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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 611 By: Garvin
AS INTRODUCED
An Act relating to child care; amending 10 O.S. 2021,
Section 404, which relates to m inimum requirements
and desirable standards ; limiting certain ratio and
exempting certain children from ratio; prohibi ting
Director of the Department of Human Services from
imposing certain requirements on child care
facilities; requiring certa in equipment to be age
appropriate and determined by certain ind ividuals;
providing certain construction; updating statutory
language; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOM A:
SECTION 1. AMENDATORY 10 O.S. 2021, Section 404, is
amended to read as follows:
Section 404. A. 1. The Director of the Department of Human
Services, in consultation wit h the Oklahoma Commission on Children
and Youth, shall appoint advisory committees of represen tatives of
child care facilities and others to recommend minimum requirements
and desirable standards for promulgation by the Department Director.
2. Committee members shall be appointed for a three-year term,
with a two-consecutive-term limit. The commi ttees shall include
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representation for all categori es 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 organizati on
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 recipient of youth services
for children in state cus tody,
(4) a representative of a statewide organizat ion
promoting adoption services,
(5) a parent or guardian providing foster care to a
child or children in state custody,
(6) a representative from a nonpublic, long -term
residential care facility for child ren in state
custody,
(7) a representative from an organization promoting
the interests of Native American children in
state custody,
(8) a provider of medical se rvices for children,
(9) a practicing behavioral health services provider,
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(10) a representative from an agency providing child -
placing services, and
(11) other appropriate representatives at the
discretion of the Department of Human Services
Director and the Oklahoma Commission on Children
and Youth,
b. the Child Care Centers subcommittee shall in clude at a
minimum:
(1) a representative of a state wide 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 facil ity,
(4) a representative of a licensed child care
facility in a rural area,
(5) a representative of a statewid e organization
advocating for licensed child care facilities
owned or operated by Native Ameri cans,
(6) a representative of a licensed child care
facility in an urban/su burban area,
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(7) a representative of a statewide organization
advocating for programs p rovided under the Head
Start program,
(8) a representative with knowledge of child care
programs offered by career technology 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 chi ldren, and
(12) other appropriate representatives at the
discretion of the Department of Human Services
Director and the Oklahoma Commission on Children
and Youth,
c. the Child Care Homes subcommittee shal l include at a
minimum:
(1) a representative of a s tatewide organization
advocating for children in care arrangements
outside their own home,
(2) a parent or guardian with a child receiving c are
at a licensed child care home,
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(3) a representative of a lice nsed 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 A mericans,
(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
Director and the Oklahoma Commission on Children
and Youth, and
d. the Quality Rating and Improveme nt System subcommittee
shall include representatives of child car e centers
and child care homes currently licensed b y the State
and other members as determined by the Department of
Human Services Director and the Oklahoma Commission on
Children and Youth.
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3. The Department shall create a Child Care Facility Peer
Review Board whose purpose shall be to participate in the
Department’s grievance process. A majority of the Board shall be
representatives of child care facilities. T he Department Director
shall promulgate rules specifying the duties of 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 Administrati ve Review Panel. At least one
designee shall be the owner 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 si xteen (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 sha ll not:
1. Use soft or loose bedding, including, but not limited to,
blankets, in sleeping equipment or in sle eping 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 s uch by the
Department Director.
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C. The Department Director shall promulgate rules establishin g
minimum requirements and desirable standards as m ay be deemed
necessary or advisable to carry out the provisions of the Oklahoma
Child Care Facilities Licensing Act.
D. Such rules shall no t be promulgated until after consultation
with the State Departme nt 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 Health and Substance Abuse Services
and any other agency d eemed necessary by the Department Director.
Not less than sixty (60) days ’ notice, by regular mail, shall be
given to all current licensees before any changes ar e made in such
rules.
E. In order to improve the standards of child care, the
Department shall advise and cooperate with licensees, the governin g
bodies and staff of licensed child care facilities and assist the
staff through advice of progressive methods and procedures, and
suggestions for the improvement of services.
F. The Department may parti cipate 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 laws an d
regulations.
G. If the Director establishes a ratio of toilets to children
for child care facilities, that ratio shall not be less than one
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toilet for every twenty-five children, and children two (2) years of
age and under shall not be counted for the purpose of such ratio.
H. Unless required by federal law or regulation, the Director
shall not require child care facilities to have any particul ar toys
or play equipment. Toys or play equipment provided by child care
facilities shall be age appro priate and shall be determined by
directors of child care facilities and master teachers. Nothing in
this subsection shall prevent the Director from pro mulgating rules
pertaining to safety requirements for toys or play equipment.
SECTION 2. This act shall become effective November 1, 2023.
59-1-1668 DC 1/17/2023 7:39:50 PM