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28	28	STATE OF OKLAHOMA
29	29
30	30	1st Session of the 58th Legislature (2021)
31	31
32	32	HOUSE BILL 2400 By: Russ
33	33
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38	38	AS INTRODUCED
39	39
40	40	An Act relating to child care; amending 10 O.S. 2011,
41	41	Section 404, as last amended by Section 3, Chapter
42	42	25, O.S.L. 2019 (10 O.S. Supp. 202 0, Section 404),
43	43	which relates to advisory committees; modifying
44	44	membership of child care advisory committee;
45	45	establishing duties of advisory committee; modifying
46	46	membership terms; requiring majority of committee
47	47	members to represent licensed child care pr ograms;
48	48	mandating Director of Department of Human Services to
49	49	promulgate rules; directing Department to designate
50	50	members for certain panel; adding entities to consult
51	51	on certain rules; and declaring an emergency .
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56	56	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
57	57	SECTION 1. AMENDATORY 10 O.S. 2011, Section 404, as last
58	58	amended by Section 3, Chapter 25, O.S.L. 2019 (10 O.S. Supp. 2020,
59	59	Section 404), is amended to read as follows:
60	60	Section 404. A. 1. The Department o f Human Services, in
61	61	consultation with the Oklahoma Commission on Children and Youth,
62	62	shall appoint an advisory committees committee of representatives of
63	63	licensed child care facilities and others to recommend:
64	64	a. prepare minimum requirements and desirable standards
65	65	for promulgation by the Department , and
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92	92	b. provide advice, recommendations and guidance for
93	93	concerns reported by licensed child care facilities or
94	94	referred by the Department to assist facilities in
95	95	meeting minimum requirements .
96	96	2. Committee members shall be appointed for a three-year term,
97	97	with a two-consecutive-term limit. The committees shall include
98	98	representation for all categories of facilities licensed by the
99	99	Department and shall be comprised as follows:
100	100	a. the Residential Children 's Services subcommittee shall
101	101	include at a minimum:
102	102	(1) a representative of a statewide organization
103	103	representing children in care arrangements
104	104	outside their own home,
105	105	(2) a representative of a statewide organization
106	106	providing residential services to youth in st ate
107	107	custody,
108	108	(3) a recipient or former recipient of youth services
109	109	for children in state custody,
110	110	(4) a representative of a statewide organization
111	111	promoting adoption services,
112	112	(5) a parent or guardian providing foster care to a
113	113	child or children in state c ustody,
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140	140	(6) a representative from a nonpublic, long -term
141	141	residential care facility for children in state
142	142	custody,
143	143	(7) a representative from an organization promoting
144	144	the interests of Native American children in
145	145	state custody,
146	146	(8) a provider of medical serv ices for children,
147	147	(9) a practicing behavioral health services provider,
148	148	(10) a representative from an agency providing child -
149	149	placing services, and
150	150	(11) other appropriate representatives at the
151	151	discretion of the Department of Human Services
152	152	and Commission on Children and Youth,
153	153	b. the Child Care Centers subcommittee shall include at a
154	154	minimum:
155	155	(1) a representative of a statewide organization
156	156	advocating for children in care arrangements
157	157	outside their own home,
158	158	(2) a representative of a statewide organization
159	159	conducting programs for school -age children,
160	160	(3) a parent or guardian with a child attending a
161	161	licensed child care facility,
162	162	(4) a representative of a licensed child care
163	163	facility in a rural area,
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190	190	(5) a representative of a statewide organization
191	191	advocating for licensed child care facilities
192	192	owned or operated by Native Americans,
193	193	(6) a representative of a licensed child care
194	194	facility in an urban/suburban area,
195	195	(7) a representative of a statewide organization
196	196	advocating for programs provided under the Head
197	197	Start program,
198	198	(8) a representative with knowledge of child care
199	199	programs offered by career technology center in
200	200	this state,
201	201	(9) a representative of a statewide organization
202	202	advocating for early childhood education
203	203	programs,
204	204	(10) a representative of a state wide organization
205	205	providing resources and referrals to child care
206	206	facilities,
207	207	(11) a provider of medical services for children, and
208	208	(12) other appropriate representatives at the
209	209	discretion of the Department of Human Services
210	210	and Commission on Children and Youth,
211	211	c. the Child Care Homes subcommittee shall include at a
212	212	minimum:
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239	239	(1) a representative of a statewide organization
240	240	advocating for children in care arrangements
241	241	outside their own home,
242	242	(2) a parent or guardian with a child receiving care
243	243	at a licensed child care home,
244	244	(3) a representative of a licensed child care home in
245	245	a rural area,
246	246	(4) a representative of a statewide organization
247	247	advocating for licensed child care facilities
248	248	owned or operated by Native Americans,
249	249	(5) a representative of a licensed c hild care home in
250	250	an urban/suburban area,
251	251	(6) a representative of a statewide organization
252	252	advocating for early childhood education
253	253	programs,
254	254	(7) a representative of a statewide organization
255	255	providing resources and referrals to child care
256	256	facilities,
257	257	(8) a provider of medical services for children, and
258	258	(9) other appropriate representatives at the
259	259	discretion of the Department of Human Services
260	260	and Commission on Children and Youth, and
261	261	d. the Quality Rating and Improvement System subcommittee
262	262	shall include representatives of child care centers
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289	289	and child care homes currently licensed by the State
290	290	and other members as determined by the Department of
291	291	Human Services and the Commission on Children and
292	292	Youth
293	293	terms as provided by the bylaws of the advisory committee. A
294	294	majority of the members of the advisory committee shall be
295	295	representatives of licensed child care programs .
296	296	3. The Department shall create a Child Care Facility Peer
297	297	Review Board whose purpose shall be to participate in the
298	298	Department's grievance process. A majority of the Board shall be
299	299	representatives of licensed child care facilities. The Director of
300	300	the Department of Human Services shall promulgate rules specifying
301	301	the duties of the Child Care Facility Peer Review Board in the
302	302	grievance process.
303	303	4. The advisory committee Department shall designate two people
304	304	members of the advisory committee to serve on the Department 's Stars
305	305	Administrative Review Panel. At least one designee shall be the
306	306	owner or operator of a licensed child care center.
307	307	B. Child care facilities shall not allow children to be left
308	308	alone in the care of any person under eighteen (18) years of age
309	309	without supervision or sixteen (16) years of age with supervision as
310	310	delineated by the Department 's rules. Child care centers and fami ly
311	311	child care homes shall not:
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338	338	1. Use soft or loose bedding, including, but not limited to,
339	339	blankets, in sleeping equipment or in sleeping areas used only for
340	340	infants;
341	341	2. Allow toys or educational devices in sleeping equipment or
342	342	in a sleeping area used only for infants; or
343	343	3. Place a child in sleeping equipment or in a sleeping area
344	344	which has not been previously approved for use as such by the
345	345	Department.
346	346	C. The Director of the Department shall promulgate rules
347	347	establishing minimum requirements and des irable standards as may be
348	348	deemed necessary or advisable to carry out the provisions of the
349	349	Oklahoma Child Care Facilities Licensing Act.
350	350	D. Such rules shall not be promulgated until after consultation
351	351	with the State Department of Health, the State Depart ment of
352	352	Education, the Oklahoma State Bureau of Investigation, the State
353	353	Fire Marshal, the Oklahoma Commission on Children and Youth, the
354	354	Oklahoma Department of Mental Health and Substance Abuse Services ,
355	355	the Office of Juvenile Affairs, the State Advisory Council on Early
356	356	Childhood Education and Care and any other agency deemed necessary
357	357	by the Department. Not less than sixty (60) days ' notice, by
358	358	regular mail, shall be given to all current licensees before any
359	359	changes are made in such rules.
360	360	E. In order to improve the standards of child care, the
361	361	Department shall advise and cooperate with licensees, the governing
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388	388	bodies and staff of licensed child care facilities and assist the
389	389	staff through advice of progressive methods and procedures, and
390	390	suggestions for the improvement of services.
391	391	F. The Department may participate in federal programs for child
392	392	care services, and enter into agreements or plans on behalf of the
393	393	state for that purpose, in accordance with federal laws and
394	394	regulations.
395	395	SECTION 2. It being immediately necessary for the preservation
396	396	of the public peace, health or safety, an emergency is hereby
397	397	declared to exist, by reason whereof this act shall take effect and
398	398	be in full force from and after its passage and approval.
399	399
400	400	58-1-6647 EK 12/29/20

Oklahoma 2022 Regular Session

Oklahoma House Bill HB2400 Compare Versions