy of the law . 1Section 146. Definitions . 1Section 147. License . 5Section 148. Technical assistance. 5Section 149. Complaint investigation . 5Section 150. Denial or revocation of license . 5Section 151. Public records . 6Section 152. Organization and administration . 7(a) Intent statement. 7(b) Organizational structure . 7(c) Governing and advisory board. 7(d) Administrative policy . 8(e) Records and reports . 8(f) Notifications . 8Section 153. Finances . 10(a) Evidence of sufficient funds . 10(b) Fiscal responsibility . 10(c) Accountability . 10(d) Insurance . 10Section 153.1. Personnel . 11(a) Personnel policy. 11(b) Personnel and responsibilities . 11(c) Volunteers . 11(d) Executive director and program director qualifications . 11(e) Child care and supervisory personnel qualifications . 12(f) Social services personnel qualifications . 12(g) Employment requirements . 12(h) Background investigations - general . 13(i) Background investigations – Restricted Registry . 14(j) Background investigations – criminal history . 14(k) Prohibited individuals . 15(l) Orientation . 16(m) Personnel professional development . 16Residential Child Care FacilitiesEffective 11-1-2020

(n) Documentation . 18(o) Personnel records . 18Section 153.2. Supervision of residents. 19Section 154. Social services . 19(a) Admission . 19(b) Service planning. 20(c) Services . 21(d) Discharge procedures . 21(e) Resident’s records . 21Section 154.1. Program. 23(a) Rights of residents . 23(b) Visitation . 24(c) Education . 24(d) Care of children birth to five years of age . 24Section 154.2. Behavior management . 25(a) Behavior management policy. 25(b) Prohibitions . 25(c) Separation . 25(d) Physical restraint . 25Section 154.3. Health and medical services . 26(a) Medical plan . 26(b) Physical examination . 26(c) Medical care . 26(d) Immunizations . 26(e) Medication . 26(f) First aid supplies . 26Section 154.4. Food and nutrition . 27(a) Menu planning . 27(b) Frequency and quality of meals . 27(c) Special diets . 27(d) Meals . 27Section 154.5. Transportation . 28(a) Vehicle requirements . 28(b) Driver requirements . 28(c) Safety practices . 28(d) Transportation records . 29(e) Insurance . 29(f) Emergency planning . 29Section 157. Physical facility and equipment . 30Residential Child Care FacilitiesEffective 11-1-2020

(a) New construction . 30(b) Square footage . 30(c) Basements . 30(d) Mobile homes . 30(e) Storage of personal belongings. 30(f) Staff sleeping quarters . 30(g) Staff space . 30(h) Bathrooms . 30(i) Diaper changing . 30(j) Sanitation and safety . 30(k) Furnishings and decor . 31(l) Telephones. 31(m) Health regulations . 31(n) Fire safety . 31(o) Environmental quality . 31Section 163. Buildings, utilities, and grounds regulations. 32Section 164. Food service requirements . 35Section 165. Construction and fire safety . 40Section 165.1. Safety and emergency preparedness requirements . 42Section 166. Requirements for regimented residential programs . 43(a) Regimented residential programs . 43(b) Requirements . 43(c) Administrative policy . 43(d) Executive director qualifications . 43(e) Supervision of residents . 43(f) Physical examination . 43(g) Physical facility . 43(h) Staff sleeping quarters . 43(i) Toilets, sinks, and bathtubs or showers . 44Section 167. Requirements for children’s shelters . 45(a) Children’s shelter . 45(b) Requirements . 45(c) Tuberculin test . 45(d) Supervision of residents . 45(e) Admission . 45(f) Service plan . 46(g) Physical facility . 46Section 168. Requirements for residential treatment facilities . 47(a) Residential treatment facilities . 47(b) Requirements . 47Residential Child Care FacilitiesEffective 11-1-2020

(c) Personnel . 47(d) Supervision of residents . 47(e) Admission . 47(f) Service planning. 47(g) Portable pools . 47(h) Discharge procedures . 47(i) Visitation . 47(j) Behavior management . 48Section 169. Requirements for secure care facilities. 50(a) Secure care facility. 50(b) Requirements . 50(c) Supervision of residents . 50(d) Searches and contraband. 50(e) Door security . 50(f) Key control. 50(g) Weapons . 50(h) Behavior management . 50(i) Emergency numbers . 52Section 170. Requirements for family-style living programs . 53(a) Family-style living program . 53(b) Requirements . 53(c) House parent. 53(d) Child-family relationship . 53(e) Sibling groups . 53(f) Program policies . 53(g) Program . 53(h) Meal time . 54(i) Physical facility and furnishings . 54SUPPLEMENT I Oklahoma Child Care Facilities Licensing Act . 55SUPPLEMENT II What is Child Abuse? . 78SUPPLEMENT III. Child Passenger Restraint System . 79SUPPLEMENT IV Immunization Requirements for Child Care . 84SUPPLEMENT V Minimum Quantities For Food Based Menus . 87Revisions To Requirements . 89Residential Child Care FacilitiesEffective 11-1-2020

PART 9. REQUIREMENTS FOR RESIDENTIAL CHILD CARE FACILITIESSection 145. Purpose and policy of the lawIt is the declared purpose and policy of the Oklahoma Child Care Facilities LicensingAct [10 O.S. § 401 through 410] to ensure maintenance of minimum standards for thecare and protection of children away from their own homes, to encourage and assist thechild care facility to attain maximum standards, and to work for the development ofsufficient and adequate services for child care.Section 146. DefinitionsThe following words and terms, when used in this Part, shall have the followingmeaning, unless the context clearly states otherwise:"Advisory board" means the entity offering advice and counsel on programoperation."Age or developmentally appropriate" means per Section 1-1-105 of Title 10A ofthe Oklahoma Statutes (10A O.S. § 1-1-105) suitable, developmentally appropriateactivities for children of a certain age or maturity level based on the development ofcognitive, emotional, physical, and behavioral capacities typical for the age group andthe individual child."Basement" means an area of a building or stru

"Children's services" means an educational program, child welfare agency, child-serving institution, child-placing agency, foster family home, hospital, or mental health treatment program serving children. "Children's shelter" means a non-secure public or private residential program providing temporary care and supervision for children.