Oklahoma § 10-406 - Investigations - Notice of violation – Confidentiality –

§ 10-406. Investigations - Notice of violation – Confidentiality –

Anonymous complaint system.

A. 1. Except as provided in paragraph 2 of this subsection,

the Department of Human Services shall have authority at any

reasonable time to investigate and examine the conditions of any

child care facility in which a licensee or applicant hereunder

receives and maintains children, and shall have authority at any

time to require the facility to provide information pertaining to

children in its care.

2. When the Department of Human Services is reviewing the star

rating of a child care program with a capacity of fifty or more, the

comprehensive visit to inspect and examine the program shall be

scheduled with the administration of the program at least one (1)

week in advance of the visit, if requested by the child care

facility.

B. 1. The State Department of Health may visit any licensee or

applicant at the request of the Department to advise on matters

affecting the health of children and to inspect the sanitation of

the buildings used for their care.

2. The State Fire Marshal may visit any licensee or applicant

at the request of the Department to advise on matters affecting the

Oklahoma Statutes - Title 10. Children

safety of children and to inspect the condition of the buildings

used for their care.

C. 1. Upon receipt of a complaint against any child care

facility alleging a violation of the provisions of the Oklahoma

Child Care Facilities Licensing Act, or any licensing standard

promulgated by the Department, the Department shall conduct a full

investigation. If upon investigation, it is determined that there

are reasonable grounds to believe that a facility is in violation of

the Oklahoma Child Care Facilities Licensing Act or of any standard

or rule promulgated pursuant thereto, the Department shall:

a.

document the complaint,

b.

provide the complaint allegations in writing to the

facility involved and, upon written request by the

child care facility, provide a summary of the facts

used to evaluate the completed complaint, and

c.

document the facility's plan for correcting any

substantiated violations.

2. If the Department determines there has been a violation and

the violation has a direct impact on the health, safety or wellbeing of one or more of the children cared for by the facility, the

Department shall notify the facility and require correction of the

violation.

3. The Department shall notify the facility that failure to

correct the confirmed violation can result in the revocation of the

license, the denial of an application for a license, the issuance of

an emergency order or the filing of an injunction pursuant to the

provisions of Section 409 of this title.

4. If the facility refuses to correct a violation or fails to

complete the plan of correction, the Department may issue an

emergency order, revoke the license, or deny the application for a

license. Nothing in this section or Section 407 of this title shall

be construed as preventing the Department from denying an

application, revoking a license, or issuing an emergency order for a

single violation of this act, or the rules of the Department as

provided in Section 404 of this title.

5. If the Department determines there has been a substantiated

finding of heinous and shocking abuse by a person responsible for a

child's health, safety or welfare, as those terms are defined in

Section 1-1-105 of Title 10A of the Oklahoma Statutes, the

Department shall notify the child care facility owner or operator

and the child care resource and referral organization in writing

immediately or not later than one (1) business day after the

substantiated finding. Upon receiving notice of a substantiated

finding, the facility owner or operator shall attempt to immediately

notify, but not later than seventy-two (72) hours after receiving

notice of the substantiated finding, parents or legal guardians of

children attending the facility by certified mail.

Oklahoma Statutes - Title 10. Children

D. Upon the completion of the investigation of a complaint

against any child care facility alleging a violation of the

provisions of the Oklahoma Child Care Facilities Licensing Act or

any licensing standard promulgated thereto by the Department, the

Department shall clearly designate its findings on the first page of

the report of the investigation. The findings shall state whether

the complaint was substantiated or unsubstantiated.

E. Information obtained by the Department or Oklahoma Child

Care Services concerning a report of a violation of a licensing

requirement, or from any licensee regarding children or their

parents or other relatives shall be deemed confidential and

privileged communications, shall be properly safeguarded, and shall

not be accessible to anyone except as herein provided, unless upon

order of a court of competent jurisdiction. Provided, however, this

provision shall not prohibit the Department from providing a summary

of allegations and findings of an investigation involving a child

care facility that does not disclose identities but that permits

parents to evaluate the facility.

F. The Department shall promulgate rules to establish and

maintain a grievance process that shall include an anonymous

complaint system for reporting and investigating complaints or

grievances about employees of the Department who retaliate against a

child care facility or facility employee.

Added by Laws 1953, p. 19, § 6. Amended by Laws 1963, c. 89, § 6,

emerg. eff. May 23, 1963; Laws 1993, c. 122, § 6, emerg. eff. April

29, 1993; Laws 1995, c. 222, § 2, eff. Nov. 1, 1995; Laws 1999, c.

130, § 2, emerg. eff. April 26, 1999; Laws 2001, c. 174, § 7, eff.

Nov. 1, 2001; Laws 2004, c. 187, § 3, eff. Nov. 1, 2004; Laws 2008,

c. 296, § 6, eff. Nov. 1, 2008; Laws 2009, c. 230, § 8, emerg. eff.

May 21, 2009; Laws 2013, c. 308, § 9, eff. Nov. 1, 2013; Laws 2018,

c. 73, § 2, eff. Nov. 1, 2018; Laws 2019, c. 368, § 1, eff. Nov. 1,

2019; Laws 2021, c. 547, § 2, eff. Nov. 1, 2021.