Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 110 - Licensing Services › Subchapter 3 - LICENSING STANDARDS FOR CHILD CARE FACILITIES › Part 5 - REQUIREMENTS FOR FAMILY CHILD CARE HOMES AND LARGE FAMILY CHILD CARE HOMES › Section 340:110-3-85 - Caregiver requirements

Current through Vol. 41, No. 20, July 1, 2024
(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.