State Agency Considers Rules Changes Following Boy's Death

Saturday, July 21st 2007, 2:02 pm

By: News On 6

OKLAHOMA CITY (AP) -- The Oklahoma Department of Human Services is considering new rules that would require day care owners to post summaries of DHS investigations confirming that problems like child abuse are found there. The proposal, which DHS policymakers will vote on Tuesday, is the agency's latest move since a Tulsa day care owner was charged with murdering a boy in her care.

Under the plan, a day care owner would have to post for 120 days the summary of an investigation confirming problems. The DHS summary would have to be "within clear view of the main entrance."

Currently, parents wanting to check out the safety of a day care must go to their county DHS office.

DHS has faced extensive criticism since 2-year-old Joshua Minton died on May 17, hours after day care owner Vicki Chiles allegedly taped over his mouth because he was whining at naptime. She faces a first-degree murder trial.

After the boy's death, his parents said they would have removed their children from Chiles' care if they had known DHS had investigated her and already substantiated she abused an 8-year-old boy at the day care in April. Chiles said she had spanked that boy
with a flyswatter, according to police and DHS reports.

DHS workers went to her day care May 17 to ask her to shut down, one day after she was charged in court with child abuse. They found her trying to revive Minton. DHS issued an emergency closure order May 18 and served it on her in jail.

DHS policymakers are also considering new rules on emergency closure orders. The revisions specify 10 serious hazardous situations that could justify an emergency closure of a day care.

Also, the revisions would require DHS officials to make a decision within two business days.

Gov. Brad Henry must sign off on the changes, which would take effect Oct. 1.

Under the proposals, a day care owner would be required to post any DHS waiver allowing the day care to employ a criminal.

A day care owner would also be required to have a file accessible to parents and prospective customers. The file would include the most recent DHS inspection report as well as any other inspection report within the past 120 days.

Also in the file for 120 days would be summaries of inconclusive investigations, complaints and DHS notices to comply with rules.

Summaries of inquiries confirming problems would stay in the file for a year.