1. (a) Purpose. In lieu of license denial or revocation recommendation, Oklahoma Human Services may offer to enter into a consent agreement with a child care program, residential program, or child-placing agency (agency) operator. If such action has already taken place a consent agreement may be used during the appeal process if the operator establishes compliance with Licensing requirements. A consent agreement is not required prior to denial or revocation processes.
2. (b) Process. When the documented evidence reflects the operator is unable or unwilling to comply with minimum requirements, Licensing staff discusses the use of a consent agreement with the Licensing supervisor and regional programs manager (RPM), or programs supervisor. When the RPM, programs supervisor, and the statewide licensing coordinator or designee concur with this action, an office conference is scheduled with the operator.
3. (1) Prior to the office conference, the Licensing supervisor, RPM or programs supervisor, and statewide licensing coordinator or designee discuss acceptable consent agreement terms. The statewide licensing coordinator or designee develops the agreement terms and time frames based on the nature and severity of the program's or agency's non-compliance history.
4. (A) The agreement may include voluntary restrictions, such as:
5. (i) prohibition on future children's enrollment or resident's admissions;
6. (ii) restriction on the ages and number of children or residents accepted into care;
7. (iii) reduction in the facility's capacity or operating hours; or
8. (iv) restriction of transportation or other services provided by the program or agency.
9. (B) The agreement may also require additional terms, such as:
10. (i) professional development;
11. (ii) drug testing or medical evaluation;
12. (iii) additional staffing and supervision procedures; or
13. (iv) additional record keeping.
14. (C) Time frames to initiate and conclude the agreement are established and may be extended with the statewide Licensing coordinator's or designee's approval.
15. (2) Non-compliances and the consent agreement terms are discussed during the office conference. The conference is documented on Form 07LC080E, Licensing Services Supplemental Information, and is signed by the operator, Licensing representatives, and any witness present. A copy is provided to the operator.
16. (3) The operator is advised to prominently post the consent agreement in the facility or agency. During the next monitoring visit, the Licensing staff verifies the agreement is posted. When not posted, Licensing staff documents a violation of the consent agreement terms.
17. (4) Parent and guardian notifications are provided, per (A) through (C) of this paragraph.
18. (A) Operators are requested to provide parent or legal guardian addresses for:
19. (i) currently enrolled children or residents within five-business days of the consent agreement effective date: and
20. (ii) new children or residents upon enrollment or admission to the program.
21. (B) When the operator has not provided the parent or guardian information, Licensing staff records the information from the children's or resident's records during the next monitoring visits.
22. (C) Upon information receipt, the Licensing staff mails a cover letter with a copy of the consent agreement to:
23. (i) parents of children currently or newly enrolled at the program; or
24. (ii) parents or guardians of current or newly admitted residents.
25. (c) Consent agreement violations. Any violation of consent agreement terms is considered grounds for recommending license denial or revocation.
26. (d) Appeals. As consent agreement participation is voluntary, the operator cannot appeal the agreement.

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

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 21 Ok Reg 910, eff 6-1-04

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

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

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

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

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