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SENATE FLOOR VERSION
February 9, 2023
SENATE BILL NO. 424 By: Pugh
An Act relating to child care; amending 10 O.S. 2021,
Section 404, which relates to m inimum requirements
and desirable standards ; eliminating certain
restriction on notice re quirement; updating statutory
language; amending 10 O.S. 2021, Section 404.1 , which
relates to child care facility license; eliminating
certain restriction on rule promulgation; updating
statutory language; and providing an effe ctive date.
BE IT ENACTED BY THE PEOPLE OF THE 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 child care
facilities and others to recommend minimum requirements and
desirable standards for promulgation by the Department.
2. Committee member s shall be appointed for a th ree-year term,
with a two-consecutive-term limit. The committees shall include
representation for all categories of facilities licens ed by the
Department and shall be co mprised as follows:
a. the Residential Children ’s Services subcommittee shall
include at a minimum:
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(1) a representative of a statewide organization
representing children in care arrangements
outside their own home,
(2) a representative of a statewide orga nization
providing residential services to youth in state
custody,
(3) a recipient or former recipient of youth services
for children in state custody,
(4) a representative of a statewide organizatio n
promoting adoption services,
(5) a parent or guardian p roviding foster care to a
child or children in state cust ody,
(6) a representative fro m a nonpublic, long-term
residential care facility for children in state
custody,
(7) a representative from an or ganization promoting
the interests of Native American chi ldren in
state custody,
(8) a provider of medical service s for children,
(9) a practicing behavioral health services provider,
(10) a representative from an agency providing child -
placing services, and
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(11) other appropriate representatives at the
discretion of the Department of Human Services
and Oklahoma 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 organi zation
conducting programs fo r school-age children,
(3) a parent or guardian with a child attending a
licensed child care facility,
(4) a representative of a licensed child care
facility in a rural a rea,
(5) a representative of a statewide organization
advocating for licensed child ca re 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 programs provided under the Head
Start program,
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(8) a representative with knowledge of child care
programs offered by career technology center in
this state,
(9) a representative of a statewide organi zation
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 representat ives at the
discretion of the Department of Human Services
and Oklahoma Commission on Children and Youth,
c. the Child Care Homes 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 parent or guardian with a child receiving car e
at a licensed child care home,
(3) a representative of a licensed child care home in
a rural area,
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(4) a representative of a statewide organization
advocating for licensed child c are 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 Oklahoma Commission on Children and Youth,
and
d. the Quality Rating and Improvement System subco mmittee
shall include representatives of child care centers
and child care homes currently licensed by the State
state and other members as determined by the
Department of Human Services and the Oklahoma
Commission on Children and Youth.
3. The Department shall create a Child Care Fa cility Peer
Review Board whose purpose shall be to participate in the
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Department’s grievance process. A majority of the Board shall be
representatives of child care facilities. The Director of the
Department shall promulgate rules specifying the duties o f the Child
Care Facility Peer Review Board in the grievance process.
4. The advisory committee shall designate two people to serve
on the Department’s Stars Administrative Review Panel. At least one
designee shall be the own er or operator 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 s ixteen (16) years of age with supervision as
delineated by the Department’s rules promulgated by the Director.
Child care centers and family child care homes shall not:
1. Use soft or loose bedding, including, but not limited to,
blankets, in sleeping eq uipment or in sleeping areas used only for
infants;
2. Allow toys or educational devi ces 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 appr oved for use as such by the
Department.
C. The Director of the Department shall promu lgate rules
establishing minimum requirements and desirable standards as may be
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deemed necessary or advisable to carry out the provisions of the
Oklahoma Child Care Facil ities Licensing Act.
D. Such rules shall not be promulgated until after consultation
with the State Department of Health, the State Department of
Education, the Oklahoma State Bureau of Investigation, the State
Fire Marshal, the Oklahoma Commission on Children and Youth, the
Oklahoma Department of Mental Hea lth and Substance Abuse Services
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 chan ges 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
staff through advice of progressive m ethods and procedures, and
suggestions for the improve ment of services.
F. The Department may participate in federal programs for child
care services, and enter into agreements or plans on behalf of the
state for that purpose, in accordance with federal l aws and
regulations.
SECTION 2. AMENDATORY 10 O.S. 2021, Section 404.1, is
amended to read as follows:
Section 404.1. A. On and after November 1, 2013:
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1. Prior to the issuance of a permit or li cense, owners and
responsible entities making a request to estab lish or operate a
child care facility shall have:
a. an Oklahoma State Courts Network search conducted by
the Department,
b. a Restricted Registry search conducted by the
facility,
c. a national criminal history records searc h conducted
pursuant to paragraph 10 of this subsection,
d. a criminal history records and sex offender registry
search conducted by an authorized sou rce, when the
individual has lived outside this state within the
last five (5) years,
e. a search of the Department of Corrections ’ files
maintained pursuant to th e Sex Offenders Registration
Act and conducted by the Department of Human Services,
f. a search of any available child abuse and neglect
registry within a state the i ndividual has resided in
within the last five (5) years,
g. search of the nontechnical ser vices worker abuse
registry maintained by the State Department of Health
pursuant to Section 1-1950.7 of Title 63 of the
Oklahoma Statutes, and
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h. a search of the community services worker registry
maintained by the Department of Human Services
pursuant to Section 1025.3 of Title 56 o f the Oklahoma
Statutes;
2. Prior to the employment of an individual:
a. an Oklahoma State Courts Network search, conducted by
the Department, shall be requested and rec eived by the
facility; provided however, if twenty-four (24) hours
has passed from the time the request to the Department
was made, the facility may initiate employment,
notwithstanding the provisions of this paragraph,
b. a Restricted Registry search shal l be conducted by the
facility with notification of the s earch submitted to
the Department,
c. a national criminal history records search purs uant to
paragraph 10 of this subsection shall be submitted,
d. a criminal history records and sex offender registr y
search conducted by an author ized source, when the
individual has lived outside this state within the
last five (5) years, shall be submitt ed to the
Department,
e. a search of the Department of Corrections ’ files
maintained pursuant to the Sex Offenders Registration
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Act shall be conducted by the Department and received
by the facility,
f. a search of any available child abuse and neglect
registry within a state the individual has resided in
within the last five (5) years,
g. search of the nontechnical ser vices worker abuse
registry maintained by the State Depar tment of Health
pursuant to Section 1-1950.7 of Title 63 of the
Oklahoma Statutes, and
h. a search of the community services worker registry
maintained by the Departm ent of Human Services
pursuant to Section 1025.3 of Title 56 of the Oklahoma
Statutes;
3. Prior to allowing unsupervis ed access to children by
employees or individuals, including contract employees and
volunteers and excluding the exceptions in paragraph 8 of this
subsection:
a. Oklahoma State Courts Network search re sults,
conducted by the Department, shall be received b y the
facility,
b. a Child Care child care Restricted Registry search
shall be conducted by the facility with notification
of the search submitted t o the Department,
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c. national criminal history records search re sults
pursuant to paragraph 10 of this subse ction shall be
received by the facility,
d. a criminal history records and sex offender registry
search conducted by an authorized source, when the
individual has lived o utside this state within the
last five (5) years shall be submitted to the
Department,
e. a search of the Department of Corrections’ files
maintained pursuant to the Sex Offenders Registration
Act shall be conducted by the Department and received
by the facility,
f. a search of any available child abuse and neglect
registry within a state t he individual has resided in
within the last five (5) y ears,
g. search of the nontechnical services worker abuse
registry maintained by the State De partment of Health
pursuant to Section 1-1950.7 of Title 63 of t he
Oklahoma Statutes, and
h. a search of the community services worker registry
maintained by the Department of Human Services
pursuant to Section 1025.3 of Title 56 of the Oklahoma
Statutes;
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4. Prior to the issuance of a permit or license and prior to
the residence of adults who subsequently move into a facility,
adults living in the facility excluding the exception in paragraph 7
of this subsection shall have:
a. an Oklahoma State Courts Net work search conducted by
the Department and the facility shall b e in receipt of
the search results,
b. a Restricted Registry search conducted by the facility
with notification of the search submitted to the
Department,
c. a national criminal history record s search conducted
pursuant to paragraph 10 of this subsection,
d. a criminal history records and sex offend er registry
search conducted by an authorized source, when the
individual has lived outside this state within the
last five (5) years,
e. a search of the Department of Co rrections’ files
maintained pursuant to th e Sex Offenders Registration
Act conducted by the Department and received by the
facility,
f. a search of any available child abuse and neglect
registry within a state the individual has resid ed in
within the last five (5) years,
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g. search of the nontechni cal services worker abuse
registry maintained by the State Department of Health
pursuant to Section 1-1950.7 of Title 63 of the
Oklahoma Statutes, and
h. a search of the community services wor ker registry
maintained by the Department of Human Services
pursuant to Section 1025.3 of Title 56 of the Ok lahoma
Statutes;
5. Children who reside in the facility and turn eighteen (18)
years of age excluding the exception in paragraph 7 of this
subsection shall have:
a. an Oklahoma State Courts Network search conduc ted by
the Department,
b. a Restricted Registry search conducted by the facility
with notification of the search submitted to the
Department,
c. a national criminal history records search cond ucted
pursuant to paragraph 10 of this subsection, and
d. a search of the Department of Corrections ’ files
pursuant to the Sex Offenders Registration Act
conducted by the Department and received by the
facility;
6. Prior to review of or access to fingerpr int results, owners,
responsible entities, directors, and other individuals who have
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review of or access to fingerprint results shall have a national
criminal history records search pursuant to paragraph 10 of this
subsection;
7. Provisions specified in p aragraphs 4 and 5 of t his
subsection shall not apply to resident s who are receiving services
from a residential child care facility;
8. A national criminal history records search pursuant to
paragraph 10 of this subsection shall not be required for volunt eers
who transport children on an irregular basis when a release is
signed by the parent or legal guardian n oting their understanding
that the volunteer does not have a completed national criminal
history records search . The provisions in paragraph 3 of t his
subsection shall not be required for specialized service
professionals who are not employed by the progr am and have
unsupervised access to a child when a release is signed by the
parent or legal guardian noting his or her understanding of this
exception. These exceptions shall not preclude the Department from
requesting a national fingerprint or an Oklahoma State Bureau of
Investigation name-based criminal history records search or
investigating criminal, abusive, or harmful behavior of such
individuals, if warranted;
9. A national criminal history records search pursuant to
paragraph 10 of this subsection shall be required on or before
November 1, 2016, for existing owners, responsible entities,
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employees, individuals with unsupervised access to child ren, and
adults living in the facility, as of November 1, 2013, unless
paragraph 6 of this subsection applie s;
10. The Department shall require a national criminal history
records search based upon submission of fingerprints that shall:
a. be conducted by the Oklahoma State Bu reau of
Investigation and the Federal Bure au of Investigation
pursuant to Section 150. 9 of Title 74 of the Oklahoma
Statutes and the federal National Child Protection Act
and the federal Volunteers for Children Act with the
Department as the authorized age ncy,
b. be submitted and have results rece ived between the
Department and the Oklahoma State Bureau of
Investigation through secure electronic transmissions,
c. include Oklahoma State Bureau of Investigation rap
back Rap Back, requiring the Oklahoma State Bureau of
Investigation to immediately notify the D epartment
upon receipt of subsequen t criminal history activity,
and
d. be paid by the individual or the facility;
11. The Director of the Department, or designee, shall
promulgate rules that may authorize an exception to the
fingerprinting requirements fo r individuals who have a severe
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physical condition which precludes such i ndividuals from being
fingerprinted;
12. The Director of the Department, or designee, shall
promulgate rules that ensu re individuals obtain a criminal history
records search, not to include the re-submission of finger prints,
not less than once during each five (5) year period;
13. Any individual who refuses to consent to the criminal
background check or knowingly makes a materially-false statement in
connection with such criminal bac kground check shall be ineligible
for ownership of, employment of or residence in a child care
facility; and
14. The Office of Juvenile Affairs shall require national
criminal history records searches, as defined by Section 150.9 of
Title 74 of the Oklaho ma Statutes, which shall be provide d by the
Oklahoma State Bureau of Investigation for the purpose of obtaining
the national criminal history records search, including Rap Back
notification of and through direct request by the Office of Juvenile
Affairs on behalf of any:
a. operator or responsible entity making a request to
establish or operate a secure detention center,
municipal juvenile facility, community intervention
center or secure facil ity licensed or certified by the
Office of Juvenile Affairs,
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b. employee or applicant of a secure d etention center,
municipal juvenile facility, community intervention
center or secure facility licensed or certified by the
Office of Juvenile Affairs, or
c. persons allowed unsupervised access to children,
including contract employees or volunteers, of a
secure detention center, municipal juvenile facility,
community intervention center or secure facility
licensed or certified by the Office of Juvenile
Affairs.
B. 1. a. On and after September 1, 1998:
(1) any child-placing agency contracting with a
person for foster family home services or in any
manner for services for the care and supervision
of children shall also, prior to executing a
contract, complete:
(a) a foster parent eligibility assessment for
the foster care provider except as otherwise
provided by divisions (2) and (4) of this
subparagraph, and
(b) a national criminal history records search
based upon submission of fingerprints for
any adult residing in the foster family home
through the Department of Human Se rvices
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pursuant to the provisions of Section 1-7-
106 of Title 10A of the Oklahoma Statutes,
except as otherwise provided by divisions
(2) and (4) of this subparagraph,
(2) the child-placing agency may place a child
pending completion of the national crimin al
history records search if the fos ter care
provider and every adult residing in the foster
family home has resided in this state for at
least five (5) years immediately preceding such
placement,
(3) a national criminal history records search based
upon submission of fingerprints to the Okl ahoma
State Bureau of Investigation shall also be
completed for any adult who subsequently moves
into the foster family home,
(4) provided, however, the Dire ctor of Human Services
or the Director of the Office of Juvenil e
Affairs, or a designee, may author ize an
exception to the fingerprinting requirement for a
person residing in the home who has a severe
physical condition which precludes such person ’s
being fingerprinted, and
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(5) any child care facility contracting with any
person for foster family home s ervices shall
request the Office of Juvenile Affairs to conduct
a juvenile justice information system review,
pursuant to the provisions of Sections 2 -7-905
and 2-7-308 of Title 10A of the Oklahoma
Statutes, for any chil d over the age of thirteen
(13) years residing in the foster family home,
other than a foster child, or who subsequently
moves into the foster family home . As a
condition of contract, the chil d care facility
shall obtain the consent of the parent or legal
guardian of the child for such review.
b. The provisions of this paragraph sh all not apply to
foster care providers having a contract or contracting
with a child-placing agency, the Department of Human
Services or the Office of Juvenile Affairs prior to
September 1, 1998. Such existing foster care
providers shall comply with the p rovisions of this
section, until otherwise provided by rules of the
Department promulgated by the Director or by law.
2. a. (1) On and after September 1, 1998, except as
otherwise provided in di visions (2) and (4) of
this subparagraph, prior to contracting with a
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foster family home for placement of any child who
is in the custody of the Department of Human
Services or the Office of Juvenile Affairs, each
Department shall complete a foster parent
eligibility assessment, pursuant to the
provisions of the Okla homa Child Care Facilities
Licensing Act, for such foster family applicant .
In addition, except as otherwise provi ded by
divisions (2) and (4) of this subparagraph, the
Department shall complet e a national criminal
history records search based upon submis sion of
fingerprints for any adult residing in such
foster family home.
(2) The Department of Human Services and Of fice of
Juvenile Affairs may place a child pending
completion of the national c riminal history
records search if the foster care provider and
every adult residing in the foster family home
has resided in this state for at least five (5)
years immediately preceding such placement.
(3) A national criminal history records search based
upon submission of fingerprints conducted by the
Oklahoma State Bureau of Investigation shall also
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be completed for any adult who subsequently moves
into the foster family home.
(4) The Director of Human Services or the Director of
the Office of Juvenile Af fairs or their designee
may authorize an exception to the fing erprinting
requirement for any person residing in the home
who has a severe physical condition which
precludes such person’s being fingerprinted.
b. The provisions of this paragraph shall not ap ply to
foster care providers having a contract or contracting
with a child-placing agency, the Department of Human
Services or the Office of Juvenile Affairs prior to
September 1, 1998. Such existing foster care
providers shall comply with the provisions of this
section, until otherwise provided by rules of the
Department promulgated by the Director or by law.
3. The Department of Human Services or the Office of Juvenile
Affairs shall provide for a juvenile justice information system
review pursuant to Se ction 2-7-308 of Title 10A of the Oklahoma
Statutes for any child over the age of thirteen ( 13) years residing
in a foster family home, other than the foster child, or who
subsequently moves into the foster family home.
C. The Director of the Department or the Board of Juvenile
Affairs shall promulgate rules t o identify circumstances when a
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criminal history records search or foster parent eligibility
assessment for an applicant or contractor, or any person over the
age of thirteen (13) years residing in a private residence in which
a child care facility is loca ted, shall be expanded beyond the
records search conducted by the Oklahoma State Bureau of
Investigation or as otherwise provided pursuant to this section.
D. Except as otherwise provided by the Okla homa Children’s Code
and subsection F of this section, a conviction for a crime shall not
be an absolute bar to employment, but shall be considered in
relation to specific emplo yment duties and responsibilities.
E. 1. Information received pursuant to thi s section by an
owner, administrator, or responsible ent ity of a child care
facility, shall be maintained in a confidential manner pursuant to
applicable state and federal laws.
2. The information, along with any other information relevant
to the ability of the individual to perform tasks that require
direct contact with children, may be released to another child care
facility in response to a request from the child care facilit y that
is considering employing or contracting with the individual unless
deemed confidential by state and federal laws.
3. Requirements for confidentiality and recordkeeping with
regard to the information shall be the same for the child care
facility receiving the information in response to a request as those
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provided for in paragr aph 1 of this subsection for the child care
facility releasing such information.
4. Information received by any facility certified by the Office
of Juvenile Affairs may be rele ased to another facility certified by
the Office if an individual is being cons idered for employment or
contract, along with any other relevant information, unless the
information is deemed confidential by state or federal law . Any
information received by the Office shall be maintained in a
confidential manner pursuant to applicable state and federal law.
F. 1. It shall be unlawful for individuals who are required to
register pursuant to the Sex Offenders Registration Act to work with
or provide services to children or to reside in a child care
facility and for any employer who off ers or provides services to
children to knowingly and willfully employ or contract with, or
allow continued employment of or contracting with individuals who
are required to register pursuant to the Sex Offenders Registration
Act. Individuals required to register pursuant to the Sex Offenders
Registration Act who violate any provision of Section 401 et s eq. of
this title shall, upon conviction, be guilty of a felony punishable
by incarceration in a correctional facility for a period of not more
than five (5) years and a fine of not more than Five Thousand
Dollars ($5,000.00) or both such fine and imprison ment.
2. It shall be unlawful for an individual who is the
perpetrator of a substantiated finding by the Department of heinous
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and shocking abuse by a per son 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, to work with or provide services
to children or to reside in a child care facility and for any
employer who offers or provides services to children to knowingly
and willfully employ or contract with, or allow cont inued employment
of or contracting with such individual.
3. Upon a determination by the Department of any violation of
the provisions of this section, the violator shall be subject to and
the Department may pursue:
a. an emergency order,
b. license revocation or denial,
c. injunctive proceedings,
d. an administrative penalty not t o exceed Ten Thousand
Dollars ($10,000.00), and
e. referral for criminal procee dings.
4. In addition to the penalties specified by thi s section, the
violator may be liable for civil damages.
SECTION 3. This act shall become effective November 1, 202 3.
COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES
February 9, 2023 - DO PASS