SECTION 340:110-1-5. Inquiries

(a)   Inquiries. An inquiry regarding Licensing child care facilities is referred to the Licensing staff in the geographical area where the inquirer is located.

(1)   The referral includes the name, address, phone number, and type of care the program is providing or planning to provide.

(2)   On inquiry receipt, the Licensing staff provides the inquirer with the applicable Licensing requirements and, when appropriate, referrals to other agencies involved in regulating child care facilities, such as the fire department, health department, and local city regulatory offices.

(3)   When the inquirer is currently providing child care, procedures in Oklahoma Administrative Code(OAC) 340:110-1-13 are followed. Licensing informs the inquirer they are not to provide child care without permission to operate from Child Care Services (CCS).

(b)   Tribal and federal facilities. Tribal and federal child care facilities not requiring a state license but may request licensure are:

(1)   on Indian tribal land;

(2)   licensed by a tribe, with a CCS cooperative licensing agreement; and

(3)   operating on military bases or federal property.

(c)   In-home caregiver. Adult and Family Services (AFS) Child Care Subsidy approves contracted child care when care is provided in the child's own home and no license is required.

(d)   Inquiry records. Inquiry records are maintained in the Licensing staff's office. Inquiry information is provided to the supervisor on request.

(e)   Request for licensure. When the inquirer indicates an interest in becoming licensed, Licensing staff:

(1)   determines the necessity for a license according to the Oklahoma Child Care Facilities Licensing Act, Section 403 of Title 10 of the Oklahoma Statutes (10 O.S. § 403). Additional exemptions not designed or intended for child care include:

(A)   programs operating less than 10 weeks annually;

(B)   summer programs operating less than eight hours per day;

(C)   programs serving children 3 years of age and older, offering elementary education in kindergarten through third grade;

(D)   summer youth camps, summer programs, or after-school programs for children who are at least 4 years of age, accredited by a national standard-setting agency or church camp accreditation program or are accredited by, chartered by, or affiliated with a national non-profit organization;

(E)   programs providing care and supervision for school-aged children only in a center-based program for 21 or fewer hours per week and located in a county with a population of less than 100,000, according to the latest Federal Decennial Census;

(F)   programs where children are limited from enrolling in multiple sessions because of the type of activity or ages accepted;

(G)   programs where children are not enrolled by the parents and are free to come and go;

(H)   programs including family child care homes providing care and supervision for 15 or fewer hours per week; and

(I)   sponsors operating two or more programs in the same building when each operates 15 hours or less per week;

(2)   reviews the Licensing requirements with the inquirer for determining compliance;

(3)   ascertains the inquirer's qualifications to operate a program; and

(4)   provides program consultation regarding quality care.

[Source: Amended at 10 Ok Reg 2369, eff 6-11-93; Amended at 11 Ok Reg 385, eff 10-15-93 (emergency); Amended at 11 Ok Reg 2773, eff 6-13-94; Amended at 13 Ok Reg 499, eff 11-14-95 (emergency); Amended at 13 Ok Reg 2663, eff 6-28-96; Amended at 14 Ok Reg 2174, eff 5-14-97 (emergency); Amended at 15 Ok Reg 1727, eff 5-11-98; Amended at 16 Ok Reg 2527, eff 7-1-99; Amended at 18 Ok Reg 2144, eff 6-11-01; Amended at 20 Ok Reg 1259, eff 6-01-03; Amended at 22 Ok Reg 1304, eff 6-1-05; Amended at 23 Ok Reg 1092, eff 6-1-06; 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 28 Ok Reg 1669, eff 7-1-11; Amended at 36 Ok Reg 181, eff 12-17-18 (emergency); Amended at 36 Ok Reg 1892, eff 9-16-19]