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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1435 By: Garvin
AS INTRODUCED
An Act relating to child care; amending 10 O.S. 2021,
Section 404, which relates to m inimum requirements
and desirable standards ; modifying composition of
certain advisory committees; broadening purposes of
advisory committees; modifying appointment procedures
and terms; removing and adding specified advisory
committees; modifying composition and appointment
procedure for the Stars Administrative Review Panel;
updating statutory language; construing certain
provisions; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10 O.S. 2021, Section 404, is
amended to read as follows:
Section 404. A. 1. The Department Director of Human Services,
in consultation with the Oklahoma Commission on Children and Youth,
shall appoint advisory committees of repre sentatives of licensed
child care facilities , representatives of associations relating to
child care, and others to recommend minimum requirements and
desirable standards for promulgation by the Department Director, to
provide advice, recommendations, and guidance regarding concerns
brought by child care facilities, and to assist facilities in
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meeting minimum requirements . A majority of any committee appointed
to recommend requirements and standards shall be representatives of
the type of licensed chil d care programs that are the subject of the
requirements and standards.
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 state wide organization
representing children in care arrangements
outside their own home,
(2) a representative of a statewide organization
providing residential services to youth in state
custody,
(3) a recipient or former recipient of youth services
for children in state custody,
(4) a representative of a statewide organizatio n
promoting adoption servi ces,
(5) a parent or guardian providing foster car e to a
child or children in state custody,
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(6) a representative from a nonpublic, long -term
residential care fac ility for children in state
custody,
(7) a representative from an or ganization promoting
the interests of Native American children in
state custody,
(8) a provider of medical services 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 Departmen t of Human Services
and Commission on Children and Youth,
b. the Child Care Centers subcommittee shall include a t 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,
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(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/su burban 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 organizatio n
advocating for early childhood education
programs,
(10) a representative of a statewide 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 Servi ces
and Commission on Children and Youth,
c. the Child Care Homes subcommittee shall include at a
minimum:
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(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 f acilities
owned or operated by Native Americans,
(5) a representative of a licensed child 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 sta tewide organization
providing resources and referr als to child care
facilities,
(8) a provider of medical services for children, and
(9) other appropriate represe ntatives at the
discretion of the Department of Human Services
and Commission on Children and Youth, and
d. the Quality Rating and Improvement S ystem subcommittee
shall include representatives of child care centers
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and child care homes currently licensed b y the State
and other members as determined by the Department of
Human Services and the Commis sion on Children and
Youth
terms as provided by b ylaws of the advisory committees.
3. The Department shall create a Child Care Facility Peer
Review Board whose p urpose shall be to participate in the
Department's grievance process. A majority of the Board shall be
representatives of child care facilities . The Department Director
shall promulgate rules specifying the duties of the Child Care
Facility Peer Review B oard in the grievance process.
4. The advisory committee Director shall designate two people
advisory committee m embers to serve on the Departm ent's Stars
Administrative Review Panel. At least one designee shall be the
owner or operator of a licensed chi ld care center.
5. The following stand ing advisory committees shall be created
for the purpose of expanding the opportu nity for child care prog ram
operators to identify quality imp rovement resources, express
concerns facing the child care industry, and re commend issues for
consideration by the D irector:
a. an advisory committee for family child care homes,
b. an advisory committee for child care centers, day
camps, drop-in programs, after-school programs, summer
programs, part-day programs, programs for si ck
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children, and other limited purpose or limited
duration programs,
c. an advisory committee for residential programs and
child placing agencies, and
d. an advisory committee whose focus is the Quality
Rating and Improvement System (QRIS).
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 si xteen (16) years of age with supervision as
delineated by the Department's rules promulgated by the Director .
Child care centers and family child care homes shall not:
1. Use soft or loose bedding, including, bu t 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 sleepi ng area
which has not been previously approved for use as such by the
Department.
Nothing in this act shall be construed as removing, reducing, or
otherwise changing any rules, standards, or other requirements
relating to safe sleep or child safety .
C. The Department Director shall promulgate rules estab lishing
minimum requirements and desirable standards as may be deemed
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necessary or advisable to carry out the pr ovisions 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 Department of
Education, the Oklahoma State Bureau of Investigation, the State
Fire Marshal, the Commission on Children and Youth, the Oklahoma
Department of Mental Hea lth and Substance Abuse Services and any
other agency deemed necessary by the Department Director. 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 t he standards of child care, the
Department shall advise and cooperate with licensees, the governing
bodies and staff of licensed child care facilities and assist the
staff through advice of progressive methods and procedures, and
suggestions for the improv ement of services.
F. The Department may particip ate 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. This act shall become effective November 1, 2022.
58-2-2919 DC 1/19/2022 4:03:03 PM