340:75-6-91. Child care services for parents with a child in Oklahoma Department of Human Services (DHS) custody
(a) Preventive child care services.Preventive child care services enable the child to be in a protective environment a specified number of hours per day and days per week as determined by Child Welfare Services (CWS).
(1) Preventive child care services may be provided to the family with an active CWS case when the:
(A) child is determined unsafe due to the existence of present or impending danger; and
(B) family is in the process of reunification in an active permanency planning case.
(2) The family is not required to establish financial eligibility as preventive child care can be provided for income eligible or non-income eligible families.• 1
(b) Child care services for employment, education, and training purposes.
(1) Parents with a child in DHS custody who need child care for education, training, or employment purposes are required to meet the eligibility requirements in Oklahoma Administrative Code (OAC) 340:40-7.
(2) Parents with a child in DHS custody apply for trial reunification child care services through DHS Adult and Family Services, as a co-payment may be required.
(3) Resource parents requesting child care are required to meet the eligibility requirements in OAC 340:75-7-65.
(c) Child care program options.
(1) The parent may choose a family child care home regardless of star level.
(2) Child care subsidy benefits are not paid by DHS when the:
(A) child care program does not have a valid contract with DHS;
(B) parent, his or her spouse, or child's parent or stepparent, has an ownership interest;
(C) parent works in the child care home during the same hours the child attends child care;
(D) parent chooses more than one child care program to provide service to a child on the same day;
(E) program does not allow parental access during the hours the program cares for children;
(F) program is receiving state or federal funds, such as Head Start or public schools, and is not charging all parents for the hours the subsidy payment is requested.Early Head Start programs are exempt from this rule; or • 2
(G) program caring for a school-age child during the regular school day when the student could be attending a public or private school during those hours; or • 3
(H) program is one star, unless there are no programs with a higher star status in the community or special exception criteria are met.Special exception criteria are:
(i) the child was already approved for care at the one star program prior to January 1, 2003, or prior to the program's star status being reduced to one star.The child:
(I) can remain at the one star program, unless the child stops attending the program for more than 30-calendar days; and
(II) may be approved at the same one star program again when the only reason the child did not attend for more than 30-calendar days was due to a school break or circumstances beyond the family's control, such as the child's illness;
(ii) care is requested for the child residing in the same home as a child already approved for care as described in (c)(H)(i) in the same one star child care program; or
(iii) the parent or guardian demonstrates there is no other child care option that meets the family's needs. • 4
(d) Child care subsidy benefits for the child with disabilities.A child with disabilities is potentially eligible for the higher special needs rate for child care subsidy benefits.Each child with disabilities requires a separate and specific certification of the child care program. • 5
(1) The child with disabilities is defined as a child receiving:
(A) Supplemental Security Income (SSI).This 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;
(B) SoonerStart early intervention services; or
(C) special education services provided, per an Individualized Education Program (IEP), by the child's school district.
(2) When the child with disabilities is 13 years of age or older, the parent 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 at review.Subsidized child care benefits are not approved when the licensed health care professional states the child is capable of self-care as age-appropriate.
(e) Overpayment of child care.DHS seeks repayment for any child care that was received or paid in error per OAC 340:40-15-1. • 6
INSTRUCTIONS TO STAFF 340:75-6-91
1.(a) Preventive child care services.Child care may be used on a regular basis or, when the child care provider is agreeable, on a drop-in basis.Preventive child care services are made available to Child Welfare Services (CWS) families when:
(1) temporary and severe stress exists that endangers or threatens to endanger the child and respite is included in the safety plan to protect the child;
(2) the parent's participation in the individualized service plan (ISP) results in assistance needed with child care;
(3) the child needs an opportunity to increase social and developmental skills; or
(4) there is evidence the family is so burdened by debt that the additional financial pressure of paying for child care results in further deterioration of the family stability and functioning.
(b) Establishing preventive child care services.
(1) The child welfare (CW) specialist:
(A) establishes preventive child care services for parents with a child in the Oklahoma Department of Human Services (DHS) custody;
(B) explores possible alternatives with the parent, before DHS purchased child care service is established, per Oklahoma Administrative Code (OAC) 340:40-5-1;
(C) completes Form 04MP042E, Application for Child Welfare Child Care Benefits, during a face-to-face interview with the parent, indicates the parent's choice of child care providers on the application, scans the form into the KIDS File Cabinet, and files the application in the case record.
(2) The CW specialist and CW supervisor determine the amount and length of time child care will be provided based on the family's needs and incorporates the information into the ISP.
(3) When a child care provider is not chosen by the parent, the CW specialist provides information to help make the choice, per OAC 340:40-5-1(7).
(4) When the parent wants to use an in-home care provider, the CW specialist must approve the provider, per OAC 340:40-13-1.
(c) Entering child care in KIDS.Refer to the Child Care How To in KIDS/Help/How To's for procedure for entering child care in KIDS.
(1) The CW specialist enters the child care approval or denial in KIDS Child Care screens within two-business days of receiving all necessary verification to certify or deny the application.
(2) The KIDS Child Care screen is completed with documentation of the:
(A) need for child care; and
(B) child care authorization indicating the appropriate number of days child care is needed based on the family's need.
(i) Monthly preventive child care is authorized when care is needed for fewer than 15-calendar days per month or more than 23-calendar days per month.
(ii) Full-time preventive child care is authorized when care is needed more than four hours every day.
(iii) Part-time is authorized when care is needed four hours or less every day.
(iv) Weekly preventive child care is authorized when care is needed for more than four hours each day and at least 15-calendar, but no more than 23-calendar days per month.
(v) Blended preventive child care is authorized for the child 4 years of age and older when care is needed Monday through Friday, part-time for the days school is in session, and full-time for school holidays.The CW specialist determines which blended unit type is appropriate.
(I) The traditional school year blended unit type is authorized when the child attends a school with a traditional nine-month school calendar. The child care facility must be open on school holidays, except summer break for the traditional blended unit type to be approved.
(II) The extended school year blended unit type is authorized when the child attends a school with a year-round or a continuous learning calendar.The child care facility must be open during school holidays including fall, Christmas, spring, and summer breaks.
(3) The CW specialist completes changes to the child care authorization within 10-business days of learning of the need, perOAC 340:40-9-2.
(4) When multiple counties are assigned to the case, the CW specialist assigned to the child notifies all assigned CW specialists and CW supervisors of the preventive child care within 10-business days of the authorization.
(d) Preventive child care approval and extension.
(1) The provision of preventive child care requires CW supervisor approval.
(2) Preventive child care is authorized for 30-calendar days and may be extended for an additional 30-calendar days by the CW supervisor.
(3) A request for child care approval beyond 60-calendar days is submitted to the CW district director who reviews and approves or denies the request, and documents the determination in the KIDS Contacts screen.
2.Child care programs receiving federal grant funds.Programs receiving federal grant funds, such as Head Start or Early Head Start, and public schools receiving state funds for education may receive subsidy funds only when all parents are charged for the hours the subsidy payment is requested.The CW specialist approves the appropriate unit type based on the family's need and the number of subsidy hours needed.
3.Preventive child care and the child's schooling.Clarification is provided in paragraphs (1) through (5) of this subsection regarding when preventive child care may be approved or denied as it relates to the child's schooling.
(1) A homeschooled child must receive the instruction from his or her own parent or caretaker except for the time a tutor may be hired.
(2) A child care provider is not approved to provide child care so the provider can homeschool the child.
(3) The CW specialist does not approve a school-age child for child care allowing the parent or caretaker to work or attend school during the hours public or private school is in session because the parent wants to home school the child during the evening hours.
(4) School age is defined as a child enrolled in the first through 12th grades.
(5) A provider may be approved to provide child care for a school-age child with disabilities during the hours public or private school is in session when the child receives shortened-day services from the local school system.
(6) Preventive child care may be approved when a child is suspended or expelled from school and the school system verifies there is no other educational alternative available to the child.
4.Exceptions for use of a one star program.Exceptions may be granted on a case-by-case basis for use of a one star program by the CW supervisor.Prior to granting an exception, the procedures (1) through (5) of this Instruction are completed.
(1) The CW specialist:
(A) provides the parent with a list of all contracted one plus or higher star programs and all contracted child care homes that meet the parent's search criteria.
(i) The parent is not required to use a one plus or higher star child care home before considering a one star program.
(ii) When there are no one star plus or higher star programs in the community, the list provided to the parent includes one star programs.
(iii) An exception is not required when a one star program is the only available program in the community;
(B) uses the Child Care Locator, available on the InfoNet under DHS Tools, to generate this list; and
(C) instructs the parent to contact all programs on the Child Care Locator list to determine if care is available during the hours needed.
(2) The parent notes on the list why two star or higher child care is not available at any of the locations on the list or why the listed locations do not meet the parent's needs.
(3) The CW supervisor:
(A) reviews the parent's notes when the parent does not find a program from those on the list, to determine whether to grant an exception; and
(B) documents in KIDS Child Care screen whether or not an exception was granted and the reasons.
(4) Exceptions may be granted when none of the providers on the parent's list:
(A) has an opening during the times care is needed, such as the parent works evening or overnight hours and no one provides care during those hours;
(B) is willing to meet the special needs of the child, such as a child with disabilities or transportation to and from the child's school; or
(C) is within a reasonable distance from the parent's home.
(5) When the CW supervisor grants an exception per Instructions to Staff # 4, the CW specialist provides the parent a list of one star program providers.When the parent finds a one star program that meets the client's needs, payment is approved for child care at the facility.
5.Special needs certification.The parent, child care provider, Child Care Services (CCS) Licensing staff, and Adult and Family Services (AFS) staff complete the appropriate sections of Form 08AD006E, Certification for Special Needs Child Care Rate for Licensed Child Care Homes and Centers, when requesting the special needs rate, per OAC 340:40-7-3.1.The child care provider initiates the process by accessing Form 08AD006E on the provider website or by contacting AFS Child Care Subsidy staff.
(1) Determination of special needs certification requirements are made by:
(A) CCS licensing staff for the provider; and
(B) AFS Child Care Subsidy staff for the child in DHS custody.
(2) When the provider meets certification requirements, CCS licensing staff sends Form 08AD006E to AFS Child Care Subsidy staff to determine if the child meets certification requirements.AFS Child Care Subsidy staff completes Form 08AD007E, Scoring Sheet for Special Needs Rate Determination, to determine whether to approve the child for the severe or moderate special needs rate or to continue services at the applicable daily or weekly rate.
(3) When approved, AFS Child Care Subsidy staff emails a scanned copy of Form 08AD006E to the KIDS Helpdesk and requests the appropriate special needs rate be applied in KIDS.
(4) KIDS Helpdesk staff uploads a copy of Form 08AD006E to the KIDS case.
(5) AFS Child Care Subsidy staff sends a copy of Form 08AD006E to the:
(A) child care provider;
(B) resource parent; and
(C) licensing specialist.
6.Reporting an overpayment.When the CW specialist discovers child care services were received or paid in error, the specialist sends a memo to the AFS Benefit Integrity and Recovery Section that includes:
(1) the case name and number;
(2) the name and date of birth of each child who received care;
(3) a summary of the circumstances that led to the overpayment;
(4) the time period covered by the overpayment; and
(5) if the overpayment was caused by DHS, parent, or provider error.