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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1439 By: Vancuren
AS INTRODUCED
An Act relating to children; amending 10 O.S. 20 21,
Section 406, which relates to investigations;
requiring Department of Human Services to comp lete
investigation within thirty days; providing
exceptions; specifying who may be interviewed during
investigations; specifying who may be held
responsible for certain violations ; directing that
certain complaints be deemed complete; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE O F OKLAHOMA:
SECTION 1. AMENDATORY 10 O.S. 20 21, Section 406, is
amended to read as follows:
Section 406. A. 1. Except as provided in paragraph 2 of this
subsection, the Department of Human 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 facility to provide information pertaining t o
children in its care.
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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
comprehensive visit to inspect and exami ne the program shall be
scheduled with the administration o f 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 th e Department to advise on matters
affecting the health of c hildren 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 Department to advise on matters affe cting the
safety of children and to inspect the condition o f 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 standard
promulgated by the Department, th e Department shall conduct a fu ll
investigation. The Department shall complete the investigation
within thirty (30) days unless the complaint involves alleged child
abuse or neglect, law enforceme nt, child welfare or any other
extenuating circumstances as determined by the Department. The
Department shall only interview individuals directly involved with
the complaint. If upon investigation, it is determined that there
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are reasonable grounds to b elieve that a facility is in violation of
the Oklahoma Child Care Facilities Licensing Act or of any standard
or rule promulgated pursuant thereto, the Department shall:
a. document the complaint,
b. provide the complaint allegations in writing to the
facility involved and, upon written request by the
child care facility, provide a summary of t he facts
used to evaluate the completed complaint, and
c. document the facility 's plan for correcting any
substantiated violations.
2. If the Department determines t here has been a violation and
the violation has a direct im pact on the health, safety or w ell-
being of one or more of the children cared for by the facility, the
Department shall notify the facility and require correction of the
violation.
3. The Department shall notify the facility that failure to
correct the confirmed violation can result in the revocation of the
license, the denial of an application for a license, 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 refuse s to correct a violation or fai ls 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 sectio n or Section 407 of this title shall
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be construed as preven ting the Department from denyin g an
application, revoking a license, or issuing an emergency order for a
single violation of this act, or the rules of the Department as
provided in Section 404 of t his title.
5. If the Department determines there has been a substantiated
finding of heinous and shocking abuse by a person responsible for a
child's health, safety or welfare, as those terms are defined in
Section 1-1-105 of Title 10A of the Oklahoma Sta tutes, the
Department shall notify the child care facility owner or operator
and the child care resource and referral organization in writing
immediately or not later than one (1) business day after the
substantiated finding. Upon receiving notice of a sub stantiated
finding, the facility owner or operator shall at tempt to immediately
notify, but not later than seventy -two (72) hours after receiving
notice of the substantiated finding, parents or legal guardians of
children attending the facility by certifie d mail.
6. If the Department determines there has been a violation and
the violation involves alleged child abuse or neglect, law
enforcement, child welfare or any other extenuating circumstances as
determined by the Department, the person involved in th e commission
of the violation shall be held responsible , and the licensee may be
held responsible.
D. Upon the completion of the investigation of a complaint
against any child care facility alleging a violation of the
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provisions of the Oklahoma Child Care Facilities Licensing Act or
any licensing standard promulg ated thereto by the Departmen t, the
Department shall clearly designate its findings on the first page of
the report of the investigation. The findings shall state whether
the complaint was substan tiated or unsubstantiated. Any complaint
that was unsubstantiated or that resulted in a facility correcting a
violation or completing a plan of correction shall be deemed
complete.
E. Information obtained by the Department or Oklahoma Child
Care Services concerning a report of a violation of a licensing
requirement, or from any licensee reg arding 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 herein provided, unless upon
order of a court of competent jurisd iction. 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 not disclose identities but that pe rmits
parents to evaluate the facility.
F. The Department shall promulgate rules to establish and
maintain a grievance process that shall include an anonymous
complaint system for reporting and in vestigating complaints or
grievances about employees of the Department who retaliate aga inst a
child care facility or facility employee.
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SECTION 2. This act shall become effective November 1, 202 3.
59-1-5816 CMA 01/10/23