1. A. A child care facility shall maintain liability insurance coverage of at least Two Hundred Thousand Dollars ($200,000.00) for each occurrence of negligence. An insurance policy or contract required under this section shall cover injury to a child that occurs while the child is on the premises of the child care facility or in the care of the child care facility. B. The Department of Human Services shall promulgate rules providing for a standard form to be signed and dated by an insurance agent licensed in this state stating that the child care facility has an unexpired and uncancelled insurance policy or contract of at least Two Hundred Thousand Dollars ($200,000.00) that meets the requirements of this section. This form shall be completed annually and shall be kept in the file of the facility. C. Should the child care facility for financial reasons or for lack of availability of an underwriter willing to issue a policy be unable to secure the insurance required under subsection A of this section or should the policy limits be exhausted, the child care facility shall notify the parent or guardian of each child for whom the child care facility provides care a written notice that the liability coverage is not provided and there will not be a ground for suspension or revocation of the child care facility’s license under the Oklahoma Child Care Facilities Licensing Act. The child care facility shall also notify the Department that coverage is not provided and provide the reason for same. D. The Department shall promulgate rules providing for a standard form for the facility to provide to parents or guardians notifying the parents or guardians that the facility does not carry liability insurance for the reasons allowed in subsection C of this section. This form shall be signed and dated by a parent or guardian and maintained in the file of the child. If the facility is without insurance for reasons provided for in subsection C of this section for longer than one (1) year, the facility shall update this notification form with signatures and dates annually. In no case shall the inability to secure coverage serve to indemnify the child care facility due to negligence. E. The insurance policy or contract shall be maintained at all times in an amount as required by this section, except as provided for in subsections C and D of this section. Failure by a child care facility to renew the policy or contract or to maintain the policy or contract in the required amount is a ground for suspension or revocation of the child care facility license under the Oklahoma Child Care Facilities Licensing Act. F. This section shall not apply to foster family homes or group homes.

Laws 2008, HB 2863, c. 58, § 2, eff. November 1, 2008.