1. (a) Non-compliance documentation. Licensing staff clearly and concisely documents non-compliance on the monitoring checklist and summary, including operator discussion.
2. (1) Plans of correction documented on the monitoring summary include a specific agreed-on time period for non-compliance correction. Plans of correction for serious non-compliances or substantiated complaints also include methods to maintain compliance. When a previous non-compliance was not corrected by the agreed-on time period, the non-compliance is documented again with a reduced correction time frame.
3. (2) Immediate correction is required when the non-compliance directly impacts children's health, safety, or well-being.
4. (3) Licensing staff requests the signature of the operator or individual in charge on the monitoring summary, explaining the signature indicates acknowledgment of recorded information. Licensing staff documents in discussion when the operator or individual in charge declines to sign the monitoring summary.
5. (4) The operator is provided the monitoring summary.
6. (5) Grievance time frames may be discussed with the operator or individual in charge. Refer to grievance procedures, per Oklahoma Administrative Code (OAC) 340:110-1-15.
7. (b) Referrals to fire and health officials. When non-compliance regarding fire or health requirements places children at risk of harm or remains uncorrected, Licensing staff requests a fire, health, or Oklahoma Department of Environmental Quality inspection.
8. (c) Repeated and serious non-compliance. Procedures for repeated and serious non-compliance documentation are followed.
9. (1) Repeated non-compliance is three or more documented incidents of non-compliance with the same requirement within the last 12 months.
10. (2) Serious non-compliance is non-compliance with Licensing requirements exposing children to an imminent risk of harm based on the child's age, the amount of time the program or child-placing agency (agency) was out of compliance, and the program or agency efforts to mitigate the risk. Serious non-compliance is identified through Licensing observations, or confirmed complaint investigations. Failure to comply with Licensing requirements that may be considered as serious non-compliance include:
11. (A) staff-child ratio;
12. (B) child or resident supervision;
13. (C) infant sleep environments;
14. (D) prohibited disciplinary actions;
15. (E) licensed capacity;
16. (F) transportation;
17. (G) water activities;
18. (H) pools and other water hazards;
19. (I) multiple hazards;
20. (J) weapons;
21. (K) failure to report child abuse or human trafficking;
22. (L) knowingly permitting access to children by individuals identified as prohibited, restricted, or Restricted Registry registrants;
23. (M) failure to obtain background investigations or Restricted Registry searches;
24. (N) medication administration;
25. (O) room temperatures;
26. (P) heat sources or loss of any utility service;
27. (Q) cardio-pulmonary resuscitation and first aid training; or
28. (R) required behavior management training.
29. (d) Case management responses to non-compliant facilities. One or more responses in this subsection are used for repeated or serious non-compliance.
30. (1) Technical assistance. Licensing staff offers technical assistance, including referrals to consultants or professional development resources, and assisting the operator with meeting and maintaining Licensing requirements.
31. (2) Follow-up phone call. Phone calls regarding non-compliance follow-up are documented on Form 07LC080E, Licensing Services Supplemental Information, and provided to the operator.
32. (3) Non-compliance letter. A non-compliance letter may be provided to the operator. Licensing staff provides a monitoring summary with the non-compliance letter to the governing board or owner, when applicable.
33. (4) Return monitoring visit. A return monitoring visit may be conducted when there is repeated or serious non-compliance with Licensing requirements or when non-compliance places children at imminent risk of harm. When the non-compliance is associated with a specific time of day, the return monitoring visit is conducted at the approximate time.
34. (5) Use of witnesses. A witness may accompany Licensing staff when the program had repeated or serious non-compliance or considered for request for license denial or license revocation. The witness may be an Oklahoma Human Services employee, a representative from the fire or health department, or law enforcement. The witness signs the monitoring summary.
35. (6) Increased monitoring visits. Licensing staff may increase monitoring frequency plans when there was repeated or serious non-compliance or when the need for additional technical assistance is indicated.
36. (7) Notice to comply. Licensing staff provides the operator with Form 07LC037E, Notice to Comply, and the operator documents the plan of correction. Immediate correction may be required when the non-compliance places children's health, safety, or well-being at risk.
37. (A) When the plan submitted is unacceptable, Licensing staff negotiates a revised plan and requests submission within 10-calendar days.
38. (B) When Form 07LC037E, Notice to Comply, is not submitted within the specified time period, Licensing staff contacts the operator and documents the conversation.
39. (C) When non-compliances continue to place children or residents at risk, Licensing staff provides a letter stating non-compliances or continued failure to correct non-compliances may result in request for license denial, license revocation, filing of an injunction, or issuance of an Emergency Order.
40. (8) Office conference. Licensing staff may schedule an office conference with the program owner or operator. The programs supervisor is present at the office conference.
41. (A) Program status, non-compliance areas, and progress toward meeting the plan(s) of correction are reviewed and technical assistance is offered.
42. (B) The office conference is documented on Form 07LC080E, Licensing Services Supplemental Information and signed by Licensing staff, the operator, and witnesses. This documentation includes a list of individuals present, conference purpose, and re-verification of ownership documentation.
43. (C) Form 07LC037E, Notice to Comply, is completed when one addressing these issues was not previously completed.
44. (9) Consent agreement. A consent agreement may be established when the program owner agrees to specific conditions in lieu of request for license denial or license revocation, per OAC 340:110-1-9.5.
45. (10) Revocation or denial. Licensing staff may recommend the request for license be denied or license revoked when repeated or serious non-compliance was documented or the operator failed to adequately protect children, per OAC 340:110-1-10.
46. (11) Voluntary cease care. With Child Care Services (CCS) State Office approval, the owner is requested to voluntarily cease caring for children or child-placing activity. The programs supervisor is notified of any situation involving a request for voluntary cease care or child-placing activity.
47. (12) Voluntary closure. With CCS State Office approval, the owner is requested to voluntarily close the program, per OAC 340:110-1-10.
48. (e) Case management responses when children are at risk. When non-compliance with requirements or complaint allegations may place children's health, safety, or well-being at imminent risk of harm, Licensing staff consults with the programs supervisor for appropriate actions.
49. (1) The operator is requested to immediately correct the non-compliance.
50. (2) With CCS State Office approval, the owner is requested to voluntarily:
51. (A) cease care until the non-compliance is corrected or the investigation is complete; or
52. (B) close the program or agency.
53. (3) When immediate action is needed to protect children, Licensing staff requests an Emergency Order, per OAC 340:110-1.9.4.
54. (4) A consent agreement is established when the program owner agrees to specific conditions in lieu of request for license denial or license revocation, per OAC 340:110-1-9.5.
55. (5) Licensing staff may recommend the request for license be denied or license be revoked when repeated or serious non-compliance with requirements was documented or the operator failed to adequately protect children, per OAC 340:110-1-10.
56. (6) An injunction may be requested when the residential program or child-placing agency is:
57. (A) unlicensed;
58. (B) on request for license status;
59. (C) licensed;
60. (D) violating an Emergency Order;
61. (E) operating during an appeal following request for license denial or license revocation and children or residents are at risk of harm; or
62. (F) violating the notice to cease and desist care following request for license denial or license revocation.
63. (f) Notification to programs supervisor when children are at risk. During a monitoring visit when Licensing staff is concerned the children's health, safety, or well-being is at imminent risk, the programs supervisor or CCS State Office staff is contacted immediately.
64. (g) Alternative method of compliance. The statewide licensing coordinator or designee may approve an alternative method of compliance to a minimum Licensing requirement.
65. (1) An alternative method of compliance may be authorized when Licensing determines the alternative method of compliance:
66. (A) offers equal protection of children's health, safety, or well-being;
67. (B) meets the requirement's basic intent for the requested alternative compliance; and
68. (C) does not violate statutory requirements.
69. (2) An applicant or licensee submits a written request for each requirement identified with supporting documentation on Form 07LC061E, Alternative Compliance Request, to Licensing staff.
70. (3) Licensing staff completes Form 07LC105E, Alternative Compliance Referral, and submits all documentation to the statewide licensing coordinator or designee.
71. (4) Approval of an alternative method of compliance does not set a precedent and is independently evaluated.
72. (5) The program's compliance history is considered when determining approval.
73. (6) An alternative method of compliance is not authorized for requirements affecting children's health and safety, such as exceeding licensed capacity of a residential program, staff-child ratios, fire safety, or behavior and guidance.
74. (7) Form 07LC075E, Notice of Alternative Compliance, indicating the nature of the exception, is posted with the license.

Added at 20 Ok Reg 1274, eff 6-1-03

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

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

Amended at 28 Ok Reg 1669, eff 7-1-11

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

Amended at 30 Ok Reg 1376, eff 7-1-13

Amended at 33 Ok Reg 1683, eff 11-1-16

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

Amended at 36 Ok Reg 1907, eff 11-1-19

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

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