Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 110 - Licensing Services › Subchapter 1 - General Provisions › Part 1 - LICENSING SERVICES - CHILD CARE › Section 340:110-1-9.5 - Consent agreement

Current through Vol. 41, No. 20, July 1, 2024
(a)
Purpose.
The Oklahoma Department of Human Services (OKDHS) may
				  offer to enter into a consent agreement with a facility in lieu of license
				  denial or revocation. If such action has already taken place, a consent
				  agreement may be used during the appeal process if the facility comes into
				  compliance with licensing requirements. The use of a consent agreement is not
				  required prior to denying or revoking a license.
(b)
Process.
When the documented
				  evidence reflects that the facility operator is unable or unwilling to comply
				  with minimum requirements, the Oklahoma Child Care Services (OCCS) licensing
				  staff discusses the use and terms of a consent agreement with the licensing
				  supervisor. If the licensing regional programs manager and the statewide
				  licensing coordinator or designee concur with this action, a meeting is
				  scheduled with the operator.
(1) The operator
				  is asked to provide the names and addresses of all children currently enrolled
				  at the facility.
(2) During the
				  meeting, areas of non-compliance and the terms of the agreement are discussed.
				  The meeting is documented on Form 07LC080E, Licensing Services Supplemental
				  Information, and is signed by the operator, licensing staff, and any witness
				  present. A copy is provided to the operator.
(3) An agreement is written by the statewide
				  licensing coordinator or designee. Terms and time frames of the agreement are
				  based upon the nature and severity of the non-compliance. The agreement may
				  include voluntary restrictions, such as a ban on future admissions of children
				  to the facility, a restriction on the ages of children cared for in the
				  facility, a reduction in the number of children attending the facility or the
				  number of hours the facility may operate each day, specific staff training,
				  drug testing, and medical or psychological evaluation. Time frames to initiate
				  and conclude the terms of the agreement are established and may be extended
				  upon approval of the statewide licensing coordinator or designee and the OKDHS
				  Legal Division.
(4) The operator is
				  advised to prominently post a copy of the consent agreement in the child care
				  facility. During the next monitoring visit, the licensing staff verifies that
				  the consent agreement is posted. If it is not posted, the licensing staff
				  documents it as a violation of the terms of the consent agreement.
(5) The licensing staff mails a copy of the
				  consent agreement, with a cover letter, to parents of children currently
				  enrolled at the facility. Upon enrollment of new children, the facility must
				  provide those names and addresses to licensing staff. Licensing staff mails a
				  copy of the consent agreement and cover letter upon receipt of this
				  information. If the operator has not provided children's names and addresses,
				  the licensing staff records the information from the children's records during
				  the next monitoring visit.