340:40-7-3.1. Child with disabilities
(a) Child with disabilities. A child with disabilities is defined as a child who receives Supplemental Security Income (SSI), SoonerStart early intervention services documented on an Individualized Family Service Plan (IFSP), or special education services documented on an Individualized Education Program (IEP), by the child's local school district. • 1 This definition also includes a child whose SSI payment stops because of financial reasons, but who still meets the medical definition of disability as determined by the Social Security Administration (SSA). • 2
(1) When a child with disabilities is 13 through 18 years of age, the client must provide a statement from a licensed health care professional verifying the child is physically or mentally incapable of self-care as age appropriate before care is approved and annually thereafter.
(2) When the licensed health care professional states the child is capable of self-care as age appropriate, subsidized child care benefits are not approved.
(b) Special needs rate approval process. The special needs rate, if approved, is paid in addition to the rate paid for a typical child. When a child does not meet the definition of a child with disabilities, the child is not approved for a special needs rate. A child with disabilities may be approved for a moderate or severe special needs rate unit type after the special needs rate approval process is completed. When the worker determines the child is eligible for subsidized child care benefits before the special needs rate approval process is completed, the worker approves the child for a typical child unit type. The special needs process includes steps described in (1) through (5) of this subsection.
(1) The parent or caretaker must provide proof the child meets the definition of a child with disabilities and information about the child's care needs. Proof is required prior to approval of the special needs rate and annually thereafter. • 3
(A) For a child under 3 years of age, the parent or caretaker submits the child's current IFSP. The IFSP verifies the child receives SoonerStart services and documents the child's care needs.
(B) For a child over 3 years of age, the parent or caretaker submits the child's current IEP. The IEP verifies the child receives special education services and documents the child's care needs.
(C) When the child receives SSI, the parent or caretaker submits the child's award letter or other proof from SSA that verifies SSI receipt. When the child does not receive SoonerStart or special education services, the parent or caretaker submits a statement from a health professional describing the child's care needs.
(2) The parent or guardian, child care provider, Child Care Services (CCS) licensing staff, and the Adult and Family Services (AFS) Child Care Subsidy staff completes the appropriate sections of Form 08AD006E, Certification for Special Needs Rate for Licensed Child Care Homes and Centers. • 4 Determination of special needs certification requirements are made by the:
(3) AFS Child Care Subsidy staff uses Form 08AD007E, Scoring Sheet for Special Needs Rate Determination, to score the 08AD006E. The child's care needs must be within the scoring range shown on Form 08AD007E for moderate or high need to qualify for a special needs rate. • 7
(4) When the child and the provider meet certification requirements for the special needs rate, the rate is effective the first of the month following the month AFS Child Care Subsidy staff signs Form 08AD006E. When the child does not start child care until after the special needs rate is approved, the rate is effective the first date care is approved. • 8
(5) Once the child is approved for one of the special need rates, a new Form 08AD006E is required when:
(A) the child's needs change;
(B) the child moves to a different child care facility;
(C) the child stops attending the facility that was approved for the special needs rate unit type for more than six months; or
(D) CCS licensing staff withdraws the provider's special needs certification per Oklahoma Administrative Code (OAC) 340:110-1-9.1 and the provider subsequently demonstrates compliance. • 9
(c) Supplemental Security Income-Disabled Children's Program (SSI-DCP). A child between birth to 18 years of age receiving SSI may be eligible for additional services per OAC 340:70-8-1 and enrichment child care per OAC 340:40-7-8(f).
INSTRUCTIONS TO STAFF 340:40-7-3.1
1.(a) The client provides proof the child receives services based on special needs criteria from at least one of these sources before the child is considered a child with disabilities.
(b) A child receiving Supplemental Security Income (SSI) is predetermined eligible for subsidized child care benefits with a zero family share copayment per Oklahoma Administrative Code (OAC) 340:40-7-1.
2.The client provides proof from the Social Security Administration (SSA) that the child meets the medical definition of disability and the SSI is closed because of financial reasons.
3.Child Care Subsidy staff scans verification into imaging and labels it as Special Needs Request.
4.The child care provider initiates the special needs approval process by giving Form 08AD006E, Certification for Special Needs Child Care Rate for Licensed Child Care Homes and Centers, to the client.The client, the provider, and Oklahoma Department of Human Services(DHS) staff follow instructions on Form 08AD006E to complete the process.Refer to OAC 340:40-13-2(g) for the special needs approval process with in-home providers.
5.The Adult and Family Services (AFS) Child Care Subsidy staff compares the parent or caretaker's answers on Form 08AD006E to the Individualized Education Program (IEP), Individualized Family Service Plan (IFSP), or health professional's statement describing the care needs of the child for consistency.When information is inconsistent, AFS Child Care Subsidy staff contacts the parent or caretaker and the professional who signed the document for further clarification.AFS Child Care Subsidy staff enters the information gathered in Family Assistance/Client Services (FACS) case notes and emails the AFS worker to advise of approval or denial.
6.Per OAC 340:110-1-9.1, Child Care Services (CCS) licensing staff monitors the facility's ability to meet the child's needs each time a visit is made to the facility.
7.Before scoring Form 08AD006E, AFS Child Care Subsidy staff ensures inconsistencies on the form have been resolved or the parent or caretaker's answers have been adjusted.
(1) When certification requirements for the special needs rate are met, AFS Child Care staff sends a copy of Form 08AD006E to the parent or caretaker, the provider, the AFS worker, and CCS licensing staff for their records.
(2) When certification requirements for the special needs rate are not met, AFS Child Care staff sends Form 08MP038E, Client Notice of Action Taken, to the client and provider.When the parent or caretaker still wants to use the facility, the child continues to receive the applicable daily, blended, or weekly unit type for the child's age.
(3) AFS Child Care Subsidy staff scans Form 08AD006E, Form 08AD007E, Scoring Sheet for Special Needs Rate Determination, and Form 08MP038E, when applicable, into imaging and attaches it to the packet labeled "Special Needs Request."
8.(a) When a child care provider refuses to care for the child until the higher special needs rate is approved, the worker informs the provider it is an Americans with Disabilities Act (ADA) violation.When the provider continues to refuse, the worker files a complaint with the United States Department of Justice, Civil Rights Division by following hyperlinked instructions at http://www.ada.gov/filing_complaint.htm.
(b) When the child starts child care before the special needs rate is approved, the AFS worker or child welfare specialist initially authorizes care using a standard unit type for the child.
(c) When the higher rate is approved, AFS Child Care Subsidy staff changes the coding on the authorization for AFS cases and enters documentation in FACS case notes.For Child Welfare Services (CWS) cases, Child Care Subsidy staff contacts the KIDS Help Desk and requests the higher rate be applied.
9.Once the CCS licensing specialist advises AFS Child Care Subsidy staff the provider failed to meet requirements or no longer meets the child's needs, AFS Child Care Subsidy staff changes the coding to the standard unit type on the authorization for AFS cases and enters documentation in FACS case notes.AFS Child Care Subsidy staff notifies the KIDS Help Desk to change the authorization for a CWS case.