Licensing requirements for child care centers

              LICENSING
REQUIREMENTS
for
child care CENters
LICENSINGREQUIREMENTSforchildcarecenters
OKLAHOMADEPARTMENTOFHUMANSERVICES
OklahomaChildCareServices
EffectiveDate:7/01/10FOREWORD
Licensing requirements govern child care facilities in the State of Oklahoma. These rules are minimum requirements for the care and protection of children in care outside their own homes. They were developed by individuals from various professions with expertise in child care, including private providers; the Child Care Advisory Committee; and from input solicited from other providers and the public. The requirements were approved by the Commission for Human Services and the Governor of the State of Oklahoma pursuant to the Oklahoma Administrative Procedures Act.
It is the Oklahoma Department of Human Services’ (OKDHS) intent that licensing requirements are clear, reasonable, fair and enforceable. In the interest of serving the public, comments are welcomed and will be considered for future revisions or development of new requirements. Please complete the form below and send it to:
Oklahoma Department of Human Services Oklahoma Child Care Services P.O. Box 25352 Oklahoma City, OK 73125
COMMENTS REGARDING LICENSING REQUIREMENTS
Licensing Requirements for:
Reference: (Please give the cite and topic of the specific requirement to which you are referring, such as Section 2, re. Definitions.)
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Oklahoma Department of Human Services Oklahoma Child Care Services P.O. Box 25352 Oklahoma City, OK 73125
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REQUIREMENTS FOR CHILD CARE CENTERS
(340:110-3-1 THROUGH 340:110-3-33.2)
Section 1. Purpose1
Section 2. Definitions1
Section 3. Necessity and Issuance of License3
Section 5. Organization3
(a) Responsible agent3
(b) Purpose.4
(c) Notifications4
(d) Public access to records5
(e) Compliance file5
(f) Effect of change in ownership5
Section 5.1. Policy and Procedure5
(a) Content.5
(b) Personnel policy6
(c) Insurance6
Section 6. Records6
(a) Center records6
(b) Children's records6
(c) Teen aide records7
(d) Staff records7
Section 7.1. Requirements for Child Care Center Employees8
(a) General8
(b) Criminal history investigations8
(c) Restrictions9
(d) Child abuse10
(e) Health10
(f) Employee qualifications10
(g) Responsibilities11
(h) Professional development12
Section 9.1. Supervision of Children14
(a) General14
(b) Infants, toddlers and two-year olds15
(c) Preschool-age children15
(d) School-age children15
(e) Staff-child ratios15
(f) Swimming guidelines15
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Section 10. Parent - Staff Communication16
Section 11. Physical Facilities16
(a) Location and construction16
(b) Toileting and hand-washing facilities17
(c) Safety and sanitation18
(d) Licensed capacity20
Section 14. Indoor Equipment21
(a) General21
(b) Minimum equipment for infants22
(c) Minimum equipment for toddlers23
(d) Minimum equipment for two-year-olds23
(e) Minimum equipment for three-year-olds23
(f) Minimum equipment for four- and five-year-olds24
(g) Minimum equipment for school-age children24
Section 22. Outdoor Safety and Play Equipment24
(a) Play space24
(b) Surfaces25
(c) Playground safety26
(d) Outdoor play equipment26
Section 25. Care of Infants, Toddlers, and Two-year-olds27
(a) Environment27
(b) Feeding27
(c) Diaper changing27
(d) Toilet learning28
(e) Program29
Section 25.1. Care of Preschool Children29
(a) Program29
(b) Schedule30
(c) Interactions between staff and children30
Section 25.2. Care of School-age Children30
(a) Characteristics and needs30
(b) Interactions between staff and children30
(c) Activities and program30
Section 25.3. Care of Children with Disabilities31
(a) Program31
(b) Staff instruction31
Section 25.4. Water Activities31
(a) Parental permission31
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(b) Supervision31
(c) Life guard32
(d) Safety32
(e) Swimming pools32
(f) Restrictions32
Section 25.5. Rest Time32
(a) Sleeping space and equipment32
(b) Supervision33
(c) Rest arrangements for infants, toddlers, and two-year-olds33
(d) Rest arrangements for preschool children33
(e) Rest periods for school-age children34
Section 25.6. Night-time Care34
(a) Requirements34
(b) Maximum time34
(c) Supervision of sleeping or resting children34
(d) Sleeping space and equipment34
(e) Safety34
(f) Personal hygiene34
Section 26. Behavior and Guidance34
(a) Appropriate discipline34
(b) Staff requirements34
(c) Restrictions35
Section 27. Health36
(a) Cleanliness36
(b) Health records36
(c) Immunizations36
(d) Disease control36
(e) Medication37
(f) Injuries37
(g) Emergency procedures38
(h) First aid kits38
Section 28. Food and Nutrition38
(a) Meals38
(b) Food service plan39
(c) Menu posting39
(d) Food storage and preparation39
(e) Water39
Section 29. Transportation39
(a) Center responsibility39
(b) Driver qualifications40
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(c) Staff-child ratios40
(d) Safety procedures40
(e) Passenger restraints41
(f) Vehicle requirements41
Section 31. Food Service and Sanitation Requirements42
(a) General42
(b) Food supplies42
(c) Potentially hazardous foods42
(d) Food protection43
(e) Food preparation43
(f) Use of food43
(g) Transporting food43
(h) Catering services44
(i) Personnel44
(j) Food equipment, utensils, and storage items44
(k) Cleaning and sanitizing equipment and utensils44
(l) Storage area45
(m) Food service hand-washing facilities45
(n) Food preparation and service areas46
(o) Construction and maintenance of physical facilities46
Section 33. Fire Safety47
Section 33.1. Requirements for Drop-in Centers48
(a) Drop-in centers48
(b) Requirements48
(c) Notifications48
(d) Attendance records48
(e) Toilets and sinks48
(f) Outdoor play space48
(g) Indoor equipment48
(h) Program48
(i) Food and nutrition48
(j) Food service and sanitation48
Section 33.2. Requirements for Child Care Centers for Sick Children49
(a) Centers for sick children49
(b) Requirements49
(c) Definitions49
(d) Inclusion and exclusion criteria49
(e) Admission criteria49
(f) Policy and procedure50
(g) Staff qualifications50
(h) Staff training50
(i) Staff-child ratios51
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(j) Indoor space51
(k) Outdoor space51
(l) Health51
(m) Food and nutrition52
(n) Additional requirements for Level II centers52
Appendix L-1 Oklahoma Training Approval System54
Appendix L-2 Oklahoma Director's Credential55
Appendix L-3 Oklahoma Professional Development Ladder56
Appendix L-4 Child Care Center Staff Ratio57
Appendix L-5 Child Care Center Minimum Indoor Equipment Requirements58
Appendix L-6 Child Care Center Exclusion Criteria for Children Who Are Ill65
Supplement I Oklahoma Child Care Facilities Licensing Act67
Supplement II What is Child Abuse?83
Supplement III Disaster Preparedness84
Supplement IV Fall Zones85
Supplement V Bleach Solution87
Supplement VI Immunization Requirements for Child Care88
Supplement VII Injury Report Form91
Supplement VIII Minimum Meal Pattern Plan for Children92
Supplement IX Child Passenger Restraint System93
Revision to Requirements for Child Care Centers97
Index98
Child Care Centers Effective 7-1-10 PART 1. REQUIREMENTS FOR CHILD CARE CENTERS
Section 1. Purpose
The declared purpose and policy of the Oklahoma Child Care Facilities Licensing Act [10 O.S. § 401 et seq.] is to ensure maintenance of minimum standards for the care and protection of children away from their own homes, encourage and assist the child care facility toward maximum standards, and to work for the development of sufficient and adequate services for child care.
Section 2. Definitions
The following definitions apply unless the context clearly indicates otherwise.
"Assistant teacher" means a staff person who works under the on-site supervision of a qualified teacher or director.
"Auxiliary personnel" means cooks, building custodians, or other individuals who provide support services to the facility.
"Auxiliary spaces" means areas that are not used for children's care or play.
"Certified Childcare Professional (CCP) credential" means a national credential awarded to an individual who has educational and experiential activities that promote skill development in professional ability areas.
"Child care center" means a facility that provides care for children and operatesmore than 30 hours per week.
"Child Care Restricted Registry" or "Restricted Registry" or “Joshua’s List” means a registry for registrants who are prohibited from being licensed, working or residing in child care facilities as defined in Section 405.3 of Title 10 of Oklahoma Statutes.
"Child Development Associate (CDA) Credential" means a national credential awarded to an individual who has successfully completed a CDA assessment by demonstrating competence in 13 functional areas.
"Child passenger restraint system" means an infant or child passenger restraint system, for example, a car seat, that meets the federal standards for crash-tested restraint systems as set by the United States Department of Transportation.
"Child with disabilities" means a child who has a physical or mental impairment and/or emotional disturbance that results in substantial limitations in areas such as self-care, language, learning, mobility, or self-direction.
"Day camp" means a program that serves only school-age children and operates during regular school vacations for no more than 12 hours per day.
"Department" means OKDHS .
"Drop-in program" means a child care program that provides care for children onan occasional basis where no child attends more than six hours per day for a maximum of 24 hours a week with an allowance for six extra hours per child three times per year.
"Fall zone" means the surface under and around a piece of equipment onto which a child falling from or exiting from the equipment would be expected to land.
"Infant" means a child from birth up to 12 months of age.
"Infection control" means the policies, procedures, and techniques used to controland prevent the spread of infection, for example, hand-washing, sanitizing, personal
Child Care Centers1Effective 7-1-10 hygiene, diapering and toileting, appropriate handling and disposal of soiled or contaminated items, sick child exclusion policies, and immunization policies.
"Limited food service" means the preparation or serving of only non-potentially hazardous foods for immediate consumption using single-service articles.
"Master teacher" means a staff person who supports other teaching staff with responsibilities such as program development, weekly lesson plans, use of space and equipment, interactions with parents, and program evaluation.
"Non-registrant" means an individual that is not recorded on the Child Care Restricted Registry.
"Parent" means a child's father, mother, or other person who has legal custody orguardianship of the child.
"Permanent substitute" means a substitute teacher who has worked more than 40 hours at the child care center.
"Potentially hazardous foods" means any food that contains milk or milk products, eggs, meat, poultry, fish, shellfish, crustacean or other ingredients in a form capable ofsupporting rapid and progressive growth of harmful microorganisms.
"Preschool child" means a child age three to five years who has not entered kindergarten.
"Registrant" means an individual that is recorded on the Child Care Restricted Registry.
"School-age child" means a child who is at least five years of age and who isattending or has completed kindergarten.
"Supervision of children" means the function of observing, overseeing, and guiding a child or group of children. This includes awareness of and responsibility for the ongoing activity of each child and being near enough to intervene if needed. It requires physical presence, knowledge of activity requirements and children's needs, and accountability for their care.
"Teen aide" means a 13- to 15-year-old who works under the direct supervision of a master teacher and is not considered in the staff-child ratio as a staff or as a child.
"Temporary substitute" means a substitute teacher who has worked 40 hours orless at the child care center.
"Toddler" means a child who is 12 months to 24 months of age.
"Tribal country land" means land that is tribally owned, considered trust or restricted land, and some dependent Indian communities over which the tribe has exclusive jurisdiction.
"Unitary materials" means rubber mats or a combination of rubber like materialsheld in place by a binder, glue, that may be poured in place at the playground site and when cured forms a unitary shock absorbing surface.
"Unsupervised access" means a person being present with children without a staff member being present.
"Volunteer" means a person who provides services to the center without cost or compensation.
Child Care Centers2Effective 7-1-10 Section 3. Necessityand issuance of license
(a)
In accordance with Section 401 of Title 10 of the Oklahoma Statutes, no child carefacility may be operated or maintained after June 30, 1964, unless licensed by theOklahoma Department of Human Services .
(b)
Child care facilities that are required to be licensed by OKDHS do not includeprograms that operate:
(1)
15 hours or less per week;
(2)
during typical school hours by a public or private school serving children three years of age and older that offers elementary education from kindergarten through third grade; or
(3)
on tribal country land or federal property.
(c)
An application for a license is made on forms provided by OKDHS in the mannerprescribed.
(d)
Pursuant to the Oklahoma Child Care Facilities Licensing Act [10 O.S. § 401 etseq.], persons identified as a registrant on the Child Care Restricted Registry are prohibited from:
(1)
licensure as a child care facility;
(2)
employment in a child care facility; and/or
(3)
residing in a child care facility.
(e)
An unlicensed child care center may not advertise as licensed.
(f)
Children are not accepted into care until permission is obtained from OKDHS.
(g)
No other activity or business unrelated to child care is permitted in the child care center during the time child care is provided. A business located in the same buildingas the center is required to have its own entrance, bathrooms, and proper fire rated separation.
(h)
OKDHS may deny an application or revoke a license if a licensee violates anyprovisions of the Oklahoma Child Care Facilities Licensing Act. (See Supplement I) [10 O.S. § 401 et seq.] No application is denied or license revoked unless the licenseholder is given 30-day notice in writing of the grounds for the proposed revocation or denial. If the revocation or denial is protested within 30 days of receipt of the written notice, a hearing is conducted.
(i)
When OKDHS denies or revokes a child care center's license, the responsible entity, cannot make application for a new child care facility license within Oklahoma for five years following notification to the responsible entity of the license revocation or denialand during an appeal process.
Section 5. Organization
(a)
Responsible agent. A child care center is operated by a public or private organization or an individual.
(1)
A public child care center is created and exists by an act of the state, county, city, or other political subdivision and operated under the control of a governmental agency.
(2)
A not-for-profit center facility operates under a governing board responsible for developing policies and establishing and maintaining a sound financial structure.
Child Care Centers3Effective 7-1-10 (3)
A proprietary child care center's owner is responsible for the policy and financial structure of the child care center.
(b)
Purpose. A statement defining the purpose or function of the child care center isfiled with OKDHS and includes:
(1)
ages of children accepted;
(2)
hours of operation; and
(3)
type of care and services offered.
(c)
Notifications
(1)
The items posted in a prominent place where staff, parents, and others may view them are the:
(A)
center's license, permit, or notice of denial or revocation of license;
(B)
name of the person responsible for the center during the director's absence;
(C)
notice of the requirement to report suspected child abuse and neglect;
(D)
notice prohibiting smoking anywhere in the facility while children are in care;
(E)
emergency procedure;
(F)
weekly menu of all food provided by the center; and
(G)
evacuation plan.
(2)
The items accessible in a place where staff, parents, and others may easily view them are:
(A)
the daily program schedule;
(B)
record of dates when fire and tornado drills were conducted, per Section 11 (c)(2);
(C)
a time schedule for use of outdoor play space if the center is licensed for 24 or more children and has outdoor play space of less than 75 square feet per child, per Section 11(d)(2); and
(D)
a certificate of One Star Plus, Two Star, or Three Star status, if applicable.
(3)
Form 07LC093E, Insurance Exception Notification, if applicable per Section 5.1(c),is posted in clear view of the main entrance to the facility.
(4)
A notice of staff-child ratios and group size is posted in every room where children are in care.
(5)
In accordance with Section 7102 of Title 10 of the Oklahoma Statutes, any person who has reason to believe a child has been abused or neglected is required to report the matter promptly to the statewide toll-free Child Abuse Hot Line, 1-800-522-3511 (See Supplement II). It is a misdemeanor for any person to fail to report.
(6)
The center is required to notify the OKDHS Oklahoma Child Care Services LicensingServices (Licensing) on the next working day of:
(A)
a temporary, unscheduled, or permanent closing of the center;
(B)
a change in the director;
(C)
changes in liability insurance coverage;
(D)
any damage to the facility that affects the amount of usable square footage or compliance with any requirement;
(E)
legal action against a center or staff person that involves or affects a child in care or the operation of the center;
(F)
any known criminal charges or child abuse investigations involving staff that are pending or have had a disposition;
Child Care Centers4Effective 7-1-10 (G)
an accident involving transportation unless there were no injuries and onlyminor damage to the vehicles;
(H)
any injury to a child requiring emergency medical attention; and
(I)
the death of a child that occurred while the child was in care.
(7)
The center is required to notify Licensing at least 30 days prior to:
(A)
a change in ownership or sponsorship;
(B)
a change in name of the center;
(C)
any change or alteration to the physical facility that affects the amount of usable square footage or compliance with any requirements;
(D)
the anticipated closing or relocation of the child care center; and
(E)
a proposed change in the licensed capacity.
(d)
Public access to records - Compliance Posting.
(1)
Items posted within clear view of the main entrance are:
(A)
OKDHS provided Notice to Parents; and
(B)
Form 04CP004E, Child Welfare Investigative Summary Notification toOklahoma Child Care Services, with confirmed or substantiated findings, for 120 days from the completion of the investigation.
(2)
The granted waiver notification for individuals who have criminal histories asdefined in Section 7.1(c) are posted in a prominent place for as long as they are employed or living in the facility.
(e)
Compliance file. A compliance file accessible to staff, parents, and others shall contain:
(1)
the most recent child care licensing monitoring report provided by the licensing specialist;
(2)
the following documents issued by Licensing within the last 120 days:
(A)
child care licensing monitoring reports and licensing correspondence;
(B)
Form 07LC037E, Notice to Comply;
(C)
licensing complaints; and
(D)
Form 04CP004E, Child Welfare Investigative Summary Notification to Oklahoma Child Care Services, with findings of unconfirmed or unsubstantiated to include findings of services not needed, ruled out, or services recommended;and
(3)
Form 04CP004E, with findings of confirmed or substantiated, for one year from the completion of the investigation.
(f)
Effect of change in ownership or location on license. When a center changesownership or location:
(1)
the license is not transferable and is returned to OKDHS; and
(2)
the center is required to meet current licensing requirements.
Section 5.1. Policy and procedure
(a)
Content. A written statement of the child care center's policy and procedure isavailable to staff and parents and includes, but is not limited to the:
(1)
ages of children accepted;
(2)
days and hours of operation including the holidays the program is closed;
(3)
location and accessibility of the licensing compliance file;
Child Care Centers5Effective 7-1-10 (4)
procedure for:
(A)
receiving and releasing a child from the center, including a method ofverifying the identity of a caller or person who picks up a child and prompt notification of parents when a child does not arrive as scheduled;
(B)
handling illnesses and injuries, including procedures when away from the child care center;
(C)
storing and administering children's medicines;
(D)
notifying parents of field trips; and
(E)
transportation of children;
(5)
mandatory reporting of child abuse; and
(6)
discipline policy.
(b)
Personnel policy. When there are more than four staff persons, the child carecenter is required to provide written personnel policy to staff that includes:
(1)
essential job functions, qualifications, and lines of authority; and
(2)
staff performance evaluation and termination procedure.
(c)
Insurance. A child care facility shall maintain liability insurance in accordance withSection 404.3 of Title 10 of the Oklahoma Statutes.
(1)
When liability insurance is maintained, Form 07LC092E, Insurance Verification, that includes a certificate of insurance obtained from the insurance agent iscompleted annually, maintained at the facility, and made available to licensing.
(2)
When liability insurance is not maintained, or the facility reports they are self-insured, Form 07LC093E, Insurance Exception Notification, is posted at the facility.
Section 6. Records
(a)
Center records. OKDHS staff have access to all records and reports addressed in this Section.
(b)
Children's records. Records are obtained at the time of admission for each child incare, including teen aides, regardless of the length of time the child is in care.
(1)
Children's records are kept at the center, available to staff during all hours ofchild care, and are kept current.
(2)
Identification and health records are collected and maintained on file at the child care center via forms provided by OKDHS or on other forms that contain:
(A)
the child's name, date of birth, name of parent(s), home address, parent(s)' places of employment, and telephone numbers;
(B)
the name and telephone number of a responsible person to contact in an emergency if the parent(s) cannot be located promptly;
(C)
permission of the parent authorizing the center to transport the child for emergency medical care;
(D)
name of the person(s) permitted to pick up the child;
(E)
health information; The center is prohibited from obtaining information orhealth records from the parent solely for the purpose of screening out or denying care to a child with particular types of disabilities;
(F)
routine care, including instructions for eating, sleeping, toileting, or diapering;
(G)
individual special needs to the extent voluntarily disclosed by the parent, including:
Child Care Centers6Effective 7-1-10 (i)
behavior and guidance;
(ii)
communication; and
(iii)
positioning;
(H)
parental permission, if given, to consult with appropriate health and child development professionals;
(I)
individual medical emergency plan;
(J)
current immunization record;
(K)
name, address, and telephone number of a physician to call in an emergency;
(L)
date of acceptance and withdrawal from the child care center; and
(M)
medication and transportation permission, if applicable.
(3)
The center is required to maintain readily available attendance records including child's arrival time and departure time for a minimum of 120 days.
(c)
Teen aide records. In addition to the required records for teen aides listed in Section 6(b), a written agreement signed by the parent or guardian of the teen aide must be maintained on file at the facility. The agreement includes:
(1)
the duties and responsibilities of the teen aide;
(2)
the name of the master teacher responsible for supervising the teen aide; and
(3)
the written consent of the parent or guardian for the child to work as a teen aide.
(d)
Staff records. Records on all employees including substitutes are completed and maintained at the facility or made available to Licensing. Staff records include:
(1)
staff information forms provided by OKDHS that are submitted to Licensing within two weeks of employment and include:
(A)
name, birth date, address, telephone number, and Social Security number;
(B)
education;
(C)
references, including previous employers if any, and the name, address, telephone number, and dates of employment; and
(D)
a statement regarding criminal history;
(2)
criminal history investigations with records maintained in a confidential manner and not made a part of the individual's personnel records pursuant to Section 404.1 of Title 10 of the Oklahoma Statutes (also see Section 7.1(b));
(3)
a report of an examination by a licensed physician or mental health professional when there is concern about an employee's ability to perform normal duties because of a possible physical, mental, or emotional problem;
(4)
documentation of orientation and training;
(5)
attendance records for each staff person and substitute staff that reflect days and hours worked and that are maintained for 120 days.
(6)
documentation of request and/or results of a criminal history review; and
(7)
documentation that the individual is a non-registrant on the Child Care Restricted Registry; and
(8)
when applicable, a criminal history investigation from the previous state(s) of residence if the individual has resided in Oklahoma less than three years.
Child Care Centers7Effective 7-1-10 Section 7.1. Requirements for child care center employees
(a)
General. All employees are required to be of good character and possess adequate education, training, and experience to provide them with the skills to perform the essential functions of the job with or without reasonable accommodation. Each employee:
(1)
provides annual documentation that he or she meets the health and training requirements contained in Section 7.1 (h)(3);
(2)
demonstrates the ability to perform essential job functions;
(3)
recognizes and acts to correct hazards to physical safety, both indoors and outdoors;
(4)
works with children without recourse to physical punishment, mistreatment, or child abuse; and
(5)
demonstrates good judgment as evidenced by prudent and responsible behaviorthat reasonably ensures the health and safety of children in care.
(b)
Criminal history investigations.
(1)
Owner or director responsibility. The center's owner or director submits to the licensing records office:
(A)
documentation of a search conducted within the last 30 days of the Child Care Restricted Registry;
(B)
a completed criminal history investigation conducted within the last 12 months including dispositions on all charges; and
(C)
a criminal history review request on a form provided by licensing requesting an Oklahoma State Courts Network (OSCN) search for:
(i)
any person making application to establish or operate a child care center;
(ii)
each applicant prior to employment, including all caregivers, substitutes, auxiliary staff, and any other person employed by the child care facility or program;
(iii)
adults, including providers' spouses or adult children, who live in the child care facility; and
(iv)
persons age 18 years or older prior to their residence in the facility; and
(D)
obtains a completed criminal history investigation for persons who have unsupervised access to children, such as lab students, Work Experience Program (WEP) workers, volunteers, contracted staff, or custodians.
(2)
Exceptions. Criminal history investigations are not required for:
(A)
staff who move to a new center operated by the same organization;
(B)
contracted staff who provide transportation, lessons, or other services iffacility staff are present with children at all times;
(C)
parent volunteers who transport children on an irregular basis; and
(D)
providers' children who become adults, age 18, during continuous residence at the licensed facility.
(3)
Authorized agencies. Criminal history investigations are acceptable only when conducted by the:
(A)
Oklahoma State Bureau of Investigation (OSBI); and
(B)
authorized agency in the previous state(s) of residence if the individual has resided in Oklahoma less than three years.
Child Care Centers8Effective 7-1-10 (4)
Sex Offender Registry. The OSBI report must include a search of Oklahoma Department of Corrections files maintained by the OSBI pursuant to the Sex Offender Registration Act.
(5)
Verification of records search.
(A)
Prior to issuance of initial permit or change of ownership. The facilitymust receive criminal history review results from the OCCS licensing records office for all employees and/or any persons age 18 years or older who live in the facility.
(B)
Existing facilities. The facility must submit a criminal history review requeston a form provided by OKDHS to the OCCS licensingrecords office for all employees prior to employment and prior to any persons age 18 years or olderbeing allowed to live in the facility. This request for review must be maintainedon file at the facility while awaiting the results.
(c)
Restrictions.
(1)
The child care center is restricted from knowingly employing a person who:
(A)
has pending charges, unless waived by OCCS, has entered a plea of guilty or nolo contendere (no contest), or been convicted of:
(i)
any criminal activity involving violence against a person;
(ii)
child abuse or neglect;
(iii)
possession, sale, or distribution of illegal drugs;
(iv)
sexual misconduct; or
(v)
an act of gross irresponsibility or disregard for the safety of others or a pattern of criminal activity; or
(B)
is required to register pursuant to the Sex Offender Registration Act or any person required to register under the Mary Rippy Violent Crime Offenders Registration Act.
(2)
The child care center is restricted from knowingly employing or allowing a registrant to reside in the facility.
(3)
The center director may request a waiver from the restrictions in (c)(1)(A) of thisSection.
(A)
The waiver request is made in writing to OKDHS and considered by the waiver review committee.
(B)
The person for whom the waiver is requested cannot be employed until a decision has been made.
(4)
A waiver may not be granted to any person:
(A)
convicted of a sex offense pursuant to the Sex Offender Registration Act;
(B)
required to register under the Mary Rippy Violent Crime Offenders Registration Act; or
(C)
identified as a registrant on the Child Care Restricted Registry.
(5)
Any person whose health or behavior could endanger the health, safety, or well-being of children is prohibited from the child care center premises and contact with children in care.
(6)
An employee under the effects of alcohol, illegal drugs, or medication that impairs functioning is prohibited from providing child care services.
Child Care Centers9Effective 7-1-10 (d)
Child abuse.
(1)
Any caregiver who has reason to believe that a child has been abused is required to promptly contact the statewide toll-free Child Abuse Hot Line, 1-800-522-3511. (See Supplement II)
(2)
Staff are required to cooperate fully in the investigation of any allegation.
(e)
Health.
(1)
Tuberculosis testing. The need for tuberculin skin testing of employees isbased upon a local identified tuberculosis exposure, the degree of risk of transmission of latent tuberculosis infection, the impact to public health and safety, and the specific recommendations of the Oklahoma State Department of Health.
(2)
Impairment of job performance. OCCS, Licensing Services may require a report of a physical or psychological examination by a licensed physician or mental health professional if it is reported or observed that an employee has a physical,mental, or emotional condition that impairs the employee's ability to perform assigned job responsibilities.
(f)
Employee qualifications.
(1)
Director qualifications. Effective January 1, 2005, all directors of child care centers are required to be at least 21 years of age and have obtained and maintain the Bronze level, in accordance with Appendix L-2, Oklahoma Director's Credential.
(2)
Master teacher qualifications. Effective January 1, 2005, all master teachers are required to:
(A)
be at least 18 years of age and have obtained the qualifications at Level III or higher of Appendix L-3, Professional Development Ladder, or
(B)
in a program where the majority of children are school-age, the master teacher may have 120 clock hours of Tier II or higher school-age training within the last five years, in accordance with Appendix L-1, Oklahoma Training Approval System, 480 hours of experience in a program where the majority of children are school-age, and every two years a minimum score of 5.0 on the School-Age Environment Rating Scale in a classroom where the master teacheris the lead teacher.
(3)
Teachers. Teachers hired after July 1, 1995 are required to:
(A)
be at least 18 years of age; and
(B)
have a high school diploma or General Educational Development (GED); or
(C)
have completed the tenth grade and be in the process of obtaining a GED for a period not to exceed 12 months.
(4)
Assistant teachers. Assistant teachers are at least 16 years of age and required to:
(A)
have a high school diploma or GED;
(B)
have completed the tenth grade and be in the process of obtaining a GED; or
(C)
be currently enrolled in secondary education or the equivalent.
(5)
Permanent substitutes. Permanent substitutes are required to meet minimum requirements for the position they are filling.
(6)
Temporary substitutes. Temporary substitutes must be at least 18 years of age.
(7)
Teen aides. Teen aides must be 13 through 15 years of age.
Child Care Centers10Effective 7-1-10 (g)
Responsibilities.
(1)
Director. The director or teacher who meets director's qualifications, is present in the center at least 50 percent of operating hours or a minimum of 30 hours a weekand is responsible for the day-to-day operation of the center.
(A)
When four or more teachers are needed to meet minimum staff-child ratios, the director is free from direct care responsibilities at least three hours per dayduring operating hours to provide program oversight and staff supervision.
(B)
The director or teacher who meets director's qualifications, is responsible for:
(i)
upon employment, providing three references to Licensing, including at least two from the director's most recent employers when applicable. The other reference(s) may be personal, excluding relatives;
(ii)
appointing a staff member to take responsibility for the operation of the child care center in his or her absence and posting that person's name in a conspicuous place;
(iii)
maintaining a child care center that meets the minimum requirements;
(iv)
ensuring that a staff member trained to administer first aid including rescue-breathing and choke-saving measures is present at all times;
(v)
submitting to Oklahoma Child Care Services licensing records office criminal history investigations and obtaining dispositions on any charges shown on the report that lack dispositions;
(vi)
prior to employing staff, obtaining and documenting three referencesincluding at least two from the applicant's most recent employers, when applicable. The other reference(s) may be personal, excluding relatives;
(vii)
supervising the conduct of staff, volunteers, substitutes, and others whoprovide services in the facility; and
(viii)
cooperating with licensing staff and other appropriate agencies in maintainingcompliance with requirements and in improving the quality of care.
(2)
Master teachers. At least one full-time master teacher is required for every 60 children for which the center is licensed. The director may be counted as a master teacher if the licensed capacity is 30 or less.
(3)
Teachers. Teachers have primary responsibility for the direct care of children.
(4)
Assistant teachers. Assistant teachers work under the on-site supervision of a qualified director or teacher who is readily available at all times.
(A)
A director, master teacher, or teacher does not directly supervise more than two assistant teachers.
(B)
Assistant teachers are not permitted to have sole responsibility for a group ofchildren for more than three hours per day.
(5)
Auxiliary personnel. Auxiliary personnel, for example, cooks, building custodians, or other personnel who provide indirect services to children:
(A)
demonstrate knowledge and skillsnecessary to perform their job responsibilities;
(B)
meet applicable requirements for staff caring for children as set forth in this Section if they are responsible for children for any part of the day;
(C)
are not included in the staff-child ratio while performing auxiliary functions. Minimal cleaning and food service, for example, light cleaning, picking up toys,
Child Care Centers11Effective 7-1-10 sweeping the classroom, and reheating and serving food, are not considered auxiliary functions as long as supervision and program are not adverselyaffected.
(6)
Volunteers.
(A)
Volunteers and student interns are not included in the staff-child ratio unless they are assigned to the center for at least three consecutive months. Volunteersare permitted to serve as temporary or permanent substitutes.
(B)
Volunteers counted in the staff-child ratio meet all requirements in this Part.
(C)
Volunteers are under the direct supervision of the director or a designated staff member.
(D)
Volunteers who have not met all requirements for teachers are not left in charge of children.
(7)
Substitutes. Substitutes carry out the assigned responsibilities of the position they are filling.
(8)
Teen aides. Teen aides:
(A)
are not counted toward meeting the staff-child ratio and are not included in the licensed capacity;
(B)
must be under the on-site supervision of a master teacher who is at least 18 years of age. One master teacher may supervise no more than two teen aides;
(C)
are placed only in groups where at least one staff member is 18 years of age.No more than two teen aides may be assigned to a group of children;
(D)
must be at least two years older than the children in the group to which theyare assigned;
(E)
must be visibly identifiable through means such as name tags or T-shirts; and
(F)
are never left alone with children.
(h)
Professional development.
(1)
Orientation. Within one week of employment and prior to having sole responsibility for a group of children, each staff member, including auxiliary staff and permanent substitutes who have been employed 40 hours, receives orientation.
(A)
Orientation includes a review of:
(i)
infection control;
(ii)
injury prevention;
(iii)
handling common childhood emergencies, including choking;
(iv)
sudden infant death syndrome (SIDS);
(v)
shaken baby syndrome;
(vi)
the center's policy and procedure and staff responsibility for implementation;
(vii)
licensing requirements;
(viii)
employees' assigned duties and responsibilities;
(ix)
emergency procedures in the event of injury, severe weather, or fire, including evacuation procedures and routes, and location and use of fire extinguishers;
(x)
the definition, identification, and mandatory reporting of child abuse and neglect;
(xi)
the daily schedule;
Child Care Centers12Effective 7-1-10 (xii)
the methods used to inform staff of any special health, nutritional, ordevelopmental needs of children assigned to the caregiver;
(xiii)
confidentiality of information regarding children and their families;
(xiv)
appropriate use of discipline; and
(xv)
transportation and car seat safety.
(B)
Documentation includes a statement, signed by the employee and director, in each employee's personnel file attesting to the orientation and review.
(C)
New staff have a probationary period of at least 30 days during which theyare closely supervised.
(2)
Entry-level training. Prior to or within three months of employment, staff counted to meet staff-child ratios participate in a Tier II entry–level training course that provides at least 20 hours of training, in accordance with Appendix L-1. Directors are not required to have this training. Staff who have previously received this training are not required to repeat it unless there is a two year break in service.
(3)
Health and safety training.
(A)
When children are in care on or off the program premises, including during transportation, staff are present who have current documentation of certification in age-appropriate first aid and cardio-pulmonary resuscitation (CPR) asapproved by Oklahoma Child Care Services licensing.
(B)
The first aid cerification includes the emergency management of:
(i)
bleeding;
(ii)
burns;
(iii)
poisoning;
(iv)
choking;
(v)
injuries, including insect, animal, and human bites;
(vi)
shock;
(vii)
convulsions or nonconvulsive seizures;
(viii)
musculoskeletal injury, such as sprains and fractures;
(ix)
dental emergencies;
(x)
head injuries;
(xi)
allergic reactions;
(xii)
eye injuries;
(xiii)
loss of consciousness;
(xiv)
electric shock; and
(xv)
drowning.
(4)
Ongoing training.
(A)
Director. The director is required to obtain 20 clock hours per employment year of Tier I or higher training, such as professional conferences or from an accredited college, university, or vocational program, in accordance with Appendix L-1.
(i)
OKDHS approves training upon request.
(ii)
Training is relevant to job responsibilities and includes center administration or management, age-appropriate childhood education, and infection control.
Child Care Centers13Effective 7-1-10 (B)
Staff with children. Each person who is counted toward meeting the staff-child ratio is required to obtain 12 clock hours per employment year of Tier I training, in accordance with Appendix L-1, that is relevant to job responsibilities and includes infection control. Formal training is from a source such as professional conferences or from an accredited college, university, or technical school.
(i)
The director assists staff in identifying and selecting training that is varied,appropriate, and builds upon previous training.
(ii)
No more than six hours of self-directed readings, use of videos, or informalon-site training is counted toward the required annual training hours.
(iii)
Reports of self-directed reading are documented and submitted to thedirector.
(iv)
Training repeated during the employment year is only counted once to meet the training requirement.
(5)
Food service training. Prior to or within three months of employment, the person primarily responsible for food preparation is required to receive training in:
(A)
nutrition planning;
(B)
age-appropriate food selection;
(C)
food preparation, service, and storage; and
(D)
cleaning and sanitizing equipment and utensils.
(6)
Substitute and volunteer staff training.
(A)
Temporary substitutes are required to be familiar with center policy and procedure before they are left in charge of a group of children.
(B)
Permanent substitutes are required to meet the requirements for orientation and ongoing training in (h)(1) and (4) of this Section.
(C)
Volunteers counted toward meeting the staff-child ratio are required to meet the requirements for orientation and ongoing training in (h)(1) and (4) of this Section.
(7)
Documentation of training. Documentation of training for each staff member is required and includes the topic, source of training, date, and hours.
Section 9.1. Supervision of children
(a)
General. All children are required to be adequately supervised at all times, asdefined in Section 2.
(1)
Each child is assigned a staff person responsible for him or her who is aware of the details of the child's habits, interests, and special problems, if any. Staff have access to each child's records at all times.
(2)
Children are not allowed in the kitchen except as part of a planned, supervised experience.
(3)
When shared play areas are accessible to the public, boundaries are identified to children.
(4)
When the child care center provides or arranges for activities off the premises, an adult staff member from the child care center is required to be with each group. Appropriate staff ratios and a written plan of supervision are maintained.
Child Care Centers14Effective 7-1-10 (b)
Infants, toddlers and two-year olds. Staff required to meet staff-child ratios are present in the room or adjacent bathroom and able to see or hear all infants, toddlers, and two-year-olds at all times, including nap time.
(c)
Preschool-age children. At nap time when preschool-age children are resting quietly, at least one staff person is required to be within sight and hearing of children.Other staff required to meet staff-child ratios remain in the building.
(d)
School-age children. School-age children are generally required to be within the sight or hearing of staff. Staff may assess whether a small group of five or fewer children, who have a good understanding of the center's rules and policies regarding appropriate behavior, may be permitted to take part in a short-term activity that is notwithin the sight or hearing of staff. In these instances, staff make personal contact with the children at least every ten minutes. Staff are required to:
(1)
be able to provide immediate intervention if needed;
(2)
know the whereabouts of each child at all times and the nature of his or heractivities; and
(3)
provide supervision when children are playing on stationary playground equipment.
(e)
Staff-child ratios. The number of children in a group is limited to facilitate staff-child interaction and constructive activity among children.
(1)
Staff are required to be present with the children to correspond with the chronological age and grouping ofthe children present. A substitute staff member is present in the absence of regular staff.
(2)
The staff-child ratio and maximum group size listed in Appendix L-4, Child Care Center Staff Ratio, are met for each group of children, using either a single-age grouping or a mixed-age grouping.
(3)
The ratio and maximum group size for the age of the youngest child in the group is used for mixed-age groupings not included in Appendix L-4.
(4)
A group is determined by the number of children cared for by a caregiver or group of caregivers in a designated area not to exceed the maximum group size, in accordance with Appendix L-4.
(A)
Groups are required to have assigned staff and be recognizable by both staffand children.
(B)
When more than one group of children younger than five years of age uses the same room, the room is divided into designated activity areas for each group, using a temporary wall or physical barrier that is at least three feet in height and appropriate for defining limits and reducing distraction.
(C)
When more than one group of children five years of age and older uses the same room, the room is divided into designated activity areas for each group using a variety of means appropriate for defining limits and reducing distraction, including but not limited to, a temporary wall or physical barrier.
(D)
Groups with their assigned staff may be combined for special group activities, for example, outdoor play, meals, sleeping, or field trips. Designated area requirements do not apply during these activities.
(f)
Swimming guidelines. Staff-child ratios listed in (1) through (6) of this subsection apply when children are swimming and not participating in swimming lessons with a
Child Care Centers15Effective 7-1-10 certified instructor. Safety guidelines for other water activities are in accordance withSection 25.4. The staff-child ratio that applies when children are swimming is:
(1)
1:1 for children younger than two years of age;
(2)
1:2 for children two years of age;
(3)
1:6 for children three years of age;
(4)
1:7 for children four and five years of age;
(5)
1:10 for children six years of age and older; and
(6)
the staff-child ratio for the youngest child when children of two or more ages are grouped together.
Section 10. Parent - staff communication
(a)
Parents of enrolled children are permitted reasonable access to all parts of the child care center during hours of operation, unless restricted under provisions of Section 7.1(c)(3).
(b)
The OKDHS publication, "The Parents’ Guide to Selecting Quality Child Care,"OKDHS Publication no. 87-91 is made available to parents upon their child's enrollment.
(c)
A verbal or written system is used by staff to share day-to-day happenings, changesin a child's physical or emotional state, or information regarding any known cuts, burns, or injuries that may require evaluation by a physician.
(d)
Each center is required to provide at least four of the options listed in (1) through (6)below.
(1)
Parents are welcome in the center at all times, for example, to observe, eat lunch with a child, or volunteer in the classroom.
(2)
Conferences are held at least once a year and at other times as needed todiscuss children's progress, accomplishments, and difficulties.
(3)
A parent resource area is available, with books, pamphlets, or articles on parenting.
(4)
Parent meetings are held, with guest speakers or special events, for example,open house, family pot-luck dinners, or children's programs.
(5)
Parents are informed of the center's program through a parent's bulletin board,regular newsletter, or parent handbook.
(6)
Parents participate in program and policy development through board involvement, planning meetings, or questionnaires.
Section 11. Physical facilities
(a)
Location and construction. The child care center location is required to be in an area which offers minimum hazards to the health, safety, and welfare of the children.
(1)
The child care center is in compliance with the building codes applicable at the time the license was issued.
(2)
Any child care center which operates on a 24-hour per day basis is required to comply with other construction standards required in state adopted codes, asdetermined by the State Fire Marshal.
(3)
No mobile home, whether mobile or permanently situated, is issued a license as a child care center unless it was licensed as a center prior to February 1, 1981.
(4)
Heating and cooling systems are operable and pose no risk to children.
Child Care Centers16Effective 7-1-10 (A)
Use of open-faced space heaters, unvented space heaters, or electricportable heaters is prohibited throughout the center.
(i)
Electric baseboard heat is permissible if it is wired directly into the electrical system, and no objects are in contact with the heating element.
(ii)
Use of gas-fed, unvented heaters mounted in the wall is prohibited, and the knobs are removed when children are in care.
(B)
Fires in wood-burning fireplaces are prohibited during hours children are in care.
(C)
Heaters, including floor furnaces, are enclosed by guards when children need protection from hot surfaces.
(5)
A kitchen is a separate area arranged in a way that discourages unsupervised access by children or unauthorized persons.
(6)
Any alteration, addition, or new construction must comply with current requirements.
(A)
Paint containing lead in excess of 0.06 percent is not used when surfaces are repaired or when any new surfaces accessible to children are painted.
(B)
Construction, remodeling, or alteration of structures which occurs during the center's hours of operation is accomplished in a manner that prevents hazards or unsafe conditions, such as fumes, dust, and safety hazards.
(7)
Children are not accepted into care until approval is obtained from:
(A)
the health department, if meals are prepared and served;
(B)
a representative of the Office of the State Fire Marshal or local fire official who has been authorized by the Office of the State Fire Marshal. The State Fire Marshal can be reached at 1-800-522-8666; and
(C)
the OKDHS Licensing Services.
(8)
Ongoing approvals by fire and health are required every two years.
(b)
Toileting and hand-washing facilities:
(1)
are located in the same building where the children's care is provided;
(2)
are easily accessible to children and staff;
(3)
contain operable flushing toilets and hand sinks in good repair;
(4)
are maintained in a clean and sanitary condition with adequate ventilation;
(5)
contain toilet paper within easy reach of children;
(6)
have non-absorbent floor surfaces in toilet areas;
(7)
have hand sinks with comfortably warm or tempered running water, with the temperature between 80 and 120 degrees F. If the temperature exceeds 120 degrees, a tempered valve is required;
(8)
contain soap for hand-washing, individual-use towels or mechanical hand dryers, and waste containers within easy access of children;
(9)
have one toilet and one sink for every 15 children if the center opened orexpanded after July 2, 1970.
(A)
Urinals are not counted as meeting the required number of toilets.
(B)
If potty chairs are used to facilitate toilet training for children, they are emptied and sanitized immediately after each use. Potty chairs are not counted asmeeting the required number of toilets;
(10)
are not required to have doors ifused only by preschool children. Doors are not required to be self-closing. Every bathroom door is designed to permit opening of
Child Care Centers17Effective 7-1-10 the locked door from the outside in an emergency, and the opening device is readily accessible to the staff; and
(11)
in rooms for children under three years of age who are in diapers, in accordance with Section 25(c), have an operable sink with hot and cold or tempered water with hand-washing soap and individual-use towels, either in the same room or in a bathroom that opens directly into the room.
(c)
Safety and sanitation.
(1)
Physical environment The physical environment of the center includes:
(A)
a structurally sound interior and exterior in good repair, for example, walls and ceilings are free from holes and peeling paper and paint;
(B)
barriers on porches, elevated walkways, and elevated play areas of more than two feet in height. Barriers are required to have openings of less than 2 and 3/8 inches if accessible to children younger than two years of age, and less than four inches for all other age groups;
(C)
railings for stairways of three or more steps both inside and outside;
(D)
floors free of broken tile, torn carpet, and holes;
(E)
windows and doors free of broken glass or other hazards;
(F)
clear glass doors marked at children's eye level;
(G)
screens on open windows and doors in food preparation and service areas;
(H)
self-closing apparatus on all screen and storm doors;
(I)
indoor temperature in activity areas maintained between 65 and 80 degrees F;
(J)
lighting levels bright enough to accommodate activities with comfort and to allow the caregiver to see children's facial features at all times;
(K)
clean and sanitary areas at all times;
(L)
no vermin infestation, free of rodents and insects;
(M)
a supervised room or space in which children who become ill can be separated from other children; and
(N)
prohibiting the use of tobacco products in the facility and on the play ground during hours of child care.
(2)
Emergency preparedness. The center has:
(A)
an operable direct-line telephone located within the facility with an extension on each floor and in each building for both incoming and outgoing calls;
(B)
posted by each telephone the name and address of the child care center and a list of emergency phone numbers to include the fire department, police department, ambulance service, medical resource to be used, and poison control, 1-800-222-1222;
(C)
a record of the fire drill and smoke detector test conducted monthly by each shift of staff;
(D)
a record of the tornado drill that is conducted quarterly by each shift;
(E)
a written plan for reporting, protecting from outside threats, and evacuating in case of fire, flood, tornado, blizzard, power failure, or other natural or man-made disaster that could create structural damage to the facility or pose health hazards; (See Supplement III) and
(F)
a floor plan posted on each floor and in each classroom showing prime and alternate evacuation routes from each area of the building.
Child Care Centers18Effective 7-1-10 (3)
Smoke detectors and fire extinguishers.
(A)
Operable smoke detectors are in each room in which children are in care.
(B)
Smoke detectors are tested at least monthly and if battery operated, batteriesare replaced at least semi-annually.
(C)
Portable fire extinguishers suitable for Class B or Class BC fires are in kitchens and cooking areas, and additional extinguishers suitable for Class A fires are available throughout the center. The local fire authority or State Fire Marshal may be consulted regarding the number, size, and type of extinguisher installed.
(D)
All fire extinguishers are inspected, serviced, and tagged annually by a competent authority.
(4)
Exits.
(A)
No exit is blocked by equipment, furniture, or other objects.
(B)
All exit doors are openable from the inside without the use of a key.
(C)
Any exit door that is locked can be unlocked, unlatched, and opened with a single motion.
(5)
Hazards. The center:
(A)
is free of hazards;
(B)
has medication, cleaning materials, detergents, aerosol cans, pesticides, health and beauty aids, poisons,and other toxic materials stored in their original labeled containers. Smaller containers may be used for these products if theyare properly labeled with the product name, and warning information ismaintained at the facility;
(C)
has medicines, cleaning solvents, and hazardous items stored so that they are inaccessible to children and in a manner that prevents contamination of food;
(D)
is free of illegal drugs and paraphernalia;
(E)
has any firearms, pellet or BB guns, bows and arrows, darts, or cap pistols equipped with child protective devices. These items are kept under lock and keyin areas that are inaccessible to children. Firearms are stored unloaded in a locked cabinet separate from ammunition. Parents are informed of the presence of firearms and how the center meets this requirement;
(F)
has compressed gas cylinders secured to prevent them from falling over;
(G)
makes electrical cords inaccessible to infants and toddlers;
(H)
does not use temporary wiring or extension cords as permanent wiring. Extension bars are permitted if there is documentation of a circuit-breaker or fuse that is built into the unit;
(I)
covers electrical outlets that are not in use with safety devices, unless they are not within reach of children, or are in areas not used by children;
(J)
does not have any toxic plant in any area accessible to children;
(K)
ensures pesticides or other toxic chemicals are used in strict compliance with label instruction and are applied when children are not present; and
(L)
ensures containers or buckets of standing liquid are inaccessible to children unless used as a part of a planned and supervised learning activity.
(6)
Animals. If animals are kept on the premises, compliance with the rules in thisparagraph is required.
(A)
Parents are advised of the presence of animals.
Child Care Centers19Effective 7-1-10 (B)
Any pet or animal is in good health, does not show evidence of carrying disease, is friendly toward children, and does not present a threat to the health,safety, and well-being of children.
(C)
Animals are maintained in a visibly clean manner.
(D)
Any animal, including birds, hamsters, dogs, cats, and the like, that hassymptoms of disease, such as diarrhea, skin infection, severe loss of appetite, weight loss, lethargy, or any unusual behavior or symptoms, is isolated and examined by a licensed veterinarian.
(E)
Local ordinances pertaining to animals on the premises are followed.
(F)
Dogs and cats are vaccinated for rabies by a licensed veterinarian and are free of fleas, ticks, and worms.
(G)
Proof of current compliance is kept on file at the center when vaccinationsare required.
(H)
Ferrets, turtles, birds of the parrot family, or any wild or dangerous animalsare not allowed at the center.
(I)
Animals that are common carriers of rabies, but cannot be vaccinated for thatdisease, are prohibited.
(J)
Newly acquired birds are quarantined and observed for signs of illness for 30 days before they are brought to the center.
(K)
All reptiles are inaccessible to children.
(L)
Animals are restricted from areas where food is stored, prepared, or served.
(M)
Areas of confinement, such as cages and pens, are cleaned of excrement daily.
(N)
Animal litter boxes are not located in kitchens or areas accessible to children.
(O)
Outdoor play areas are cleaned of excrement daily or more often as needed.
(P)
If an animal bites a child and the skin is broken, the child's parent and the county or state health department are immediately notified and the incident isdocumented in the Injury Log. (See Supplement VII)
(d)
Licensed capacity. The total licensed capacity of a child care center is determined by computing the capacities for indoor space, outdoor space and bathroom facilities.The licensed capacity cannot exceed the lowest computed capacity for indoor space, outdoor space, and bathroom facilities. The maximum number of children in care at one time, whether on or off the premises, does not exceed the number of children specified on the license.
(1)
Indoor play space.
(A)
Centers opened or expanded after July 2, 1970 have a minimum indoor playspace, for routine use by children, of 35 square feet of floor area per child. New construction and existing space not previously licensed for child care after January 1, 2005 is required to have 40 square feet of floor area per infant in rooms occupied only by infants. The areas not counted in determining the capacity of the center are:
(i)
bathrooms, kitchens, and hallways;
(ii)
offices, teachers' lounges, and work rooms;
(iii)
rooms used exclusively for the care of ill children;
(iv)
areas used exclusively for eating, napping, or large-muscle play;
(v)
storage closets and supply rooms;
Child Care Centers20Effective 7-1-10 (vi)
space occupied by furniture not for children's use; and
(vii)
basement areas having one-half or more of the clear height below ground level. A warm, dry, properly ventilated basement may be used for short periods of time as an accessory play space if adequate provision is made for fire prevention and protection.
(B)
Centers licensed prior to July 2, 1970 are required to provide 30 square feet of floor area per child. If additional play space is added, it is computed at 35 square feet per child.
(C)
No room is routinely occupied by more children than can be accommodated at 35 square feet per child.
(D)
A large area, such as a gymnasium, may be used in addition to other space. However, it may be counted toward the licensed capacity for preschool and school-age children only if it is divided into well-defined areas that are appropriately equipped.
(2)
Outdoor play space.
(A)
When a center is licensed for less than 24 children, there is a minimum outdoor play space of 75 square feet per child for the total licensed capacity.
(B)
When a center is licensed for 24 or more children, there is 75 square feet of outdoor play space per child for at least one-third of the total number for which the center is licensed, provided that the minimum amount of outdoor space will accommodate 24 children, which is 1800 square feet. In addition:
(i)
a time schedule is planned to ensure that, weather permitting, every child has an opportunity for outdoor play each day;
(ii)
a copy of the current schedule is submitted to OKDHS; and
(iii)
a copy of the current schedule is accessible so that parents and staff members are aware of the outdoor play periods.
Section 14. Indoor equipment
(a)
General. The equipment required in this section assists the caregiver in providing for each child's physical, cognitive, emotional, and social development. (See AppendixL-5, Child Care Center Minimum Indoor Equipment Requirements)
(1)
A variety of equipment is accessible to all children on a daily basis and can be rotated for children's use.
(2)
Equipment is:
(A)
complete, sturdy, and in good working condition;
(B)
maintained in a safe and sanitary condition;
(C)
lead free, as in crayons and paint;
(D)
of appropriate size and type to meet the developmental needs of the age group; and
(E)
provided in quantities proportionate to the number of children in each age group and the number of children for which the center is licensed.
(3)
Sleeping equipment and bedding complies with the requirements in Section 25.5.
(4)
Indoor climbing equipment over four feet high hasimpact-absorbing mats in fall zones that extend a minimum of six feet in all directions from the perimeter of the equipment.
Child Care Centers21Effective 7-1-10 (5)
Caregivers monitor play equipment for potential hazards, for example, splinters,loose parts, and sharp edges.
(6)
Toys or objects with removable parts with a diameter less than 1-1/4 inch, toyswith sharp points or edges, toys with strings, plastic bags, styrofoam objects and rubber balloons are not accessible to children younger than three years of age.
(7)
Infant walkers are prohibited.
(8)
The director constantly reevaluates equipment as enrollment varies. When the number of children in an age group increases, additional equipment is provided inaccordance with the ratios and developmental levels of the children in care contained in the requirements in Section 14(b) through (g).
(b)
Minimum equipment for infants.
(1)
Basic items required are:
(A)
one crib, port-a-crib, or playpen with mattress or playpen pad for each child up to ten months of age. Mats or cots may be used for children ten months of age and older;
(B)
fitted crib sheets, one per child;
(C)
diaper-changing table;
(D)
adult-height shelf;
(E)
individual adult-sizechair for each caregiver;
(F)
separate individual space for personal belongings;
(G)
adequate container with tight-fitting lid or moisture-proof bags for soiled or wet diapers or clothing;
(H)
adequate supply of diapers, facial tissue, disposable wipes, bath towels, and wash cloths;
(I)
extra supply of sheets; and
(J)
sufficient clothing in various sizes in case of accidents.
(2)
Cribs meet the requirements for safety contained in (A) through (D) of this paragraph.
(A)
Cribs, port-a-cribs, and playpens do not have more than 2 and 3/8-inchesbetween slats and between the side and end panels.
(B)
Decorative cutout areas in crib end panels or decorative knobs on the corner posts, which can entrap a child's head or catch his or her clothing, are prohibited.
(C)
Mattresses and playpen pads are firm and fit the crib, port-a-crib, or playpen snugly with no more than one inch between the mattress and crib.
(D)
Drop-side latches hold sides securely and are not accessible by the child in the crib.
(3)
Mattresses and play pen pads are covered with a durable, washable, waterproof, form-fitting material.
(4)
Mesh-sided cribs and playpens must meet the conditions in (A) through (E) ofthis paragraph.
(A)
Mesh is less than ¼ inch in size, smaller than the buttons on a baby's clothing.
(B)
Mesh has no tears, holes, or loose threads that could entangle a child.
(C)
Mesh is securely attached to the top rail and floor plate.
(D)
The top rail cover has no tears or holes.
(E)
If staples are used, they are not missing, loose, or exposed.
Child Care Centers22Effective 7-1-10 (5)
Additional equipment is provided in accordance with Appendix L-5, Child CareCenter Minimum Indoor Equipment Requirements.
(c)
Minimum equipment for toddlers.
(1)
Basic items required are:
(A)
one crib or playpen with mattress, mat, or cot per child;
(B)
table space with a chair for each child;
(C)
baskets or low open shelves for toy storage;
(D)
separate individual space for personal belongings;
(E)
adult-height shelf;
(F)
diaper-changing table;
(G)
adequate container(s) with tight-fitting lid(s) or moisture-proof bags for soiled or wet diapers or clothing;
(H)
sheet and cover, one of each per child;
(I)
adequate supply of diapers, wash cloths, bath towels, facial tissue, and disposable wipes;
(J)
extra supply of sheets and covers; and
(K)
sufficient clothing in various sizes in case of accidents.
(2)
Cribs meet the requirements for safety listed in Section 14(b)(2).
(3)
Mattresses and playpen pads are covered with a durable, washable, waterproof,form-fitting material.
(4)
Additional equipment is provided in accordance with Appendix L-5.
(d)
Minimum equipment for two-year-olds.
(1)
Basic items required are:
(A)
one cot, bed, or mat per child;
(B)
table space with a chair for each child;
(C)
separate individual space for personal belongings;
(D)
baskets or low open shelves for toy storage;
(E)
adequate container with tight-fitting lid or moisture-proof bags for soiled or wet diapers or clothing;
(F)
sheet and cover, one per child;
(G)
extra supply of sheets and covers;
(H)
adequate supply of diapers, wash cloths, bath towels, facial tissue, and disposable wipes;
(I)
sufficient clothing in various sizes in case of accidents; and
(J)
a place to go, for example, a barrel, tented area, playhouse, or designated quiet area.
(2)
Additional equipment is provided in accordance with Appendix L-5.
(e)
Minimum equipment for three-year-olds.
(1)
Basic items required are:
(A)
one cot, bed, or mat per child;
(B)
separate individual space for personal belongings;
(C)
table space with a chair for each child;
(D)
two linear feet of low open shelves per child in each room for play equipment;
(E)
sheet and cover, one per child;
(F)
extra supply of sheets and covers;
Child Care Centers23Effective 7-1-10 (G)
adequate supply of facial tissue, wash cloths, soap, and towels;
(H)
sufficient clothing in various sizes in case of accidents; and
(I)
a place to go, for example, a barrel, tented area, playhouse, bean-bag chair, or designated quiet area.
(2)
Additional equipment is provided in accordance with Appendix L-5.
(f)
Minimum equipment for four- and five-year-olds.
(1)
Basic items required are:
(A)
one cot, bed, or mat per child;
(B)
separate individual space for personal belongings;
(C)
table space with a chair, stool, or bench that allows 18 inches for each child;
(D)
two linear feet of low open shelves per child in each room for play equipment;
(E)
sheet and cover, one per child;
(F)
extra supply of sheets and covers;
(G)
adequate supply of facial tissue, wash cloths, soap, and towels;
(H)
sufficient clothing in various sizes in case of accidents; and
(I)
a place to go, for example, a barrel, tented area, playhouse, bean-bag chair, or designated quiet area.
(2)
Additional equipment is provided in accordance with Appendix L-5.
(g)
Minimum equipment for school-age children.
(1)
Basic items required are:
(A)
one cot, bed, or mat with a sheet and cover for children with scheduled nap times or an ill child;
(B)
adequate table and chair space available at any given time;
(C)
assigned individual space for personal belongings;
(D)
two linear feet of shelf space per child which may be at various heights if accessible to children;
(E)
safe storage for ongoing projects and small items;
(F)
adequate supply of facial tissue, wash cloths, soap, towels, and feminine hygiene products; and
(G)
sufficient clothing in various sizes in case of accidents.
(2)
Additional equipment is provided in accordance with Appendix L-5.
Section 22. Outdoor safety and play equipment
(a)
Play space.
(1)
Play space is situated to:
(A)
permit children to reach it safely;
(B)
provide a shaded area during scheduled outdoor play times; and
(C)
allow supervision of areas where children cannot be easily seen.
(2)
Space is enclosed by a building or fence at least four feet high with at least one exit which is away from the building. School-age children may play in an unfenced area as part of a scheduled supervised activity if the area is properly protected from traffic and other hazards.
(3)
The fence:
(A)
begins at ground level;
(B)
is at least 48 inches high; and
Child Care Centers24Effective 7-1-10 (C)
is maintained in a stable, secure, upright and good condition and poses no risk to children.
(4)
Gates are kept closed while children are outside. Outside play areas that are fenced provide a gate to use in the event of an emergency that does not require children to re-enter the building.
(5)
Play space is maintained:
(A)
in a safe and clean condition;
(B)
free of hazards; and
(C)
free from weeds, tall grass, untrimmed shrubbery, standing water, and litter, to prevent vermin and insect infestation.
(b)
Surfaces. Requirements pertaining to surfaces in play areas in this subsection are met. If the center shares playground space that does not comply with playground safetyrequirements in (1) through (5) listed below, the center submits a plan to Licensing forapproval for children at least four years of age. The plan includes a description ofplayground space to be used and methods to ensure that children do not play in the area that does not meet the requirements.
(1)
Outdoor play areas have more than one type of surface.
(2)
If used, climbers, swings, slides, or revolving equipment have impact-absorbing surfaces under them and throughout the fall zones.
(A)
Impact-absorbing materials include loose materials or unitary materials (see Section 2. All impact absorbing materials purchased or replaced after August 1, 2003, meet the criteria in (i) through (iii) listed below.
(i)
Materials meet the standard requirement for the Consumer Product SafetyCommission.
(ii)
All unitary materials must be appropriate for the height and type of equipment.
(iii)
Documentation of prescribed cushioning properties is maintained and accessible to OKDHS. Sand and pea gravel that meet the requirements in (i) of this subparagraph do not require documentation.
(B)
Grass is acceptable as impact-absorbing material only if the highestaccessible part of the equipment is four feet or less.
(3)
Fall zones extend a minimum of six feet in all directions from the perimeter of the equipment. Fall zones for adjacent equipment may overlap for existing equipment that is permanently anchored. However, when equipment is moved, or added, or change of ownership occurs, the fall zones for adjacent equipment do not overlap and the requirements in (A) through (C) of this paragraph are met. (See Supplement IV)
(A)
The fall zone for single-axis swings that move forward and backward extend to the front and rear of the swing a distance of two times the length of the swing's chain.
(B)
The fall zone for swings secured by a bar or strap which are used by children younger than age three extend to the front and rear of the swing a distance of six feet from the midpoint.
(C)
The fall zone for multi-axis swings or tire swings, extends a distance of six feet plus the length of the chain in every direction. A 30-inch clearance between a fully extended tire swing seat and the support structure is required.
(D)
Fall zones on the sides of equipment may not be necessary if the potential forfalls in that direction is minimal, for example, the sides of a swinging structure.
Child Care Centers25Effective 7-1-10 (4)
Surfaces made of loose materials are maintained at a depth of at least six inches by replacing, leveling or raking.
(5)
Turf and matting are maintained by repairing rips, tears, and loose seams.
(c)
Playground safety.
(1)
Children play outdoors daily when weather conditions do not pose a significanthealth risk.
(2)
Before physical activity, children are well-hydrated and encouraged to drink waterduring the activity.
(3)
Equipment is of sturdy, safe construction, easy to clean, free of hazards, and kept in good repair.
(A)
Equipment does not have angles or openings greater than three and one-half inches and less than nine inches that could entrap any part of a child's body or head.
(B)
Equipment does not have pinch, crush or shear points, for example, exposed or open gears on rotating devices or underneath equipment such as axle assembles on rotating devices.
(C)
Equipment does not have protrusion hazards.
(D)
Equipment is installed, maintained, and used in accordance with the manufacturer's instructions.
(E)
Unless portable by design, equipment is securely anchored, and anchors pose no hazard to children.
(F)
Swing seats are constructed of durable, lightweight, relatively pliable material, for example, nylon webbing, rubber, or plastic.
(4)
Play space and equipment are arranged to prevent hazards from conflicting activities.
(5)
There is a minimum of 25 percent of the required outdoor play space that is an open, continuous, uninterrupted, and unobstructed area.
(6)
Fall zones are free of all obstacles with the exception of support structures for swings.
(d)
Outdoor play equipment.
(1)
Equipment provided is age-appropriate and varied to meet the developmental needs of the children present.
(2)
The center has a minimum of one item from five of the equipment categories in this paragraph; and two items from (H) through (K) may be counted, provided theyare dedicated for outdoor use. Equipment categories are:
(A)
climbing apparatus sized to the age of children in care;
(B)
swinging apparatus;
(C)
crawl-through apparatus;
(D)
wheeled or riding toys;
(E)
balance apparatus;
(F)
balls, bean bags, and Frisbees;
(G)
sand and water play with accessories;
(H)
music equipment;
(I)
dramatic play and dress up;
(J)
blocks or loose parts; and
(K)
outdoor arts and crafts.
(3)
Trampolines of any kind are prohibited.
Child Care Centers26Effective 7-1-10 Section 25. Care of infants, toddlers, and two-year-olds
(a)
Environment. Infants, toddlers and two-year-olds shall be in an environment whichprotects them from physical harm and stimulates physical, cognitive, emotional, and social development. A written record of the infant and toddler's feeding, diapering, and naps is available daily for parents to see.
(b)
Feeding. Infants and toddlers are fed in accordance with their needs. Infants and toddlers are fed the infant formula or breast milk and diet prescribed by the child'sphysician or authorized by the child's parent. Parents may be requested to provide infant formula and baby food.
(1)
When a child has a special dietary need, parents may be requested to supplement the center's food service.
(2)
When infants and toddlers show evidence of wanting to feed themselves, they are allowed to do so.
(3)
The child's hands are washed with soap and water, disposable diaper wipe, or a damp paper towel with a drop of liquid soap before and after self-feeding.
(4)
Infants shall be held while being bottle-fed unless they are able to hold their bottles securely without assistance.
(5)
Bottles are not propped at any time.
(6)
Children are not given bottles in cribs or moving swings due to increased risk of choking, ear infections, and tooth decay.
(7)
Infants and toddlers who are not held for feeding have a designated place for eating.
(8)
Children younger than two years of age shall not be fed candies, gum, marshmallows, raw carrots, celery, raw peas, whole grapes, nuts, seeds, popcorn, or chips as these foods may cause choking. If served, peanut butter must be spread thinly. All other foods shall be cut up into small pieces no larger than ¼ inch cubesfor infants and no larger than ½ inch cubes for toddlers.
(9)
Staff members wash their hands thoroughly with soap and water before feeding children, including bottle-feeding.
(10)
Bottles and baby food provided by parents are labeled with the child's name.Previously opened baby food jars are not accepted from parents.
(11)
Bottles of formula or breast milk shall be refrigerated until immediately before feeding and immediately after feeding. At the end of the day, bottles and opened baby food jars are either sent home with parents or the contents are discarded.
(12)
Baby food is served from a separate dish and spoon for each child. Baby foods that have come into contact with the feeding spoon are discarded and not served again.
(13)
Bottles of formula or breast milk are not warmed in a microwave oven. If microwave ovens are used to warm food:
(A)
staff are trained to assess safe temperatures; and
(B)
a warning to check food temperature before feeding children is posted on all microwave ovens.
(c)
Diaper changing. Rooms in which children under three years of age are in diapershave an operable sink with hot and cold running water, hand-washing soap, and individual-use towels either in the same room or in a bathroom that opens directly intothe room.
Child Care Centers27Effective 7-1-10 (1)
The requirement in this subsection does not include:
(A)
rooms in which children, who are at least two years of age, are in disposable or cloth training pants if adequate provisions are made for supervision and sanitation; and
(B)
centers licensed for 15 or fewer children in buildings originally designed as a family residence if:
(i)
there is a centrally located bathroom sink with a changing table nearby;and
(ii)
children in diapers play throughout the house rather than in an assigned room.
(2)
The diaper-changing table shall be:
(A)
adjacent to or near the sink with a clean, moisture-proof surface;
(B)
sturdy and maintained in good repair;
(C)
a minimum of 28 inches above the floor; and
(D)
kept free of all objects except those used for diaper changing.
(3)
Staff are instructed in the proper procedure for diaper changing in a child care setting.
(4)
The procedure for diaper changing is posted in the diaper-changing area.
(5)
If cloth diapers and training pants are used, they shall be able to contain urine and stool and minimize fecal contamination of the environment. Cloth diapers and training pants are not rinsed when soiled. Fecal content may be disposed of in a toilet, but soiled diapers or training pants are not rinsed in the toilet.
(6)
Diapers are checked hourly and whenever the child indicates discomfort or exhibits behavior that suggests a soiled or wet diaper.
(7)
Diapers are changed promptly when wet or soiled.
(8)
A child's diaper or soiled underwear is changed in the diaper-changing area. Diapering is not done on surfaces used for other purposes.
(9)
Clean cloth diapers or clean disposable diapers are used.
(10)
Children are not left unattended on the diaper-changing table.
(11)
Disposable towelettes are used to thoroughly cleanse the child and are discarded after one use.
(12)
The surface is sanitized after each diaper change. (See Supplement V) Any sanitizing agent other than bleach must be approved by a local or state health official and must be used according to manufacturer's instruction. If moisture-proof, disposable surface products are used, they are discarded immediately after each diaper change, and the surface is sanitized.
(13)
Staff members are required to wash and scrub their hands thoroughly for at least ten seconds with soap and warm, running water after each diaper change.
(14)
If used, disposable gloves are discarded before a clean diaper is applied.
(d)
Toilet learning. The plan and progress in toilet learning are discussed with the parents.
(1)
Toilet learning is relaxed and pressure free.
(2)
A child is encouraged through regular use of a toilet or potty chair for short periods of time not to exceed ten minutes.
(3)
Staff are required to respond promptly when a child requests toileting assistance.
Child Care Centers28Effective 7-1-10 (4)
Staff do not show disapproval or punish children for accidents.
(5)
A child's clothing is changed immediately following a toileting accident. Soiled clothing is placed in a sealed, labeled, moisture-proof bag and sent home.
(6)
Potty chair receptacles are emptied, rinsed, and sanitized after each use.
(7)
Staff are required to wash their hands with soap and water after each toileting and assist children with hand washing, using soap and water.
(e)
Program. Each child is assigned a primary staff person. Staff are required to be present at all times in each room or adjacent bathroom when it is occupied by children.
(1)
Children are:
(2)
Staff provide frequent stimulation in a variety of ways including talking to, playing with, and holding and rocking children.
(3)
Language development isencouraged by staff members through individual interaction with each child, for example, singing, talking, reacting to the child's sounds, naming objects, describing events, reading stories, and playing musical games.
(4)
Infants and toddlers spend time outdoors daily when weather permits.
(5)
For awake infants who cannot move about the room, the staff shall hold, rockand/or carry the child frequently to change the place and position of the child and the selection of toys available.
(6)
Caregivers communicate and interact with children at the child's eye level as they feed, change, and cuddle them.
(7)
Toys that children have placed in their mouths or that are otherwise contaminated shall be cleaned and sanitized before being reused. (See Supplement V)
(8)
Additional requirements regarding equipment and rest time for infants, toddlers,and two-year-olds are found in Section 14(a) through (d), and Section 25.5.
(A)
removed from their cribs often when not sleeping;
(B)
not left for more than 30 minutes while awake in playpens, swings, high chairs, or stationary activity centers; and
(C)
provided opportunities to play freely on a clean, safe floor.
Section 25.1. Care of preschool children
(a)
Program. Staff shall plan and provide experiences that meet children's needs and stimulate learning in all developmental areas, including physical, social, emotional, and cognitive, regardless of gender.
(1)
The center has current weekly lesson plans appropriate for the developmental needs of each group of children.
(2)
Each child is viewed by staff as a unique person with an individual pattern of growth and development.
(3)
The center has a variety of learning areas, for example, areas for dramatic play, blocks, books, art, and science.
(4)
Children are provided opportunities to work individually or in small, informal groups most of the day and permitted to choose staff-directed or self-selected activities or not to participate.
(5)
If preschool children are involved in potentially dangerous activities, all requirements contained in Section 25.2(c)(5) are met.
Child Care Centers29Effective 7-1-10 (6)
Television and videos, if used, are age-appropriate and used with discretion and selectivity.
(b)
Schedule. To ensure a flexible program, a variety of activities are chosen that includes time for indoor and outdoor play, rest periods, and meals. A daily schedule isaccessible and followed with reasonable regularity.
(c)
Interactions between staff and children. Staff:
(1)
actively seek meaningful conversations with children and talk about events of importance;
(2)
are available and responsive to children, for example, encouraging them to share experiences, ideas, and feelings, and listening to them with attention and respect; and
(3)
describe problem situations to encourage children to evaluate a problem rather than imposing an adult solution.
Section 25.2. Care of school-age children
(a)
Characteristics and needs. School-age children bring special characteristicsand needs to a child care program, and staff obtain the skills and training to respond appropriately.
(b)
Interactions between staff and children. Because staff interactions with olderchildren differ significantly from those with preschoolers, staff:
(1)
actively seek meaningful conversations with children and talk about events of importance;
(2)
are available and responsive to children, for example, encouraging them to share experiences, ideas, and feelings, and listening to them with attention and respect;
(3)
describe problem situations to encourage children to evaluate a problem rather than imposing an adult solution;
(4)
have developmentally appropriate expectations of school-agers' social behavior;and
(5)
facilitate rather than instruct, for example, offer suggestions, provide positivereinforcement, encourage and recognize efforts and accomplishments.
(c)
Activities and program.
(1)
Program. The program is designed to provide a balance of activities that includes:
(A)
opportunities for alternating periods of indoor and outdoor play, weather permitting;
(B)
alternating periods of quiet and active play;
(C)
a balance of large muscle and small muscle activities;
(D)
more than one option for an activity, including individual, small group, or large group, for children most of the day; and
(E)
a variety of developmentally and age-appropriate activities and materials.
(2)
Lesson plans. The center has current weekly lesson plans appropriate for the developmental needs of each group of children.
(3)
Media use. Television, videos, video games and computer software, if used, are age-appropriate and used with discretion and selectivity.
(4)
Schedule. The daily schedule is accessible.
Child Care Centers30Effective 7-1-10 (5)
Special activities. If the center engages in potentially dangerous activities, for example, water activities, archery, gymnastics, or karate, the following requirements are met.
(A)
Written plan. A written plan, which is provided to parents and kept on file at the center, includes at a minimum:
(i)
qualifications of the supervisor of the activity;
(ii)
qualifications of any other staff members necessary for proper supervision;
(iii)
number of staff members needed to supervise the activity;
(iv)
conditions under which a child may participate in the activity, for example, the age and skill of the child;
(v)
any special equipment necessary, for example, life jackets, including the supply and condition; and
(vi)
safety practices that must be followed.
(B)
Parental permission. Written permission from the parent shall be on file with the center.
(C)
Staff requirements. Staff requirements include a staff member or other designated individual responsible for the activity who:
(i)
has documentation of appropriate experience, training, or certification in the program specialty;
(ii)
has verification of experience or certification available at the center's office; and
(iii)
is present at the site of the activity when it is being carried out by acontracted instructor.
Section 25.3. Care of children with disabilities
(a)
Program. When children with known disabilities are in care, the following program requirements are met.
(1)
Staff-child ratios. Additional staffing may be required to ensure the propersupervision and care of all children at the center.
(2)
Activities. Reasonable accommodations are made to enable a child with disabilities to participate in program activities.
(3)
Placement of children with disabilities. When placing a child with disabilitiesin an age group, all areas of the child's development are considered.
(4)
Behavior and guidance. Guidance of children with disabilities is appropriate tothe child's developmental age and type of disability rather than chronological age.
(b)
Staff instruction. Each teacher who cares for a child with a known disabilityparticipates in individualized instruction for that child including review of all information provided by the parent.
Section 25.4. Water activities
(a)
Parental permission. Written signed permission from parents for all childrenparticipating in swimming activities must be on file at the center.
(b)
Supervision. Any activity which involves water is supervised constantly. This includes supervision of children in dressing areas.
(1)
Staff-child ratios for swimming are met, in accordance with Section 9.1(f).
(2)
Staff are in or at the water and prepared to enter it at any time.
Child Care Centers31Effective 7-1-10 (3)
When children are using a pool with a depth of 18 inches or less of water, a staff member who has successfully completed training in first aid and cardiopulmonaryresuscitation (CPR) appropriate to the ages of the children is present.
(4)
When children are using a pool with a depth of more than 18 inches of water, a certified life guard is present.
(c)
Life guard. If the life guard is a staff member of the center, he or she:
(1)
has satisfactorily completed a certified course of instruction in life guarding by or equivalent to that offered by the American Red Cross or YMCA and which includes CPR appropriate to the age of the children;
(2)
is not counted in staff-child ratios; and
(3)
is responsible for no more than 35 children.
(d)
Safety. Staff ensures children's safety during water activities. Staff review all swimming and safety rules each time children participate in water activities.
(1)
Before children are permitted in water over their shoulders, their swimming skillsare tested by a staff member.
(2)
There is a system, known to children and staff, for checking to ensure that each child is safe when in the water.
(3)
Lifesaving equipment is available at the pool side in accordance with the Oklahoma State Department of Health's Public Bathing Place Regulations, OAC310:320-3-1.
(e)
Swimming pools. Swimming pools used by the child care center are consideredpublic bathing places and include permanent wading pools, in-ground pools, and above-ground pools.
(1)
Swimming pools are in compliance with the water quality, occupancy and fencing standards in Chapter 315, Public Bathing Place Standards and Chapter 320, PublicBathing Place Regulations.
(2)
Diving is permitted only when the pool meets design criteria for a diving pool.
(f)
Restrictions.
(1)
Ponds, pools, hot tubs, stock tanks, or other potential water hazards are inaccessible to children.
(2)
Swimming, wading, and boating are not allowed at a lake, pond, or other similarbody of water. School-age children may go fishing or boating, if swimming staff-child ratios are met. When boating, appropriately sized and approved life jackets are worn by children.
(3)
Use of saunas, spas, or hot tubs by children is prohibited.
(4)
Portable wading pools are prohibited.
Section 25.5. Rest time
(a)
Sleeping space and equipment. There is an individually assigned sleeping space with bedding for each sleeping child, in accordance with Section 14.
(1)
All sleeping equipment is maintained in good repair, free of holes and tears, in a safe and sanitary condition, and sanitized at least once per week. Cribs, cots, and mats are cleaned and disinfected and sheets are washed before they are used byanother child.
Child Care Centers32Effective 7-1-10 (2)
Sleeping equipment is of sufficient size to accommodate comfortably the size and weight of the child.
(3)
An individual sheet, which covers the entire sleeping surface, and cover for children over 12 months of age are provided. All bedding is in good condition and stored in a sanitary manner.
(4)
The cribs, playpens, cots, beds, or mats are spaced to allow easy access by staff and safe evacuation of children.
(5)
Each individual mat is at least two-inches thick and covered with durable, washable, form-fitting, waterproof material. Inflatable mats are not permitted.
(6)
Sheets and covers are changed when soiled. Crib sheets are changed at least daily and other bedding at least weekly.
(7)
Use of stacked cribs is prohibited.
(8)
Infant, toddler, and preschool children are not permitted to sleep on the floor.
(b)
Supervision.
(1)
Requirements pertaining to number and location of staff during nap time contained in Section 9.1(b) and (c) are met.
(2)
The light level allows for all children to be observed at all times, in accordance with Section 11(c)(1)(J).
(c)
Rest arrangements for infants, toddlers, and two-year-olds. Infant rest schedules correspond as closely as possible to the child's individual needs and the schedule established by the parent.
(1)
To reduce the risk of Sudden Infant Death Syndrome (SIDS), infants youngerthan 12 months of age are placed on their back for sleeping unless there is a medical reason the infant should not sleep in this position, as documented by a doctor. This documentation is maintained at the facility.
(2)
Infants who are able to turn themselves over are placed initially on their back forsleeping but allowed to sleep in a position they prefer.
(3)
Individually assigned cribs, port-a-cribs, or playpens with waterproof mattresses or pads are provided for each infant and toddler. Cribs comply with the safety requirements of Section 14(b)(2). Children age ten months and older may sleep on low cots or mats when able to stay on them.
(4)
Waterbeds, sofas, soft mattresses, pillows, beanbag chairs, and other soft surfaces are prohibited as infant sleeping surfaces.
(5)
Pillows, quilts, comforters, sheepskins, stuffed toys, bumper pads, and other softproducts are not permitted in infant cribs or playpens. Sheets fit the mattress snugly.
(6)
Cribs, port-a-cribs, and playpens are placed so that children occupying them do not have access to cords or ropes, such as venetian blind cords.
(7)
Only one child occupies a crib, cot, or mat at any time except during an evacuation.
(8)
Staff do not cover children's heads with bedding.
(9)
Crib railings are fully raised and secured when the child is in the crib.
(10)
No restraining devices of any type are used in cribs.
(11)
Children are not forced to remain on cots once they have rested.
(d)
Rest arrangements for preschool children.
(1)
There is an individually assigned cot, bed, or mat with bedding for each preschool child who remains more than five consecutive hours in the child care center.
Child Care Centers33Effective 7-1-10 (2)
Children who do not sleep have quiet activities available and are not required to remain on their cots or mats for an entire nap period.
(e)
Rest periods for school-age children. School-age children are not required to take naps.
(1)
On days when school is not in session, quiet activities may be provided instead of rest time.
(2)
For children choosing to rest, a cot, bed or mat with sheet and a cover is provided.
Section 25.6. Night-time care
(a)
Requirements. When children spend the night, the center complies with the following requirements.
(b)
Maximum time. Under no circumstance is a child in care for over 24 consecutive hours.
(c)
Supervision of sleeping or resting children. All staff members required to meet staff-child ratios are awake at all times.
(1)
A staff person remains with each group.
(2)
Other staff required to meet staff-child ratios remain in the building.
(d)
Sleeping space and equipment. Requirements for sleeping space and equipmentcontained in Section 25.5 are met. Mats are not used for overnight care. Each cot or bed has:
(1)
a waterproof pad or mattress, pillow, pillow case, and two sheets;
(2)
the bottom sheet properly secured; and
(3)
additional covers available.
(e)
Safety.
(1)
Emergency lighting devices are installed throughout centers that provide night care.
(2)
The center maintains lighting levelsbright enough to accommodate activities with comfort and allow the caregiver to see resting children's facial features.
(3)
Sleeping accommodations are restricted to ground floor areas.
(4)
Child care centers that operate on a 24-hour per day basis may be required to meet other construction requirements in state-adopted codes as determined by the state or local fire marshal.
(f)
Personal hygiene.
(1)
Arrangements are made for personal hygiene, including bathing and tooth-brushing. Toothbrushes are stored in a sanitary manner.
(2)
Privacy is ensured for children while they are washing and when they are changing clothes.
Section 26. Behavior and guidance
(a)
Appropriate discipline. Discipline is required to be constructive and educational and appropriate to the child's age and circumstances.
(b)
Staff requirements. Staff members:
(1)
recognize and encourage acceptable behavior;
(2)
teach by example and use fair and consistent rules in a relaxed atmosphere with discipline that is relevant to the child's behavior;
(3)
supervise with an attitude of understanding and firmness;
Child Care Centers34Effective 7-1-10 (4)
give clear directions and provide guidance appropriate to the child's level of understanding;
(5)
redirect children by stating alternatives when behavior is unacceptable;
(6)
speak so that children understand that they and their feelings are acceptable butunacceptable action or behavior is not;
(7)
encourage children to control their own behavior, cooperate with others and solve problems by talking things out;
(8)
give guidance in activities in an orderly fashion including a choice of interesting planned activities;
(9)
help children feel successful at a task and give options for other tasks if the one chosen proves too difficult;
(10)
prepare children for the next activity a few minutes ahead and allow them to wind down from one activity before beginning another;
(11)
use "time-out" periods only as necessary to enable the child to gain control ofhimself or herself. Time-out periods do not exceed five minutes. One minute oftime-out for each year of a child's age is recommended. The child is allowed torejoin the group as soon as the child regains control;
(12)
use safe, natural, and logical consequences to address inappropriate behavior;
(13)
maintain perspective about school-agers' misbehavior, recognizing that every infraction does not warrant staff attention or intervention; and
(14)
when necessary, intervene as quickly as possible to ensure the safety of all children.
(c)
Restrictions. Staff are prohibited from:
(1)
subjecting a child to punishment of a physical nature, for example, shaking, striking, spanking, swatting, thumping, pinching, popping, shoving, spatting, biting, hair pulling, yanking, slamming, excessive exercise, or any cruel treatment that may cause pain;
(2)
putting anything in or on a child's mouth as punishment;
(3)
restraining a child by any means other than holding and then for only as long asis necessary for the child to regain control;
(4)
subjecting a child to punishment of a psychological nature, for example,humiliation by derogatory or sarcastic remarks about the child or the child's family's race, gender, religion, or cultural background;
(5)
using harsh or profane language or actual or implied threats of physical punishment;
(6)
punishing or threatening a child in association with food, rest, or toilet training;
(7)
isolating a child without supervision or placing him or her in a dark area;
(8)
permitting a child to discipline other children;
(9)
punishing an entire group due to the actions of a few children; or
(10)
seeking or accepting parental permission to use any punishment or act prohibited by the requirements contained in this subsection; and
(11)
participating in personal activities that interfere with the adequate supervision of children, such as visitors and phone calls.
Child Care Centers35Effective 7-1-10 Section 27. Health
(a)
Cleanliness.
(1)
Caregivers attend promptly to children's personal hygiene needs.
(2)
Caregivers thoroughly wash their hands with soap and warm, running water:
(A)
before handling food;
(B)
before feeding children or eating;
(C)
after diapering or toileting;
(D)
after touching or cleaning up body fluids, including wiping noses;
(E)
after handling or feeding pets;
(F)
after playing outdoors or in sand or water; and
(G)
before medication is dispensed.
(3)
Staff ensure that children wash their hands with soap and warm, running water:
(A)
before eating;
(B)
after toileting;
(C)
after handling pets;
(D)
after playing outdoors or in sand or water; and
(E)
after wiping their noses.
(4)
When a child older than three years of age in diapers is cared for in a roomwithout a diaper-changing area, arrangements are made for sanitary diaperchanging, hand-washing, and privacy.
(5)
A child's wet or soiled clothing is changed immediately, and placed in a labeled, sealed, moisture-proof bag to be sent home. A supply of clean clothing is available.
(6)
Toys and items that are in contact with children's mouths are washed and sanitized after each child's use or as needed; and if contaminated by other body fluids, toys, and equipment are set aside to be washed and sanitized.
(7)
Each toilet article, for example, wash cloth, towel, comb, or toothbrush, isindividually assigned and stored and is not used jointly by or on children.
(b)
Health records. Upon admission of a child, parents are required to submit the child'simmunization record, a listing of special health needs, and the name of the child's physician.
(c)
Immunizations. Children have or are in the process of obtaining all required immunizations at the medically appropriatetime. (See Supplement VI) If a child is accepted for whom an exemption is claimed, documentation of the exemption is kept on file at the center.
(d)
Disease control. At the time of enrollment, parents are informed of the center'spolicy regarding ill children.
(1)
Each child is carefully observed by staff members for symptoms of illness or infestation.
(2)
Any child showing symptoms of illness or infestation is separated from the groupand parents are notified as needed.
(3)
The local or state health department is notified upon discovery of any case ofhepatitis, meningitis, Shigellosis, Giardiasis, measles, rubella, whooping cough,tuberculosis, E coli 0157:H7, Salmonellosis, or any Haemophilus influenza invasive disease in any person associated with the center. If a center has concerns aboutthe health of a child, the local or state health department may be contacted.
Child Care Centers36Effective 7-1-10 (4)
Cots, cribs, bedding, and play equipment are cleaned and sanitized after use byan ill child.
(5)
Disposable, nonporous gloves are used to clean up blood, vomit, or body fluidsthat may contain blood. Disposable gloves are discarded in a closed container immediately after use, and staff wash their hands.
(6)
A commercial sanitizer or a bleach solution of one tablespoon of bleach to one gallon of warm water, made fresh daily, is used to sanitize surfaces wheneverneeded. (See Supplement V)
(7)
For diaper-changing surfaces, the solution used is:
(A)
one-fourth cup of bleach to one gallon of water;
(B)
two tablespoons of bleach to one-half gallon of water;
(C)
one tablespoon bleach to one quart of water; or
(D)
two teaspoons of bleach to one pint of water.
(8)
Parents are notified as soon as possible of children's exposure to a contagiousillness or infestation.
(9)
Staff with symptoms of a communicable disease or illness are not permitted in the center.
(10)
A child's temperature is not taken orally or rectally.
(e)
Medication.
(1)
The parent signs an authorization for center staff to administer each medication. Directions are recorded for the proper amount (dosage), including time and days medication is to be administered.
(2)
If a child has a chronic medical problem, the parent may sign a medication authorization for up to a nine-month period for prescribed medication to be administered by staff as needed. The child's parents are notified whenevermedication is administered.
(3)
Prescription medication is not administered unless the medication is a part of a prescribed therapeutic treatment.
(4)
Medication is provided by the parent in the original container and labeled with the child's full name.
(5)
Staff administers medication according to the label or written doctor's directionsand only to the child for whom it is intended.
(6)
To avoid duplication, each dosage administered is recorded on individual medication logs by designated staff. Medication logs are readily available to parents.
(7)
All medications are inaccessible to children and stored in a manner which prevents contamination of food.
(8)
Medication is either returned to the parent or disposed of properly when it is out-of-date or the child has withdrawn from the center.
(f)
Injuries. The center:
(1)
contacts poison control with any suspected child poisonings;
(2)
notifies parents as soon as possible of any known cuts, burns, animal bites, or injuries that may need evaluation by a physician; and
(3)
maintains a log or report of all injuries that occur at the program. (See Supplement VII)
Child Care Centers37Effective 7-1-10 (g)
Emergency procedures. A written emergency procedure for severe injury or acute illness is prominently displayed at the child care center. The emergency procedure includes:
(1)
administration of first aid and location of the first aid kit;
(2)
name and telephone number of the emergency service, physician and/or clinic;
(3)
notification of parent; and
(4)
notification of Licensing Services regarding the death of a child while in care orany injury to a child that requires emergency medical attention, in accordance with Section 5(c)(5)(G) and (H).
(h)
First aid kits. Readily available first aid kits are maintained in the center and are taken on each field trip.
(1)
Each kit is a closed container for storing first aid supplies which is accessible tostaff at all times but inaccessible to children.
(2)
First aid kits are restocked as needed.
(3)
At a minimum, the first aid kit contains:
(A)
disposable nonporous gloves;
(B)
blunt-tipped scissors;
(C)
tweezers;
(D)
a thermometer;
(E)
bandage tape;
(F)
sterile gauze pads;
(G)
rolled flexible or stretch gauze;
(H)
non-medicated adhesive strips; and
(I)
current standard first aid text or equivalent first aid guide.
(4)
First aid kits taken on field trips also include:
(A)
liquid soap and water or individually packaged towelettes;
(B)
pen or pencil and note pad;
(C)
cold pack;
(D)
coins for use in a pay phone;
(E)
the poison control center telephone number, 1-800-222-1222; and
(F)
plastic bags for disposal of items contaminated with blood and/or body fluids.
Section 28. Food and nutrition
(a)
Meals. Children remaining in the center over a four-hour period are served a balanced meal that provides at least one-third of their total daily nutritional requirements (See Supplement VIII)
(1)
Food is provided for all children in care. For infants in care or for a child who hasa special dietary need, including health or religious restrictions, parents may be requested to supplement the center's food service.
(2)
School-age children may provide their own meals if the requirements contained in this paragraph are met.
(A)
All sack lunches containing perishable foods are refrigerated at 41 degrees F or below, and a thermometer is in the refrigerator or ice chest. If an ice chest is used to refrigerate perishable food or milk:
Child Care Centers38Effective 7-1-10 (i)
the food or milk is served within four hours and is not re-served or re-refrigerated;
(ii)
packaged food is not stored incontact with water or undrained ice;
(iii)
self-wrapped sandwiches are not stored in direct contact with ice; and
(iv)
ice used for refrigeration is not used for any other purpose.
(B)
Additional food is provided to children who bring a lunch that fails to meet at least one-third of their total daily nutritional requirements.
(C)
A meal is provided to a child who fails to bring one.
(D)
Milk is provided for all children.
(3)
Second servings are available for children.
(4)
Children are encouraged, but not forced, to eat.
(b)
Food service plan. The center's food service plan and sample menu reflecting the required food service are filed with the OKDHS .
(1)
When all-day care is provided, a breakfast or morning snack, a noon meal, and an afternoon snack are served to children.
(2)
When evening care is provided, an evening meal and evening snack are served.
(3)
When children remain all night, an evening meal, evening snack, and breakfast are served.
(c)
Menu posting. Current weekly menus of food provided by the center are posted at all times.
(1)
A duplicate menu is posted in the kitchen for the cook's use.
(2)
Menus are closely followed, although reasonable substitutions are permissible ifposted.
(d)
Food storage and preparation.
(1)
Food storage and preparation comply with food service and sanitation requirements in Section 31.
(2)
Only commercially pre-packaged non-potentially hazardous food items may be brought from individual homes for consumption by a group of children.
(e)
Water. Safe drinking water is freely availab