Oklahoma § 10-403 - Exemptions from application of act

§ 10-403. Exemptions from application of act

A. The provisions of the Oklahoma Child Care Facilities

Licensing 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. Care provided by an attorney-in-fact authorized by Section

700 of this title who exercises parental or legal authority on a

continuous basis for not less than twenty-four (24) hours and

without compensation for the intended duration of the power of

attorney;

4. Programs in which school-aged children three (3) years of

age and older are participating in home-schooling;

5. Programs that serve children three (3) years of age and

older and that are operated during typical school hours by a public

school district;

Oklahoma Statutes - Title 10. Children

6. Programs that serve children three (3) years of age and

older and that are operated during typical school hours by a private

school that offers elementary education in grades kindergarten

through third grade;

7. Summer youth camps, summer programs or after-school programs

for children who are at least four (4) years of age, that are

accredited by a national standard-setting agency or church camp

accreditation program, or are accredited by, chartered by or

affiliated with a national non-profit organization;

8. Programs in which children attend on a drop-in basis and

parents are on the premises and readily accessible;

9. A program of specialized activity or instruction for

children that is not designed or intended for child care purposes

including, but not 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 instruction;

10. Any child care facility that:

a.

provides care and supervision for fifteen (15) or

fewer hours per week,

b.

operates less than ten (10) weeks annually,

c.

operates in the summer for less than eight (8) hours

per day, or

d.

provides care and supervision for school-aged children

only in a center-based program for twenty-one (21) or

fewer hours a week and is located in a county with a

population of less than one hundred thousand (100,000)

according to the latest Federal Decennial Census;

11. Facilities whose primary purpose is medical treatment;

12. Boarding schools that have education as their primary

purpose and that are recognized as accredited by the State Board of

Education. To be exempt, such programs shall:

a.

have classroom facilities that are not used for

residential living,

b.

not have been granted nor have assumed legal custody

of any child attending the facility, and

c.

adhere to standard educational holiday and seasonal

recess periods to permit students reasonable

opportunities to return to their primary places of

residence with parents or legal guardians;

13. Day treatment programs and maternity homes operated by a

licensed hospital;

14. Juvenile facilities certified by the Office of Juvenile

Affairs or certified by any other state agency authorized by law to

license such facilities;

Oklahoma Statutes - Title 10. Children

15. A program where children are not enrolled by the parents

and are free to come and go;

16. A program in tribal land as defined at 25 U.S.C.A. 1903

(10); and

17. A program on a military base or federal property, or a

facility licensed as a family child care provider by a branch of the

United States Department of Defense or by the United States Coast

Guard.

B. The provisions of the Oklahoma Child Care Facilities

Licensing Act shall be equally incumbent upon all private and public

child care facilities.

Added by Laws 1953, p. 18, § 3. Amended by Laws 1963, c. 89, § 3,

emerg. eff. May 23, 1963; Laws 1993, c. 122, § 3, emerg. eff. April

29, 1993; Laws 1998, c. 386, § 3, eff. July 1, 1998; Laws 1999, c.

233, § 2, eff. Nov. 1, 1999; Laws 2000, c. 385, § 6, eff. Nov. 1,

2000; Laws 2001, c. 174, § 3, eff. Nov. 1, 2001; Laws 2004, c. 187,

§ 1, eff. Nov. 1, 2004; Laws 2009, c. 230, § 3, emerg. eff. May 21,

2009; Laws 2013, c. 308, § 2, eff. Nov. 1, 2013; Laws 2014, c. 172,

§ 3, emerg. eff. April 28, 2014; Laws 2017, c. 377, § 1, emerg. eff.

June 6, 2017; Laws 2018, c. 190, § 1, eff. Nov. 1, 2018; Laws 2022,

c. 99, § 1, emerg. eff. April 28, 2022.