Okla. Admin. Code § 340:110-3-85 - Caregiver requirements
(a)
Caregiver
responsibilities. Caregiver responsibilities in (1) through (15) of this
subsection are met.
(1)
Primary
caregiver. The primary caregiver is present in the home at least 80
percent of weekly-operating hours and is responsible for the day-to-day program
operation. The sole proprietor is the primary caregiver.
(2)
Care and supervision. The
caregiver provides children's care and supervision at all times, both indoors
and outdoors.
(A) Caregivers prevent and
respond to allergies and life-threatening conditions by:
(i) being aware of children's known food and
life-threatening allergies;
(ii)
knowing the location of life-threatening condition medications; and
(iii) ensuring life-threatening condition
medications, such as epinephrine pens and rescue inhalers, are in close
proximity to the child for immediate administration when needed, including
outdoors when the child is outside, during transportation, or on field trips.
However, medications are inaccessible to children.
(B) Supervision of children means observing,
overseeing, and guiding a child or group of children, including:
(i) awareness of, and responsibility for,
each child's ongoing activity and, being near enough to intervene when
needed;
(ii) observation of infants
at least every 15 minutes while awake or sleeping; and
(iii) observation of children 1 year of age
and older at least every 15 minutes while in cribs and playpens.
(3)
Outdoor play
supervision. In addition to the requirements in (2) of this subsection,
the caregiver remains outdoors with children at all times when:
(A) there is a potentially hazardous
situation, such as a pool on the premises or a trampoline in the outdoor play
area;
(B) there is access to a
dog(s) outdoors;
(C) there are
children 3 years of age and younger present; or
(D) the outdoor area is not completely
fenced.
(4)
Overnight care supervision. When children are in care overnight
and more than one caregiver is required due to the children's ages and number,
at least one caregiver is awake at all times.
(5)
Assistant and substitute
caregivers. When the primary caregiver employs an individual to assist
with or provide children's care and supervision in the primary caregiver's
absence, the primary caregiver ensures the assistant or substitute caregiver is
qualified, understands and complies with requirements, and has current
cardio-pulmonary resuscitation (CPR) and first aid certification documentation,
per Oklahoma Administrative Code (OAC)
340:110-3-85(h).
(A)
Required records. Prior to
employment, a personnel information form provided by Oklahoma Human Services
(OKDHS) is completed. Relative references are not accepted. Assistant and
substitute personnel records are maintained at the home and available to
Licensing on request.
(B)
Assistant caregiver. When an assistant caregiver is employed to
meet the required staff to child ratio, the assistant caregiver is a
responsible, mature, and healthy individual at least 16 years of age. The
caregiver is prohibited from leaving children alone in the care of individuals
younger than 18 years of age.
(C)
Substitute caregiver. A substitute caregiver, at least 18 years of
age, is available to provide care for short periods of time in the caregiver's
absence.
(i) The substitute caregiver may be
used in emergency situations and occasionally in non-emergency situations. In
non-emergency situations, the caregiver notifies parents in advance when the
substitute will be providing care.
(ii) The substitute's name, address, and
phone number are provided to Licensing and posted with the other required
emergency numbers.
(6)
Criminal history investigation
verification. The family child care owner or primary caregiver is
responsible for submitting to OKDHS Office of Background Investigations (OBI),
criminal history investigations and obtaining dispositions on any charges shown
on the report lacking dispositions.
(7)
Realistic expectations. The
caregiver demonstrates a capacity for setting realistic behavior and
performance expectations based on the children's ages, abilities, and special
needs.
(8)
Constructive
influence. The caregiver's family members and others living in the home
accept the children in care and provide constructive influence. There is an
indication of a stable and harmonious home life.
(9)
Hazards. The caregiver
recognizes and acts to correct hazards to children's safety, both indoors and
outdoors.
(10)
Child abuse
and human trafficking reporting. Reporting requirements in (A) and (B)
of this paragraph are met.
(A) Any person who
has reason to believe a child was abused or neglected, per Section 1-1-105 of
Title 10A of the Oklahoma Statutes (10A O.S. § 1-1-105) is required to
report the matter promptly to the OKDHS Child Abuse and Neglect Hotline at
1-800-522-3511, per 10A O.S. § 1-2-101. Failure to report is a misdemeanor
offense and upon conviction is punishable by law. Failure to report with
prolonged knowledge, six months or more, of ongoing abuse or neglect is a
felony offense.
(B) Per 21 O.S.
§ 870, every person having reason to believe that a person or
child-placing agency is engaging in the crime of human trafficking in children,
per 21 O.S. § 866, reports the matter promptly to the Oklahoma Bureau of
Narcotics and Dangerous Drugs Control.
(11)
Licensing notification. The
primary caregiver notifies Licensing within:
(A) 24-hours of a child death while in
care;
(B) 24-hours of accidents
involving transportation unless there were no injuries and only minor vehicle
damage;
(C) 24-hours of changes in
liability insurance coverage;
(D)
24-hours of a phone number change;
(E) 24-hours of an unscheduled temporary or
permanent program closure or relocation;
(F) 24-hours of a child's injury requiring
emergency medical attention;
(G)
24-hours of an incident exposing children to an imminent risk of harm, such as
a child leaving the premises without caregiver knowledge or being left alone
on- or off-site or in a vehicle;
(H) 24-hours of remodeling, changes, or
physical facility damage affecting compliance with licensing
requirements;
(I) 24-hours of known
arrests, criminal investigations, criminal charges, or child abuse
investigations involving individuals living in the home, providing care, or
assisting with children's care;
(J)
24-hours of any legal action against a caregiver involving or affecting a child
in care or program operation;
(K)
24-hours when an animal bites a child and the skin is broken;
(L) 24-hours of any disease or illness
requiring prompt local or Oklahoma State Department of Health (OSDH)
notification, per OAC
340:110-3-90(c)(2)(A).
(M) five-calendar days of an individual
moving into the home; and
(N)
30-calendar days in advance of moving from one residence to another, unless an
emergency exists. The new home complies with licensing requirements.
(12)
Heinous and shocking
abuse notification. OKDHS notifies programs of a substantiated finding
of heinous and shocking abuse by a person responsible for a child's health,
safety, or welfare, as defined per 10A O.S. § 1-1-105. Upon receiving the
notice, the facility owner or primary caregiver provides notification to
parents or legal guardians of children attending the facility using an
OKDHS-provided form.
(A) Notification is:
(i) immediately attempted but not later than
72 hours of notice receipt from OKDHS; and
(ii) provided by certified mail;
and
(B) The program
maintains the list of notified parents and legal guardians for at least 12
months.
(13)
License posting. The permit or license is displayed in the home,
including the denial or revocation notice, when applicable.
(14)
Other employment. The
caregiver is prohibited from conducting business in the home during the hours
children are in care. The primary caregiver is not employed outside the home
during child care hours.
(15)
Foster care. The caregiver may not provide therapeutic foster
care. The caregiver may provide foster care only with prior written approval
from Licensing for each child placement.
(A)
The written approval includes the number and ages of foster children.
(B) Foster children 12 years of age and
younger are counted in the license capacity.
(16)
Inactive care. A primary
caregiver is in inactive status when care was not provided for more than
90-consecutive calendar days.
(A) Prior to
resuming care, the caregiver notifies Licensing to verify compliance with
licensing requirements.
(B) When
care was not provided for more than 12-consecutive months, the family child
care home is closed. Prior to resuming care, the caregiver must reapply and be
approved for a license.
(b)
Caregiver qualifications.
Caregiver qualifications are described in this subsection.
(1)
General. The caregiver is a
responsible, mature, healthy adult capable of understanding and complying with
licensing requirements, and meeting children's needs. The caregiver
demonstrates prudent and responsible behavior reasonably ensuring children's
health, safety, and well-being. Caregivers interact with children without
physical, psychological, or emotional punishment, mistreatment, neglect, or
abuse.
(A) Primary caregivers are at least 21
years of age.
(B) Primary
caregivers applying for a license after October 1, 2007, have obtained a high
school diploma or General Educational Development credential (GED).
(C) Caregivers left alone with children have
the ability to read and write for keeping required records, reading the
licensing requirements, and administering medication.
(D) Caregivers cooperate with Licensing
during monitoring visits and OKDHS investigations.
(2)
Primary caregivers licensed or
employed before June 1, 2022. Primary caregivers obtain a current Level
1 or higher Oklahoma Professional Development Ladder (OPDL) certificate, per
OAC 340 Appendix FF - Oklahoma Professional Development Ladder, by June 1,
2023.
(3)
Primary caregivers
licensed or employed on or after June 1, 2022. Prior to or within 12
months of licensure or employment, primary caregivers obtain and maintain a
current Level 1 or higher OPDL certificate, per OAC 340 Appendix FF - Oklahoma
Professional Development Ladder.
(4)
Health. The requirements
relating to the caregiver's, assistant caregiver's, and household members'
health in (A) through (C) of this paragraph are met.
(A)
General health. Caregivers
and household members where licensed care is provided are in good physical,
mental, and emotional health. When it is reported or observed that a caregiver
or household member has a physical, mental, or emotional condition that could
negatively impact children's care, a licensed physician's statement is
requested.
(B)
Tuberculosis
testing. The need for personnel tuberculin skin testing is based upon a
local identified tuberculosis exposure, the degree of transmission risk of
latent tuberculosis infection, the impact to public health and safety, and OSDH
specific recommendations.
(C)
Immunizations. There is documentation verifying children living in
the home have or are in the process of obtaining the required immunizations at
the medically appropriate time, per OAC 340 Appendix II -
Immunizations.
(5)
References. The primary caregiver submits to Licensing the names
of three non-relative references that may include a licensed personal or family
physician.
(c)
Background investigations - general.
(1)
Required individuals.
Background investigations are required, per the Oklahoma Child Care Facilities
Licensing Act (Licensing Act), 10 O.S. § 404.1, unless an exception, per
(3) of this subsection applies for:
(A)
owners, prior to authorization to operate;
(B) responsible entities, prior to
authorization to operate and, when there is a change in a responsible
entity;
(C) personnel applicants,
prior to hire; however, the program may hire individuals, when:
(i) the program has submitted a criminal
history review request to OBI;
(ii)
only awaiting the national criminal history records search, based on
fingerprint submission;
(iii)
criminal history review results from OBI are received by the program. However,
until complete results are received, the individual does not have unsupervised
access to children; and
(iv) coming
from another licensed program owned by the same business entity. Individuals
are not required to repeat the background investigation process, unless
required, per (2) of this subsection, with the exception of criminal history
restriction waivers, provided there is no break in employment from the business
entity; and
(D)
individuals with unsupervised access to children, prior to having access to
children, unless an exception, per (3) of this subsection applies;
(E) adults living in the facility, prior to
authorization to operate or moving into the facility of an existing program.
This includes children, who become 18 years of age while living in the
facility; and
(F) individuals
having access to, or review of, fingerprint results, prior to access to or
review of results.
(2)
Resubmission of criminal history reviews as of November 2, 2017.
Effective November 2, 2017, programs request a criminal history review process,
excluding fingerprinting, for required individuals every five years. However
criminal history reviews requested prior to November 2, 2017, are resubmitted
by November 1, 2022.
(3)
Non-required individuals. Background investigations are not
required for:
(A) specialized service
professionals who are not program personnel, provided parent releases are
obtained, per OAC
340:110-3-88(c);
(B) volunteer drivers transporting children
on an irregular basis and not filling another position, provided parent
releases are obtained, per OAC
340:110-3-88(c);
(C) contracted drivers not filling another
position or having unsupervised access to children; and
(D) contracted non-personnel not having
unsupervised access to children, such as when the program contracts for special
activities or facility repair.
(d)
Background investigations -
Restricted Registry. The program conducts an online search of the
Restricted Registry, also known as Joshua's List, when required, per (c) of
this Section.
(1)
Non-registrants. Non-registrants are individuals not recorded on
the Restricted Registry.
(2)
Registrants. Registrants are individuals recorded on the
Restricted Registry who are prohibited from licensure, ownership, employment,
unsupervised access to children, or facility residence, and prohibited
individuals, per (e) of this Section.
(e)
Background investigations -
criminal history. The program and required individuals complete the
criminal history review process. The program receives the completed criminal
history review results from OBI, when required, per (c) of this Section.
(1)
Criminal history
prohibitions. Individuals with criminal history prohibitions are
prohibited, per (f) of this Section. Criminal history prohibitions include:
(A) required registration under the:
(i) Sex Offenders Registration Act, including
state and national repositories; or
(ii) Mary Rippy Violent Crime Offenders
Registration Act; or
(B)
pleas of guilty or nolo contendere (no contest), or convictions of felonies
involving:
(i) murder, as defined in Section
1111 of Title 18 of United States Code;
(ii) child abuse or neglect;
(iii) crimes against children, including
child pornography;
(iv) spousal
abuse;
(v) crimes involving rape or
sexual assault;
(vi)
kidnapping;
(vii) arson;
(viii) physical assault or battery;
or
(ix) a drug-related offense
committed during the preceding five years, unless a criminal history
restriction waiver, per (2) of this subsection, is granted; or
(C) pleas of guilty or nolo
contendere (no contest), or convictions of violent misdemeanors committed as
adults against a child involving:
(i) child
abuse or child endangerment; or
(ii) sexual assault; or
(D) pleas of guilty or nolo contendere (no
contest), or convictions of misdemeanors involving child pornography.
(2)
Criminal history
restrictions. Individuals with criminal history restrictions are
prohibited, per (f) of this Section, unless a criminal history restriction
waiver is granted. Criminal history restrictions include pending charges, pleas
of guilty or nolo contendere (no contest), or convictions of criminal activity
involving:
(A) gross irresponsibility or
disregard for the safety of others;
(B) violence against an individual;
(C) sexual misconduct;
(D) child abuse or neglect;
(E) animal cruelty;
(F) illegal drug possession, sale, or
distribution; or
(G) a pattern of
criminal activity.
(3)
Criminal history restriction waivers. Restriction waivers are
described in (A) through (C) of this paragraph.
(A) Restriction waivers may be requested for
individuals having criminal history restrictions. The owner, responsible
entity, or primary caregiver completes requests on an OKDHS form.
(B) Restriction waivers are not requested or
granted for:
(i) Restricted Registry
registrants;
(ii) individuals with
criminal history prohibitions; or
(iii) individuals whose sentence has not
expired for criminal history restrictions, per (2) of this
subsection.
(C)
Individuals identified in pending or denied restriction waiver requests are
prohibited, per (f) of this Section.
(f)
Prohibited individuals.
(1)
Background investigation of
required individuals. The program does not allow a required individual
to be the owner or responsible entity, to be employed, to live in the facility,
or have:
(A) access to children, such as being
present at the facility during the hours of operation or present with the
children in care while off-site, when the individual has:
(i) criminal history prohibitions;
(ii) criminal history restrictions, unless a
criminal history restriction waiver is granted. Individuals identified in a
pending or denied restriction waiver request are prohibited; or
(iii) a substantiated heinous and shocking
abuse finding; or
(B)
unsupervised access to children, when the individual is a Restricted Registry
registrant.
(2)
Background investigation statements and consents. Individuals are
prohibited to be the owner or responsible entity, to be employed, or to live in
the facility, when:
(A) the individual refuses
to consent to background investigations, per (c) of this Section; or
(B) knowingly makes a materially-false
statement in connection with criminal background investigations.
(3)
Child
endangerment. An individual whose health or behavior would endanger
children's health, safety, or well-being is not permitted to live in the home
or be on the premises when children are in care.
(4)
Alcohol, drugs, and
medication. When children are in care, no caregiver is under the
influence of:
(A) alcohol or illegal drugs;
or
(B) medication impairing his or
her functioning.
(g)
Child abuse and neglect-OKDHS
database. An OKDHS database search is conducted on individuals signing
the request for license. A confirmed or substantiated allegation of child abuse
or neglect is considered when evaluating the applicant's qualifications and
children's safety and well-being.
(h)
Professional development
requirements. Caregiver professional development requirements in (1)
through (5) of this subsection are met.
(1)
General. The primary caregiver is required to complete 12
clock-hours of professional development annually through workshops, training,
videos, or individual position-related readings. Only six clock-hours of videos
or individual position-related readings are counted annually toward the
required 12 clock-hours. Effective June 1, 2023, professional development meets
requirements, per (5) of this paragraph.
(2)
CPR and first aid
certification. CPR and first aid requirements in (A) through (C) of this
subsection are met.
(A) CPR and first aid are
age-appropriate for the children's ages accepted into care and from approved
sources listed on the Oklahoma Professional Development Registry (OPDR)
website.
(B) Current CPR and first
aid certification is required for:
(i) the
primary caregiver, prior to permission to operate or initial permit
issuance;
(ii) individuals caring
for children alone, on or off of the premises, including during transportation;
and
(iii) other caregivers,
included in the adult-child ratio. CPR and first aid certification is obtained
within three months of beginning child care.
(C) CPR and first aid certification is kept
current, approved by Licensing, and maintained at the facility.
(3)
Health and safety
training. Prior to caring for children, caregivers obtain professional
development in:
(A) the prevention and control
of infectious disease and injury prevention measures;
(B) fire extinguisher use;
(C) the prevention of shaken baby syndrome
and abusive head trauma;
(D)
reducing the risks of sudden infant death syndrome (SIDS) and other
sleep-related causes of infant death;
(E) use of infant safe sleep
practices;
(F) car seat and
transportation precautions and safety;
(G) building and physical premise safety
including identification of, and protection from, hazards that can cause bodily
injury, such as electrical hazards, bodies of water, or vehicular
traffic;
(H) the handling and
storage of hazardous materials and appropriate bio-contaminant
disposal;
(I) emergency
preparedness and response planning for emergencies resulting from a natural
disaster or human-caused event addressing continuity of planning and all
situations, per OAC
340:110-3-86.1;
(J) immunizations;
(K) medication administration, consistent
with standards for parental consent;
(L) the prevention of, and response to,
emergencies due to food and allergic reactions;
(M) the definition, identification, and
mandatory reporting of child abuse and neglect;
(N) behavior, guidance, and child
maltreatment prevention methods; and
(O) child development.
(4)
Safe-sleep training. Prior
to caring for infants, the primary caregiver and individuals caring for infants
alone, obtain two or more clock-hours of professional development in safe-sleep
practices from an OPDR-approved training organization.
(5)
Continuing professional development
effective June 1, 2023. Ongoing professional development is required.
(A) Primary caregivers obtain at least the
required number of professional development clock-hours to maintain a current
Level 1 or higher OPDL certificate, per OAC 340 Appendix FF - Oklahoma
Professional Development Ladder. However, informal professional development
clock-hours are limited.
(B) Formal
professional development is:
(i) a course or
training event of two or more clock-hours from an OPDR-approved training
organization; and
(ii)
OPDR-approved college credit hours.
(C) Informal professional development is:
(i) a course or training event of less than
two clock-hours from an OPDR-approved training organization;
(ii) any number of clock-hours from an OPDR
non-approved training organization; and
(iii) any training from electronic media,
such as videos or DVDs.
(D) Reading and television programs do not
count toward required clock-hours.
Notes
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