Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 110 - Licensing Services › Subchapter 3 - LICENSING STANDARDS FOR CHILD CARE FACILITIES › Part 9 - REQUIREMENTS FOR RESIDENTIAL CHILD CARE FACILITIES › Section 340:110-3-146 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Part,
					 shall have the following meaning, unless the context clearly states
					 otherwise:
"Advisory board"
means the entity offering
					 advice and counsel on program operation.
"Age or developmentally appropriate"
means per
					 Section 1-1-105 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-1-105)
					 suitable, developmentally appropriate activities for children of a certain age
					 or maturity level based on the development of cognitive, emotional, physical,
					 and behavioral capacities typical for the age group and the individual
					 child.
"Basement"
means an area of a building or
					 structure having one-half or more of its clear height below grade level.
"Behavior management"
means guidance providing
					 a learning experience for the child contributing to developing the capacity for
					 self-control, self-direction, and understanding of behavioral
					 consequences.
"Chemical restraint"
means medication
					 prescribed by a health professional used to control behavior or to restrict
					 freedom of movement and is not a standard treatment for the child's medical or
					 psychiatric condition.
"Child"
means an individual younger than 18
					 years of age.
"Child care personnel"
means personnel,
					 including part-time, on-call, and substitute personnel, providing direct care
					 and supervision of residents. To be counted in ratios, personnel must be
					 engaged in providing care and meeting the minimum qualifications.
"Children's services"
means an educational
					 program, child welfare agency, child-serving institution, child-placing agency,
					 foster family home, hospital, or mental health treatment program serving
					 children.
"Children's shelter"
means a non-secure public
					 or private residential program providing temporary care and supervision for
					 children.
"Contracted personnel"
means individuals
					 performing program services not having an employee relationship with the
					 program.
"Custodian"
means the adult or agency legally
					 responsible for the child, but does not mean the Oklahoma Department of Human
					 Services (DHS).
"Department"
means DHS.
"Family-style living program"
means a
					 residential program providing sustained care and supervision to residents in a
					 home like environment not located in a building used for commercial
					 activity.
"Food"
means a raw, cooked, or processed
					 edible substance, ice, beverage, or ingredient used or intended for use in
					 whole or in part for human consumption.
"Governing board"
means the entity with
					 ultimate responsibility and authority for overall operation of a private,
					 nonprofit program.
"Grievance process"
means an identified
					 procedure followed when a parent, child, or individual acting in the child's
					 behalf, desires to document dissatisfaction regarding program operation.
"Health care professional"
means a licensed
					 physician, nurse practitioner, or physician's assistant, as defined by the
					 appropriate state licensing board.
"House parent"
means an individual or couple
					 providing care and supervision, while meeting the physical, emotional, and
					 social needs of residents residing in a family-style living program.
"Interstate Compact on the Placement of Children
					 (ICPC)"
means the process of ensuring protection and services to
					 children placed across state lines.
"Licensed mental health professional"
means an
					 individual possessing the training, qualifications, and professional
					 recognition in a mental health-related field having a license issued by the
					 appropriate state board.
"Licensed social worker"
means a social worker
					 having a license issued by the State Board of Licensed Social Workers.
"Licensing requirements for residential child care
					 facilities"
means the regulations specified in this Part constituting
					 the minimum requirements for residential programs.
"Mechanical restraint"
means a device
					 restricting movement or function of a child or portion of a child's
					 body.
"On-call,"
or
"substitute personnel"
means personnel available to work during the absence of regular
					 part-time or full-time personnel.
"Organizational structure"
means the program
					 legal basis or ownership.
"OSDH"
means the Oklahoma State Department of
					 Health.
"Parent"
means an individual legally
					 responsible for the child, such as a mother, father, legal custodian, or legal
					 guardian.
"Physical restraint"
means using the body to
					 restrict movement or function of a child or portion of a child's body.
"Potentially hazardous foods"
means food
					 containing milk or milk products, eggs, meat, poultry, fish, shellfish,
					 crustacean, or other ingredients in a form capable of supporting rapid and
					 progressive growth of harmful microorganisms.
"Privately operated program"
means a program
					 owned and operated by an individual, partnership, corporation, or association
					 that may be operated on a profit or nonprofit basis.
"Proprietary program"
means a program
					 operating on a for-profit basis.
"Psychotropic medications"
means medications
					 with well-demonstrated efficacy in the treatment of mental disorders through
					 the modification of behavior, mood, and emotions.
"Publicly operated program"
means a program
					 operated by a governmental entity.
"Qualified Substance Abuse Professional (QSAP)"
means an individual meeting the criteria established by the Oklahoma
					 Department of Mental Health and Substance Abuse Services.
"Reasonable and prudent parent standard"
means
					 per 10A O.S. § 1-1-105, the standard characterized by careful and sensible
					 parental decisions maintaining the health, safety, and best interests of a
					 child while at the same time encouraging the emotional and developmental growth
					 of the child and is used in determining whether to allow a child to participate
					 in extracurricular, enrichment, cultural, and social activities. This standard
					 is used by a representative of a group home where a child has been placed or a
					 designated official for a residential child care facility where a child in
					 foster care has been placed.
"Regimented residential program"
means a
					 military-style training program where residents are subject to a controlled and
					 regimented environment affirming dignity of self and respect for others and
					 includes physical training and discipline.
"Restricted Registry," also named "Joshua's
					 List"
means a registry for individuals who are prohibited from
					 licensure, ownership, employment, having unsupervised access to children,
					 and/or residence in child care facilities per 10 O.S. §
										405.3.
"Residential child care facility"
means a
					 24-hour residential program where children live together with, or are
					 supervised by, adults other than the child's parents or relatives.
"Residential treatment facility"
means a
					 program that cares for children under 24-hour medical care who have emotional,
					 psychological, or mental disorders.
"Seclusion"
means the involuntary confinement
					 of a child in a room or area where the child is physically prevented from
					 leaving.
"Secure care facility"
means a program that
					 cares for and supervises adjudicated children in a building where entering and
					 exiting is prohibited through the use of internal or external locks or through
					 secure fencing around the perimeter.
"Separation"
means removing a child from the
					 group or group activity as a method of behavior management.
"Serious incident"
means any non-routine
					 occurrence that has an impact on the care, supervision, or treatment of a
					 child.
"Service plan"
means a comprehensive
					 individualized program of action based on the child's needs.
"Social services"
means services that may
					 include, but are not limited to, admission assessments, placement services,
					 counseling, casework services to residents and the residents' families, service
					 planning, and discharge planning.
"Social services staff"
means program
					 employees who provide social services.
"Specialized service professional"
means an
					 individual from an academic discipline or field of expertise who provides
					 individualized services to a child, such as behavioral or physical
					 therapists.
"Staff member"
means an individual employed by
					 or working for or with a residential child care facility on a regularly
					 scheduled basis. This includes full-time, part-time, on-call, and substitute
					 staff, whether paid or unpaid.
"Supervision of residents"
means overseeing
					 and guiding residents including awareness of and responsibility for the ongoing
					 activity of each child.
"Support staff"
means clerical staff, cooks,
					 building custodians, and other personnel who provide support services to the
					 program.
"Unsupervised access to children"
means an
					 individual being present with children without personnel present who has a
					 complete criminal history review.
"Volunteer"
means an individual who provides
					 services to the program without compensation.
Amended at 10 Ok Reg
					 3663, eff 7-12-93; Amended at 18 Ok Reg 3331, eff 10-1-01 (emergency); Amended
					 at 19 Ok Reg 1171, eff 5-13-02; Amended at 26 Ok Reg 2239, eff 7-1-09; Amended
					 at 27 Ok Reg 1869, eff 7-1-10; Amended at 27 Ok Reg 2646, eff 6-21-10
					 (emergency); Amended at 28 Ok Reg 1669, eff
					 7-1-11