Okla. Admin. Code § 340:110-1-6 – Inquiries and request for license process

(a) Inquiries. Child care program, residential program, or child-placing agency license inquiries are referred to the appropriate Licensing staff. Licensing determines licensure necessity per, Oklahoma Child Care Facilities Licensing Act, Section 403 of Title 10 of the Oklahoma Statutes (10 O.S. § 403). Programs exempt from licensure may request licensure.
(b) Licensing exemptions. Program exemptions include (1) through (3) of this subsection.
(1) Tribal reservation, Indian country, and federal facilities. Facilities located on tribal reservations or in Indian country and federal child care facilities not requiring a state license that may request licensure are:
(A) on Indian tribal land;
(B) licensed by a tribe, with a Child Care Services (CCS) cooperative Licensing agreement; and
(C) operating or on military bases or federal property.
(2) In-home caregiver. CCS Subsidy approves contracted child care when care is provided in the child's own home and no license is required.
(3) Additional exemptions. Programs not designed or intended for child care include:
(A) programs operating less than 10 weeks annually;
(B) summer programs operating less than eight hours per day;
(C) programs serving children 3 years of age and older, offering elementary education in kindergarten through third grade;
(D) summer youth camps, summer programs, or after-school programs for children who are at least 4 years of age, 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;
(E) programs providing care and supervision for school-aged children only in a center-based program for 21 or fewer hours per week and located in a county with a population of less than 100,000, per the latest Federal Decennial Census;
(F) programs where children are limited from enrolling in multiple sessions because of the type of activity or ages accepted;
(G) programs where children are not enrolled by the parents and free to come and go;
(H) child care facilities including family child care homes providing care and supervision for 15 or fewer hours per week;
(I) sponsors operating two or more programs in the same building when each operates 15 hours or less per week; and
(J) programs where children attend on a drop-in basis and parents are on the premises and readily accessible.
(c) Request for licensing information. The request for license is available through an online submission process. When an inquirer indicates an interest in becoming licensed or licensure is required, Licensing staff:
(1) discusses the online request for license process; and
(2) follows procedures in Oklahoma Administrative Code (OAC) 340:110-1-13 or 340:110-1-54.1, when the program is currently providing child care, residential care, or child-placing activity. Licensing informs the inquirer not to provide child care, residential care, or child-placing activity without permission to operate from CCS, per (h) of this Section.
(d) Request for license. When request for license information is submitted, Licensing staff:
(1) verifies all required information is submitted;
(2) provides the applicant with Licensing information;
(3) refers the applicant to other regulatory agencies, such as fire and health departments, and local city and zoning officials, when applicable; and
(4) follows procedures in OAC 340:110-1-13 or 340:110-1-54.1, when the program is currently providing child care, residential care, or child-placing activity. Licensing informs the inquirer not to provide child care, residential care, or child-placing activity without permission to operate from CCS, per (h) of this Section;
(5) issues a permit within 45-calendar days or completes Form 07LC080E, Licensing Services Supplemental Information, when appropriate and documents timeframe extension circumstances.
(e) Incomplete request for license. Licensing staff documents discussions regarding incomplete request for license submissions and missing information on Form 07LC080E, Licensing Services Supplemental Information, when appropriate.
(f) Withdrawal of request for license. When an applicant:
(1) requests withdraw prior to the request for license being processed, Licensing staff contacts the state office designee for further instructions;
(2) requests to withdraw after the request for license is processed but prior to permit issuance, Licensing staff:
(A) documents the withdrawal request on Form 07LC080E, Licensing Services Supplemental Information;
(B) confirms no children or residents are in care or no child-placing activity is conducted, if applicable;
(C) provides a letter to the applicant verifying withdrawal request; and
(D) may close the case, unless negative action is warranted; and
(3) has remained on application status for more than 12 months, the applicant is requested to withdraw the request for license. When the applicant:
(A) agrees to withdraw the request, Licensing staff:
(i) documents this discussion on Form 07LC080E;
(ii) provides a letter confirming the discussion and notifying the applicant of request for license withdrawal; and
(iii) proceeds with case closure; or
(B) does not agree to withdraw the request, Licensing staff:
(i) documents this discussion on Form 07LC080E;
(ii) provides a letter notifying the applicant of case closure within 10-calendar days of receipt of letter; and
(iii) proceeds with case closure.
(g) Application monitoring visit. Licensing staff conducts a monitoring visit to determine compliance with requirements. Licensing staff:
(1) reviews the request for license information;
(2) discusses and documents any incomplete or incorrect information on Form 07LC080E, Licensing Services Supplemental Information. Form 07LC080E is provided to the applicant;
(3) provides program consultation regarding quality care and quality rating and improvement (QRIS) criteria;
(4) discusses Oklahoma Human Service (OKDHS) subsidy contract opportunities and documents that contract information was provided to the applicant, when applicable; and
(5) proceeds with permit issuance, per OAC 340:110-1-8 or 340:110-1-46, when applicable.
(h) Permission to operate. Regional programs manager or programs supervisor consult with the statewide licensing coordinator regarding approving programs to operate on application status.
(1) Permission to operate may be considered when Licensing determines:
(A) services are needed; however an applicant is temporarily unable to comply with all Licensing requirements; and
(B) compliance with health and safety requirements without serious non-compliances, per OAC 340:110-1-9.3 or OAC 340:110-1-47.2.
(2) Permission to operate may be granted when the operator:
(A) submits required request for license information;
(B) provides all required background information, per OAC 340:110-1-8.1; and
(C) has personnel present meeting Licensing requirements regarding:
(i) documented current cardio-pulmonary resuscitation and first aid certification;
(ii) completion of required health and safety training;
(iii) minimum educational qualifications, per assigned position; and
(iv) in addition, personnel with certification in behavioral intervention techniques for:
(I) residential programs; and
(II) independent living programs, when applicable.
(3) Permission to operate cannot exceed 30-calendar days.
(4) When permission to operate is not granted, phone contact is made every 60-calendar days and documented on Form 07LC080E, Licensing Services Supplemental Information.
(i) Primary caregiver and spouse license issuance. When requested, a license may be issued to a primary caregiver and his or her spouse. References are obtained for both individuals, and both must demonstrate requirement compliance. A primary caregiver must be identified and meet all primary caregiver requirements.
(j) Alternative residence. Care may be provided in a location other than the primary caregiver's residence.
(k) Reopening a family child care home. When a family child care home was closed for less than 12 months and had a record of compliance prior to closure, Licensing staff requests the operator to complete on-line submission of request for license and may recommend license issuance after one compliant monitoring visit. Previous references are used. Prior to license issuance, background investigations are conducted, per OAC 340:110-1-8.1.
(l) Reopening a child care center, day camp, drop-in, out-of-school time, part-day program, or program for sick children. When a program was closed and the same owner requests to reopen, Licensing staff requests the operator to complete on-line submission of request for license.
(1) Fire and health inspections completed within the last 12 months, are used unless concerns exist.
(2) When the program was closed less than 12 months:
(A) previously obtained director references are used;
(B) background investigations are conducted, per OAC 340:110-1-8.1; and
(C) with a record of compliance prior to closure, Licensing staff may recommend license issuance after one compliant monitoring visit.
(m) Reopening a residential program or child-placing agency. When a residential program or child-placing agency was closed and the same owner requests to reopen, Licensing staff requests the operator to complete on-line submission of request for license.
(1) Fire and health inspections completed within the last 12 months, are used unless concerns exist.
(2) When the program was closed less than 12 months:
(A) background investigations are conducted, per OAC 340:110-1-8.1; and
(B) with a record of compliance prior to closure, the Licensing staff may recommend license issuance after one compliant monitoring visit.
(n) Family child care homes approved to provide foster care. A primary caregiver approved to provide foster care may be licensed as a family child care home. The primary caregiver cannot be licensed when approved for therapeutic foster care, per OAC 340:75-7-19. The approval for dual service is made by the Licensing supervisor prior to each child placement, based on the recommendation of Licensing staff and OKDHS foster care staff. Licensing staff completes Form 07LC099E, Dual Approval Request for Foster Care Placement. When a joint consensus is not achieved, either division may request a review by the dual approval committee for a final decision. The decision for approval is:
(1) based on the number, ages, and children's specific needs potentially eligible for child care and foster care and a written agreement from the primary caregiver stating the individual(s) from whom the child was removed will not be present during the child care hours;
(2) documented in the case; and
(3) reviewed with the primary caregiver and foster care worker at least once every 12 months or when concerns exist.

Amended at 10 Ok Reg 2369, eff 6-11-93

Amended at 11 Ok Reg 385, eff 10-15-93 (emergency)

Amended at 11 Ok Reg 2773, eff 6-13-94

Amended at 13 Ok Reg 325, eff 5-18-95 (emergency)

Amended at 13 Ok Reg 499, eff 11-14-95 (emergency)

Amended at 13 Ok Reg 2663, eff 6-28-96

Amended at 14 Ok Reg 2174, eff 5-14-97 (emergency)

Amended at 15 Ok Reg 1727, eff 5-11-98

Amended at 16 Ok Reg 285, eff 11-3-98 (emergency)

Amended at 16 Ok Reg 1080, eff 4-26-99

Amended at 16 Ok Reg 2527, eff 7-1-99

Amended at 18 Ok Reg 2144, eff 6-11-01

Amended at 19 Ok Reg 658, eff 2-1-02 (emergency)

Amended at 19 Ok Reg 1171, eff 5-13-02

Amended at 20 Ok Reg 1259, eff 6-1-03

Amended at 21 Ok Reg 910, eff 6-1-04

Amended at 22 Ok Reg 1304, eff 6-1-05

Amended at 23 Ok Reg 1092, eff 6-1-06

Amended at 24 Ok Reg 1351, eff 7-1-07

Amended at 25 Ok Reg 1962, eff 7-1-08

Amended at 26 Ok Reg 415, eff 11-20-08 (emergency)

Amended at 26 Ok Reg 2239, eff 7-1-09

Amended at 27 Ok Reg 48, eff 10-1-09 (emergency)

Amended at 27 Ok Reg 1869, eff 7-1-10

Amended at 29 Ok Reg 1229, eff 7-1-12

Amended at 34 Ok Reg 1640, eff 9-15-17

Amended at 40 Ok Reg 1033, eff 9-15-23

Amended at 42 Ok Reg, Number 20, effective 11-1-25