SECTION 340:110-1-6. Request for license process

(a)   Request for license. The licensing staff provides Form 07LC004E, Request for License - Child Care Program, to individuals interested in licensure.

(1)   When requested a license may be issued to a primary caregiver and spouse. References are obtained for both individuals, and both must demonstrate compliance with requirements. A primary caregiver must be identified and meet all primary caregiver requirements.

(2)   Proof of ownership must be provided according to Oklahoma Department of Human Services (DHS) Appendix L-7, Ownership Proof Chart.

(3)   Care may be provided in a location other than the primary caregiver's residence.

(4)   When permission to operate has not been granted, contact is made by phone every two months and documented on Form 07LC080E, Licensing Services Supplemental Information.

(b)   Permission to operate. The program may be granted permission to operate on application status when the licensing staff determines an applicant is temporarily unable to comply with all licensing requirements, but the services are needed and the non-compliance does not place children at risk of imminent harm. These situations are staffed with the regional programs manager for permission to operate. Permission to operate cannot exceed 30-calendar days.

(c)   Child care provider contract. The licensing staff advises the child care program of the opportunity to contract with DHS for the care of children whose families receive subsidized child care benefits, per Oklahoma Administrative Code (OAC) 340:40-13-5. The licensing staff documents a child care contract promotional flyer is provided to the program.

(d)   Reopening a family child care home. When a family child care home has been closed for less than 12 months and had a record of compliance prior to closure, the licensing staff obtains a new Form 07LC004E and may recommend license issuance after one compliant monitoring visit.Previous references may be utilized. Prior to issuance of the license, background investigations must be conducted per OAC 340:110-1-8.1.

(e)   Reopening a child care center, day camp, drop-in, out-of-school time, part-day program, or program for sick children. When a program has been closed and the same owner requests to reopen, a new Form 07LC004E is completed.

(1)   Fire and health inspections completed within the last 12 months may be used, unless concerns exist.

(2)   When the program has been closed less than 12 months:

(A)   previously obtained director references may be used;

(B)   background investigations must be conducted per OAC 340:110-1-8.1; and

(C)   with a record of compliance prior to closure, the licensing staff may recommend license issuance after one compliant monitoring visit.

(f)   Computer checks on license applicants. Computer checks to identify prior involvement with DHS are completed on required individuals per OAC 340:110-1-8.1(g).

(g)   Family child care homes approved to provide foster care. A primary caregiver approved to provide foster care may be licensed as a family child care home. The primary caregiver cannot be licensed when approved for therapeutic foster care per OAC 340:75-7-19. The approval for dual service is made by the licensing supervisor prior to each child placement, based upon the recommendation of the licensing staff and DHS foster care staff. Licensing staff complete Form 07LC099E, Dual Approval Request for Foster Care Placement. When a joint consensus is not achieved, either division may request a review by the dual approval committee for a final decision. The decision for approval is:

(1)   based upon the number, ages, and specific needs of children potentially eligible for child care and foster care and receipt of a written agreement from the primary caregiver stating the individual(s) from whom the child was removed will not be present during the hours of child care;

(2)   documented in the case record; and

(3)   reviewed with the primary caregiver and foster care worker at least once every 12 months or when concerns exist.

(h)   Withdrawal of request for license. When an applicant:

(1)   requests to withdraw the request for license prior to issuance of an initial permit the licensing staff:

(A)   documents this request on Form 07LC080E, Licensing Services Supplemental Information;

(B)   confirms no children are in care; and

(C)   may close the case, unless negative action is warranted.

(2)   has not had children in care for more than 12 months, the applicant is requested to withdraw the request for license. When the applicant:

(A)   agrees to withdraw the request, licensing staff:

(i)   documents this discussion on Form 07LC080E;

(ii)   provides a letter notifying the applicant of withdrawal of request for license; and

(iii)   proceeds with case closure; or

(B)   does not agree to withdraw the request, licensing staff; or

(i)   documents this discussion on Form 07LC080E;

(ii)   provides a letter notifying the applicant of case closure within 10-calendar days of receipt of letter; and

(iii)   proceeds with case closure.

[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 325, eff 5-18-95 (emergency); 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 285, eff 11-3-98 (emergency); Amended at 16 Ok Reg 1080, eff 4-26-99; Amended at 16 Ok Reg 2527, eff 7-1-99; Amended at 18 Ok Reg 2144, eff 6-11-01; Amended at 19 Ok Reg 658, eff 2-1-02 (emergency); Amended at 19 Ok Reg 1171, eff 5-13-02; Amended at 20 Ok Reg 1259, eff 6-1-03; Amended at 21 Ok Reg 910, eff 6-1-04; Amended at 22 Ok Reg 1304, eff 6-1-05; Amended at 23 Ok Reg 1092, eff 6-1-06; 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 29 Ok Reg 1229, eff 7-1-12; Amended at 34 Ok Reg 1640, eff 9-15-17]