Req. No. 6577 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1641 By: Talley
AS INTRODUCED
An Act relating to children; amending 10 O.S. 2021,
Section 402, which relates to the Oklahoma Child Care
Facilities Licensing Act; modifying term; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10 O.S. 2021, Section 402, is
amended to read as follows:
Section 402. As used in the Oklahoma Child Care Facilities
Licensing Act:
1. "Adult" means an individual eighteen (18) years of age or
older;
2. "Child" or "minor" means any person who has not attained the
age of eighteen (18) years;
3. "Child care center" means a program that operates thirty
(30) or more hours per week;
Req. No. 6577 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
4. "Child care facility" means any public or private child care
residential facility, child -placing agency, foster family ho me,
child care center, part -day program, out-of-school time program, day
camp, drop-in program, program for sick children, community hope
center, family child care home, or large family child care home
providing either full -time or part-time care for children away from
their own homes;
5. "Child-placing agency" means an agency that arranges for or
places a child in a foster family home, adoptive hom e, or
independent living program;
6. "Foster family home" means the private residence of a family
which provides foster care services to a child, and includes a
specialized foster h ome, a therapeutic foste r family home, or a
kinship care home;
7. "Foster parent eligibility assessment" includes a criminal
background investigation, including, but not limited to, a national
criminal history records search based upon the submission of
fingerprints, a home asse ssment, and any other assessment required
by the Department of Human Services, the Office of Juvenile Affairs,
or any child-placing agency pursuant to the provisions of Section 1 -
7-106 of Title 10A of the Oklahoma Statutes. A foste r parent
eligibility assessment shall be similar to the procedures used by
the Department of Public Safety for determining suitability of an
individual for employment as a highway patrol officer;
Req. No. 6577 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
8. "Department" means the Department of Human Services;
9. "Division" means the section within the Department that is
assigned responsibilities pursuant to the provisions of the Oklahoma
Child Care Facilities Licensing Act;
10. "Family child care home " means a family home which provides
care and supervision for seven or fewer children for part of the
twenty-four-hour day. The term "family child care home" shall not
include informal arrangements which parents make independently with
neighbors, friends, and others, or with caretakers in the child 's
own home;
11. "Full-time care" means continuous care given to a child
beyond a minimum period of twenty-four (24) hours;
12. "Large family child care home " means a residential family
home which provides care and supervision for eight to twelve
children for part of the twenty-four-hour day;
13. "Part-day child care program " means a program that provides
care and supervision for children and that operates for more than
fifteen (15) and up to thirty (30) hours per week;
14. "Program" means the business entity that provid es care,
supervision, and learning opportunities for children;
15. "Rap back" means a notification from the Oklahoma State
Bureau of Investigation to the Department of subsequent criminal
activity of individuals whose criminal background checks have been
Req. No. 6577 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
completed pursuant to th e requirements of the Oklahoma Child Care
Facilities Licensing Act;
16. "Residential child care facility " means a twenty-four-hour
residential facility where children live together with or are
supervised by adults who are not their parents or relatives;
17. "Responsible entity" means an individual who i s authorized
to obligate the business; and
18. "Specialized service professional " means an individual from
an academic discipline or field of expertise who provides
individualized services to a child, such as behavioral or physical
therapists.
SECTION 2. This act shall become effective November 1, 2023.
59-1-6577 CMA 01/10/23