{"data":{"id":"us-ok/okla.-stat.-tit.-10-10-406","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10, § 10-406","heading":"Investigations - Notice of violation – Confidentiality –","body":"Anonymous complaint system.\n\nA. 1. Except as provided in paragraph 2 of this subsection,\n\nthe Department of Human Services shall have authority at any\n\nreasonable time to investigate and examine the conditions of any\n\nchild care facility in which a licensee or applicant hereunder\n\nreceives and maintains children, and shall have authority at any\n\ntime to require the facility to provide information pertaining to\n\nchildren in its care.\n\n2. When the Department of Human Services is reviewing the star\n\nrating of a child care program with a capacity of fifty or more, the\n\ncomprehensive visit to inspect and examine the program shall be\n\nscheduled with the administration of the program at least one (1)\n\nweek in advance of the visit, if requested by the child care\n\nfacility.\n\nB. 1. The State Department of Health may visit any licensee or\n\napplicant at the request of the Department to advise on matters\n\naffecting the health of children and to inspect the sanitation of\n\nthe buildings used for their care.\n\n2. The State Fire Marshal may visit any licensee or applicant\n\nat the request of the Department to advise on matters affecting the\n\nsafety of children and to inspect the condition of the buildings\n\nused for their care.\n\nC. 1. Upon receipt of a complaint against any child care\n\nfacility alleging a violation of the provisions of the Oklahoma\n\nChild Care Facilities Licensing Act, or any licensing standard\n\npromulgated by the Department, the Department shall conduct a full\n\ninvestigation. If upon investigation, it is determined that there\n\nare reasonable grounds to believe that a facility is in violation of\n\nthe Oklahoma Child Care Facilities Licensing Act or of any standard\n\nor rule promulgated pursuant thereto, the Department shall:\n\na. document the complaint,\n\nb. provide the complaint allegations in writing to the\n\nfacility involved and, upon written request by the\n\nchild care facility, provide a summary of the facts\n\nused to evaluate the completed complaint, and\n\nc. document the facility's plan for correcting any\n\nsubstantiated violations.\n\n2. If the Department determines there has been a violation and\n\nthe violation has a direct impact on the health, safety or well-\n\nbeing of one or more of the children cared for by the facility, the\n\nDepartment shall notify the facility and require correction of the\n\nviolation.\n\n3. The Department shall notify the facility that failure to\n\ncorrect the confirmed violation can result in the revocation of the\n\nlicense, the denial of an application for a license, the issuance of\n\nan emergency order or the filing of an injunction pursuant to the\n\nprovisions of Section 409 of this title.\n\n4. If the facility refuses to correct a violation or fails to\n\ncomplete the plan of correction, the Department may issue an\n\nemergency order, revoke the license, or deny the application for a\n\nlicense. Nothing in this section or Section 407 of this title shall\n\nbe construed as preventing the Department from denying an\n\napplication, revoking a license, or issuing an emergency order for a\n\nsingle violation of this act, or the rules of the Department as\n\nprovided in Section 404 of this title.\n\n5. If the Department determines there has been a substantiated\n\nfinding of heinous and shocking abuse by a person responsible for a\n\nchild's health, safety or welfare, as those terms are defined in\n\nSection 1-1-105 of Title 10A of the Oklahoma Statutes, the\n\nDepartment shall notify the child care facility owner or operator\n\nand the child care resource and referral organization in writing\n\nimmediately or not later than one (1) business day after the\n\nsubstantiated finding. Upon receiving notice of a substantiated\n\nfinding, the facility owner or operator shall attempt to immediately\n\nnotify, but not later than seventy-two (72) hours after receiving\n\nnotice of the substantiated finding, parents or legal guardians of\n\nchildren attending the facility by certified mail.\nation in writing\n\nimmediately or not later than one (1) business day after the\n\nsubstantiated finding. Upon receiving notice of a substantiated\n\nfinding, the facility owner or operator shall attempt to immediately\n\nnotify, but not later than seventy-two (72) hours after receiving\n\nnotice of the substantiated finding, parents or legal guardians of\n\nchildren attending the facility by certified mail.\n\nD. Upon the completion of the investigation of a complaint\n\nagainst any child care facility alleging a violation of the\n\nprovisions of the Oklahoma Child Care Facilities Licensing Act or\n\nany licensing standard promulgated thereto by the Department, the\n\nDepartment shall clearly designate its findings on the first page of\n\nthe report of the investigation. The findings shall state whether\n\nthe complaint was substantiated or unsubstantiated.\n\nE. Information obtained by the Department or Oklahoma Child\n\nCare Services concerning a report of a violation of a licensing\n\nrequirement, or from any licensee regarding children or their\n\nparents or other relatives shall be deemed confidential and\n\nprivileged communications, shall be properly safeguarded, and shall\n\nnot be accessible to anyone except as herein provided, unless upon\n\norder of a court of competent jurisdiction. Provided, however, this\n\nprovision shall not prohibit the Department from providing a summary\n\nof allegations and findings of an investigation involving a child\n\ncare facility that does not disclose identities but that permits\n\nparents to evaluate the facility.\n\nF. The Department shall promulgate rules to establish and\n\nmaintain a grievance process that shall include an anonymous\n\ncomplaint system for reporting and investigating complaints or\n\ngrievances about employees of the Department who retaliate against a\n\nchild care facility or facility employee.","path":["OK Code","Title 10"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os10.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"049adf67acfbd5c8d58666f4e24c7a4c5c406d4723266146369714685cc291a8","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10-10-405.5","next":"us-ok/okla.-stat.-tit.-10-10-406.1"},"notice":"GroundRules: Original legal text. Not legal advice."}