1. (a) Purpose. An Emergency Order directing a child care program, residential program or child-placing agency (agency) closure or immediate removal of children may be issued by Oklahoma Human Services when there is a direct and serious hazard to children’s health, safety, or well-being. Examples of serious hazardous situations may include, but are not limited to:
2. (1) serious injury or death of a child;
3. (2) a child at high risk for injury or death;
4. (3) compelling evidence of child abuse or neglect;
5. (4) children leaving a facility without personnel's knowledge;
6. (5) children left:
7. (A) at a location away from the facility;
8. (B) unattended in a vehicle; or
9. (C) alone in a facility; or
10. (6) serious non-compliance;
11. (7) an individual on the premises whose health or behavior may endanger children's health, safety or well-being;
12. (8) compelling evidence of illegal drugs or drug paraphernalia; or
13. (9) continued unlicensed program or agency operation.
14. (b) Emergency Order issuance. When the operator is unable or unwilling to correct the hazardous situation or refuses to voluntarily cease care or child-placing activity:
15. (1) the Licensing specialist or Licensing supervisor consults with the regional programs manager (RPM), programs supervisor, assistant licensing coordinator, or statewide licensing coordinator for consideration of Emergency Order issuance;
16. (2) the programs supervisor consults with the statewide licensing coordinator, Child Care Services (CCS) director, and Legal Services (LS) regarding residential program and agency Emergency Orders for appropriate action, per (b) through (k) of this Section;
17. (3) the RPM or programs supervisor contacts the operator by phone to determine if the operator will voluntarily cease care and operation. A voluntary cease care agreement by the operator does not prohibit Emergency Order issuance; and
18. (4) an Emergency Order is considered by the programs supervisor, assistant licensing coordinator, or statewide licensing coordinator within one -program or agency business day. The Emergency Order decision may be made by the programs supervisor, assistant licensing coordinator, or statewide licensing coordinator and upon making a decision, the official:
19. (A) issues and signs a written Emergency Order and notifies the Licensing staff, Licensing supervisor, RPM, assistant licensing coordinator, and statewide licensing coordinator; or
20. (B) documents the justification of Emergency Order denial on Form 07LC080E, Licensing Services Supplemental Information.
21. (c) Emergency Order provisions. The Emergency Order provisions include:
22. (1) basis for the Emergency Order;
23. (2) if the program is to close or cease specific services;
24. (3) if children will be removed from the facility;
25. (4) immediate effect of the Emergency Order, remaining effective until modified or rescinded;
26. (5) and the right to an Emergency Order hearing.
27. (d) Emergency Order service procedures. The Emergency Order service procedures are:
28. (1) prior to delivery, the Licensing staff contacts law enforcement and requests assistance in serving the Emergency Order; and
29. (2) an Emergency Order is served on the operator within one-program or agency business day of issuance, or an alternate date, when approved by the programs supervisor, assistant licensing coordinator, or statewide licensing coordinator.
30. (e) Removal of children. Procedures for removal of children are followed.
31. (1) The programs supervisor, assistant licensing coordinator, statewide licensing coordinator, or CCS director may give verbal approval for removal of children when:
32. (A) direct and serious hazard to children's health, safety, and well-being exists;
33. (B) the operator is unable or unwilling to correct the situation; and
34. (C) immediate removal from the facility is indicated.
35. (2) Parents or legal guardians are provided Form 07LC088E, Notice of Emergency Order, explaining the Emergency Order and how to locate other programs.
36. (3) Notification procedures are followed, per (A) or (B) of this paragraph.
37. (A) Parents or legal guardians are contacted by the operator or Licensing and advised to pick up children immediately. When every effort was made to contact the parents or legal guardians, and children are at imminent risk of harm, the Licensing staff contacts the programs supervisor, assistant licensing coordinator, or statewide licensing coordinator for approval to contact law enforcement requesting children be taken into protective custody or removed from the residential facility.
38. (B) The operator and parents or legal guardians are informed the program will not reopen on the following day.
39. (f) Emergency Order duration.
40. (1) The program or agency remains closed and care of children or child-placing activity is prohibited pending an Emergency Order hearing.
41. (2) Emergency Order modification or rescission may occur when documentation indicates the direct and serious hazard was corrected, or children are no longer at imminent risk of serious harm. When the Emergency Order is modified or rescinded, the operator is notified in writing.
42. (3) Licensing staff verifies Emergency Order compliance for 30-calendar days after the action becomes final, unless the Emergency Order is rescinded within the timeframe.
43. (g) Hearing process. Hearing processes in this subsection are followed.
44. (1) The operator may request a hearing by submitting a written request within 10-calendar days of Emergency Order receipt. The hearing is conducted within 10-calendar days from receipt of the request.
45. (2) When the hearing results are disputed, the operator may file an appeal in district court within 10-calendar days of the decision.
46. (h) Emergency Order violation. When an operator violates conditions set forth in the Emergency Order, after consultation with the approving official, the Licensing staff contacts a Council on Law Enforcement Education and Training (CLEET)-certified officer for assistance.
47. (i) Citation request. A referral for the assistance of a CLEET-certified officer is completed on Form 07LC097E, Citation Request.
48. (1) Licensing staff contacts a CLEET-certified officer to schedule a program or agency visit.
49. (2) Upon Emergency Order violations, a citation for not less than $100 nor more than $500 for every day the program or agency maintains, receives, or serves children may be issued by the CLEET-certified officer.
50. (3) Licensing staff and a CLEET-certified officer monitor the program or agency until care of children or child-placing activity has ceased.
51. (j) District Attorney (DA) referral. When violation of the Emergency Order occurs, Licensing staff consults with the programs supervisor, assistant licensing coordinator, or statewide licensing coordinator for the necessity of a DA referral. When a referral is necessary, Licensing staff completes Form 07LC098E, District Attorney Referral, including Licensing information. Information is provided to the statewide licensing coordinator who then notifies LS.
52. (k) Attorney General referral. When no action is taken by a DA the statewide licensing coordinator or designee may initiate an Attorney General referral.

<i>¹This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency amendatory action, the last effective permanent text of the Section is reinstated. Therefore, on 7-15-00 (after the 7-14-00 expiration of this emergency action), the text of 340:110-1-9.4 reverted back to the permanent text that became effective 7-1-99, as was last published in the 1999 OAC Supplement, and remained as such until amended again by permanent action on 6-11-01.</i>

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

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

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

Amended at 16 Ok Reg 3511, eff 7-13-99 through 7-14-00 (emergency)¹

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

Amended at 19 Ok Reg 221, eff 11-1-01 (emergency)

Amended at 19 Ok Reg 2274, eff 6-27-02

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

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

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