Start a Daycare in Oklahoma – Licensing – Regulations – Laws

Childcare facilities are very in demand nowadays because of working parents that usually can’t look after their children all the time. They resort to child care facilities where they can leave their children while they are at work. Parents by nature would want to make sure that they are leaving their children in good hands. Since child care is a growing business, there are rules and requirements that they have to abide to make sure that they only provide quality services. In the State of Oklahoma, the government made the Oklahoma Child Care Facilities Licensing Act in order to ensure the quality of service they provide. This includes the maintenance of minimum standards for the care and protection of children, child care facility’s maximum standards and the development of sufficient and adequate services for child care.

LICENSE

According to Section 402of Title 10 of the Oklahoma Statutes, a license issued by the Oklahoma Department of Human Services (OKDHS) is required in order operate a child care facility. A provisional license may be given to facilities that needs to operate but has not yet fully conform to all the requirements and rules of OKDHS. If a child care facility violates any provisions of the OKDHS, it may revoke its license after a 30-day prior notice.

APPLICATION FOR LICENSE

A child care center may be operated by a public or private organization or an individual. The responsibility of the child care center facility depends on which is taking in command of the operation. For a public child care center, it is usually created and operated by the state, county, city or other political subdivision which is under control of government agency. For private child care center which is usually a not-for-profit center facility is operated by a governing board that is responsible for developing policies and its financial structure. For individuals who are the proprietary child care owner, it is the owner’s responsibility to make the policies and the financial structure of the facility.

The child care facility shall provide the following requirements:

ORGANIZATION

The purpose or function of the child care shall be filed with the Oklahoma Department of Human Services (OKDHS). It should contain information about the facility such as the ages of the children accepted, hours of operation and type of care and services offered.
Notifications shall be posted where staff, parents and other people may view them. This includes the ff:
- The center’s license, permit or notice of denial or revocation of license
- The name of the person responsible for the center during the director’s absence
- Notice of the requirement to report suspected child abuse and neglect
- Notice prohibiting smoking in the facility
- Emergency procedures
- Weekly menu of the food provided by the center
- Evacuation plan
- Daily program schedule
- Record of dates when fire and tornado drills were conducted
- Time schedule for use of outdoor play space if applicable
- Certificate of One Star Plus, Two Star or Three Star status, if applicable.
- Notice of staff child ratio and group size shall be posted in every room where children are in care
According to Section 7102 of Title 10 of the Oklahoma Statutes, it is the responsibility of any person who has believed that a child has been abused or neglected to report the matter immediately to OKDHS. The failure to do so is a misdemeanor for anyone.
The facility is required to notify OKDHS Division of Child Care Licensing Services immediately in case of the ff:
- A temporary, unscheduled or permanent closing of the center
- Change in director
- Any damage to the facility that may affect the amount of space used or compliance with any requirement.
- Any legal action against a center or staff person which involves a child in care
- Any known criminal changes or child abuse investigations involving a staff which are pending or have had disposition
- Any accident involving transportation unless no injuries or minor damages only occurred to the vehicles
- Any injury to a child that requires emergency and medical attention immediately
- The death of a child that occurred while the child was in care
The center is required to notify Licensing at least 30 days prior to
- Change in ownership or sponsorship
- A change in name of the center
- Any change or alteration to the physical facility
- The anticipated dosing or relocation of the child care center
- Proposed change in the licensed capacity
A compliance file that is accessible to staff, parents and others that include
- Recent child care licensing monitoring report by the licensing specialist
- Documents issued by Child Care Licensing within the last 120 days
  - Child care licensing monitoring reports and licensing correspondence
  - Form 07LC037E, Notice to Comply
  - Licensing complaints
  - Form 04CP004E, Child Welfare Investigative Summary Notification to Child Care Licensing Services, with findings and services recommended

POLICY AND PROCEDURES

The facility is required to submit their policy and procedures that includes the following
- Ages of children accepted
- Days and hours of operation and holidays when the facility is closed
- Location and accessibility of the licensing compliance file
- Procedures for:
  - Receiving and releasing of a child from the center. This includes the method of identity validation of the person who picks up the child. It should also prompt notification to the parents or guardian when the child does not arrive as scheduled.
  - Handling health emergencies such as illnesses and injuries even when away from the child care center.
  - Storing and administering children’s medicines
  - Notifying parents of field trips
  - Transportation of children
- Mandatory reporting of child abuse
- Discipline policy
- Personnel policy is needed when there are more than four staff persons in the child care facility. This includes essential job functions, qualifications and lines of authority as well as staff performance evaluation and termination procedure.

RECORDS

Every facility is required to keep records of their operations
- Center Records are records and reports wherein all Oklahoma Department of Human Services (OKDHS) Division of Child Care Licensing Services staff has access to.
- Children’s Records are information obtained about the child at the time of admission regardless of the length of time the child is in care. This includes:
  - Personal information of the child
  - Information about the person to contact in case of emergency
  - Permission of the parents authorizing transportation of child in case of emergency
  - List of persons allowed to pick up the child
  - Health information of the child
  - Routing care for the child
  - Individual special needs if applicable
  - Current immunization record
c. Staff Records include all records of all employees including substitutes. This information must be maintained and made available at the facility and to Licensing staff as well. This includes:
- Personal Information
- Educational Background
- References including past employers
- Statement regarding criminal history
- Health record reported by a licensed physician or mental health professional.
- Documentation of training and orientation
- Attendance records

REQUIREMENTS FOR CHILD CARE CENTER EMPLOYEES

All employees must have a good moral character and have sufficient education, training and experience that they will need in order to perform essential functions of the job. Each employee must:
- Provide an annual documentation that shows that he or she meets health and training requirements
- Have the ability to perform the essential job functions
- Know how to recognize and act in order to correct hazards to physical safety at all times
- Work with children without manifesting physical punishment, mistreatment, and child abuse
- Demonstrate a good judgment accompanied by prudent and responsible behavior that ensures the safety and protection of the children in care.
The child care center has the right to refuse an employee who
- has pending charges, has entered a plea of guilty or nolo contendere (no contest) or has been convicted of:
- is required to register pursuant to the Sex Offenders Registration Act [57 O.S. & 581et seq.]
Any person who has health conditions that can endanger the health and safety of the children is prohibited from the child care facility
An employee under the influence of alcohol, illegal drugs or medication that affects his performance is prohibited from giving child care services

SUPERVISION OF CHILDREN

All children are required to be supervised and taken care of at all times.
- Each child has an assigned staff that will be aware of the details of the child’s habits, interests, and special problems.
- Children are generally not allowed in the kitchen unless they are supervised for experience and learning purposes.
- Boundaries are identified concerning areas or places that are accessible to the public.
- When there activities outside the facility, a senior staff member is required to monitor and accompany each group. Appropriate staff ratios and a written plan of supervision shall be maintained
All children are required to be supervised and taken care of at all times.
Infants, toddlers and two-olds shall be supervised with their required staff-child ratio at all times. Staff must be present in the room or adjacent bathroom and are able to see and hear the children at all times including nap time
Preschool-age children. During nap times, preschool-age children shall be supervised by at least one staff which is required to be with the sight and hearing the children. Other staff who are required to meet the staff-child ratio may stay within the building
School-age children shall be required to be in the sight and hearing of a staff. Staff may allow groups of five or fewer to have short term activities on their own depending on the assessment of the staff with the ability of the children. The staff are required to:
- Intervene in the activities of the children when needed
- Know the whereabouts and the activity of each child at all times
- Always supervise the children when playing even on stationary playground equipment
Staff-child ratios. The number of children in a group which is supervised by a staff is limited in order to facilitate staff-child interaction and to encourage constructive activity among the children
- The facility staff is always required to be present together with the children in order to correspond with the chronological age and grouping of the children present. A substitute staff is required to substitute the regular staff in case of absence
- Child care center staff ratio shall be met for each group of children by using either a single-age grouping or a mixed aged grouping
- A group is determined by the number of children that is being supervised by a caregiver or a group of caregivers in a designated area. The number of children must not also exceed the maximum group size required
  - Each groups shall have an assigned staff that shall be recognizable by both the staff and the children
  - When there is more than one group of children with age’s less than five in one room, the groups are assigned to a particular area in the room where they can work and do their activity. A wall that may act as a temporary barrier of at least three feet high may be used to set the borders and defining limits in order to reduce distraction. For groups with ages older than five, the border is not only limited to physical walls but can also be a variation of activity depending on the staff.
  - Groups together with their assigned staff can also work together in special activities in order to encourage interaction among them. Activities such as outdoor play, meals, sleeping or filed trips are recommended for groups of children more than one. During these activities, designated areas in the room or in an area do not apply

PARENT STAFF COMMUNICATION

Parents of the enrolled children shall have access to all parts of the child care center during hours of operation unless restricted under certain provisions.
The Oklahoma Department of Human Services (OKDHS) publication entitled ‘The Parents Guide to Selecting Quality Child Care’ should be made available upon their child’s enrollment
A system ,be it verbal or written to, to update the parents with day-to-day happenings and events shall be used in order to monitor the child’s physical, emotional, and health state of the child
Each center shall provide at least four of the options listed below
- Parents are welcome in the facility to observe or eat lunch with their child. They may also volunteer and join in the classroom
- Conferences between the staff and the parents are encouraged at least once a year in order to monitor the progress as well as the accomplishments and difficulties of the child
- An area for parents may be provided with helpful reading materials such as book, pamphlets or articles about parenting
- Parent meeting are held with a variety of programs such as open house, family pot-luck dinners or children’s programs or with a guest speaker
- A parent’s bulletin board in the center shall provide up to date notifications and announcements that the parents should know
- Parents may also be involved in program and policy development of the center through attending meetings

PHYSICAL FACILITIES

Location and construction. The location of the child care facility requires minimum hazards to health, safety and welfare of the children.
- The child care center should comply with the building codes at the time of the issuance of license.
- Child care facilities that operate on a 24-hour per day basis should comply with the additional construction standards required in state adopted codes which is determined by the State Fire Marshal
- No mobile home is issued a license as a child care center unless it was licensed prior to February 1, 1981
- Heating and cooling systems should be operable and should pose no risk to children
- The kitchen should be a separate area that encourages supervised access by children or unauthorized persons
- Paint used for surfaces must not contain a lead content greater than 0.06 percent
- Children shall not be accepted into care unless the approval is obtained from
  - Health department
  - Representative of the Office of the State Fire Marshall or local fire official
  - Oklahoma Department of Human Services (OKDHS) Division of Child Care Licensing Services
- Approvals by fire and health departments are required every two years
Toilet and hand-washing facilities.
- Shall be located in the same building where the children are taken care.
- Shall be easily accessible to children and staff
- Shall contain operating flushing toilets and hand sinks
- Shall be maintained and cleaned regularly with adequate ventilation
- Shall contain toilet paper within easy reach for children
- Shall not have absorbent floor surfaces in toilet areas
- The hand sinks should have comfortably warm water about 80 to 120 degrees F. Temperature of above 120 degrees shall require a tempered valve.
- Shall contain soap for hand washing, individual use towels or mechanical hand dryers within easy access of children
- Shall have one toilet and one sink for every 15 children if the center opened after July 2, 1970
- Shall not have required doors for pre-school children and doors are not required to be self closing.
- For children under three years of age who are using diapers, an operable sink with hot and cold water with hand washing soap and individual use towels are required in the same room or a bathroom that opens directly into the room.
Safety and Sanitation
- The physical environment shall be consist of a structurally sound interior and exterior that are both practical and safe for the children
- The facility should be well prepared for any kind of emergency that may occur
  - An operable direct line telephone located within the facility and has an extension on each floor of the building for both incoming and outgoing calls is required
  - A list of emergency phone numbers such as fire department, police department, ambulance service, medical source and poison control should be posted all throughout the facility for easy access
  - There should be a record of the fire drill and smoke detector test conducted by the facility monthly
  - There should be a record of the tornado drill that is conducted quarterly by the facility.
  - A written plan for emergencies such as outside threats and in case of fire, flood, tornado, blizzard, power failure or other natural or man made disaster that can affect the structure of the facility shall be reported.
  - A floor plan shall be posted on each floor and in each classroom that shows primary and alternate evacuation routes from each area of the building
- Smoke detectors and fire extinguishers should be operable at all times.
  - Smoke detectors are required to be installed in each room in which children are in care.
  - Portable fire extinguishers suitable for Class B or Class BC fires should be available in kitchens and cooking areas otherwise Class A fire extinguisher should be available.
  - All fire extinguishers shall be inspected, serviced and tagged annually by a competent authority
- All exits shall be available and can be opened from the inside without the use of a key.
- The center shall be free of hazards
  - Medicines, cleaning materials, detergents aerosol cans, pesticides, poisons and other toxic materials shall be stored properly and kept away from the reach of children
  - The facility should be free of illegal drugs and paraphernalia
  - Any firearms, pellet, BB guns, bows and arrows, darts and the like shall be equipped with child protective devices and should be kept away from children
- If animals are kept in the facility, they should follow the rules regarding animal care.
  - Parents should be informed of the presence of animals
  - Any pet or animal in good health is allowed if it does not have evidence of carrying a disease, is friendly towards children and does not present a threat to the health and safety of the children
  - Animals should be maintained clean always
  - Any animal that shows any symptoms of disease such as diarrhea, skin infection, severe loss of appetite, weight loss, lethargy or other unusual behavior is isolated and shall be examined by a licensed veterinarian
  - Dogs and cats should be vaccinated for rabies and are free of fleas, tick and worms
  - Wild and dangerous animals are not allowed to be taken care inside the facility
Indoor Play Space
- Child care centers that opened or expanded after July 2, 1970 have a minimum indoor play space required. The area required is usually 35 square feet of floor per child. Starting January 1, 2005 child care centers applying for license are required 40 square feet of floor area per infant in rooms occupies only by infants. Some areas are not counted in determining the capacity of the facility such as
  - Bathrooms, kitchens and hallways
  - Offices, teacher’s lounge and work rooms
  - Rooms for exclusively for ill children
  - Areas exclusively for eating and napping
  - Storage rooms, closets, supply rooms
  - Space occupied by furniture and equipment which are not used by children
  - Basement areas with one-half or more of the clear height below the ground
- Child care centers that had their license prior to July 2, 1970 are only required of 30 square feet per child.
Outdoor Play Space
- A facility that is licensed for less than 24 children, the required minimum outdoor play space is 75 square feet per child for the total licensed capacity
- A facility that is licensed for more than 24 children, the required outdoor play space per child is 75 square feet for at least one third of the total number for which the center is licensed. But it must still be noted that the minimum amount of outdoor space will accommodate 24 children meaning it is 1800 square feet.
Water activities
- A written signed permission from parents is required for children to participate in swimming activities
- Supervision is required constantly especially in activities concerning water.
  - Staff child ratio shall be met
  - Staff shall be in or at the water and shall be prepared to enter the swimming pool anytime an emergency occur
  - A staff who has completed training in first and cardiopulmonary resuscitation must be present
- Swimming pools must comply to the water quality, occupancy, and fencing standards as stated in Chapter 315, Public Bathing Place Standards and Chapter 320, Public Bathing Place Regulations
- Diving can only be permitted when the pool has passed the criteria for diving purposes
License Capacity
- The total capacity of a child care facility is based on the capacities of indoor space, outdoor space and bathroom facilities.
- The license capacity shall not exceed the lowest computed capacity for indoor space, outdoor space and bathroom facilities
- The maximum number of children in care shall not exceed the number of children specified in the license

BEHAVIOR AND GUIDANCE

Discipline is very important in raising children. It needs to be constructive and educational and appropriate to the child’s age and circumstances
The staff should be able to instill and teach the children proper behavior and decorum by:
- Recognizing and encouraging acceptable behavior
- Teaching by example and using fair and consistent rules with discipline
- Supervising the children with an attitude of understanding and firmness
- Giving clear directions and providing guidance that is appropriate with the child’s level of justice
- Encouraging children to control their own behavior and to cooperate with others
- Using safe and logical consequences when dealing with inappropriate behavior.
There are also restrictions that staff should avoid to do such as:
- Punishing a child through physical means like shaking, striking, spanking, swatting, thumping, pinching, popping, shoving, spatting, biting, hair pulling, yanking, slamming, excessive exercise, or any cruel treatment that causes pain
- Putting anything in a child’s mouth to serve as punishment
- Punishing a child through psychological means such as humiliation using derogatory words, sarcastic remarks about the child or the child’s background.
- Using harsh, or profane language or even threats of physical punishment
- Isolating a child without supervision or leaving him in a dark place
- Unfair punishment

HEALTH

One of the important aspects of a child’s growth that should be taken care is their health
The facility should always observe proper hygiene and cleanliness at all times
- Caregivers shall attend to the children’s personal hygiene needs
- Caregivers shall thoroughly wash their hands with soap and warn, running water:
  - Before handling food
  - Before feeding children or eating
  - After diapering or toileting
  - After touching or cleaning up body fluids, including wiping noses
  - After handling or feeding pets
  - After playing outdoors or in sand or water
  - Before medication is given
- Caregivers shall also see to it that children wash their hands with soap and warm, running water:
  - Before eating
  - After using the toilet
  - After holding pets
  - After playing outdoors or in sand or water
  - After sneezing and wiping their noses
- When a child has wet or soiled clothing, this must be immediately changed and placed in a sealed, moisture proof bag to be sent home.
- Toys and items used by children shall be sanitized after each child’s use or as needed.
- Personal hygiene items such as towel, comb, and toothbrush shall be individually assigned.
Health records of each child to be submitted by the parents is required which includes the child’s immunization record, a listing of special health needs, and the name of the child’s physician
Children should have obtained all required immunizations at the medically appropriate time
During the enrollment, the facility informs the parents regarding their policy with ill children
- Every child shall be thoroughly observed by the staff members for possible symptoms of illness or infestation
- A child who has shown signs of illness is separated immediately from the group as the parents are notifies as needed
- The local or state health department must be notified in cases of hepatitis, meningitis, Shigellosis, Giardiasis, measles, rubella, whooping cough, tuberculosis, E coli 0157:H7, Salmonellosis, or any Haemophilus influenza invasive disease in any person in the facility.
- All materials and equipment used by an ill child such as cots, cribs, bedding, and play equipment are sanitized and cleaned immediately
- Proper safety wear is used in cleaning blood, vomit or body fluids that may contain blood.
- A commercial sanitizer is made from one tablespoon of bleach in a gallon of water shall be used to sanitize surfaces whenever needed.
- Parents shall be notified immediately upon the children’s exposure to a contagious disease
- Staff or personnel with communicable disease shall not be allowed inside the center
In medication, there are number of requirements that shall be done such as:
- The parents shall sign an authorization for center staff to allow them to administer each medication
- In cases wherein the child has chronic problems, the parent may sign an authorization letter for the medication of up to a nine month period which will be administered by the staff as needed. The parents shall also be notified whenever medication is administered.
- Prescription medication shall not be administered unless the medication is part of the prescribed therapeutic treatment
- Medication shall be provided by the parents and placed in its original container with the child’s full name
- Each dosage administered shall be recorded on individual medication logs by the staff
In case of injuries, the following must be done
- Contact immediately poison control if there suspicions of child poisoning
- Notify the parents of the children involved as soon as possible
- Maintain a record of all the injuries that occurred in the facility
In case of emergency, a written emergency procedure shall be displayed at the child care center for immediate action. This includes:
- The location of the first aid kit and its administration
- The information of emergency service, physician and/or hospital such as name and telephone number
- Notification of parent
- Notification of the Division of Child Care Licensing Services which regards to any injury or death of a child while in custody of the child care center.

FOOD AND NUTRITION

Children that stay in child care facilities for over four hours shall be served a balanced meal that should provide at least one third of their total daily nutritional requirements
- For infants or for children who needs a special diet due to health or religion, parents may be requested to provide the center’s food service with what their children need
- A child may have their own meals provided that
  - Perishable foods must be refrigerated at 41 degrees F or beloe
  - Food or milk is served within four hours
  - Package food has no contact with water or undrained ice
  - Self wrapped sandwiches have no direct contact with ice
  - Ice used for refrigeration is not reused again
- Additional food will be provided to kids whose food fails to provide at least one third of their total daily nutrient requirements
- Meals shall be provided to those who fail to bring one
- Milk is provided for all children
- Children are free to have second servings
- Children are encouraged to eat but are not forced to
The center’s food service have a food plan and sample menus that are filed with the Oklahoma Department of Human Services (OKDHS)
- For all day care services, a breakfast, lunch, afternoon snack are provided for the children
- For evening care services, an evening meal and evening snack is provided for the children
- For children staying all night, an evening meal, evening snack and breakfast shall be served.
Menus provided for the whole week are posted and updated at all times
- Menus are strictly followed but reasonable changes may be considered
Proper food storage and preparation shall be followed and shall comply with food service and sanitation requirements
Only commercially pre-packaged non-potentially hazardous food items may be brought by the children
Safe drinking water shall be provided to children at all times. They shall be also encouraged to drink plenty of water

TRANSPORTATION

For transportation concerns during field trips and activities the following requirements must be followed
- The vehicle and its operator must comply to the all applicable state laws
- Parents shall give permission for transportation of their child which will be filed at the center
- Prior notification and information about the field trip shall be given to the parents.
- Supervision of the children by the center shall start at the designated pick-up time and place
- It is the responsibility of the driver to leave only the children with the person or school designated by the parent
- Since June 2007, it is required that one staff person with current documentation of training by the OKDHS for child passenger course must accompany children younger than six years of age