Okla. Admin. Code § 340:110-3-280

Current through Vol. 42, No. 4, November 1, 2024

Section 340:110-3-280 - Reporting

(a)Licensing.

(1)Next business day. The owner, responsible entity, or director notifies Licensing by the next Oklahoma Human Services (OKDHS) business day of:

(A) a responsible entity change;

(B) a director change;

(C) a mailing address change, when different from the physical address;

(D) a phone number change;

(E) a program liability insurance coverage change;

(F) an individual moving into the facility;

(G) a known legal action, such as a Victim Protection Order, arrest, or criminal investigation or charge, involving the program, owner, responsible entity, personnel, or an individual living in the facility;

(H) a known child abuse or neglect pending investigation or disposition involving the owner, responsible entity, personnel, or an individual living in the facility;

(I) an unscheduled temporary or permanent program closure or relocation;

(J) facility damage affecting the amount of usable square footage or compliance with requirements;

(K) an incident exposing children to an imminent risk of harm, such as a child leaving the facility without personnel's knowledge or being left alone on-or off-site or in a vehicle;

(L) an animal bite to an individual occurring on-site at any time or when participating in off-site program activities;

(M) an accident involving transportation, unless no injuries and only minor vehicle damage occurred;

(N) a child injury requiring emergency medical attention;

(O) a child death occurring while in care; or

(P) any disease or illness requiring prompt local or Oklahoma State Department of Health (OSDH) notification, per (c)(1) of this subsection.

(2)Thirty-calendar days prior. The owner, responsible entity, or director notifies Licensing at least 30-calendar days prior to:

(A) an anticipated temporary or permanent program closing, other than a scheduled closing identified in program policy, such as a holiday;

(B) an anticipated temporary or permanent location change;

(C) an anticipated facility change or alteration impacting the amount of usable square footage or compliance with the requirements;

(D) a business entity change;

(E) a program name change; or

(F) a proposed licensed capacity change.

(b)Child abuse and neglect and human trafficking.

(1)Abuse and neglect. Any person who has reason to believe a child was abused or neglected, per Section 1-1-105 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-1-105) is required to report the matter promptly to the OKDHS Child Abuse and Neglect Hotline at 1-800-522-3511, per 10A O.S. § 1-2-101. Failure to report is a misdemeanor offense and upon conviction is punishable by law. Failure to report with prolonged knowledge, six months or more, of ongoing abuse or neglect is a felony offense.

(2)Human trafficking. Per 21 O.S. § 870, every person having reason to believe that a person or child-placing agency is engaging in the crime of human trafficking in children, per 21 O.S. § 866, reports the matter promptly to the Oklahoma Bureau of Narcotics and Dangerous Drugs Control.

(c)Health department.

(1)Promptly. The program promptly notifies the local or OSDH of a known case in individuals associated with the program, of:

(A) Measles;

(B) meningococcal invasive disease; or

(C) an outbreak of two or more cases within a facility of:

(i) COVID-19;

(ii) influenza; or

(iii) varicella (chicken pox).

(2)Next business day. The program notifies the local or OSDH by the next health department-business day of a known case in individuals associated with the program, of:

(A) Campylobacteriosis;

(B) cryptosporidiosis;

(C) E. coli O157:H7 or Shiga toxin-producing E. coli (STEC);

(D) Haemophilus influenzae invasive disease;

(E) hepatitis A;

(F) mumps;

(G) rubella;

(H) salmonellosis;

(I) shigellosis;

(J) tuberculosis; or

(K) whooping cough (pertussis).

(3)Guidelines and recommendations. Programs follow all guidelines and recommendations per local or OSDH authorities.

(d)Parents.

(1)Immediately. The program notifies parents immediately of:

(A) a child not arriving at the facility on his or her own as scheduled, such as when walking to the facility;

(B) a child not present at the pick-up location as scheduled;

(C) a child or individual at the pick-up location who contradicts previously established pick-up arrangements;

(D) a situation requiring immediate administration of a life-threatening condition medication;

(E) an injury that may need evaluation by a licensed physician;

(F) poison exposure; or

(G) an animal bite to a child when the skin is broken or when an evaluation by a licensed physician may be needed.

(2)Promptly. The program promptly notifies parents when a child :

(A) is separated from the group due to an illness or infestation or when exclusion is required, per Oklahoma Administrative Code (OAC) 340 Appendix JJ - Exclusion Criteria for Children Who Are Ill; or

(B) has a suspected allergic reaction, including ingestion of, or contact with, allergens, even when a reaction did not occur.

(3)Upon child pick up. The program notifies parents upon child pick up of:

(A) daily happenings, including the infant and 1-year-old daily records as maintained, per OAC 340:110-3-281.4(b);

(B) changes in the child's physical or emotional state;

(C) known minor injuries;

(D) illness or infestation symptoms that developed or changed;

(E) a communicable disease or infestation exposure, per OAC 340:110-3-278(d);

(F) an administration of a non-life-threatening condition medication when administered only as needed, such as diaper cream;

(G) an animal bite to a child, when the skin is not broken; and

(H) implemented emergency plans and procedures, except for drills.

(4)Heinous and shocking abuse notification. OKDHS notifies programs of a substantiated finding of heinous and shocking abuse by a person responsible for a child's health, safety, or welfare, as defined, per 10A O.S. § 1-1-105. Upon receiving the notice, the facility owner or operator provides notification to parents or legal guardians of children attending the facility using an OKDHS-provided form.

(A) Notification is:

(i) immediately attempted but not later than 72 hours of notice receipt from OKDHS; and

(ii) provided by certified mail.

(B) The program maintains the list of notified parents and legal guardians for at least 12 months.

(5)Prior. Prior to each field trip, the program notifies parents of the date, time, and location. The field trip permission, per OAC 340:110-3-281.4(b), meets this requirement when this specific information is included.

(6)Upon enrollment and prior to changes. The program notifies parents upon enrollment and prior to a change in the presence of:

(A) animals;

(B) tobacco or simulated tobacco use; and

(C) weapons, including how safety requirements are met.

Okla. Admin. Code § 340:110-3-280

Added at 32 Ok Reg 704, eff 1-1-16 (emergency)

Added by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/15/2016

Amended at 34 Ok Reg 200, eff 11-22-16 (emergency)

Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/15/2017

Amended by Oklahoma Register, Volume 40, Issue 22, August 1, 2023, eff 9/15/2023