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SENATE FLOOR VERSION
February 8, 2024
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 1239 By: Hamilton
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. 2023, Section 403) , which
relates to exemptions from the Oklahoma Child Care
Facilities Licensing Act ; updating statutory
reference; adding exemption; 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. 2023,
Section 403), is amended to read as follows:
Section 403. A. The provisions of the Oklahoma Child Care
Facilities Licensing Act shall not apply to:
1. Care provided in a child ’s own home or by relatives;
2. Informal arrangements which parents make with friends or
neighbors for the occasional care of th eir 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
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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 and
older and that are operated during typical school hours by a p ublic
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 kin dergarten
through third grade;
7. Summer youth camps, summer programs or after-school programs
for children who are at least four (4) years of a ge, that are
accredited by a natio nal standard-setting agency or church camp
accreditation program, or are accr edited by, chartered by or
affiliated with a nation al non-profit organization;
8. Programs in which children attend on a drop -in basis and
parents are on the premises and readily accessible;
9. A program of specialized activity or instruction for
children that is not designed or intended for child care purposes
including, but not limited to, scouts, 4-H clubs and summer resident
youth camps, programs that limit children from enro lling in multiple
sessions because of the type of activity or ages accepted a nd
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single-activity programs such as academics, athl etics, gymnastics,
hobbies, art, music, dance and craft instruction;
10. Any child care facil ity that:
a. provides care and supervision for fifteen (15) or
fewer hours per week,
b. operates less than ten (10) weeks annually,
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 located 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 m edical 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:
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 students reasonable
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opportunities to return to their primary places of
residence with parents or legal guardians;
13. Day treatment programs and maternity homes 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., Section
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 Defense or by the United S tates Coast
Guard; and
18. A family child care home that operates for thirty (30) or
fewer hours per week .
B. The provisions of the Oklahoma Child Care Facilities
Licensing Act shall be equally incumbent upon all private and public
child care facilities.
SECTION 2. This act shall become effective November 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICE S
February 8, 2024 - DO PASS AS AMENDED BY CS