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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 717 By: Boren
AS INTRODUCED
An Act relating to child care; amending 10 O.S. 2021,
Section 403, as amended by Section 1, Chapter 99,
O.S.L. 2022 (10 O.S. Supp. 2022, S ection 403), which
relates to exemptions from the Oklahoma Child Care
Facilities Licensing Act ; modifying applicability of
certain exemptions; mo difying and removing certain
exemptions; making unlicensed child care facilities
and programs subject t o certain provisions; providing
for request of certain waiver; requiring certain
information to be made public; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10 O.S. 2021, Section 403, as
amended by Section 1, Chapter 99, O.S.L. 2022 (10 O.S. Supp. 2022,
Section 403), is amended to read as follows:
Section 403. A. The provisions of the Oklahoma Child Care
Facilities Licensing Act, other than the criminal history records
search and Child Care Restricted Registry provisions of Section
404.1 of this title, shall not apply to:
1. Care provided in a child ’s own home or by relatives;
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2. Informal arrangements which par ents make with friends or
neighbors for the occasio nal 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;
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 a nd
older and that are operated during typical schoo l 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 kindergarten
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 progra m, or are accredited 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;
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9. A program of specialized activity or instructi on for
children that is not designed or intended fo r child care purposes
and operates not more than ten (10) hours per week including, but
not limited to, scouts, 4-H clubs and summer resident youth camps,
programs that limit children from enrolling in mul tiple sessions
because of the type of activity or a ges accepted and 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) ten
(10) or fewer hours per week,
b. operates less than ten (10) weeks annually, or
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 loc ated in a county with a
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:
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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 h omes 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 D efense 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.
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C. Unlicensed child care facilities and programs listed in
paragraphs 4 through 15 of subsectio n A of this section, and their
employees, volunteers, or other individuals who have access to
children, shall be subject to the criminal history records search
and Child Care Restricted Registry provisions of Section 404.1 of
this title. An unlicensed chi ld care facility or p rogram may
request a waiver from such requirements from the Department. Any
approved waiver shall be made public by the Department and the
unlicensed facility or program on enrollment forms and websites.
SECTION 2. This act shall become effective Nov ember 1, 2023.
59-1-1017 DC 1/18/2023 3:19:25 PM