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STATE OF OKLAHOMA
2nd Session of the 59th Legislatu re (2024)
HOUSE BILL 3545 By: Talley
AS INTRODUCED
An Act relating to children; amending 10 O.S. 2021,
Section 404, which relates to child care facilities ;
requiring members of advisory committees to be
representatives of lice nsed facilities; assigning
duties; requiring majority of committee to consist of
certain representatives; modifying requirements of
representation on committee; modifying who the
Department of Human Services m ust consult for the
promulgation of rules; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF T HE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10 O.S. 2021, Section 404, is
amended to read as follows:
Section 404. A. 1. The Department of Human Services, in
consultation with the Oklahoma Commission on Children and Youth,
shall appoint advisory committees of representatives of licensed
child care facilities and others to recommend:
a. recommend and prepare minimum requirements and
desirable standards for promulgation by the
Department, and
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b. provide advice, recommendations , and guidance
regarding concerns brough t by child care facilities or
referred by the Department to assist facilities in
meeting minimum requirements .
2. Committee members shall be appointed for a three-year term,
with a two-consecutive-term limit terms per the advisory co mmittee
bylaws. A majority of any committee appointed to prepare
requirements and standards for child care faciliti es shall be
representatives of the type of licensed child care programs that are
the subject of the requirements and standards . The committees shall
include representation for all categories of facilities licensed by
the Department and shall be comprised as follows:
a. the Residential Children's Services subcommittee shall
include at a minimum:
(1) a representative of a statewide organization
representing children in care arrangements
outside their own home,
(2) a representative of a statewide organization
providing residential services to youth in state
custody,
(3) a recipient or former rec ipient of youth services
for children in state custo dy,
(4) a representative of a statewide organizatio n
promoting adoption services,
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(5) a parent or guardian providing foster care to a
child or children in state custody,
(6) a representative from a nonpub lic, long-term
residential care facility for childre n in state
custody,
(7) a representative from an or ganization promoting
the interests of Native American children in
state custody,
(8) a provider of medical services for children,
(9) a practicing behavioral health services provider,
(10) a representative from an agency providing child -
placing services, and
(11) other appropriate representatives at the
discretion of the Department of Hu man Services
and Commission on Children and Youth,
b. the Child Care Centers subcommittee shall include at a
minimum:
(1) a representative of a statewide organization
advocating for children in care arrangements
outside their own home,
(2) a representative of a statewide organization
conducting programs for school -age children,
(3) a parent or guardian with a child attending a
licensed child care facility,
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(4) a representative of a licensed child care
facility in a rural area,
(5) a representative of a stat ewide organization
advocating for licensed child care facilities
owned or operated by Native Americans,
(6) a representative of a licensed child care
facility in an urban/su burban area,
(7) a representative of a statewide organization
advocating for progra ms provided under the Head
Start program,
(8) a representative with kn owledge of child care
programs offered by career tec hnology center in
this state,
(9) a representative of a statewide organization
advocating for early childhood education
programs,
(10) a representative of a statewide organization
providing resources and referrals to child care
facilities,
(11) a provider of medical services for children, and
(12) other appropriate representatives at the
discretion of the Department of Human Services
and Commission on Children and Youth,
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c. the Child Care Homes subcommitte e shall include at a
minimum:
(1) a representative of a statewide organization
advocating for children in care arrangements
outside their own home,
(2) a parent or guardian with a child receiving care
at a licensed child care home,
(3) a representative of a licensed child care home in
a rural area,
(4) a representative of a statewide organization
advocating for licensed child care facilities
owned or operated by Native Americans,
(5) a representative of a licensed child care home in
an urban/suburban area,
(6) a representative of a statewide organization
advocating for early childhood education
programs,
(7) a representative of a statewide organization
providing resources and referrals to child care
facilities,
(8) a provider of medical services for children , and
(9) other appropriate representatives at the
discretion of the Department of Human Services
and Commission on Children and Youth, and
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d. the Quality Rating and Improvement System s ubcommittee
shall include representatives of child care centers
and child care homes currently licensed by the State
and other members as determined by the Department of
Human Services and the Commission on Children and
Youth.
3. The Department shall crea te a Child Care Facility Peer
Review Board whose purpose shall be to p articipate in the
Department's grievance process. A majority of the Board shall be
representatives of child care facilities. The Department shall
promulgate rules specifying the duties of the Child Care Facility
Peer Review Board in the grievance process .
4. The child care advisory committee shall design ate two people
three advisory committee members to serve on the Department 's Stars
Administrative Review Panel. At least one designee two designees
shall be the owner owners or operator operators of a licensed child
care center.
B. Child care facilities shall not allow children to be left
alone in the care of any person under eighteen (18) years of age
without supervision or si xteen (16) years of age with supervision as
delineated by the Department 's rules. Child care c enters and family
child care homes shall not:
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1. Use soft or loose bedding, including, but not limited to,
blankets, in sleeping equipment or in sleeping areas used only for
infants;
2. Allow toys or educational devices in sleeping equipment or
in a sleeping area used only for infants; or
3. Place a child in sleeping equipment or in a sleeping area
which has not been previously approved for use as such by the
Department.
C. The Department shall promulgate rules establishing minimum
requirements and desi rable standards as may be deemed ne cessary or
advisable to carry out the provisions of the Oklahoma Child Care
Facilities Licensing Act.
D. Such rules shall not be promulgated until after consultation
with the State Department of Health, the State Departm ent of
Education, the Oklahoma Stat e Bureau of Investigation, the State
Fire Marshal, the Commission on Children and Youth, the Oklahoma
Department of Mental Hea lth and Substance Abuse Services, the Office
of Juvenile Affairs, the Governor -appointed State Advisory Council,
and any other agency deemed necessary by the Department. Not less
than sixty (60) days ' notice, by regular mail, shall be given to all
current licensees before any changes are made in such rules.
E. In order to improve th e standards of child care, the
Department shall advise and cooperate with licensees, the governing
bodies and staff of licensed child care facilities and assist the
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staff through advice of progressive methods and procedures, and
suggestions for the improve ment of services.
F. The Department may participa te in federal programs for child
care services, and enter into agreements or plans on behalf of the
state for that purpose, in accorda nce with federal laws and
regulations.
SECTION 2. It being immediate ly necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage an d approval.
59-2-9695 CMA 01/17/24