SECTION 340:40-13-2. Approving in-home child care

(a)   Purpose. In-home child care is defined as care given to a child by a relative coming into the child's own home. A parent may choose an in-home provider when an out-of-home provider is available. The purpose of standards for in-home care is to help ensure the safety of children cared for in their own home when the usual, responsible adult is temporarily absent due to employment, training, illness, or other valid reason.

(b)   Qualifications of caregiver. The caregiver:

(1)   must be related to the child. Related to means an aunt, uncle, grandparent, great grandparent, or sibling not living in the home;

(2)   must be at least 18 years of age;

(3)   demonstrates the vitality and flexibility needed to care for children as well as the ability to exercise good judgment and appropriate authority;

(4)   may not be a member of the child's household;

(5)   may only care for the child of one family at a time. The provider may provide care to more than one family as long as the hours do not overlap and the child of each family is cared for in his or her own home; and

(6)   must not be under the effects of alcohol, illegal drugs, or medication that impairs functioning when caring for children.

(c)   Requirements prior to approval of the caregiver for subsidy payment. After a caregiver is selected, requirements in (1) through (3) of this subsection must be met before the caregiver may be approved as an in-home provider.

(1)   The client and caregiver must complete and sign forms described in (A) through (C).

(A)   Form 08CC003E, In-Home Mutual Agreement and Notification to Provide Child Care Services, notifies the caregiver of the eligibility and child care plan for the child requiring care and the intent of the parent or caretaker to receive care from the caregiver. Once approved, it also serves as the in-home provider's authorization to bill the Oklahoma Department of Human Services (DHS) for services provided on or after approval.

(B)   Form 08CC004E, Mutual Agreement Regarding the Plan of Care, serves as a basis for discussion between the parent or caretaker and the in-home provider of the plan of care for the child, duties of the in-home provider, how to handle emergencies, and the family rules.

(C)   Form 08CC005E, In-Home Provider Health and Safety Checklist, serves as a basis for discussion between the parent or caretaker and the in-home provider of adequate safety precautions and possible safety hazards in the child's home. The parent or caretaker is also responsible for informing the provider of known risks of a contagious condition of one or more persons in the household. The disclosure allows for training in the universal precautions against exposure.

(2)   The caregiver must provide photo identification and a copy of his or her Social Security card.

(3)   The caregiver must provide proof of the results of an Oklahoma State Bureau of Investigation (OSBI) criminal history investigation as described in (A) of this paragraph and not be guilty of crimes or enter a plea of guilty or nolo contendere, no contest, to crimes described in (B) of this paragraph.

(A)   Criminal history investigations:

(i)   are required and must be provided by each caregiver and substitute caregiver, prior to caring for children;

(ii)   are not required for persons who have documentation of a criminal history investigation within the last 12 months;

(iii)   must be obtained from:

(I)   the Oklahoma State Bureau of Investigation (OSBI); and

(II)   the authorized agency in the previous state of residence when the individual has resided in Oklahoma less than one year;

(iv)   must include a search of the Oklahoma Department of Corrections files maintained by OSBI per the Sex Offenders Registration Act; and

(v)   must include a computer check completed by the worker using the Social Security number of the potential caregiver. When a Child Welfare Services (CWS) case number appears, the worker consults with CWS staff to determine if concerns exist about the potential in-home provider's ability to care for children.

(B)   When a caregiver's criminal history report includes a conviction of fiscal mismanagement, such as embezzlement or fraud, or repeated convictions that indicate a pattern of criminal activity the in-home provider is not approved. Persons who are convicted of or enter a plea of guilty or nolo contendere, no contest, to certain crimes are not approved to care for children or be substitute caregivers. These crimes include:

(i)   violence against a person;

(ii)   child abuse or neglect;

(iii)   possession, sale, or distribution of illegal drugs;

(iv)   sexual misconduct; or

(v)   gross irresponsibility or disregard for the safety of others.

(4)   After requirements described in (1) through (3) of this subsection are met, the worker scans the supporting documentation into imaging and sends an email to Adult and Family Services (AFS) Child Care Subsidy requesting approval.

(A)   When the chosen caregiver is approved as an in-home provider, the approval is valid for a maximum of one year from the date AFS Child Care Subsidy staff signs Form 08CC003E. This form must be renewed annually. When approved, AFS Child Care Subsidy staff mails the in-home provider a copy of Form 08CC003E advising the in-home provider of the assigned contract number.

(B)   When the chosen caregiver is not approved as an in-home provider, AFS Child Care Subsidy staff sends a letter to the caregiver advising of the denial. The worker sends Form 08MP038E, Client Notice of Action Taken, to the client informing him or her of the denial of benefits and need to choose another caregiver.

(5)   The caregiver must be currently certified in first aid and infant and child cardiopulmonary resuscitation (CPR) from a DHS-approved source.

(d)   Duties of the caregiver. The caregiver:

(1)   provides adequate care and supervision of children at all times, including frequent observations of children in cribs or playpens. The caregiver must arrange to have a competent adult provide consistent supervision during his or her absence from the home;

(2)   is responsible only for children specified on Form 08CC003E;

(3)   is aware of adequate safety precautions and takes action to correct hazards to children's safety, both indoors and outdoors;

(4)   provides opportunities for learning, indoor and outdoor play, rest periods, and meals. The caregiver ensures the use of television is age-appropriate and suitable for children;

(5)   gives understanding, consistent, and loving guidance. Discipline is constructive and educational in nature and appropriate to the child's age and circumstances. Loud, profane, and abusive language, corporal punishment, or any technique that is either humiliating or frightening to children is not used. Discipline is not associated with rest, toilet training, or loss of food;

(6)   seeks emergency medical attention in case of sudden illness or accident. The parent or guardian stipulates who is called in case of an emergency by entering this information on Form 07LC038E, Child Information. The caregiver has emergency phone numbers readily available at all times. Emergency phone numbers include 911, the fire department, police department, ambulance service, and physician or clinic;

(7)   prepares and serves food. The child's family provides the food used to prepare snacks and meals. The caregiver consults with the child's parent(s) or guardian to ensure a balanced diet suitable to the age and physical development of the child is provided; and

(8)   ensures the child's school attendance in accordance with the requirements of the Oklahoma State Department of Education.

(e)   In-home provider training requirements. The in-home provider must read "The Good Health Handbook - A Guide For Those Caring For Children" within 90-calendar days of the approval date of the in-home provider shown on Form 08CC003E. The in-home provider signs and completes Form 08CC008E, In-Home Child Care Provider Training Declaration of Completion, and returns it to the AFS Child Care Subsidy staff. The signature and completion of Form 08CC008E meets the in-home provider training requirement for the first year of approval.

(1)   After the first year of approval, the in-home provider must annually receive and declare six clock-hours of training. The provider can meet the training requirement by attending workshops, formal training programs, viewing videos, or through individual job-related readings. The declaration is valid for one year from the date the provider signs the document.

(2)   Training hours earned by the in-home provider may transfer from one family to another during the year the declaration is in force.

(f)   Requirement to renew the in-home provider agreement. Form 08CC003E is completed annually.

(g)   Requirements prior to approval for a special needs child care rate for a child with disabilities. When an in-home child care provider cares for a child with disabilities, the provider may be approved for the special needs rate in addition to the applicable daily rate. Prior to receiving this additional rate, the:

(1)   client, provider, and worker must complete Form 08CC006E, In-home Child Care Certification for Special Needs, per Oklahoma Administrative Code 340:40-7-3.1;

(2)    provider must receive on-site consultation regarding the nature of the child's disability and the development of the child care plan including how to operate equipment needed by the child and any specialized training needs. The consultant provides available resource materials that may aid the provider for the child. This consultation may be provided by a:

(A)   health care professional;

(B)   child guidance specialist;

(C)   SoonerStart provider when the child is younger than 3 years of age;

(D)   public school teacher, who is familiar with the child; or

(E)   consultant through the Center for Early Childhood Professional Development; and

(3)   provider must agree to obtain six additional hours of training in areas that address the care of children with disabilities within six months of approval. This training is documented on Form 08CC008E.

(A)   First aid, CPR, or informal training is not counted to meet the special training requirement.

(B)   Countable formal training must be from a DHS-approved sponsor.

[Source: Added at 17 Ok Reg 25, eff 10-1-99 (emergency); Added at 17 Ok Reg 1244, eff 6-1-00; Amended at 20 Ok Reg 2048, eff 7-1-03; Amended at 24 Ok Reg 1027, eff 6-1-07; Amended at 26 Ok Reg 1266, eff 7-1-09; Amended at 27 Ok Reg 1220, eff 6-1-10; Amended at 30 Ok Reg 655, eff 6-1-13; Amended at 35 Ok Reg 36, eff 10-1-17 (emergency); Amended at 35 Ok Reg 1647, eff 9-17-18]