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Library: Policy

340:40-7-8. Defining the need factor for child care benefits

Revised 10-1-17

(a) Employment.Employment means the parent or caretaker earns wages for work performed or meets criteria per (5) or (6) of this subsection.  • 1

(1) The client must provide proof of his or her work hours.When the client has the flexibility to set his or her own work hours, the client and worker jointly determine if the client can reduce the number of hours the child needs care by rearranging the client's work schedule.This is especially important in two-parent or two-caretaker families.  2

(2) The worker limits approval of child care to the number of days and hours the client is working plus reasonable travel time.In two-parent or two-caretaker working families, the worker limits approval to the days and hours they work the same hours plus reasonable travel time. 3

(3) The client must make at least minimum wage for the number of hours he or she works to meet the employment need factor unless the client qualifies for an exception per (D) or (E) of this paragraph.Criteria for determining minimum wage is specified in (A) through (C) of this paragraph.

(A) Minimum wage is determined by the federal government.

(B) The worker reviews the pay information provided by the client to determine whether the client makes at least minimum wage.

(i) When the paycheck or employer statement shows the hourly pay rate, the worker compares it to the federal minimum wage.

(ii) When the pay information provided does not show the client's hourly pay rate, the worker divides the number of hours the client works by the gross pay per pay period to determine the client's hourly pay rate.

(iii) When the client is considered self-employed per Oklahoma Administrative Code (OAC) 340:40-7-11(b)(2)(A), the worker divides the number of hours the client works by the net pay, after applicable business expenses, to determine the client's hourly pay rate.When the client and spouse are self-employed in the same business, the worker combines their work hours and divides the work hours by the net pay to determine their hourly pay rate.

(C) When the client works for an employer paying a set wage less than minimum wage, and the employer refuses to begin paying at least minimum wage, the worker denies child care benefits or, when at renewal, does not approve further care.  • 4

(D) When the client is self-employed or works for an employer paying wages based on commission or other performance measures instead of a set wage, has received earnings and does not make at least minimum wage, and the client has been performing this work:

(i) less than one year, the worker counsels with the client to develop a plan to increase his or her income to at least minimum wage before the renewal is due.   • 5When the client is not making at least minimum wage at renewal, further care is not approved.  6

(ii) at least one year without any substantial change, the worker denies the child care subsidy benefit.  7

(E) When the client is an adoptive parent who meets criteria per OAC 340:40-7-12(6) or a caretaker not legally and financially responsible for the child per OAC 340:40-7-6(a)(6), he or she is not required to make at least minimum wage for the number of hours worked.

(4) A client employed and working from his or her own home may be approved for subsidized child care benefits in an out-of-home child care home or center when he or she is unable to work while the child is in the home.When the person has flexible work hours and can work while the child is in school, care is not approved.When the person operates a licensed child care home, care is only approved in another licensed child care home or center when the client's own child places him or her over maximum licensed capacity;   • 8

(5) Subsidized child care benefits may be approved for sleep time during the day when a parent or caretaker works night hours and a feasible alternative is used at no cost to the Oklahoma Department of Human Services (DHS) during the night working hours.Night working hours are defined as the hours between 11:00 p.m. and 7:00 a.m. 9

(A) The maximum amount of time the worker approves child care allows the client eight hours of sleep plus travel time to and from the child care provider.

(B) In two-parent or two-caretaker families care may only be approved for this reason when both parents have night time jobs or when one parent has a night time job and the other parent or caretaker works during the day while the other parent is sleeping.

(b) Training.A training program is defined as a course of study that when completed, qualifies a person to meet requirements for a job the client could not obtain without the certificate of completion, accreditation, or licensure.  10  Child care may be approved for one parent or caretaker to attend a training program.In two-parent or two-caretaker families, the other parent or caretaker must work during the same hours.

(1) The training program must qualify to receive federal financial aid from the United States Department of Education (USDE) or other federal or state education funds.   • 11

(2) Prior to initial approval for child care and at renewal, the client must provide proof of enrollment, the days and hours the client will be attending, and when he or she is expected to complete the program. 12

(3) The program must require classroom attendance on a school campus with an instructor present.Care is only approved for an online Internet based course or televised course when it is a live broadcast conducted by an instructor and attendance is required while the program is being broadcast.When the program is self-paced and the client may choose his or her own school hours, care is not approved.  13

(4) The client must provide proof of progress at renewal.When the client is not making satisfactory progress, the worker does not approve further child care for this reason. 14

(5) Once the client completes a training program, further child care is not approved for training or education.The client is expected to look for jobs that require his or her training credentials.

(6) In certain circumstances, the worker may approve child care benefits for a client to attend a second training program.The client must have been employed in a job requiring the training credentials he or she has for at least 12 months.  15 Possible circumstances include when:

(A) the client can no longer perform the job he or she is trained to do because of physical or mental health reasons.In this instance, the client must provide a statement from a doctor, mental health professional, or a vocational rehabilitation professional verifying the reason.The professional must also state that the client is capable of performing the job tasks after completion of the training program;

(B) there is no longer a demand for the type of work the client is trained to do.The client must provide a statement from a professional working with the client to obtain employment stating there is no demand.The professional must be employed by the Workforce Oklahoma Center, a Workforce Innovation and Opportunity Act (WIOA) contracted entity, the Oklahoma Employment Security Commission (OESC), or the Oklahoma Department of Rehabilitation Services (DRS); or

(C) the client can establish receipt of the additional training will increase his or her earning potential.The client must provide proof the starting salary with the training credentials the client wants to obtain is higher than he or she is currently earning.

(c) Education program.An education program may include:

(1) High school.Child care may be approved for one or both parents or caretakers to attend high school.It is not approved for a parent or caretaker to receive homebound instruction.Prior to approval the client must provide proof that he or she is enrolled, the days and hours he or she attends, and when he or she is expected to graduate.

(2) High school equivalency, literacy, or adult basic education (ABE) classes.The program must require classroom attendance with an instructor present.Child care may be approved for one parent or caretaker to attend high school equivalency, literacy, or ABE classes.However, in two-parent or two-caretaker families, the other parent or caretaker must be employed during the same hours.

(A) The client must provide proof of enrollment, the days and hours the client is attending, and the end date of the class prior to care approval.When the class has open enrollment and no established end date, the client must provide proof of progress and how it is measured.

(B) The worker reviews the client's progress at renewal prior to approving further child care for this reason.  16 At renewal, the client must provide a statement from the school that includes:

(i) whether the client attends regularly;

(ii) whether the client is making satisfactory progress;

(iii) an estimated end date to complete the program; and

(iv) the days and hours the client currently attends classes.

(C) When the client is not attending regularly or making satisfactory progress, further child care for this reason is not approved at renewal.

(3) English as a Second Language (ESL) classes.The program must require classroom attendance with an instructor present.Child care may be approved for one parent or caretaker to attend ESL classes when the client lacks proficiency in understanding, speaking, reading, or writing the English language.In two-parent or two-caretaker families, the other parent or caretaker must be employed during the same hours.

(A) The client must provide proof of enrollment, the days and hours the client attends, and the end date of the class prior to care being approved.When the class has open enrollment and no established end date, the client must provide proof of how often progress is measured.

(B) The worker reviews the client's progress at renewal prior to approval for further care for this reason.  16 At renewal, the client must provide a statement from the school that includes:

(i) whether the client attends regularly;

(ii) whether the client is making satisfactory progress;

(iii) an estimated length of time needed to complete the program; and

(iv) the days and hours the client currently attends.

(C) When the client is not attending regularly or making satisfactory progress at renewal, the worker does not approve further child care for this reason.

(4) Formal education program.A formal education program is defined as a course of study leading to the attainment of an associate or bachelor's degree.Child care may be approved for one parent or caretaker to attend a formal education program and participate in activities required to maintain a scholarship.Only required scholarship activities for scholarships disbursed through the school's financial aid office qualify for child care.In two-parent or two-caretaker families, the other parent or caretaker must work during the same hours.

(A) The formal education program must qualify to receive federal financial aid from USDE or other federal or state education funds.  11

(B) Prior to initial approval for child care and at renewal, the client must provide:

(i) proof of enrollment;

(ii) the days and hours the client attends school or participates in activities required to maintain a scholarship; and

(iii) when the client expects to complete the degree. 12

(C) The degree program must require classroom attendance on the school campus with an instructor present.Care is only approved for an online Internet based course or a televised course when it is a live broadcast conducted by an instructor and attendance is required while the program is being broadcast.When the program is self-paced and may be completed whenever the client chooses, care is not approved.  13

(D) The worker must request proof of progress at renewal when the class schedule does not show the client is progressing from freshman level classes to sophomore, junior, and senior level classes.When the client is not making satisfactory progress at renewal, the worker does not approve further child care for this reason. 14

(E) Once the client completes a bachelor's degree, further care is not approved for training or education.The client is expected to look for jobs that require a degree.

(F) In certain circumstances, the worker may approve subsidized child care benefits for a client to obtain a different bachelor's degree.The client must first have been employed in a job that required the degree he or she already has for at least 12 months. 15  Possible circumstances include when:

(i) the client can no longer perform the job he or she is trained to do because of physical or mental health reasons.In this instance, the client must provide a statement from a doctor, mental health professional, or a vocational rehabilitation professional that verifies the reason.The professional must also state that the client is capable of performing the job tasks of the degree program in which the client wants to enroll;

(ii) there is no longer a demand for the type of work the person is trained to do.The client must provide a statement from a professional working with the client to obtain employment stating there is no demand.The professional must be employed by the Workforce Oklahoma Center, a WIOA contracted entity, OESC, or DRS; or

(iii) the client can establish receipt of the second degree may increase the person's earning potential.The client must provide proof the starting salary for a person with the degree the client wants to obtain is higher than he or she is currently earning.

(d) Supplemental Nutrition Assistance Program (SNAP) Education and Training (E&T) related child care.Subsidized child care benefits may be provided for SNAP E&T program-related assigned activities. 17

(1) Prior to approval, the SNAP E&T coordinator confirms with the contracted service provider the:

(A) activity is part of SNAP E&T;

(B) assigned start date; and

(C) scheduled days and hours of the activity.

(2) When a parent or caretaker stops participating in SNAP E&T activities for reasons other than employment, child care is continued for an additional 90-calendar days from the date the client stops participating as long as the client continues to use at the same child care provider.When the client wishes to change child care providers during the 90-calendar day period, care by a different provider is not approved.  • 18

(e) Temporary Assistance for Needy Families (TANF) related child care.

(1) TANF related subsidized child care benefits may be provided for:

(A) any TANF Work activity outlined on the client's Form 08TW002E, TANF Work/Personal Responsibility Agreement, per OAC 340:10-2-1 including when the person is sanctioned per OAC 340:10-2-2 and participating in TANF Work activities;  • 19

(B) substance abuse treatment when the parent of a child receiving TANF is ineligible for TANF due to the illegal use of a controlled substance or substances per OAC 340:10-4-1. • 20  Prior to approval, the parent must provide proof of the substance abuse treatment plan from the treatment provider; or

(C) a child receiving a child only TANF benefit when the parent or caretaker relative meets a need factor included in this Section.  • 21

(2) When the parent or caretaker relative receiving TANF related subsidized child care stops meeting a need factor, the worker continues subsidized child care benefits for 90-calendar days at the same child care provider.When the client wishes to change child care providers during the 90-calendar day period, care by a different provider is not approved.   • 22

(f) Protective or preventive child care. Subsidized protective or preventive child care benefits may be used as an early intervention strategy in certain critical situations to help prevent neglect, abuse, or exploitation of a child.The worker may approve child care in these situations to help stabilize the family or enhance family functioning.In most instances, Child Welfare Services (CWS) staff completes protective or preventive child care requests when they are working with the family and recommending protective or preventive child care.Subsidized protective or preventive child care benefits are approved on a temporary basis.The worker helps the family develop a plan to reduce or eliminate the need for such child care beginning with the initial contact.

(1) Reasons protective or preventive child care may be approved include, but are not limited to, when:

(A) an outside agency contracting with CWS to provide Comprehensive Home-Based Services (CHBS) for a non-court involved family recommends child care be provided on a temporary basis;   • 23

(B) the parent or caretaker requests child care because of a medical condition that prevents the parent or caretaker from properly caring for the child;

(C) a homeless family requests child care while working to stabilize the family.  • 24Homeless means the family lacks a fixed, regular, and adequate night time residence, and includes families who:

(i) temporarily share housing with other persons due to loss of housing, economic hardship, or a similar reason;  • 25

(ii) temporarily live in motels, hotels, trailer parks, or camping grounds due to the lack of alternative accommodations;   • 26

(iii) live in emergency or transitional shelters; or

(iv) live in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings not designed for or ordinarily used, as a regular sleeping accommodation for human beings; or

(D) a family affected by a natural disaster requests child care to deal with the effects of the natural disaster, such as damage or loss of the home following a fire, flood, or tornado. • 27

(2) The worker may approve subsidized protective or preventive child care benefits for a maximum of 30-calendar days.  • 28

(3) When the family requests more than 30-calendar days of subsidized protective or preventive child care benefits, the worker must obtain approval from Adult and Family Services Child Care Subsidy staff before authorizing more care.   • 29 Prior to requesting an extension, the client must provide a written recommendation from a professional working with the family stating: • 30

(A) the names and ages of the children for whom child care is recommended;

(B) the reason child care is recommended;

(C) the days and hours child care is needed;

(D) how placing the child in a child care facility helps to prevent neglect, abuse, or exploitation of the child; and

(E) the length of time the professional expects care to be needed.

(4) When the family receives CHBS services, the family is not responsible for paying a copayment.In other protective or preventive situations, the family may or may not be expected to help pay the cost of the subsidized child care benefits depending on the unique circumstances of the family.  • 31

(5) In certain circumstances, families who are financially ineligible for subsidized child care benefits may be approved for protective or preventive child care benefits when the child is in danger of neglect, abuse, or exploitation.The client must provide evidence the family is so burdened by debt the additional financial pressure of paying for child care may result in further deterioration of family stability and functioning.The client must also provide a plan for reducing his or her debt.  • 32

(g) Enrichment.The purpose of subsidized enrichment child care benefits is to assist a child receiving Supplemental Security Income (SSI) to develop socialization skills and transition into a group setting, such as a classroom.When a child is not receiving SSI benefits, the child is not approved for subsidized enrichment child care benefits.

(1) The need for subsidized enrichment child care benefits is based solely on the needs of the child's condition of delay or disability instead of the activities of the parent or caretaker. • 33

(2) Enrichment child care is limited to a maximum of two days per week not to exceed 10 full-time or part-time days per month.

(3) The parent or caretaker must provide a written recommendation from a professional working directly with the child that states how child care would be beneficial to the child.The professional could be the child's doctor, occupational therapist, physical therapist, or special education teacher.

(4) Enrichment child care is only approved for a child who has not started school or Head Start unless, due to the child's disabilities, the child receives instruction from a teacher in his or her home.  • 34

(5) When subsidized enrichment child care benefits are approved, care must be provided outside of the child's home and at least one other child must attend during the same hours.

(6) The worker obtains approval from staff in AFS Child Care Subsidy prior to authorizing care for this need factor.  • 35

INSTRUCTIONS TO STAFF 340:40-7-8

Revised 3-1-19                

1. (a) Some clients work at jobs where they are paid at least minimum wage, but the Oklahoma Department of Human Services (DHS) does not count the income because the income comes from exempt sources per Oklahoma Administrative Code (OAC) 340:40-7-12. The client meets the employment need factor even though the income is not counted.

(b) Bartering for services in exchange for work performed does not meet the definition of employment. Examples of bartering include working in exchange for payment of rent, utilities, or a car payment.

(c) Gambling does not meet the definition of self-employment.

2. (a) When the parent or caretaker is employed, the worker accepts the client's declaration of work hours as proof, when pay stubs or other pay information supports the declaration. For example, when the client provides pay stubs or other pay information indicating he or she works 30 to 40 hours a week and the client states his or her schedule is Monday through Friday 8:00 am to 5:00 pm, the declaration is accepted. The worker documents the declaration of work schedule in the Family Assistance/Client Services (FACS) Case Notes.

(b) When the client is an adoptive parent who meets criteria, per OAC 340:40-7-12(6) or a caretaker not legally and financially responsible for the child, the client must provide his or her work schedule or the worker must verify the work schedule with the employer. Pay information is not required. When the adoptive parent or caretaker chooses to provide pay stubs, the worker accepts the client's declaration of work hours as described in (a) of this Instruction. The worker documents the work schedule and how it was verified in FACS case notes.

(c) When part of the client's work duties involves staying overnight away from home or working split shifts, the worker uses his or her judgment to determine the unit number and unit type to approve.

(d) When the client starts working, the worker approves the maximum amount of care the client may need. For instance, an employer statement may say the client works three to five days per week. The worker initially approves five days per week of care. The worker reevaluates the amount of care approved when actual pay is requested at renewal, per OAC 340:40-9-1. Care may be reduced or increased depending on how many days and hours the client actually worked during that period.

(e) When the client has been employed for at least 30-calendar days, the worker evaluates the actual number of days and hours the client worked to determine the number of units and unit type to approve, unless there is reason to expect the work schedule to change. The worker documents in the Child Care tab and FACS Case Notes how he or she determined the number of units and unit type approved.

(f) Clients who have the flexibility to set their own work hours are most often self-employed. When the client is self-employed, the worker may accept his or her statement regarding work hours when it appears reasonable and meets the minimum wage requirement, per OAC 340:40-7-8(a)(3). When the children attend school or Head Start, in most instances, it is reasonable to expect the client to work during those hours. When it is not reasonable, the worker clearly documents why in FACS Case Notes. When child care is requested in two-parent or two-caretaker families for self-employment, the worker determines whether self-employment work hours could be adjusted to reduce or eliminate the need for child care. For instance, could each parent or caretaker work a different schedule?

3. Exception to (a)(2) of this Section: The worker approves a weekly unit type for children attending an Early Head Start-Child Care Partnership (EHS-CCP) grant program or an Oklahoma Early Childhood Program (OECP) regardless of the parent or caretaker's schedule, provided a need factor is met for some of the EHS-CCP grant program or OECP care hours. For example, the parent or caretaker may work part-time, but the authorization is coded with a weekly unit type. When another child not attending an EHS-CCP grant program or an OECP is included in the household and receives child care, the child is only approved for the days and hours the parent or caretaker meets the need factor, including travel time. Refer to Quest article "Early Head Start – CCP Grant Facilities" for a list of EHS-CCP grant programs.

4. (a) The worker refers the client to the Oklahoma Department of Labor (ODOL) to file a complaint when the employer is not paying minimum wage.

5. (a) Counseling may include:

(1) helping the client determine if this is the best field of employment for him or her;

(2) referring the client to the Oklahoma Employment Security Commission (OESC) for help in locating other employment;

(3) helping the client develop an action plan to increase earnings;

(4) referring the client to a local resource that helps with small business planning. Most technology centers offer this type of service; or

(5) referring the client to ODOL to file a complaint, when his or her employer is not paying minimum wage.

(b) The worker and client decide jointly what plan to implement to increase the client's income, by what date the plan may be accomplished or progress made, and when to reevaluate the plan.

(c) The worker documents the approved child care plan hours, what plan the client agreed to follow to increase income, and why any subsequent changes are made to the child care plan in FACS Case Notes.

6. The worker consults with his or her supervisor before closing or denying benefits and documents the discussion in FACS Case Notes.

7. When substantial changes occur, such as illness, a change in business location, or unforeseen circumstances, the worker sends an email to daycare@okdhs.org for guidance before taking action.

8. (a) When the client works from home, the worker determines how flexible the client's work hours are and if other options are available instead of subsidized child care benefits. The worker documents all details of the client's situation and what decision was made in FACS Case Notes.

(b) Licensed capacity for a family child care home is seven or fewer children and for a licensed large family child care home is eight to 12 children.

(1) The provider's children, younger than 5 years of age, count toward licensed capacity regardless of whether the licensed child care home is the primary residence or located elsewhere.

(2) When the licensed child care home is not the primary residence, the provider's children, younger than 13 years of age, present in the child care home count toward licensed capacity.

(3) The worker consults with Child Care Services (CCS) licensing staff to establish if a client, who is a child care provider, will be over capacity when his or her child remains in the child care home and documents the discussion in FACS Case Notes. Refer to OAC 340:110-3-84 and 340:110-3-97.1 for licensing guidelines.

9. (a) Sleep time child care is approved for working families only. Care is not approved for two-parent or two-caretaker families when one parent goes to school during the day.

(b) The goal of the policy is to allow a parent or caretaker to get seven-to-eight hours of sleep. The maximum care is not approved when the client has the opportunity to sleep while the child is sleeping. For example, when a parent or caretaker's work schedule is from 10:00 pm to 4:00 am, eight hours of care is not approved since the parent or caretaker may sleep for three-to-four hours before the child wakes up. Sleep time begins when the parent or caretaker arrives home from work.

10. (a) When the client receives Temporary Assistance for Needy Families (TANF) and the training is approved as a TANF Work activity, child care may be approved, per OAC 340:10-2-1.

(b) Examples of questionable programs could be programs for nurses' aides, data entry clerks, or cashiers. When the worker questions if a particular training program will make a person more employable, he or she may:

(1) check with employers in the area that employ people with this skill to determine if they require a certificate, accreditation, or license. When they do not require one, but would pay more when the person has credentials, the worker approves child care for the training;

(2) contact a Work Innovation and Opportunity Act (WIOA) counselor or an OESC employee to determine when a person is required to meet general training requirements prior to becoming employed in the field; or

(3) require the client to provide documentation showing how the training program may help the client become more employable.

(c) On-the-job training and apprenticeship programs pay participants at least minimum wage for their work or training hours so care for this reason may be approved under the employment need factor.

11. When the client does not receive financial aid and the worker does not know if the school is eligible to disburse federal or state educational funds, the worker calls the school for confirmation.

12. (a) The worker verifies the days and hours the client attends school by obtaining a copy of the client's training or class schedule, documentation from the school showing the client's schedule, or by calling and verifying the schedule with school officials. Child care is limited to actual classroom attendance, including travel time.

(b) Child care may also be approved for activities outside the classroom required to pass the course, such as internship and practicum placements, volunteer hours required to pass a specific class, or other required activities.

(c) Child care may be approved for activities outside of the classroom required to maintain a scholarship, such as athletic practice sessions, participation at sporting events, band practice, volunteer activities, or other required activities. The worker verifies the scholarship by obtaining a:

(1) copy of the report from the registrar showing the scholarship disbursement and hours enrolled or documentation from the school's financial aid office showing proof of the scholarship; and

(2) letter from the scholarship grantor explaining the activities, including days and times for participation required to maintain the scholarship.

(d) When the client is required to attend a lab in order to pass a specific class, an instructor must be present during the lab or child care is not approved for those hours. Hours spent by a student in a computer lab on an as needed basis to complete homework assignments are not approved even when a school official is present to help with technical difficulties regarding the equipment.

(e) When there are gaps in class times, the worker may approve child care beginning with the first class of the day through the last class of the day. Additional study time is never approved unless it is an approved TANF Work activity. Refer to OAC 340:40-7-8(e), when the client receives TANF.

(f) When the client stops attending school during the eligibility period, care must be continued until renewal.

(g) When a renewal is due between semesters or during school breaks, care must be continued as long as the client remains eligible and returns to classes following the break. Verification of continued enrollment is required.

13. Child care may only be approved for televised courses when the client views the training during the live broadcast because class participation is required. When the client views the video of the broadcast whenever it is convenient, care is not approved for those hours.

14. When still attending school at renewal and progress is questionable, the client provides a current class schedule and a statement from the school verifying that he or she is making satisfactory progress.

15. The intent of the work requirement is for the client to gain work experience and to make use of the training he or she has received. When special circumstances exist that make the requirement unreasonable, the worker may send an email to Adult and Family Services (AFS) Child Care Subsidy staff at daycare@okdhs.org requesting special approval. When the request is granted, the worker documents the special circumstances in FACS Case Notes.

16. The goal is for the client to complete the program as quickly as possible.

17. When the client begins participating in Supplemental Nutrition Assistance Program (SNAP) Employment and Training (E&T) program activities, the SNAP E&T program coordinator authorizes the child care.

18.(a) The worker closes the Child Care tab in FACS (E-section) using the appropriate reason code. The effective date of the closure is 90-calendar days from the date the client stops participating in SNAP E&T.

(b) When the client obtains employment and the child care renewal is due, the worker:

(1) completes a child care renewal, per OAC 340:40-9-1; and

(2) changes the number of units and unit type and assesses a family share copayment, when owed, effective the next deadline date per Appendix B-2, Deadlines for Case Actions and documents changes in FACS case notes.

(c) When the client obtains employment and the child care renewal is not due, the worker calculates income, per OAC 340:40-7-10 and OAC 340:40-7-13, to determine if the client remains income eligible, per DHS Appendix C-4. When the client remains income eligible, the worker increases the number of units and unit type, when needed, and makes the income change. The worker does not decrease the number of units and unit type or increase the family share copayment until the renewal is due, per OAC 340:40-9-2(b).

19. Child care is limited to the days and hours needed to complete the TANF Work activity plus travel time.

20. (a)To approve child care, the worker uses reason code 5, "TANF – substance abuse treatment" in the Auth. Daycare tab.

(b) Refer to OAC 340:40-7-6(c) for rules regarding periods of absence from the home when the parent attends in-patient substance abuse treatment.

21. When a parent or caretaker relative receives a child only TANF benefit, he or she must meet a non-TANF Work need factor. Reasons a parent may not be included in a TANF benefit include, when the parent:

(1) is ineligible for TANF due to the illegal use of a controlled substance or substances;

(2) is an ineligible alien; or

(3) receives Supplemental Security Income and/or a State Supplemental Payment.

22. To continue the child care for 90-calendar days, the worker closes the Child Care tab in FACS (E-section) using the appropriate reason code. The effective date of the closure is 90-calendar days from the date the client stops participating in TANF Work activities or a non-TANF Work need factor.

23.(a) When the Child Welfare Services (CWS) specialist considers the family at risk for child abuse or neglect, but the family is not court involved, the CWS specialist contracts for Comprehensive Home-Based Services (CHBS) with Oklahoma Children's Services (OCS). When CWS is not maintaining an open CWS case, the AFS worker completes the application for subsidized protective or preventive child care benefits. The CHBS case manager assists the family in applying for subsidized child care benefits. When approved, families receiving CHBS services are approved with a zero family share copayment. To verify the need for child care, the CHBS case manager provides a written statement to the AFS worker indicating:

(1) the names and ages of the children for whom child care is needed;

(2) why child care is needed and how it may eliminate or reduce the risk to the children;

(3) what days and hours child care is needed; and

(4) how long child care is expected to be needed.

(b) The worker scans the statement provided by the CHBS case manager into imaging. When more than 30-calendar days of care are needed, the AFS worker sends an email requesting approval to the AFS Child Care Subsidy staff.

(c) In the FACS Eligibility Notebook under the Auth. Daycare tab, enter reason, "prevention of or protection from abuse, neglect, or exploitation," on the authorization.

24. (a) Protective or preventive child care allows homeless families to stabilize their living arrangements.

(b) The worker may approve a homeless family for a weekly or blended unit type for the initial 30-calendar days.

25. (a) Temporarily means the family applying for child care has not shared housing with another household for more than 90-calendar days prior to the application date.

(b) Voluntarily sharing housing with another household for the purpose of reducing expenses does not meet the definition of homeless.

26. (a) Temporarily means the family applying for child care has not lived in a hotel, motel, or camping ground for more than 90-calendar days prior to the application date.

(b) Permanent residence in a mobile home park does not meet the definition of homeless.

27. (a) Protective or preventive child care allows families affected by disasters to stabilize their living arrangements.

(b) The worker may approve a family affected by a disaster meeting the protective or preventive need factor for a weekly or blended rate for the initial 30-calendar days.

(c) When an extension for protective or preventive child care is needed due to a disaster, the client must provide verification from an agency working with the family that their home was affected by a disaster and the worker must request an extension from AFS Child Care Subsidy staff as outlined in (f)(3) of this Section.

28.(a) For initial applications, a full eligibility determination must be made, including an interview. The interview may be completed over the phone. The client's declaration of need is accepted for the initial 30-calendar days of protective or preventive care.

(b) When the worker approves the initial 30-calendar days of protective or preventive child care benefits, an end date is entered on the authorization to ensure further child care is not authorized without AFS Child Care Subsidy staff approval.

29. (a) When an extension for protective or preventive child care is needed, the worker scans into imaging verification supporting the need for child care and labels the verification as protective/preventive request. The worker sends an email to the AFS Child Care Subsidy staff to request the extension and informs staff the verification is in imaging. For most protective or preventive extension requests, the email must include:

(1) the names and ages of all children for whom child care is needed;

(2) an explanation of the reason child care is needed, the circumstances leading to the conclusion the child is at risk of neglect, abuse, or exploitation, and how child care may eliminate or substantially reduce risk to the child;

(3) an explanation of whether a CWS referral was made, and if not, the reason, as well as any coordination efforts between AFS staff, CWS staff, and any other community partners;

(4) the days and hours child care is requested for each child;

(5) an explanation of the support system available to the family;

(6) an explanation of the plan discussed at the initial interview to reduce or eliminate the need for care including an exploration of any free alternative to child care. Examples include the availability of other family members, Head Start, and pre-kindergarten programs;

(7) the length of time child care is needed;

(8) an explanation when the worker requests the family share copayment be reduced or completely waived because of family expenses. The worker also includes an explanation of the plan to decrease the debt; and

(9) the worker's opinion about the need for child care.

(b) AFS Child Care Subsidy staff approves protective or preventive requests for no more than 12 months at a time. When the worker requests another extension at renewal, the worker sends a new email that includes more detail showing what efforts were made to reduce or eliminate the need for protective or preventive child care.

(c) In the FACS Eligibility Notebook under the Auth. Daycare tab enter reason, "prevention of or protection from abuse, neglect, or exploitation," on the authorization.

30. The professional is required to be someone currently working with the family in a professional capacity to improve the family's stability or functioning. Examples include a doctor, counselor, therapist, CWS specialist, SoonerStart worker, or CHBS case manager.

31. (a) The worker documents in the email why he or she is requesting a family's normal family share copayment be reduced or eliminated and how the family plans to increase its responsibility toward paying the family share copayment in the future.

(b) Families for whom protective or preventive child care is requested by a CHBS case manager are approved with a zero copayment.

(c) When the family is receiving other AFS benefits and income is considered for those other benefits, the worker diverts the income in the Child Care tab of FACS, "total diverted income" field E47.

32. The worker may help the client develop a budget that decreases the debt or refer the client to Consumer Credit Counseling or another local resource for help. This plan is included in the email.

33. Enrichment child care is not approved when the parent or caretaker meets another need factor.

34. The client provides documentation from the school verifying the child is unable to attend class. The worker enters what documentation was provided in case notes.

35. (a) The worker scans into imaging the written documentation provided by the client from a professional who is working directly with the child and sends the email to the AFS Child Care Subsidy staff for approval. The email includes:

(1) why enrichment child care is recommended for the child;

(2) if the child has another way to become socialized, such as participation in a play group with other children, special education services through the local school system, Early Head Start, or Head Start; and

(3) the name of the child care facility the child plans to attend.

(b) AFS Child Care Subsidy staff reviews the email and documentation and emails the worker to approve or deny care. When approved, care is authorized for no more than six months at a time.

(c) The worker enters the approval or denial in the FACS Eligibility Notebook, Auth. Daycare tab. The worker enters as the reason "enrichment, supervision, training, or to avoid institutionalization."

(d) For information about the approval process for the higher special needs rate unit type, refer to OAC 340:40-7-3.1.

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