Oklahoma 2025 Regular Session

Oklahoma House Bill HB1390 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	ENGR. H. B. NO. 1390 Page 1 1
	3	+	HB1390 HFLR Page 1
	4	+	BOLD FACE denotes Committee Amendments. 1
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28		-	ENGROSSED HOUSE
29		-	BILL NO. 1390 By: Provenzano of the House
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 60th Legislature (2025)
	34	+
	35	+	HOUSE BILL 1390 By: Provenzano of the House
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31	37		and
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33	39		Coleman of the Senate
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	45	+	AS INTRODUCED
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40	47		An Act relating to the Oklahoma Child Care Fa cilities
41	48		Licensing Act; amending 10 O.S. 2021, Section 406,
42	49		which relates to investigations; directing that
43	50		report remain available; and providing an effective
44	51		date.
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50	57		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
51	58		SECTION 1. AMENDATORY 10 O.S. 2021, Section 406, is
52	59		amended to read as follows:
53	60		Section 406. A. 1. Except as provided in paragraph 2 of this
54	61		subsection, the Department of Human Services shall have authority at
55	62		any reasonable time to investigate and ex amine the conditions of any
56	63		child care facility in which a licensee or applicant hereunder
57	64		receives and maintains children, and shall have authority at any
58	65		time to require the facility to provide information pertaining to
59	66		children in its care.
60		-	2. When the Department of Human Services is reviewing the star
61		-	rating of a child care program with a capacity of fifty or more, the
62		-	comprehensive visit to inspect and examine the program shall be
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64		-	ENGR. H. B. NO. 1390 Page 2 1
	68	+	HB1390 HFLR Page 2
	69	+	BOLD FACE denotes Committee Amendments. 1
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	94	+	2. When the Department of Human Services is reviewing the star
	95	+	rating of a child care program with a capacity of fifty or more, the
	96	+	comprehensive visit to inspect and examine the program shall be
89	97		scheduled with the administration of the program at least one (1)
90	98		week in advance of the visit, if requested by the child care
91	99		facility.
92	100		B. 1. The State Department of Health may visit any licensee or
93	101		applicant at the request of the Department to advise on matters
94	102		affecting the health of children and to inspect the sanitatio n of
95	103		the buildings used for their care.
96	104		2. The State Fire Marshal may visit any licensee or applicant
97	105		at the request of the Department to advise on matters affecting the
98	106		safety of children and to inspect the condition of the buildings
99	107		used for their care.
100	108		C. 1. Upon receipt of a complaint against any child care
101	109		facility alleging a violation of the provisions of the Oklahoma
102	110		Child Care Facilities Licensing Act, or any licensing standard
103	111		promulgated by the Department, the Department shall conduct a full
104	112		investigation. If upon investigation, it is determined that there
105	113		are reasonable grounds to believe that a facility is in violation of
106	114		the Oklahoma Child Care Facilities Licensing Act or of any standard
107	115		or rule promulgated pursuant thereto, the Department s hall:
108	116		a. document the complaint,
109		-	b. provide the complaint allegations in writing to the
110		-	facility involved and, upon writ ten request by the
111		-	child care facility, provide a su mmary of the facts
112		-	used to evaluate the completed complaint, and
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114		-	ENGR. H. B. NO. 1390 Page 3 1
	118	+	HB1390 HFLR Page 3
	119	+	BOLD FACE denotes Committee Amendments. 1
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	144	+	b. provide the complaint allegations in writing to the
	145	+	facility involved and, upon written request by the
	146	+	child care facility, provide a summary of the facts
	147	+	used to evaluate the completed complaint, and
139	148		c. document the facility's plan for correcting any
140	149		substantiated violations.
141	150		2. If the Department determines there has been a violation and
142	151		the violation has a direct impact on the health, safety or w ell-
143	152		being of one or more of the children cared for by the facility, the
144	153		Department shall notify the facility and require correction of the
145	154		violation.
146	155		3. The Department shall notify the facility that failure to
147	156		correct the confirmed violation can result in the revocation of the
148	157		license, the denial of an application for a license , the issuance of
149	158		an emergency order or the filing of an injunction pursuant to the
150	159		provisions of Section 409 of this title.
151	160		4. If the facility refuses to correct a violation or fai ls to
152	161		complete the plan of correction, the Department may issue an
153	162		emergency order, revoke the license, or deny the application for a
154	163		license. Nothing in this section or Section 407 of this title shall
155	164		be construed as preventing the Department from denying an
156	165		application, revoking a license, or issuing an emergency order for a
157	166		single violation of this act, or the rules of the Department as
158	167		provided in Section 404 of this title.
159		-	5. If the Department determines there has been a substantiated
160		-	finding of heinous and shocking abuse by a person responsible for a
161		-	child's health, safety or welfare, as those terms are defined in
162		-	Section 1-1-105 of Title 10A of the Oklahoma Statutes, the
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164		-	ENGR. H. B. NO. 1390 Page 4 1
	169	+	HB1390 HFLR Page 4
	170	+	BOLD FACE denotes Committee Amendments. 1
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	195	+	5. If the Department determines there has been a substantiated
	196	+	finding of heinous and shocking abuse by a person responsible for a
	197	+	child's health, safety or welfare, as those terms are defined in
	198	+	Section 1-1-105 of Title 10A of the Oklahoma Statutes, the
189	199		Department shall notify the child care facility owner or operator
190	200		and the child care resource and referral organization in writing
191	201		immediately or not lat er than one (1) business day after the
192	202		substantiated finding. Upon receiving notice of a substantiated
193	203		finding, the facility owner or operator shall attempt to immediately
194	204		notify, but not later than seventy -two (72) hours after receiving
195	205		notice of the substantiated finding, parents or legal guardians of
196	206		children attending the facility by certified mail.
197	207		D. Upon the completion of the investigation of a complaint
198	208		against any child care facility alleging a violation of the
199	209		provisions of the Oklahoma Child Ca re Facilities Licensing Act or
200	210		any licensing standard promulgated thereto by the Department, the
201	211		Department shall clearly designate its findings on the first page of
202	212		the report of the investigation. The findings shall state whether
203	213		the complaint was subst antiated or unsubstantiated. The report
204	214		shall remain available in a manner that is accessible to the public,
205	215		regardless of whether the facility owner 's or operator's license is
206	216		active or inactive.
207	217		E. Information obtained by the Department or Oklahoma Chi ld
208	218		Care Services concerning a report of a violation of a licensing
209		-	requirement, or from any licensee regarding children or their
210		-	parents or other relatives shall be deemed confidential and
211		-	privileged communications, shall be properly safeguarded, and shall
212		-	not be accessible to anyone except as herein provided, unless upon
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214		-	ENGR. H. B. NO. 1390 Page 5 1
	220	+	HB1390 HFLR Page 5
	221	+	BOLD FACE denotes Committee Amendments. 1
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	246	+	requirement, or from any licensee regarding children or their
	247	+	parents or other relatives shall be deemed confidenti al and
	248	+	privileged communications, shall be properly safeguarded, and shall
	249	+	not be accessible to anyone except as herein provided, unless upon
239	250		order of a court of competent jurisdiction. Provided, however, this
240	251		provision shall not prohibit the Department from providing a summary
241	252		of allegations and findings of an investigation in volving a child
242	253		care facility that does not disclose identities but that permits
243	254		parents to evaluate the facility.
244	255		F. The Department shall promulgate rules to establish and
245	256		maintain a grievance process that shall include an anonymous
246	257		complaint system for reporting and investigating complaints or
247	258		grievances about employees of the Department who retaliate against a
248	259		child care facility or facility employee.
249	260		SECTION 2. This act shall become effective November 1, 2025.
250		-	Passed the House of Representatives the 4th day of March, 2025.
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255		-	Presiding Officer of the House
256		-	of Representatives
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260		-	Passed the Senate the ____ day of __________, 2025.
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265		-	Presiding Officer of the Senate
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	262	+	COMMITTEE REPORT BY: COM MITTEE ON HEALTH AND HUMAN SERVICES
	263	+	OVERSIGHT, dated 02/26/2025 - DO PASS, As Coauthored.