340:40-9-3. Notices regarding child care eligibility
(a) Computer-generated notice required. A computer-generated notice is sent to inform the client of any:
(1) initial eligibility decision; • 1
(2) decision regarding continued eligibility if a change occurs that increases or decreases the level of subsidized child care benefits; • 2
(3) decision to terminate subsidized child care benefits; and • 2
(4) decision to reopen subsidized child care benefits. • 1
(b) Form 08MP038E, Client Notice of Action Taken, required. The worker must send Form 08MP038E when the system does not provide a notice. The worker also sends Form 08MP038E to notify the client and provider when any additional co-payment is being paid by someone other than the client directly to the provider or is being discounted by the child care provider for an employee. • 3
(c) Notice not required. A written notice is not required for information and referral services.
(d) Returned notices. When a notice of a proposed case action is returned, the worker makes at least one attempt to locate the client. • 4
(e) Advanced notice required. Advanced notice is required on case actions that decrease or terminate the level of child care benefits when such services are still needed by the client. • 5
(f) Advance notice not required. Advance notice is not required on case actions that increase the level of child care benefits or when child care benefits are no longer being used. • 6
INSTRUCTIONS TO STAFF 340:40-9-3
1.(a) The worker updates the Family Assistance/Client Services (FACS) Eligibility Notebook under the Auth. Daycare tab to computer-generate a notice to the client and the child care provider of the approval, denial, or reopen action.For instructions on coding an approval, refer to the Infonet Adult and Family Services (AFS) Job Function page/Eligibility Tools/Systems Help.For instructions on coding a denial, refer to Oklahoma Administrative Code (OAC) 340:40-3-1 Instructions to Staff (ITS) # 22(b).For instructions on coding a reopen, refer to OAC 340:40-9-2 ITS # 13(b).
(b) Providers receive one consolidated notice showing all actions taken on a specific day for all children at their facility.The system only sends a child care provider a computer-generated notice denying child care benefits when the contract number of the child care provider is known and entered in the authorization at the time the denial action is taken.If the contract number is not entered, the notice only generates to the client.
2.Refer to OAC 340:40-9-2(c) for changes that increase the level of subsidized child care benefits.Per OAC 340:40-9-2(b), the worker does not decrease the level of child care between renewal periods.The worker updates the FACS Eligibility Notebook, Auth. Daycare tab to computer-generate a notice to the client and the child care provider when changes occur.The system does not send a computer-generated notice on change actions that do not affect the benefit level or family share copayment amount.
3.(a) The worker or AFS Child Care Subsidy staff sends Form 08MP038E, Client Notice of Action Taken, when:
(1) there is a delay in decision on an initial application beyond two-business days of the worker receiving all necessary verification to determine eligibility.Form 08MP038E explains the reason for delay;
(2) the client requests the higher special needs rate and it is not approved.AFS Child Care Subsidy Section staff sends 08MP038E to the client and provider;
(3) the system fails to send a computer-generated notice and one is needed.The worker sends Form 08MP038E to the client and provider;
(4) the client's child care benefits close due to an incomplete renewal and cannot be reopened following renewal completion due to ineligibility.The worker sends Form 08MP038E to notify the client the reason benefits are not being reopened; or
(5) the in-home provider the client chose to use is not approved.AFS Child Care Subsidy staff sends Form 08MP038E to the client advising him or her to choose another caregiver.
(b) Refer to OAC 340:40-7-11(c)(5) and ITS # 15 for more information on when to send Form 08MP038E because an additional copayment is being paid.
4.The worker documents attempts to locate the client in FACS Case Notes.When the worker is unable to locate the client, child care benefits remain open until renewal.
5.(a) This time period allows the client to make plans before changes take place.Refer to OAC 340:40-9-1 for child care changes at renewal and OAC340:40-9-2(f) for closure action effective dates.
(b) The recipient has 30-calendar days to appeal the decision following receipt of the notice.The worker increases or reopens the child care benefit at the previous level when the client appeals the decision within 10-calendar days and requests the child care benefit be returned to the prior level pending the hearing outcome.Case actions that require advance notice include:
(1) non-cooperation from the client in providing verification and/or completing a scheduled interview;
(2) increasing the family share copayment;
(3) decreasing the days and hours child care is approved or closing child care benefits when there is less or no compensable need and the client continues to use child care;
(4) when the client is no longer income eligible for subsidized child care;
(5) a change in payee; and
(6) failure to complete the benefit renewal or provide required verification timely.
6.AFS staff may process non-negative action child care changes through the last day of the current month to be effective the first of the next month.Refer to OAC 340:40-9-2(f) for closure action effective dates.Case actions that do not require advance notice include:
(1) decreasing the family share copayment;
(2) increasing the days and hours child care is approved;
(3) a client requesting closure of the child care benefit, reduction in the number of days child care is approved, or a change between care authorized on a part-time, full-time, blended, or weekly basis;
(4) a client voluntarily waiving his or her right to an advanced notice in writing; and
(5) a child care provider change.