Library: Policy

340:110-3-82. Necessity and issuance of license

Revised 11-1-13

(a) License required. No child care program may be legally operated or maintained in the State of Oklahoma after June 20, 1964, unless licensed by the Oklahoma Department of Human Services (DHS).

(b) Application for license. Application for license is made on DHS provided forms and in the manner prescribed.

(c) License issued. In order to provide care for children in a child care program, a license is obtained from DHS that is issued on the basis of meeting minimum requirements essential for the health, safety, and well-being of the children in care.

(1) Children are not accepted into care until DHS permission is obtained.

(2) The license granted applies to the ownership and location specified at the time the license is issued. When ownership or location changes, DHS is notified.

(3) The license is not transferable.

(4) Per Section 401 et seq. of Title 10 of the Oklahoma Statutes (10 O.S. § 401 et seq.), Oklahoma Child Care Facilities Licensing Act (Licensing Act), persons identified as registrants on the Restricted Registry are prohibited from:

(A) licensure as a child care program;

(B) ownership of a child care program;

(D) having unsupervised access to children; and/or

(E) residing in a child care facility.

(d) Application denied or license revoked. DHS may deny an application or revoke a license if the applicant or licensee violates any provision of the Licensing Act.

(1) No application is denied or license revoked unless the licensee is given a 30 day notice in writing of the grounds for the proposed denial or revocation.

(2) If the denial or revocation is protested within 30 days of receipt of the written notice, a hearing is conducted.

(3) When DHS denies an application or revokes a license, the owner, business entity, or responsible entity cannot make application for a new child care program license within Oklahoma for five years following notification to the owner, business entity, or responsible entity of the application denial or license revocation; and during the appeal process.