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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 908 By: Garvin
AS INTRODUCED
An Act relating to child care; amending 10 O.S. 2011,
Section 406, as last amended by Section 1, Chapter
368, O.S.L. 2019 (10 O.S. Supp. 2020, Section 406),
which relates to investigations; providing certain
identification procedure for findings of report; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10 O.S. 2011, Section 406, as last
amended by Section 1, Chapter 368, O.S.L. 2019 (10 O.S. Supp. 2020,
Section 406), is amended to read as follows:
Section 406. A. 1. Except as provided in pa ragraph 2 of this
subsection, the Department of Hum an Services shall have authority at
any reasonable time to investigate a nd examine the conditions of any
child care facility in which a licensee or applicant hereunder
receives and maintains children, and shall have authority at any
time to require the fac ility to provide information pertaining to
children in its care.
2. When the Department of Human Services is reviewing the star
rating of a child care program with a capacity of fifty or more, the
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comprehensive visit to inspect and examine the program sha ll be
scheduled with the administration of the program at least one (1)
week in advance of the visit, if requested by the child care
facility.
B. 1. The State Department of Health may visit any licensee or
applicant at the request of the Department to ad vise on matters
affecting the health of children and to inspect the sani tation of
the buildings used for their care.
2. The State Fire Marshal may visit any licensee or applicant
at the request of the Dep artment to advise on matters affecting the
safety of children and to inspect the condition of the buildings
used for their care.
C. 1. Upon receipt of a complaint against any child care
facility alleging a violation of the provisions of the Oklahoma
Child Care Facilities Licensing Act, or any licensing s tandard
promulgated by the Department, the Department shall conduct a fu ll
investigation. If upon investigation, it is determined that there
are reasonable grounds to believe that a facility is in violati on of
the Oklahoma Child Care Facilities Licensing Act or of any standard
or rule promulgated pursuant thereto, the Departm ent shall:
a. document the complaint,
b. provide the complaint allegations in writing to the
facility involved and, upon written requ est by the
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child care facility, provide a summary o f the facts
used to evaluate the completed complaint, and
c. document the facility’s plan for correcting any
substantiated violations.
2. If the Department determines there has been a violation and
the violation has a direct impact on the health, safety o r well-
being of one or more of the children cared for by the facility, t he
Department shall notify the facility and require correction of the
violation.
3. The Department shall notify the facility that fa ilure to
correct the confirmed violation can result in the revocation of the
license, the denial of an application for a li cense, the issuance of
an emergency order or the filing of an injunction pursuant to the
provisions of Section 409 of this title.
4. If the facility refuses to correct a violation or fails to
complete the plan of correction, the Department may issue an
emergency order, revoke the license, or deny the application for a
license. Nothing in this section or Section 407 of this title shall
be construed as preventing the Department from den ying an
application, revoking a license, or issuing an emergency order f or a
single violation of this act, or the rules of the Department as
provided in Section 404 of this title.
D. Upon the completion o f the investigation of a complaint
against any child care facility alleging a violation of the
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provisions of the Oklahoma C hild Care Facilities Licensing Act or
any licensing standard promulgated thereto by the Department, the
Department shall clearly desi gnate its findings on the first page of
the report of the investigation. The findings shall state whether
the complaint was substantiated or unsubstantiated . The findings
shall identify the employee who is the subject of the complaint , but
shall not identify the licensee of the child care facility unless
the licensee was the su bject of the complaint or unless otherwise
deemed appropriate by the Department .
E. Information obtained by the Department or Oklahoma Child
Care Services concerning a report of a violation of a licensing
requirement, or from any l icensee regarding children or their
parents or other relatives shall be deemed confidential and
privileged communications, shall be properly safeguarded, and shall
not be accessible to anyone except as her ein provided, unless upon
order of a court of compe tent jurisdiction. Provided, however, this
provision shall not prohibit the Department from providing a summary
of allegations and findings of an investigation involving a child
care facility that does no t disclose identities but that permits
parents to evaluate the facility.
F. The Department shall promulgate rules to estab lish and
maintain a grievance process that shall include an anonymous
complaint system for reporting and investigating complaints or
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grievances about employees of the Department who re taliate against a
child care facility or facility employee.
SECTION 2. This act shall become effective November 1, 2021.
58-1-1434 DC 1/21/2021 4:40:26 PM