Licensing Requirements for Child Care Programs

Licensing Requirements for

Child Care Programs

Effective Date 6/1/2022

Child Care Programs Effective 6-1-2022

FOREWORD

Licensing requirements govern child care facilities in the State of Oklahoma.

These rules are minimum requirements for the care and protection of children in

care outside their own homes. They were developed by Oklahoma Department of

Human Services (DHS) Child Care Services with input from individuals from

various professions with expertise in child care, including providers; the Child Care

Advisory Committee; and the public. The requirements were approved by the DHS

Director and the Governor of the State of Oklahoma pursuant to the Oklahoma

Administrative Procedures Act.

It is the intent of DHS that licensing requirements are clear, reasonable, fair and

enforceable. In the interest of serving the public, comments are welcomed and will

be considered for future revisions or development of new requirements. Please

complete the form below and send it to:

Oklahoma Department of Human Services

Child Care Services

P.O. Box 25352

Oklahoma City, OK 73125

COMMENTS REGARDING LICENSING REQUIREMENTS

Licensing Requirements for:

Reference: Please give the cite and topic of the specific requirement to which

you

which you are referring, such as Section 275, regarding (re.) Definitions.

 Section

re:

 Section

re:

Recommendation:

Reason:

Your Name

Date

Return Address:

Oklahoma Department of Human Services

Child Care Services

P.O. Box 25352

Oklahoma City, OK 73125

FAX (405) 522-2564

Child Care Programs Effective 6-1-2022

 
Child Care Programs    Effective 6-1-2022 
REQUIREMENTS FOR CHILD CARE CENTERS, DAY CAMPS, DROP-IN 
PROGRAMS, OUT-OF-SCHOOL TIME PROGRAMS, PART-DAY 
PROGRAMS AND PROGRAMS FOR SICK CHILDREN 
(340:110-3-275 THROUGH 340:110-3-311) 
 
Definitions ................................................................................................. 1 
Definitions............................................................................................................. 1 
Administration .......................................................................................... 3 
Necessity, issuance, and maintenance of a permit or license .............................. 3 
Other business, shared facility, and collaborations .............................................. 5 
Policy .................................................................................................................... 7 
Emergency preparedness .................................................................................... 9 
Reporting ............................................................................................................ 13 
General records and documentation .................................................................. 16 
1. Posted records and documentation ................................................................. 17 
2. Program records and documentation .............................................................. 20 
3. Personnel and non-personnel records and documentation ............................. 24 
4. Child records and documentation .................................................................... 26 
Personnel and Non-Personnel ............................................................... 28 
Background investigations.................................................................................. 28 
Prohibited individuals ......................................................................................... 31 
General qualifications, responsibilities, and professional development..................... 32 
1. Director and personnel in charge .................................................................... 35 
2. Teaching personnel ......................................................................................... 37 
3. Support personnel ........................................................................................... 40 
4. Other personnel and non-personnel ................................................................ 42 
Licensed Capacity, Ratios and Supervision ......................................... 43 
Licensed capacity ............................................................................................... 43 
Ratios and group sizes ....................................................................................... 44 
Supervision......................................................................................................... 46 
Discipline and Behavior Guidance ........................................................ 48 
Discipline and behavior guidance ....................................................................... 48 
Program ................................................................................................... 50 
Learning program principles ............................................................................... 50 
Higher risk activities ........................................................................................... 53 
Water activities ................................................................................................... 54 
Animals .............................................................................................................. 56 
Parent communication and family engagement.................................................. 59 
Health and Hygiene................................................................................. 60 
Health protection and disease control ................................................................ 60 
Medication .......................................................................................................... 62 
Rest time ............................................................................................................ 63 

 
Child Care Programs    Effective 6-1-2022 
297. Diapering and toileting ........................................................................................ 65 
Nutrition and Food Service .................................................................... 67 
298. Nutrition .............................................................................................................. 67 
299. Food service ....................................................................................................... 70 
Physical Environment ............................................................................ 75 
300. Facility ................................................................................................................ 75 
301. Indoor and outdoor play areas............................................................................ 80 
302. Equipment .......................................................................................................... 83 
303. Hazards .............................................................................................................. 85 
304. Cleanliness and sanitation ................................................................................. 87 
Transportation ........................................................................................ 89 
305. Transportation .................................................................................................... 89 
Addendums ............................................................................................. 92 
306. Addendum requirements for child care centers .................................................. 92 
307. Addendum requirements for day camps ............................................................. 93 
308. Addendum requirements for drop-in programs ................................................... 96 
309. Addendum requirements for out-of-school time programs ................................. 97 
310. Addendum requirements for part-day programs ............................................... 100 
311. Addendum requirements for programs for sick children ................................... 102 
Appendices ........................................................................................... 106 
Appendix EE.  Oklahoma Director's Credential ........................................................ 106 
Appendix FF. Oklahoma Professional Development Ladder .................................... 108 
Appendix GG.  Ratios and Group Sizes ................................................................... 110 
Appendix HH.  Hand Hygiene .................................................................................. 114 
Appendix II.  Immunizations ........................................................................................ 115 
Appendix JJ.  Exclusion Criteria For Children Who Are Ill ............................................. 118 
Appendix KK.  Diaper Changing Procedures ........................................................... 120 
Appendix MM.  Equipment ........................................................................................... 121 
Appendix NN.  Cleaners, Sanitizers, and Disinfectants ............................................ 134 
Supplements ......................................................................................... 136 
Supplement I.  Oklahoma Child Care Facilities Licensing Act .................................. 136 
Supplement II.  What Is Child Abuse? ...................................................................... 158 
Supplement III.  Use Zones ...................................................................................... 159 
Supplement IV.  Child Passenger Restraint System ................................................ 161 
Revisions to Requirements for Child Care Programs ........................ 166 

Child Care Programs 1 Effective 6-1-2022

PART 15. REQUIREMENTS FOR CHILD CARE CENTERS, DAY CAMPS, DROP-IN

PROGRAMS, OUT-OF-SCHOOL TIME PROGRAMS, PART-DAY PROGRAMS AND

PROGRAMS FOR SICK CHILDREN

340:110-3-275. Definitions

The following words and terms when used in this Part shall have the following meaning

unless the context clearly states otherwise:

"Adult" means an individual 18 years of age and older.

"Child" means an individual younger than 18 years of age.

"Child care centers" means programs that operate 30 or more hours per week.

"Child passenger restraint system" means an infant or child passenger restraint

system, such as a car or booster seat, that meets federal standards for crash-tested

restraint systems as set by the United States Department of Transportation.

"Children with disabilities" means children who have a chronic physical,

developmental, behavioral, or emotional condition and also require health and related

services of a type or amount beyond that generally required by children.

"Classroom" means an area designated for a group of children defined by permanent

or temporary walls or barriers.

"Communicable disease" means an illness that spreads directly or indirectly from

person-to-person with the potential to cause a serious infection.

"Date" means the month, day, and year.

"Day camps" means programs that operate during school breaks for 12 hours or less

per day, serve children 5-year-olds and older who are attending, or have completed

kindergarten or above, and use the outdoors as a major program component for at least

50 percent of the daily hours of operation.

"Disposition" means the final outcome or settlement of criminal charges, such as

decisions or rulings by the court.

"Drop-in programs" means programs that operate 30 or more hours per week with

individual children attending six hours or less per day and 24 hours or less per week, with

an allowance for three extra six-hour days per 12 months per child.

"Facility" means the program premises and the buildings used for child care.

"Fall height" means the vertical distance between the highest designated play

surface on a piece of equipment and the surface beneath it.

"Full name" means the first and last name when referring to a person.

"General Education Development" or "GED" means a high school diploma

equivalent from the American Council on Education.

"Hazard" means anything that may inflict injury or cause harm.

"High school diploma" means a diploma recognized by the Oklahoma State Board

of Education or an equivalent entity from another state.

"Inaccessible" means children are unable to access an item or area due to the use

of a lock or child-proof barrier or the item is too high for children to easily reach.

"Infant" means a child from birth up to 12 months of age.

"Infection control" means the policies, procedures, and practices used to prevent

and control the spread of infection, such as cleaning, sanitizing, and disinfecting, hand

and personal hygiene, diapering procedures, handling and disposing of soiled and

contaminated items, health separation and exclusion criteria, and immunization policies.

Child Care Programs 2 Effective 6-1-2022

"Licensing" means the Oklahoma Department of Human Services staff responsible

for monitoring and consulting with programs.

"Locked" means the use of a secure device that can only be opened by a key,

combination, or code.

"Out-of-school time programs" means programs that operate when school is not in

session, such as before- and after-school and school breaks, and serve 3-year-olds and

older who are attending or have completed pre-kindergarten or above.

"Owner" means the business entity who owns the program.

"Parent" means an individual who is legally responsible for the child, such as a

mother, father, legal custodian, or legal guardian.

"Part-day programs" means programs that operate for more than 15, but less than

30 hours per week.

"Potentially hazardous foods" means foods that contain milk or milk products, eggs,

meat, poultry, fish, shellfish, crustaceans, cut tomatoes, cut melons, cut leafy greens, raw

seed sprouts, or other ingredients in a form capable of supporting rapid and progressive

growth of harmful microorganisms.

"Program" means the business entity that provides care, supervision, and learning

opportunities for children.

"Programs for sick children" means programs that serve children with illnesses or

symptoms preventing them from comfortable participation in activities in a program caring

for children who are well. The children require more care than personnel in a program

caring for children who are well can provide without compromising the health and safety

of other children in care.

"Requirements" means licensing requirements the program is required to follow.

"Responsible entity" means an individual who is authorized to obligate the business.

"Safe drinking water" means potable water, free from pollution, harmful organisms,

and impurities as determined by the Oklahoma Department of Environmental Quality.

"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.

"Supervision" means the function of observing, overseeing, and guiding a child or

group of children, including an awareness of and responsibility for, the ongoing activity of

each child and being near enough to intervene when needed.

"Teaching personnel" means master teachers, teachers, assistant teachers, and

substitutes who provide care, supervision, and learning opportunities for children.

"Transportation" means anytime a child in care is driven in a vehicle, whether

provided, arranged, or contracted by the program.

"Unsupervised access to children" means an individual being present with children

without personnel present who have a complete criminal history review.

"Use zones" means the clearance spaces and surfaces under and around a piece of

equipment onto which a child falling or exiting from the equipment is expected to land.

"Volunteer" means an individual who provides services to the program without

compensation.

Child Care Programs 3 Effective 6-1-2022

340:110-3-276. Necessity, issuance, and maintenance of a permit or license

(a) General.

(1) Care of children. The program:

(A) does not accept children into care until authorization to operate is obtained

from Licensing;

(B) does not allow children to remain in care for 24 or more consecutive hours; and

(2) Access. Oklahoma Department of Human Services (DHS) staff have access to

the entire facility. Parents have access per Oklahoma Administrative Code (OAC)

340:110-3-293(c).

(3) Cooperation. Personnel cooperate with DHS staff.

(4) Licensing process. The owner, responsible entity, and director are aware of their

rights and responsibilities per OAC 340:110-3-275 through 340:110-3-311 and DHS

Publication No. 06-47, Understanding the Licensing Process – Rights and

Responsibilities.

(b) Permit or license necessity.

(1) Required. A program does not operate after June 30, 1964, unless authorized by

Licensing per Section 401 et seq. of Title 10 of the Oklahoma Statutes (10 O.S. § 401

et seq.), the Oklahoma Child Care Facilities Licensing Act.

(2) Exemptions. Authorization to operate is not required from Licensing when the

program is exempt per 10 O.S. § 403, the Oklahoma Child Care Facilities Licensing

Act.

(1) Fire approval. An inspection from the local or state fire governmental authority

having jurisdiction is required prior to authorization to operate from Licensing.

Documentation is maintained per OAC 340:110-3-281.2(c).

(2) Health approval. An inspection from Oklahoma State Department of Health

(OSDH) or Indian Health Services (IHS) is required prior to authorization to operate

from Licensing, unless the program only provides limited food service per OAC

340:110-3-299(a). Documentation is maintained per OAC 340:110-3-281.2(c).

(3) Licensing approval. A request for a permit or license is made on DHS forms and

authorization to operate is issued on the basis of the program complying with licensing

requirements.

(d) Permit or license maintenance.

(1) Fire inspections. Inspections are conducted at least every two years by the local

or state fire governmental authority having jurisdiction. Documentation is maintained

per OAC 340:110-3-281.2(c).

(2) Health inspections. Inspections are conducted at least every two years by OSDH

or IHS, unless the program only provides limited food service per OAC 340:110-3-

299(a). Documentation is maintained per OAC 340:110-3-281.2(c).

(3) Licensing monitoring. Authorization to operate is maintained on the basis of the

program complying with licensing requirements.

(4) Change of business entity. The permit or license is not transferable. Both the

existing and new programs notify Licensing of business entity changes per OAC

340:110-3-280(a). The new program is required to meet current requirements and

does not care for children until authorization to operate is obtained from Licensing.

Child Care Programs 4 Effective 6-1-2022

(5) Change of location. The program notifies Licensing of location changes per OAC

340:110-3-280(a) and does not care for children at the new location until authorization

to operate is obtained from Licensing.

(6) Inactive status. When care is not provided, the program notifies Licensing per

OAC 340:110-3-280(a). When care is not provided for 12 consecutive months, the

program is no longer authorized to operate. The business entity must reapply and

obtain authorization to operate from Licensing prior to resuming care.

(e) Denial or revocation.

(1) General. Licensing may deny a request for a license or revoke a license when the

program does not meet the requirements or violates any provision of 10 O.S. §§ 401

et seq., the Oklahoma Child Care Facilities Licensing Act.

(2) Notice. No request for a license is denied or license is revoked unless the owner,

business entity, or responsible entity is given a 30-calendar day notice in writing of the

grounds for the proposed denial or revocation.

(3) Hearing. If the denial or revocation is appealed within 30-calendar days of the

receipt of the written notice, a hearing is conducted.

(4) Reapplication. When a request for a license is denied or a license is revoked, the

owner, business entity, or responsible entity cannot make application for a new child

care program license within Oklahoma for five years following notification to the owner,

business entity, or responsible entity of the denial or revocation and including during

an appeal process.

Child Care Programs 5 Effective 6-1-2022

340:110-3-277. Other business, shared facility, and collaborations

(a) Other business. No other business or activity unrelated to child care is conducted

at the facility during operation hours, unless shared facility requirements are met.

(b) Shared facility. The program may share the facility with other businesses provided

the requirements in (1) through (3) of this subsection are met.

(1) Limitations. Other businesses sharing the facility:

(A) must not pose a health or safety risk to children in care;

(B) have their own entrances, excluding schools;

Licensing-approved written plan, addressing prevention of unsupervised access to

children by individuals from the other businesses; and

(D) do not use licensed space during operating hours, unless alternate play area

requirements are met.

(2) Licensed space. Licensed space at the facility is clearly defined.

(3) Alternate play areas. When the program's licensed indoor or outdoor play areas

are used by another business in the shared facility during operating hours, the

program:

(A) has at least one designated alternate play area children may use when licensed

play areas are unavailable. Alternate play areas:

(i) are indoors, outdoors, or both depending on potential circumstances;

(ii) are temporarily used only on an occasional basis when the licensed play

areas are unavailable, unless the area is also a supplemental play area, such

as a gymnasium;

(iii) are not calculated in licensed capacity, per Oklahoma Administrative Code

(OAC) 340:110-3-301(b) and (c); and

(iv) meet requirements when used by children in care; and

(B) follows a Licensing-approved written agreement between the program and the

other businesses, addressing terms for licensed space use and alternate play

areas, including the:

(i) designated alternate play areas for indoors, outdoors, or both; and

(ii) circumstances, frequency, and duration of use.

a collaboration agreement as maintained, per OAC 340:110-3-281.2(c), and chooses

whether the collaborative classrooms are included in the licensed capacity during the

collaborative times.

(1) Included in licensed capacity. When the collaborative classrooms are included

in the licensed capacity:

(A) all the requirements are met in collaborative classrooms; and

(B) the school teachers are required to meet teaching personnel requirements

and may count as master teachers when meeting master teacher qualifications

and responsibilities.

(2) Not included in licensed capacity. When the collaborative classrooms are not

included in the licensed capacity, the:

(A) licensed capacity is reduced by the room capacity during the collaborative time;

(B) classrooms have a notice posted on or near the doors, at all times, identifying

the collaborative classroom schedule;

Child Care Programs 6 Effective 6-1-2022

requirements, per OAC 340:110-3-300. However, the physical environment

requirements, per OAC 340:110-3-300 through 340:110-3-304, apply to licensed

spaces, even when children participating in the collaboration are the only children

present;

(D) school teachers are not required to meet personnel requirements and do not

count as master teachers;

(E) school is responsible for children participating in the collaboration during the

collaborative time; and

(F) school teachers and teaching personnel know their assigned children when

children participating in the collaboration are in licensed space.

Child Care Programs 7 Effective 6-1-2022

340:110-3-278. Policy

(a) General. Policies are individualized to the program, followed, and maintained, per

Oklahoma Administrative Code (OAC) 340:110-3-281.2(c).

(b) Program liability insurance policy. Program liability insurance is maintained, unless

an exception, per the Oklahoma Child Care Facilities Licensing Act, Section 404.3 of Title

10 of the Oklahoma Statutes (10 O.S. § 404.3), is posted, per OAC 340:110-3-281.1.

281.2(c) and (d).

(d) Program policy. Program policies:

(1) are provided to:

(A) parents upon enrollment and when revisions are made; and

(B) personnel upon employment and when revisions are made; and

(2) at least, include items (A) through (L), unless a statement is included addressing

non-applicable items:

(A) brief program description;

(B) ages of children accepted;

(D) compliance file location;

(E) relevant emergency plans and procedures information for parents;

(F) health inclusion, separation, and exclusion criteria, including head lice and

other infestations;

(G) whether the program administers medication and under what conditions;

(H) behavior management and discipline methods;

(I) expulsion policy;

(J) mandatory reporting of suspected child abuse and neglect;

(K) infant safe sleep environment description; and

(L) procedures for:

(i) gaining building access when the entrance is secured;

(ii) receiving and releasing children, including methods for caller identification

authorizing child pick-up and of an individual who picks up a child. Verbal

authorizations to pick-up a child, not previously indicated in the child's records,

are documented, per OAC 340:110-3-281.4;

(iii) notifying parents when a child does not arrive as required, per OAC

340:110-3-280(d);

(iv) monitoring children's health as required, per OAC 340:110-3-294(c);

(v) notifying parents of communicable disease exposure, while maintaining

confidentiality of the ill child or personnel;

(vi) notifying of infestation exposure, while maintaining confidentiality of the

infected child or personnel;

(vii) handling illnesses, injuries, and poison exposures, including when children

are off-site;

(viii) storing, administering, returning, and medication disposal;

(ix) storing, using, returning, and medical waste disposal, such as syringes,

needles, and lancets;

(x) using sun safety methods, such as sunscreen and protecting children from

over-exposure to the sun;

(xi) using insect repellent;

Child Care Programs 8 Effective 6-1-2022

(xii) managing children's personal belongings;

(xiii) transporting children;

(xiv) notifying parents of field trips;

(xv) receiving children arriving late for field trips when the group has left the

facility; and

(xvi) providing meals and snacks, including field trips.

(e) Personnel policy. When the program has two or more personnel, personnel policies:

(1) are provided to personnel upon employment and when revisions are made; and

(2) at least, include the:

(A) qualifications, responsibilities, and professional development requirements for

each position, including initial and continuing professional development. Position

descriptions may meet this requirement;

(B) chain of command;

and

(D) procedures for the:

(i) close supervision of new personnel for at least 30-calendar days;

(ii) performance evaluations; and

(iii) discipline and termination of personnel.

(f) Volunteer policy. When the program uses volunteers, not filling another position, per

OAC 340:110-3-284.1 through 340:110-3-284.4, volunteer policies:

(1) are provided to volunteers upon starting service and when revisions are made; and

(2) at least, includes:

(A) screening and selection criteria; and

(B) procedures ensuring volunteers:

(i) are familiar with emergency preparedness plans and procedures, per OAC

340:110-3-279; and

(ii) obtain training and comply with requirements.

Child Care Programs 9 Effective 6-1-2022

340:110-3-279. Emergency preparedness

(a) Emergency plans and procedures.

(1) General. The program is required to have emergency plans that are:

(A) individualized to the program and operating hours;

(B) followed, unless children's safety is at risk or emergency personnel provide

alternative instructions during an emergency; and

(2) Situations. Emergency plans include procedures for:

(A) serious injuries;

(B) serious illnesses;

(D) communicable disease outbreaks, including pandemic influenza;

(E) weather conditions, including tornados, floods, blizzards, and ice storms;

(F) fires, including wildfires;

(G) man-made disasters, including chemical and industrial accidents;

(H) human threats, including individuals with threatening behaviors, bomb threats,

and terrorist attacks;

(I) lost or abducted children;

(J) utility disruption; and

(K) other natural or man-made disasters that could create facility structural damage

or pose health hazards.

(3) Child considerations. Emergency plans include procedures for addressing each

child's needs, with additional considerations for children:

(A) 2 years of age and younger; and

(B) with special needs or chronic medical conditions.

(4) Account for children. Emergency plans include procedures to account for each

child's location during an emergency.

(5) Shelter-in-place. Emergency plans include shelter-in-place procedures for short

and extended stay situations requiring children stay in the building, such as tornados

and other weather emergencies.

(6) Lock-down. Emergency plans include lock-down procedures for situations

threatening children and personnel's safety. Lock-down procedures include:

(A) notifying personnel;

(B) keeping children in designated safe locations in the building;

(D) securing building entrances;

(E) preventing unauthorized individuals from entering the building. When the

program is in a shared facility, program entrances are secured; and

(F) responding when outdoors and on field trips.

(7) Evacuation. Emergency plans include evacuation procedures for situations

requiring children leave the building, such as building fires. Evacuation procedures

include:

(A) evacuation routes posted, per OAC 340:110-3-281.1(c) and (i); and

(B) pre-determined meeting locations.

(8) Relocation. Emergency plans include relocation procedures for situations

requiring children move to an alternate location, such as bomb threats and wildfires.

Relocation procedures include:

Child Care Programs 10 Effective 6-1-2022

(A) pre-determined primary and secondary alternate locations, with prior approval

from the contact individual at alternate locations;

(B) relocating children, including a pre-determined transportation plan; and

(9) Reporting. Emergency plans include procedures for notifying:

(A) emergency authorities, including the poison control center, when necessary;

(B) parents, including a method and backup method for how and when parents are

notified; and

(10) Personnel. Emergency plans include procedures ensuring personnel are familiar

with:

(A) current emergency plans and procedures, including roles and responsibilities

in an emergency;

(B) location of:

(i) emergency plans and procedures;

(ii) posted emergency information; and

(iii) first aid and emergency supply kits; and

(b) Phones.

(1) On-site. The program provides an operable phone, per OAC 340:110-3-300(x).

(2) Off-site activities. An operable phone is available, per OAC 340:110-3-287(g).

(3) Vehicles. An operable phone is available, per OAC 340:110-3-305(e).

(1) Program information and emergency numbers. Items are posted, per OAC

340:110-3-281.1(d) and (i).

(2) First aid kit, emergency supply kit, and fire extinguisher locations. Locations

are posted, per OAC 340:110-3-281.1(i).

(3) Evacuation routes. Routes are posted, per OAC 340:110-3-281.1(c) and (i).

(d) First aid kits.

(1) Location. First aid kits are located in each building and in vehicles when

transporting children.

(2) Accessibility. First aid kits are accessible to personnel at all times and

inaccessible to children.

(3) Replace. First aid kit supplies are replaced as needed, including expired items.

(4) Sanitary. First aid kit supplies are maintained in a clean and sanitary manner,

including sanitizing re-usable supplies.

(5) Supplies. First aid kit supplies are stored together in a portable container.

(A) Supplies at least include:

(i) non-medicated adhesive strips;

(ii) sterile gauze pads;

(iii) rolled flexible or stretch gauze;

(iv) bandage tape;

(v) disposable non-porous, latex-free gloves;

(vi) blunt-tipped scissors;

(vii) tweezers;

(viii) a non-glass and non-mercury thermometer. The appropriate thermometer

and method are used, per OAC 340:110-3-294(d);

Child Care Programs 11 Effective 6-1-2022

(ix) a current first aid guide; and

(x) a copy of posted program information and emergency numbers, per (c) of

this Section.

(B) In addition, the first aid kits in vehicles at least include:

(i) a cold pack;

(ii) liquid soap and water or individually packaged moist, disposable towelettes,

for cleaning wounds;

(iii) hand sanitizer and moist, disposable towelettes, for hand hygiene;

(iv) plastic bags for disposal of items contaminated with blood or other body

fluids; and

(v) a pen or pencil and note pad.

(e) Emergency supply kit.

(1) Records. Records available during an emergency at least include the:

(A) emergency plans and procedures, per OAC 340:110-3-281.2(c), and alternate

location addresses, phone numbers, and contacts;

(B) emergency contacts, per OAC 340:110-3-281.2(c); and

(2) Supplies. Emergency supplies gathered at the time of an emergency or

maintained in a portable container at all times at least include:

(A) a first aid kit; and

(B) children's prescribed medications, including life-threatening condition

medications.

(f) Testing and maintaining emergency equipment.

(1) Individual smoke and carbon monoxide alarms. When the facility is equipped,

per OAC 340:110-3-300(t) or (u), individual alarms are:

(A) operable; and

(B) tested at least monthly. Documentation is maintained, per OAC 340:110-3-

281.2(c).

(2) Central detection and alarm system for smoke and carbon monoxide. When

the facility is equipped, per OAC 340:110-3-300(v), the system is:

(A) fully functional;

(B) checked at least monthly by viewing the control panel and documented, per

OAC 340:110-3-281.2(c). However, monthly checks are not required when a

company monitors the system continuously for full-function as documented, per

OAC 340:110-3-281.2(c); and

(3) Fire extinguishers and automatic sprinkler systems. Fire extinguishers and

automatic sprinkler systems are:

(A) fully functional; and

(B) inspected and tagged at least every 12 months by a state licensed authority.

(g) Drills and reviews.

(1) General. Drills and reviews are documented, per OAC 340:110-3-281.2(c), and

drills are conducted:

(A) at various times throughout operation hours, such as morning, mid-day,

afternoon, and evening, so children and personnel in attendance at various times

are involved in each type of drill at least once every three months;

(B) by following pre-determined emergency plans and procedures; and

Child Care Programs 12 Effective 6-1-2022

(i) Monthly. Monthly drills include:

(I) fire drills conducted by evacuating and meeting at pre-determined

locations; and

(II) tornado drills conducted by sheltering in pre-determined on-site

locations.

(ii) Annual. Annual drills include:

(I) locking-down by sheltering in pre-determined on-site locations;

(II) relocating according to preparation procedures, but physical relocation

is not required;

(III) sheltering-in-place, requiring children stay inside the facility, such as

tornados and other weather emergencies; and

(IV) evacuating and meeting at pre-determined locations.

(2) Lock-down and relocation procedures reviews. Personnel review the

procedures at least once every 12 months.

(3) Emergency plans and procedures reviews. The director updates, as necessary,

and reviews emergency plans and procedures:

(A) at least once every 12 months;

(B) when enrolling children with special needs or chronic medical conditions;

(D) after an emergency, as identified in this Section.

Child Care Programs 13 Effective 6-1-2022

340:110-3-280. Reporting

(a) Licensing.

(1) Next business day. The owner, responsible entity, or director notifies Licensing

by the next Oklahoma Human Services (OKDHS) business day of:

(A) a responsible entity change;

(B) a director change;

(D) a phone number change;

(E) a program liability insurance coverage change;

(F) an individual moving into the facility;

(G) a known legal action, such as a Victim Protection Order, arrest, or criminal

investigation or charge, involving the program, owner, responsible entity,

personnel, or an individual living in the facility;

(H) a known child abuse or neglect pending investigation or disposition involving

the owner, responsible entity, personnel, or an individual living in the facility;

(I) an unscheduled temporary or permanent program closure or relocation;

(J) facility damage affecting the amount of usable square footage or compliance

with requirements;

(K) an incident exposing children to an imminent risk of harm, such as a child

leaving the facility without personnel's knowledge or being left alone on- or off-site

or in a vehicle;

(L) an animal bite to an individual occurring on-site at any time or when

participating in off-site program activities;

(M) an accident involving transportation, unless no injuries and only minor vehicle

damage occurred;

(N) a child injury requiring emergency medical attention;

(O) a child death occurring while in care; or

(P) any disease or illness requiring prompt local or Oklahoma State Department of

Health (OSDH) notification, per (c)(1) of this subsection.

(2) Thirty-calendar days prior. The owner, responsible entity, or director notifies

Licensing at least 30-calendar days prior to:

(A) an anticipated temporary or permanent program closing, other than a

scheduled closing identified in program policy, such as a holiday;

(B) an anticipated temporary or permanent location change;

square footage or compliance with the requirements;

(D) a business entity change;

(E) a program name change; or

(F) a proposed licensed capacity change.

(b) Child abuse and neglect and human trafficking.

(1) Abuse and neglect. 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.

Child Care Programs 14 Effective 6-1-2022

(2) Human trafficking. 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.

(1) Promptly. The program promptly notifies the local or OSDH of a known case in

individuals associated with the program, of:

(A) Measles;

(B) meningococcal invasive disease; or

(i) COVID-19

(ii) influenza; or

(iii) varicella (chicken pox).

(2) Next business day. The program notifies the local or OSDH by the next health

department-business day of a known case in individuals associated with the program,

of:

(A) Campylobacteriosis;

(B) cryptosporidiosis;

(D) Haemophilus influenzae invasive disease;

(E) hepatitis A;

(F) mumps;

(G) rubella;

(H) salmonellosis;

(I) shigellosis;

(J) tuberculosis; or

(K) whooping cough (pertussis).

(3) Programs follow all guidelines and recommendations per local or OSDH

authorities.

(d) Parents.

(1) Immediately. The program notifies parents immediately of:

(A) a child not arriving at the facility on his or her own as scheduled, such as when

walking to the facility;

(B) a child not present at the pick-up location as scheduled;

established pick-up arrangements;

(D) a situation requiring immediate administration of a life-threatening condition

medication;

(E) an injury that may need evaluation by a licensed physician;

(F) poison exposure; or

(G) an animal bite to a child when the skin is broken or when an evaluation by a

licensed physician may be needed.

(2) Promptly. The program promptly notifies parents when a child:

(A) is separated from the group due to an illness or infestation or when exclusion

is required, per Oklahoma Administrative Code (OAC) 340 Appendix JJ - Exclusion

Criteria for Children Who Are Ill; or

(B) has a suspected allergic reaction, including ingestion of, or contact with,

Child Care Programs 15 Effective 6-1-2022

allergens, even when a reaction did not occur.

(3) Upon child pick up. The program notifies parents upon child pick up of:

(A) daily happenings, including the infant and 1-year-old daily records as

maintained, per OAC 340:110-3-281.4(b);

(B) changes in the child's physical or emotional state;

(D) illness or infestation symptoms that developed or changed;

(E) a communicable disease or infestation exposure, per OAC 340:110-3-278(d);

(F) an administration of a non-life-threatening condition medication when

administered only as needed, such as diaper cream;

(G) an animal bite to a child, when the skin is not broken; and

(H) implemented emergency plans and procedures, except for drills.

(4) 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 operator 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.

(B) The program maintains the list of notified parents and legal guardians for at

least 12 months.

(5) Prior. Prior to each field trip, the program notifies parents of the date, time, and

location. The field trip permission, per OAC 340:110-3-281.4(b), meets this

requirement when this specific information is included.

(6) Upon enrollment and prior to changes. The program notifies parents upon

enrollment and prior to a change in the presence of:

(A) animals;

(B) tobacco or simulated tobacco use; and

Child Care Programs 16 Effective 6-1-2022

340:110-3-281. General records and documentation

(a) General. Records and documents may have additional information in other Sections.

Items are provided promptly to Oklahoma Human Services (OKDHS) staff, on request,

and are available to parents and personnel, unless requirements specifically state

otherwise.

(b) Confidentiality. Confidentiality policies and procedures are maintained.

(1) Child records and other items specific to individual children are only available to

personnel or authorized individuals as determined by the program when necessary,

the individual child's parents, and OKDHS staff.

(2) Personnel records are maintained in a confidential manner, per program

procedures.

(d) Location. Items are:

(1) maintained at the facility. However, personnel records may have an exception,

per Oklahoma Administrative Code (OAC) 340:110-3-281.3(b);

(2) located, per requirements; and

(3) in a location known by the director and personnel in charge.

(e) Electronic. Items may be maintained electronically, unless requirements specifically

state otherwise, provided:

(1) procedures are in place ensuring prompt access, including an on- or off-site

electronic back-up method ensuring access in the event of data loss. However, paper

backup is required for posted items, per OAC 340:110-3-281.1, and accessible items,

per OAC 340:110-3-281.2, in the event of a power outage or non-working equipment;

(2) signatures are hand written and initially obtained by electronic methods or on paper

and electronically converted; and

(3) the items can be provided to OKDHS and parents by printing, emailing, or other

methods.

(f) Paper only. Items indicating paper only may also be in the form of magnets, decals,

or other similar items.

(g) Combined documents. Items may be combined into one document, unless the

requirements specifically state otherwise.

(h) Original documents. OKDHS documents, such as forms, appendices, and

publications, are not modified in any manner or combined with other items, unless

requirements specifically state otherwise.

(i) OKDHS form completion. Forms are completed in the manner prescribed. Current

OKDHS forms are used.

Child Care Programs 17 Effective 6-1-2022

340:110-3-281.1. Posted records and documentation

(a) General. General records and documentation requirements, per Oklahoma

Administrative Code (OAC) 340:110-3-281, also apply to items in this Section. The items

are posted at all times in a clear, unobstructed view.

(b) Post at main entrance. Items are posted at the program's main entrance where

parents and public enter and (2) through (3) of this subsection are also posted in a

conspicuous location within clear view.

(1) Tobacco-free environment notice. The notice is not combined with other posted

items. When the program is in a family residence, the notice indicates a tobacco-free

environment at all times or no tobacco use during operation hours. Item is paper only.

(2) Notice to parents. Oklahoma Human Services (OKDHS) Publication No. 14-01,

Notice to Parents, is posted. Item is paper only.

(3) Program liability insurance exception notification. The OKDHS form is posted

when program liability insurance is not maintained or program reports being self-

insured. Item is paper only.

and frequently visited location for parents and public and may include multiple buildings

depending on where parents and public typically visit.

(1) Permit or license. The OKDHS permit or license is posted. Item is paper only.

(2) Notice of denial or revocation. A denial or revocation notice is posted. Item is

paper only.

(3) Star certificate. OKDHS Star certificate is posted. Item is paper only.

(4) Personnel in charge. The program posts the director's full name and at least one

additional personnel responsible for the program in the director's absence. When the

individuals listed are not present, the appointed personnel in charge is temporarily

posted.

(5) Child abuse and neglect notification. A notice of the Child Abuse and Neglect

Hotline number and requirement to report suspected abuse or neglect is posted.

(6) Child welfare investigative summary - confirmed and substantiated findings.

OKDHS form is posted for 120-calendar days from the date the investigation is

completed, as indicated on the form. Item is paper only.

(7) Evacuation routes. A floor plan with primary and secondary evacuation routes

from each area of the building is posted on each floor. Item is paper only and may

only be combined, per (i) of this Section.

(8) Weekly menu. The menu, including dates and substitutions, is posted. Additional

posted menus are duplicates, including substitutions.

(d) Post in prominent location for personnel. Items are posted in a noticeable and

frequently visited location for personnel and may include multiple buildings.

(1) Program information. The program name and address, with main cross streets

or directions to the facility, are posted. Item is paper only.

(2) Emergency numbers. The program posts emergency numbers. Item is paper

only. Numbers include:

(A) 9-1-1, where available, or local law enforcement, fire department, and

ambulance service; and

(B) poison control, 1-800-222-1222.

(3) Restricted registry notice. OKDHS Publication No. 14-07, Child Care Restricted

Registry Notice is posted. Item is paper only.

Child Care Programs 18 Effective 6-1-2022

(e) Post in kitchen. The requirements in (1) and (2) of this subsection are met.

(1) Weekly menu. The menu, including dates and substitutions, is posted. Additional

posted menus are duplicates, including substitutions.

(2) Food allergies. Children's food allergies are posted near the menu, including the

child's full name and classroom.

(f) Post on all microwaves - warning. OKDHS Publication No. 97-27, Microwave

Warning, is posted. However, the program may modify the publication or develop a

document, provided the information remains the same or is exceeded. When the program

shares the facility, the posting is only required on microwaves used for children's food.

Item is paper only.

(g) Post near sinks – hand washing procedures. The program posts OKDHS

Publication No. 14-02 – Hand Washing Procedures Using Paper Towels or OKDHS

Publication No. 14-03 – Hand Washing Procedures Using Mechanical Hand Dryers,

where individuals can read the publication during hand washing. However, the program

may modify the publication or develop a document, provided procedures remain the same

or are exceeded.

(h) Post in diaper changing areas - procedures. The program posts OKDHS

Publication No. 14-04 - Diaper Changing Procedures, where individuals can read the

publication while changing diapers. However, the program may modify the publication or

develop a document, provided procedures remain the same or are exceeded. Item is

paper only.

(i) Post in classrooms. Items are posted where personnel and parents can read the

items, unless the requirements specifically state otherwise. Two or more classrooms may

share the posted items when the classrooms are next to each other and are divided by

low height walls or barriers and the items can be read from each classroom.

(1) Program information and emergency numbers. The program posts duplicate

items in a prominent location for personnel, per (d) of this Section. Items are paper

only.

(2) First aid kits, emergency supply kits, and fire extinguishers. The location of

kits and fire extinguishers are posted. Items are paper only.

(3) Evacuation routes. A floor plan with primary and secondary evacuation routes

from the classroom(s) is posted. Routes are not combined with other posted items,

except for program information, emergency numbers, and locations of first aid kits,

emergency supply kits, and fire extinguishers, per (1) and (2) of this subsection. Items

are paper only.

(4) Ratios and group sizes. The applicable program-type ratios and group sizes, per

OAC 340 Appendix GG - Ratios and Group Sizes are posted.

(5) Daily classroom schedule. The program posts a schedule with the required

content, per OAC 340:110-3-289(b). Classrooms may share this item when the

schedule is applicable to each classroom.

(6) Weekly lesson plans. The program posts lesson plans with the dates and

required content, per OAC 340:110-3-289(d). Classrooms may only share this item

when the lesson plan is applicable to each classroom.

(7) Allergies. The program posts children's food and life-threatening allergies,

including the child's full name, and location of any life-threatening condition

medications. The item is posted in a location or manner protecting confidentiality,

Child Care Programs 19 Effective 6-1-2022

such as with a cover sheet, unless a waiver release is obtained by the parent. Item is

paper only.

Child Care Programs 20 Effective 6-1-2022

340:110-3-281.2. Program records and documentation

(a) General. General records and documentation requirements per Oklahoma

Administrative Code (OAC) 340:110-3-281 also apply to the items in this Section.

(b) Accessible in prominent location. Items are located in a noticeable and frequently

visited location for the parents and public to view and may include multiple buildings

depending on where parents and the public typically visit, and can be accessed without

asking personnel.

(1) Requirements. Oklahoma Department of Human Services (DHS) Publication No.

14-05, Licensing Requirements for Child Care Programs, is accessible.

(2) Selecting quality child care. DHS Publication 87-91, Selecting Quality Child

Care - A Parent's Guide, is accessible.

(3) Compliance file. Items are originals or copies and are maintained together, with

the most recent on top and all child identifying information removed. The compliance

file includes items within the last 120 calendar days, at a minimum, from the date on

the document or the investigation completion date on the form, unless requirements

specifically state otherwise. The compliance file only contains:

(A) compliance monitoring from Licensing, Stars, and tribal agencies, such as:

(i) monitoring visit forms. Include most recent visit; and

(ii) case status information, such as forms and correspondence regarding:

(I) issuance of permits and licenses;

(II) non-compliances and Stars violations;

(III) notices to comply;

(IV) complaint findings;

(V) office conferences with Licensing, Stars, and tribal agencies;

(VI) Stars alternative settlements and reductions; and

(VII) consent agreements, denials of a request for a license, and

revocations of a license;

(B) child welfare investigative summary, regardless of findings. However,

confirmed or substantiated findings are maintained in the file for 12 months;

is maintained in the file for as long as the individual is employed or is living in the

facility; and

(D) other documents indicating placement in the compliance file.

(1) Necessity, issuance, and maintenance of a permit or license. The

requirements listed in (A) and (B) of this subsection are met.

(A) Fire inspections. Items are available upon request.

(B) Health inspections. Items are available upon request.

(2) Other business, shared facility, and collaborations - collaboration

agreement. Item is available upon request.

(3) Policy. The requirements listed in (A) through (D) of this paragraph are met.

(A) Program liability insurance policy. DHS form, completed every 12 months,

and a certificate of liability insurance from the insurance agent is available, unless

an exception is posted per OAC 340:110-3-278(b).

(B) Program policy. Policy includes content per OAC 340:110-3-278(d).

(D) Volunteer policy. Policy includes content per OAC 340:110-3-278(f).

Child Care Programs 21 Effective 6-1-2022

(4) Emergency preparedness. The requirements listed in (A) through (G) of this

paragraph are met.

(A) Emergency plans and procedures. Item includes content per OAC 340:110-

3-279(a) and is maintained in a readily available and portable manner for

emergencies. Item is paper only.

(B) Emergency contacts. Emergency contact information for all personnel and

enrolled children is maintained together in a readily available and portable manner

for emergencies. Item is paper only.

dates the tests are conducted.

(D) Central detection and alarm system checks for smoke and carbon

monoxide. Item includes the dates the system is checked or a contract from the

company that continuously monitors the system for full-function.

(E) Emergency preparedness drills. Item includes dates and times the drills are

conducted, with a signature of the director or personnel in charge during the drill.

(F) Lock-down and relocation procedure reviews. Item includes dates the

reviews are completed by personnel.

(G) Emergency plans and procedure reviews. Item includes dates the reviews

are completed by the director.

(5) Attendance. The requirements listed in (A) through (C) of this paragraph are met.

(A) Personnel's attendance. Daily attendance is:

(i) promptly documented on paper, including personnel's full name and arrival

and departure time; and

(ii) maintained, on paper or electronically, for at least 12 months.

(B) Children's attendance. Daily attendance is:

(i) promptly documented on paper, including the child's full name and arrival

and departure time; and

(ii) maintained, on paper or electronically, for at least 12 months.

(6) Animals. The requirements listed in (A) and (B) of this paragraph are met.

(A) Rabies vaccination. A certificate from a licensed veterinarian for dogs and

cats 4 months of age and older is available.

(B) Psittacosis test results. Negative results from a licensed veterinarian for

each bird of the parrot family is available.

(7) Parent communication and family engagement. Requirements listed in (A)

through (B) of this subparagraph are met.

(A) Parent conferences. Documentation of conferences offered by general or

individualized notification is available.

(B) Parent notifications. Parents are provided information regarding insurance

liability and the compliance file.

(i) Parents complete DHS forms every 12 months regarding insurance liability

and the compliance file. Forms are maintained at the facility.

(ii) When the child is enrolled, parents are provided copies of DHS Form

07LC093E, Insurance Exception Notification, and DHS Publication No. 14-01,

Notice to Parents.

(8) Health and hygiene. The requirements listed in (A) and (B) of this paragraph are

met.

Child Care Programs 22 Effective 6-1-2022

(A) Injury and poison exposure log. Incidents requiring an injury or poison

exposure report are documented and maintained in one location for at least 12

months, to determine patterns. The log includes, at least the:

(i) child's full name and age;

(ii) injury date, time, type, and location at facility or off-site; and

(iii) personnel present at the time of the injury.

(B) Personnel administering medication. Item includes full names of personnel

designated to administer medication.

(9) Physical environment. The requirements listed in (A) through (E) of this

paragraph are met.

(A) Physical environment checklist. DHS form, or other checklists regarding the

same information as the form, is completed at least every 12 months.

(B) Water supply - well water results. Test results meeting requirements per

OAC 340:110-3-300(k) are available.

Testing and Materials International (ASTM) tested impact-absorbing materials is

maintained for the duration of the material's use.

(D) Equipment inventory. DHS form applicable to the program type and ages of

children accepted into care is available.

(E) Crib compliance. Verification cribs meet Consumer Product Safety

Commission standards is maintained for the duration of the cribs' use.

(10) Transportation. The requirements listed in (A) through (C) of this paragraph are

met.

(A) Transportation itinerary. Item indicates approximate vehicle location at all

times. Additional itineraries are duplicates.

(B) Vehicle insurance. Proof of insurance indicates the specific vehicles covered

by the policy.

individuals or commercial entities who conducted each inspection of:

(i) tire wear and pressure;

(ii) brakes;

(iii) lights; and

(iv) seat belts.

(d) Available in vehicle. The items listed in (1) through (6) of this subsection are

maintained in the vehicle.

(1) Program information. Item includes program name, address, and phone number.

Item is paper only.

(2) Vehicle insurance. Proof of insurance is available. Item is paper only.

(3) Transportation itinerary. Item indicates approximate vehicle location at all times.

Additional itineraries are duplicates.

(4) Emergency contacts and child information. The full name and emergency

contact information for each transported child is available. Item is paper only.

(5) Transportation attendance. Attendance is:

(A) immediately documented each time each child enters and exits the vehicle;

and

(B) maintained in the vehicle or facility for at least 120 calendar days.

Child Care Programs 23 Effective 6-1-2022

(6) Child passenger check. Before leaving the vehicle and in addition to the

transportation attendance, the driver or last personnel in the vehicle documents

completion of at least two methods of inspecting all areas of the vehicle for any

remaining children to ensure no children are left on the vehicle.

Child Care Programs 24 Effective 6-1-2022

340:110-3-281.3. Personnel and non-personnel records and documentation

(a) General. General records and documentation requirements, per Oklahoma

Administrative Code (OAC) 340:110-3-281 also apply to the items in this Section.

(b) Personnel records. Records are maintained for at least 12 months following the last

date of employment, unless requirements specifically state otherwise. When the program

is owned by a business entity with two or more programs and a general administrative

office, personnel records are not required on-site, unless the requirements specifically

state otherwise, provided current personnel records are made available to Licensing by

the end of the next Licensing business day.

(1) Personnel information. The Oklahoma Department of Human Services (DHS)

form is:

(A) completed by each personnel; and

(B) submitted to Licensing within two weeks of employment.

(2) Criminal history review requests and results. The DHS form is maintained for

each required individual.

(3) Treating medical personnel statement. The report from treating medical

personnel is maintained, when required, per OAC 340:110-3-283(f).

(4) Professional development plan. The program maintains a current plan, when

required, per OAC 340:110-3-284(d) and:

(A) is relevant to the roles and responsibilities for the assigned position(s);

(B) includes training regarding requirements;

(D) builds upon previously obtained professional development.

(5) Probationary master teachers. Probationary master teachers complete the DHS

form identifying educational professional development plans.

(6) Professional development verification. All verification is submitted to the

Oklahoma Professional Development Registry (OPDR), unless entered by an OPDR

approved trainer. In addition, the program maintains, on-site:

(A) all verification, until the individual is registered on OPDR; and

(B) cardio-pulmonary resuscitation (CPR) and first aid certifications.

(7) Orientation. The DHS form or a program form containing the same information is

maintained for each personnel.

(8) Compliance review. The DHS requirements compliance review form is available.

(9) Higher risk qualifications. Documentation of required certification, training, and

experience is maintained for at least 12 months.

(10) Lifeguard certification. Personnel who perform lifeguard duties have:

(A) CPR certification; and

(B) lifeguard certification from American Red Cross, Young Men's Christian

Association (YMCA), or equivalent.

(11) Driver or commercial driver license. A copy is maintained for each driver.

(12) Seat belt exemption. A written statement from a licensed physician is

maintained, when required, per OAC 340:110-3-305(g).

(1) Driver or commercial driver license. A copy is maintained for 120-calendar days

from last use of volunteer unless the document must be maintained longer due to the

personnel record requirement per (3) of this subsection.

Child Care Programs 25 Effective 6-1-2022

(2) CPR and first aid certifications. Certification is maintained for 120-calendar days

from last use of volunteer, unless the document must be maintained longer due to the

personnel record requirement per (3) of this subsection.

(3) Additional. Personnel records per (b) of this Section are required when a

volunteer fills another position, per OAC 340:110-3-284.1 through 340:110-3-284.4,

and are maintained for 12 months from last use of the volunteer. However, personnel

records are not required when a volunteer only fills the driver position and transports

children on an irregular basis.

Child Care Programs 26 Effective 6-1-2022

340:110-3-281.4. Child records and documentation

(a) General. General records and documentation requirements, per Oklahoma

Administrative Code (OAC) 340:110-3-281, also apply to items in this Section.

(b) Child records. The child record requirements in (1) through (16) of this subsection

are met.

(1) Child information. Oklahoma Human Services (OKDHS) form, or a program form

containing the same information, is:

(A) completed by the parent prior to the child's first day of attendance; and

(B) paper only.

(2) Infant and 1-year-old daily record. Daily records for 1-year-olds and younger

are available in the child's classroom and include prompt documentation of eating,

diapering, and sleeping activities.

(3) Verbal pick-up authorizations. When verbal authorization for pick-up of a child

is obtained, personnel document the authorization, including the:

(A) authorization date and time;

(B) time period the authorization is valid; and

(i) individual providing authorization;

(ii) individual being given authorization; and

(iii) personnel receiving authorization.

(4) Specialized service professional permission and release. Signed and dated

parent permission is available. In addition, when the professional does not complete

the background investigation requirements, per OAC 340:110-3-282(a), parent

releases indicating understanding are signed and dated prior to unsupervised access

to children for each professional.

(5) Food reward exception plan. A behavior modification plan is available and

includes content, per OAC 340:110-3-288(d), director and parent signatures, and the

date signed.

(6) Immunization records. An immunization record or exemption is obtained prior to

the first day of attendance and is updated when the child receives additional vaccines.

(7) Medication permission. Signed parent permission for each medication is

obtained, prior to administration, on an OKDHS or program form containing the same

information.

(A) Parent instructions are the same as:

(i) the container instructions; or

(ii) a licensed physician's written statement regarding over-the-counter

medication instructions differing from the container instructions.

(B) For chronic medical conditions, permission may be obtained for 12 months or

less at a time, provided specific instructions include when administration is needed,

such as diaper cream and inhalers.

(8) Medication administration. Each dose administered, excluding diaper cream is

immediately documented on an OKDHS or program form containing the same

information.

(9) Injury or poison exposure report. An OKDHS or program form containing similar

information is completed for each injury or poison exposure occurring while in care.

Child Care Programs 27 Effective 6-1-2022

(10) Infant safe sleep environment. Written statements from licensed physicians,

signed parent permissions, or both are available when required, per OAC 340:110-3-

296(b).

(11) Transportation permission and driver release. Signed parent permission:

(A) is obtained prior to transportation; and

(B) at least includes:

(i) vehicle information, such as whether a program or personal vehicle is used;

(ii) driver information, such as whether the driver is personnel or a volunteer.

In addition, when a volunteer driver does not complete the background

investigation requirements, per OAC 340:110-3-282(a), parent releases

indicating this understanding are signed and dated prior to unsupervised

access to children for each volunteer driver; and

(iii) a plan identified by the program or parent specifying pick-up and drop-off

times and locations.

(12) Field trip permission. Signed parent permission is obtained prior to the field

trip, and documentation is maintained for at least 12 months from the trip. Field trip

permission may be:

(A) specific with dates, times, and locations; or

(B) general for all field trips occurring within a specified time period, not to exceed

120 calendar-days, provided parents are notified of specifics for each field trip, per

OAC 340:110-3-280(d).

(13) Higher risk activity permission and plan. A plan is provided to parents, and

signed parent permission is obtained prior to the activity. Documentation of both is

maintained for at least 12 months from the activity. Permission may be for each time

the child participates or a general permission for each activity type, such as swimming,

may be given for 120-calendar days or less at a time. Field trip permission including

the higher risk activity plan meets the requirement. The plan includes:

(A) activity-related qualifications of the individual(s) leading the activity;

(B) minimum ratios for the activity;

(D) special equipment necessary, such as safety helmets or specific clothing; and

(E) safety practices followed.

(14) Annual parent conferences. Documentation is maintained, per OAC 340:110-

3-281.2(c).

(15) Swimming skills - children. A signed and dated parent statement regarding the

water depth the child may swim in is obtained prior to the water activity, and

documentation is maintained for at least 12 months from the activity.

(16) Special diet for infants. Written statements from licensed physicians are

maintained when required, per OAC 340:110-3-298(f).

Child Care Programs 28 Effective 6-1-2022

340:110-3-282. Background investigations

(a) General. Background investigation requirements are met.

(1) Required individuals. Background investigations are required, per Section 401

et seq. of Title 10 of the Oklahoma Statutes (10 O.S. §§ 401 et seq.), Oklahoma Child

Care Facilities Licensing Act (Licensing Act), 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;

when:

(i) the program has submitted a criminal history review request to the Office of

Background Investigations (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;

(D) individuals with unsupervised access to children, prior to having access to

children, unless an exception per (3) of the 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 Oklahoma Administrative Code (OAC) 340:110-

3-281.4(b);

(B) volunteer drivers transporting children on an irregular basis and not filling

another position, provided parent releases are obtained, per OAC 340:110-3-

281.4(b);

children; and

(D) contracted non-personnel not having unsupervised access to children, such as

when the program contracts for special activities or facility repair.

(b) Restricted Registry. The program conducts an online search of the Restricted

Registry, also named Joshua's List, when required, per (a) of this Section.

Child Care Programs 29 Effective 6-1-2022

(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 OAC 340:110-3-283(a)

and (c).

review process. The program receives the completed criminal history review results from

OBI when required per (a) of this Section.

(1) Criminal history prohibitions. Individuals with criminal history prohibitions are

prohibited, per OAC 340:110-3-283(a) through (c). 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

misdemeanors committed as adults against a child involving:

(i) child abuse or child endangerment; or

(ii) sexual assault; or

(D) pleas of guilty of nolo contendere (no contest), or convictions of misdemeanors

involving child pornography; or

(E) when an individual:

(i) refuses to consent to background investigations per (a) of this Section; or

(ii) knowingly makes a materially-false statement in connection with criminal

background investigations.

(2) Criminal history restrictions. Individuals with criminal history restrictions are

prohibited per OAC 340:110-3-283(a) and (c), 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;

(D) child abuse or neglect;

(E) animal cruelty;

(F) illegal drug possession, sale, or distribution; or

Child Care Programs 30 Effective 6-1-2022

(G) a pattern of criminal activity.

(3) Criminal history restriction waivers. Restriction waivers are described in (A)

through (D) of this paragraph.

(A) Restriction waivers may be requested for individuals having criminal history

restrictions. The owner, responsible entity, or director completes requests on a

DHS 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.

prohibited per OAC 340:110-3-283(a).

(D) Granted criminal history restriction waiver notifications are maintained per OAC

340:110-3-281.2(b).

(d) References. The program obtains at least three, non-relative references prior to

hiring personnel applicants, with at least two references from the most recent employers,

when applicable.

Child Care Programs 31 Effective 6-1-2022

340:110-3-283. Prohibited individuals

(a) 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:

(1) 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:

(A) criminal history prohibitions;

(B) criminal history restrictions, unless a criminal history restriction waiver is

granted. Individuals identified in a pending or denied restriction waiver request are

prohibited; or

(2) unsupervised access to children, when the individual is a Restricted Registry

registrant.

(b) Background investigation of drivers. In addition to (a) of this Section, the program

does not allow an individual required to obtain a background investigation to transport

children when the individual has entered a plea of guilty or nolo contendere (no contest),

or been convicted of driving under the influence of alcohol or drugs or another impaired

driving offense within the last five years.

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 program is aware the individual

has criminal history prohibitions, per Oklahoma Administrative Code (OAC) 340:110-3-

282(c). However, individuals may drop-off and pick-up children in care.

(d) Behavior or health of any individual. The program does not allow any individual to

have access to children or live in the facility when the individual's behavior or health could

endanger children's health, safety, or well-being.

(e) Health of food service personnel. In addition to (a) and (d) of this Section, the

program does not allow any individual to work in any capacity in any food service area

whose health could endanger children's health, safety, or well-being, including

communicable disease and infestation symptoms, other than head lice.

(f) Treating medical personnel statement. When it is reported or observed an individual

has a physical, mental, or emotional condition that may negatively impact the children or

impair the individual's ability to perform his or her assigned job responsibilities, the

program may be required to submit to Licensing a treating medical personnel statement.

Documentation is maintained, per OAC 340:110-3-281.3(b).

Child Care Programs 32 Effective 6-1-2022

340:110-3-284. General qualifications, responsibilities, and professional development

(a) General. Personnel are required to meet the general requirements in this Section

and those specific to his or her assigned position(s), per Oklahoma Administrative Code

(OAC) 340:110-3-284.1 through 340:110-3-284.4, with or without reasonable

accommodations.

(b) Qualifications. Personnel meet the general qualification requirements in (1) through

(3) of this subsection.

(1) Skills. Personnel possess the skills to perform his or her position responsibilities.

(2) Background investigations. Personnel meet the background investigation

requirements, per OAC 340:110-3-282.

(3) Oklahoma Professional Development Ladder. Prior to or within 12 months of

employment, teaching personnel obtain and maintain a current Oklahoma

Professional Development Ladder (OPDL) certificate, per OAC 340 Appendix FF –

Oklahoma Professional Development Ladder.

through (3) of this subsection.

(1) Complying with requirements. Personnel comply with the requirements.

(2) Caring for and educating children. Personnel:

(A) individualize the care and learning opportunities meeting each child's needs

based on the child's age and abilities, including reviewing the information provided

by parents while respecting confidentiality;

(B) recognize and act to correct hazards to physical safety, both indoors and

outdoors;

health and safety;

(D) demonstrate realistic expectations for behavior based on the children's age,

abilities, and needs; and

(E) work with children without physical, psychological, or emotional punishment,

mistreatment, or abuse.

(3) Reporting child abuse and neglect. Personnel report suspected child abuse and

neglect and human trafficking, per OAC 340:110-3-280(b).

(d) Professional development. Personnel meet the general professional development

requirements in (1) through (8) of this subsection.

(1) Professional development verification. Verification of professional

development is maintained, per OAC 340:110-3-281.3(b).

(2) Professional development plan. For the director and teaching personnel the

program:

(A) within six months of employment, develops an individualized education plan;

(B) updates the plan annually; and

(3) Orientation. Within one week of employment and prior to having sole

responsibility for a group of children, personnel obtain orientation, as documented, per

OAC 340:110-3-281.3(b), including, at least a review of:

(A) Licensing requirements;

(B) prevention and control of infectious disease;

(D) injury prevention;

Child Care Programs 33 Effective 6-1-2022

(E) handling common childhood emergencies, including choking;

(F) medication administration consistent with standards for parental consent;

(G) prevention of and response to emergencies due to food and allergic reactions;

(H) prevention and control of infectious disease and mandatory reporting;

(I) child abuse and neglect definition, identification, and mandatory reporting;

(J) appropriate use of discipline and prevention of child maltreatment;

(K) car seat and transportation precautions and safety;

(L) building and physical premise safety including identification of and protection

from hazards that can cause bodily injury, such as electrical hazards, bodies of

water, and vehicular traffic;

(M) handling and storage of hazardous materials and appropriate bio-contaminant

disposal;

(N) diaper changing;

(O) prevention of shaken baby syndrome and abusive head trauma;

(P) reducing the risks of sudden infant death syndrome (SIDS);

(Q) use of infant safe sleep practices;

(R) child development; and

(S) program specific information, including, at least:

(i) policies and procedures;

(ii) emergency preparedness and response planning for emergencies resulting

from a natural disaster or a man-caused event addressing continuity of

planning and all situations, per OAC 340:110-3-279;

(iii) confidentiality of information regarding children and families;

(iv) personnel's assigned duties and responsibilities, such as classroom

schedules and lesson plans; and

(v) methods used to inform personnel of children's special health, nutritional,

and developmental needs.

(4) Safe sleep. Prior to caring for infants, personnel obtain formal professional

development in safe sleep practices.

(5) Entry Level Child Care Training (ELCCT) or equivalent. Prior to, or within 90-

calendar days of employment, teaching personnel hired after August 1, 2003,

complete an approved entry-level training listed on the Oklahoma Professional

Development Registry (OPDR) website, such as ELCCT. However, this training is not

required when previously received, unless the individual has not been employed at a

licensed program within the last five years.

(6) CPR and first aid. Cardio-pulmonary resuscitation (CPR) and first aid

certifications are age-appropriate for the children's ages accepted into care and are

from approved sources listed on the OPDR website. In addition to CPR and first aid

certification requirements for individuals in (A) through (B) of this subsection, other

position specific CPR and first aid certification requirements are also met, per OAC

340:110-3-284.1 through 340:110-3-284.4.

(A) At all times, at least one personnel with current CPR and first aid certification

is present with children:

(i) on-site, including in each building where children are present;

(ii) off-site; and

(iii) in each vehicle during transportation. However, a volunteer with

certification from any source meets this requirement, provided the volunteer

Child Care Programs 34 Effective 6-1-2022

does not fill another position, excluding driver, per OAC 340:110-3-284.1

through 340:110-3-284.4.

(B) At least the director and master teachers obtain CPR and first aid certifications

as required, per OAC 340:110-3-284.1(b) and 340:110-3-284.2(b).

(7) Infection control. Personnel obtain infection control training at least every 12

months.

(8) Continuing professional development. Ongoing professional development is

required.

(A) The director obtains at least the required number of professional development

clock-hours to maintain a current Oklahoma Director's Credential, per OAC 340

Appendix EE - Oklahoma Director's Credential. However, informal professional

development clock-hours are limited.

(B) Teaching personnel obtain at least the required number of professional

development clock-hours to maintain a current OPDL certificate, per OAC 340

Appendix FF - Oklahoma Professional Development Ladder. However, informal

professional development clock-hours are limited.

(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.

(D) 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.

(E) Reading and television programs do not count toward required clock-hours.

(9) Child passenger safety. When the program provides transportation for children

required to be in a car seat or booster seat, per Child Passenger Restraint System,

Section 11-1112 of Title 47 of the Oklahoma Statutes (47 O.S. § 11-1112), the

program has at least one personnel who obtained child passenger safety training from

an approved source listed on the OPDR website, unless the vehicles used are exempt,

per OAC 340:110-3-305(g). When the trained personnel's employment ends, the

program has three months to meet this requirement.

Child Care Programs 35 Effective 6-1-2022

340:110-3-284.1. Director and personnel in charge

(a) General. In addition to the position specific requirements in this Section, personnel

meet the general requirements per Oklahoma Administrative Code (OAC) 340:110-3-284.

(b) Director. The program employs an individual who meets these position specific

requirements.

(1) Position specific qualifications. The director:

(A) is at least 21 years of age;

(B) has satisfactory work experience;

Oklahoma Director's Credential;

(D) is not a director or master teacher at another program that operates

concurrently at any given time; and

(E) has a good understanding of the requirements and program policies.

(2) Position specific responsibilities. The director is:

(A) accountable for the day-to-day operation of the program;

(B) responsible for:

(i) maintaining a program that meets or exceeds the requirements;

(ii) improving the quality of care;

(iii) implementing program development and evaluation;

(iv) ensuring personnel and volunteers comply with the requirements;

(v) supervising the conduct of personnel, volunteers, and other individuals

providing services in the program;

(vi) appointing and informing the personnel in charge when the director is not

present at the facility;

(vii) registering the program as a direct care organization and maintaining

information on the Oklahoma Professional Development Registry (OPDR); and

(viii) overseeing parent communication and family engagement;

operating hours or 30 hours per week, whichever is less; and

(D) free from direct care responsibilities, when four or more teaching personnel are

required to meet ratios, at least three hours per day during the hours of operation

to provide program oversight and personnel supervision.

(3) Position specific professional development. The director, upon assuming the

position:

(A) completes a DHS requirements compliance review form within one month; (B)

obtains and maintains cardio-pulmonary resuscitation (CPR) and first aid

certifications prior to, or within three months, that meet requirements per OAC

340:110-3-284(d); and

requirement.

specific requirements listed in (1) through (3) of this subsection.

(1) Position specific qualifications. The personnel in charge:

(A) are at least 21 years of age; and

(B) have a good understanding of the requirements and program policies.

(2) Position specific responsibilities. The personnel in charge takes responsibility

for program operation when the director is not present at the facility.

Child Care Programs 36 Effective 6-1-2022

(3) Position specific professional development. The personnel in charge meets

specific professional development for his or her regularly assigned position.

Child Care Programs 37 Effective 6-1-2022

340:110-3-284.2. Teaching personnel

(a) General. In addition to the position specific requirements in this Section, personnel

meet the general requirements, per Oklahoma Administrative Code (OAC) 340:110-3-

284.

(b) Master teachers. The program employs or utilizes at least the minimum number of

required individuals or volunteers meeting the position specific requirements in (1)

through (6) of this subsection.

(1) Required master teachers. At least one master teacher is required for every 60

children of the licensed capacity. Only the required number of master teachers are

required to meet all of the master teacher requirements. However, all master teachers

meet cardio-pulmonary (CPR) and first aid certification requirements in (6) of this

subsection.

(2) Position specific qualifications. Master teachers:

(A) are at least 18 years of age;

(B) have at least a high school diploma, General Education Development (GED),

or Licensing approved equivalent; and

certificate, per OAC 340 Appendix FF - Oklahoma Professional Development

Ladder of Level 4 or higher.

(3) Probationary master teachers. Directors may request a one-year probationary

period for personnel replacing master teachers not meeting educational criteria, per

(2)(C) of this subsection.

(A) Probationary master teachers:

(i) complete the Oklahoma Human Services (OKDHS) form for the master

teacher educational professional development plan, per OAC 340:110-3-

281.3(b); and

(ii) are listed on the Oklahoma Professional Development Registry (OPDR). No

specific level is required; however, OPDL timeframes and certificates are met,

per OAC 340:110-3-284(b).

(B) Licensing may extend the probationary period for a second year, providing the

probationary master teacher is actively pursuing educational qualifications as

identified on the OKDHS form.

issuance, and increases in licensed capacity.

(4) Director as master teacher. The director may count as a master teacher when

meeting the master teacher qualifications, per (b) of this Section. Directors counting

as master teachers are eligible for probationary periods, per (3) of this subsection.

(5) Position specific responsibilities. Master teachers:

(A) support other teaching personnel in meeting teacher and assistant teacher

responsibilities;

(B) are responsible for:

(i) direct care of children;

(ii) planning and implementing the lesson plans;

(iii) classroom arrangement;

(iv) planning and implementing parent communication and family engagement;

and

(v) providing input on program development and evaluation; and

Child Care Programs 38 Effective 6-1-2022

operating hours or 30 hours per week, whichever is less.

(6) Position specific professional development. Master teachers obtain and

maintain CPR and first aid certification requirements, per OAC 340:110-3-284(d).

Master teachers obtain the certification within three months.

position specific requirements in (1) through (3) of this subsection.

(1) Position specific qualifications. Teachers:

(A) are at least 18 years of age; and

(B) have at least:

(i) a high school diploma, GED, or Licensing approved equivalent; or

(ii) completed 10th grade and are in the process of obtaining a GED for a period

not to exceed 12 months from employment.

(2) Position specific responsibilities. Teachers:

(A) have the primary responsibility for direct care of children; and

(B) participate in:

(i) lesson plan development and implementation;

(ii) classroom arrangement;

(iii) parent communication and family engagement; and

(iv) program development and evaluation.

(3) Position specific professional development. Teachers obtain and maintain

CPR and first aid certification requirements, per OAC 340:110-3-284(d). Teachers

obtain the certification within three months.

(d) Assistant teachers. The program may employ individuals or utilize volunteers

meeting the position specific requirements in (1) through (4) of this subsection.

(1) Position specific qualifications. Assistant teachers:

(A) are at least 16 years of age; and

(B) meet one of the criteria in (i) through (iii). Assistant teachers:

(i) are currently enrolled in high school or an equivalent;

(ii) have at least a high school diploma, GED, or Licensing approved equivalent;

(iii) have completed 10th grade and are in the process of obtaining a GED for

a period not to exceed 36 months from employment.

(2) Position specific responsibilities. Assistant teachers:

(A) are responsible for direct care of children; and

(B) carry out assigned tasks that may include participation in:

(i) lesson plan development and implementation;

(ii) classroom arrangement;

(iii) parent communication and family engagement; and

(iv) program development and evaluation.

(3) Position specific professional development. Assistant teachers obtain and

maintain CPR and first aid certification requirements, per OAC 340:110-3-284(d).

Assistant teachers obtain the certification within three months.

(4) Position specific limitations. Assistant teachers:

(A) are overseen by an on-site director, master teacher, or teacher:

(i) overseeing two or fewer assistant teachers at one time; and

(ii) providing intervention, when needed; and

Child Care Programs 39 Effective 6-1-2022

(B) not having sole responsibility for a group of children:

(i) for more than three hours per day; and

(ii) during higher risk activities, per OAC 340:110-3-290.

(e) Substitutes for teaching personnel. The program may employ individuals or utilize

volunteers or other personnel meeting the position specific requirements in (1) through

(3) of this subsection.

(1) Position specific qualifications. Substitutes meet the teacher qualifications, per

of this subsection.

(2) Position specific responsibilities. Substitutes meet the responsibility

requirements for the position(s) they are filling.

(3) Position specific professional development. Substitutes meet the general

professional development requirements, per OAC 340:110-3-284(d). However, the

timeframe for meeting professional development requirements begins when the

substitute has worked for the program a total of 80 hours. However:

(A) orientation is required, prior to being left alone with children; and

(B) CPR and first aid certification requirements are met per specific position

requirements.

Child Care Programs 40 Effective 6-1-2022

340:110-3-284.3. Support personnel

(a) General. In addition to the position specific requirements in this Section, personnel

meet the general requirements per Oklahoma Administrative Code (OAC) 340:110-3-284.

(b) All support personnel. The program may employ individuals or use volunteers or

other personnel who meet these position specific requirements.

(1) Position specific responsibilities. Support personnel provide support services

to the program.

(2) Position specific limitations. Personnel performing support services do not

count in ratios unless an exception applies per OAC 340:110-3-286(a).

(3) Position specific additional requirement. When support personnel fill another

position in OAC 340:110-3-284.1 or 340:110-3-284.2, the individual also meets the

requirements for the position(s) they are filling.

other personnel who meet these position specific requirements.

(1) Position specific responsibilities. Food service personnel:

(A) prepare and serve food; and

(B) meet the food service requirements per OAC 340:110-3-299.

(2) Position specific professional development. Prior to or within three months of

assuming primary responsibilities for food preparation, food service personnel obtain

food service training from an approved source listed on the Oklahoma Professional

Development Registry (OPDR) website. However, this is not required when only

limited food service is provided per OAC 340:110-3-299(a).

(d) Drivers. The program may employ individuals or use volunteers or other personnel

who meet these position specific requirements.

(1) Position specific qualifications. Drivers:

(A) are at least 21 years of age;

(B) have a valid driver or commercial driver license (CDL) in their state of

residence, appropriate for the type of vehicle driven. Documentation is maintained

per OAC 340:110-3-281.3(b) and (c);

criminal history reviews per OAC 340:110-3-282(a); and

(D) are prohibited when required per OAC 340:110-3-283(b).

(2) Position specific responsibilities. Drivers:

(A) transport children; and

(B) meet the transportation requirements per OAC 340:110-3-305.

(3) Position specific professional development. Drivers, excluding volunteers who

transport on an irregular basis and do not fill another position per OAC 340:110-3-

284.1 through 340:110-3-284.4, obtain within three months of transporting children:

(A) child passenger safety training per OAC 340:110-3-284(d), from the program's

trained personnel or an approved source listed on the OPDR website or a trained

personnel is in the vehicle with the contracted driver, unless the vehicle used is

exempt per OAC 340:110-3-305(g). In addition, personnel who assist with child

passenger restraints obtain this training from the options indicated within three

months of assisting; and

(B) vehicle safety training:

(i) for the safe operation of the type of vehicle driven, when driving a vehicle

designed to transport 10 or more passengers; and

Child Care Programs 41 Effective 6-1-2022

(ii) from any training source, excluding owner manuals.

Child Care Programs 42 Effective 6-1-2022

340:110-3-284.4. Other personnel and non-personnel

(a) General. In addition to position specific requirements in this Section, personnel meet

the general requirements per Oklahoma Administrative Code (OAC) 340:110-3-284.

(b) Contracted personnel. When the program contracts for a service and the individual

or agency personnel fills a position per OAC 340:110-3-284.1 through 340:110-3-284.3,

the requirements for the position(s) are met.

special activities or facility repair, and the individual or agency personnel does not fill a

position per OAC 340:110-3-284.1 through 340:110-3-284.3, the personnel requirements

are not required.

(1) Position specific qualifications. Contracted non-personnel who have

unsupervised access to children meet the background investigation requirements per

OAC 340:110-3-282.

(2) Position specific limitations. Contracted non-personnel are not responsible for

supervision per OAC 340:110-3-287(i).

(d) Specialized service professionals. The program may employ individuals, contract

non-personnel, use volunteers, and allow children to have access to specialized service

professionals, who meet these requirements.

(1) Position specific qualifications. Specialized service professionals meet the

background investigation requirements per OAC 340:110-3-282.

(2) Position specific additional requirement. Parent permission is required.

Documentation is maintained per OAC 340:110-3-281.4(b).

(e) Volunteers. The program may use volunteers who meet these requirements.

However, volunteers who fill another position per OAC 340:110-3-284.1 through 340:110-

3-284.3 meet all personnel requirements and the requirements for the position(s) they are

filling, unless the requirements specifically state otherwise.

(1) Position specific qualifications. Volunteers who have unsupervised access to

children meet the background investigation requirements per OAC 340:110-3-282.

(2) Position specific responsibilities. Volunteers comply with the requirements.

(3) Position specific professional development. Volunteers within one week of

providing services, are familiar with program policies and procedures that pertain to

the services they are providing.

(4) Position specific limitations. Volunteers are supervised by the director or

designated personnel.

Child Care Programs 43 Effective 6-1-2022

340:110-3-285. Licensed capacity

(a) Licensed capacity. The maximum number of children in care at one time, whether

on- or off-site, does not exceed the licensed capacity specified on the current permit or

license. This includes the personnel's children who are present and not filling a position

listed in Oklahoma Administrative Code (OAC) 340:110-3-284.1 through 340:110-3-

284.4.

(b) Calculating licensed capacity. The licensed capacity is the lowest capacity

computed:

(1) for the indoor play area based on the number of sinks and toilets;

(2) for the indoor play area based on the square footage;

(3) for the outdoor play area based on the square footage; or

(4) on the fire inspection report, when applicable.

(1) amount of equipment; and

(2) number of required master teachers.

(d) Collaborations. The licensed capacity may be reduced during collaborative times

per OAC 340:110-3-277(c).

Child Care Programs 44 Effective 6-1-2022

340:110-3-286. Ratios and group sizes

(a) Ratios. Ratios are the number of teaching personnel required to be physically present

with a child or group of children, per Oklahoma Administrative Code (OAC) 340 Appendix

GG - Ratios and Group Sizes. Only teaching personnel count in ratios, unless

requirements specifically state otherwise. The program is required to maintain ratios at

all times.

(1) Counted in ratios. Personnel may count in ratios when these situations apply.

(A) Transportation. Drivers may count in ratios when only one or two children of

any age or only children 4 years of age or older are transported.

(B) Teaching personnel performing minimal cleaning and food service.

Teaching personnel may count in ratios while performing minimal cleaning and

food service duties, provided supervision is maintained.

or children are present in a restroom opening directly into the classroom, provided

children can be seen or heard and supervision is maintained.

(D) Rest time – 3- through 5-year-olds. When children are resting quietly or

sleeping, the exceptions in (i) and (ii) of this subparagraph may apply.

(i) One group. At least one teaching personnel is present in the classroom.

Other teaching personnel required for ratios remain in the building on the same

floor.

(ii) Combined groups. When two or more groups are combined into one

classroom for rest time, at least one teaching personnel is with each group and

present in the classroom. Other teaching personnel required for ratios remain

in the building on the same floor. When groups are combined the:

(I) maximum group size requirements, per (b) of this Section, do not apply;

and

(II) classroom capacity requirements, per Oklahoma Administrative Code

(OAC) 340:110-3-301(b) apply.

(E) Overnight care. When children are resting quietly or sleeping, at least one

teaching personnel is with each group and present in the classroom. Other

teaching personnel required for ratios remain in the building on the same floor.

Teaching personnel are awake at all times, per OAC 340:110-3-287.

(2) Not counted in ratios. Personnel do not count in ratios when the situations in (A)

through (C) of this paragraph apply.

(A) Transportation. Drivers do not count in ratios when 3-year-olds or younger

are transported, unless the transportation exception applies, per (1) of this

subsection.

(B) Support services personnel. Support services personnel do not count in

ratios when performing support services, unless the minimal cleaning and food

service exception applies, per (1) of this subsection.

(3) Children with special needs. When children with special needs are in care,

additional teaching personnel may be required, ensuring appropriate supervision and

care of all children.

(b) Groups and group sizes. Groups are determined by the number of children cared

for by one or more teaching personnel. There is only one group of children per classroom

Child Care Programs 45 Effective 6-1-2022

or other area, and the maximum group size is not exceeded, per OAC 340 Appendix GG

– Ratios and Group Sizes, unless an exception applies, per (2) of this subsection.

(1) Classrooms. Rooms may be one classroom or divided into more than one

classroom by permanent or temporary walls or barriers, including large areas, such

as gymnasiums, provided the large area requirements, per OAC 340:110-3-301(b) are

met.

(A) Classrooms - 4-year-olds or younger. Walls or barriers are at least three

feet in height.

(B) Classrooms - 5-year-olds or older. Walls or barriers may be established

through a variety of options, such as partitions or tables.

(2) Maximum group size exceptions. The maximum group size requirements do

not apply when groups are combined for special activities, outdoor play, meals,

snacks, rest time, and field trips. However, the ratio requirements apply, including the

combined group rest time exception, per (a) of this Section.

3-281.1(i).

Child Care Programs 46 Effective 6-1-2022

340:110-3-287. Supervision

(a) Supervision. Supervision is the function of observing, overseeing, and guiding a child

or group of children, including an awareness of, and responsibility for, the ongoing activity

of each child, and being near enough to intervene when needed. The program is required

to maintain supervision at all times.

(b) Know children. Teaching personnel:

(1) recognize children assigned to their group; and

(2) are responsible for learning assigned children's behaviors, interests, and individual

needs.

non-job related activities that may interfere with supervision, such as visitors, phone calls,

or electronic device use.

(d) Kitchen. Children are restricted from the kitchen, unless part of a planned, supervised

activity.

(e) Exception – children 5 years of age or older. Five or fewer children having a good

understanding of program rules may participate in a short-term, on-site activity not within

sight and hearing of teaching personnel. However:

(1) children count in ratios of his or her assigned group;

(2) this exception is not used when:

(A) children use stationary outdoor play equipment;

(B) children participate in higher risk activities, per Oklahoma Administrative Code

(OAC) 340:110-3-290(a); or

completed criminal history reviews, per OAC 340:110-3-282; and

(3) when this exception is used, assigned teaching personnel:

(A) make contact with these children at least every 10 minutes, while maintaining

supervision of all children in his or her assigned group;

(B) provide immediate intervention, when needed; and

(f) On-site play areas accessible to public. The program has a method for easily

identifying children and any play area boundaries.

(g) Off-site. When the program provides or arranges for off-site activities:

(1) a written supervision plan is maintained;

(2) an adult teaching personnel is with each group;

(3) boundaries are identified to the children; and

(4) the children are identifiable, such as using t-shirts, wrist bands, or badges.

(h) Transportation. Transportation documentation is maintained, per OAC 340:110-3-

281.2(d).

(1) Children are never left unattended in vehicles.

(2) Supervision during transportation:

(A) begins when the child is picked up and the program has physical custody of

the child. When the child is not present, or there is a contradiction about who is

responsible for picking up the child, the program informs the parent, per OAC

340:110-3-280(d); and

(B) ends when the child is dropped off. The child is only dropped off at the pre-

arranged location or with the individual designated by the parent, per OAC

340:110-3-281.4(b).

Child Care Programs 47 Effective 6-1-2022

(3) When transporting children, communication device use is restricted, per OAC

340:110-3-305(e).

(4) Children's entire bodies remain in the vehicle.

(i) Contracted non-personnel. When contracted non-personnel are present, program

personnel provide the supervision.

(j) Overnight care. Teaching personnel required for ratios are awake at all times.

Child Care Programs 48 Effective 6-1-2022

340:110-3-288. Discipline and behavior guidance

(a) General. Discipline and behavior guidance is developmentally appropriate,

responsive to the circumstances, constructive, and provides learning opportunities.

Personnel do not seek or accept parental permission not complying with requirements,

per Oklahoma Administrative Code (OAC) 340:110-3-293(a).

(b) Appropriate discipline.

(1) Assessment. Personnel evaluate the environment, atmosphere, and activities

before considering specific child interventions.

(2) Interaction. Personnel interact with an attitude of understanding and firmness.

(3) Fairness and consistency. Personnel use fair and consistent rules.

(4) Perspective. Personnel maintain perspective and recognize every behavior not

requiring teaching personnel's attention or intervention.

(5) Expressing acceptance and disapproval. Personnel speak so children

understand their feelings are acceptable, but the action or behavior may be

unacceptable.

(6) Self-control. Personnel encourage children to develop self-control.

(7) Relevant. Personnel choose discipline relevant to the behavior.

(8) Redirect. Personnel provide alternatives when the behavior is unacceptable.

(9) Consequences. Personnel use safe, natural, and logical consequences helping

children take responsibility for his or her actions.

(10) Individualize. Personnel recognize every discipline method is not effective with

every child or circumstance.

(11) Time-out or time-away. Personnel may consider this option when other

discipline methods are ineffective.

(A) Personnel use this method only with children 2 years of age and older when:

(i) necessary for the child to regain self-control;

(ii) the child has the ability to learn from it; and

(iii) appropriate supervision is maintained.

(B) The child may sit quietly or participate in an individual activity.

self-control is regained in less time, the child may rejoin an ongoing activity.

inappropriate discipline.

(1) Physical. Inappropriate physical discipline examples include:

(A) actions that could cause pain, such as shaking, hitting, striking with an object,

spanking, swatting, thumping, pinching, popping, shoving, spatting, hair pulling,

yanking, and slamming;

(B) biting a child;

(D) exposure to extreme temperatures;

(E) excessive or forced exercise; and

(F) restraining or tying to restrict a child's movement by any means other than

holding. Holding is used only as long as necessary for the child to regain self-

control.

(2) Psychological and emotional. Inappropriate psychological and emotional

discipline examples, include:

(A) humiliating, rejecting, or neglecting a child;

Child Care Programs 49 Effective 6-1-2022

(B) making derogatory or sarcastic remarks about a child's family, race, gender,

religion, or cultural background;

(D) punishing or threatening a child in association with:

(i) education, such as writing repetitive sentences and homework; and

(ii) physical needs, such as:

(I) withdrawing, denying, or forcing food, rest, or toileting; and

(II) withdrawing or denying outdoor play or a weather alternate activity;

(E) isolating a child without supervision;

(F) placing a child in a dark area;

(G) allowing a child to discipline other children; and

(H) punishing an entire group due to the actions of one or a few children.

(d) Inappropriate food reward. Food is not used to obtain or reward desired behaviors.

(1) Food reward exception. When a child has a non-typical behavioral issue or

learning style and other methods to modify the child's behavior do not work, food if

necessary, may be used initially to obtain or reward a desired behavior.

(2) Food reward exception plan. A behavior modification plan, with timeframes, is

developed by relevant professionals, when applicable, director, and parents to

eliminate food as a reward and take steps to transition to another method for obtaining

or rewarding desired behaviors. Documentation is maintained, per OAC 340:110-3-

281.4(b).

Child Care Programs 50 Effective 6-1-2022

340:110-3-289. Learning program principles

(a) General. Each child is:

(1) provided an environment that:

(A) meets the needs and encourages full participation of all children;

(B) includes play equipment and activities fostering inclusivity of diverse cultures

and families; and

interests; and

(2) provided multiple opportunities to play the majority of the day individually or in

small, informal groups;

(3) allowed to choose activities balanced between teaching personnel-directed and

child-selected; and

(4) encouraged, but not forced, to participate in program activities, with adaptations

ensuring safety and participation.

(b) Daily classroom schedules. Classroom schedules provide consistent routines.

(1) Classroom schedules are:

(A) a sequence of activities indicating times of day;

(B) developed for each classroom;

(D) age-appropriate; and

(E) posted, per Oklahoma Administrative Code (OAC) 340:110-3-281.1(i).

(2) Classroom schedules at least include:

(A) alternating periods of quiet and active play;

(B) indoor and outdoor play;

(D) rest time, when applicable; and

(E) transportation, when applicable.

stories, and exercises reducing waiting periods in between children's activities.

(d) Weekly lesson plans. Lesson plans provide varying daily activities by including

diverse topics, projects, or ideas influenced by children's curiosity and interests.

(1) Lesson plans are:

(A) developed weekly indicating plans for each day;

(B) developed for each classroom;

(D) different each week; and

(E) posted, per OAC 340:110-3-281.1(i).

(2) Lesson plans at least include daily indoor and outdoor learning activities and

experiences that:

(A) are developmentally appropriate;

(B) meet children's needs and stimulate learning in developmental areas, such as:

(i) social;

(ii) emotional;

(iii) cognitive;

(iv) language, including reading to children at least 15 minutes per day and

providing writing opportunities;

(v) creative expression, such as art and music; and

Child Care Programs 51 Effective 6-1-2022

(vi) physical, including at least one activity teaching personnel lead and

participate in; and

(D) use a variety of equipment and materials.

(e) Interest areas. Play equipment is arranged in interest areas in classrooms with

children 2 year of age or older. However, children may move the play equipment between

interest areas while playing. Required interest areas include:

(1) art;

(2) blocks;

(3) books and language;

(4) dramatic play; and

(5) manipulatives.

(f) Play equipment accessibility. Required play equipment, per OAC 340 Appendix MM

– Equipment, for the:

(1) licensed capacity is maintained at the facility; and

(2) classroom is proportionate in amount and variety to the number of children in

attendance and within children's reach.

(g) Play equipment rotation. Play equipment may be rotated to maintain children's

interest.

(h) Outdoor play. Daily outdoor play is ensured:

(1) for each child regardless of age, unless the child's health or safety is at risk, based

on parent-provided written information; and

(2) provided weather and environmental conditions pose no significant health or safety

risk, by:

(A) adjusting the time of day and amount of time outside;

(B) considering children's ages; and

(i) Electronic and print media. Children may use media, provided these requirements

are met.

(1) Electronic and print media are chosen with discretion and selectivity and are:

(A) non-violent;

(B) non-vulgar;

(D) culturally sensitive; and

(E) age-appropriate, per widely accepted rating systems.

(2) When the internet is accessible for children's use, the program ensures children

do not have access to inappropriate websites, email, instant messaging, and similar

technology.

(3) Screen time is:

(A) viewing electronic media with a screen, such as television (TV), digital video

display (DVD), videos, video games, phones, and computers. Screen time

includes viewing screens while others use the media;

(B) not used during meal and snack times. However, snacks may be provided

during occasional special activities;

(D) limited for all other groups.

(i) Screen time is limited to:

Child Care Programs 52 Effective 6-1-2022

(I) thirty minutes or less during the day for each child or group. However,

Saturday mornings may include an additional 30 minutes for each child or

group; and

(II) one hour or less during the evening for each child or group in evening

or overnight care.

(ii) Exceptions to limited screen time include:

(I) electronic media involving physical activity participation;

(II) electronic media when used for children's school-related educational

activities;

(III) e-readers when used for reading;

(IV) smart boards and tables when used for hands-on learning activities,

such as drawing or puzzles;

(V) occasional special activities, such as watching movies; and

(VI) assistive or adaptive technology for children with special needs.

(4) During rest time, personnel may use electronic media for child and classroom-

related activities, provided supervision is maintained.

(j) Program for 1-year-olds and younger. Awake children:

(1) spend a majority of time playing freely on the floor, including infant "tummy-time";

(2) are not permitted in infant car seats, except during emergency drills, transportation,

and arrival and departure with parents; and

(3) do not remain for more than 20 minute increments in equipment restricting freedom

of movement, such as rest equipment, swings, high chairs, or stationary activity

centers, except while eating in high chairs or similar stationary equipment. Children

only sleep in appropriate rest equipment, per OAC 340:110-3-296.

Child Care Programs 53 Effective 6-1-2022

340:110-3-290. Higher risk activities

(a) Higher risk activities. Higher risk activities, such as swimming, shoreline activities,

archery, ice or roller skating, gymnastics, enclosed inflatable bouncing equipment, or

karate increase the risk for severe injuries.

(b) Selection. Higher risk activities are chosen with discretion and selectivity. Some

activities are not appropriate for child care, such as trampoline use per Oklahoma

Administrative Code (OAC) 340:110-3-302(e), or for every age.

children, including when the activity is conducted by contracted non-personnel. Additional

personnel may be required, depending on the activity risk-level, to ensure proper

supervision and care of all children.

(d) Qualifications. Personnel or contracted non-personnel leading the activity have

appropriate certifications, when required, training in the activity, or experience.

Documentation is maintained per OAC 340:110-3-281.3(b).

(e) Higher risk activity plan and parent permission. Prior to the activity, the program

provides the plan to parents and obtains their permission. Documentation is maintained

per OAC 340:110-3-281.4(b).

Child Care Programs 54 Effective 6-1-2022

340:110-3-291. Water activities

(a) Water activities. Any activity that involves water play or is near a body of water is a

water activity.

(1) Supervision. Personnel are required to supervise children constantly, including

in the dressing areas, while maintaining the privacy of older children.

(2) Safety rules. Personnel review safety rules with children each time they

participate.

(b) Water features. On-site water features, such as streams and fountains, are

inaccessible, unless a Licensing approved written plan, addressing supervision and

safety, is followed.

to get wet and splash; however, they do not accumulate water. Sprinklers are not

considered spraygrounds.

(1) Higher risk activity. The higher risk activity requirements are met per Oklahoma

Administrative Code (OAC) 340:110-3-290.

(2) Supervision. Teaching personnel supervise children constantly.

(d) Swimming and wading activities. Swimming may only occur in a swimming pool

that meets the requirements per (6) of this subsection. Wading may only occur in

swimming pools or narrow and shallow creeks and streams that have non-standing, non-

swift flowing water. Personnel do not allow children to wade in water above their knees.

(1) Higher risk activity. The higher risk activity requirements are met per OAC

340:110-3-290.

(2) Ratios. Swimming and wading ratios are met per OAC 340 Appendix GG - Ratios

and Group Sizes.

(3) Supervision. Teaching personnel are:

(A) in or at the water and prepared to enter;

(B) in direct physical contact with infants; and

(4) Lifeguard. These lifeguard requirements are met.

(A) When children use a swimming pool with a water depth of more than 18 inches,

an on-duty certified lifeguard is present, in addition to the cardio-pulmonary

resuscitation (CPR) and first aid certified personnel per OAC 340:110-3-284(d).

(B) When the on-duty lifeguard is also program personnel, the individual:

(i) maintains lifeguard and CPR certification per OAC 340:110-3-281.3(b);

(ii) is not counted in ratios per OAC 340:110-3-286(a); and

(iii) is responsible for 36 or fewer children.

(5) Swimming skills and safety. Personnel follow:

(A) parent provided information regarding the child's swimming skills as

documented per OAC 340:110-3-281.4(b); and

(B) a system that continually checks each child's safety in the water.

(6) Swimming pools. Swimming pools include permanent wading pools, in-ground

and above-ground pools, water parks excluding sprayground parks, and other similar

bodies of water.

(A) Before use, personnel ensure the swimming pool has:

(i) a current Oklahoma State Department of Health (OSDH), public bathing

place license; and

(ii) life-saving equipment available at the pool side.

Child Care Programs 55 Effective 6-1-2022

(B) On-site indoor and outdoor swimming pools are enclosed and secured to

prevent unsupervised access. Doors and gates leading to the pool are locked.

(i) Outdoor in-ground pools are fenced and fencing:

(I) is sturdy;

(II) cannot be easily climbed;

(III) is at least four feet high and starts at ground-level; and

(IV) may include a building wall, provided doors are kept locked and any

windows are unable to be opened by children.

(ii) Outdoor above-ground pools have:

(I) a fence that meets the in-ground pool fencing requirements;

(II) at least four feet of non-climbable pool sidewalls; or

(III) a combination of pool sidewalls and fencing, with the fence attaching to

and extending above the pool sidewalls, for a total height of at least four

feet.

(iii) Outdoor above-ground pools with steps leading to the pool have the steps

removed or otherwise protected to prevent unsupervised access.

(e) Shoreline activities – 5-year-olds and older. Children may participate in shoreline

activities, such as fishing at lakes, ponds, creeks, or streams provided these requirements

are met.

(1) Higher risk activity. The higher risk activity requirements are met per OAC

340:110-3-290.

(2) Limitations. During shoreline activities, children do not enter the water unless the

wading requirements per (d)(1) through (4) and (5)(B) of this Section are met.

(3) Ratios. Swimming and wading ratios are met per OAC 340 Appendix GG – Ratios

and Group Sizes.

(f) Boating activities – 5-year-olds and older. Children may participate in boating

activities provided these requirements are met.

(1) Higher risk activity. The higher risk activity requirements are met per OAC

340:110-3-290.

(2) Limitations. During boating activities, children do not swim or wade.

(3) Ratios. Swimming and wading ratios are met per OAC 340 Appendix GG – Ratios

and Group Sizes.

(4) Life jackets. Appropriately sized and approved life jackets are worn by children

and personnel.

(g) Restrictions. The water restrictions listed in (1) through (4) of this subsection apply.

(1) Ponds and lakes. Ponds, lakes, and other similar bodies of water are

inaccessible, unless the shoreline activity requirements are met. Swimming and

wading in these bodies of water is prohibited. However, children may wade in creeks

and streams per (d) of this Section.

(2) Saunas, spas, hot tubs, and stock tanks. Saunas, spas, hot tubs, and stock

tanks are inaccessible and use is prohibited.

(3) Diving. Diving is prohibited unless the swimming pool meets OSDH diving

regulations.

(4) Portable wading pools. Portable wading pools with water are prohibited.

Child Care Programs 56 Effective 6-1-2022

340:110-3-292. Animals

(a) General.

(1) When animals live on-site, visit the facility, or children have off-site animal contact,

the requirements in this Section are met.

(2) Local animal ordinances are followed.

(3) Parents are notified of animals' presence, per Oklahoma Administrative Code

(OAC) 340:110-3-280(d).

(4) Animal bites are:

(A) reported, per OAC 340:110-3-280(a) and (d); and

(B) documented as an injury, per OAC 340:110-3-281.2(c) and 340:110-3-

281.4(b).

(b) Prohibited and inaccessible animals on-site.

(1) Prohibited animals on-site, unless the requirements specifically state otherwise,

include:

(A) common hosts of rabies ineligible for United States Department of Agriculture

(USDA)-approved rabies vaccinations; and

(B) wild or dangerous animals.

(2) When stray animals are on-site, the program takes action to have them removed

from the premises.

(3) Birds of the parrot family, such as cockatoos, cockatiels, parakeets, and lovebirds

meet Psittacosis testing requirements, per (e) of this Section. Birds testing:

(A) positive are prohibited on-site. When an antibody test result is positive, an

antigen test may be conducted prior to prohibition; or

(B) negative are inaccessible to children on-site.

(4) Inaccessible animals on-site, unless the requirements specifically state otherwise,

include:

(A) ferrets;

(B) spiders, such as tarantulas;

(D) amphibians, such as frogs, tadpoles, newts, and salamanders;

(E) reptiles, such as non-venomous lizards and snakes, turtles, terrapins, and

tortoises;

(F) hermit crabs; and

(G) baby poultry, such as chicks, ducklings, and goslings.

(1) Children may have on-site or off-site contact with animals that:

(A) are friendly and not aggressive; and

(B) do not pose a health or safety risk. The program does not allow children to

have contact with prohibited or inaccessible animals, per (b) of this Section.

However, children 6 years of age and older may have limited contact with a

potential Salmonella bacteria-carrying animal identified, per (g) of this Section,

provided children:

(i) only touch the animal with his or her hands; or

(ii) wear protective outer garments and remove prior to hand washing.

(2) During animal contact, personnel:

Child Care Programs 57 Effective 6-1-2022

(A) supervise contact and are close enough to remove the animal or children

immediately if the animal shows distress signs or children show signs of treating

the animal inappropriately; and

(B) discourage children from hand-to-mouth activities, including prohibiting eating,

drinking, and using a pacifier.

(3) After animal contact, personnel ensure hand washing requirements are met.

(d) Hand washing and food.

(1) The hand washing requirements are met, per OAC 340:110-3-294(a). Personnel

ensure adequate hand washing facilities are available for off-site animal activities or

contact.

(2) The food supply and potentially hazardous food requirements are met, per OAC

340:110-3-299(b) and (c). This includes farm field trips where children taste foods.

(e) Animal health.

(1) Animals are clean and healthy, showing no evidence of disease or infestation.

(2) Animals showing unusual behavior or disease symptoms are isolated until

examined by a licensed veterinarian and approved to return to the facility.

(3) Rabies vaccinations are specific to the species, and documentation is maintained,

per OAC 340:110-3-281.2(c).

(4) Birds of the parrot family have Psittacosis test results prior to entering the facility,

and documentation is maintained, per OAC 340:110-3-281.2(c).

(f) Cleanliness.

(1) Animals are restricted from:

(A) kitchen and food storage and preparation areas;

(B) food-contact items and surfaces; and

(2) Animal litter boxes are prohibited in the kitchen, food storage areas, or areas easily

accessible to children.

(3) Animal waste:

(A) is inaccessible;

(B) in animal habitats is disposed of daily; and

(4) Sinks used for food preparation, obtaining drinking water, hand washing, or other

hygiene activities are not used for:

(A) fish tank water disposal; or

(B) cleaning animal feeding and watering containers and habitats.

(g) Salmonella cross-contamination prevention.

(1) Potential Salmonella bacteria-carrying animals are identified, per (b)(4)(C) through

(G) of this Section.

(2) When these animals are on-site, additional precautions in (A) and (B) of this

subsection protect children from Salmonella bacteria contact.

(A) Animal contact with floors, tables, and other children's surfaces is prohibited.

(B) Personnel ensure children avoid contact with animal habitats, feeding and

watering containers, supplies, and any item having animal contact.

(h) Visiting animal exhibits.

(1) The program may allow visiting animal exhibits on-site for special activities,

including prohibited and inaccessible animals identified, per (b) of this Section.

(2) In these situations the:

Child Care Programs 58 Effective 6-1-2022

(A) visiting animal handlers are present with the animals at all times;

(B) animals and habitats are restricted from classrooms, where children eat, drink,

or rest, and from food preparation areas;

(D) children do not have contact with prohibited and inaccessible animals, unless

allowed, per (c) of this Section;

(E) other requirements in this Section are met; and

(F) higher risk activity requirements are met, per OAC 340:110-3-290.

Child Care Programs 59 Effective 6-1-2022

340:110-3-293. Parent communication and family engagement

(a) Parent permission. Parent permission requirements in (1) and (2) of this subsection

are met.

(1) Required. Parent permission is maintained, per Oklahoma Administrative Code

(OAC) 340:110-3-281.4(b), and required for:

(A) medication administration;

(B) services provided by a specialized service professional;

(D) field trips;

(E) higher risk activities; and

(F) swaddling.

(2) Prohibited. Personnel do not seek or accept parental permission that does not

comply with requirements.

(b) Parent reporting. Parents and personnel communicate daily and when additionally

required, per OAC 340:110-3-280(d).

used by children.

(d) Family engagement. The program provides at least four of the options in (1) through

(6) of this subsection.

(1) Welcome. Enrolled children's parents are welcome at all times, such as observing,

eating lunch, or volunteering, provided parents follow program policies.

(2) Parent resource area. A parent resource area with books, pamphlets, or articles

on parenting and community resources is accessible to parents. When provided

electronically, resources are easily accessible.

(3) Annual parent conferences. Parent conferences are offered at least every 12

months discussing each child's progress, challenges, and accomplishments, and

establishing goals together for each child. Documentation is maintained, per OAC

340:110-3-281.2(c).

(4) Program information. Parents are informed on an ongoing basis about program

specific information through at least two methods, such as parent bulletin boards,

newsletters, emails, parent portals, or websites.

(5) Parent activities or special events. At least two parent activities or special

events are offered every 12 months, such as guest speakers, open houses, brown

bag lunches, family pot-luck dinners, or children's programs.

(6) Parent input. Parents are included in ongoing program and policy development,

such as board involvement, planning meetings, parent committees, written comments

or suggestions, parent surveys, or formalized program evaluations.

Child Care Programs 60 Effective 6-1-2022

340:110-3-294. Health protection and disease control

(a) Hygiene. The hygiene requirements listed in (1) through (5) of this subsection are

met.

(1) Meet needs. Personnel attend promptly to children's personal hygiene needs.

(2) Hand hygiene. Personnel and children wash their hands with soap and warm,

running water or use hand sanitizer as required per Oklahoma Administrative Code

(OAC) 340 Appendix HH – Hand Hygiene.

(A) Hand washing:

(i) supplies are maintained as required per OAC 340:110-3-300(n);

(ii) procedures are posted as required per OAC 340:110-3-281.1(g). Personnel

and children are encouraged to follow the procedures; and

(iii) is not required for infants provided a moist, disposable towelette is used.

(B) Hand sanitizer:

(i) is non-expired;

(ii) is at least 60 percent alcohol-based;

(iii) use by children is monitored by personnel; and

(iv) is not used on 1-year-olds and younger.

(3) Hygiene articles. Hygiene articles, such as wash cloths, towels, hair brushes,

combs, and toothbrushes are individually assigned and stored and used by only one

child.

(4) Food service personnel. Health and hygiene requirements are met per OAC

340:110-3-299(m).

(5) Overnight care. Personal hygiene arrangements are made, such as for bathing

and tooth brushing. Privacy is ensured when bathing and changing clothes.

(b) Immunizations. Children have or are in the process of obtaining immunizations at

the medically appropriate time or have an exemption per OAC 340 Appendix II -

Immunizations. Records are maintained per OAC 340:110-3-281.4(b).

for symptoms of an illness or poison exposure and obvious signs of infestation or physical

injuries.

(d) Temperature. A child's temperature is taken when there is a concern.

(1) Method. A child's temperature is not taken:

(A) rectally at any age; or

(B) orally with 4-year-olds or younger.

(2) Thermometer. The appropriate thermometer is used depending on the method

used.

(e) Illness and infestations, other than head lice. The program maintains health

inclusion, separation, and exclusion criteria and reporting policy per OAC 340:110-3-

278(d).

(1) Children - separation. Children showing symptoms of a communicable disease

or infestation, other than head lice, are separated from well children.

(2) Children - exclusion. Children are excluded from the program when required per

OAC 340 Appendix JJ – Exclusion Criteria for Children Who Are Ill.

(3) Parent notification. Parents are notified per OAC 340:110-3-280(d).

(4) Personnel - exclusion. Personnel are prohibited when required per OAC

340:110-3-283(d) and (e).

Child Care Programs 61 Effective 6-1-2022

(f) Head lice. The program maintains head lice inclusion, separation, and exclusion

criteria and reporting policy per OAC 340:110-3-278(d).

(1) Separation and exclusion. The program determines whether children and

personnel with head lice remain:

(A) with the group or are separated from the group; and

(B) in the program or are sent home early.

(2) Treatment. Regardless of the separation and exclusion decisions, head lice

treatment is required before the child or personnel returns to the program.

(3) Exposure. The program determines whether parents are notified of potential head

lice exposure.

(g) Health protection. The health protection requirements listed in (1) through (5) of this

subsection are met.

(1) Allergies. Known child allergies are posted per OAC 340:110-3-281.1(e) and (i).

(2) First aid kits. First aid kits are maintained per OAC 340:110-3-279(d).

(3) Injuries and poison exposure. Injuries, including animal bites, and poison

exposures are:

(A) reported per OAC 340:110-3-280(a) and (d); and

(B) documented per OAC 340:110-3-281.2(c) and 340:110-3-281.4(b).

(4) Sun safety and sunscreen. Sun safety procedures, such as sunscreen

procedures, are followed according to program policy per OAC 340:110-3-278(d).

(5) Tobacco-free. Tobacco use includes simulated tobacco use.

(A) Tobacco use is prohibited in:

(i) the presence and sight of children during the hours of operation, including

off-site;

(ii) facility buildings and outdoor play areas, at all times, including when children

are not in care. However, tobacco use in family residences is only prohibited

during the hours of operation;

(iii) program vehicles at all times, including when children are not in care; and

(iv) private vehicles when children are being transported in the vehicle.

(B) When allowed on the premises, tobacco use is limited to a designated outdoor

area, located:

(i) out of children's sight;

(ii) at least 15 feet from the building entrances. When the program is in a

shared facility, the area is at least 15 feet from the program entrances; and

(iii) in a manner that prevents smoke from entering the building and outdoor

play area.

(i) reported per OAC 340:110-3-280(d); and

(ii) posted per OAC 340:110-3-281.1(b).

Child Care Programs 62 Effective 6-1-2022

340:110-3-295. Medication

(a) Program policy. The program maintains medication policy per Oklahoma

Administrative Code (OAC) 340:110-3-278(d).

(b) Parent provides. Prescription and over-the-counter medications are provided by the

individual child's parent.

medication. Documentation is maintained per OAC 340:110-3-281.4(b).

(d) Administration. Medications are administered as required per the requirements

listed in (1) through (6) of this subsection.

(1) Medications are only administered:

(A) by the designated personnel per OAC 340:110-3-281.2(c), with the exception

of diaper cream; and

(B) to the child whose full name is on the container label.

(2) Expired medication is not administered.

(3) Prescription medications are administered according to the container instructions,

including only administering when the medication is part of a prescribed therapeutic

treatment.

(4) Over-the-counter medications are administered according to the:

(A) container instructions; or

(B) physician instructions maintained per OAC 340:110-3-281.4(b).

(5) Oral medications are administered with a measuring device designed to measure

medication.

(6) Each dose administered is immediately documented per OAC 340:110-3-281.4(b).

(e) Inaccessible. Medications are inaccessible to children per OAC 340:110-3-303(g).

(f) Labeling and storing. Medications are:

(1) maintained in the original container;

(2) labeled with the child's full name;

(3) stored according to the container label, including temperature; and

(4) stored in locations, such as cabinets or drawers, clearly labeled "medication."

However:

(A) refrigerated medications are stored in a container clearly labeled "medication";

(B) diaper creams may be stored in the diaper changing area or with the child's

personal belongings when inaccessible; and

inhalers are in close proximity to the child for immediate administration when

needed, such as being in the same classroom or supplemental play area as the

child, outdoors when the child is outside, or on field trips.

(g) Return to parents. Medications are returned to parents:

(1) daily;

(2) when the parent permission period ends as documented per OAC 340:110-3-

281.4(b);

(3) when the medication expires; or

(4) when the child is withdrawn from the program.

(h) Diaper creams. Diaper creams are considered medications.

(i) Insect repellents and sunscreens. Insect repellents and sunscreens are not

considered medications. The program maintains insect repellent and sun safety policy

per OAC 340:110-3-278(d).

Child Care Programs 63 Effective 6-1-2022

340:110-3-296. Rest time

(a) Rest equipment and bedding.

(1) Appropriate. Equipment and bedding meets the requirements in this Section and

Oklahoma Administrative Code (OAC) 340:110-3-302.

(2) Size. Equipment and bedding is of sufficient size to comfortably accommodate the

child's size and weight.

(3) Resting surface. A sheet covers the entire resting surface.

(4) Cover. A cover is within reach of each child 1-year-old and older.

(5) Individually assigned. Equipment is assigned to individual children.

(6) Individually used. Equipment and bedding is in use by one child at a time, except

during emergency plan procedures.

(7) Spacing. Equipment is spaced to allow easy access to children by the teaching

personnel and for the safe evacuation of children.

(8) Clean. Equipment and bedding is cleaned and sanitized per OAC 340:110-3-304.

(b) Rest time – infants.

(1) Schedule. The sleep schedule corresponds to the infant's needs and as closely

as possible to the schedule established by the parents. Documentation is maintained

per OAC 340:110-3-281.4(b).

(2) Infant safe sleep environment. Infant safe sleep environments are maintained.

(A) Appropriate sleep environment. The infant safe sleep environment

requirements listed in (i) through (v) of this subparagraph are met.

(i) Infants sleep in cribs or play yards that meet the requirements per OAC

340:110-3-302(b), with the sides fully raised and secured.

(ii) Infants sleep directly on a tight-fitting sheet covering the mattress.

(iii) Only pacifiers without attachments to them are in rest equipment with

infants, when used.

(iv) Infants are protected from overheating by adjusting room temperature and

clothing.

(v) Infants birth through three months of age may be swaddled with an infant-

sized, thin fabric, such as a receiving blanket, only when:

(I) requested by the parents and permission is maintained per OAC

340:110-3-281.4(b); and

(II) the infant is not mobile enough to move the fabric over his or her face.

(B) Inappropriate sleep environment. Infant safe sleep environment

requirements listed in (i) through (viii) of this subparagraph are met.

(i) When an infant arrives asleep, the infant is immediately moved to

appropriate rest equipment.

(ii) When an infant falls asleep in equipment other than appropriate rest

equipment, the infant is immediately moved to appropriate rest equipment.

(iii) Soft products, such as quilts, comforters, sheepskins, pillows, stuffed toys,

and bumper pads are prohibited inside and on the side of infant rest equipment.

(I) Covers, including blankets, are prohibited.

(II) An exception is swaddling per (A) of this paragraph.

(iv) Soft sleeping surfaces, such as soft mattresses, waterbeds, sofas, pillows,

beanbag chairs, and inflatable mats are prohibited.

(v) Sleep positioners and elevated mattresses are prohibited, unless there is a

medical reason as documented per OAC 340:110-3-281.4(b).

Child Care Programs 64 Effective 6-1-2022

(vi) Play equipment, and other items, except for pacifiers, are not placed inside,

above, or attached to the sides of the infant rest equipment, unless there is a

medical reason for a monitor or other device as documented per OAC 340:110-

3-281.4(b). However, mobiles may be securely attached or hung above the

crib provided no part of the mobile is within reach of the child.

(vii) Pacifiers are not attached to the infant or his or her clothing when in rest

equipment.

(viii) Bibs are not placed around the infant's neck when in rest equipment.

(i) Infants are placed on their back for sleeping, unless there is a medical reason

an infant should not sleep in this position as documented per OAC 340:110-3-

281.4(b).

(ii) Infants who are able to turn themselves over, are placed initially on their

back for sleeping, but may turn themselves over and sleep in a position they

prefer.

(1) Schedule. Children are provided a rest time.

(2) Rest equipment. Children rest on a mat, cot, or bed. However, 1-year-olds may

also rest in cribs or play yards that meet requirements per OAC 340:110-3-302(b) with

the sides fully raised and secured.

(3) Overnight care. The overnight requirements listed in (A) and (B) of this paragraph

are met.

(A) Rest equipment. Mats are not used. Cots and beds have a waterproof pad

or mattress.

(B) Bedding. In addition, cots and beds used overnight have a:

(i) top sheet and extra covers within reach of the child; and

(ii) pillow and pillow case.

(d) Rest time - 5-year-olds and older.

(1) Schedule. Children are not required to have a rest time.

(2) Rest equipment. When a child chooses to rest, a mat, cot, bed, sofa, futon, bean

bag, or other similar rest equipment is provided.

(3) Overnight care. The same requirements as overnight care for 1-year-olds through

4-year-olds are met.

(e) Restrictions.

(1) Floor. Personnel do not allow children to sleep on the floor.

(2) Covered heads and faces. Children's heads and faces are not covered while

resting. When a child continues to cover their head or face, the cover is removed

once the child falls asleep.

(3) Restraints. Restraining children on rest equipment is prohibited.

(4) After resting. Once children have rested, they are not forced to remain on the

rest equipment and are provided quiet activities until rest time is over.

(f) Ratios and supervision.

(1) Ratios - 3- through 5-year-olds. A rest time ratio exception may apply per OAC

340:110-3-286(a).

(2) Light level. Light levels are maintained for supervision per OAC 340:110-3-

300(g).

Child Care Programs 65 Effective 6-1-2022

340:110-3-297. Diapering and toileting

(a) Diaper changing.

(1) Frequency. Diapers are:

(A) checked hourly and when a child exhibits behavior suggesting a wet or soiled

diaper; and

(B) changed promptly when wet or soiled.

(2) Diaper changing procedures. Diapers are changed:

(A) in the diaper changing area or, when applicable, an alternative diaper changing

area; and

(B) per Oklahoma Administrative Code (OAC) 340 Appendix KK – Diaper

Changing Procedures. The procedures are posted, per OAC 340:110-3-281.1(h)

and documentation is maintained, per OAC 340:110-3-281.4(b).

(3) Diaper changing area. Diaper changing areas:

(A) are required in the classroom or a restroom opening directly into the classroom

when the classroom has children 2 years of age or younger in diapers;

(B) are near the sink when a sink is required, per OAC 340:110-3-300(n);

other purposes, and at least 28 inches above the floor;

(D) include a trash container with a tight-fitting lid; and

(E) are kept free of all objects except for necessary items used when diapering.

(4) Alternative diaper changing area. A diaper changing area is used, when

possible.

(A) Alternative diaper changing areas may be on the floor and are used when a:

(i) child is too heavy to safely lift onto a diaper changing area; or

(ii) diaper changing area is unavailable, such as in classrooms where one is

not required, or on field trips.

(B) When an alternative area is used, sanitation and safety are maintained by:

(i) using a non-porous pad not used for other purposes;

(ii) ensuring the non-porous pad is appropriate to the child's size;

(iii) storing the pad out of children's reach; and

(iv) ensuring proper hygiene practices and supervision for all children in the

classroom.

(5) Diapering – children 3 years of age or older. When 3-year-olds or older are in

diapers, privacy when diapering is maintained.

(b) Toilet learning.

(1) Parent involvement. The toilet learning plan and progress are discussed with the

parents.

(2) Environment. Toilet learning is relaxed and pressure free.

(A) Children are encouraged by regular use of a toilet or potty chair for short

periods of time not exceeding 10 minutes.

(B) Personnel respond immediately when a child indicates toileting assistance.

(3) Potty chairs. Potty chairs are:

(A) located and used only in a restroom; and

(B) emptied and rinsed into a toilet, cleaned, and disinfected after each use in a

sanitary manner.

Child Care Programs 66 Effective 6-1-2022

(1) Personnel. Personnel do not embarrass, punish, or show disapproval for toileting

accidents.

(2) Clothing. Both wet and soiled clothing is changed promptly while providing

sanitation practices and privacy.

(d) Diapers, training pants, and clothing.

(1) Appropriate fit. Diapers and training pants fit the child appropriately.

(2) Cloth diapers and outer coverings. Cloth diapers have an outer covering, either

attached or separate, made of a waterproof material. When the outer covering is

separate from the cloth diaper, both are changed at the same time.

(3) Training pants. Cloth and disposable training pants are:

(A) checked and changed, per (a) of this Section;

(B) changed in a sanitary manner;

(D) disposed of in a trash container with a tight-fitting lid, when applicable.

(4) Rinsing prohibited. Both wet and soiled items are not rinsed, including in the

toilet. However, feces may be disposed of in a toilet, provided other surface

contamination is prevented.

(5) Send home or launder. Both wet and soiled items are placed in a sealed, labeled,

moisture-proof bag and sent home or laundered.

Child Care Programs 67 Effective 6-1-2022

340:110-3-298. Nutrition

(a) Required meals and snacks. The program ensures children are served meals and

snacks according to program operating hours and children's attendance, regardless of

the program or parents providing the food.

(1) Full day care. Morning meal or snack, mid-day meal, and afternoon snack are

served.

(2) Evening care. Evening meal and evening snack are served.

(3) Overnight care. Evening meal, evening snack, and morning meal are served.

(4) Child's attendance. Children in care over a four-hour period are served a meal,

unless the child is present during overnight sleeping hours only.

(b) Nutritional quality and quantity. The nutritional requirements in (1) through (8) of

this subsection are met.

(1) Meals and snacks. Meals and snacks are required to meet the current Child and

Adult Care Food Program (CACFP) guidelines, per Oklahoma State Department of

Education (OSDE), with the exception of infants, per (f) of this Section.

(2) Additional servings. Additional servings:

(A) are available when the child remains hungry;

(B) meet the nutritional requirements per this Section; and

(3) Water. Safe drinking water is freely available to children at all times. Children are

encouraged to drink water throughout the day, especially before, during, and after

outdoor play.

(4) Milk. Milk is required to meet the current CACFP milk guidelines, per OSDE, with

the exception of infants, per (f) of this Section.

(5) Fruit juice. Fruit juice is required to meet the current CACFP fruit juice guidelines,

per OSDE.

(6) Sweetened drinks. The program does not provide drinks sweetened artificially or

with sugar, including soda. However, flavored milk, such as chocolate milk, is required

to meet the current CACFP milk guidelines, per OSDE.

(7) Caffeinated drinks. The program does not provide caffeinated drinks, including

soda and energy drinks.

(8) Special occasions. On special occasions, such as parties, food and drink not

meeting the nutritional requirements may be served in addition to required meals and

snacks.

program for all children or program policy may require parents provide the meals, snacks,

or both for their children or for a group of children. When parents provide for their children,

the nutritional requirements, per this Section do not apply. When parents provide for a

group of children, the nutritional requirements in this Section and the approved food

source requirements, per OAC 340:110-3-299(b), are met.

(1) Program provides. When the program provides the meals, snacks, or both, the

parents may be requested and allowed to provide for:

(A) their own children:

(i) having special dietary needs, including health or religious restrictions;

(ii) 1 year of age and younger; or

(iii) participating in a field trip; and

(B) a group of children on special occasions.

Child Care Programs 68 Effective 6-1-2022

(2) Parents provide. When the program policy requires parents provide meals,

snacks, or both, the program provides:

(A) a meal or snack when the parents do not; and

(B) additional servings, per (b) of this Section.

(d) Weekly menus. Menus of program provided meals and snacks are closely followed

with reasonable substitutions permitted. Menus are posted, per OAC 340:110-3-281.1(c)

and (e).

(e) Eating environment. The eating environment is pleasant, relaxed, socially engaging,

and provides teaching opportunities.

(1) Children. Children are:

(A) encouraged to try new foods;

(B) not forced to eat; and

(2) Personnel. When eating in front of children, personnel eat foods meeting

nutritional requirements in this Section.

(f) Nutrition and food service – children 1 year of age and younger. Additional

nutrition and food service requirements are met for 1-year-olds and younger.

(1) Schedule. Infants are fed when hungry. Documentation is maintained, per OAC

340:110-3-281.4(b).

(2) Overfeeding. Personnel do not continue feeding 1-year-olds and younger when

children show evidence of being satisfied or full.

(3) Nutritional quality and quantity. CACFP meal and snack patterns, per (b) of this

Section, are not required for infants. Infants are fed:

(A) breastmilk, formula, and introductory solid foods; or

(B) a special diet for a medical condition as documented, per OAC 340:110-3-

281.4(b).

(4) Breastfeeding. Breastfeeding is allowed in the facility.

(5) Bottle-feeding. Bottles are labeled with the child's full name.

(A) Bottles are not propped by any means at any time.

(B) Infants 6 months of age and younger are held while being bottle-fed.

hold bottles securely without assistance.

(6) Spill-proof cups. The program has a method ensuring children do not share spill-

proof cups.

(7) Self-feeding. Children showing evidence of wanting to feed themselves are

allowed to do so.

(8) Eating and drinking location. When children are not held for feeding, the

program:

(A) has a designated eating and drinking location, excluding rest equipment and

equipment with motion, such as swings; and

(B) ensures children eat and drink only in the designated location.

(9) Chokeable, unsafe, and new foods. For safety:

(A) the program works closely with parents to introduce new foods;

(B) infants are not fed honey or peanut butter;

(D) 1-year-olds and younger are:

Child Care Programs 69 Effective 6-1-2022

(i) not fed foods that may cause choking, such as candies, gum, marshmallows,

raw carrots, raw peas, celery, whole grapes, nuts, seeds, popcorn, rice cakes,

and chips; and

(ii) fed other foods cut into small pieces no larger than:

(I) 1/4 inch cubes for infants; and

(II) 1/2 inch cubes for 1-year-olds.

(10) Food service. The additional food service requirements in (A) through (C) of this

paragraph are met.

(A) Breastmilk:

(i) is labeled with the child's full name and the date expressed;

(ii) is stored safely;

(iii) is refrigerated or frozen until immediately before feeding;

(iv) is not warmed in a microwave;

(v) is gently mixed and not shaken;

(vi) served to a child is not reused after two hours from serving; and

(vii) bottles partially served are either sent home with parents or contents are

discarded daily.

(B) Formula:

(i) provided by the child's parents is labeled with the child's full name;

(ii) is not warmed in a microwave;

(iii) served to a child is not reused after one hour from serving; and

(iv) bottles partially served are either sent home with parents or contents are

discarded daily.

(i) provided by the child's parents is:

(I) labeled with the child's full name; and

(II) not previously opened, unless homemade or frozen; and

(ii) is not warmed in a microwave;

(iii) is served from a separate dish and spoon for each child;

(iv) is discarded and not served again after contact with the feeding spoon; and

(v) partially served is either sent home with parents or contents are discarded

daily.

Child Care Programs 70 Effective 6-1-2022

340:110-3-299. Food service

(a) General.

(1) Food service. When the program provides food service, including limited food

service, the program is required to meet the requirements, per this Section, unless the

requirements specifically state otherwise.

(2) Limited food service. Limited food service is when the program serves only

foods having no required time and temperature control for safety (non-TCS) for

immediate consumption and uses only single-service food-contact items, per (k) of

this Section. However, milk and milk products may be served to children and used in

occasional children's cooking activities.

(A) Limited food service also includes parent-provided meals, snacks, or both,

when the program:

(i) only provides or supplements food, per limited food service requirements,

including on field trips; and

(ii) sends reusable food-contact items home daily.

(B) When the program only provides limited food service:

(i) the program is exempt from:

(I) Oklahoma State Department of Health (OSDH) inspections, per

Oklahoma Administrative Code (OAC) 340:110-3-276(c) and (d);

(II) food service training, per OAC 340:110-3-284.3(c); and

(III) a separate hand washing sink, per OAC 340:110-3-300(n);

(ii) some requirements in this Section do not apply, such as the requirements

regarding:

(I) foods having required time and temperature control for safety (TCS).

However, when milk is served, the milk requirements, per (b) of this Section

apply. When conducting children's cooking activities, the TCS food

requirements apply depending on ingredients used;

(II) a minimum quantity of food-contact items;

(III) a refrigerator, unless foods require refrigeration, including parent

provided foods. When applicable, program policy informs parents

refrigeration is not provided;

(IV) a microwave, unless foods are microwaved including parent provided

foods; and

(V) cooking devices, unless used for occasional children's cooking

activities.

(b) Food supplies.

(1) Food sources. The food source requirements in (A) through (C) of this paragraph

are met.

(A) Food is from OSDH-approved sources, such as commercially produced

products, or raw fruits and vegetables from farmers' markets and gardens,

including personal and program's gardens.

(B) Only commercially pre-packaged, non-TCS food items and raw fruits and

vegetables may be provided from individual homes for a group.

(2) Home-canned and hermetically sealed food. Individually home-canned food

and food in hermetically sealed containers, not prepared in a food processing

Child Care Programs 71 Effective 6-1-2022

establishment, is not used by the program. However, parents may provide homemade

baby foods.

(3) Milk products. Milk products meet the requirements in (A) through (C) of this

paragraph.

(A) For drinking, only Grade A pasteurized fluid milk and fluid milk products are

used.

(B) Pasteurized dry milk and evaporated milk are used for cooking purposes only.

However, milk removed from the original container is not returned to the original

container or stored for later use.

(4) Meat, poultry, and fish. Meat, poultry, and fish are obtained from approved

sources and inspected by appropriate governmental authorities.

(5) Ice. Ice, used for any purpose, is made from an approved water source and

manufactured, stored, transported, and handled in a sanitary manner.

(1) Cooking. TCS foods requiring cooking are heated to at least 165 degrees

Fahrenheit (F) for 15 seconds, except as specified in (2) through (4) of this subsection.

(2) Ground Beef. Ground beef is cooked to at least 155 degrees F and until the juice

is clear and the meat is no longer pink.

(3) Poultry, stuffed meats, and stuffings. Poultry, poultry stuffings, stuffed meats

and stuffings containing meat are heated to at least 165 degrees F with no cooking

process interruption.

(4) Pork. Pork and any food containing pork are heated to at least 155 degrees F.

(5) Egg products. Only clean, whole-shell, non-cracked eggs meeting AA, A, or B

grade standards are used. Eggs are stored at 41 degrees F or below.

(A) Raw, unpasteurized eggs are not used in uncooked food, such as ice cream

and eggnog.

(B) Shelled raw eggs are not held more than four hours.

(6) Reheating foods. When TCS foods are cooked and then refrigerated, foods are

reheated to 165 degrees F or higher before being served.

(d) Protecting food.

(1) General. Foods are covered and protected from contamination, including cross-

contamination between raw and cooked foods, toxic substances, or insects or rodents

while being stored, prepared, displayed, dispensed, packaged, or transported.

(2) Bare-hand contact. Personnel:

(A) minimize bare-hand contact while preparing food; and

(B) do not touch unpackaged, ready-to-eat food with bare hands. A barrier, such

as gloves, utensils, or wax paper is used when preparing and serving these foods.

(3) Temperature. Perishable foods, including fruits and vegetables, are stored at

proper temperatures.

(A) TCS foods are maintained at 41 degrees F or below or 135 degrees F or above,

except during preparation and service.

(B) Frozen foods are maintained at 0 degrees F or below, except when being

thawed:

(i) in a refrigerator at 41 degrees F or below;

(ii) under running drinking water at 70 degrees F or below;

Child Care Programs 72 Effective 6-1-2022

(iii) using the defrost setting on a microwave, provided the food is immediately

transferred to conventional cooking equipment without cooking process

interruption; or

(iv) as part of cooking processes.

(4) Ice chest. When an ice chest is used on field trips for refrigeration:

(A) the food or milk is served within four hours and is not re-served or re-

refrigerated;

(B) packaged food and drinks are not stored in contact with the water or undrained

ice;

(D) ice used for refrigeration is not used for any other purpose.

(5) Damaged and unlabeled cans. Food from damaged or unlabeled cans is not

used.

(6) Poisonous and toxic materials. Only materials required to maintain sanitary

food service area conditions are used or stored in the food service areas. Materials

are clearly identified and stored in a segregated area away from the food, such as

under a sink or in a closed cabinet in the storage area.

(e) Preparing food.

(1) Cross-contamination prevention. Food is prepared on clean, sanitized, food-

contact surfaces and with clean, sanitized, food-contact items. Each new preparation

operation begins with clean, sanitized, food-contact surfaces and items, when

changing between preparation of:

(A) raw beef, pork, poultry, or seafood; and

(B) raw to ready-to-eat foods, including raw fruits and vegetables.

(2) Fruits and vegetables. Raw fruits and vegetables are thoroughly washed with

drinking water before being cooked or served.

(f) Re-serving food.

(1) Portions. Individual and family-style food portions are not re-served.

(2) Wrapped food. Wrapped food properly maintained and not unwrapped may be

re-served.

(g) Transporting food.

(1) Temperature. During transportation, TCS food is maintained at 41 degrees F or

below or 140 degrees F or above.

(2) Storage. During transportation, food is in covered containers, completely

wrapped, or packaged.

(h) Catering food.

(1) Food source. When catering services are used, food is obtained from an OSDH-

licensed food service establishment.

(2) Approval. Meal transportation procedures and equipment are OSDH-approved.

(i) Food-contact items and surfaces.

(1) Condition. Food-contact surfaces and items, such as kitchenware, utensils,

tableware, service items, and storage items are:

(A) constructed of safe, non-toxic materials; and

(B) smooth, non-absorbent, easily cleanable, durable, and in good repair.

(2) Quantity. An adequate quantity of food-contact items is available for at least one

meal for the licensed capacity. However, when the program does not serve meals or

Child Care Programs 73 Effective 6-1-2022

snacks to the entire licensed capacity, the program is only required to have an

adequate quantity for the children eating.

(j) Equipment.

(1) Installation. Equipment is installed to provide equipment and adjacent area

cleaning.

(2) Refrigerators. Refrigerators maintain food at 41 degrees F or below. Ice chests

are not a replacement for storage.

(3) Thermometers. The thermometer requirements in (A) and (B) of this paragraph

are met.

(A) Thermometers are clearly visible in each refrigerator and freezer used for

children's food, unless equipped with functioning built-in thermometers.

(B) A temperature measuring device is available to check cooking temperatures.

(4) Microwaves. The microwave requirements in (A) and (B) of this paragraph are

met.

(A) Personnel are instructed in assessing safe temperatures when warming

children's food.

(B) A warning is posted, per OAC 340:110-3-281.1(f).

(k) Cleaning and sanitizing.

(1) Cooking devices and refrigerators. Cooking devices and refrigerators do not

have soil, food particle, encrusted grease deposit, or other debris accumulations.

(2) Food-contact items and surfaces. Food-contact items and surfaces are washed,

rinsed, and sanitized after each use by using one method in (A) through (D).

(A) Automatic dishwashers, commercial or domestic, may be used provided the

heat or chemical sanitizing cycles are properly installed and the machine allows

sanitizing cycle completion without opening the machine. Sanitizing cycle

effectiveness is determined by generally accepted test methods and test kits.

(B) Manual dishwashing may be conducted provided the requirements in (i) and

(ii) of this subparagraph are met.

(i) Three-compartments are used for washing, rinsing, and sanitizing with a:

(I) three-compartment sink; or

(II) one or two-compartment sink with added containers.

(ii) Items are washed, rinsed, sanitized, and dried in this order.

(I) Sinks and containers are cleaned prior to use.

(II) In the first compartment, items are thoroughly washed with a food grade

detergent in a clean solution.

(III) In the second compartment, items are rinsed with clean water until free

of detergent and abrasives.

(IV) In the third compartment, items are sanitized by immersion in a clean

sanitizing solution, unless the equipment design prevents immersion. The

solution is required to contain a food grade sanitizer, such as bleach, per

OAC 340 Appendix NN – Cleaners, Sanitizers, and Disinfectants.

(V) Items are air-dried, in a self-draining position, before being stored.

may be used when the program provides limited food service or does not have

adequate and effective cleaning and sanitizing facilities. Singe-service food-

contact items are:

(i) stored in closed cartons or containers protecting from contamination;

Child Care Programs 74 Effective 6-1-2022

(ii) used for preparation and service; and

(iii) used only once.

(D) Stationary food-contact surfaces, such as counters and appliances are cleaned

and sanitized.

(l) Storage area.

(1) Location. Food and food-contact items are stored above the floor, in a clean, dry

location.

(2) Quantity. Adequate space is provided for food and food-contact item storage.

(m) Food service personnel.

(1) Health. Food service personnel are prohibited when required, per OAC 340:110-3-

283(e).

(2) Hygiene. Personnel:

(A) wear clean outer garments, maintain a high degree of personal cleanliness,

and conform to hygienic practices while on duty;

(B) wash hands, per OAC 340:110-3-294(a); and

(n) Food service – children 1 year of age and younger. Additional food service

requirements are met, per OAC 340:110-3-298(f).

Child Care Programs 75 Effective 6-1-2022

340:110-3-300. Facility

(a) Location. The facility is located in an area minimizing children's health and safety

hazards.

(b) Other business. When the program shares the facility with another business,

requirements are met, per Oklahoma Administrative Code (OAC) 340:110-3-277(b).

state governmental authority having jurisdiction applicable at permit or license issuance.

Programs operating 24-hours per day comply with additional codes.

(1) New construction and reconstruction, such as building remodeling or area not

previously licensed for child care, complies with current requirements and building and

fire codes.

(A) Construction plans for a new building, an addition, or reconstruction of an

existing building are submitted to the local or state fire governmental authority

having jurisdiction for approval prior to construction.

(B) Construction, reconstruction, or alterations occurring during operating hours is

conducted safely.

0.06 percent.

(2) Mobile or permanently situated manufactured and mobile homes are prohibited.

However, a program licensed in a manufactured home before February 1, 1981, is

exempt unless the program has an address change.

(d) Floors. Floor surfaces are:

(1) easily cleaned;

(2) sealed when made of absorbent material, such as concrete and wood; and

(3) smooth and non-carpeted within food service areas and restrooms.

(e) Walls and ceilings. Wall and ceiling surfaces are:

(1) easily cleaned; and

(2) smooth and washable up to the highest level reached by splash or spray in areas

where:

(A) food is prepared;

(B) food-contact items are washed; and

counters.

(f) Electrical. The electrical system is installed, per the Oklahoma Electrical Licensing

Act.

(1) Electrical systems installed and maintained after June 1, 1987, comply with current

electrical codes of the local or state governmental authority having jurisdiction.

(2) Temporary wiring, used as permanent wiring is prohibited.

(3) Extension cords, used as permanent wiring are prohibited, unless equipped with

built-in circuit breakers or fuses, such as surge protectors with a built-in fuse.

(4) Unused electrical outlets accessible to children 5 years of age and younger are

equipped with safety devices, such as outlet covers.

(g) Lighting. The lighting:

(1) levels provide comfort and safety, including observing children's facial features;

and

(2) fixtures in food preparation and service areas are shielded.

Child Care Programs 76 Effective 6-1-2022

(h) Heating and cooling. The systems pose no risk and comply with building and fire

codes of the local or state governmental authority having jurisdiction.

(1) The indoor temperature in children's areas is between 65 and 80 degrees

Fahrenheit (F).

(2) Electric baseboard heaters may be used when wired directly into the electrical

system and no objects have heating element contact.

(3) Prohibited use of heating equipment includes:

(A) portable fuel-burning space heaters;

(B) open flame heaters, such as gas-fed, wall mounted heaters, wood-burning

fireplaces and stoves, fireplace inserts, pellet stoves, and other devices producing

open flames;

(D) equipment not specifically designed or installed as a typical heat source, such

as cooking equipment.

(4) The prohibited equipment controls, such as the knobs, are removed or inaccessible

during operating hours.

(5) Portable, electric space heaters, including electric, oil-filled heaters, may be used

as supplemental heat provided the equipment:

(A) has Underwriters Laboratory (UL) approval;

(B) has an automatic shut off feature for tipping over and overheating;

electric heating elements;

(D) is used, per the manufacturer's instructions;

(E) is not used with an extension cord, including extension cords equipped with

built-in circuit breakers or fuses;

(F) does not overload the electrical circuits, such as causing flickering lights or

continuously shutting the electric power off;

(G) placement is:

(i) on a flat floor only;

(ii) at least three feet from flammable materials, such as paper, curtains, and

furniture; and

(iii) inaccessible, including the electrical power cord; and

(H) is attended while in use, such as personnel present in the room or classroom.

(6) Guards protect children from hot heater surfaces, including floor furnaces.

(i) Ventilation. Rooms are properly ventilated, such as with a central heat and air system.

(1) Rooms, including the kitchen have sufficient ventilation keeping rooms free from

heat, steam, vapors, smoke, and fumes.

(2) Ventilation systems comply with building and fire codes of the local or state

governmental authority having jurisdiction.

(j) Plumbing. The plumbing is installed, per the Oklahoma Plumbing Licensing Act.

(1) Plumbing systems installed and maintained after June 1, 1987, are installed, per

the current plumbing codes of the local or state governmental authority having

jurisdiction.

(2) Cross-connections are prohibited between the safe drinking water supply and non-

safe or questionable drinking water supply or pollution source contaminating the safe

drinking water.

(k) Water supply. The water supply:

Child Care Programs 77 Effective 6-1-2022

(1) is adequate, safe, sanitary, and from a:

(A) public water supply; or

(B) non-public water supply, such as well water, meeting local and Oklahoma

Department of Environmental Quality (DEQ) testing requirements. The program

obtains at least total coliform bacteria, nitrate, and lead test results every 12

months from a DEQ accredited drinking water laboratory. Documentation is

maintained, per OAC 340:110-3-281.2(c); and

(2) has hot and cold running water under pressure in food preparation areas or where

food-contact items and surfaces are washed.

(l) Sewage disposal. Sewage, including mop water, is disposed in a public sewage

system or, in its absence, a manner approved by DEQ.

(m) Toileting facilities. The toileting facilities requirements in (1) and (2) of this

subsection are met.

(1) For every 15 children, the facility has at least one toilet, excluding urinals and potty

chairs, easily accessible and in the same building where care is provided.

(2) The toileting facilities:

(A) have operable toilets;

(B) have toilet paper within easy reach of children;

(D) used by 6-year-olds or older provide privacy, such as being equipped with

doors or having children take turns while supervision is maintained.

(n) Hand washing facilities. The hand washing facilities requirements in (1) through (3)

of this subsection are met.

(1) Required sinks are plumbed, per (j) of this Section.

(A) For every 15 children, the facility has at least one sink, excluding food service

areas and portable sinks, easily accessible and in the same building where care is

provided.

(B) Diaper changing areas have at least one sink, excluding portable sinks in the

same classroom or a restroom opening directly into the classroom when the

classroom has 2-year-olds or younger in diapers. However, a sink is not required

when the:

(i) classroom has 2-year-olds or older with disposable or cloth training pants,

provided adequate supervision and sanitation provisions are made; or

(ii) licensed capacity is 15 or less and the facility was originally designed as a

family residence provided:

(I) a centrally located restroom sink with a diaper changing area is nearby;

and

(II) children in diapers play throughout the house rather than an assigned

classroom.

portable sinks:

(i) with a mixed-valve faucet, in programs licensed after June 1, 1987; and

(ii) that is separate and in addition to food preparation and dishwashing sinks.

(2) Portable sinks do not replace required sinks, per (1) of this subsection. However,

portable sinks may be used in addition to required sinks, provided sanitary conditions

are maintained, including obtaining water from an appropriate water supply, per (k) of

this Section.

Child Care Programs 78 Effective 6-1-2022

(3) Hand washing facilities have:

(A) operable sinks with running water between 80 and 120 degrees Fahrenheit;

(B) soap, paper towels, or mechanical hand dryers, and trash containers within

children's easy reach; and

(o) Kitchens. Kitchens are in a separate area discouraging unsupervised children and

unauthorized individuals.

(p) Basements. Basements used for children meet the requirements, per OAC 340:110-

3-301(b).

(q) Exits, doors, windows, and screens. The requirements in (1) through (7) of this

subsection are met.

(1) Exits and exit routes are not blocked by equipment, furniture, or other objects.

(2) Interior and exterior evacuation exit doors:

(A) open from the inside without a key; and

(B) unlock, unlatch, and open with a single motion.

(3) Restroom doors unlock from the outside in an emergency, with an opening device

readily accessible to personnel.

(4) Closet doors can be opened from the inside by children.

(5) Clear glass doors and windows beginning at ground level are plainly marked at

children's eye level.

(6) Exterior screen or storm doors have a self-closing apparatus.

(7) Opened exterior doors and windows have properly fitted screens.

(r) Stairways. Interior and exterior stairways with four or more steps have at least one

handrail.

(s) Barriers. Barriers:

(1) are provided on porches, elevated walkways, and elevated play areas of more than

two feet in height; and

(2) have openings less than:

(A) two and 3/8 inches when accessible to 1-year-olds and younger; and

(B) four inches when accessible to 2-year-olds and older.

(t) Individual smoke alarms. Individual smoke alarms are:

(1) required when the facility is not equipped with a central detection and alarm system

for smoke, per (v) of this Section;

(2) mounted, per the manufacturer's instructions and fire governmental authority

having jurisdiction; and

(3) tested and maintained, per OAC 340:110-3-279(f).

(u) Individual carbon monoxide alarms. At least one individual carbon monoxide alarm

is:

(1) required when a fuel burning appliance is in the building and the facility is not

equipped with a central detection and alarm system for carbon monoxide, per (v) of

this Section;

(2) mounted, per the manufacturer's instructions and fire governmental authority

having jurisdiction; and

(3) tested and maintained, per OAC 340:110-3-279(f).

(v) Central detection and alarm system for smoke and carbon monoxide. The facility

may be equipped with hard-wired or wireless detectors connected to a central control

panel. When equipped, the system is:

Child Care Programs 79 Effective 6-1-2022

(1) installed, per the manufacturer's instructions and fire governmental authority

having jurisdiction; and

(2) tested and maintained, per OAC 340:110-3-279(f).

(w) Fire extinguishers. Fire extinguishers:

(1) are portable and Class ABC;

(2) are the quantity, size, type, and installation required by the fire governmental

authority having jurisdiction;

(3) have locations posted, per OAC 340:110-3-281.1(i); and

(4) are tested and maintained, per OAC 340:110-3-279(f).

(x) Phone. The program provides an operable landline or cellular phone in each building

and on each floor.

(y) Utilities. The facility has operable utilities.

(z) Maintenance of facility. The facility is structurally sound, with interior and exterior in

good repair, such as:

(1) floors without broken tile, torn carpet, and holes;

(2) walls and ceilings without holes and peeling paper and paint; and

(3) windows and doors without broken glass and other hazards.

Child Care Programs 80 Effective 6-1-2022

340:110-3-301. Indoor and outdoor play areas

(a) Indoor and outdoor play areas.

(1) Facility. Facility requirements are met, per Oklahoma Administrative Code (OAC)

340:110-3-300.

(2) Equipment. Equipment requirements are met, per OAC 340:110-3-302.

(3) Hazards. Hazard requirements are met, per OAC 340:110-3-303.

(4) Cleanliness and sanitation. Cleanliness and sanitation requirements are met,

per OAC 340:110-3-304.

(b) Indoor play areas.

(1) Square footage for licensed capacity. A minimum amount of indoor play area

is required.

(A) There is at least 35 square feet of floor space per child for routine use by

children.

(B) However, new construction, existing space not previously licensed for child

care, or programs licensed after November 1, 2016, are required to have 40 square

feet of floor space per infant in rooms occupied only by infants.

(2) Areas not counted toward licensed capacity. Areas not counted toward the

licensed capacity are:

(A) restrooms, kitchens, and hallways;

(B) storage closets and supply rooms;

(D) areas occupied by furniture not for children's use;

(E) supplemental areas or rooms used exclusively for eating, rest time, gross

motor play, or care of ill children; and

(F) alternate indoor play areas in shared facilities, per OAC 340:110-3-277(b).

(3) Areas limited for children's use. Areas in (A) and (B) of this paragraph are

only used under specified conditions.

(A) Basements, areas partially below ground level, and floors above ground level

are only counted toward the licensed capacity when approved by the local or

state fire governmental authority having jurisdiction. Fire approval is also

required before children use the area for any reason, except as part of the

emergency plans and procedures, such as tornados or lock-downs. Fire

inspection reports indicate age restrictions. When used by children, basements

are finished, dry, and ventilated.

(B) Large areas, such as gymnasiums are only counted toward licensed capacity

when divided into classrooms for children 3 years of age or older. However, they

may be used as a supplemental area for any age.

(4) Classroom capacity. Classrooms are not routinely occupied by more children

than can be accommodated by the square footage per (1) of this subsection.

(5) Use zones and impact-absorbing materials. Use zone and impact-absorbing

material requirements, per (c) of this Section, are met for indoor climbing equipment

with a fall height over four feet.

(1) Square footage for licensed capacity. A minimum amount of outdoor play area

is required.

(A) When the licensed capacity is 23 or fewer children there is at least 75 square

feet of outdoor play area per child for the licensed capacity.

Child Care Programs 81 Effective 6-1-2022

(B) When the licensed capacity is 24 or more children, there is at least 75 square

feet of outdoor play area per child for at least one-third of the licensed capacity or

1800 square feet, whichever is greater.

(2) Areas not counted toward licensed capacity. Alternate outdoor play areas

required in shared facilities, per OAC 340:110-3-277(b), are not counted toward the

licensed capacity.

(3) Outdoor play area capacity. Outdoor play areas are not routinely occupied by

more children than can be accommodated by the square footage per (1) of this

subsection. When the program has less than 75 square feet of outdoor play area per

child for the licensed capacity, the program follows a rotation schedule as indicated

on the classroom schedules.

(4) Location. Outdoor play areas are situated allowing:

(A) children to reach them safely; and

(B) supervision of areas where children cannot be easily seen.

(5) Fencing. Outdoor play areas are enclosed by a building or fence.

(A) The fence:

(i) begins at ground level;

(ii) is at least 48 inches high;

(iii) poses no risk to children; and

(iv) is maintained in a good condition, such as stable, secure, and upright.

(B) However, 4-year-olds and older may play in an unfenced or partially fenced on-

site outdoor play area as part of a scheduled occasional supervised activity when

the area is properly protected from traffic and other hazards.

(6) Exits and gates. The outdoor play area(s):

(A) has at least one exit remaining unlocked during operation hours and is away

from the building. However, the unlocked exit may have a child-proof latch or a

latch out of children's reach; and

(B) gates are kept closed when children are playing outside.

(7) Water protection. Bodies of water and water features meet water activity

requirements, per OAC 340:110-3-291.

(8) Shade. Outdoor play areas have shade accessible to children when outdoors.

(9) Open area. Play equipment is arranged to have an open, continuous,

uninterrupted, and unobstructed area in at least 25 percent of the required outdoor

play area. Programs in shared facilities sharing outdoor play areas are exempt from

this requirement.

(10) Use zones. Use zones are defined, per OAC 340:110-3-275.

(A) Use zones:

(i) are free of obstacles, except for multi-axis, swing support structures;

(ii) around all play equipment are arranged to prevent hazards from conflicting

activities;

(iii) around non-portable play equipment, with a fall height of:

(I) 30 inches or less, extend at least three feet from the equipment perimeter

in all directions, unless an exception in (B) of this subsection applies; or

(II) more than 30 inches, extend at least six feet from the equipment

perimeter in all directions, unless an exception in (B) of this subsection

applies; and

Child Care Programs 82 Effective 6-1-2022

(iv) do not overlap. However, use zones in programs licensed before January

1, 2016, may overlap for existing non-portable play equipment, unless the

equipment is moved.

(B) However, use zones:

(i) on the sides of play equipment, where the fall potential in that direction is

minimal, are not required, such as play equipment with guardrails or barriers or

the sides of swings;

(ii) for single-axis swings that move forward and backward, extend two times

the length of the swing chain to the front and rear of the swing midpoint.

However, swings secured by a bar or strap and used by children 2 years of age

or younger are not required to extend more than six feet; and

(iii) for multi-axis swings, such as tire swings with circular motion, extend six

feet plus the length of the chain in every direction from the midpoint. At least a

30-inch clearance between a fully extended tire swing seat and the support

structure is required.

structure.

(11) Impact-absorbing materials. Impact-absorbing materials:

(A) are required in use zones for:

(i) climbers;

(ii) swings;

(iii) slides; and

(iv) revolving equipment; and

(B) meet these requirements when obtained after August 1, 2003, as documented,

per OAC 340:110-3-281.2(c). However, grass is acceptable when the fall height

is four feet or less and for swings secured by a bar or strap used by children 2

years of age or younger.

(i) Loose-fill materials, such as sand, pea gravel, wood playground mulch,

shredded rubber mulch, and engineered wood fibers (EWF):

(I) are maintained at a depth of at least six inches by replacing, leveling, or

raking. In addition, rubber mulch, EWF, and any other loose-fill material

tested by the American Society for Testing and Materials International

(ASTM) complies with ASTM impact attenuation and EWF guidelines;

(II) remain loose and are not compacted. Grass and weeds in use zones

are minimized to prevent compaction; and

(III) may be prevented from displacement by using impact mats meeting

ASTM guidelines for impact attenuation.

(ii) Unitary materials, such as rubber mats and poured in place rubber:

(I) comply with ASTM guidelines for impact attenuation;

(II) have an ASTM rating equal to or greater than the fall height; and

(III) do not have rips, tears, and loose seams.

(12) Surfaces. At least two surface types are required. Programs licensed:

(A) on or after January 1, 2016, only count surfaces outside of use zones, including

impact-absorbing materials that extend beyond use zones; and

(B) before January 1, 2016, may count surfaces inside of use zones, unless square

footage is added to the outdoor play area.

Child Care Programs 83 Effective 6-1-2022

340:110-3-302. Equipment

(a) General. When obtaining and maintaining basic and play equipment, requirements

in this Section are met.

(1) Type and quantity. Equipment is:

(A) of appropriate type and size meeting the age group and individual children's

needs for physical, cognitive, emotional and social development; and

(B) provided in type and quantity, per Oklahoma Administrative Code (OAC) 340

Appendix MM – Equipment.

(2) Condition. Equipment is:

(A) safely constructed, including lead free;

(B) installed, maintained, and used, per manufacturer's instructions;

splinters, loose parts, protrusions, and sharp edges;

(D) complete and in good working condition and repair, including no holes or tears;

and

(E) clean and sanitary, per OAC 340:110-3-304.

(3) Evaluate. The program:

(A) evaluates equipment for required quantity and safety on an ongoing basis; and

(B) conducts an equipment inventory at least every 12 months. Documentation is

maintained, per OAC 340:110-3-281.2(c).

(b) Rest equipment. Safe and appropriate use of rest equipment is met, per OAC

340:110-3-296.

(1) Mats. Each individual mat is at least one-inch thick and covered with a durable,

washable, waterproof, form-fitting material. Inflatable mats are not used for rest time.

(2) Cots. Cots are able to be cleaned and sanitized.

(3) Cribs. Cribs, including portable cribs that can be folded or collapsed without being

disassembled:

(A) meet the current Consumer Product Safety Commission (CPSC) full-size and

non-full-size crib standards. Documentation is maintained, per OAC 340:110-3-

281.2(c); and

(B) have a mattress that is:

(i) firm;

(ii) designed to fit the specific crib, with one inch or less between the mattress

and crib; and

(iii) covered with a durable, washable, waterproof, form-fitting material.

(4) Play yards. Play yards, such as playpens and pack-n-plays, are made of mesh,

fabric, or other non-rigid construction.

(A) Play yards are prohibited in programs licensed on or after January 1, 2016.

(B) Existing play yards may be used in programs licensed before January 1, 2016,

provided these requirements are met. However, additional or replacement play

yards are not obtained after this date.

(i) The pad is manufactured for the specific play yard.

(ii) The equipment has:

(I) mesh less than 1/4 inch in size, smaller than baby clothing buttons;

(II) securely attached material at the top rail and floor plate;

(III) no tears, holes, or loose threads that could entangle a child; and

(IV) no missing, loose, or exposed staples.

Child Care Programs 84 Effective 6-1-2022

including access, rotation, use zones, and impact-absorbing materials, is met, per OAC

340:110-3-289(f) and (g) and 340:110-3-301(b).

(d) Outdoor play equipment. Safe and appropriate use of outdoor play equipment,

including open area arrangement, use zones, and impact-absorbing materials, is met, per

OAC 340:110-3-301(c).

(1) Safe design. Equipment does not have:

(A) angles or openings between three and one-half inches and nine inches that

could entrap any part of a child's body including his or her head, such as ladder

rungs and steering wheels;

(B) exposed moving parts with pinch, crush, or shear points, such as rotating

devices with exposed gears or axle assemblies and teeter-totter hinges; and

durable, lightweight, relatively pliable material, such as nylon webbing, rubber, or

plastic.

(2) Stability. Equipment can withstand the maximum anticipated forces generated by

active use preventing overturning, tipping, or sliding. Anchors, when used, pose no

hazard to children.

(e) Prohibited equipment. Prohibited equipment is not on-site, unless the shared facility

requirements, per (f) of this Section apply.

(1) Diaper changing equipment. Prohibited diaper changing equipment includes

diaper changing attachments contained in pack-n-plays.

(2) Rest equipment. Prohibited rest equipment includes:

(A) bassinets, including bassinet attachments in pack-n-plays;

(B) stacked cribs; and

are awake.

(3) Play equipment. Prohibited play equipment includes:

(A) infant walkers;

(B) heavy metal or molded plastic swings, such as animal figures;

(D) trampolines except for mini-trampolines or mini-rebounders:

(i) having a diameter of three feet or less, padded handle, and safety pad cover;

and

(ii) used only by children 3 years of age and older with adult supervision.

(f) Prohibited and non-compliant equipment - shared facility. When prohibited

equipment, per (e) of this Section, or equipment not meeting the requirements, including

inappropriate use zones and impact-absorbing materials, are on-site due to the program

sharing the facility, the requirements in (1) and (2) of this subsection are met.

(1) Inaccessible. The equipment is made inaccessible when possible, or a Licensing-

approved written plan addressing a method ensuring the equipment is not used by

children is followed.

(2) Capacity. The area taken by the prohibited and non-compliant equipment does

not count toward the licensed capacity, classroom capacity, or outdoor play area

capacity.

Child Care Programs 85 Effective 6-1-2022

340:110-3-303. Hazards

(a) General. Hazards are defined as anything that may inflict injury or cause harm, per

Oklahoma Administrative Code (OAC) 340:110-3-275.

(1) The facility is free of hazards.

(2) Hazardous items are:

(A) inaccessible, as defined, per OAC 340:110-3-275; and

(B) including items in personal belongings, such as diaper bags, backpacks, and

purses.

(3) Hazardous items used for a supervised, planned, learning activity may be

accessible during the activity, such as water play, arts and crafts, gardening, and

woodworking. Higher risk activity requirements may apply, per OAC 340:110-3-290.

(4) Personnel recognize and act to correct indoor and outdoor physical safety hazards.

(b) Manufacturer instructions. Products, including toxic materials, are used, per the

manufacturer's instructions.

after use.

(d) Toxic plants. Toxic plants are inaccessible.

(e) Toxic materials. Toxic materials, such as health and beauty aids, cleaning materials,

and pesticides are inaccessible.

(1) Toxic materials are stored in original containers. However, smaller containers may

be used when labeled with the product's name, and the warning information is

maintained at the facility.

(2) Toxic materials are not stored or used in a manner:

(A) constituting a hazard; or

(B) contaminating food and food-contact items and surfaces.

(f) Pest control products. Pest control products are not applied when children are

present. After product application, children do not access the area until indicated by the

manufacturer's instructions.

(g) Medication. Medication is inaccessible.

(h) Illegal drugs. The facility and transportation vehicles are free of illegal drugs and

paraphernalia.

(i) Tobacco products. Tobacco and simulated tobacco products and related items, such

as ashtrays and cigarette butts, are inaccessible.

(j) Matches and lighters. Matches and lighters are inaccessible.

(k) Open flames. Items with open flames, such as candles, are not used during operating

hours.

(l) Heater closets. The central heating unit and gas-fed hot water heater enclosures,

such as a closet, are inaccessible and not used for any type of storage.

(m) Weapons and ammunition. Any weapons and ammunition, such as firearms, cap

pistols, bows and arrows, and hunting knives, are kept in an inaccessible area. In

addition:

(1) locked is defined, per OAC 340:110-3-275;

(2) weapons are kept unloaded in locked containers or cabinets;

(3) ammunition is kept in locked containers or cabinets, separate from weapons;

(4) keys, combinations, and locked storage codes are inaccessible; and

(5) parents are informed of weapons as required, per OAC 340:110-3-280(d).

Child Care Programs 86 Effective 6-1-2022

(n) Vehicle items. Children are protected from items that may become hazardous during

vehicle operation or an accident.

(o) Miscellaneous. The requirements in (1) and (2) of this subsection are met.

(1) Fireworks are inaccessible.

(2) Compressed gas cylinders are secured to prevent falling over.

(p) Hazards – children 3 years of age and younger. The requirements in (1) through

(3) of this subsection are met.

(1) For 3-year-olds and younger, electrical device charging cords are inaccessible.

(2) For 2-year-olds and younger, inaccessible items include:

(A) strangulation hazards, such as electrical and window blind cords, ropes, and

play equipment with long strings;

(B) choking hazards, such as objects with removable parts having less than one

and 1/4 inch diameter, plastic bags, Styrofoam, and rubber balloons; and

(3) For 1-year-olds and younger, stairways are inaccessible.

Child Care Programs 87 Effective 6-1-2022

340:110-3-304. Cleanliness and sanitation

(a) General. The cleaning and sanitation requirements in (1) and (2) of this subsection

are met.

(1) The facility and vehicles are clean, sanitary, and free of clutter and litter, including

paper accumulation. The facility and equipment have no dust, dirt, soil, food particle,

or other debris accumulation.

(2) The outdoor play areas are free of tall grass and weeds and standing water.

(3) Prior to children being outside, the outdoor area is free of animal waste and debris.

(b) Procedures. The procedure requirements in (1) and (2) of this subsection are met.

(1) Cleaning, sanitizing, and disinfecting are conducted in a manner preventing food

and food-contact item and surface contamination.

(2) When cleaning up vomit, blood, and body fluids that may contain blood,

disposable, non-porous gloves are used. Gloves are discarded immediately after use

in an inaccessible, closed container, and hands are washed.

disinfectant is used, per Oklahoma Administrative Code (OAC) 340 Appendix NN –

Cleaners, Sanitizers, and Disinfectants. For sanitizing and disinfecting, only a sanitizer

or disinfectant with an Environmental Protection Agency registration number or household

bleach is used, per OAC 340 Appendix NN – Cleaners, Sanitizers, and Disinfectants.

(d) Diaper changing areas. The program cleans and disinfects, per OAC 340 Appendix

KK – Diaper Changing Procedures.

(e) Food service areas. The program cleans and sanitizes, per OAC 340:110-3-299(k).

(f) Equipment. The program cleans and sanitizes, per requirements in (1) through (3) of

this subsection.

(1) Indoor play equipment is:

(A) cleaned and sanitized, including laundered when applicable, before being

reused after:

(i) contact with body fluids, including a child's mouth; and

(ii) use by an ill child; and

(B) stored in a sanitary manner.

(2) Rest equipment other than bedding is:

(A) cleaned and sanitized:

(i) at least weekly;

(ii) after contact with body fluids;

(iii) before use by another child; and

(iv) after use by an ill child; and

(B) stored in a sanitary manner.

(3) Bedding is:

(A) changed:

(i) at least weekly; however, crib and play yard sheets are changed daily;

(ii) when soiled;

(iii) before use by another child; and

(iv) after use by an ill child; and

(B) stored in a sanitary manner. A child's bedding does not touch another child's

bedding between laundering.

(g) Laundry. Dirty laundry is kept in containers until laundered.

(h) Trash and rubbish. Trash and rubbish is promptly discarded into trash containers.

Child Care Programs 88 Effective 6-1-2022

(1) Trash containers:

(A) containing soiled diapers or disposable training pants or food waste have leak-

proof disposable liners and are covered with tight-fitting lids when not in continuous

use;

(B) within food service areas are cleaned each time they are emptied; and

storing facility trash prior to disposal from the premises.

(2) Trash disposal from the premises occurs as needed for sanitation.

(3) When used, sink garbage disposals are of suitable construction and comply with

the building codes of the local or state governmental authority having jurisdiction.

(i) Pest control. The facility is free of pests, such as rodents and insects. Safe, effective

measures minimize the presence and protect against the entry of pests.

Child Care Programs 89 Effective 6-1-2022

340:110-3-305. Transportation

(a) General.

(1) When children in care are transported in a vehicle, whether provided, arranged, or

contracted by the program, requirements in this Section are met.

(2) When the program contracts for transportation, including use of public

transportation, the program is responsible for ensuring the contracted entity meets

transportation requirements, including child passenger safety training.

(3) Children are not transported in vehicles or parts of vehicles not designed for

transporting individuals, such as truck beds, campers, and trailers.

(4) Drivers and vehicles used to transport children comply with all applicable state

laws, including vehicle insurance. Documentation is maintained, per Oklahoma

Administrative Code (OAC) 340:110-3-281.2(c) and (d).

(5) Children do not ride more than 60 minutes one way. However, longer field trips

may occur infrequently provided necessary rest and stretch stops are made.

(b) Driver, child passenger safety, cardio-pulmonary resuscitation (CPR), and first

aid.

(1) The driver requirements are met, per OAC 340:110-3-284.3(d).

(2) The child passenger safety training requirements are met by the:

(A) program, per OAC 340:110-3-284(d); and

(B) drivers and personnel assisting with child passenger safety restraints, per OAC

340:110-3-284.3(d).

(3) CPR and first aid certification requirements are met, per OAC 340:110-3-284(d).

(1) Transportation and field trip permission is maintained, per OAC 340:110-3-

281.4(b).

(2) Attendance documentation is maintained, per OAC 340:110-3-281.2(c) and (d).

(d) Ratios and supervision.

(1) The driver may count in ratios, unless excluded, per OAC 340:110-3-286(a).

(2) Supervision is maintained, per OAC 340:110-3-287(h).

(e) Communication.

(1) An operable phone is in each vehicle transporting children.

(2) While transporting children, drivers do not use a phone or wireless communication

device, including hands-free technology:

(A) when the vehicle is in motion, with the exception of a navigational system or

global positioning system device; and

(B) unless emergency communication is necessary and the vehicle is secured in

park before devices are used.

(f) Safety and tobacco-free.

(1) Vehicles have a first aid kit, per OAC 340:110-3-279(d).

(2) Vehicles are free of hazards, per OAC 340:110-3-303.

(3) Safe conduct to and from vehicles and safe off-street loading spaces are provided

to protect children from:

(A) backing vehicles;

(B) being between vehicles; and

(4) Vehicle door locks are activated when the vehicle is moving.

(5) Tobacco use is prohibited, per OAC 340:110-3-294(g).

Child Care Programs 90 Effective 6-1-2022

(g) Passenger restraints, seating, and airbags.

(1) Vehicle maximum capacity and seating space, per manufacturer's designations, is

not exceeded.

(2) Children sit in seats behind the front seat. However, when all these positions are

occupied by other children, a child may sit in the front seat, provided requirements in

(A) and (B) of this paragraph are met.

(A) When there is a front seat passenger airbag and children 12 years of age or

younger are in the front seat, the airbag is deactivated by a weight sensitive seat,

when equipped with such, or a manual switch.

(B) When the airbag cannot be deactivated, the front seat is pushed back as far

as possible, and only a child whose age and weight requires a forward facing car

seat with a harness, per manufacturer's instructions, may sit in the front seat.

(3) Children remain properly secured in child passenger restraint system, such as a

car or booster seat or an individual seat belt complying with applicable state laws,

unless the vehicle is exempt, per (5) of this subsection. Children do not share a seat

belt.

(A) Car and booster seats are:

(i) federally approved;

(ii) installed, per manufacturer's instructions;

(iii) appropriate to the child's height, weight, and physical condition, per

manufacturer's instructions; and

(iv) properly maintained, such as not expired or previously involved in a vehicle

accident.

(B) Seat belts:

(i) are properly anchored to the vehicle; and

(ii) fit the child appropriately, per Child Passenger Safety training, per OAC

340:110-3-284(d).

(4) Adult passengers, including the driver, remain properly secured in an individual

seat belt unless:

(A) unable due to documented medical reasons, per OAC 340:110-3-281.3(b); or

(B) the vehicle is exempt, per (5) of this subsection.

(5) The vehicle exemption to passenger restraints is for buses, unless designed for or

equipped with seat belts or the Lower Anchors and Tethers for Children (LATCH)

system. However, passengers remain seated.

(h) Vehicles and vehicle maintenance.

(1) Vehicle requirements apply to:

(A) program vehicles at all times; and

(B) personal vehicles when transporting children.

(2) Vehicle maintenance is:

(A) conducted at least quarterly for:

(i) program vehicles; and

(ii) personal vehicles used regularly; and

(B) documented, per OAC 340:110-3-281.2(c).

(3) The vehicles:

(A) are identified with the program or business entity name and phone number

easily read by the public, unless using contracted transportation;

(B) are in a safe operating condition;

Child Care Programs 91 Effective 6-1-2022

degrees Fahrenheit;

(D) have a ventilation system, such as air conditioning or operable windows; and

(E) have stationary padded seats, with a back properly anchored to the vehicle.

Child Care Programs 92 Effective 6-1-2022

340:110-3-306. Addendum requirements for child care centers

(a) Child care centers. Child care centers are programs that operate 30 or more hours

per week.

(b) Common requirements. Programs are required to meet the common requirements

in Oklahoma Administrative Code (OAC) 340:110-3-275 through 340:110-3-305, unless

the addendum requirements in this Section state otherwise.

the educational requirements per OAC 340:110-3-284.2(c).

(d) Program or parent provided food. Programs provide meals and snacks per OAC

340:110-3-298(c) for 2-year-olds through 5-year-olds who are not attending or have not

completed kindergarten.

(e) Toileting and hand washing facilities. Programs licensed on or before July 2, 1970,

are exempt from the toilet and sink quantity requirements per OAC 340:110-3-300(m) and

(n), unless the licensed capacity increases or the program changes locations.

(f) Food service area hand washing sink. Programs licensed before June 1, 1987, in

a facility originally designed as a family residence may meet the separate hand washing

sink requirement for the food service area per OAC 340:110-3-300(n) with a sink in a

restroom on the same floor as the food service area, unless the program changes

locations.

(g) Square footage for indoor play area. Programs licensed or expanded on or before

July 2, 1970, are exempt from the square footage requirements per OAC 340:110-3-

301(b). However, at least 30 square feet of floor space per child is required.

Child Care Programs 93 Effective 6-1-2022

340:110-3-307. Addendum requirements for day camps

(a) Day camps. Day camps are programs that operate during school breaks for 12 hours

or less per day, serve 5-year-olds and older who are attending or have completed

kindergarten or above, and use the outdoors as a major program component for at least

50 percent of the daily hours of operation.

(b) Common requirements. Programs are required to meet the common requirements

in Oklahoma Administrative Code (OAC) 340:110-3-275 through 340:110-3-305, unless

the addendum requirements in this Section state otherwise.

schedule, and weekly lesson plans per OAC 340:110-3-281.1(i)(4) through (6) may be

maintained in a portable method with the teaching personnel. The remainder of the

posted in classroom items in (i) may be posted in a prominent location.

(d) General professional development. Personnel obtain orientation per OAC 340:110-

3-284(d) prior to working with children. Personnel are exempt from the Entry Level Child

Care Training (ELCCT) or equivalent requirements per OAC 340:110-3-284(d).

(e) Director qualifications. Directors are exempt from the Oklahoma Director's

Credential requirement per OAC 340:110-3-284.1(b). However, directors obtain at least

an Oklahoma Professional Development Ladder (OPDL) certificate per OAC 340:110-3-

284(b) and have:

(1) a high school diploma, General Educational Development (GED), or Licensing

approved equivalent and two years of full-time experience in an out-of-school time,

educational, or child care setting;

(2) a high school diploma, GED, or Licensing approved equivalent and 12 college

credit hours in child development, elementary or secondary education, or a closely

related subject and one year of satisfactory experience in an out-of-school time,

educational, or child care setting; or

(3) an associate or bachelor’s degree with at least 12 college credit hours in child

development, elementary or secondary education, or a closely related subject.

(f) Director responsibilities. Directors are free from direct care responsibilities at least

one hour per day rather than three hours per day per OAC 340:110-3-284.1(b).

(g) Director professional development. Directors meet the continuing professional

development requirements per OAC 340:110-3-284(d) to maintain at least 20 clock-hours

every 12 months. The clock-hours meet the criteria identified in the footnotes per OAC

340 Appendix FF - Oklahoma Professional Development Ladder.

(h) Master teacher qualifications. Master teachers are exempt from position specific

educational and OPDL requirements per OAC 340:110-3-284.2(b). However, master

teachers have at least:

(1) a high school diploma, GED, or Licensing approved equivalent and one year of

satisfactory full-time experience in an out-of-school time, educational, or child care

setting;

(2) a high school diploma, GED, or Licensing approved equivalent and 12 college

credit hours in child development, elementary or secondary education, or a closely

related subject; or

(3) an associate degree with at least six college credit hours in child development,

early childhood, elementary or secondary education, or a closely related subject.

(i) Teacher qualifications. Teachers hired on or before September 1, 1997, are exempt

from position specific educational requirements per OAC 340:110-3-284.2(c).

Child Care Programs 94 Effective 6-1-2022

(j) Supervision. The supervision exception for the 6-year-olds and older requirement per

OAC 340:110-3-287(e) does not apply. Children are within sight and hearing of teaching

personnel at all times, unless restrooms or locations where medications are administered

are located in areas away from children. In this situation, the program follows a Licensing

approved written plan, addressing how personnel will monitor children's whereabouts

when the children are out of sight and hearing of personnel.

(k) Daily classroom schedule. Programs are exempt from the classroom schedule for

each classroom and indoor play requirement per OAC 340:110-3-289(b). However, the

program has at least one classroom schedule that applies to all children.

(l) Weekly lesson plans. Programs are exempt from the lesson plan for each classroom

requirement per OAC 340:110-3-289(d). However, lesson plans are at least by activity

type, such as art and science.

(m) Annual parent conferences. Programs are exempt from parent conferences per

OAC 340:110-3-293(d).

(n) Electrical outlets. Programs are exempt from the unused electrical outlet

requirement per OAC 340:110-3-300(f).

(o) Indoor temperature. The indoor temperature requirement per OAC 340:110-3-

300(h) is only required when children are indoors.

(p) Screens. Programs are exempt from door and window screens per OAC 340:110-3-

300(q). However, programs take measures to avoid insect infestation.

(q) Toileting facilities. The toileting facilities requirements listed in (1) and (2) of this

subsection are met.

(1) Programs are exempt from the one toilet for every 15 children requirement per

OAC 340:110-3-300(m). However, programs meet one of these options:

(A) one toilet for every 25 children; or

(B) one toilet for every 50 children, with a minimum of two toilets and at least one

restroom for males and one for females.

(2) Commercial portable toilets that meet all state environmental inspection guidelines

may be used in place of flushable toilets.

(r) Hand washing facilities. Programs are exempt from the one sink for every 15

children requirement per OAC 340:110-3-300(n) provided adequate running water is

available for hand washing. Portable sinks per OAC 340:110-3-300(n) may meet this

requirement. If adequate running water is not available, another hand washing method

must be approved by the Oklahoma State Department of Health.

(s) Food service area hand washing sink. Programs licensed before September 1,

1997, in a facility originally designed as a family residence, may meet the separate hand

washing sink requirement for the food service area per OAC 340:110-3-300(n) with a sink

in a restroom on the same floor as the food service area, unless the program changes

locations.

(t) Indoor square footage. Programs are exempt from the indoor square footage

requirement per OAC 340:110-3-301(b). However, the program has accessible for

children's use:

(1) at least 10 square feet of floor space per child; or

(2) a covered permanent structure, provided an alternate indoor site is designated for

use during inclement weather.

(u) Outdoor play area. An outdoor play area is not required on-site, provided the

program uses a city park or other off-site outdoor play area that meets the outdoor play

Child Care Programs 95 Effective 6-1-2022

area and equipment requirements per OAC 340:110-3-301(c) and 340:110-3-302(a) and

(d), unless the area is shared with the public or another entity and a Licensing approved

exception is made. If the outdoor play area is off-site, the program follows a Licensing

approved written plan that addresses:

(1) use of the off-site outdoor play area(s); and

(2) methods to protect children when exceptions are made to the outdoor play area or

equipment requirements. Examples include methods that:

(A) protect children from hazards when the area is not enclosed with fencing and

hazards, such as water and traffic are present; and

(B) make prohibited and non-compliant equipment inaccessible, when possible, or

a method that ensures the equipment is not used by the children.

(v) Equipment. Programs are exempt from the basic and play equipment type and

quantity requirements per OAC 340:110-3-302(a). However, play equipment is:

(1) in a quantity that avoids excessive competition between children and long waits

for use; and

(2) from at least five categories including:

(A) gross motor play;

(B) fine motor play, such as manipulatives;

(D) carpentry;

(E) science;

(F) sand and water play;

(G) arts and crafts;

(H) music and rhythm;

(I) dramatic play; and

(J) language play including books or child-oriented magazines.

(w) Equipment inventory. Programs are exempt from the equipment inventory

requirement per OAC 340:110-3-302(a).

Child Care Programs 96 Effective 6-1-2022

340:110-3-308. Addendum requirements for drop-in programs

(a) Drop-in programs. Drop-in programs operate 30 or more hours per week with

individual children attending six hours or less per day and 24 hours or less per week, with

an allowance for three extra six hour days per 12 months per child.

(b) Common requirements. Programs are required to meet the common requirements

in Oklahoma Administrative Code (OAC) 340:110-3-275 through 340:110-3-305, unless

the addendum requirements in this Section state otherwise.

340:110-3-281.1(c), an Oklahoma Department of Human Services (DHS) Publication No.

14-06, Drop-In Program Maximum Hour Notice, stating the maximum number of hours

per day and week a child may be in care is posted in a prominent location for parent and

public viewing. This statement is also included in all drop-in program literature, including

program policy and advertisements.

(d) Children's attendance records. In addition to the children's attendance

requirements per OAC 340:110-3-281.2(c), each child's attendance includes the total

number of hours in care per day and week. Documentation is maintained for at least 24

months.

(e) Teacher qualifications. Teachers hired on or before July 1, 1995, are exempt from

the educational requirements per OAC 340:110-3-284.2(c).

(f) Weekly lesson plans. In addition to the lesson plan requirements per OAC 340:110-

3-289(d), modifications are made to reflect the flexibility of the programs, while

maintaining the purpose of varied planned activities in addition to free-play. The lesson

plans:

(1) are designed for the children who are in attendance on a frequent basis, with

activity considerations given for the children in attendance on an occasional or first

time basis; and

(2) are designed for or able to be modified to each age group accepted into care, as

the ages of the children in care at any given time may vary. Programs are exempt

from the lesson plan for each classroom requirement per OAC 340:110-3-281.1(i),

provided the needs of the children in care are addressed by the lesson plans.

(g) Parent activities or special events. Programs are exempt from the parent activities

or special events requirements per OAC 340:110-3-293(d).

(h) Medications. Medications are returned to parents daily. Therefore the other methods

for returning medication to parents do not apply per OAC 340:110-3-295(g).

(i) Required meals and snacks. Programs may serve a snack to children in care over

a four-hour period rather than a meal per OAC 340:110-3-298(a).

(j) Parent provided meals and snacks. Programs are exempt from the additional

serving requirement per OAC 340:110-3-298(c).

(k) Toileting and hand washing facilities. Programs licensed before January 1, 2016:

(1) are exempt from the one toilet and sink for every 15 children requirement per OAC

340:110-3-300(m) and (n), unless the program changes locations; and

(2) have at least one toilet and sink for every 25 children.

(l) Outdoor play area. Programs are exempt from the outdoor play area requirements

per OAC 340:110-3-301(c). However, when the program has an outdoor play area the

requirements are met.

Child Care Programs 97 Effective 6-1-2022

340:110-3-309. Addendum requirements for out-of-school time programs

(a) Out-of-school time programs. Out-of-school time programs operate when school is

not in session, such as before- and after-school and school breaks and serve 3-year-olds

and older who are attending or have completed pre-kindergarten or above.

(b) Common requirements. Programs are required to meet the common requirements

in Oklahoma Administrative Code (OAC) 340:110-3-275 through 340:110-3-305, unless

the addendum requirements in this Section state otherwise.

requirements according to requirements listed in (1) and (2) of this subsection. Posted:

(1) hand washing procedures per OAC 340:110-3-281.1(g) are not required when the

program is in a school and different hand washing procedures are posted by the

school; and

(2) ratios and group sizes, daily classroom schedule, and weekly lesson plans, per

OAC 340:110-3-281.1(i)(4) through (6) may be maintained in a portable method with

the teaching personnel. The remainder of the posted in classroom items in (i) may be

posted in a prominent location when a large area, such as a gymnasium or cafeteria,

is used as classrooms.

(d) Immunization records. Programs operated by a school may use the school's

immunization records to meet the requirement per OAC 340:110-3-281.4(b).

(e) General professional development. Personnel are exempt from the Entry Level

Child Care Training (ELCCT) or equivalent requirement per OAC 340:110-3-284(d).

(f) Director qualifications. Directors are exempt from:

(1) the Oklahoma Director's Credential requirement per OAC 340:110-3-284.1(b).

However, directors obtain at least an Oklahoma Professional Development Ladder

(OPDL) certificate per OAC 340:110-3-284(b) and have:

(A) a high school diploma, General Educational Development (GED), or Licensing

approved equivalent and two years of full-time experience in an out-of-school time,

educational, or child care setting;

(B) a high school diploma, GED, or Licensing approved equivalent and 12 college

credit hours in child development, elementary or secondary education, or a closely

related subject and one year of satisfactory experience in an out-of-school time,

educational, or child care setting; or

development, elementary or secondary education, or a closely related subject; and

(2) licensed capacity requirements when counting as master teachers per OAC

340:110-3-284.2(b). Directors meeting master teacher qualifications may count as

master teachers regardless of licensed capacity.

(g) Director responsibilities. Directors are free from direct care responsibilities one hour

per day rather than three hours per day per OAC 340:110-3-284.1(b).

(h) Director professional development. Directors meet the continuing professional

development requirements per OAC 340:110-3-284(d) to maintain at least 20 clock-hours

every 12 months. The clock-hours meet the criteria identified in the footnotes per OAC

340 Appendix FF - Oklahoma Professional Development Ladder.

(i) Master teacher qualifications. Master teachers are exempt from position specific

educational and OPDL requirements per OAC 340:110-3-284.2(b). However, master

teachers have at least:

Child Care Programs 98 Effective 6-1-2022

(1) a high school diploma, GED, or Licensing approved equivalent and one year of

satisfactory full-time experience in an out-of-school time, educational, or child care

setting;

(2) a high school diploma, GED, or Licensing approved equivalent and 12 college

credit hours in child development, elementary or secondary education or a closely

related subject; or

(3) an associate degree with at least six college credit hours in child development,

early childhood, elementary or secondary education or a closely related subject.

(j) Teacher qualifications. Teachers hired on or before September 1, 1997, are exempt

from the position specific educational requirements per OAC 340:110-3-284.2(c).

(k) Groups and classrooms. Programs are exempt for kindergarten and older children

from the:

(1) one group per classroom requirement per OAC 340:110-3-286(b); and

(2) classroom requirements per OAC 340:110-3-286(b) provided the area is divided

into interest areas, including portable means such as tables and area rugs.

(l) Weekly lesson plans. Programs are exempt from the lesson plan for each classroom

requirement per OAC 340:110-3-289(d) for children who are attending or have completed

kindergarten or above. However, the lesson plans for these children are at least by the

activity type, such as art and science.

(m) Play equipment accessibility. Play equipment may be stored on open storage or

in cabinets, closets, or similar storage, provided children may easily access the

equipment when desired.

(n) Rest time. Programs are exempt from the scheduled rest time requirement per OAC

340:110-3-296(c) for 4-year-olds and younger who had an afternoon rest time in a pre-

kindergarten program.

(o) Required meals and snacks. In addition to the required meals and snacks

requirement per OAC 340:110-3-298(a) programs that provide care:

(1) before 7:00 a.m. serve a morning meal or snack; and

(2) in the afternoon serve an afternoon snack.

(p) Electrical outlets. Programs are exempt from the unused electrical outlet

requirement per OAC 340:110-3-300(f) for 5-year-olds.

(q) Toileting and hand washing facilities. Programs are exempt from the one toilet and

sink quantity requirement per OAC 340:110-3-300(m) and (n) for children who are

attending or have completed kindergarten provided one of these options is met:

(1) one toilet and sink for every 25 children; or

(2) one toilet and sink for every 50 children, with a minimum of two toilets and sinks

and at least one restroom for males and one for females.

(r) Food service area hand washing sink. Programs licensed before September 1,

1997, in a facility originally designed as a family residence may meet the separate hand

washing sink requirement for the food service area per OAC 340:110-3-300(n) with a sink

in a restroom on the same floor as the food service area, unless the program changes

locations.

(s) Indoor square footage. Programs are exempt from having to divide large areas into

classrooms in order to count them toward the licensed capacity per OAC 340:110-3-

301(b).

(t) Fencing. When the program is in a school, Licensing may grant an exception to the

enclosed outdoor play area requirement per OAC 340:110-3-301(c) for 4-year-olds when

Child Care Programs 99 Effective 6-1-2022

the safety of children is ensured. The fencing exception per OAC 340:110-3-301(c)

applies at all times, rather than only during a scheduled occasional supervised activity.

(u) Equipment. Programs are required to meet the indoor basic and play equipment type

and quantity requirements per OAC 340 Appendix MM - Equipment, according to these

requirements.

(1) For 3-year-olds, the 3-year-old equipment chart is used.

(2) For 4-year-olds, the 4- and 5-year-old equipment chart is used.

(3) For 5-year-olds and older, the 6-year-old and older equipment chart is used.

(4) Book quantity requirements do not apply provided programs at least have:

(A) five books for one to 10 children;

(B) 10 books for 11 to 20 children;

(D) 20 books for 31 to 40 children.

(5) The program may require parents provide, for their children, rest equipment and

bedding that meets the requirements.

Child Care Programs 100 Effective 6-1-2022

340:110-3-310. Addendum requirements for part-day programs

(a) Part-day programs. Part-day programs operate for more than 15 but less than 30

hours per week.

(b) Common requirements. Programs are required to meet the common requirements

in Oklahoma Administrative Code (OAC) 340:110-3-275 through 340:110-3-305, unless

the addendum requirements in this Section state otherwise.

OAC 340:110-3-281.1(i). However, lesson plans are available in the classroom.

(d) General qualifications and professional development. Personnel:

(1) are exempt from:

(A) maintaining an Oklahoma Professional Development Ladder certificate per

OAC 340:110-3-284(b);

(B) obtaining the Entry Level Child Care Training or equivalent per OAC 340:110-

3-284(d); and

(2) obtain job-related professional development and maintain documentation on-site,

including the topic, training provider or source, and date the professional development

was obtained.

(e) Director qualifications. Directors are exempt from the Oklahoma Director's

Credential per OAC 340:110-3-284.1(b). However, directors:

(1) have at least a high school diploma, General Education Development (GED), or

Licensing approved equivalent; and

(2) hired on or after January 1, 2016, have one year of full-time administrative or direct

care experience in a child care program or educational setting. However, an early

education or equivalent degree or certification, such as a Child Development

Associate (CDA), may substitute for six months of the required experience.

(f) Director responsibilities. Directors are exempt from the requirement regarding a

minimum amount of time free from direct care responsibilities per OAC 340:110-3-

284.1(b).

(g) Master teachers. Programs are not required to have master teachers per OAC

340:110-3-284.2(b).

(h) Teacher and assistant teacher qualifications. Teaching personnel hired before

January 1, 2016, are exempt from the educational requirements per OAC 340:110-3-

284.2(c) and (d).

(i) Rest time. Programs are exempt from providing rest time for 1-year-olds through 4-

year-olds per OAC 340:110-3-296(c). However, when the program provides rest time or

a child needs to rest, the rest time requirements apply.

(j) Parent provided meals and snacks. Programs are exempt from the additional

serving requirements per OAC 340:110-3-298(c).

(k) Food service area hand washing sink. When the program is licensed in a facility

that was originally designed as a family residence, the separate hand washing sink for

the food service area per OAC 340:110-3-300(n) may be located in a restroom on the

same floor as the food service area.

(l) Square footage for infants. Programs licensed before January 1, 2016, are exempt

from the increased square footage for infants requirement per OAC 340:110-3-301(b).

(m) Fencing. Programs are exempt from the fencing requirements per OAC 340:110-3-

301(c), when:

Child Care Programs 101 Effective 6-1-2022

(1) care is only provided for 5-year-olds or older who are attending or have completed

kindergarten; and

(2) the area is properly protected from traffic and other hazards.

(n) Open outdoor play area. Programs are exempt from the open area requirement in

the outdoor play area per OAC 340:110-3-301(c).

(o) Impact-absorbing materials. Impact-absorbing materials obtained before January

1, 2016, are exempt from the requirements per OAC 340:110-3-301(c).

(p) Rest equipment and bedding. Programs are exempt from the two-inch mat

requirements per OAC 340:110-3-302(b). However, the mats are at least one inch thick.

Program policy may require parents provide for their 1-year-olds and older, rest

equipment, and bedding that meets the requirements.

(q) Play equipment. Programs are exempt from the play equipment type and quantity

requirements per OAC 340:110-3-302(a). However, programs have a variety of

accessible, age-appropriate play equipment in quantities proportionate to the licensed

capacity and number of children in each group per OAC 340:110-3-289(f) and (g).

Programs are required to meet the basic equipment requirements per OAC 340

Appendix MM – Equipment.

Child Care Programs 102 Effective 6-1-2022

340:110-3-311. Addendum requirements for programs for sick children

(a) Programs for sick children Programs for sick children serve children with illnesses

or symptoms that:

(1) prevent them from comfortable participation in activities in a program caring for

well children; and

(2) require more care than personnel in a program caring for well children can provide

without compromising the health and safety of other children in care.

(b) Common requirements. Programs are required to meet the common requirements

in Oklahoma Administrative Code (OAC) 340:110-3-275 through 340:110-3-305, unless

the addendum requirements in this Section state otherwise.

following meaning unless the context clearly states otherwise:

(1) "Health professional" means a registered nurse, pediatric nurse practitioner,

physician's assistant, or physician with at least one year of pediatric or public health

experience.

(2) "Level I program":

(A) means a component of a regular child care center licensed to care for no more

than eight sick children and serves only mildly ill children; and

(B) does not serve children with illnesses or symptoms that meet the criteria for

exclusion in a Level I program as defined in OAC 340 Appendix JJ, Exclusion

Criteria for Children Who Are Ill.

(3) "Level II program" means a:

(A) program licensed to care for nine or more sick children;

(B) program licensed to provide child care only for sick children; or

moderately ill children.

(4) "Mildly ill" means children with mild symptoms of an episodic minor childhood

illness who do not present a risk of serious infection to other children. Mildly ill children

show interest and involvement in program activities and are able to participate.

(5) "Moderately ill" means children with symptoms of an episodic illness preventing

them from being cared for in a program serving only well or mildly ill children due to

the risk for contagion and the need for increased care. Moderately ill children display

more severe symptoms than mildly ill children.

(d) Inclusion and exclusion criteria. A program for sick children may serve any child

who exhibits symptoms or illnesses for which they are excluded from a program caring

for well children unless prohibited by the exclusion criteria specified in OAC 340 Appendix

JJ - Exclusion Criteria For Children Who Are Ill.

(e) Admission criteria. The guidelines for admission in a center for sick children are

described in (1) and (2) of this subsection. A provider is not obligated to admit a child if

the provider does not have adequate information about the child's condition or diagnosis

to determine whether he or she can be safely included in the program.

(1) For Level I programs a written physical assessment of the child is conducted by

the director or designated caregiver to determine the appropriateness of the child's

attendance that day or the need for a medical evaluation prior to admission. The

assessment includes:

(A) any pertinent information from parents or authorized adults relevant to the

child's condition and symptoms; and

Child Care Programs 103 Effective 6-1-2022

(B) an evaluation of the child's general appearance, including physical

appearance, demeanor, mood and activity level.

(2) For Level II programs a written medical evaluation that includes a diagnosis from

a licensed physician indicating a child is eligible for admission is required before a

child can be admitted to a Level II program.

(f) Policy and procedure. The program has written policies and procedures approved

in writing by a licensed physician or by a pediatric nurse practitioner.

(1) In addition to the program policy requirements in OAC 340:110-3-278(d), the

program policy must also include:

(A) the criteria for admission in the program;

(B) intake and admission procedures;

condition of children;

(D) plans for personnel training and communication with parents and health care

providers; and

(E) procedures for injury prevention and infection control.

(2) A health professional provides ongoing consultation to the program in its overall

operation and the management of illness for individual children.

(g) Personnel qualifications. In addition to the general personnel requirements per

OAC 340:110-3-284 personnel caring for sick children are required to have completed:

(1) at least one year of satisfactory full-time experience in a child care setting; or

(2) a minimum of 20 documented clock-hours of professional development in child

development, early childhood education, or a closely related subject.

(h) Personnel training. The professional development requirements for personnel

caring for sick children are contained in (1) through (4) of this subsection.

(1) Personnel caring for sick children have cardio-pulmonary resuscitation (CPR) and

first aid certification per OAC 340:110-3-284(d).

(2) Prior to working with sick children, personnel must complete the Licensing

approved training for the care of sick children conducted by a health professional. The

training includes:

(A) policy and procedures relating to the care of sick children;

(B) recognizing signs and symptoms of illness;

(D) when and how to call for medical help;

(E) taking children's temperatures;

(F) infection control procedures including hand washing, handling contaminated

items, use of disinfectants, and food handling;

(G) communicating with parents concerning a child's illness; and

(H) any other care that may be required for admissible illnesses and conditions.

(3) Personnel caring for sick children must obtain two hours of professional

development annually related to the care of sick children and the prevention and

control of communicable disease.

(4) All professional development required for personnel who care for sick children

counts toward the annual training required for all personnel listed per OAC 340:110-

3-284(d).

(i) Indoors. In addition programs meet the requirements listed in (1) through (7) of this

subsection.

Child Care Programs 104 Effective 6-1-2022

(1) Toilets are in a restroom that is adjacent to or opens directly into each room used

to care for sick children.

(2) Sinks for hand washing are located in each room used for the care of sick children,

or in a restroom that opens directly into the room.

(3) The use of potty chairs is prohibited.

(4) Rest equipment is available and accessible for use by children throughout the day

and is placed three feet apart when in use.

(5) Mats may not be used as rest equipment.

(6) The use of carpet is prohibited; however, rugs may be used when they are washed

daily.

(7) In Level I programs:

(A) rooms used for the care of sick children are separated from other components

of the program by floor to ceiling walls; and

(B) rooms, fixtures, furniture, equipment, and supplies used by sick children are

not used by personnel or children from any other component of the program when

sick children are in care.

(j) Outdoor play areas. Programs are exempt from the outdoor play area requirements

per OAC 340:110-3-301(c). However, when outdoor play areas are provided:

(1) all outdoor play area requirements are met; and

(2) when the same area is shared by well and sick children it is used at separate times.

(k) Health. In addition to the health requirements per OAC 340:110-3-294, programs:

(1) require personnel to monitor and record the condition of each child throughout the

day. The monitoring includes:

(A) temperature taking;

(B) amount of fluid and food intake;

(D) medication administered; and

(E) sleeping patterns and general behavior;

(2) notify parents immediately of any significant change in a child's condition; and

(3) take additional precautions to prevent the spread of disease, including:

(A) cleaning and disinfecting floors, basic and play equipment and furniture daily

or more often when necessary, or before use by another group of children;

(B) providing liquid soap from mounted dispensers for hand washing;

disposal;

(D) providing play equipment that is non-porous and easily washable; and

(E) prohibiting personnel and children who begin the day in the area serving sick

children to transfer to any other part of the facility during that day.

(l) Food and nutrition. In addition to the nutrition and food service requirements per

OAC 340:110-3-298 and 340:110-3-299, programs:

(1) modify menus to meet the individual physical condition of each child in care;

(2) prohibit personnel involved with food preparation or service from changing diapers

or assisting children with toileting;

(3) use only single-use and disposable eating and drinking utensils. Infant bottles and

spill-proof cups may be used when they are sent home daily;

(4) prohibit the use of drinking fountains; and

(5) require personnel to frequently offer drinking water and other fluids to each child.

Child Care Programs 105 Effective 6-1-2022

(m) Additional requirements for Level II programs. In addition to the requirements in

this Section, Level II programs meet the requirements listed in (1) through (7) of this

subsection.

(1) A physical assessment of each child is conducted by a health professional as the

child is admitted to the program.

(2) A health professional or licensed practical nurse (LPN) with immediate, direct

access to a health professional remains on-site at all times when sick children are in

care.

(3) The LPN may not make the determination whether to admit a child into the

program. The LPN may provide care and collect clinical information, and must report

to the health professional.

(4) Children are cared for in separate rooms unless grouped with other children

diagnosed with the same illness.

(5) Separate outside ventilation is required when care is provided for children

diagnosed with:

(A) measles;

(B) diphtheria, until five days of the appropriate antibiotic therapy, that is to be

given a total of 14 days;

(D) tuberculosis; or

(E) chicken pox.

(6) In a Level II program that is a component of a program caring for well children:

(A) rooms are separated from other components of the facility by floor to ceiling

walls; and

(B) rooms, furniture, equipment, and supplies used by sick children are not used

by children or personnel from other components of the facility.

(7) A separate entrance is required for sick children.

Child Care Programs 106 Effective 6-1-2022

APPENDIX EE. OKLAHOMA DIRECTOR’S CREDENTIAL

Level

General

Education

Early Childhood

Education (ECE)

Child Development

(CD)

School-Age (SA)

Knowledge and

Skills

Administration

(admin)

Management (mgt)

Knowledge and

Skills

Experience

Annual

Renewal

Clock-

Hours

Platinum

PhD, EdD

MS, MA

BS, BA

15 ECE/CD/SA credit

hours

9 admin/mgt credit

hours

3 months

30 hours

job

training

Gold

AA, AS, AAS

12 ECE/CD/SA credit

hours

6 admin/mgt credit

hours

-or-

Directors’ Leadership

Academy I & II

6 months

30 hours

job

training

Silver

3 credit hours

in English

Composition I

Certificate of

Mastery

-or-

9 ECE/CD/SA credit

hours

-or-

CDA/CCP

6 admin/mgt credit

hours

-or-

Directors’ Leadership

Academy I & II

-or-

Director’s Certificate

of Completion

-or-

Pathway Director

Training

9 months

30 hours

job

training

Copper

Effective

11/1/16

BS, BA

or any

advanced degree

beyond

bachelors level

Not required

months

30 hours

job

training

Bronze

High School

Diploma

-or-

GED

6 ECE/CD/SA credit

hours

-or-

CDA/CCP

-or-

Oklahoma

Competency

Certificate in ECE

3 admin/mgt credit

hours

-or-

approved admin/mgt

credential

-or-

40 admin/mgt

clock-hours

months

20 hours

job

training

Child Care Programs 107 Effective 6-1-2022

Footnotes

1. Doctoral Degree of Philosophy, Doctoral Degree of Education.

2. Master Degree of Science, Master Degree of Art.

3. Bachelor Degree of Science, Bachelor Degree of Art.

4. Approved college credit hours must be on the Recommended Approved

Coursework List (www.cecpd.org) and articulate to a two- or four-year college

or university.

5. Qualifying experience must be as a teacher, master teacher, family child care

home primary caregiver, assistant director, or director in a licensed child care

setting (30 hours per week).

6. No more than 6-clock hours of informal professional development is

counted toward annual renewal hours. Training in the core content areas

identified in "Oklahoma Core Competencies for Early Childhood Practitioners":

1) child growth and development; 2) health, safety and nutrition; 3) child

observation and assessment; 4) family and community partnerships; 5) learning

environments and curriculum; 6) interactions with children; 7) program planning,

development and evaluation; and/or 8) professionalism and leadership.

NOTE: Entry Level Child Care Training (ELCCT) cannot be used to meet level

or renewal criteria.

7. Associate in Arts, Associate in Science, Associate in Applied Science.

8. Directors’ Leadership Academy is available through the Center for Early

Childhood Professional Development (www.cecpd.org).

9. The Certificate of Mastery in child development or early childhood education is a

minimum 18-credit hour certificate awarded by an Oklahoma community college.

10. Current Child Development Associate (CDA) or Certified Childcare Professional

(CCP) credential.

11. Certificate of Completion for directors and assistant directors is issued by the

Scholars for Excellence in Child Care (www.okhighered.org/scholars/).

12. Early Care and Education: Director’s Pathway to Program Administration is

available through Oklahoma Career Technology Centers

(www.okhighered.org/scholars/career-tech.shtml).

13. Master Teacher or Director Competency Certificate only awarded by Oklahoma

Department of Career Technology.

14. Approved administration/management credential, such as the National

Administrator Credential (NAC).

15. Training approved through the Oklahoma Professional Development Registry,

with at least 10-clock hours in any three management core knowledge areas:

Educational Programming & Family Support; Personnel & Professional Self-

Awareness; Staff Management & Human Relations; Leadership & Advocacy;

Program Operation & Facilities Management; Legal Management; or Fiscal

Management.

NOTE: Completion of Director’s Entry Level Training (DELT) course meets 20-clock

hours of this requirement. Informal professional development is not counted toward

meeting this requirement.

Child Care Programs 108 Effective 6-1-2022

APPENDIX FF. OKLAHOMA PROFESSIONAL DEVELOPMENT LADDER

Level

Level Requirements

Annual

Renewal

Clock

Hours

BA/BS

1, 2

or above in Early Childhood Education (ECE)/

Child Development (CD)/School-Age (SA)

–or–

BA/BS in another field (BA/BS-non) with 24 ECE/CD/SA credit

hours

20 hours

90 credit hours with 18 ECE/CD/SA credit hours

–or–

BA/BS-non with 18 ECE/CD/SA credit hours

20 hours

AA/AS

2,4

in ECE/CD/SA

–or–

BA/BS-non with 15 ECE/CD/SA credit hours

20 hours

AA/AS-non with 15 ECE/CD/SA credit hours

–or–

60 credit hours with 15 ECE/CD/SA credit hours

–or–

BA/BS-non with 6 ECE/CD/SA credit hours

20 hours

30 credit hours with 15 ECE/CD/SA credit hours

20 hours

Oklahoma Certificate of Mastery (ECE/CD)

–or–

Tulsa Community College School-Age Certificate of Mastery

20 hours

Current Child Development Associate (CDA) or

Certified Childcare Professional (CCP) Credential

–or–

12 credit hours

in ECE/CD/SA

20 hours

Oklahoma Competency Certificate

(Career Tech Master Teacher or Career Tech Director ONLY)

20 hours

6 credit hours

in ECE/CD/SA

20 hours

3 credit hours

in ECE/CD/SA

–or–

60 clock hours of Oklahoma Professional Development Registry

Approved

ECE/CD/SA training in the past 5 years

20 hours

12 clock hours of ECE/CD/SA training

in the past 12 months

12 hours

Child Care Programs 109 Effective 6-1-2022

Footnotes

1. Bachelor Degree of Arts, Bachelor Degree of Science.

2. College credit hours must be on the Recommended Approved Coursework List

(www.cecpd.org) and articulate to a two- or four-year college or university.

3. No more than 6 hours of informal professional development are counted toward

both initial and renewal hours. Training in the core content areas identified in

"Oklahoma Core Competencies for Early Childhood Practitioners." 1) child growth

and development; 2) health, safety and nutrition; 3) child observation and assessment;

4) family and community partnerships; 5) learning environments and curriculum; 6)

interactions with children; 7) program planning, development and evaluation; and/or

8) professionalism and leadership.

4. Associate Degree of Arts, Associate Degree of Science.

5. The Certificate of Mastery in child development or early childhood education is a

minimum 18 credit hour certificate awarded by an Oklahoma community college.

6. Master Teacher or Director Competency Certificate only awarded by Oklahoma

Department of Career Technology.

7. Training approved through the Oklahoma Professional Development Registry (OPDR)

(www.cecpd.org). All OPDR approved training is tied to the "Oklahoma Core

Competencies for Early Childhood Practitioners."

NOTE: Informal professional development is not counted toward meeting this

requirement.

Entry Level Child Care Training (ELCCT), Family Child Care Home Entry Level

Training (FHELT), Director's Entry Level Training (DELT), and Out-of-School Time

Entry Level Training (OST-ELT) can only be counted one time toward renewal hours.

Child Care Programs 110 Effective 6-1-2022

APPENDIX GG. RATIOS AND GROUP SIZES

Programs may have single-age groups, mixed-age groups, or both. Ratios and maximum

group sizes are determined by the actual ages of the children in the group and the type

of program license per Oklahoma Administrative Code 340:110-3-275.

Day Camps

Children in Group

Ratios

Maximum Group Sizes

5-year-olds and older

1:15

The number of children in an activity is limited to

facilitate:

 teaching personnel and child interactions; and

 safe, constructive participation by the children.

Out-of-School Time Programs

The age of the youngest child in a mixed-age group determines the ratio and group size.

Youngest Child In Group

Ratios

Maximum Group Sizes

3-year-olds

1:12

4-year-olds

1:15

5-year-olds

(and older groups)

1:20

The number of children in an activity is limited to

facilitate:

 teaching personnel and child interactions; and

 safe, constructive participation by the children.

Programs for Sick Children

The age of the youngest child in a mixed-age group determines the ratio and group size.

Youngest Child In Group

Ratios

Maximum Group Sizes

Infants

1:3

1-year-olds

1:3

2-year-olds

1:4

3-year-olds

1:4

4-year-olds

1:4

5-year-olds

1:4

6-year-olds

(and older groups)

1:6

Child Care Programs 111 Effective 6-1-2022

Child Care Centers, Drop-In Programs, and Part-Day Programs

Single-Age Group Chart

Use when the:

 group of children are the same ages

 Mixed-Age Group Exception* applies.

Ratios

Maximum

Group

Size

Infants

1:4

1-year-olds

1:6

2-year-olds

1:8

3-year-olds

1:12

4-year-olds

1:15

5-year-olds

(and older single-age groups)

1:20

Child Care Programs 112 Effective 6-1-2022

Child Care Centers, Drop-In Programs, and Part-Day Programs (continued)

Mixed-Age Group Chart

Use when the group of children are

different ages, unless the Mixed-Age

Group Exception* applies.

Ratios

Maximum

Group

Size

Infants, 1-year-olds, and 2-year-olds

only

1:6

No more than two infants

per teaching personnel

Infants and older

1:8

No more than two under

2 years of age

per teaching personnel

1-year-olds and older

1:8

No more than two 1-year-olds

per teaching personnel

2-year-olds and older

1:12

No more than four 2-year-olds

per teaching personnel

3-year-olds and older

1:15

No more than six 3-year-olds

per teaching personnel

4-year-olds and older

1:18

No more than eight 4-year-olds

per teaching personnel

5-year-olds and older

(and older mixed-age groups)

1:20

*Mixed-Age Group Exception. If a mixed-age group of children is understaffed or over group

size according to the Mixed-Age Group Chart, refer to the Single-Age Group Chart to determine

if the mixed-age group may be in compliance. In this situation, the age of the youngest child

in the mixed-age group determines the ratio and group size used in the Single-Age Group

Chart. The children may remain in their mixed-age group even when following the Single-Age

Group Chart.

Child Care Programs 113 Effective 6-1-2022

Swimming and Wading Ratios

These ratios are maintained when the children are swimming, wading, or both. However, these

ratios do not apply when the children are participating in swimming lessons with a certified

instructor. The age of the youngest child in a mixed-age group determines the ratio.

Youngest Child In Group

Ratio

Infants

1:1

1-year-olds

1:1

2-year-olds

1:2

3-year-olds

1:6

4-year-olds

1:7

5-year-olds

1:7

6-year-olds

(and older groups)

1:10

Shoreline Ratios

5-year-olds and older may participate in shoreline activities provided the swimming and

wading ratios are maintained.

Child Care Programs 114 Effective 6-1-2022

APPENDIX HH. HAND HYGIENE

Personnel

Child

ren

* When running water is not available off-site:

(1) remove soiling with moist towelette; and

(2) apply hand sanitizer.

Hand Wash*

Hand Wash

or Hand Sanitize

Visibly Dirty Hands

When hands are visibly dirty

Activities

Before and after playing in water used by more than one person

After participating in outdoor or sand activities

Animals

After handling or feeding animals

After being present in animal areas, such as a field trip to a farm

After cleaning up animal waste or habitats

Body Fluids

After touching body fluids, including when gloves are worn, except when:

sneezing or coughing into own hand or facial tissue

blowing or wiping own nose or child's nose

After cleaning up body fluids

Medication

Before administering medication, including topical medications

Diapering and Toileting

After each diaper change

After assisting a child with using the toilet

After using the toilet

Food

Before preparing, serving, or handling food

Before feeding children, including bottle feeding

Before eating

Food Service

Before preparing or handling food and:

during the process as often as necessary to keep hands clean

when changing foods

after handling raw food products

after eating or drinking while preparing food

Cleanliness and Sanitation

After handling trash, cleaning, or sanitizing

Child Care Programs 115 Effective 6-1-2022

APPENDIX II. IMMUNIZATIONS

Law

The Oklahoma Child Care Facilities Licensing Act, Section 411 of Title 10 of the Oklahoma

Statutes (10 O.S. § 411) mandates children attending child care obtain, at the medically

appropriate time, the Required Immunization Schedule vaccines.

Law Exemptions

Exemptions from the law are allowed for medical, religious, and personal reasons. Summaries

are below, including procedures for obtaining exemptions and exclusions.

Medical. For exemptions based on medical reasons, Oklahoma State Department of

Health (OSDH) Form ODH 216A, Certificate of Exemption, must be signed by a licensed

physician and state the child's physical condition is such that a particular immunization

would endanger the child's life or health. The parent is responsible for obtaining the

signature of the licensed physician.

Religious. For exemptions based on religious reasons, an ODH 216A must be signed by

a parent or religious leader or a written statement signed by a parent or religious leader may

be attached to the Certificate of Exemption.

Personal. For exemptions based on personal beliefs, an ODH 216A must be signed by a

parent and include a brief written statement summarizing his or her objections to

immunizations.

Exemption Procedures. Programs willing to enroll an unimmunized child based on an

exemption obtain Form ODH 216A from the OSDH Immunization Service, at Vaccines for

School (oklahoma.gov). Parents complete the form, obtain the required signatures, and

return it to the program. Programs review the form for proper completion and signatures,

maintain a copy in place of an immunization record, and submit a copy to the OSDH

Immunization Service for approval.

Exclusion of exempt children during outbreaks. If there is an outbreak of a vaccine-

preventable disease, programs may be required to exclude unimmunized children based

on exemptions or family emergencies. The exclusion may be a lengthy period of time. The

Commissioner of Health makes this decision and the program would be contacted by a

representative of OSDH. The program is responsible for informing the parent of this

possibility at the time the Certificate of Exemption is accepted by the program.

Thirty-day exemptions. A program may allow a child to enter and remain for up to 30-

calendar days, without an immunization record. In addition, the Federal Child Care and

Development Fund requires a 30-calendar day exemption to provide immunization records

for foster children and homeless families. The record must be provided at the earliest

possible opportunity. If at the end of 30-calendar days an up-to-date record has not been

provided, the program must exclude the child. No child may receive this waiver more than

once.

Child Care Programs 116 Effective 6-1-2022

Required Immunization Schedule

Due Immunizations are due according to this Required Immunization Schedule,

unless there are late dose revisions (see next page).

Dose due that month. Dose due at the end of the age range, but

may be given anytime during the age range.

E = Late Dose Exceptions (see next page)

Past Due Immunizations are past due the month following the age due.

Birth

Mos.

***

4 – 6

Years

Hep B

DTaP

Hib*

IPV

MMR

Varicella**

PCV

Hep A***

* Hib may be complete with three or four doses depending on the vaccine brand used

** Varicella vaccine is not required, if a parent or treating medical physician statement

states the child had Chickenpox

*** Hep A dose 2 is due six to 18 months after dose one

Refer to the OSDH website for the immunization schedule for children seven years of age and

older, who need to catch-up or start immunizations.

Child Care Programs 117 Effective 6-1-2022

Late Doses = Revised Due Dates

When a dose is received late, the remaining doses may have a different due date than

shown on the Required Immunization Schedule.

All remaining doses are due one to two months after the previous dose, unless:

 the schedule allows more time; or

 if one of these exceptions (E) apply.

DTaP dose 4 is due six to 12 months after dose three

Hep A dose 2 is due six to 18 months after dose one

Late Doses = Revised Number of Doses

When a dose is received late, usually the same number of doses is required. However,

fewer doses may be required once a child reaches a certain age if one of these exceptions

(E) applies.

Hib

o If one dose is given at 15 months of age or older, regardless of the number of

previous doses received, no more doses are required.

o If a child is 5 years of age or older, no doses are required.

PCV

o If two doses are given at 12 months of age or older, regardless of the number

of previous doses received, no more doses are required.

o If one dose is given at 24 months of age or older, regardless of previous doses

received, no more doses are required.

o If a child is 5 years of age or older, no doses are required.

Vaccine Names and Combination Vaccines

Use this chart to determine what vaccines have been received. Combination vaccines

have two or more vaccines in one shot.

Vaccine

Disease

Vaccine Brand Names and Abbreviations

Hep B

Hepatitis B

Comvax, HBV, Hep B Pediatric, Engerix-B,

Pediarix, Recombivax, Vaxelis

DTaP

Diphtheria, Tetanus, & Pertussis

(Whooping Cough)

Daptacel, DT, DTP, Infanrix, Kinrix, Pediarix,

Pentacel, TriHIBit, Vaxelis

Hib

Haemophilus Influenzae Type B

ActHIB (PRP-T), Comvax, HbCV, HbOC, Hib

conjugate, Hiberix, Pedvax HIB (PRP-OMP),

Pentacel, TriHIBit, Vaxelis

IPV

Polio

Kinrix, OPV, Pediarix, Pentacel, Vaxelis

MMR

Measles, Mumps, & Rubella

M-M-R II, MMRV, ProQuad

Varicella

Chickenpox

MMRV, ProQuad, VAR, Varivax

PCV

Pneumococcal

PCV 7 or 13, Pneumococcal Conjugate,

Prevnar

Hep A

Hepatitis A

HAV, Havrix, Vaqta

Child Care Programs 118 Effective 6-1-2022

APPENDIX JJ. EXCLUSION CRITERIA FOR CHILDREN WHO ARE ILL

All programs

Children diagnosed with these illnesses are excluded from all programs, including

programs serving children who are ill.

1. Aseptic meningitis

2. Bacterial meningitis

3. E. coli 0157:H7, until diarrhea resolves and two stool cultures are negative

4. Untreated scabies

5. All reportable contagious diseases, until the period of communicability has elapsed

as determined by a licensed physician or health department official

Programs serving only children who are well

Children with these illness symptoms are excluded from a program caring for only well

children.

1. Fever, defined as axillary (armpit) temperature of 100 degrees or higher, or oral

temperature of 101 degrees or higher, with another sign or symptom of illness

2. Diarrhea, defined as runny or watery stools with increased frequency of loose

stools

3. Vomiting two or more times in a 24-hour period

4. Undiagnosed body rash or pox, except diaper rash, with fever

5. Draining skin wounds that cannot be kept completely covered by a bandage

6. Sore throat with fever and swollen glands

7. Eye discharge, defined as thick mucus or pus draining from the eye or

Conjunctivitis (pink eye) without evidence of allergic reaction

8. Yellowish skin or eyes

9. Severe and/or persistent coughing, where a child gets red or blue in the face,

makes a high-pitched whooping sound after coughing, or coughs to the point of

vomiting

10. Appears to be severely ill from an unexplained cause, such as extreme lethargy,

irritability, persistent crying, difficulty breathing, or any other unusual signs

Programs serving children who are ill

Children with these illness symptoms or illnesses are excluded from Level I programs.

However, the children may be cared for in a Level II program when guidelines for

separation and outside ventilation are followed.

1. Diarrhea and vomiting:

 diarrhea, stools, or vomiting that:

o contain blood or mucus; or

o are accompanied by lethargy or signs of dehydration, such as no tears,

dry mouth, fewer wet diapers, or decreased urination

 diarrhea diagnosed as Giardia until asymptomatic (no diarrhea)

 vomiting two or more times in the previous 24 hours

 salmonella, until two negative stool cultures

 shigella, until two negative stool cultures

Child Care Programs 119 Effective 6-1-2022

2. Respiratory conditions:

 asthmatic child with respiratory distress uncontrolled by current medication

 difficult, rapid breathing or wheezing

 respiratory conditions, when the primary symptom is coughing accompanied by

repeated vomiting

 diphtheria, until five days of the appropriate antibiotic therapy that is to be given

a total of 14 days

 pertussis, until five days after treatment with antibiotics

 streptococcal pharyngitis, until child has been on treatment for 24 hours

 tuberculosis, until the child's physician or the local health department states the

child is not infectious

3. Rash illnesses:

 undiagnosed rash, except diaper rash

 varicella (chicken pox), until sixth day after onset of rash or sooner if all

lesions have dried and crusted, unless cared for only with other children

diagnosed with chicken pox

 measles, until six days after onset of rash

 rash accompanied by fever or behavioral change

 rubella, until seven days after onset of rash

 roseola

4. Skin conditions:

 impetigo, until 24 hours after treatment started

 ringworm, until treatment started

5. Miscellaneous:

 conjunctivitis (pink eye), readmit with physician's statement or 24 hours after

treatment initiated, unless cared for only with other children who have

conjunctivitis

 hepatitis A, until one week after onset of illness

 mouth sores with drooling

 mumps, until nine days after onset of parotid gland swelling

 pinworms, until treatment started

 post-operative convalescent care

Child Care Programs 120 Effective 6-1-2022

APPENDIX KK. DIAPER CHANGING PROCEDURES

Never leave a child unattended

a. Organize supplies in diaper changing area

1. In reach of personnel but out of reach of all children

2. When using disposable covers, place on non-porous surface

3. When using disposable non-latex gloves, put them on

b. Place child on non-porous surface

1. Remove any wet or soiled clothing and place them out of the reach of all children

c. Clean the child

1. Unfasten diaper but leave it under child

2. When using pins, remove and close each pin and place them out of reach of all

children

3. Gently clean child’s genitalia and buttocks from front to back using disposable

diaper wipes

4. Clean off visible soiling on non-porous surface with disposable diaper wipes or

fold disposable cover so clean cover is under the child's buttocks

d. Remove wet or soiled items from non-porous surface

1. Avoid contaminating additional items

2. Discard* disposable items

3. Put wet or soiled cloth diapers and clothes in sealed, labeled, moisture-proof bag

for parents, without rinsing

4. When using gloves, remove and discard*

e. Wipe your hands

1. Use a disposable diaper wipe to clean personnel’s hands and discard*, except

when gloves were used

f. Put on clean diaper

1. When using diaper cream, apply now

2. When using pins, place your hand between child and diaper when inserting pin

g. Wash child's hands and return child to supervised area

h. Clean and disinfect diaper changing-area and supplies

1. Clean off visible soiling using diaper wipes and discard*

2. Disinfect using approved disinfectant according to manufacturer’s instructions

i. Wash your hands

j. Document diaper change

*Discard disposable items in trash container with tight fitting lid

Child Care Programs 121 Effective 6-1-2022

APPENDIX MM. EQUIPMENT

Required play equipment is within reach of the children and is available for use.

Homemade and non-commercial made equipment may be counted, provided the equipment

meets the requirements and is not a risk to children.

Outdoor Equipment

At least one item from five different categories is required, with no more than two of those

items from (h) through (k).

(a) Climbing apparatus;

(b) Swinging apparatus;

(d) Balance apparatus;

(e) Wheeled or riding toys;

(f) Balls, bean bags, Frisbees, flying discs;

(g) Sand and water play with accessories;

(h) Music equipment; (utilized for outdoor use only.)

(i) Dramatic play and dress up; (utilized for outdoor use only.)

(j) Blocks or other building materials; and (utilized for outdoor use only.)

(k) Outdoor arts and crafts. (utilized for outdoor use only.)

Indoor Equipment

The required number of items is based on the licensed capacity and is proportionate to

the number of children in each single-age or mixed-age group classroom.

 Play equipment:

o is counted only one time. For example:

 items counted for one classroom are not counted for another, although play

equipment may be rotated between classrooms to maintain interest; and

 an item may meet several developmental needs and potentially be counted

in several categories; however, the item only counts in one category;

o is varied; and

o included in this appendix are varying examples only. Play equipment that meets

the developmental intent of the category may be counted, though not listed. The

examples are designed to offer a range of options that are age appropriate,

diverse, and may be made, purchased, or donated.

 Manipulatives are play equipment that allow children to practice fine motor and

problem solving skills and learn number sense, such as sorting, patterning, and

ordering. Manipulative items include lacing beads, peg boards, pattern blocks, and

interlocking materials.

Child Care Programs 122 Effective 6-1-2022

Basic Equipment: Infants

(a) crib or play yard, one per child;

(b) mattress sheet, one per child;

(d) diaper changing area;

(e) adequate supply of:

(1) facial tissues, wash cloths, and bath towels;

(2) diapers and disposable wipes;

(3) moisture-proof bags for wet or soiled cloth diapers or clothing; and

(4) clothing in various sizes in case of accidents; and

(f) adequate size trash container with tight-fitting lid for wet or soiled disposable items;

(g) separate, individual space for personal belongings;

(h) adult-height shelf;

(i) adult-size chair, one per teaching personnel; and

(j) audio player.

Play Equipment: Infants

Number of infants in the classroom

Motor Play

Gross motor: set of large, soft, modular blocks (four

minimum); crawl through space; pull-up apparatus; Johnny

Jump Up; swing; small rocking toy; support pillows for sitting

up; Exersaucer; activity gym or mat

Fine motor: nesting and stacking toys; items to empty and fill,

push and pull; small vehicles; knobbed puzzle; infant blocks;

washable dolls; balls of various sizes; plastic or rubber animals;

large infant crayons with large sheets of paper

Exploratory Play

Things to hear: rattle; musical toy; squeaky toy; wind chimes;

wrist or ankle bells; wooden spoon and pan

Things to see: black and white pictures (newborns); mobiles;

murals; colorful, single-object pictures; colorful fabric or

banners; brightly colored sensory bottles

Shatterproof mirror

Things to touch: soft, washable toys and dolls; handkerchiefs;

small dishpans or trays for water play; tactile toys and balls;

textured items or fabric

Creative Play

Music: CDs, tapes, or equivalent

Language Play

Child items: washable fabric, cardboard and vinyl picture

books; books that reflect the ethnicities of children and families

Teacher and child interaction items: picture books with large,

single object pictures, simple story lines and repetitive phrases to

be read by the teacher; photos of the child and his or her family;

puppets

Child Care Programs 123 Effective 6-1-2022

Basic Equipment: 1-year-olds

(a) crib, play yard, mat or cot, one per child;

(b) sheet and cover, one of each per child;

(d) diaper changing area;

(e) adequate supply of:

(1) facial tissues, wash cloths, and bath towels;

(2) diapers and disposable wipes;

(3) moisture-proof bags for wet or soiled cloth diapers or clothing; and

(4) clothing in various sizes in case of accidents; and

(f) adequate size trash container with tight-fitting lid for wet or soiled disposable items;

(g) separate, individual space for personal belongings;

(h) adult-height shelf;

(i) highchair or table space with a chair, one per child;

(j) baskets or low, open shelves for play equipment storage; and

(k) audio player.

Play Equipment: 1-year-olds

Number of 1-year-olds in the classroom

1-2

3-4

8-9

10-11

Motor Play

Gross motor: set of large plastic or cardboard building

blocks (12 minimum); interlocking panels; two-step slide;

indoor riding toy without pedals; rocking toy; Sit N Spin;

scarves, ribbons, or fabric for dancing

Large push and pull items- shopping cart, lawn mower,

vacuum cleaner, doll stroller, wagon

Fine motor: nesting, stacking, and interlocking toys;

cause and effect toys - tops, jack-in-the box; knobbed

puzzles; toddler blocks; pounding toys; giant peg

boards; waffle blocks; pop beads; large stringing beads;

shape sorter

Small rubber or plastic animals

Balls of various sizes

Small cars, trucks, boats, trains, people

Exploratory Play

Things to hear: rhythm instruments - shakers, drums,

xylophones; interactive toys with sound

Things to see: mobiles; colorful, single-object pictures;

banners; colorful pieces of fabric; brightly colored

sensory bottles; windsock

Things to touch: textured surfaces; dishpans or water

table with accessories; tactile toys and boxes; play

dough; nature items - pinecones, shells, rocks

Child Care Programs 124 Effective 6-1-2022

Number of 1-year-olds in the classroom

1-2

3-4

8-9

10-11

Creative Play

Music: CDs, tapes, or equivalent

Art: toddler crayons, non-toxic paint and finger paint; large

sheets of paper; glue sticks or flour and water mixture

Dramatic Play

Animals and dolls: (soft and washable)

Everyday items used by the child and his or her

family: pillows and blankets, dishes and utensils, pots

and pans, purses, keys, pair of shoes, hats, tools, brief

cases, phones

Shatterproof mirror

Language Play

Child items: washable fabric, cardboard, and vinyl

picture books; books that reflect the ethnicities of

children and their family

Teacher and child interaction items: picture books

with large, uncluttered pictures, simple story lines, and

repetitive phrases to be read by the teacher; photos of

the child and his or her family

Puppets

Child Care Programs 125 Effective 6-1-2022

Basic Equipment: 2-year-olds

(a) mat, cot, or bed, one per child;

(b) sheet and cover, one of each per child;

(d) adequate supply of:

(1) facial tissue, wash cloths, and bath towels;

(2) diapers and disposable wipes;

(3) moisture-proof bags for wet or soiled cloth diapers or clothing; and

(4) clothing in various sizes in case of accidents; and

(e) adequate size trash container with tight-fitting lid for wet or soiled disposable items;

(f) separate, individual space for personal belongings;

(g) table space with a chair, one per child;

(h) baskets or low, open shelves for play equipment storage;

(i) a designated place to go for quiet time; and

(j) audio player.

Play Equipment: 2-year-olds

Number of 2-year-olds in the classroom

1-2

3-4

5-6

7-8

9-10

11-12

13-14

15-16

Motor Play

Gross motor: set of large plastic or cardboard

building blocks; interlocking panels; two-step

slide; rocking toy; indoor climbing apparatus;

large floor push toy; crawl through space - tunnel

or cardboard box; wheel toys with and without

pedals (no more than two of the same item)

Large push and pull items - shopping cart, lawn

mower, vacuum cleaner, wheelbarrow, doll

stroller, wagon

Fine motor: nesting, stacking, and interlocking

toys; cause and effect toys - tops, jack-in-the

box; single object puzzles; toddler blocks;

toddler pounding toys; giant peg boards; waffle

block; pop beads; large stringing beads; Duplo

blocks; shape sorter; simple matching games

Balls of various sizes

Small cars, trucks, trains, planes, boats, people

Small plastic, rubber, or wooden animals

Exploratory Play

Things to touch: texture boards; sensory table

with accessories; tactile toys and boxes; play

dough

Creative Play

Music: CDs, tapes or equivalent

Rhythm instruments - drums, rain sticks, zithers,

shakers, maracas, xylophones, autoharps

Interactive toys with sounds

Child Care Programs 126 Effective 6-1-2022

Number of 2-year-olds in the classroom

1-2

3-4

5-6

7-8

9-10

11-12

13-14

15-16

Art: large, blank paper; chubby stumps or toddler

crayons; glue sticks, glue, or flour and water

mixture; non-toxic paints and paint brushes;

rounded scissors

Dramatic Play

Dolls

Dress-up items: clothes such as capes,

aprons, hats, shoes, purses, scarves, ties, suits,

vests, brief cases, uniforms of familiar

community helpers, clothing that reflects the

ethnicities of children and their family

Everyday items used by the child and their

family: sets of pots, pans, dishes; plastic play

foods; empty food containers; kitchen

appliances - stoves, refrigerators, or sinks;

ironing board and iron; set of clean-up toys -

broom, dust pan, vacuum; tool kit; work bench;

lawn and gardening items

Shatterproof mirror

Language Play

Child items: Washable cardboard, cloth, and vinyl

books; teacher-made books; books that reflect the

ethnicities of children and their family

Teacher and child interaction items: picture

books with large, uncluttered pictures, simple

story lines, and repetitive phrases to be read by

the teacher; photos of the child and his or her

family

Puppets; finger puppets

Child Care Programs 127 Effective 6-1-2022

Basic Equipment: 3-year-olds

(a) mat, cot, or bed, one per child;

(b) sheet and cover, one of each per child;

(d) adequate supply of:

(1) facial tissue, wash cloths, and bath towels;

(2) moisture-proof bags for wet or soiled cloth diapers or clothing; and

(3) clothing, in various sizes in case of accidents; and

(e) separate, individual space for personal belongings;

(f) table space with a chair, one per child;

(g) two linear feet of low, open shelves for play equipment storage, per child;

(h) a designated place to go for quiet time; and

(i) audio player.

Play Equipment: 3-year-olds

Number of 3-year-olds in the classroom

1-3

4-6

7-9

10-

13-

16-

19-

22-

Motor Play

Gross motor: building blocks with accessories (20

minimum) - unit blocks, tabletop hardwood blocks,

window pane blocks, hollow wooden blocks, or card

board boxes with planks, crates, or ladders

Rocking boat; interlocking panels; indoor climbing

apparatus; balance beam; crawl-through space or

tunnel; large floor push toy; wheel toys with or without

pedals; creative movement materials - scarves,

ribbons, fabric pieces; Lummi sticks; parachute (no

more than two of the same item)

Exploratory Play

Manipulatives: matching games; lottos; large stringing

beads; pattern blocks; peg boards and pegs; lacing

boards; self-help activities - lacing, buttoning, zipping,

snapping; simple board games; sorting and counting

items

Inlay puzzles: (10-20 pieces)

Interlocking manipulatives set - Legos, Tinker Toys,

Lincoln Logs, bristle blocks, Connectos, magnet

blocks, construction blocks

Small cars, trucks, airplanes, boats, animals, people

Science items: sensory table and accessories;

magnifying glass; bug catcher; prisms; balance scale;

nature items - plants, leaves, rocks; aquarium; light

table and accessories

Child Care Programs 128 Effective 6-1-2022

Number of 3-year-olds in the classroom

1-3

4-6

7-9

10-

13-

16-

19-

22-

Creative Play

Music: CDs, tapes, or equivalent

Rhythm instruments – drums, rain sticks, maracas,

xylophones, zithers, autoharps

Art: large, blank paper; markers, crayons, chalk; glue

or glue sticks; play dough or clay; non-toxic paints

and brushes; textured collage materials - scraps of

ribbon, yarn, buttons; rounded scissors

Easel surface

Dramatic Play

Dolls with accessories: clothes, strollers, high chairs

Dress-up items: clothes such as hats, neckties,

capes, purses, vests, aprons, shoes, suits; uniforms

of community helpers -firefighters, doctors, painters;

clothing that reflects the ethnicities of children and

their family

Everyday items used by children and families: kitchen

appliances - stove, sink, refrigerator, microwave; sets of

dishes and utensils; sets of pots and pans; sets of

clean-up toys - broom, dust pan, mop; doll bed or

cradle; child-size rocking chair; lawn care equipment -

lawn mower, wheelbarrow, gardening tools; prop boxes

designed around themes reflecting a child’s life

experiences- doctor office, barber shop, veterinarian

office, shoe store, donut shop; water play equipment

Shatterproof mirror

Creative play sets with accessories: farm;

playhouse; garage; airport; doll house

Language Play

Child items: Picture books from a variety of genres:

alphabet, counting, informational, look and find,

wordless, folk and fairy tales, nursery rhymes, fantasy

fiction, rhyming stories, realistic fiction; books that

reflect the ethnicities of children and their family

Story telling and retelling items - flannel or magnetic

board with accessories; listening tapes

Puppets; finger puppets; puppet stage; marionettes

Child Care Programs 129 Effective 6-1-2022

Basic Equipment: 4-year-olds and 5-year-olds

(a) mat, cot, or bed, one for each child present during scheduled rest or quiet time or a

child who is ill;

(b) sheet and cover, one of each for each child present during scheduled rest or quiet time or

a child who is ill;

(d) adequate supply of:

(1) facial tissue, wash cloths, and bath towels;

(2) moisture-proof bags for wet or soiled clothing; and

(3) clothing, in various sizes in case of accidents; and

(e) separate, individual space for personal belongings;

(f) table space with a chair, stool, or bench that allows 18 inches per child;

(g) two linear feet of low, open shelves for play equipment storage, per child;

(h) a designated place to go for quiet time; and

(i) audio player.

Play Equipment: 4-year-olds and 5-year-olds

Number of 4-year-olds and 5-year-olds in the

classroom

1-4

5-8

9-11

12-

16-

20-

24-

27-

Motor Play

Gross motor: set of building blocks with accessories

(20 minimum) - unit blocks, tabletop hardwood

blocks, window pane blocks, hollow wooden blocks,

or card board boxes with planks, crates, or ladders

Rocking boat; interlocking panels; indoor climbing

apparatus; balance beam; crawl-through space or

tunnel; large floor push toy; wheel toys with pedals;

creative movement materials - scarves, ribbons,

pieces of fabric; Lummi sticks; parachute (no more

than two of the same item)

Exploratory Play

Manipulatives: matching games; lottos; stringing

beads; pattern blocks; peg boards and pegs;

geoboards; lacing boards; self-help activities - lacing,

buttoning, zipping, snapping; board games; sorting

and counting items

Inlay puzzles: (20-30 pieces)

Interlocking manipulatives set - Legos, Tinker Toys,

Lincoln Logs, bristle blocks, Connectos, magnet

blocks, construction blocks

Small cars, trucks, boats, planes, trains, animals, people

Science items: sensory table and accessories;

magnifying glass; bug catcher; prisms; balance

scale; nature items - plants, leaves, rocks; aquarium;

light table and accessories

Child Care Programs 130 Effective 6-1-2022

Number of 4-year-olds and 5-year-olds in the

classroom

1-4

5-8

9-11

12-

16-

20-

24-

27-

Creative Play

Music: CDs, tapes, or equivalent

Rhythm instruments - drums, rain sticks, maracas,

xylophones, zithers, autoharps

Art: Large, blank paper; markers, crayons, chalk;

glue or glue sticks; play dough or clay; variety of non-

toxic paints and brushes; textured collage materials -

scraps of ribbon, yarn, buttons; rounded scissors

Easel surface

Dramatic Play

Dolls with accessories: clothes, strollers, high

chairs

Dress-up items: such as hats, neckties, capes,

purses, vests, aprons, shoes, suits; uniforms of

community helpers - firefighter, doctor, painter;

clothing that reflects the ethnic dress of children’s

families

Accessories related to occupations - chef’s hat, brief

case, medical kit, gardening tools, tool kit, firefighter

jacket, painter hat

Everyday items used by children and families:

kitchen appliances - stove, sink, refrigerator,

microwave; sets of dishes and utensils; sets of pots

and pans; sets of clean-up toys - broom, mop, dust

pan; doll bed or cradle; child-size rocking chair; water

play equipment; plastic play food; lawn care

equipment - lawn mower, wheelbarrow; prop boxes

designed around themes reflecting a child’s life

experiences - pizza shop, florist, dentist

Shatterproof mirror

Creative play sets with accessories: farm,

playhouse, garage, airport; doll house

Language Play

Child items: picture books from a variety of genres -

alphabet, counting, informational, look and find,

wordless, folk and fairy tales, nursery rhymes,

fantasy fiction, rhyming stories, realistic fiction; books

that reflect the ethnicities of children and their family

104

120

Story telling and retelling items - flannel or magnetic

board with accessories, listening tapes

Puppets; finger puppets; puppet stage; paper dolls

Child Care Programs 131 Effective 6-1-2022

Basic Equipment: 6-year-olds and older

(a) mat, cot, or bed, for each child with a scheduled rest or quiet time or a child who is ill;

(b) sheet and cover, for each child with a scheduled rest or quiet time or a child who is

ill;

(1) facial tissue, wash cloths, and bath towels;

(2) moisture-proof bags for wet or soiled clothing;

(3) clothing, in various sizes in case of accidents; and

(4) feminine hygiene products; and

(d) separate, individual space for personal belongings;

(e) adequate table and chair space available at any given time;

(f) two linear feet of shelf space for play equipment storage;

(g) safe storage for projects and small items;

(h) a designated place to go for quiet time; and

(i) audio player.

Play Equipment: 6-year-olds and older

Number of 6-year-olds and older in the classroom

1-5

6-10

11-

16-

21-

26-

31-

36-

Motor Play

Gross motor: jump ropes; ping pong; Frisbee; hula

hoop; hopscotch; horse shoes; croquet; bean bag

toss; stilts; pool table; foosball; scooters; hippety

hop balls; physically interactive electronic

equipment; aerobic videos; creative movement

materials, scarves, ribbons, fabric pieces, parachute

Sports equipment - soccer ball, football, softball,

t-ball, volleyball, basketball, tether ball, badminton

Exploratory Play

Manipulatives: card games; board games that

include games of chance, strategy, and skill; pick-up

sticks; geoboards; pattern blocks; peg boards;

tangrams; jig saw puzzles (100 pieces or more);

workbench and woodworking tools; dominos

Interlocking manipulative sets (20 pieces minimum

per set) - Legos, Connectos, mini-loc blocks, bristle

blocks, unifix cubes, Rig-A-Jig, Tower-ifics, Lincoln

Logs, Tinker Toys, Constructs, K’nex, Magnatiles,

Erector sets, Marbleworks, Pipeworks

Blocks of various sizes, shapes, colors (20 minimum

per set) unit blocks with accessories; large waffle

blocks; large interlocking blocks

Child Care Programs 132 Effective 6-1-2022

Number of 6-year-olds and older in the classroom

1-5

6-10

11-

16-

21-

26-

31-

36-

Matchbox cars; trucks; trains; emergency vehicles;

programmable robots; model airplanes; ships;

rockets; pinewood racing cars

Science items: magnifying glasses; tornado tubes;

magnets; bug catchers; microscopes; nature items -

ant farms, plants, animals, rocks, shells; aquariums;

chemistry sets; science kits; marble runs; simple

machines - pulleys, pendulums, gears and levers;

computerized robots; motorized Lego creations

Creative Play

Music: CDs, tapes, or equivalent

Art: assortment of paper; crayons, markers, pastels,

charcoal; tempera paint, paint brushes, water

colors, finger paints; collage and mosaic materials;

glue, low-temp hot glue gun; clay; ceramics;

computer graphics program

Crafts: sewing machines and sewing equipment;

needle crafts - crocheting, needle point, knitting,

cross stitching, embroidery, latch hook; leather

tooling; jewelry making; scrapbooking; paper

mache; weaving looms; candle, soap, or perfume

making materials; woodworking; nail art; craft kits

Dramatic Play

Dolls with accessories: action figures; fashion

dolls; paper dolls; doll houses; miniature play

scenes - airport, farm, space station

Dress-up items: clothes such as costumes, and

accessories related to occupations – chef hat, hard

hat, straw hat; capes, neckties, purses, coats, vests,

aprons, wigs, dresses, nurse uniform, tool aprons,

farmer overalls, doctor instruments; costume making

materials - fabric lengths, newspaper, duct tape, bath

towels

Prop boxes for various occupations - doctor,

veterinarian, TV journalist, carpenter; prop boxes for

places of business - restaurant, bakery, nail salon,

auto shop; prop boxes of other familiar places or

events - circus, camping trip; low platform for stage;

lights and curtains; video production studio - digital

video, flip cameras, video production software,

microphones

Shatterproof mirror

Child Care Programs 133 Effective 6-1-2022

*The maximum number of required books is 120 regardless of the number of 6-year-olds

and older.

Number of 6-year-olds and older in the classroom

1-5

6-10

11-

16-

21-

26-

31-

36-

Language Play

Child items: Picture books from a variety of genres

- alphabet, counting, informational, fantasy fiction,

folk tales and legends, fairy tales, rhyming stories,

song story books; chapter books-mystery,

biography, adventure, informational, fiction, folk and

fairy tales, science fiction; how-to books; e-readers;

books that reflect the ethnicities of children and their

family

105

120*

Listening tapes; puppets or marionettes with

theater; flannel boards with pieces; writing and book

making materials - assortment of paper and writing

utensils, binding materials, art materials for

illustrations, binding machine; chalk or dry erase

board; clip boards; computer with software for

producing newsletters, stories, and plays

Children’s magazines: Highlights; Zoobooks;

Click; National Geographic Kids; American Girl;

Boys Life; Ranger Rick; Lady Bug; Humpty Dumpty

Child Care Programs 134 Effective 6-1-2022

APPENDIX NN. CLEANERS, SANITIZERS, AND DISINFECTANTS

Clean; then, sanitize or disinfect.

Cleaners

Sanitizers

Disinfectants

In genera

Effective

against

 Dirt

 Debris

 Bacteria

 Fungi

 Certain viruses

Surfaces

 All

 Food-contact

items or surfaces*

 Mouth-contact

items or surfaces*

for example, play

equipment

 Diaper changing areas

 Restrooms

 Tables and countertops

 Door and cabinet handles

 not Mouth- or food-

contact items or surfaces

Time required

for

effectiveness

30 seconds to

5 minutes

10 minutes

or less

Choose one

Household

chlorine

bleach

(without EPA**

registration

number)

Sanitizer

Disinfectant

Bleach

Cool

water

Bleach

Cool

water

1 tablespoon

(1/2 ounce)

1 gallon

1/4 cup

(2 ounces)

1 gallon

2 teaspoons

(1/4 ounce)

1/2 gallon

1/8 cup

(1 ounce)

1/2 gallon

1 teaspoon

(1/8 ounce)

1 quart

1 tablespoon

(1/2 ounce)

1 quart

Sanitizer or

disinfectant

(with EPA**

registration

number)

 Read label to determine:

o whether the product is a sanitizer or disinfectant

o how the product can be used (for example, non-

porous surfaces)

o the length of time the object needs to remain wet with

product

o whether diluting is needed

o whether rinsing is needed

 Follow, "Directions for use," on the label

*Not all sanitizers may be used on mouth- or food-contact items or surfaces. Read

labels.

**Environmental Protection Agency

Child Care Programs 135 Effective 6-1-2022

Bleach Guidelines

 Spray

o Mix fresh solution daily in opaque bottle

o Use heavy spray and completely wet object

 Submerge

o General

 Mix fresh solution when visibly dirty or when concentrations drop

below the required level

o Food-contact items

 Submerge dishes and utensils for at least one minute

 Mix fresh solution with each dishwashing and when

concentration falls below 150 parts per million (ppm)

 Dry - remain wet

o Let object remain wet for at least two minutes or air dry

SUPPLEMENT I

Child Care Programs 136 Effective 6-1-2022

OKLAHOMA CHILD CARE FACILITIES LICENSING ACT

Sections 401 through 420 of Title 10 of the Oklahoma Statutes

(Amended with 2022 legislation)

Section 401- Purpose and Policy- Minimum Standards

A. Sections 401 through 418 of this title shall be known and may be cited as the

"Oklahoma Child Care Facilities Licensing Act".

B. It is the declared purpose and policy of the Oklahoma Child Care Facilities Licensing

Act, to:

1. Ensure maintenance of minimum standards for the care and protection of

children away from their own homes;

2. Encourage and assist the child care facility toward maximum standards; and

3. Work for the development of sufficient and adequate services for child care

through joint work of public, private and voluntary agencies. Whenever possible,

child care facilities should help to preserve and restore family life for children.

C. In order to provide care for children in child care facilities, a license shall be obtained

from the Department of Human Services, which is issued on the basis of meeting

minimum standards which are essential for the health and welfare of the child or children

placed for care with such agencies and individuals.

D. The Child Care Facilities Licensing Division within the Department of Human Services

shall work with representatives from municipalities to develop a single child care licensure

procedure for use by state and local entities.

Section 402- Definitions

As used in the Oklahoma Child Care Facilities Licensing Act:

1. "Adult" means an individual eighteen (18) years of age or older;

2. "Child" or "minor" means any person who has not attained the age of eighteen

(18) years;

3. "Child care center" means a program that operates thirty (30) or more hours per

week;

4. "Child care facility" means any public or private child care residential facility,

child-placing agency, foster family home, child care center, part-day program, out-

of-school time program, day camp, drop-in program, program for sick children,

family child care home, or large family child care home providing either full-time or

part-time care for children away from their own homes;

5. "Child-placing agency" means an agency that arranges for or places a child in a

foster family home, adoptive home, or independent living program;

6. "Foster family home" means the private residence of a family which provides

foster care services to a child, and includes a specialized foster home, a

therapeutic foster family home, or a kinship care home;

7. "Foster parent eligibility assessment" includes a criminal background

investigation, including, but not limited to, a national criminal history records search

based upon the submission of fingerprints, a home assessment, and any other

assessment required by the Department of Human Services, the Office of Juvenile

Affairs, or any child-placing agency pursuant to the provisions of Section 1-7-106

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Child Care Programs 137 Effective 6-1-2022

of Title 10A of the Oklahoma Statutes. A foster parent eligibility assessment shall

be similar to the procedures used by the Department of Public Safety for

determining suitability of an individual for employment as a highway patrol officer;

8. "Department" means the Department of Human Services;

9. "Division" means the section within the Department that is assigned

responsibilities pursuant to the provisions of the Oklahoma Child Care Facilities

Licensing Act;

10. "Family child care home" means a family home which provides care and

supervision for seven or fewer children for part of the twenty-four-hour day. The

term "family child care home" shall not include informal arrangements which

parents make independently with neighbors, friends, and others, or with caretakers

in the child's own home;

11. "Full-time care" means continuous care given to a child beyond a minimum

period of twenty-four (24) hours;

12. "Large family child care home" means a residential family home which provides

care and supervision for eight to twelve children for part of the twenty-four-hour

day;

13. "Part-day child care program" means a program that provides care and

supervision for children and that operates for more than fifteen (15) and up to thirty

(30) hours per week;

14. "Program" means the business entity that provides care, supervision, and

learning opportunities for children;

15. "Rap back" means a notification from the Oklahoma State Bureau of

Investigation to the Department of subsequent criminal activity of individuals

whose criminal background checks have been completed pursuant to the

requirements of the Oklahoma Child Care Facilities Licensing Act;

16. "Residential child care facility" means a twenty-four-hour residential facility

where children live together with or are supervised by adults who are not their

parents or relatives;

17. "Responsible entity" means an individual who is authorized to obligate the

business; and

18. "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.

Section 403- Exemptions

A. The provisions of the Oklahoma Child Care Facilities Licensing Act shall not apply to:

1. Care provided in a child’s own home or by relatives;

2. Informal arrangements which parents make with friends or neighbors for the

occasional care of their children;

3. Care provided by an attorney-in-fact authorized by Section 700 of this title who

exercises parental or legal authority on a continuous basis for not less than twenty-

four (24) hours and without compensation for the intended duration of the power

of attorney;

4. Programs in which school-aged children three (3) years of age and older are

participating in home-schooling;

SUPPLEMENT I

Child Care Programs 138 Effective 6-1-2022

5. Programs that serve children three (3) years of age and older and that are

operated during typical school hours by a public school district;

6. Programs that serve children three (3) years of age and older and that are

operated during typical school hours by a private school that offers elementary

education in grades kindergarten through third grade;

7. Summer youth camps, summer programs or after-school programs for children

who are at least four (4) years of age, that are accredited by a national standard-

setting agency or church camp accreditation program, or are accredited by,

chartered by or affiliated with a national non-profit organization;

8. Programs in which children attend on a drop-in basis and parents are on the

premises and readily accessible;

9. A program of specialized activity or instruction for children that is not designed

or intended for child care purposes including, but not limited to, scouts, 4-H clubs

and summer resident youth camps, programs that limit children from enrolling in

multiple sessions because of the type of activity or ages accepted and single-

activity programs such as academics, athletics, gymnastics, hobbies, art, music,

dance and craft instruction;

10. Any child care facility that:

a. provides care and supervision for fifteen (15) or fewer hours per week,

b. operates less than ten (10) weeks annually,

c. operates in the summer for less than eight (8) hours per day, or

d. provides care and supervision for school-aged children only in a center-

based program for twenty-one (21) or fewer hours a week and is located in

a county with a population of less than one hundred thousand (100,000)

according to the latest Federal Decennial Census;

11. Facilities whose primary purpose is medical treatment;

12. Boarding schools that have education as their primary purpose and that are

recognized as accredited by the State Board of Education. To be exempt, such

programs shall:

a. have classroom facilities that are not used for residential living,

b. not have been granted nor have assumed legal custody of any child

attending the facility, and

c. adhere to standard educational holiday and seasonal recess periods to

permit students reasonable opportunities to return to their primary places of

residence with parents or legal guardians;

13. Day treatment programs and maternity homes operated by a licensed hospital;

14. Juvenile facilities certified by the Office of Juvenile Affairs or certified by any

other state agency authorized by law to license such facilities;

15. A program where children are not enrolled by the parents and are free to come

and go;

16. A program in tribal land as defined at 25 U.S.C.A. 1903 (10); and

17. A program on a military base or federal property, or a facility licensed as a

family child care provider by a branch of the United States Department of Defense

or by the United States Coast Guard.

B. The provisions of the Oklahoma Child Care Facilities Licensing Act shall be equally

incumbent upon all private and public child care facilities.

SUPPLEMENT I

Child Care Programs 139 Effective 6-1-2022

Section 404- Minimum Requirements and Desirable Standards

A. 1. The Department of Human Services, in consultation with the Oklahoma

Commission on Children and Youth, shall appoint advisory committees of representatives

of child care facilities and others to recommend minimum requirements and desirable

standards for promulgation by the Department.

2. Committee members shall be appointed for a three-year term, with a two-

consecutive-term limit. The committees shall include representation for all

categories of facilities licensed by the Department and shall be comprised as

follows:

a. the Residential Children's Services subcommittee shall include at a

minimum:

(1) a representative of a statewide organization representing children

in care arrangements outside their own home,

(2) a representative of a statewide organization providing residential

services to youth in state custody,

(3) a recipient or former recipient of youth services for children in

state custody,

(4) a representative of a statewide organization promoting adoption

services,

(5) a parent or guardian providing foster care to a child or children in

state custody,

(6) a representative from a nonpublic, long-term residential care

facility for children in state custody,

(7) a representative from an organization promoting the interests of

Native American children in state custody,

(8) a provider of medical services for children,

(9) a practicing behavioral health services provider,

(10) a representative from an agency providing child-placing

services, and

(11) other appropriate representatives at the discretion of the

Department of Human Services and Commission on Children and

Youth,

b. the Child Care Centers subcommittee shall include at a minimum:

(1) a representative of a statewide organization advocating for

children in care arrangements outside their own home,

(2) a representative of a statewide organization conducting programs

for school-age children,

(3) a parent or guardian with a child attending a licensed child care

facility,

(4) a representative of a licensed child care facility in a rural area,

(5) a representative of a statewide organization advocating for

licensed child care facilities owned or operated by Native Americans,

(6) a representative of a licensed child care facility in an

urban/suburban area,

(7) a representative of a statewide organization advocating for

programs provided under the Head Start program,

SUPPLEMENT I

Child Care Programs 140 Effective 6-1-2022

(8) a representative with knowledge of child care programs offered

by career technology center in this state,

(9) a representative of a statewide organization advocating for early

childhood education programs,

(10) a representative of a statewide organization providing resources

and referrals to child care facilities,

(11) a provider of medical services for children, and

(12) other appropriate representatives at the discretion of the

Department of Human Services and Commission on Children and

Youth,

c. the Child Care Homes subcommittee shall include at a minimum:

(1) a representative of a statewide organization advocating for

children in care arrangements outside their own home,

(2) a parent or guardian with a child receiving care at a licensed child

care home,

(3) a representative of a licensed child care home in a rural area,

(4) a representative of a statewide organization advocating for

licensed child care facilities owned or operated by Native Americans,

(5) a representative of a licensed child care home in an

urban/suburban area,

(6) a representative of a statewide organization advocating for early

childhood education programs,

(7) a representative of a statewide organization providing resources

and referrals to child care facilities,

(8) a provider of medical services for children, and

(9) other appropriate representatives at the discretion of the

Department of Human Services and Commission on Children and

Youth, and

d. the Quality Rating and Improvement System subcommittee shall include

representatives of child care centers and child care homes currently

licensed by the State and other members as determined by the Department

of Human Services and the Commission on Children and Youth.

3. The Department shall create a Child Care Facility Peer Review Board whose

purpose shall be to participate in the Department's grievance process. A majority

of the Board shall be representatives of child care facilities. The Department shall

promulgate rules specifying the duties of the Child Care Facility Peer Review

Board in the grievance process.

4. The advisory committee shall designate two people to serve on the

Department's Stars Administrative Review Panel. At least one designee shall be

the owner or operator of a licensed child care center.

B. Child care facilities shall not allow children to be left alone in the care of any person

under eighteen (18) years of age without supervision or sixteen (16) years of age with

supervision as delineated by the Department's rules. Child care centers and family child

care homes shall not:

1. Use soft or loose bedding, including, but not limited to, blankets, in sleeping

equipment or in sleeping areas used only for infants;

SUPPLEMENT I

Child Care Programs 141 Effective 6-1-2022

2. Allow toys or educational devices in sleeping equipment or in a sleeping area

used only for infants; or

3. Place a child in sleeping equipment or in a sleeping area which has not been

previously approved for use as such by the Department.

C. The Department shall promulgate rules establishing minimum requirements and

desirable standards as may be deemed necessary or advisable to carry out the provisions

of the Oklahoma Child Care Facilities Licensing Act.

D. Such rules shall not be promulgated until after consultation with the State Department

of Health, the State Department of Education, the Oklahoma State Bureau of

Investigation, the State Fire Marshal, the Commission on Children and Youth, the

Oklahoma Department of Mental Health and Substance Abuse Services and any other

agency deemed necessary by the Department. Not less than sixty (60) days' notice, by

regular mail, shall be given to all current licensees before any changes are made in such

rules.

E. In order to improve the standards of child care, the Department shall advise and

cooperate with licensees, the governing bodies and staff of licensed child care facilities

and assist the staff through advice of progressive methods and procedures, and

suggestions for the improvement of services.

F. The Department may participate in federal programs for child care services, and enter

into agreements or plans on behalf of the state for that purpose, in accordance with

federal laws and regulations.

Section 404.1- Criminal History Records Search and Child Care Restricted Registry

for Individual Applying to Establish or Operate Child Care Facility

A. On and after November 1, 2013:

1. Prior to the issuance of a permit or license, owners and responsible entities

making a request to establish or operate a child care facility shall have:

a. an Oklahoma State Courts Network search conducted by the

Department,

b. a Restricted Registry search conducted by the facility,

c. a national criminal history records search conducted pursuant to

paragraph 10 of this subsection,

d. a criminal history records and sex offender registry search conducted by

an authorized source, when the individual has lived outside this state within

the last five (5) years,

e. a search of the Department of Corrections' files maintained pursuant to

the Sex Offenders Registration Act and conducted by the Department of

Human Services,

f. a search of any available child abuse and neglect registry within a state

the individual has resided in within the last five (5) years,

g. search of the nontechnical services worker abuse registry maintained by

the State Department of Health pursuant to Section 1-1950.7 of Title 63 of

the Oklahoma Statutes, and

h. a search of the community services worker registry maintained by the

Department of Human Services pursuant to Section 1025.3 of Title 56 of

the Oklahoma Statutes;

SUPPLEMENT I

Child Care Programs 142 Effective 6-1-2022

2. Prior to the employment of an individual:

a. an Oklahoma State Courts Network search, conducted by the

Department, shall be requested and received by the facility; provided

however, if twenty-four (24) hours has passed from the time the request to

the Department was made, the facility may initiate employment,

notwithstanding the provisions of this paragraph,

b. a Restricted Registry search shall be conducted by the facility with

notification of the search submitted to the Department,

c. a national criminal history records search pursuant to paragraph 10 of

this subsection shall be submitted,

d. a criminal history records and sex offender registry search conducted by

an authorized source, when the individual has lived outside this state within

the last five (5) years, shall be submitted to the Department,

e. a search of the Department of Corrections' files maintained pursuant to

the Sex Offenders Registration Act shall be conducted by the Department

and received by the facility,

f. a search of any available child abuse and neglect registry within a state

the individual has resided in within the last five (5) years,

g. search of the nontechnical services worker abuse registry maintained by

the State Department of Health pursuant to Section 1-1950.7 of Title 63 of

the Oklahoma Statutes, and

h. a search of the community services worker registry maintained by the

Department of Human Services pursuant to Section 1025.3 of Title 56 of

the Oklahoma Statutes;

3. Prior to allowing unsupervised access to children by employees or individuals,

including contract employees and volunteers and excluding the exceptions in

paragraph 8 of this subsection:

a. Oklahoma State Courts Network search results, conducted by the

Department, shall be received by the facility,

b. a Restricted Registry search shall be conducted by the facility with

notification of the search submitted to the Department,

c. national criminal history records search results pursuant to paragraph 10

of this subsection shall be received by the facility,

d. a criminal history records and sex offender registry search conducted by

an authorized source, when the individual has lived outside this state within

the last five (5) years shall be submitted to the Department,

e. a search of the Department of Corrections' files maintained pursuant to

the Sex Offenders Registration Act shall be conducted by the Department

and received by the facility,

f. a search of any available child abuse and neglect registry within a state

the individual has resided in within the last five (5) years,

g. search of the nontechnical services worker abuse registry maintained by

the State Department of Health pursuant to Section 1-1950.7 of Title 63 of

the Oklahoma Statutes, and

h. a search of the community services worker registry maintained by the

Department of Human Services pursuant to Section 1025.3 of Title 56 of

the Oklahoma Statutes;

SUPPLEMENT I

Child Care Programs 143 Effective 6-1-2022

4. Prior to the issuance of a permit or license and prior to the residence of adults

who subsequently move into a facility, adults living in the facility excluding the

exception in paragraph 7 of this subsection shall have:

a. an Oklahoma State Courts Network search conducted by the Department

and the facility shall be in receipt of the search results,

b. a Restricted Registry search conducted by the facility with notification of

the search submitted to the Department,

c. a national criminal history records search conducted pursuant to

paragraph 10 of this subsection,

d. a criminal history records and sex offender registry search conducted by

an authorized source, when the individual has lived outside this state within

the last five (5) years,

e. a search of the Department of Corrections' files maintained pursuant to

the Sex Offenders Registration Act conducted by the Department and

received by the facility,

f. a search of any available child abuse and neglect registry within a state

the individual has resided in within the last five (5) years,

g. search of the nontechnical services worker abuse registry maintained by

the State Department of Health pursuant to Section 1-1950.7 of Title 63 of

the Oklahoma Statutes, and

h. a search of the community services worker registry maintained by the

Department of Human Services pursuant to Section 1025.3 of Title 56 of

the Oklahoma Statutes;

5. Children who reside in the facility and turn eighteen (18) years of age excluding

the exception in paragraph 7 of this subsection shall have:

a. an Oklahoma State Courts Network search conducted by the

Department,

b. a Restricted Registry search conducted by the facility with notification of

the search submitted to the Department,

c. a national criminal history records search conducted pursuant to

paragraph 10 of this subsection, and

d. a search of the Department of Corrections' files pursuant to the Sex

Offenders Registration Act conducted by the Department and received by

the facility;

6. Prior to review of or access to fingerprint results, owners, responsible entities,

directors, and other individuals who have review of or access to fingerprint results

shall have a national criminal history records search pursuant to paragraph 10 of

this subsection;

7. Provisions specified in paragraphs 4 and 5 of this subsection shall not apply to

residents who are receiving services from a residential child care facility;

8. A national criminal history records search pursuant to paragraph 10 of this

subsection shall not be required for volunteers who transport children on an

irregular basis when a release is signed by the parent or legal guardian noting their

understanding that the volunteer does not have a completed national criminal

history records search. The provisions in paragraph 3 of this subsection shall not

be required for specialized service professionals who are not employed by the

program and have unsupervised access to a child when a release is signed by the

SUPPLEMENT I

Child Care Programs 144 Effective 6-1-2022

parent or legal guardian noting his or her understanding of this exception. These

exceptions shall not preclude the Department from requesting a national fingerprint

or an Oklahoma State Bureau of Investigation name-based criminal history records

search or investigating criminal, abusive, or harmful behavior of such individuals,

if warranted;

9. A national criminal history records search pursuant to paragraph 10 of this

subsection shall be required on or before November 1, 2016, for existing owners,

responsible entities, employees, individuals with unsupervised access to children,

and adults living in the facility, as of November 1, 2013, unless paragraph 6 of this

subsection applies;

10. The Department shall require a national criminal history records search based

upon submission of fingerprints that shall:

a. be conducted by the Oklahoma State Bureau of Investigation and the

Federal Bureau of Investigation pursuant to Section 150.9 of Title 74 of the

Oklahoma Statutes and the federal National Child Protection Act and the

federal Volunteers for Children Act with the Department as the authorized

agency,

b. be submitted and have results received between the Department and the

Oklahoma State Bureau of Investigation through secure electronic

transmissions,

c. include Oklahoma State Bureau of Investigation rap back, requiring the

Oklahoma State Bureau of Investigation to immediately notify the

Department upon receipt of subsequent criminal history activity, and

d. be paid by the individual or the facility;

11. The Director of the Department, or designee, shall promulgate rules that may

authorize an exception to the fingerprinting requirements for individuals who have

a severe physical condition which precludes such individuals from being

fingerprinted;

12. The Director of the Department, or designee, shall promulgate rules that

ensure individuals obtain a criminal history records search, not to include the re-

submission of fingerprints, not less than once during each five (5) year period;

13. Any individual who refuses to consent to the criminal background check or

knowingly makes a materially-false statement in connection with such criminal

background check shall be ineligible for ownership of, employment of or residence

in a child care facility; and

14. The Office of Juvenile Affairs shall require national criminal history records

searches, as defined by Section 150.9 of Title 74 of the Oklahoma Statutes, which

shall be provided by the Oklahoma State Bureau of Investigation for the purpose

of obtaining the national criminal history records search, including Rap Back

notification of and through direct request by the Office of Juvenile Affairs on behalf

of any:

a. operator or responsible entity making a request to establish or operate a

secure detention center, municipal juvenile facility, community intervention

center or secure facility licensed or certified by the Office of Juvenile Affairs,

b. employee or applicant of a secure detention center, municipal juvenile

facility, community intervention center or secure facility licensed or certified

by the Office of Juvenile Affairs, or

SUPPLEMENT I

Child Care Programs 145 Effective 6-1-2022

c. persons allowed unsupervised access to children, including contract

employees or volunteers, of a secure detention center, municipal juvenile

facility, community intervention center or secure facility licensed or certified

by the Office of Juvenile Affairs.

B. 1. a. On and after September 1, 1998:

(1) any child-placing agency contracting with a person for foster family home

services or in any manner for services for the care and supervision of

children shall also, prior to executing a contract, complete:

(a) a foster parent eligibility assessment for the foster care provider

except as otherwise provided by divisions (2) and (4) of this

subparagraph, and

(b) a national criminal history records search based upon submission

of fingerprints for any adult residing in the foster family home through

the Department of Human Services pursuant to the provisions of

Section 1-7-106 of Title 10A of the Oklahoma Statutes, except as

otherwise provided by divisions (2) and (4) of this subparagraph,

(2) the child-placing agency may place a child pending completion of the

national criminal history records search if the foster care provider and every

adult residing in the foster family home has resided in this state for at least

five (5) years immediately preceding such placement,

(3) a national criminal history records search based upon submission of

fingerprints to the Oklahoma State Bureau of Investigation shall also be

completed for any adult who subsequently moves into the foster family

home,

(4) provided, however, the Director of Human Services or the Director of the

Office of Juvenile Affairs, or a designee, may authorize an exception to the

fingerprinting requirement for a person residing in the home who has a

severe physical condition which precludes such person's being

fingerprinted, and

(5) any child care facility contracting with any person for foster family home

services shall request the Office of Juvenile Affairs to conduct a juvenile

justice information system review, pursuant to the provisions of Sections 2-

7-905 and 2-7-308 of Title 10A of the Oklahoma Statutes, for any child over

the age of thirteen (13) years residing in the foster family home, other than

a foster child, or who subsequently moves into the foster family home. As a

condition of contract, the child care facility shall obtain the consent of the

parent or legal guardian of the child for such review.

b. The provisions of this paragraph shall not apply to foster care providers having

a contract or contracting with a child-placing agency, the Department of Human

Services or the Office of Juvenile Affairs prior to September 1, 1998. Such existing

foster care providers shall comply with the provisions of this section, until otherwise

provided by rules of the Department or by law.

2. a. (1) On and after September 1, 1998, except as otherwise provided in

divisions (2) and (4) of this subparagraph, prior to contracting with a foster

family home for placement of any child who is in the custody of the

Department of Human Services or the Office of Juvenile Affairs, each

Department shall complete a foster parent eligibility assessment, pursuant

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to the provisions of the Oklahoma Child Care Facilities Licensing Act, for

such foster family applicant. In addition, except as otherwise provided by

divisions (2) and (4) of this subparagraph, the Department shall complete

a national criminal history records search based upon submission of

fingerprints for any adult residing in such foster family home.

(2) The Department of Human Services and Office of Juvenile Affairs may

place a child pending completion of the national criminal history records

search if the foster care provider and every adult residing in the foster family

home has resided in this state for at least five (5) years immediately

preceding such placement.

(3) A national criminal history records search based upon submission of

fingerprints conducted by the Oklahoma State Bureau of Investigation shall

also be completed for any adult who subsequently moves into the foster

family home.

(4) The Director of Human Services or the Director of the Office of Juvenile

Affairs or their designee may authorize an exception to the fingerprinting

requirement for any person residing in the home who has a severe physical

condition which precludes such person's being fingerprinted.

b. The provisions of this paragraph shall not apply to foster care providers having

a contract or contracting with a child-placing agency, the Department of

Human Services or the Office of Juvenile Affairs prior to September 1, 1998.

Such existing foster care providers shall comply with the provisions of this

section, until otherwise provided by rules of the Department or by law.

3. The Department of Human Services or the Office of Juvenile Affairs shall provide for

a juvenile justice information system review pursuant to Section 2-7-308 of Title 10A of

the Oklahoma Statutes for any child over the age of thirteen (13) years residing in a

foster family home, other than the foster child, or who subsequently moves into the

foster family home.

C. The Department or the Board of Juvenile Affairs shall promulgate rules to identify

circumstances when a criminal history records search or foster parent eligibility

assessment for an applicant or contractor, or any person over the age of thirteen (13)

years residing in a private residence in which a child care facility is located, shall be

expanded beyond the records search conducted by the Oklahoma State Bureau of

Investigation or as otherwise provided pursuant to this section.

D. Except as otherwise provided by the Oklahoma Children's Code and subsection F of

this section, a conviction for a crime shall not be an absolute bar to employment, but shall

be considered in relation to specific employment duties and responsibilities.

E. 1. Information received pursuant to this section by an owner, administrator, or

responsible entity of a child care facility, shall be maintained in a confidential

manner pursuant to applicable state and federal laws.

2. The information, along with any other information relevant to the ability of the

individual to perform tasks that require direct contact with children, may be released

to another child care facility in response to a request from the child care facility that is

considering employing or contracting with the individual unless deemed confidential

by state and federal laws.

3. Requirements for confidentiality and recordkeeping with regard to the information

shall be the same for the child care facility receiving the information in response to a

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Child Care Programs 147 Effective 6-1-2022

request as those provided for in paragraph 1 of this subsection for the child care facility

releasing such information.

4. Information received by any facility certified by the Office of Juvenile Affairs may be

released to another facility certified by the Office if an individual is being considered

for employment or contract, along with any other relevant information, unless the

information is deemed confidential by state or federal law. Any information received

by the Office shall be maintained in a confidential manner pursuant to applicable state

and federal law.

F. 1. It shall be unlawful for individuals who are required to register pursuant to the Sex

Offenders Registration Act to work with or provide services to children or to reside

in a child care facility and for any employer who offers or provides services to

children to knowingly and willfully employ or contract with, or allow continued

employment of or contracting with individuals who are required to register

pursuant to the Sex Offenders Registration Act. Individuals required to register

pursuant to the Sex Offenders Registration Act who violate any provision of

Section 401 et seq. of this title shall, upon conviction, be guilty of a felony

punishable by incarceration in a correctional facility for a period of not more than

five (5) years and a fine of not more than Five Thousand Dollars ($5,000.00) or

both such fine and imprisonment.

2. It shall be unlawful for an individual who is the perpetrator of a substantiated finding

by the Department of heinous and shocking abuse by a person responsible for a

child's health, safety, or welfare, as those terms are defined in Section 1-1-105 of Title

10A of the Oklahoma Statutes, to work with or provide services to children or to reside

in a child care facility and for any employer who offers or provides services to children

to knowingly and willfully employ or contract with, or allow continued employment of

or contracting with such individual.

3. Upon a determination by the Department of any violation of the provisions of this

section, the violator shall be subject to and the Department may pursue:

a. an emergency order,

b. license revocation or denial,

c. injunctive proceedings,

d. an administrative penalty not to exceed Ten Thousand Dollars

($10,000.00), and

e. referral for criminal proceedings.

4. In addition to the penalties specified by this section, the violator may be liable for

civil damages.

Section 404.2- Demarion's Law

This act shall be known and may be cited as "Demarion’s Law".

Section 404.3- Mandatory Liability Insurance Requirements for Child Care Facility-

Reports-Rules- Notices-Exempt Facilities and Agencies- Failure to Comply

A. A child care facility shall maintain general liability insurance coverage as defined by

Section 707 of Title 36 of the Oklahoma Statutes of at least Two Hundred Thousand

Dollars ($200,000.00) for each occurrence of negligence. An insurance policy or contract

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Child Care Programs 148 Effective 6-1-2022

required under this section shall cover injury to a child due to negligence that occurs while

the child is in the care of the child care facility.

B. The Department of Human Services shall promulgate rules providing for a standard

form to be signed and dated by an insurance agent licensed in this state stating that the

child care facility has an unexpired and uncancelled insurance policy or contract of at

least Two Hundred Thousand Dollars ($200,000.00) that meets the requirements of this

section. This form shall be completed annually and shall be maintained by the child care

facility. Upon request, the form shall be made available to the Department to determine

compliance with licensing requirements.

C. Should the child care facility for financial reasons or for lack of availability of an

underwriter willing to issue a policy be unable to secure the insurance required under

subsection A of this section, should the policy limits be exhausted, or if the child care

facility reports self-insurance in accordance with state law the child care facility shall:

1. Post a conspicuous notice at the facility indicating the facility does not have

liability insurance coverage pursuant to this section or reports self-insurance in

accordance with state law;

2. Notify the Department that coverage is not provided or that the facility reports

self-insurance in accordance with state law; and

3. Keep a form signed by the parent or legal guardian of each child that he or she

has been told that the child care facility does not carry at least Two Hundred

Thousand Dollars ($200,000.00) of general liability insurance.

D. The Department shall promulgate rules providing for a standard notice form for the

facility to post which indicates the facility does not carry liability insurance or reports self-

insurance in accordance with state law. The form required pursuant to paragraph 1 of

subsection C of this section shall be:

1. Printed with lettering that is legible and in at least three-fourths-inch boldfaced

type;

2. Placed at the main entrance of the facility in a conspicuous location; and

3. Copied and provided to the parent or legal guardian of each child under

supervision of the child care facility.

E. In no case shall the inability to secure coverage serve to indemnify the child care facility

due to negligence.

F. The insurance policy or contract shall be maintained at all times in an amount as

required by this section, except as provided for in subsection C of this section.

G. Each child care facility shall maintain a copy of the most recent compliance file onsite.

The Department shall promulgate rules providing for a standard notice form for the facility

to post which indicates:

1. The facility has a copy of the most recent compliance files onsite for inspection

upon request of a parent or guardian of each child under the supervision of the

child care facility; and

2. Such files are also made available for public inspection by the Department.

H. The forms required pursuant to this subsection shall be:

1. Printed with lettering that is legible and in at least three-fourths-inch boldfaced

type;

2. Placed at the main entrance of the facility in a conspicuous location; and

3. Copied and provided to the parent or legal guardian of each child under

supervision of the child care facility.

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I. The requirements for posting provided by subsection D and G of this section shall not

apply to:

1. Licensed child-placing agencies;

2. Licensed residential child care facilities; or

3. Department-certified child care facilities.

J. The Department may promulgate rules requiring liability insurance for facilities listed in

subsection I of this section.

K. Failure by a child care facility to comply with the provisions of this section is grounds

for suspension or revocation of the child care facility license under the Oklahoma Child

Care Facilities Licensing Act.

L. The Department shall promulgate rules to implement the provisions of this section.

Section 405- License and Permit Requirements for Child Care Facilities-

Application- Issuance

A. No child care facility may be operated or maintained in this state, unless licensed or

temporarily authorized by the Department of Human Services, except for the shelters

certified by the Office of Juvenile Affairs pursuant to Section 2-7-202 of Title 10A of the

Oklahoma Statutes; No new child care facility may be established without the prior

approval of the Department, which shall be granted only after the Department is satisfied

that the facility will meet minimum standards for a license to operate.

B. The Department shall not grant approval for a permit, or a license for a new child care

facility to receive and care for children until:

1. All background investigation requirements are met pursuant to Section 404.1 of

this title; and

2. All required training including, but not limited to, cardiopulmonary resuscitation

(CPR), first aid, health and safety training, and minimum education requirements

pursuant to licensing requirements have been completed for any person left alone

with children.

C. The incorporation or domestication of a corporation organized for the purpose of

operating a child care facility shall not exempt such corporation from compliance with the

provisions of Sections 401 through 418 of this title.

D. An application for a license shall be made on forms provided by the Department and

in the manner prescribed. Temporary authorization may be granted to allow the

Department to investigate the activities and standards of care of the applicant. The

Department may issue a license once it is satisfied that the applicant meets the

requirements as provided in Sections 401 through 418 of this title. All licenses shall be in

force unless revoked as authorized by Section 407 of this title.

Section 405.1- Comprehensive Oklahoma State Plan for Child Care

A. The Department of Human Services shall collaborate with other appropriate agencies

to develop a comprehensive Oklahoma state plan for child care.

B. The comprehensive plan shall:

1. Meet all requirements for child care state plans as periodically determined by

the United States Department of Health and Human Services Administration for

Children and Families Child Care Bureau; and

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2. Be submitted to the Speaker of the Oklahoma House of Representatives and

the President Pro Tempore of the Senate on a biannual basis.

Section 405.2- Public Online Database- Licensed Child Care Centers and Child Care

Homes

A. The Department of Human Services shall promulgate rules to establish and maintain

an online database accessible to the public that contains information including, but not

limited to:

1. The name, address, and phone number of all child care centers licensed by the

Department of Human Services, and the name, address, and phone number of all

child care homes licensed by the Department; and

2. A summary of substantiated complaint records and inspection reports generated

by the Department.

B. Child care licensing records and inspection reports shall be maintained by the facility

and be posted or made available to individuals pursuant to the licensing requirements

promulgated by the Department.

Section 405.3- Child Care Restricted Registry

A. The Department of Human Services shall promulgate rules to establish and maintain

the Restricted Registry, accessible to the public through an online database, to address:

1. A procedure for recording individuals on the Restricted Registry resulting from:

a. a substantiated finding of abuse or neglect, as defined in Section 1-1-105

of Title 10A of the Oklahoma Statutes, by an individual when the abuse or

neglect occurred to a child while in the care of a facility licensed, certified,

operated or contracted by or with the Department or the Office of Juvenile

Affairs. The provisions of this subparagraph shall apply to:

(1) the Central Oklahoma Juvenile Center, the Oklahoma Juvenile

Center for Girls and the Southwest Oklahoma Juvenile Center upon

the effective date of this act, and

(2) facilities licensed by, certified by or contracting with the Office of

Juvenile Affairs after November 1, 2018.

b. a revocation or denial of a child care facility license, and

c. a specified criminal history of an individual, as defined by rules

promulgated by the Department;

2. A procedure to provide notice and an opportunity for review to the individual

and, if the individual is an employee of a facility licensed, certified, operated or

contracted by or with the Office of Juvenile Affairs, to the facility prior to recording

an individual on the Restricted Registry;

3. Disclosure requirements for information on the Restricted Registry; and

4. A procedure to prohibit licensure, ownership, employment, unsupervised access

to children or residence in a facility or program licensed, certified, operated or

contracted with by the Department or the Office of Juvenile Affairs.

B. The Restricted Registry shall include, but not be limited to:

1. The full name of the individual;

2. Information necessary to identify the individual; and

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Child Care Programs 151 Effective 6-1-2022

3. The date the individual was recorded on the Restricted Registry.

C. Nothing in this section shall be construed as to permit the placement of an operator of

a child care facility on the Restricted Registry unless the operator:

1. Is the subject of a substantiated finding of child abuse or neglect;

2. Has been subject to a revocation or denial of a child care facility license; or

3. Has a specified criminal history, as defined by rules promulgated by the

Department.

Section 405.4- Educational Requirements for Director of Child Care Center-

Minimum Size of Rooms Occupied by Infants

A. Any person with a bachelor's degree or postgraduate degree shall be considered as

having met the educational requirements for a director of a full-time child care center

required by the Department of Human Services. Nothing in this section shall be construed

as to affect annual continuing education requirements. The director of a child care center

may also qualify as a master teacher for children of all ages.

B. Any person replacing a master teacher at a child care center shall be granted a one-

year probationary period to fulfill the educational qualifications required by the

Department for a master teacher. The Department may extend the probationary period

an additional year as long as the person is actively pursuing that goal.

C. Licensed child care facilities opened or expanded before November 1, 2016, shall have

thirty-five (35) square feet of floor area per infant in rooms occupied only by infants. New

construction and existing space not previously licensed for child care after November 1,

2016, shall have forty (40) square feet of floor area per infant in rooms occupied only by

infants.

Section 405.5- Authorization of Certain Persons to Operate Child Care Facilities-

Notice and Conditions

A. An individual who inherits or purchases a licensed child care facility and operates the

facility with the same personnel employed by the previous owner may continue to operate

the facility under the same license and at the same star rating as the previous owner for

a period of ninety (90) calendar days.

B. The Department of Human Services shall be notified of any change of ownership of a

licensed child care facility by the next Department of Human Services business day and

prior to the new owner assuming operations of the facility.

C. If individuals who receive ownership of a licensed child care facility through purchase

or inheritance have met all requirements for owners of child care facilities by the end of

the ninety-calendar-day period established in subsection A of this section, they may

continue to operate the facility at the same star rating. If all requirements have not been

met, the facility may not care for children until the facility is authorized to do so by the

Department.

D. Nothing in this section shall be construed as prohibiting the Department from

exercising its authority to revoke the license of a child care facility as provided in Section

407 of Title 10 of the Oklahoma Statutes during the ninety-calendar-day period

established in subsection A of this section.

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Section 406- Investigations and Visitation

A. 1. Except as provided in paragraph 2 of this subsection, the Department of Human

Services shall have authority at any reasonable time to investigate and examine the

conditions of any child care facility in which a licensee or applicant hereunder receives

and maintains children, and shall have authority at any time to require the facility to

provide information pertaining to children in its care.

2. When the Department of Human Services is reviewing the star rating of a child

care program with a capacity of fifty or more, the comprehensive visit to inspect and

examine the program shall be scheduled with the administration of the program at least

one (1) week in advance of the visit, if requested by the child care facility.

B. 1. The State Department of Health may visit any licensee or applicant at the request

of the Department to advise on matters affecting the health of children and to inspect the

sanitation of the buildings used for their care.

2. The State Fire Marshal may visit any licensee or applicant at the request of the

Department to advise on matters affecting the safety of children and to inspect the

condition of the buildings used for their care.

C. 1. Upon receipt of a complaint against any child care facility alleging a violation of the

provisions of the Oklahoma Child Care Facilities Licensing Act, or any licensing standard

promulgated by the Department, the Department shall conduct a full investigation. If upon

investigation, it is determined that there are reasonable grounds to believe that a facility

is in violation of the Oklahoma Child Care Facilities Licensing Act or of any standard or

rule promulgated pursuant thereto, the Department shall:

a. document the complaint,

b. provide the complaint allegations in writing to the facility involved and,

upon written request by the child care facility, provide a summary of the

facts used to evaluate the completed complaint, and

c. document the facility's plan for correcting any substantiated violations.

2. If the Department determines there has been a violation and the violation has a

direct impact on the health, safety or well-being of one or more of the children

cared for by the facility, the Department shall notify the facility and require

correction of the violation.

3. The Department shall notify the facility that failure to correct the confirmed

violation can result in the revocation of the license, the denial of an application for

a license, the issuance of an emergency order or the filing of an injunction pursuant

to the provisions of Section 409 of this title.

4. If the facility refuses to correct a violation or fails to complete the plan of

correction, the Department may issue an emergency order, revoke the license, or

deny the application for a license. Nothing in this section or Section 407 of this title

shall be construed as preventing the Department from denying an application,

revoking a license, or issuing an emergency order for a single violation of this act,

or the rules of the Department as provided in Section 404 of this title.

5. If the Department determines there has been a substantiated finding of heinous

and shocking abuse by a person responsible for a child's health, safety or welfare,

as those terms are defined in Section 1-1-105 of Title 10A of the Oklahoma

Statutes, the Department shall notify the child care facility owner or operator and

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the child care resource and referral organization in writing immediately or not later

than one (1) business day after the substantiated finding. Upon receiving notice

of a substantiated finding, the facility owner or operator shall attempt to

immediately notify, but not later than seventy-two (72) hours after receiving notice

of the substantiated finding, parents or legal guardians of children attending the

facility by certified mail.

D. Upon the completion of the investigation of a complaint against any child care facility

alleging a violation of the provisions of the Oklahoma Child Care Facilities Licensing Act

or any licensing standard promulgated thereto by the Department, the Department shall

clearly designate its findings on the first page of the report of the investigation. The

findings shall state whether the complaint was substantiated or unsubstantiated.

E. Information obtained by the Department or Oklahoma Child Care Services concerning

a report of a violation of a licensing requirement, or from any licensee regarding children

or their parents or other relatives shall be deemed confidential and privileged

communications, shall be properly safeguarded, and shall not be accessible to anyone

except as herein provided, unless upon order of a court of competent jurisdiction.

Provided, however, this provision shall not prohibit the Department from providing a

summary of allegations and findings of an investigation involving a child care facility that

does not disclose identities but that permits parents to evaluate the facility.

F. The Department shall promulgate rules to establish and maintain a grievance process

that shall include an anonymous complaint system for reporting and investigating

complaints or grievances about employees of the Department who retaliate against a

child care facility or facility employee.

Section 406.1- Indian Tribal Child Care Facility Electing Licensure Under Oklahoma

Child Care Facilities Licensing Act- Agreement for State Inspection

A. If an Indian tribe in this state that operates a child care facility elects to apply for a

license for the facility pursuant to the Oklahoma Child Care Facilities Licensing Act, the

Department of Human Services, the State Department of Health, and the State Fire

Marshal may enter into an agreement with the Indian tribe to allow the state to conduct

any inspections of the facility necessary to comply with the licensing provisions of the

Oklahoma Child Care Facilities Licensing Act.

B. As part of the agreement authorizing the state to conduct inspections as provided in

this section, the state and the Indian tribe may agree to a payment of a fee by the Indian

tribe to the state in an amount not to exceed the reasonable cost to the state to conduct

the inspections.

Section 407- Revocation or Denial of Issuance of License

A. The Department of Human Services may revoke or deny issuance of the license of any

child care facility found to be in violation of any provision of this act or the rules of the

Department, as provided in Section 404 of this title.

B. 1. No license shall be revoked or issuance denied unless and until such time as the

licensee or applicant shall have been given at least thirty (30) days' notice in writing of

the grounds of the proposed revocation or denial.

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2. At the time the facility is given notice in writing of the revocation or denial of a

license, the Department shall also advise parents of children attending the facility

and the child care resource and referral organization within one (1) business day of

such action by verbal, electronic, or written notification and the posting of an

announcement in the facility.

3. If the revocation or denial is protested within thirty (30) days of receipt of notice,

by writing addressed to the Department, the Department, or its authorized agency,

shall conduct a hearing at which an opportunity shall be given to the licensee or

applicant to present testimony and confront witnesses.

4. Notice of the hearing shall be given to the licensee or applicant by personal

service or by delivery to the proper address by certified mail, return receipt

requested, at least two (2) weeks prior to the date thereof.

5. If notice of the proposed revocation or denial of a license is not protested, the

license shall be revoked or denied.

C. 1. Nothing in this section or Section 406 of this title shall be construed as

preventing the Department from taking emergency action as provided by this

subsection.

2. For the purposes of this subsection, "emergency" means a situation that poses

a direct and serious threat to the health, safety, or welfare of any child cared for by

the facility.

3. Whenever the Department finds, after an investigation, that an emergency exists

requiring immediate action to protect the health, safety, or welfare of any child

cared for by a facility licensed, authorized, or providing unlicensed care except as

exempted by the provisions of the Oklahoma Child Care Facilities Licensing Act,

the Department may without notice or hearing issue an emergency order stating

the existence of such an emergency and requiring that such action be taken as it

deems necessary to meet the emergency including, when necessary, removing

children from the facility and prohibiting the facility from providing services to

children pending a hearing on the matter.

a. An emergency order shall be effective immediately. Any person to whom

an emergency order is directed shall comply with the emergency order

immediately but, upon written request to the Department on or before the

tenth day after receipt of the emergency order, shall be afforded a hearing

on or before the tenth day after receipt of the request by the Department.

b. On the basis of such hearing, the Department shall continue the order in

effect, revoke it, or modify it.

c. Any person aggrieved by the order continued after the hearing provided

for in this subsection may appeal to the district court of the area affected

within ten (10) days. The appeal when docketed shall have priority over all

cases pending on the docket, except criminal cases.

D. The Department shall establish a process to review the initial determination of the

closure of a facility due to an emergency pursuant to the licensing requirements

promulgated by the Department.

E. The Department shall continue to monitor any facility whose license has been revoked,

denied, or who has had an emergency order issued for a period of thirty (30) days after

the action becomes final.

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F. In addition to any other remedy authorized by this act, a CLEET-certified officer may

issue a citation for a violation of any provision of this act or rules of the Department as

provided in Section 404 of this title. The fine shall not be less than One Hundred Dollars

($100.00) nor more than Five Hundred Dollars ($500.00) for every day the facility

maintains and receives children after:

1. An emergency order has been issued; or

2. An application for a license has been denied or the license has been revoked.

G. One-half (1/2) of the funds collected pursuant to subsection F of this section shall be

deposited in the Quality of Care Development Fund established in Section 10 of this act

and one-half (1/2) shall be retained by the law enforcement agency represented by the

CLEET-certified officer.

Section 408- Appeals

A. Any licensee or applicant aggrieved by the decision of the Department of Human

Services under Section 407 of this title may, within ten (10) days after the revocation or

denial of the license, appeal to the district court of the county in which the child care facility

is maintained and operated by filing with the clerk of the court a verified petition. Notice

of such appeal shall be served on the Director of the Department within five (5) days of

the date of its filing.

B. The licensee or applicant shall, within twenty (20) days of the filing of the appeal, file

with the clerk of such court a transcript of the proceedings held pursuant to Section 407

of this title. The district court shall thereupon be vested with jurisdiction to review the

proceedings of the Department; provided that, if the Department prevails, the judgment

of the district court shall be that the decision of the Department be affirmed, and if the

licensee or applicant prevails, the judgment of the court shall be that the revocation be

set aside or the license issued or renewed, as the case may be. Pending the hearing of

the appeal, the action of the Department revoking or denying the license or the granting

thereof shall be stayed; provided, after the filing of an appeal, the district court, upon

application by the Department and after an appropriate hearing, may grant a restraining

order to enforce the decision of the Department.

Section 409- Injunction

Any person or child care facility may be enjoined from maintaining and operating such

facility for violations of any provisions of this act by suit brought in the name of the state

by the Attorney General of Oklahoma or by a district attorney.

Section 410- Violations- Punishment

Any person or agent, representative, or officer of any child care facility who violates any

of the provisions of he Oklahoma Child Care Facilities Licensing Act shall, upon

conviction, be deemed guilty of a misdemeanor and punished in accordance with the

provisions of Section 10 of Title 21 of the Oklahoma Statutes. Whenever any agent,

representative, or officer of any child care facility shall be convicted under authority of this

act, such conviction shall be sufficient ground for the revocation of the entity’s license.

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Section 410.1- Quality of Care Development Fund

There is established in the State Treasury a revolving fund to be known as the "Quality of

Care Development Fund". The fund shall be a continuing fund, not subject to fiscal year

limitations, and shall consist of all fines collected by the Department of Human Services

pursuant to Section 407 of this title and shall, in addition to any other monies made

available for such purpose, be available to the Director solely to support the continued

improvement of the child care facilities in this state. Expenditures from the fund shall be

made upon warrants issued by the State Treasurer against claims filed as prescribed by

law with the Director of the Office of Management and Enterprise Services for approval

and payment.

Section 411- Certificate of Immunizations as Condition for Admission to Day Care

Facility- Waiver

A. No person, firm, corporation, partnership or other legal entity operating a day care

center or day care home in this state shall cause or permit a minor child two (2) months

of age or older to be admitted to such facility unless and until the parent, guardian, or

other related person of such child presents certification from a licensed physician or

authorized representative of any state or local department of public health that such child

has received or will receive immunization at the medically appropriate time against

diphtheria, pertussis, tetanus, haemophilus influenzae type B (HIB), measles (rubeola),

rubella, hepatitis A, varicella, and poliomyelitis; or presents such certification that the child

is likely to be immune as a result of the disease. Provided, however, that in the event the

parent, guardian, or other person presenting a child for admission to a day care center or

day care home certifies in writing that a family emergency exists, the requirement

imposed by this section may be waived for a period not to exceed thirty (30) days. Such

certification shall be made prior to the provision of care. No such waiver shall be knowingly

permitted more than once for any child.

B. The State Board of Health, by rule, may alter the list of immunizations required under

this section after notice and hearing. Any change in the list of immunizations required

shall be submitted to the next regular session of the Legislature and such change shall

remain in force and effect unless and until a concurrent resolution of disapproval is

passed. Hearings shall be conducted by the State Board of Health, or such officer, agents

or employees as the State Board of Health may designate for that purpose. The State

Board of Health shall give appropriate notice of the proposed change in the list of

immunizations required and of the time and place for hearing. The change shall become

effective on a date fixed by the State Board of Health. Any change in the list of

immunizations required may be amended or repealed in the same manner as provided

for its adoption. Proceedings pursuant to this subsection shall be governed by the

Administrative Procedures Act.

Section 412- Manner and Frequency of Immunizations- Enforcement of Act

A. The immunizations required by this act, and the manner and frequency of their

administration, as prescribed by the State Board of Health, shall conform to recognized

SUPPLEMENT I

Child Care Programs 157 Effective 6-1-2022

standard medical practices in this state. The State Department of Health shall supervise

and secure the enforcement of the required immunization program.

B. The Department of Human Services shall render reasonable assistance to the State

Department of Health in the enforcement of the provisions of this act. This assistance

shall be in the form of revocation or denial of the license of any facility not in compliance

with this act.

Section 413- Exemptions

Any minor child, through his or her parent or guardian, may submit to the health authority

charged with the enforcement of the immunization laws, a certificate of a licensed

physician stating that the physical condition of the child is such that immunization would

endanger the life or health of the child; or upon receipt of a written statement by the parent

or guardian objecting to such immunizations because of religious or other reasons, then

such child shall be exempt from the provisions of this act.

Section 414- Administration of Immunizations- Persons Eligible- Indigent Persons

The immunizations shall be administered by, or under the direction of, a licensed

physician, or by any local or state health department. If the parent or guardian is unable

to pay, the State Department of Health shall provide, without charge, the immunization

materials required by this act.

Section 415- Child with Reportable Contagious Disease to be Excluded from Day

Care Facility

Any child afflicted with a reportable contagious disease shall be excluded from attending

a day care center or day care home until such time as the period of communicability has

elapsed as determined by a licensed physician or health department official. Such

exclusion shall be reported to a local health department official.

Section 418- Authority to Obtain Evidence- Administration of Oaths

When conducting investigations of complaints as provided in this article, the Department

of Public Welfare shall have the power to summon any person to appear and produce

such books and papers as shall be designated in the summons, and to give testimony

under oath concerning the matter and institution under investigation. The Department

shall have the power to administer oaths to such persons as may be summoned and to

enforce all such powers as are given to notaries public when they are taking depositions.

Section 420- Child Care Center Bill of Rights- Documentation of Training

Compliance

The Child Care Center Bill of Rights includes if a child care center or employee provides written

documentation of completion of required training, the child care center shall not be found in

noncompliance if computer documentation is not updated by the training provider.

SUPPLEMENT II

Child Care Programs 158 Effective 6-1-2022

WHAT IS CHILD ABUSE?

What is the Law? Oklahoma statutes define child abuse as harm or threatened harm to

a child's health or welfare by a person responsible for the child. This includes non-

accidental physical or mental injury, sexual abuse or neglect (10A O.S. § 1-2-101).

 Physical abuse is non-accidental physical injury to a child.

 Mental injury is an injury to a child's psychological growth and development. It is

caused by a chronic pattern of behaviors, such as belittling, humiliating and ridiculing

a child.

 Sexual abuse, in general terms, includes any sexual activity between an adult and a

child for the purpose of sexually stimulating the adult, the child or others. Sexual

abuse may also be committed by a person under the age of 18 when that person is

either significantly older than the victim or is in a position of power or control over the

child.

 Neglect is the failure of the parent or caretaker to provide a child with basic needs

such as food, clothing, shelter, medical care, protection and supervision.

 Threatened harm means a substantial risk of harm to the child. It may include acts or

expressions of intent to inflict actual harm presently or in the future.

Who must report? Every person, private citizen or professional, who has reason to

believe that a child has been abused, is mandated by law to promptly report suspected

abuse. Failure to do so is a misdemeanor. A person making a report in good faith is

immune from civil or criminal liability. The name of the reporter is kept confidential.

When to report? A report should be made when there is reasonable cause to believe

that a child has been abused or neglected or is in danger of being abused. A report of

suspected abuse is a request for an investigation. Investigation of child abuse reports is

the responsibility of Child Welfare workers and, when a crime may have been committed,

law enforcement officials.

If other incidents of abuse occur after the initial report has been made, another report

should be made.

How is abuse reported? A report may be made to the 24-hour statewide Child Abuse

and Neglect Hotline, 1-800-522-3511.

SUPPLEMENT III

Child Care Programs 159 Effective 6-1-2022

USE ZONES

SINGLE-AXIS SWINGS

Six feet in all directions and to the front and

rear of the swing a distance two times the

length of the swing's chain.

SWING SECURED BY BAR OR STRAP

Six feet from the midpoint to the front and

the rear of the swing.

MULTI-AXIS OR TIRE SWINGS

Six feet plus the length of the chain in

every direction, and a 30-inch clearance

between the seating surface of a fully

extended tire swing and the support

structure.

SUPPLEMENT III

Child Care Programs 160 Effective 6-1-2022

CLIMBING STRUCTURES

A minimum of six feet in all directions from the perimeter of the equipment.

Simple Arch Climber

Geodesic Dome Climber

Arch Climber

Chain Net Climber

Tire Climber

SLIDES

Six Feet in all directions from the perimeter of the equipment.

Refer to Use Zone requirements for non-portable play equipment, with a fall height of

30 inches or less.

SUPPLEMENT IV

Child Care Programs 161 Effective 6-1-2022

CHILD PASSENGER RESTRAINT SYSTEM

Oklahoma Statute

47 O.S. Section 11-1112

(Amended 06-06-17)

A. Every driver, when transporting a child under eight (8) years of age in a motor vehicle

operated on the roadways, streets, or highways of this state, shall provide for the

protection of said child by properly using a child passenger restraint system as follows:

1. A child under four (4) years of age shall be properly secured in a child passenger

restraint system. Except as provided in subsection G of this section, the child passenger

restraint system shall be rear-facing until the child reaches two (2) years of age or until

the child reaches the weight or height limit of the rear-facing child passenger restraint

system as allowed by the manufacturer of the child passenger restraint system, whichever

occurs first; and

2. A child at least four (4) years of age but younger than eight (8) years of age, if not taller

than 4 feet 9 inches in height, shall be properly secured in either a child passenger

restraint system or child booster seat.

For purposes of this section and Section 11-1113 of this title, "child passenger restraint

system" means an infant or child passenger restraint system which meets the federal

standards as set by 49 C.F.R., Section 571.213.

B. If a child is eight (8) years of age or is taller than 4 feet 9 inches in height, a seat belt

properly secured to the vehicle shall be sufficient to meet the requirements of this section.

C. The provisions of this section shall not apply to:

1. The driver of a school bus, taxicab, moped, motorcycle, or other motor vehicle not

required to be equipped with safety belts pursuant to state or federal laws;

2. The driver of an ambulance or emergency vehicle;

3. The driver of a vehicle in which all of the seat belts are in use;

4. The transportation of children who for medical reasons are unable to be placed in such

devices, provided there is written documentation from a physician of such medical reason;

5. The transportation of a child who weighs more than forty (40) pounds and who is being

transported in the back seat of a vehicle while wearing only a lap safety belt when the

back seat of the vehicle is not equipped with combination lap and shoulder safety belts,

or when the combination lap and shoulder safety belts in the back seat are being used by

other children who weigh more than forty (40) pounds. Provided, however, for purposes

of this paragraph, back seat shall include all seats located behind the front seat of a

vehicle operated by a licensed child care facility or church. Provided further, there shall

be a rebuttable presumption that a child has met the weight requirements of this

SUPPLEMENT IV

Child Care Programs 162 Effective 6-1-2022

paragraph if at the request of any law enforcement officer, the licensed child care facility

or church provides the officer with a written statement verified by the parent or legal

guardian that the child weighs more than forty (40) pounds.

D. A violation of the provisions of this section shall be admissible as evidence in any civil

action or proceeding for damages unless the plaintiff in such action or proceeding is a

child under sixteen (16) years of age.

In any action brought by or on behalf of an infant for personal injuries or wrongful death

sustained in a motor vehicle collision, the failure of any person to have the infant properly

restrained in accordance with the provisions of this section shall not be used in

aggravation or mitigation of damages.

E. A person who is certified as a Child Passenger Safety Technician and who in good

faith provides inspection, adjustment, or educational services regarding child passenger

restraint systems shall not be liable for civil damages resulting from any act or omission

in providing such services, other than acts or omissions constituting gross negligence or

willful or wanton misconduct.

F. Any person convicted of violating subsection A of this section shall be punished by a

fine of Fifty Dollars ($50.00) and shall pay all court costs thereof. Revenue from such fine

shall be apportioned to the Department of Public Safety Restricted Revolving Fund and

used by the Oklahoma Highway Safety Office to promote the use of child passenger

restraint systems as provided in Section 11-1113 of this title. This fine shall be suspended

and the court costs limited to a maximum of Fifteen Dollars ($15.00) in the case of the

first offense upon proof of purchase or acquisition by loan of a child passenger restraint

system. Provided, the Department of Public Safety shall not assess points to the driving

record of any person convicted of a violation of this section.

G. A driver of a vehicle who has been rightfully issued a detachable placard indicating

physical disability under the provisions of Section 15-112 of this title or a physically

disabled license plate under the provisions of Section 1135.1 or 1135.2 of this title and

valid letter of forward-facing exemption issued from the Department of Public Safety shall

be permitted to transport a child passenger under four (4) years of age in a forward-facing

child passenger restraint system. The placard and forward-facing exemption letter must

be present in the vehicle to be in compliance.

SUPPLEMENT IV

Child Care Programs 163 Effective 6-1-2022

CHILD PASSENGER SAFETY IN OKLAHOMA

Most Frequently Asked Questions

 What is the purpose and intent of the child passenger restraint law?

Car crashes are the number one cause of injury and death to children in Oklahoma.

A 45-lb. child in a 30-mph crash will be thrown with a force of 1,350 lbs.

Fortunately, child safety seats provide a 45-70 percent reduction in significant

injuries, depending on the type of seat that is used (booster seat, convertible seat,

infant seat, etc.).

 What are the statistics on death or serious injuries in Oklahoma?

More than 20 children under 6 years of age die each year in motor vehicle crashes,

and more than 1,100 children are injured, many permanently. More than 70

percent of children who die are not in a child safety seat.

 What does the law require?

Children under the age of 8 must be transported using a car seat or booster seat.

All children under age 4 must be properly secured in a car seat with an internal

harness.

 A 5-point harness is the safest restraint system and should be used as long as

possible (until the child exceeds the harness’ weight limit).

Children under age 2 must be properly secured in a rear-facing car seat.

 Rear-facing is the safest way for small children to travel, and they should

remain rear-facing until they reach 2 years of age or until they exceed the height

or weight limit of the car seat.

 Riding rear-facing with legs bent or against the back of the seat is a safe and

comfortable position for children. This position best protects their head, neck

and spinal cord in the event of a crash.

Children ages 4-7 must ride in a child passenger restraint system or booster seat

unless they are taller than 4’9”.

SUPPLEMENT IV

Child Care Programs 164 Effective 6-1-2022

 Are there exemptions to the law that affect child care facilities?

Exemptions include:

 school buses, over 10,000 lbs., or any vehicle not required by law to be

equipped with seat belts; and

 medical issues prohibiting use of belt or restraint system.

 What about older vehicles that do not have shoulder belts in the back seat?

What about the center back seat position, which usually does not include a

shoulder belt?

Belt positioning booster seats require the use of a lap/shoulder belt. There are

only a few seats that do not. For this reason, an exemption was included in the

law. The law “shall not apply to . . . the transportation of a child who weighs more

than 40 lbs. and who is being transported in the back seat of a vehicle while

wearing only a lap safety belt when the back seat of the vehicle is not equipped

with combination lap and shoulder safety belts, or when the combination lap and

shoulder safety belts in the back seat are being used by other children who weigh

more than 40 lbs.”

While lengthy, the exemption was worded this way in part to prevent a motorist

from placing a 4- or 5-year-old child in the center lap belt with no booster seat, with

empty lap/shoulder belts on either side. This wording closes that loophole for

motorists who would deliberately attempt to skirt the law.

 Are there different types of booster seats?

Booster seats for children over 40 lbs. (about 4 years old) generally fall into two

categories: backless boosters and high-back boosters. Both are considered "belt-

positioning" boosters, because they help to properly position the lap belt on the

child's lap and hip bones, rather than the abdomen.

High-back boosters are recommended for positions in vehicles that do not have

head rests (usually older vans and pickup trucks). Both seats achieve the same

thing: they boost the child high enough so that the seat belt fits properly.

Both require the use of a lap/shoulder belt.

SUPPLEMENT IV

Child Care Programs 165 Effective 6-1-2022

 What are some important facts to remember considering the transportation

of children?

Be sure that any booster seat, car seat or infant seat is used according to the

manufacturer's instructions.

Ensure that the type of passenger restraint system is used properly with the type

of seat belt system that is installed in your vehicle.

Remember to verify the particular car seat is appropriate for the specific height and

weight of the child that is being transported.

 What resources are available to help low-income families obtain car seats or

booster seats?

Some county health departments distribute free seats, mostly to WIC-eligible clients.

SAFE KIDS offers subsidized seats to families who receive public assistance. The

cost to the client is $15 per car seat. Car seats are distributed during community car

seat events to eligible families on a first-come, first-served basis. Contact Safe Kids

for a list of events in your area.

 Where can I receive more information regarding transportation safety of

children?

For more information, call Safe Kids Oklahoma at 405-789-6711 or

visit their website at http://www.safekidsok.org/.

Child Care Programs 166 Effective 6-1-2022

REVISIONS TO REQUIREMENTS FOR

CHILD CARE PROGRAMS

Requirements reflect revisions to Licensing Requirements for Child Care Programs.

March 22, 2022 Governor approves proposed requirement revisions.

June 1, 2022 Effective date of revisions.

INDEX

Child Care Programs 167 Effective 6-1-2022

Accident ............................ See Injuries

Addendums ...................................... 92

Child care centers ........................... 92

Day camps ...................................... 93

Drop-in ............................................ 96

Out-of-school time ........................... 97

Part-day ......................................... 100

Sick children .................................. 102

Alternate play areas ........................... 5

Alternative diaper changing area .... 65

Animals ............................................. 56

Auxiliary personnel .... See Personnel,

Support personnel

Background investigations ............. 28

Basements ........................................ 78

Bathrooms .............See Hand washing

facilities, See Toileting facilities

Behavior and guidance See Discipline

Bleach water solution .. See Appendix

Bottles ............................................... 68

Labeling ........................................... 68

Propping .......................................... 68

Breastfeeding ................................... 68

Breastmilk ......................................... 69

Business, located in program ........... 5

Capacity .......... See Licensed capacity

Carbon monoxide alarms ................ 78

Change of business entity ................. 3

Change of ownership .. See Change of

business entity

Child abuse

Cooperation in investigation .............. 3

Investigation involving personnel..... 13

Mandatory reporting .......................... 7

What is Child Abuse? See Supplement

Child care center ...... See Addendums

Child Care Restricted Registry ....... 28

Child passenger safety .................. See

Supplement IV

Child records .................................... 26

Cleaners, sanitizers, and

disinfectants ........ See Appendix NN

Cleanliness and sanitation .............. 87

Equipment ....................................... 87

Facility ............................................. 87

General ........................................... 87

Outdoor play areas .......................... 87

Trash and rubbish ........................... 87

Collaborations .................................... 5

Compliance file ................................. 20

Contracted non-personnel .............. 42

Contracted personnel ...................... 42

CPR .................................................... 33

Cribs, play yards .............................. 83

Safety guidelines ............................. 83

Criminal history prohibitions .......... 29

Criminal history restriction waivers 30

Day camps ................ See Addendums

Death of a child, Notifying Licensing

........................................................ 13

Definitions ........................................... 1

Diapering and toileting .................... 65

Procedures .............. See Appendix KK

Director ............................................. 35

Oklahoma Director's Credential ..... See

Appendix EE

Presence in facility .......................... 35

Qualifications ................................... 93

Responsibilities ............................... 35

Disabilities, Children with ................ 44

Discipline .......................................... 48

Appropriate ...................................... 48

Inappropriate ................................... 48

Inappropriate food reward ............... 49

Drop-in programs ..... See Addendums

Electronic records ............................ 16

Emergency plans and procedures ... 9,

12, 21

Emergency preparedness ............... 21

Equipment ...............See Appendix MM

General ........................................... 83

Indoor .............................................. 84

Outdoor ........................................... 84

Rest equipment (mats, cots, cribs,

play yards) .................................... 83

Facility ............................................... 75

Construction .................................... 75

Electrical cords and outlets ............. 75

Exits ................................................ 78

Fire extinguishers ............................ 79

INDEX

Child Care Programs 168 Effective 6-1-2022

Heating ............................................ 76

Portable space heaters ................... 76

Smoke detectors ............................. 78

Fall zone ......................... See Use zone

Fencing ............................... 81, 98, 100

Fingerprints ...................................... 28

Fire department .................................. 3

Fire drills ........................................... 12

Fire safety ......................... See Facility

First aid certification .................. 25, 33

First aid kits .......................... 10, 18, 61

Food service ..................................... 70

Catering food ................................... 72

Cleaning and sanitizing ................... 73

Equipment ....................................... 73

Food service personnel ................... 74

Preparing food ................................. 72

Protecting food ................................ 71

Transporting food ............................ 72

Food sources .................................... 70

Groups .... See Ratios and group sizes

Guns ............................... See Weapons

Hand sanitizers . 60, See Appendix HH

Hand washing .. See Health protection

and disease control

Hand washing facilities .................... 77

General requirements ...................... 78

Number of sinks .............................. 77

Hazards ............................................. 85

2-year-olds and younger ................. 86

General ........................................... 85

Storage of toxic items ...................... 85

Health department ............................ 70

Health protection and disease control

........................................................ 60

Disease control and reporting ......... 14

Hand hygiene .. 60, See Appendix HH

Head lice ......................................... 61

Health monitoring ............................ 60

Tobacco-free ................................... 61

Higher risk activities ........................ 53

Immunizations Schedule ............... See

Appendix II

Impact-absorbing materials ..... 22, 82,

101

Inactive status .................................... 4

Indoor play areas.............................. 80

Injuries .............................................. 61

Injury and poison exposure log ....... 22

Injury or poison exposure report ...... 26

Notifying licensing ........................... 13

Notifying parents ............................. 14

Insurance ....... See Liability insurance

Joshua's List ............... See Child Care

Restricted Registry

Law .................................................. 136

Oklahoma Child Care Facilities

Licensing Act ........ See Supplement I

Learning program principles ........... 50

Daily classroom schedules .............. 50

Electronic and print media (screen

time) ............................................. 51

Interest areas .................................. 51

Outdoor play .................................... 51

Program for 1-year-olds and younger

..................................................... 52

Weekly lesson plans ........................ 50

Liability insurance .............................. 7

Licensing notification ....................... 13

Parent notification............................ 17

Program liability insurance ................ 7

Licensed capacity ............................ 43

Limited food service ........................ 70

Lock-down .......................................... 9

Lock-down and relocation procedures

reviews ......................................... 12

Master teachers .......... See Personnel,

Teaching personnel

Meals and snacks ............................. 67

Medication ........................................ 62

Administration ................................. 62

Labeling and storing ........................ 62

Menus ................................................ 68

Naptime .......................... See Rest time

Night-time care .....See Overnight care

Non-personnel .................................. 42

Non-personnel records .................... 24

Notifications. ....... See Posted records

Nutrition ............................................ 67

Oklahoma Child Care Facilities

Licensing Act ....... See Supplement I

INDEX

Child Care Programs 169 Effective 6-1-2022

Oklahoma Professional Development

Ladder .... 32, 34, 37, 93, 97, 100, See

Appendix FF

Other business, shared facility, and

collaborations .................................. 5

Outdoor play areas

Entrapment ...................................... 84

Fencing ........................................... 81

Impact-absorbing materials ............. 22

Location ........................................... 81

Maintenance .................................... 87

Shade .............................................. 81

Square footage ................................ 80

Surfaces .......................................... 82

Unitary materials ............................. 82

Use zones ....................................... 80

Out-of-school time ... See Addendums

Overnight care ...................... 44, 60, 67

Parent communication ..................... 59

Part-day ..................... See Addendums

Personnel .......................................... 24

Other personnel/non-personnel ....... 42

Support personnel ........................... 40

Teaching personnel ......................... 37

Personnel in charge ......................... 35

Personnel records ............................ 24

Pesticides ......................................... 85

Phones .............................................. 10

Emergency phone numbers ............ 11

Locations and access ...................... 10

Physical environment checklist ...... 22

Play yards ............................. See Cribs

Playground ... See Outdoor play areas

Poison control ............................ 10, 17

Policy and procedure ......................... 7

Personnel policy ................................ 8

Program policy .................................. 7

Volunteer policy ................................. 8

Portable space heaters .................... 76

Posted records ..................... 17, 93, 97

Potentially hazardous foods ........... 71

Probationary master teacher ..... 24, 37

Professional development

Child passenger ............................ 40

CPR & first aid ................................. 33

Documentation ................................ 24

Entry Level Child Care Training ...... 33

Food service .................................... 40

Formal ............................................. 34

Infection control ............................... 34

Informal ........................................... 34

Orientation ....................................... 32

Professional development plan 24, 32

Program records and documentation

........................................................ 20

General records and documentation 20

Prohibited equipment ...................... 84

Prohibited individuals ...................... 31

Ratios and group sizes See Appendix

Relocation ........................................... 9

Procedures reviews ......................... 12

Reporting .......................................... 13

Health department ........................... 14

Licensing ......................................... 13

Parents ............................................ 14

Rest time ........................................... 63

1-year-olds through 4-year-olds ...... 64

5-year-olds and older ...................... 64

Appropriate sleep environment ....... 63

Inappropriate sleep environment ..... 63

Infant safe sleep environment ......... 63

Infants ............................................. 63

Rest equipment ............................... 64

Rest equipment and bedding .......... 63

Restrictions ..................................... 64

Restricted Registry .......................... 28

Salmonella cross-contamination

prevention ...................................... 57

Screen time ....................................... 51

Shared facility ..................................... 5

Shelter-in-place .................................. 9

Sick children ............. See Addendums

Sick children, Exclusion criteria ...... See

Appendix JJ

Smoke detectors .............................. 78

Smoking .................. See Tobacco-free

Space ..... See Outdoor play areas, See

Indoor play areas

Special activities ........ See Higher risk

activities

INDEX

Child Care Programs 170 Effective 6-1-2022

Special needs ............ See Disabilities,

Children with

Specialized service professional

permission and release ................ 26

Staff .............................. See Personnel

Staff/child ratios ......... See Ratios and

group sizes

Substitutes ........................................ 39

Supervision ....................................... 46

Exception-6-year-olds or older

children ......................................... 46

Off-site ............................................. 46

Transportation ................................. 46

Swimming ............ See Water activities

Temperature ..................................... 76

Indoor .............................................. 76

Water ............................................... 78

Tobacco-free ..................................... 61

Toilet learning ................................... 65

Toileting facilities ............................. 77

Tornado drills ................................... 12

Toxic materials ................................. 85

Training .................... See Professional

development

Transportation .................................. 89

Driver ............................................... 89

General ........................................... 89

Passenger restraints, seating and

airbags ......................................... 90

Vehicles ........................................... 90

Use zones

Diagrams ............... See Supplement III

Volunteers ......................................... 42

Water ................................................. 76

Mixed-valve ..................................... 77

Temperature .................................... 78

Water activities ................................. 54

Weapons ........................................... 85

Well water ......................................... 77

DHS Pub. No.14-05 Revised 06/22

is publication is authorized by Oklahoma Department of Human Services Director Justin Brown and print-

ed by DHS in accordance with state and federal regulations at a cost of $4,160.10 for 7,500 copies. Copies have

been deposited with the Publications Clearinghouse of the Oklahoma Department of Libraries. Members of

the public may obtain copies by calling 1-877-283-4113 (toll free) or by downloading a copy at www.okdhs.org/

librar y.