340:75-7-65. Child care and supportive services for the resource home
(a) Child care subsidy. • 1Child care subsidy benefits paid by the Oklahoma Department of Human Services (DHS) for a child in DHS or tribal custody are available, when:
(1) a foster child attends an Early Head Start (EHS) program contracted with DHS to receive child care subsidy payments;
(2) the resource is a:
(A) paid or non-paid resource parent authorized for child care subsidy benefits by Child Welfare Services (CWS);
(B) tribal resource family providing care for the child in tribal custody in a paid placement when authorized by the DHS tribal program staff;
(C) coordinated foster care parent when authorized by the district of service;
(D) shelter host home when authorized by the assigned child welfare (CW) specialist in the district of service;
(E) supported home when authorized by the assigned DHS resource family partner liaison; or
(F) therapeutic foster home when authorized by the Therapeutic Foster Care (TFC) program staff;
(3) the need for child care is met:
(A) when a single resource parent is:
(i) employed 20 hours a week or more;
(ii) enrolled and attending a formal education program for at least six credit hours per semester.A formal education program is defined as a course of study that leads to the attainment of an associate, bachelor's, or post-graduate degree;
(iii) enrolled and attending a training program.A training program is defined as a course of study that when completed, qualifies a person to meet requirements for a job the individual could not have obtained without the certificate of completion, accreditation, or licensure resulting from completion of training;
(iv) employed during night hours and needs DHS paid child care to allow him or her to sleep during the day.During the night working hours, a feasible alternative is used at no cost to DHS.Night working hours are defined as the hours between 11:00 p.m. and 7:00 a.m.The maximum amount of child care time approved by the resource specialist allows the resource parent eight hours of sleep plus travel time to and from the child care provider; and
(v) approved for child care by the resource program staff for reasons other than those listed in this subparagraph.These decisions are made on a case-by-case basis;
(B) in a two-parent resource home, when:
(i) both resource parents are employed 20 hours a week or more and have the same working hours;
(ii) one resource parent works and the other resource parent has a significant disability that precludes providing care for the child; • 2
(iii) one resource parent works during the same hours the other resource parent is enrolled and attending a formal education or training program as defined in (3)(A) of this subsection;
(iv) sleep-time child care is needed during the day because one or both resource parents work nights. During the night working hours, a feasible alternative is used at no cost to DHS. When one resource parent works nights, the other resource parent must work or need child care for a reason that requires the approval of resource program staff during the hours the other resource parent is sleeping.Night working hours are defined as the hours between 11:00 p.m. and 7:00 a.m.The maximum amount of child care time approved by the resource specialist allows the resource parent eight hours of sleep, plus travel time to and from the child care provider; or
(v) one resource parent works during the same hours the other resource parent needs child care for a reason other than those listed in this subparagraph.In this situation, the need for subsidized child care must be approved by resource program staff on a case-by-case basis; or
(4) child care is provided:
(A) in a licensed and contracted child care center with a one star plus or higher star status, unless there are no centers with a one star plus or 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 center prior to January 1, 2003, or prior to the provider's star status being reduced to one star.The child may remain in this facility, unless the child stops attending there for more than 30-calendar days.The child may be approved at this same facility again when the only reason the child did not attend for more than 30-calendar days was because of a school break or due to circumstances beyond the control of the resource home, such as the child's illness;
(ii) care is requested for a child living in the same home as a child already approved for care per (3)(A)(i) of this paragraph for the same one star child care provider; or
(iii) the resource parent demonstrates no other child care option meets the family's needs; • 3
(B) in a licensed and contracted child care home regardless of star level; or
(C) by an approved in-home provider who cares for the child at the resource parent's home, per Oklahoma Administrative Code (OAC) 340:40-13-2.
(b) Child care subsidy benefits available through Adult and Family Services (AFS).Child care subsidy benefits may be available through local DHS AFS for child care, per OAC 340:40, to:
(1) resource parents who finalized an adoption of a foster child;
(2) a child in tribal custody placed by the tribe in a home without a resource case in KIDS; and
(3) a child in the custody of another state placed in a kinship home in Oklahoma through the Interstate Compact on the Placement of Children.
(c) Foster care child care subsidy benefits not paid by DHS.Foster care child care subsidy benefits are not paid by DHS, when the:
(1) resource parent has an ownership interest in the chosen child care center;
(2) foster child attends a family child care home where the child lives, unless:
(A) the child care home provided child care to the child immediately prior to the foster care placement; and
(B) it is in the child's best interests to remain in the kinship provider's child care home;
(3) resource parent works in the child care home during the same hours the child attends child care;
(4) resource parent chooses more than one child care provider to provide service to a child on the same day;
(5) resource parent makes informal arrangements for child care;
(6) provider 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.EHS programs are exempt from this rule; • 4or
(7) provider is caring for a school-age child during the regular school day when such student could be attending a public or private school during those hours. • 5
(d) Child care subsidy benefits for a 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 provider. • 6
(1) A child with disabilities is defined as a child receiving:
(A) Supplemental Security Income (SSI).This includes those whose SSI payment stops because of financial reasons, but who still meet 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 and older, the resource parent must provide a statement from a licensed health care professional verifying that 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 a licensed health care professional states that the child is capable of self-care as age-appropriate.
(e) Resource parent's responsibility for electronic benefit transfer (EBT).Refer to OAC 340:40-10 for information regarding the EBT system that includes the manual claim process.Resource parent responsibilities for EBT include:
(1) watching the EBT training video;
(2) completing and submitting a signed Form 04MP042E, Application for Child Welfare Child Care Benefits;
(3) swiping the EBT card every day the child attends child care;
(4) not swiping the EBT card for any day the child does not attend child care;
(5) checking the message on the point of service machine for correct times of attendance and approval;
(6) not giving the EBT card or personal identification number (PIN) to anyone, including the child care provider; and
(7) paying for care that DHS does not pay because the:
(A) EBT card was not swiped for the correct days and times the child attended child care;
(B) swipes were denied and not corrected within 10-business days; or
(C) provider loses the weekly rate payment for absent days because the correct attendance for every day the child attended that month was not swiped.
(f) Therapeutic child care services. • 7Therapeutic child care services are paid by DHS when recommended by a mental health professional and supporting documentation is provided.Prior authorization from the CWS Finance and Business Operations (FBO) is required.CWS FBO makes the determination of the availability of funds.
(g) Overpayment of child care. • 8DHS seeks repayment for any child care subsidy benefit paid in error to a licensed child care center, home, or professional in the resource parent's own home.The resource parent is responsible for reimbursing these costs to DHS when the overpayment occurs due to the resource parent's ineligibility.
(h) Informal care arrangements for the foster child.Resource parents may make informal care arrangements with friends, neighbors, or relatives for the foster child's occasional care.
(1) Resource parents apply the reasonable and prudent parent standard when selecting an informal care provider to care for the foster child and ensure he or she possesses the maturity and skills to address the child's needs.
(2) The foster child may stay with a friend, when the resource parent:
(A) knows the family;
(B) reasonably believes the family, household members, and environment are safe for the child; and
(C) exchanges contact information, including names, addresses, and phone numbers.
(3) The resource parent notifies the resource specialist when using informal care arrangements.The resource parent cannot use an informal care provider who the resource specialist determines is unsafe.
(4) The resource parent must obtain permission from the foster child's assigned CW specialist before allowing the foster child's relatives to provide informal care for the child.
(5) An informal care provider, living outside of the resource parent's home, must be 18 years of age and older.
(6) A teenager living in the resource parent's home must be 16 or 17 years of age, related to the resource parent, and is limited to providing 12-consecutive hours of informal care.The resource specialist and the resource parent assess the teen's ability and appropriateness to assume responsibility for the foster child and ensure his or her needs and well-being can be met.
(7) The resource parent does not utilize a child in DHS custody to care for a younger child unless approved by the resource specialist.
(8) Informal care providers must be notified on how to reach the resource parent and other emergency contacts.
(9) An individual providing care for more than seven-consecutive days must be an approved alternate caregiver.
(i) Alternate caregiver selected by the resource parent. • 9The resource parent is required to identify at least one formal, alternate caregiver, but no more than two, who can fulfill the resource parent's role for the child in DHS custody placed in the resource home in case of family emergencies, or when the family needs an extended break for up to 14-consecutive days.The alternate caregiver is limited to providing care only for resource families for which the caregiver is approved.
(1) The alternate caregiver is not used as a placement for the child.
(2) The resource parent is responsible for identifying and reimbursing the alternate caregiver.When funding is available, respite vouchers may be used for reimbursement.
(3) The alternate caregiver must be at least 21 years of age.
(4) The alternate caregiver and each adult household member in the alternate caregiver's home must be willing to:
(A) submit to a name-based records search by the Oklahoma State Bureau of Investigation, per OAC 340:75-7-15;
(B) submit to a DHS records search including, but not limited to:
(i) CW history, per OAC 340:75-7-15;
(ii) Restricted Registry; and
(iii) Community Services Worker Registry;
(C) submit to an Oklahoma State Department of Health Nontechnical Services Worker Abuse Registry search;
(D) submit to a Juvenile Online Tracking System records search for each child, 13 through 17 years of age, living in the home, per OAC 340:75-7-15;
(E) engage in an evaluation of the home to assess the location, condition, and capacity to accommodate the child in DHS custody;
(F) provide one reference on Form 04AF026E, Alternate Caregiver Reference Letter;
(H) participate in a yearly update.
(j) Respite care. • 10Respite care can only be provided by an approved resource home.A resource home is not limited to providing respite care to only one resource family.
(k) Resource home insurance.Liability insurance is provided for resource families for damages caused by the child in DHS custody per the terms of the policy.Resource families have the right to receive a copy of the liability insurance policy, per Section 1-9-119 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-9-119).Resource parents are responsible for any deductibles.
(l) Foster care associations. • 11DHS cooperates with and promotes the development of foster care associations for resource parents in each district.DHS provides information to resource families about local foster care associations.
(m) Foster Care and Adoption Support Center.The Foster Care and Adoption Support Center, 1-800-376-9729, is maintained by the Foster Care and Adoption Support Unit and assists with questions and problem resolution.
(n) Foster parents' rights.Foster parents' rights are found in 10A O.S. § 1-9-119 and a copy is given to every resource parent at the annual update.
(o) Shared information.Information shared between CWS employees, resource parents, and parents includes, but is not limited to the:
(1) child's legal status;
(2) upcoming court hearings;
(3) reason for the child's foster care placement;
(4) child's and parent's prior and present living experiences; and
(5) child's medical, psychological, and behavioral information, current photographs, and educational records.
(p) Foster care grievance procedures.The resource parent and child in foster care have access to DHS grievance procedures through the Office of Client Advocacy, per OAC 340:2-3.
(q)Foster care mediation program.The resource parent may access the foster care mediation program through the Oklahoma Commission on Children and Youth (OCCY), per OAC 340:75-7-291.
(r) Resource parent complaints about DHS employees.Resource parents may file a complaint with OCCY Office of Juvenile System Oversight about an action of a DHS employee involving retaliation or discrimination against a resource parent, per OAC 340:75-7-292.
(s)Training topics relevant to fostering.Pre-service and in-service training is provided to enhance the resource parent's foster parenting skills.
(t) Travel reimbursement for the resource parent. • 12
(1) The resource parent, including a tribal resource parent, may be reimbursed for four trips per month for mileage incurred when providing transportation for the child in DHS custody placed in the resource home.When multiple children are included on a trip, the trip is counted as one trip for the group.Travel reimbursement may occur when the:
(A) resource parent provides travel associated with the child's permanency and well-being, limited to:
(i) visits with parents and any person approved by the child's CW specialist;
(ii) visits with the child's sibling; or
(iii) court hearings;
(B) round trip for a single event is 26 miles or more; and
(C) trips are documented and filed monthly on Form 10AD006E, Travel Claim, provided by a CW specialist, and processed through the Foster Care and Adoption Support Center.
(2) Travel reimbursement may occur when transporting a child to and from the foster placement to Oklahoma Schools for the Blind or Deaf on a bi-weekly basis after all other options are exhausted.
(u) Tax deduction available. An Oklahoma income tax deduction may be available for resource parents who meet requirements, per 68 O.S. § 2358.5-1.A resource parent with tax questions related to the care of a child in DHS custody contacts a tax professional.
INSTRUCTIONS TO STAFF 340:75-7-65
1.Approval process for child care.Form 04MP042E, Application for Child Welfare Child Care Benefits, is not approved until the resource parent or the resource parent's authorized representative completes the child care interview and provides the work schedule, class schedule, or medical disability documentation to the resource specialist.
(a) Child care may be approved for a child younger than 3 years of age to attend an Early Head Start (EHS) program without the resource parent meeting a need factor for child care.
(b) When the resource parent contacts the resource specialist to request child care, the resource specialist:
(1) staffs with the child's child welfare (CW) specialist to determine if the child's needs can be met in a child care setting;
(2) completes Form 04MP042E, and reviews the form with the resource parent, securing his or her signature on the form;
(3) verifies the resource parent's employment, educational enrollment, or disability and documents the child care need in the child's Child Abuse and Neglect Information System (KIDS) case and resource file;
(4) refers to the Child Care and Child Care EBTU How To's in KIDS/Help/How To's;
(5) enters the child care request in KIDS Child Care screens within two-business days with no time exceptions allowed, after receipt of verification necessary to approve or deny the application;
(6) determines the appropriate number of days child care is needed based on the resource parent's schedule including travel time or disability need.The appropriate authorization is entered in KIDS Child Care screens.
(A) Monthly child care is authorized when care is needed for fewer than 15-calendar days per month or more than 23-calendar days per month.
(i) Full-time child care is authorized when care is needed for more than four hours each day.
(ii) Part-time child care is authorized when care is needed for four hours or less each day.
(B) Weekly child care is authorized when care is needed for more than four hours each day and at least 15-calendar days, but no more than 23-calendar days per month.
(C)Weekly child care is authorized when a foster child attends an EHS program regardless of the resource parent's need for child care.
(D) Blended child care is authorized for the child four years of age and older when care is needed Monday through Friday, part-time, the days school is in session, and full-time for school holidays.The resource specialist determines the appropriate blended unit type.
(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 for summer break for traditional blended unit type approval.
(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 Christmas, fall, spring, and summer breaks;
(7) files the signed form in the resource file; and
(8) evaluates the need for child care during the annual update and documents the child care need in the KIDS and resource files.A new Form 04MP042E with the resource parent's signature is required at the annual update when child care is still needed.
(c) Once approved, eligibility continues until the annual update even though the resource parent no longer meets the need for child care.
2.Resource parent with a significant disability.Medical information from the primary physician regarding the resource parent's disability is required and documented in the child's KIDS case and resource file.When child care subsidy benefits are provided for the disabled resource parent, the resource specialist and the resource supervisor evaluate the need for child care at the annual update and document the need in the child's KIDS case and resource file.
3.Exceptions for the use of a one star child care center.
(1) Exceptions for use of a one star child care center may be granted by the resource supervisor.Prior to granting an exception, the procedures in (A) and (B) of this paragraph are completed.
(A) The resource specialist:
(i) provides the resource parent a list of each contracted one plus or higher star centers and all contracted child care homes that meet the resource parent's search criteria.
(I) The resource parent is not required to use a one plus or higher star child care home before considering a one star child care center.
(II) When there are no one star plus or higher star child care centers in the community, the resource parent is provided a list of one star child care centers.
(III) An exception is not required when a one star child care center is the only available child care center in the community;
(ii) uses the Child Care Locator, on the Oklahoma Department of Human Services (DHS) Infonet Tools to generate the list; and
(iii) instructs the resource parent to contact each Child Care Locator provider on the list to determine if care is available during the hours needed.
(B) When the resource parent is unable to find a provider that meets his or her needs, the resource supervisor reviews the resource parent's attempts to find a provider and determines whether to grant an exception.
(2) Reasons to grant an exception may include when:
(A) openings are not available during the hours child care is needed.For example, the resource parent works during the evening or overnight and no one provides child care during those hours;
(B) providers are not willing to meet the child's special needs.For example, the provider is unable to meet the needs of the child with disabilities or provide transportation to and from the child's school;
(C) providers are not within a reasonable distance from the resource parent's home; or
(D) other options are not available based on the case's specific circumstances.
(3) When the resource supervisor agrees an exception is warranted, the resource specialist documents in KIDS Child Care screens why an exception was granted.
4.Programs receiving federal or state grant funds.Programs receiving federal or state grant funds, such as Head Start or pre-kindergarten, typically do not charge all parents for the designated program hours.In these instances, the provider only qualifies for subsidy payments for care before and after designated program hours, also known as wraparound care.The resource specialist approves the appropriate unit type based on the resource parent's need and the required number of subsidy hours.
5.Exceptions for child care for the school-age child.The school-age child is defined as a child 5 years of age through the day before he or she turns 19 years of age.Child care is not approved during regular school day hours because school is a feasible alternative to child care.An exception may be granted when the school-age child:
(1) with disabilities receives shortened-day services from the local school system; or
(2) is suspended or expelled from school and the school system verifies no other educational alternative is available to the child.
6.Special needs certification.The resource 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 Rate for Licensed Child Care Homes and Centers, when the special needs rate, per Oklahoma Administrative Code (OAC) 340:40-7-3.1, is requested.The child care provider initiates the process by accessing Form 08AD006E on the provider web 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, and determines 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:
(A) the child care provider;
(B) the resource parent; and
(C) CCS licensing staff.
7.Therapeutic child care.
(1) The CW specialist requests approval for therapeutic child care when:
(A) a letter from a behavioral health professional provider documents the:
(i) child's goal;
(ii) therapy needed to reach the goal; and
(iii) expected time requirement for this treatment; and
(B) the CW specialist staffs the case with the CW supervisor and resource specialist and all agree therapeutic child care is required.
(2) The CW specialist provides a memo to Child Welfare Services (CWS) Finance and Business Operations (FBO) with the behavioral health professional's letter.The memo includes the:
(A) child and case name;
(B) therapeutic child care program name;
(C) number of therapeutic child care hours needed per day;
(D) number of therapeutic child care days needed per week;
(E) name of the behavioral health professional recommending therapeutic child care;
(F) resource parent's name; and
(G) reason for therapeutic child care.
(3) CWS FBO sends a memo notifying the CW specialist of the determination with specific instructions regarding payment of services, when approved.
(4) The CW specialist documents the circumstances and actions in KIDS Contacts.No service line is entered in the KIDS Child Care screen.
8.Child care services overpayment.DHS seeks repayment for any child care service paid in error.The CW specialist provides FBO information that includes:
(1) the child's case name and number;
(2) the child's name and date of birth;
(3) a summary of the circumstances that led to the potential overpayment, including the original and new family share co-payment amounts, when applicable;
(4) the period covered by the overpayment; and
(5) if the overpayment was caused by DHS, resource parent, or provider error, per examples in OAC 340:40-15-1.
9.Approving an alternate caregiver.The resource specialist:
(1) obtains the name of the potential alternate caregiver, relationship, or connection to the resource family, and the length of time the alternate caregiver has known the resource family.
(A) The resource specialist makes personal contact with the alternate caregiver to determine the person's ability and willingness to provide temporary, short-term care and determines if he or she may experience the same family emergencies as the resource family.
(B) The person or persons recommended to provide alternate care, such as a relative or close friend, must be at least 21 years of age;
(2) completes, regarding the potential alternate caregiver and each adult living in the potential caregiver's home:
(A) an Oklahoma State Bureau of Investigation name search;
(B) an Oklahoma Department of Public Safety check;
(C) an Oklahoma State Courts Network search at www.oscn.net;
(D) an Oklahoma District Court Records search at www.odcr.com;
(G) a DHS records review, including:
(i) CW records;
(ii) the Community Services Worker Registry at https://cswrpublic.okdhs.org/cswrpublic.When an individual's name is located on the Community Services Worker Registry, the resource specialist requests the individual's records, and includes that information in the overall assessment.When an individual's name is located on the Community Services Worker Registry, the applicant cannot be approved without a Foster Care and Adoptions deputy director's approval; and
(iii) Restricted Registry at https://ccrrpublicjl.okdhs.org/ccrrpublicjl/public/.When an individual's name is located on the Restricted Registry, the individual is denied; and
(H) an Oklahoma State Department of Health (OSDH) Nontechnical Services Workers Abuse Registry search at https://www.phin.state.ok.us/nar/.When an individual's name is located on the OSDH Nontechnical Services Workers Abuse Registry, the resource specialist requests the individual's records, and includes that information in the overall assessment.When an individual's name is located on the OSDH Nontechnical Services Workers Abuse Registry, the applicant cannot be approved without a Foster Care and Adoptions deputy director's approval;
(3) completes, regarding any child of the potential alternate caregiver or child of an adult household member who is 13 through 17 years of age, a Juvenile Online Tracking System check;
(4) documents the results of each background check on Form 04AF007E, Records Check Documentation;
(5) assesses all CW history and criminal or delinquency history, per OAC 340:75-7-15Instructions to Staff;
(6) obtains a copy of the potential alternate caregiver's driver license, or state-issued identification, and required vehicle liability insurance verification;
(7) completes Form 04AF004E, House Assessment, and Form 04MP061E Water Safety Checklist and Agreement for the Resource Applicant or Parent;
(8) completes Form 04AF021E, Verification of Receipt of DHS Rules, with the alternate caregiver;
(9) contacts one reference provided by the alternate caregiver using Form 04AF026E, Alternate Caregiver Reference Letter;
(10) makes a decision to approve or deny the potential alternate caregiver after assessing the information obtained and after consultation with the resource supervisor.The resource specialist documents all information in the KIDS Resource Alternate Caregiver screen, scans it into the KIDS Resource File Cabinet, and files it in the resource file;
(11) informs the resource parent of the decision; and
(12) reapproves the alternate caregiver during the annual update by completing (1) through (10) of this Instruction.
10.Respite care.A resource home providing respite care must meet all requirements of an approved resource home and is not required to have a relationship or direct connection with the family.
11.Foster care associations.The resource specialist provides the resource parent with information on how to contact the foster care association.
12.Travel Reimbursement.When the resource parent is eligible for travel reimbursement, the CW specialist submits approved Form 10AD006E, Travel Claim, directly to the Foster Care and Adoption Support Center.SoonerRide is expected to serve as the resource for all travel related to medical, behavioral health, dental, or vision appointments.