1. (a) Legal basis and authority. Per Section 405 of Title 10 of the Oklahoma Statutes [10 O.S. § 405] the Oklahoma Child Care Facilities Licensing Act, no child care facility may be operated or maintained in this state, unless licensed or given permission to operate by Oklahoma Human Services.
2. (b) Unlicensed residential facility and child-placing agency (agency) investigation procedures. When information is received regarding an unlicensed residential facility or agency operation, Licensing staff conducts a full monitoring visit no later than three facility or agency-business days to assess license necessity, unless an unlicensed duplicate complaint is determined, per Oklahoma Administrative Code (OAC) 340:110-1-47.1.
3. (1) When care or child-placing activity is provided, Licensing staff informs the operator permission to operate has not been granted, and the operator is violating the Oklahoma Child Care Facilities Licensing Act, [10 O.S. § 405]. During the visit, the operator is informed on Form 07LC095E, Notice Regarding Unlicensed Care, that:
4. (A) care or agency activity must cease by the end of the current facility or agency business day unless imminent risk indicates the need for the operator or agency to cease care or operation immediately; or
5. (B) permission to operate may be granted, per procedures in OAC 340:110-1-6.
6. (2) When an operator is not granted permission to operate, a follow-up visit is conducted within one facility or agency business day verifying termination of care or operation. The follow-up visit timeframe may be extended up to five facility or agency-business days with programs supervisor approval, and the approval is documented on Form 07LC080E, Licensing Services Supplemental Information. When care of children or operation has not ceased, Licensing staff proceeds, per OAC 340:110-1-52.
7. (3) When a license is not required, Licensing staff documents the unlicensed operation investigation on Form 07LC080E, Licensing Services Supplemental Information.
8. (c) Findings documentation. Licensing staff proceeds, per OAC 340:110-1-47.1 for unlicensed complaint finding documentation. All facility and agency staffings and actions are documented on Form 07LC080E, Licensing Services Supplemental Information, and maintained in the case.
9. (d) Out-of-state child-placing agency investigating procedures.
10. (1) The Licensing staff provides Licensing requirements and licensure information to the owner, with a request for a response within 14-calendar days.
11. (2) When a response is not received within 14-calendar days, Licensing staff follows up with the owner.
12. (3) When the owner fails to apply for licensure as required, the Licensing staff consults with the programs supervisor and statewide licensing coordinator for appropriate action.

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

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

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

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

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

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

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