Oklahoma § 10-404.3 - Demarion's Law - Mandatory liability insurance for

§ 10-404.3. Demarion's Law - Mandatory liability insurance for

facilities

A. A child care facility shall maintain general liability

insurance coverage as defined by Section 707 of Title 36 of the

Oklahoma Statutes of at least Two Hundred Thousand Dollars

($200,000.00) for each occurrence of negligence. An insurance

policy or contract required under this section shall cover injury to

Oklahoma Statutes - Title 10. Children

a child due to negligence that occurs while the child is in the care

of the child care facility.

B. The Department of Human Services shall promulgate rules

providing for a standard form to be signed and dated by an insurance

agent licensed in this state stating that the child care facility

has an unexpired and uncancelled insurance policy or contract of at

least Two Hundred Thousand Dollars ($200,000.00) that meets the

requirements of this section. This form shall be completed annually

and shall be maintained by the child care facility. Upon request,

the form shall be made available to the Department to determine

compliance with licensing requirements.

C. Should the child care facility for financial reasons or for

lack of availability of an underwriter willing to issue a policy be

unable to secure the insurance required under subsection A of this

section, should the policy limits be exhausted, or if the child care

facility reports self-insurance in accordance with state law the

child care facility shall:

1. Post a conspicuous notice at the facility indicating the

facility does not have liability insurance coverage pursuant to this

section or reports self-insurance in accordance with state law;

2. Notify the Department that coverage is not provided or that

the facility reports self-insurance in accordance with state law;

and

3. Keep a form signed by the parent or legal guardian of each

child that he or she has been told that the child care facility does

not carry at least Two Hundred Thousand Dollars ($200,000.00) of

general liability insurance.

D. The Department shall promulgate rules providing for a

standard notice form for the facility to post which indicates the

facility does not carry liability insurance or reports selfinsurance in accordance with state law. The form required pursuant

to paragraph 1 of subsection C of this section shall be:

1. Printed with lettering that is legible and in at least

three-fourths-inch boldfaced type;

2. Placed at the main entrance of the facility in a conspicuous

location; and

3. Copied and provided to the parent or legal guardian of each

child under supervision of the child care facility.

E. In no case shall the inability to secure coverage serve to

indemnify the child care facility due to negligence.

F. The insurance policy or contract shall be maintained at all

times in an amount as required by this section, except as provided

for in subsection C of this section.

G. Each child care facility shall maintain a copy of the most

recent compliance file onsite. The Department shall promulgate

rules providing for a standard notice form for the facility to post

which indicates:

Oklahoma Statutes - Title 10. Children

1. The facility has a copy of the most recent compliance files

onsite for inspection upon request of a parent or guardian of each

child under the supervision of the child care facility; and

2. Such files are also made available for public inspection by

the Department.

H. The forms required pursuant to this subsection shall be:

1. Printed with lettering that is legible and in at least

three-fourths-inch boldfaced type;

2. Placed at the main entrance of the facility in a conspicuous

location; and

3. Copied and provided to the parent or legal guardian of each

child under supervision of the child care facility.

I. The requirements for posting provided by subsection D and G

of this section shall not apply to:

1. Licensed child-placing agencies;

2. Licensed residential child care facilities; or

3. Department-certified child care facilities.

J. The Department may promulgate rules requiring liability

insurance for facilities listed in subsection I of this section.

K. Failure by a child care facility to comply with the

provisions of this section is grounds for suspension or revocation

of the child care facility license under the Oklahoma Child Care

Facilities Licensing Act.

L. The Department shall promulgate rules to implement the

provisions of this section.

Added by Laws 2008, c. 58, § 2, eff. Nov. 1, 2008. Amended by Laws

2009, c. 136, § 1, emerg. eff. May 8, 2009; Laws 2010, c. 45, § 1,

eff. Nov. 1, 2010; Laws 2013, c. 308, § 5, eff. Nov. 1, 2013; Laws

2016, c.283, § 1, emerg. eff. May 9, 2016.