Req. No. 6647 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 2400 By: Russ
AS INTRODUCED
An Act relating to child care; amending 10 O.S. 2011,
Section 404, as last amended by Section 3, Chapter
25, O.S.L. 2019 (10 O.S. Supp. 202 0, Section 404),
which relates to advisory committees; modifying
membership of child care advisory committee;
establishing duties of advisory committee; modifying
membership terms; requiring majority of committee
members to represent licensed child care pr ograms;
mandating Director of Department of Human Services to
promulgate rules; directing Department to designate
members for certain panel; adding entities to consult
on certain rules; and declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10 O.S. 2011, Section 404, as last
amended by Section 3, Chapter 25, O.S.L. 2019 (10 O.S. Supp. 2020,
Section 404), is amended to read as follows:
Section 404. A. 1. The Department o f Human Services, in
consultation with the Oklahoma Commission on Children and Youth,
shall appoint an advisory committees committee of representatives of
licensed child care facilities and others to recommend:
a. prepare minimum requirements and desirable standards
for promulgation by the Department , and
Req. No. 6647 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
b. provide advice, recommendations and guidance for
concerns reported by licensed child care facilities or
referred by the Department to assist facilities in
meeting minimum requirements .
2. Committee members shall be appointed for a three-year term,
with a two-consecutive-term limit. The committees shall include
representation for all categories of facilities licensed by the
Department and shall be comprised as follows:
a. the Residential Children 's Services subcommittee shall
include at a minimum:
(1) a representative of a statewide organization
representing children in care arrangements
outside their own home,
(2) a representative of a statewide organization
providing residential services to youth in st ate
custody,
(3) a recipient or former recipient of youth services
for children in state custody,
(4) a representative of a statewide organization
promoting adoption services,
(5) a parent or guardian providing foster care to a
child or children in state c ustody,
Req. No. 6647 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
(6) a representative from a nonpublic, long -term
residential care facility for children in state
custody,
(7) a representative from an organization promoting
the interests of Native American children in
state custody,
(8) a provider of medical serv ices for children,
(9) a practicing behavioral health services provider,
(10) a representative from an agency providing child -
placing services, and
(11) other appropriate representatives at the
discretion of the Department of Human Services
and Commission on Children and Youth,
b. the Child Care Centers subcommittee shall include at a
minimum:
(1) a representative of a statewide organization
advocating for children in care arrangements
outside their own home,
(2) a representative of a statewide organization
conducting programs for school -age children,
(3) a parent or guardian with a child attending a
licensed child care facility,
(4) a representative of a licensed child care
facility in a rural area,
Req. No. 6647 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
(5) a representative of a statewide organization
advocating for licensed child care facilities
owned or operated by Native Americans,
(6) a representative of a licensed child care
facility in an urban/suburban area,
(7) a representative of a statewide organization
advocating for programs provided under the Head
Start program,
(8) a representative with knowledge of child care
programs offered by career technology center in
this state,
(9) a representative of a statewide organization
advocating for early childhood education
programs,
(10) a representative of a state wide organization
providing resources and referrals to child care
facilities,
(11) a provider of medical services for children, and
(12) other appropriate representatives at the
discretion of the Department of Human Services
and Commission on Children and Youth,
c. the Child Care Homes subcommittee shall include at a
minimum:
Req. No. 6647 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
(1) a representative of a statewide organization
advocating for children in care arrangements
outside their own home,
(2) a parent or guardian with a child receiving care
at a licensed child care home,
(3) a representative of a licensed child care home in
a rural area,
(4) a representative of a statewide organization
advocating for licensed child care facilities
owned or operated by Native Americans,
(5) a representative of a licensed c hild care home in
an urban/suburban area,
(6) a representative of a statewide organization
advocating for early childhood education
programs,
(7) a representative of a statewide organization
providing resources and referrals to child care
facilities,
(8) a provider of medical services for children, and
(9) other appropriate representatives at the
discretion of the Department of Human Services
and Commission on Children and Youth, and
d. the Quality Rating and Improvement System subcommittee
shall include representatives of child care centers
Req. No. 6647 Page 6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
and child care homes currently licensed by the State
and other members as determined by the Department of
Human Services and the Commission on Children and
Youth
terms as provided by the bylaws of the advisory committee. A
majority of the members of the advisory committee shall be
representatives of licensed child care programs .
3. The Department shall create a Child Care Facility Peer
Review Board whose purpose shall be to participate in the
Department's grievance process. A majority of the Board shall be
representatives of licensed child care facilities. The Director of
the Department of Human Services shall promulgate rules specifying
the duties of the Child Care Facility Peer Review Board in the
grievance process.
4. The advisory committee Department shall designate two people
members of the advisory committee to serve on the Department 's Stars
Administrative Review Panel. At least one designee shall be the
owner or operator of a licensed child care center.
B. Child care facilities shall not allow children to be left
alone in the care of any person under eighteen (18) years of age
without supervision or sixteen (16) years of age with supervision as
delineated by the Department 's rules. Child care centers and fami ly
child care homes shall not:
Req. No. 6647 Page 7 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1. Use soft or loose bedding, including, but not limited to,
blankets, in sleeping equipment or in sleeping areas used only for
infants;
2. Allow toys or educational devices in sleeping equipment or
in a sleeping area used only for infants; or
3. Place a child in sleeping equipment or in a sleeping area
which has not been previously approved for use as such by the
Department.
C. The Director of the Department shall promulgate rules
establishing minimum requirements and des irable standards as may be
deemed necessary or advisable to carry out the provisions of the
Oklahoma Child Care Facilities Licensing Act.
D. Such rules shall not be promulgated until after consultation
with the State Department of Health, the State Depart ment of
Education, the Oklahoma State Bureau of Investigation, the State
Fire Marshal, the Oklahoma Commission on Children and Youth, the
Oklahoma Department of Mental Health and Substance Abuse Services ,
the Office of Juvenile Affairs, the State Advisory Council on Early
Childhood Education and Care and any other agency deemed necessary
by the Department. Not less than sixty (60) days ' notice, by
regular mail, shall be given to all current licensees before any
changes are made in such rules.
E. In order to improve the standards of child care, the
Department shall advise and cooperate with licensees, the governing
Req. No. 6647 Page 8 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
bodies and staff of licensed child care facilities and assist the
staff through advice of progressive methods and procedures, and
suggestions for the improvement of services.
F. The Department may participate in federal programs for child
care services, and enter into agreements or plans on behalf of the
state for that purpose, in accordance with federal laws and
regulations.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
58-1-6647 EK 12/29/20