5.1 Licensing Requirements

Each Lead Agency must ensure it has in effect licensing requirements applicable to all child care services provided within the State/Territory (not restricted to providers receiving CCDF funds). 5.1.1 Providers subject to licensing For each category of care listed below, identify the type of providers subject to licensing and describe the licensing requirements. a. Identify the center-based provider types subject to child care licensing: The following programs are licensed: (1) Child care centers-programs that operate 30 or more hours per week. (2) Day camps-programs that operate during school breaks for 12 or less hours per day, serve children 5-years and older who are attending, or have completed kindergarten or above and use the outdoors as a major program component for at least 50% of the daily hours of operation (3) Drop-in programs- operate 30 or more hours per week with individual children attending six hours or less per day and 24 hours or less per week, with an allowance for three six hour days per months per child. (4) out-of-school time programs- operate when school is not in session, such as before- and after-school and school breaks and serve 3-year-olds and older who are attending or have completed pre- kindergarten or above. (5) part-day programs- operate for more than 15 but less than 30 hours per week (6) programs for sick children- programs for sick children serve children with illnesses or symptoms that prevent them from comfortable participation in activities in a program caring for well children and requires more care than personnel in a program caring for well children can provide without compromising the health and safety of other children in care. Are there other categories of licensed, regulated, or registered center providers the Lead Agency does not categorize as license-exempt? [ ] Yes. If yes, describe: [x] No. b. Identify the family child care providers subject to licensing: Family child care home- a family home that provides care and supervision for seven or fewer children for part of the 24-hour day. Large Family Child Care home- a residential family home that provides care and supervision for eight to twelve children for part of the 24-hour day Are there other categories of regulated or registered family child care providers the Lead Agency does not categorize as license-exempt? [ ] Yes. If yes, describe: [x] No. c. Identify the in-home providers subject to licensing: In home care providers are exempt from licensing requirements. Are there other categories of regulated or registered in-home providers the Lead Agency does not categorize as license-exempt? [ ] Yes. If yes, describe: [x] No. 5.1.2 CCDF-eligible providers exempt from licensing Identify the categories of CCDF-eligible providers who are exempt from licensing requirements, the types of exemptions, and describe how these exemptions do not endanger the health, safety, and development of children. -Relative providers, as defined in CCDF, are addressed in subsection 5.8. a. License-exempt center-based child care. Describe by answering the questions below. i. Identify the categories of CCDF-eligible center-based child care providers who are exempt from licensing requirements. The provisions of the Oklahoma Child Care Facilities Licensing act shall not apply to: (1) Programs that serve children three years of age and older, that operate during typical school hours by a public school district (2) Programs that serve children three years of age and older that are operated during typical school hours by a private school that offers elementary education through third grade (3) Summer youth camps, summer programs or after-school programs for children who are at least four years of age that are accredited by a national standard setting agency or church camp accreditation program, or are accredited by, charted by, or an affiliated with a national non- profit organization (4) Programs in which children attend on a drop-in basis and parents are on the premises and readily accessible (5) A program of specialized activity or instruction for children that is not designed or intended for child care purposes including, but limited to, scouts, 4-H clubs and summer resident youth camps, programs that limit children from enrolling in multiple sessions because of the type of activity or ages accepted and single activity programs such as academics, athletics, gymnastics, hobbies, art, music, dance and craft instructions (6) Any child care facility that: a. provides care and supervision for fifteen or fewer hours per week; b. operates less than ten weeks annually; c. operated in the summer for less than eight hours per day or d. provides care and supervision for school-aged children only in a center-based program for twenty-one or fewer hours a week and is located in a county with a population of less than one hundred thousand according to the latest federal decennial census (7) Facilities whose primary purpose is medical treatment (8) A program where children are not enrolled by the parents and are free to come and go (9) A program in tribal land as defined at 25 U.S.C.A. 1903 (10) A program on a military base or federal property. ii. Describe the exemptions based on length of day, threshold on the number of children in care, ages of children in care, or any other factors applicable to the exemption. Any child care facility that: a. provides care and supervision for fifteen or fewer hours per week; b. operates less than ten weeks annually; c. operated in the summer for less than eight hours per day or d. provides care and supervision for school-aged children only in a center-based program for twenty-one or fewer hours a week and is located in a county with a population of less than one hundred thousand according to the latest federal decennial census. iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. The Oklahoma Licensing Act exempts programs that limit the time children attend; do not meet the intent of child care; or are accredited through national organizations or federal agencies that have health and safety requirements. b. License-exempt family child care. Describe by answering the questions below. i. Identify the categories of CCDF-eligible family child care providers who are exempt from licensing requirements. The provisions of the Oklahoma Child Care Facilities Act shall not apply to: (1) Care provided in a child’s own home or by relatives (2) Informal arrangements which parents make with friends or neighbors for the occasional care of their children (3) Programs in which school-aged children three years of age and older are participating in home-schooling (4) Any child care facility that: a. provides care and supervision for fifteen or fewer hours per week, b. operated less that ten weeks annually, c. operated in the summer for less than eight hours per day (5) A program on tribal land as defined at 25 U.S.C.A. 1903 (6) A program on a military base or federal property. ii. Describe the exemptions based on length of day, threshold on the number of children in care, ages of children in care, or any other factors applicable to the exemption. The Oklahoma Licensing Act exempts programs that limit the time children attend; do not meet the intent of child care; or are accredited through national organizations or federal agencies that have health and safety requirements. Any child care facility that provides care and supervision for fifteen (15) or fewer hours per week, operates less than ten (10) weeks annually, operates in the summer for less than eight (8) hours per day. iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. The Oklahoma Licensing Act exempts programs that limit the time children attend; do not meet the intent of child care; or are accredited through national organizations or federal agencies that have health and safety requirements. c. In-home care (care in the child’s own home by a non-relative). Describe by answering the questions below. i. Identify the categories of CCDF-eligible in-home care (care in the child’s own home by a non- relative) providers who are exempt from licensing requirements. The provisions of the Oklahoma Child Care Facilities Licensing Act shall not apply to care provided in a child’s own home or by relatives. This type of care is not supported by the Lead Agency and receive no funding. ii. Describe the exemptions based on length of day, threshold on the number of children in care, ages of children in care, or any other factors applicable to the exemption. The provisions of the Oklahoma Child Care Facilities Licensing Act shall not apply to care provided in a child’s own home or by relatives. This type of care is not supported by the Lead Agency and receive no funding. iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. The provisions of the Oklahoma Child Care Facilities Licensing Act shall not apply to care provided in a child’s own home or by relatives. State law provides no regulatory authority over these programs this type of care is not supported by the Lead Agency and received no funding.do not receive funding. The Lead Agency cannot describe how the exemptions for these non CCDF-eligible providers do not endanger the health, safety and development of children.