SECTION 340:110-1-46. Types of issuances

(a)   Six-month permit. New residential child care programs or child-placing agencies may be issued a six-month permit. When the program was previously licensed at another location and had a pattern of compliance, the six-month permit may be waived. The owner's Licensing compliance history is considered.

(1)   Licensing staff may recommend a permit when the program is in compliance with Licensing requirements, regarding:

(A)   the number of qualified personnel;

(B)   completed criminal history review results for all required individuals;

(C)   professional development, including current cardio-pulmonary resuscitation (CPR) and first aid certifications;

(D)   hazards indoors and outdoors;

(E)   liability insurance coverage;

(F)   fire safety; and

(G)   other areas affecting children's safety.

(2)   Licensing staff conducts a full-monitoring visit documenting compliance with Licensing requirements no more than 60-calendar days, prior to six-month permit issuance.

(b)   Documentation for six-month permit.

(1)   The items required on file for a six-month permit issuance include:

(A)   Form 07LC040E, Request for License Child-Placing Agency and Residential Child Care;

(B)   proof of ownership;

(C)   current personnel list;

(D)   Form 07LC041E, Personnel Information, for each personnel;

(E)   required background investigations documentation, per Oklahoma Administrative Code (OAC) 340:110-1-8.1, including completed criminal history review results for all required individuals;

(F)   State Fire Marshal's approval for residential programs within the previous 12 months;

(G)   health department approval for residential programs within the previous 12 months, when meals are prepared and served;

(H)   Form 07LC057E, Physical Plant, for residential programs;

(I)   completed applicable compliance review questionnaire with supporting documentation; and

(J)   applicable policy per applicable Licensing requirements.

(2)   During the six-month permit period, at least three monitoring visits are completed to document Licensing requirements are met, and observe child care or child-placing activity where applicable.

(c)   Second and subsequent six-month permits. When subsequent permits are recommended, the procedures in this subsection are followed.

(1)   Programs manager approval is needed for subsequent permits when programs are recommended for, or are in the process of, a consent agreement or request for license denial.

(2)   Licensing staff consults with the programs manager prior to recommending a second or subsequent permit.

(3)   Licensing staff provides a letter to the applicant notifying him or her each time a second or subsequent permit is recommended. The reason for the recommendation is clearly stated in the letter, with each non-compliance area listed separately.

(4)   When the subsequent permit is due to repeated or serious non-compliance with Licensing requirements, Licensing staff monitors the program, at least monthly and is accompanied by a witness, when possible. When the non-compliance indicates the program is unable or unwilling to meet Licensing requirements, the programs manager is consulted.

(5)   When requirements are met prior to the second or subsequent six-month permit expiration, license issuance may be recommended per (a)(1) of this Section.

(6)   When children were not in care on a regular basis or no child-placing activity occurred during the previous 12 months, the applicant is requested to withdraw the request for license, per OAC 340:110-1-45.

(d)   License issuance. When Licensing staff determines the program or agency is operating in compliance with the program's or agency's own policy and procedures and in compliance with Licensing requirements, a recommendation is made to issue a license. Prior to recommending license issuance, Licensing staff completes at least three monitoring visits. A monitoring visit must be conducted within 60-calendar days of the issuance date, and children in care must be observed during at least one monitoring visit, when applicable. A license is in effect unless revoked or the program voluntarily closes.

(e)   Documentation for license issuance. In addition to the items listed in (a) thru (c)(6) of this Section for permit issuance, the items required on file before license issuance include an updated personnel list.

(f)   Evaluation and disposition.

(1)   The programs manager reviews Licensing staff case action recommendations before forwarding to the statewide licensing coordinator or designee.

(2)   The statewide licensing coordinator or designee reviews all case action recommendations. When a license or permit is approved, owner notification is provided.

[Source: Added at 11 Ok Reg 399, eff 10-15-93 (emergency); Added at 11 Ok Reg 2773, eff 6-13-94; Amended at 17 Ok Reg 462, eff 10-19-99 (emergency); Amended at 17 Ok Reg 1339, eff 5-11-00; Amended at 18 Ok Reg 2144, eff 6-11-01; Amended at 19 Ok Reg 221, eff 11-1-01 (emergency); Amended at 19 Ok Reg 1171, eff 5-13-02; Amended at 20 Ok Reg 1274, eff 6-1-03; Amended at 22 Ok Reg 1304, eff 6-1-05; Amended at 24 Ok Reg 1351, eff 7-1-07; Amended at 25 Ok Reg 1962, eff 7-1-08; Amended at 26 Ok Reg 415, eff 11-20-08 (emergency); Amended at 26 Ok Reg 2239, eff 7-1-09; Amended at 27 Ok Reg 48, eff 10-1-09 (emergency); Amended at 27 Ok Reg 1869, eff 7-1-10; Amended at 28 Ok Reg 1669, eff 7-1-11; Amended at 29 Ok Reg 1229, eff 7-1-12; Amended at 32 Ok Reg 704, eff 1-1-16 through 9-14-16 (emergency); Amended at 33 Ok Reg 1683, eff 11-1-16; Amended at 36 Ok Reg 1907, eff 11-1-19]

Note

EDITOR’S NOTE: This emergency action expired before being superseded by a permanent action. Upon expiration of an emergency amendatory action, the last effective permanent text of the Section is reinstated. Therefore, on 9-15-16 (after the 9-14-16 expiration of this emergency action), the text of 340:110-1-46 reverted back to the permanent text that became effective 7-1-12, as was last published in the 2015 OAC Supplement, and remained as such until amended by permanent action on 11-1-16.