An Act
ENROLLED SENATE
BILL NO. 1286 By: Stanley of the Senate
and
Miller of the House
An Act relating to child care; amending 10 O.S. 2021,
Section 403, which relates to e xemptions from the
Oklahoma Child Care Facilities Licensing Act ;
broadening certain exemption; and declaring an
emergency.
SUBJECT: Child care
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10 O.S. 2021, Section 403, is
amended to read as follows:
Section 403. A. The provisions of the Oklahoma Child Care
Facilities Licensing Act shall not apply to:
1. Care provided in a child 's own home or by relatives;
2. Informal arrangements which parents make with friends or
neighbors for the occasional care of their children;
3. Care provided by an attorney-in-fact authorized by Section
700 of this title who exercises parental or legal authority on a
continuous basis for not less than twenty -four (24) hours and
without compensation for the intended duration of the power of
attorney;
ENR. S. B. NO. 1286 Page 2
4. Programs in which school-aged children three (3) years of
age and older are participating in home -schooling;
5. Programs that serve children three (3) years of age and
older and that are operated during typical school hours by a public
school district;
6. Programs that serve children three (3) years of age and
older and that are operated during typical school hours by a private
school that offers elementary education in grades kin dergarten
through third grade;
7. Summer youth camps, summer programs or after-school programs
for children who are at least four (4) years of age, that are
accredited by a national standard -setting agency or church camp
accreditation program, or are accr edited by, chartered by or
affiliated with a national non -profit organization;
8. Programs in which children attend on a drop -in basis and
parents are on the premises and readily accessible;
9. A program of specialized activity or instruction for
children that is not designed or intended for child care purposes
including, but not limited to, scouts, 4-H clubs and summer resident
youth camps, programs that limit children from enrolling in mult iple
sessions because of the type of activity or ages accepted a nd
single-activity programs such as academics, athletics, gy mnastics,
hobbies, art, music, dance and craft instruction;
10. Any child care facility that:
a. provides care and supervision for fifteen (15) or
fewer hours per week,
b. operates less than ten (10) weeks annually,
c. operates in the summer for less than eight (8) hours
per day, or
d. provides care and supervision for school -aged children
only in a center-based program for twenty-one (21) or
fewer hours a week and is located in a county with a
ENR. S. B. NO. 1286 Page 3
population of less than one hundred thousand (100,000)
according to the latest Federal Decennial Census;
11. Facilities whose primary purpose is medical treatment;
12. Boarding schools that have education as their primary
purpose and that are recognized as accredited by the State Board of
Education. To be exempt, such programs shall:
a. have classroom facilities that are not used for
residential living,
b. not have been granted nor have assumed legal custody
of any child attending the facility, and
c. adhere to standard educational holiday and seasonal
recess periods to permit s tudents reasonable
opportunities to return to their primary places of
residence with parents or legal guardians;
13. Day treatment programs and maternity homes operated by a
licensed hospital;
14. Juvenile facilities certified b y the Office of Juvenile
Affairs or certified by any other state agency authorized by law to
license such facilities;
15. A program where children are not enrolled by the parents
and are free to come and go;
16. A program in tribal land as defined at 2 5 U.S.C.A. 1903
(10); and
17. A program on a military base or federal property , or a
facility licensed as a family child care pr ovider by a branch of the
United States Department of Defense or by the United S tates Coast
Guard.
B. The provisions of the Oklahoma Child Care Facilities
Licensing Act shall be equally incumbent upon all private and public
child care facilities.
ENR. S. B. NO. 1286 Page 4
SECTION 2. It being immediately necessary for the pr eservation
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.
ENR. S. B. NO. 1286 Page 5
Passed the Senate the 17th day of February, 2022.
Presiding Officer of the Senate
Passed the House of Representa tives the 25th day of April, 2022.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this _______ _____________
day of _________________ __, 20_______, at _______ o'clock _______ M.
By: _______________________________ __
Approved by the Governor of the State of Oklahoma this _____ ____
day of _________________ __, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this _______ ___
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _______________________________ __