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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 425 By: Garvin
AS INTRODUCED
An Act relating to child care; amending 10 O.S. 2021,
Section 406, which relates to investigations;
requiring the Department of Human S ervices to provide
certain information to complainants ; providing
certain identification procedure for findings of
report; making person liable for w illful or reckless
false complaint; requiring the Departme nt to
establish and utilize certain scope and severity
grid; updating statutory language; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10 O.S. 2021, Secti on 406, is
amended to read as follows:
Section 406. A. 1. Except as provided in paragraph 2 of this
subsection, the Depa rtment of Human Services shall have authority at
any reasonable time to investigate and ex amine the conditions of any
child care facility in which a licensee or applicant hereunder
receives and maintains childr en, and shall have authority at any
time to require the facility to provide information pertaining to
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 capa city of fifty or more, th e
comprehensive visit to inspect and examine th e program shall be
scheduled with the administration of the program at least one (1)
week in advance of the visit, if requested by th e child care
facility.
B. 1. The State Department of Health may visit any licensee or
applicant at the request of the Dep artment to advise on matters
affecting the health of children and to inspect the sanitatio n of
the buildings used for their care.
2. The State Fire Marshal may visit any licensee or a pplicant
at the request of the Department 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 agains t any child care
facility alleging a violation of t he provisions of the O klahoma
Child Care Facilities Licensing Act, or an y licensing standard
promulgated by the Department, the Department shall conduct a full
investigation. When a complaint is submitted , the Department shall
inform the complainant of any potential consequences for willfully
or recklessly submitting a false complaint including, but not
limited to, civil liability as describe d in subsection G of this
section. If upon investigation, it is determined that there are
reasonable grounds to bel ieve that a facility i s in violation of the
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Oklahoma Child Care Faciliti es Licensing Act or of any standard or
rule promulgated pursuant thereto, the Department s hall:
a. document the complaint,
b. provide the complaint allegations in writing to the
facility involved and, upo n written request by the
child care facility, provid e a summary of 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 the re has been a violation and
the violation has a direct impact on the hea lth, safety or well-
being of one or more of the children cared for by the facility, the
Department shall notify the facility and requ ire correction of the
violation.
3. The Department shall notify the facility that failure to
correct the confirmed violati on 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 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 a pplication for a
license. Nothing in this section or Section 407 of this title shall
be construed as preventing the Depart ment from denying an
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application, revoking a license, or issuing an emergency order for a
single violation of this act, or the rules of the Department
promulgated by the Director as provided in Section 404 of this
title.
5. If the Department determines th ere 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 Statutes, the
Department shall notify the child c are facility owner or operator
and the child care resource and referral organization in writing
immediately or not lat er than one (1) business day after the
substantiated finding . Upon receiving notice of a substantiated
finding, the facility owner or ope rator shall attempt 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 certified mail.
D. Upon the completion of the invest igation of a complaint
against any child care facility alleging a violation of the
provisions of the Oklahoma Child Ca re Facilities Licensing Act or
any licensing standard promulgated thereto by the Department
Director, the Department shall clearly designa te its findings on the
first page of the report of the investigation . The findings shall
state whether the complaint was subst antiated or unsubstantiated .
The findings shall identify the employee who is the subject of the
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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 deem ed appropriate by the Department.
E. Information obtained by the Department or Oklahoma Child
Care Services concerning a report of a vio lation of a licensing
requirement, or from any licensee regarding children or their
parents or other relatives shall be deem ed confidential and
privileged communications, shall be prop erly safeguarded, and shall
not be accessible to anyone except as herein provided, unless upon
order of a court of competent jurisdiction . Provided, however, this
provision shall not prohibit the Department from providing a summary
of allegations and find ings of an investigation involving a child
care facility that does not d isclose identities but that permits
parents to evaluate the facility.
F. The Department Director shall promulgate rules to establish
and maintain a grievance process that shall includ e an anonymous
complaint system for reporting and inves tigating complaints or
grievances about employees of the Department who retaliate against a
child care facility or facility employee.
G. Any person who willfully or recklessly makes a false
complaint without a reasonable basis in fact for such a complaint,
under the provisions of the Oklahoma Child Care Facilities L icensing
Act, shall be liable in a civil suit for any actual damages suffered
by a child care facility or for any punitive damages set by t he
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court or jury which may be allowed in the discretion of the court or
jury when deemed proper by the court or jury.
H. The Department shall establish a scope and severity grid to
measure the seriousness of violations of the Oklahoma Child Care
Facilities Licensing Act and shall utilize such scope and severity
grid in determining penalties for such violations including, but not
limited to, penalties under Section 407 of this title.
SECTION 2. This act shall become effective November 1, 20 23.
59-1-1661 DC 1/16/2023 6:27:19 PM