§ 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; 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; 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.

Legislative History

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.