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ENGROSSED HOUSE
BILL NO. 1390 By: Provenzano of the House
and
Coleman of the Senate
An Act relating to the Oklahoma Child Care Facilities
Licensing Act; amending 10 O.S. 2021, Section 406,
which relates to investigations; directing that
report remain available; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10 O.S. 2021, Section 406, is
amended to read as follows:
Section 406. A. 1. Except as provid ed in paragraph 2 of this
subsection, the Department of Human Services shall have authority at
any reasonable time to investigate and examine the conditions of any
child care facility in which a licensee or applicant hereunder
receives and maintains childr en, and shall have authority at any
time to require the facility to provide information pertaining to
children in its care.
2. When the Department of Human Services is reviewing the star
rating of a child care program with a capacity of fifty or more, the
comprehensive visit to inspect and examine the program shall be
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scheduled with the administration of the program at least one (1)
week in advance of the visit, if requested by the child care
facility.
B. 1. The State Department of Health may visit any l icensee or
applicant at the request of the Departmen t to advise on matters
affecting the health of children and to inspect the sanitation of
the buildings used for their care.
2. The State Fire Marshal may visit any licensee or applicant
at the request of the Department to advise on matters affecting the
safety of children and to inspect the condition of the buildings
used for their care.
C. 1. Upon receipt of a complaint against any child care
facility alleging a violation of the provisions of the Oklah oma
Child Care Facilities Licensing Act, or any lice nsing standard
promulgated by the Department, the Department shall conduct a full
investigation. If upon investigation, it is determined that there
are reasonable grounds to believe that a facility is in violation of
the Oklahoma Child Care Facilities Licensing Act or of any standard
or rule promulgated pursuant thereto, the Department shall:
a. document the complaint,
b. provide the complaint allegations in writing to the
facility involved and, upon writ ten request by the
child care facility, provide a su mmary of the facts
used to evaluate the completed complaint, and
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c. document the facility 's plan for correcting any
substantiated violations.
2. If the Department determines there has been a violation an d
the violation has a direct impact on the health, safety or well -
being of one or more of the children cared for by the facility, the
Department shall notify the facility and require correction of the
violation.
3. The Department shall notify the facility that failure to
correct the confirmed violation can result in the revocation of the
license, the denial of an application for a license, the issuance of
an emergency order or the filing of an injunction pursuant to the
provisions of Section 409 of this ti tle.
4. If the facility refuses to correct a violation or fails to
complete the plan of correction, the Department may issue an
emergency order, revoke the license, or deny the application for a
license. Nothing in this section or Section 407 of this tit le shall
be construed as preventing the Department f rom denying an
application, revoking a license, or issuing an emergency order for a
single violation of this act, or the rules of the Department as
provided in Section 404 of this title.
5. If the Department determines there has been a substantiated
finding of heinous and shocking abuse by a person 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, the
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Department shall notify the child care facility owner or operator
and the child care resource and referral organization in writing
immediately or not later than one (1) business day after the
substantiated finding. Upon receiving notice of a substantiated
finding, the facility owner or operator shall attempt to immediately
notify, but not later than seventy -two (72) hours after receiving
notice of the substantiated finding, parents or legal guardians of
children attending the facility by certified mail.
D. Upon the completion of the investigation of a complaint
against any child care facility alleging a violation of the
provisions of the Oklahoma Child Care Facilities Licensing Act or
any licensing standard promulgated thereto by the Department, the
Department shall clearl y designate its findings on the first page of
the report of the investigation. The findings shall state whether
the complaint was substantiated or unsubstantiated. The report
shall remain available in a manner that is accessible to the public,
regardless of whether the facility owner 's or operator's license is
active or inactive.
E. Information obtained by the Department or Oklahoma Child
Care Services concerning a report of a violation of a licensing
requirement, or from any licensee regarding children or their
parents or other relatives shall be deemed confidential and
privileged communications, shall be properly safeguarded, and shall
not be accessible to anyone except as herein provided, unless upon
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order of a court of competent jurisdiction. Provide d, however, this
provision shall not prohibit the De partment from providing a summary
of allegations and findings of an investigation involving a child
care facility that does not disclose identities but that permits
parents to evaluate the facility.
F. The Department shall promulgate rules to establish and
maintain a grievance process that shall include an anonymous
complaint system for reporting and investigating complaints or
grievances about employees of the Department who retaliate against a
child care facility or facility employee.
SECTION 2. This act shall become effective November 1, 2025.
Passed the House of Representatives the 4th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the ____ day of __________, 2025.
Presiding Officer of the Senate