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COMMENT DUE DATE:  

February 21, 2020

DATE: 

February 11, 2020

Laura Brown, Child Care Services 405-521-2556

Dena Thayer, Programs Administrator 405-521-4326

Nancy Kelly, Policy Specialist 405-522-6703

RE:  

APA WF 20-01

It is very important that you provide your comments regarding the DRAFT COPY of policy by the comment due date. Comments are directed to *STO.LegalServices.Policy@okdhs.org

The proposed policy is  Emergency .  This proposal is subject to Administrative Procedures Act

It is important that you provide your comments regarding the draft copy of policy by the comment due date.Comments are directed to *STO.LegalServices.Policy@okdhs.org.The proposed policy is EMERGENCY.

SUBJECT:

CHAPTER 40. CHILD CARE SUBSIDY PROGRAM

Subchapter 5. Child Care Plan

340:40-5-1. Child care plan[AMENDED Instructions to staff only]

Subchapter 10. Electronic Benefit Transfer (EBT) System For Child Care

OAC 340:40-10-4. [AMENDED]

Subchapter 13. Child Care Rates And Provider Issues

OAC 340:40-13-3. [AMENDED]

(Reference WF 20-01)

SUMMARY:The proposed amendments to Chapter 40 Subchapter 10 amend the rules to: (1) clarify when absent day payments are made to child care providers; (2) add a new non-traditional hours payment and when it may be paid to child care providers; and (3) update terminology; and (4) clarify when manual adjustments are made to child care providers.

The proposed amendments to Chapter 40 Subchapter 13 amend the rules to: (1) remove the county where a provider is located and add whether child care is provided during non-traditional hours as criteria for how child care providers are paid; (2) add policy citation; and (3) update terminology.

EMERGENCY APPROVAL:Emergency rulemaking approval is requested effective 4-1-2020 to add information about a new non-traditional hours payment that is necessary to increase access to child care subsidies for families with non-traditional work schedules.

LEGAL AUTHORITY:Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes; and Sections 98.11, 98.16, and 98.45 of Title 45 of the Code of Federal Regulations.

Rule Impact Statement

To:Programs Administrator

Office of Intergovernmental Relations and Policy

From:Patrick Klein, Director

Adult and Family Services

Date:January 28, 2020

Re:CHAPTER 40. CHILD CARE SUBSIDY PROGRAM

Subchapter 10. Electronic Benefit Transfer (EBT) System For Child Care

OAC 340:40-10-4. [AMENDED]

Subchapter 13. Child Care Rates And Provider Issues

OAC 340:40-13-3. [AMENDED]

Contact:Laura Brown 405-521-4396

A.Brief description of the purpose of the proposed rule:

Purpose.

The proposed amendments to Chapter 40 Subchapter 10 amend the rules to: (1) clarify when absent day payments are made to child care providers; (2) add a new non-traditional hours payment and when it may be paid to child care providers; and (3) update terminology; and (4) clarify when manual adjustments are made to child care providers.

The proposed amendments to Chapter 40 Subchapter 13 amend the rules to: (1) remove the county where a provider is located and add whether child care is provided during non-traditional hours as criteria for how child care providers are paid; (2) add policy citation; and (3) update terminology.

Strategic Plan impact. The proposed rules achieve the Oklahoma Department of Human Services (OKDHS) goal of continuously improving systems and processes.

Substantive changes.

Subchapter 10. Electronic Benefit Transfer (EBT) System For Child Care

Oklahoma Administrative Code (OAC) 340:40-10-4 is amended to: (1) clarify when absent day payments are made to child care providers; (2) add a new non-traditional hours payment and when it may be paid to child care providers; and (3) update and simplify terminology; and (4) clarify when manual adjustments are made to child care providers.

Subchapter 13. Child Care Rates And Provider Issues

OAC 340:40-13-3 is amended to: (1) remove the county where a provider is located and add whether child care is provided during non-traditional hours as criteria for how child care providers are paid; (2) add policy citation; and (3) update terminology.

Reasons. The proposed amendment to add information about a new non-traditional hours payment is necessary to increase access to child care subsidies for families with non-traditional work schedules.

The proposed rules throughout the subchapters are amended to make policy easier to understand for staff, child care providers, and the public by: (1) updating, simplifying, and clarifying language and (2) updating terminology.

Repercussions. If the proposed amendment is not is not implemented, clients and staff may not be aware of the new non-traditional hours payment.

Legal authority. Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes; and Sections 98.11, 98.16, and 98.45 of Title 45 of the Code of Federal Regulations.

Emergency rulemaking approval is requested effective April 1, 2020.

B.A description of the classes of persons who most likely will be affected by the proposed rule, including classes that will bear the costs of the proposed rule, and any information on cost impacts received by the Agency from any private or public entities: The class of persons most likely to be affected by the proposed rules are OKDHS staff, clients applying for or receiving subsidized child care benefits, and child care providers.

C.A description of the classes of persons who will benefit from the proposed rule:The classes of persons who will benefit are clients applying for or receiving subsidized child care benefits and child care providers.

D.A description of the probable economic impact of the proposed rule upon the affected classes of persons or political subdivisions, including a listing of all fee changes and, whenever possible, a separate justification for each fee change: The proposed rules have a positive economic impact on the clients receiving child care subsidy benefits, their children and child care providers by:

           Increasing access to child care subsidies for families with non-traditional work schedules; and

           Paying a higher rate to providers when they provide care during non-traditional hours.

E.The probable costs and benefits to the Agency and to any other agency of the implementation and enforcement of the proposed rule, the source of revenue to be used for implementation and enforcement of the proposed rule and any anticipated effect on state revenues, including a projected net loss or gain in such revenues if it can be projected by the Agency: The proposed rules will result in enhanced delivery of services to positively impact children and families.The probable DHS cost of printing and distributing the rules is estimated to be less than $20.The proposed rules to increase access to child care subsidies for families with non-traditional work schedules as well as increase payments to providers for care provided during non-traditional hours are estimated to cost $262,080 annually.The cost associated with these revisions is 100 percent federally funded; there are no costs to the State.

F.A determination whether implementation of the proposed rule will have an impact on any political subdivisions or require their cooperation in implementing or enforcing the rule: The proposed rules do not have an economic impact on any political subdivision, nor will the cooperation of any political subdivisions be required in implementation or enforcement of the rules.

G.A determination whether implementation of the proposed rule will have an adverse economic effect on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act: There are no anticipated adverse effects on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act.

H.An explanation of the measures the Agency has taken to minimize compliance costs and a determination whether there are less costly or nonregulatory methods or less intrusive methods for achieving the purpose of the proposed rule: There are no less costly or nonregulatory methods or less intrusive methods for achieving the purpose of the proposed rules.

I.A determination of the effect of the proposed rule on the public health, safety, and environment and, if the proposed rule is designed to reduce significant risks to the public health, safety, and environment, an explanation of the nature of the risk and to what extent the proposed rule will reduce the risk: The proposed rules protect the health and safety of children by increasing access to child care subsidies for families with non-traditional work schedules.This may prevent some children from being left at home alone or with unsuitable caregivers while the parent(s) work. In addition, the proposed changes increase the employability and earning potential of parents and thus, reduce the impact of poverty on children.

J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented:If the proposed rule revisions are not implemented, low income working families will continue to have fewer child care choices during non-traditional hours, potentially resulting in children being left at home alone or with unsuitable caregivers.Fewer child care choices may prevent some parents or caretakers from working during non-traditional hours resulting in financial instability for the family.

K.The date the rule impact statement was prepared and, if modified, the date modified:Prepared January 28, 2020.

SUBCHAPTER 5. CHILD CARE PLAN

340:40-5-1. Child care plan [Instructions to staff only]

Revised 3-1-19

Providing child care is part of an overall plan of service designed to help the parent or caretaker, with whom the child lives, achieve his or her maximum potential for self-support.Quality child care services ensure the parent or caretaker each child has adequate care that affords developmental and learning experiences while the parent or caretaker is engaged in self-support activities.¢ 1The child care plan consists of many components that link to form a goal-directed child care plan as described in (1) through (11) of this Section.

(1) Child characteristics.The worker gathers information about the child for whom child care is needed including his or her name, age, grade level, and if the child has a disability.¢ 2

(2) Need for child care.The worker determines if the parent or caretaker meets a need factor per Oklahoma Administrative Code (OAC) 340:40-7-7 and 340:40-7-8.

(3) Plan hours.The worker gathers information about the days and hours, including travel time, from the parent or caretaker to document the need factor.¢ 3

(A) When there are two parents or caretakers in the home, the worker only approves subsidized child care benefits when both parents or caretakers meet a need factor during the same hours, per OAC 340:40-7-7 and 340:40-7-8.

(B) Based on the days and hours the child requires care, the worker approves a full-time daily, part-time daily, a combination of full-time and part-time daily, weekly, or a blended unit type.¢ 4

(C) Refer to OAC 340:40-7-7(e) for plan hours concerning a child attending an Early Head Start-Child Care Partnership (EHS-CCP) grant program or an Oklahoma Early Childhood Program (OECP).¢ 4

(D) The worker does not decrease the child care plan hours because the client no longer meets a need factor or has a decreased need for child care between renewal periods, per Section 98.21(a) of Title 45 of the Code of Federal Regulations (45 C.F.R. § 98.21) and OAC 340:40-9-2(b).

(4) Alternative to subsidized child care benefits.The worker and client explore whether there is an appropriate, feasible alternative to Oklahoma Department of Human Services (DHS) subsidized child care benefits.¢ 5

(A) When the alternative is a spouse or the natural or adoptive parent of the child who lives in the home, the client must use the alternative rather than subsidized child care benefits.

(B) When the alternative is someone other than a spouse or parent of the child, the client may choose whether to use the alternative.

(5) Plan to increase income.At each application or renewal, the client and worker explore ways the client may become more self-supporting by increasing household income.Increasing household income may include pursuing a work promotion, searching for a higher paying job, or increasing job skills.The client must also pursue any identified potential income, per OAC 340:40-7-9.¢ 6

(6) Back up plan.The worker and client discuss and develop a backup plan for child care when the child cannot go to the usual provider because of illness, school holidays, or other emergencies.The backup plan includes the name and address of a person the client feels he or she can rely on when the normal plan of care cannot be used.¢ 7

(7) Choice of provider.The worker documents the choice of provider on the application or renewal form.¢ 8

(A) When the client does not choose a provider at the time of request, the worker provides the client with information to help in making the choice.¢ 9

(B) The client may choose a family child care home regardless of star level.

(C) The client may not choose a child care:

(i) facility that does not have a valid contract with DHS;

(ii) facility in which the client or his or her spouse, including the child's parent or stepparent, has an ownership interest;

(iii) home in which the child resides;¢ 10

(iv) home in which the client also works during the hours his or her child is in care;¢ 11

(v) provider who does not allow parental access during the hours the provider is caring for children;

(vi) program receiving state or federal funds, such as Head Start, Early Head Start, or public schools, and not charging all parents for the hours subsidy payment is requested.EHS-CCP grant programs and OECPs are exempt from this rule;¢ 12

(vii) provider 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;¢ 13

(viii) center, when it is a one star facility, unless there are no centers with a higher star status in the community or special exception criteria are met.Special exception criteria are:

(I) the child was approved for care prior to the provider's star status being reduced to one star.The child may remain at the facility unless the child stops attending there for more than 30-calendar days.The child may be approved at the 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 circumstances beyond the control of the family, such as the child's illness;¢ 14

(II) care is requested for a child living in the same home as a child already approved for care per (7)(C)(viii)(I) of this subsection for the same one star child care provider; or

(III) the parent or guardian demonstrates there is no other child care option that meets the family's needs; or¢ 15

(ix) in-home provider who is not related to the child.Per OAC 340:40-13-2, related means an aunt, uncle, grandparent, great grandparent, or sibling not living in the home.¢ 16

(8) Income determination.Per OAC 340:40-7, the worker determines who is considered part of the household for income determination and what income is countable or excluded.The household's countable income must not exceed the income eligibility threshold, per DHS Appendix C-4, Child Care Eligibility/Copayment Chart.

(9) Family share copayment.The worker refers to DHS Appendix C-4 to determine the family share copayment for each family.The family share copayment is applied before DHS pays a child care subsidy.¢ 17The family's copayment cost varies based on family size and income.

(A) The family share copayment is determined at approval and may not be increased until renewal, per 45 C.F.R. § 98.21(a)(3).When the worker anticipates changes in household income at approval, such as when the client started a new job and did not receive a full month's pay for the application month, the worker increases household income and the family share copayment for the next month in the certification action.All family share copayment changes made at certification are included in the approval notice(s).¢ 18

(B) When household income decreases during the eligibility period, the worker decreases the family share copayment, when applicable, per OAC 340:40-9-2(c).Following a decrease, the copayment is not increased until renewal unless the household income exceeds the income eligibility threshold, per DHS Appendix C-4.

(C) At renewal, when the family’s income exceeds the income eligibility threshold, per DHS Appendix C-4, the worker closes the child care benefits.

(10) Social services requests.When a client requests help in meeting the social services needs listed on the application or renewal, the worker provides all available information to aid a client in meeting these needs.¢ 19

(11) Client rights and responsibilities.The worker informs the client of his or her rights and responsibilities per (A) through (G) of this paragraph.

(A) A child care request is only approved back to the request date when the interview is conducted and verification is provided on the request date.

(B) The client has the right to ask for a fair hearing when the client disagrees with an action taken on his or her case, per OAC 340:2-5.¢ 20

(C) The provider may charge the client for special fees, such as enrollment or transportation fees, provided these fees are posted and also charged to families attending the facility who do not receive subsidized child care.

(D) The provider may charge the client for care provided in excess of the DHS-approved child care plan when the client chooses to leave the child in care longer.When the provider requires all children in the facility to begin care by a certain time of day and the client's child care plan hours start later, the provider must not charge the client for the additional hours.The client swipes attendance based on the child care plan hours.¢ 21

(E) The provider may charge the client for any days DHS refuses to pay for care because the:

(i) client did not swipe attendance for the correct days and times his or her child attended child care;

ii) swipes were denied and the client did not get them corrected within 10- calendar days;or ¢ 22

(iii) provider lost the absent-day payment for a child approved for a weekly unit type because the client did not swipe correct attendance for every day the child attended that month.¢ 23

(F) The provider may not charge the client for days:

(i) and hours covered in the child care plan when all attendance was correctly swiped, even when the hours are more than customary for a full-time day; and

(ii) the child is not in attendance.¢ 24

(G) The client is required to cooperate with the DHS Office of Inspector General in any audit or investigation of possible overpayments by the client or by the client's chosen provider.

INSTRUCTIONS TO STAFF 340:40-5-1

Revised 3-1-194-1-20

1.(a) The Adult and Family Services (AFS) worker helps the client become more independent by suggesting ways to increase household income and identifying strengths in the client's life.The Adult and Family Services (AFS) worker and Child Welfare Services (CWS) staff, when both are working with the family, freely share information to develop a plan that best meets the family's needs, when both are working with the family.

(b) The worker explains the importance of early childhood education and encourages the client to choose a higher star status provider.

2.(a) When the child is 4 years of age or and older, the worker asks what days and hours the child attends school to determine how many hours the client needs subsidized child care.

(b) Child care providers caring for children with disabilities are sometimes approved for a higher reimbursement rate.Refer to Oklahoma Administrative Code (OAC) 340:40-7-3 and 340:40-7-3.1 for information regarding children with disabilities and special needs rate approval.

3.(a) When the parent or a caretaker is employed, the worker accepts the client's declaration of work hours 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 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 the 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 is 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 because 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 how the work schedule and how it was verified in FACS case notes.

(c) When the client attends school or training, the client must provide a copy of his or her class schedule unless the worker is able to verify the information by phone with the school or training facility.The worker documents how the days and hours on the class schedule and how it was were verified in FACS case notes.

(d) The amount of travel time approved varies depending on what is reasonable for the client client's circumstances.The worker asks the client how much time it takes to get from the work, school, or training site to the child care facility and vice versa.When the worker approves abnormally long periods of travel time because of extenuating circumstances, such as when the client rides with another person whose schedule varies from the client, or the client lives a long distance from his or her job, the worker documents the circumstances in FACS Case Notes.

4.(a) To determine the appropriate unit type, the worker may use Oklahoma Department of Human Services (DHS) (OKDHS) Appendix C-4-C, Unit Type Chart for Child Care Authorizations.

(1) The worker approves a full-time daily unit type when care is needed more than four hours every day authorized for fewer than 15 days per month or more than 23 days per month and a weekly unit type, per (a)(4) of this Instruction is not appropriate.A non-traditional hours payment may be made in addition to the full-time daily rate, when appropriate, per (b) of this Instruction.

(2) The worker approves a part-time daily unit type when care is needed for four or fewer hours or fewer every day authorized.

(3) The worker approves a combination of full-time and part-time unit types when care is needed more than four hours for some of the days and four or fewer hours or fewer for other days.When the child is 4 years of age and older, the worker first determines if the child qualifies for a blended unit type, per (a)(5) of this Instruction, before approving a combination of full-time and part-time unit types.

(4) The worker approves a weekly unit type when the client needs child care more than four hours each day for at least 15 days and no more than 23 days per month and restrictions per (a)(4)(A) of this Instruction do not apply.

(A) The worker does not approve a weekly unit type, when:

(i) the same child uses two different child care providers;

(ii) any of the care is part-time;

(iii) the need for child care is fewer than 15 days per month or more than 23 days per month;

(iv) the client uses an in-home child care provider; or

(v) the child is approved for care on two separate cases due to a joint custody arrangement.

(B) Child care authorized with a weekly unit type is paid at a full-time daily or part-time daily rate for the days the child attends care.A non-traditional hours payment may be made in addition to the full-time daily rate when appropriate per (b) of this Instruction.

(C) An The child care provider may receive an absent-day payment is made to the child care provider for days the child does not attend care only when the child attends the minimum number of days required in the month to qualify.Refer to DHS OKDHS Appendix C-4-B, Child Care Provider Rate Schedule, to determine the minimum number of days a child must attend to qualify for an absent-day payment and the maximum number of days DHS OKDHS pays the provider

(A) The worker approves child care with a weekly unit type when the client needs child care more than four hours each day and for at least 15 days and no more than 23 days per month.The client may require care for any of the need factors, per OAC 340:40-7-7.

(B) Child care is not approved with a weekly unit type, when:

(i) the same child uses two different child care providers;

(ii) any of the care needed is part-time;

(iii) the need for child care is fewer than 15 days per month or more than 23 days per month; or

(iv) the child is using an in-home child care provider.

(C) Refer to OAC 340:40-10-4 for information about how authorizations with a weekly unit type are paid.

(D) The worker approves a weekly unit type for all 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 or OECP care hours.

(i) For example, the parent or caretaker may work part-time, but the authorization is coded with a weekly unit type so the child's care can be paid for all program hours.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.

(ii) Refer to Quest article "Early Head Start – CCP Grant Facilities" for a list of EHS-CCP grant programs.

(5) The worker approves a blended unit type for children 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 rate established by DHS OKDHS for a blended unit type is higher than for a part-time unit type and lower than a full-time unit type.The rate is based on Oklahoma State Department of Education information regarding the number of full-time and part-time days the child should need care.DHS OKDHS established two blended unit types, traditional and extended school year.The worker determines the appropriate blended unit type.

(A) The worker approves the traditional school year blended unit type 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 traditional blended unit type approval.

(i) The unit type pays the blended rate from August 16th through May 15th of each year.

(ii) During the summer months, when the child continues to attend the same child care facility, the provider is paid the full-time daily rate with an absent-day payment when applicable.

(iii) The Information Management System (IMS) continues to show 23B during the summer, but for payment purposes the electronic benefit transfer (EBT) system pays a weekly unit type.

(B) The worker approves the extended school year blended unit type when the child attends a school with a year round or a continuous learning calendar.Authorizations coded with the extended school year blended unit type receive the extended school year rate for the entire calendar year.The child care facility must be open during school holidays and breaks including fall, Christmas, spring, and the summer breaks break.

(C) A blended unit type is not appropriate, when:

(i) the child requires more full-time care days in addition to school holidays during the school year;

(ii) the child does not need care for school holidays;

(iii) the child requires more full-time care days in addition to school holidays;

(iv)(iii) the child uses a different child care facility for school holidays;

(v)(iv) the child care facility is not open on school holidays;

(vi)(v) only part-time care is needed;

(vii)(vi) more than one child care facility is needed for the child; or

(viii)(vii) the child qualifies for a special needs or an in-home child care rate; or

(viii) the child is approved for care on two separate cases due to a joint custody arrangement.

(6) Care may only be authorized at one facility per day per child.

(A) The client may use two different providers for the same child when the client uses the second provider on different days of the week.

(B) The total number of units or days authorized for both providers may not exceed the maximum that would be authorized when care is only needed at one provider.For example, the client uses one provider three days per week and another provider two days per week.In this instance, the maximum number of days the worker would approve one provider is 23 days per month so the maximum combined number of days the worker approves care totals approved for two providers cannot exceed 23 days per month.

(7) A child care plan is normally not approved to cover an entire 24-hour calendar day.When, due to the nature of the parent or caretaker's work, he or she leaves the child in child care over 24 hours on an occasional basis; the worker may authorize child care after receiving approval from AFS Child Care Subsidy staff.

(b) OKDHS established a non-traditional hours payment, effective April 1, 2020, per OKDHS Appendix C-4-B that is paid in addition to the typical full-time payment for:

(1) Monday through Friday care, when:

(A) the child is approved for a full-time or weekly unit type;

(B) the child attends child care full-time; and

(C) at least two of the care hours attended for the day fall between 6:00 pm and 6:00 am; or

(2) weekend care, when the child:

(A) is approved for a full-time or weekly unit type; and

(B) attends more than four hours per day.

(c) Refer to OAC 340:40-10-4 for information on how child care providers are paid for care.

5.The purpose of discussing alternative care with the client is to help the client consider other possibilities to purchased care that may be more suitable for the child.When another adult, is living in the home who is not a spouse or a natural or adoptive parent of the child lives in the home, he or she may refuse to care for the child.When the client states a spouse living in the home is unable to care for the child, refer to OAC 340:40-7-8(f) for required information to approve preventive or protective child care.

6.The worker refers the client to other agencies for help when appropriate.Possible referral sources include:

(1) the Oklahoma Employment Security Commission;

(2) a Workforce Innovation and Opportunity Act (WIOA) contracted entity;

(3) Workforce Oklahoma Centers;

(4) the local technology center;

(5) a community college;

(6) the Social Security Administration; or

(7) the Department of Veterans Affairs.

7.Helping the client plan in advance for emergencies when a child cannot go to child care may help the client keep a his or her job.

(1) Persons who may be willing to provide child care in an emergency include relatives, friends, or neighbors.

(2) The client may explore other alternatives with his or her employer, such as working from home or working additional hours after the emergency is resolved.

8.When the client chooses to use a relative as a provider, the worker checks the "relative indicator" field on the Auth. Daycare tab in FACS.

9.Refer to OAC 340:40-13-1 for information regarding out-of-home and in-home child care arrangements.Information the worker gives the client to help him or her make this choice, includes:

(1) the name and address of the area Child Care Resource and Referral agency for the county.The information is listed in the pamphlet, DHS OKDHS Pub. No. 98-09, "Oklahoma Child Care Resource & Referral Association, Inc. – Your Child Care Resource";

(2) a list of contracted providers.The worker obtains a list by searching the Child Care Locator database available on the InfoNet under DHS OKDHS Tools and Resources.The worker prints a list of all one plus and higher star child care centers and all child care homes that meet the client's search criteria. When there are no one plus and higher star centers in the community, the list includes the one star centers;

(3) how to request case summaries of potential providers from Child Care Services (CCS) licensing staff or make an appointment to look at the licensing files;

(4) explaining the "star" facility's star status of a facility is an indicator the facility meets additional quality criteria.The worker informs the client care is not approved at a one star child care center unless there are no one plus and higher star centers in the community or the client meets exception criteria, per OAC 340:40-5-1(7)(C)(viii).AFS Child Care Subsidy staff must approve an exception.The client may choose a family child care home regardless of the star level.OAC 340:110-1-8.3 describes provider certification for different star levels; and

(5) giving the client all or some of the pamphlets CCS produces to help clients choose quality care, which are:

(A) DHS OKDHS Pub. No. 01-18, "Look for the Stars When Choosing Child Care";

(B) DHS OKDHS Pub. No. 98-09, "Oklahoma Child Care Resource & Referral Association, Inc. – Your Child Care Resource";

(C) DHS OKDHS Pub. No. 87-91, "Parent's Guide to Selecting Quality Child Care"; and

(D) DHS OKDHS Pub. No. 02‑06, "Paying for Child Care Just Got Easier."

10.An exception may be made when a child attends the child care home immediately prior to the child care home provider becoming the child's foster parent, per OAC 340:75-7-65(c)(3).

11.In rare instances, such as the child's special health needs, an exception may be granted by AFS Child Care Subsidy staff.To request approval, the worker sends an email to daycare@okdhs.org.The email must include why the client is unable to use a different child care provider.When approved, AFS Child Care Subsidy staff documents the approval in FACS case notes and sends an approval letter to the provider.

12.(a) Programs receiving federal grant funds, such as Head Start or Early Head Start (EHS) and public schools receiving state funds for education may receive subsidy funds only when all parents are charged for the hours subsidy payment is requested.The worker approves the appropriate unit type based on the parent's schedule and the number of subsidy hours needed.

(b) Due to efforts to increase the availability of high quality child care for low income families, a child attending an EHS-CCP grant program or an OECP is approved with a weekly unit type as long as the parent meets a need factor for some of the EHS-CCP or OECP care hours.Refer to Quest article "Early Head Start – CCP Grant Facilities" for a list of EHS-CCP grant programs.

(c) When there is a tribal child care program in the county for which the client might qualify, the worker asks the client if he or she is receiving subsidized child care benefits from the tribe.

(1) The client cannot receive benefits from the tribe and DHS OKDHS for the same need factor.

(2) When the client needs child care for different services, it is acceptable for the tribe to cover the cost of one service while DHS OKDHS pays for the other service, such as when the client works and goes to school.When the tribe pays the cost of child care while the client works, the worker may approve child care through DHS OKDHS for the hours the client attends school.

(3) When the client chooses to receive DHS OKDHS subsidized child care, the same rules governing other clients apply to this client as well.

(4) The child care provider must not file a claim with DHS OKDHS and a tribe for the same need factor.

13.(a) A child receiving home schooling must receive instruction from his or her own parent or caretaker except for the time a tutor might be hired.

(b) A child care provider must not be approved to provide child care in order to home school someone else's child.

(c) The worker must not approve a school age child for child care in order for the parent or caretaker to work or attend school during hours public or private school is in session because he or she wants to home school the child during the evening.

(d) School age is defined as a child enrolled in kindergarten through 12th grade.

(e) Exception:a provider may be approved to provide child care for a school age child during the hours public or private school is in session when a 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 there is no other educational alternative available to the child.

14.The school break may be due to the parent's or child's school schedule.

15.(a) Prior to granting an exception, the worker gives the parent or caretaker a list of contracted one plus and higher star centers, and when the client wants to use a child care home, all contracted child care homes that meet the client's search criteria.The client is not required to choose a one plus and higher star child care home before considering a one star center when the client states he or she does not want to use a child care home.

(1) When there are no one plus and higher star centers in the community, the list includes one star centers and an exception is not required.The worker then images the list to the case record.

(2) The worker uses the Child Care Locator, available on the InfoNet under DHS OKDHS Tools and Resources, to generate the list.

(3) The worker instructs the parent or caretaker to contact all providers on the Child Care Locator list to determine if care is available during the hours needed.The client notes on the list why care is not available at these locations or why the provider does not meet the client's needs.The Child Care Locator list must be imaged to the case record.

(4) When the client is unable to find suitable care from the providers on the list, the worker reviews the client's notes and documents in FACS Case Notes his or her opinion regarding when an exception may be granted.

(5) Exceptions may be granted when none of the providers on the client's list:

(A) have an opening during the times care is needed.For example, the client works during the evening or overnight and no one provides care during those hours;

(B) are willing to meet the child's special needs.For example, the other providers are unable to meet the needs of a child with disabilities or provide transportation to and from the child's school; or

(C) are a reasonable distance from the parent's or caretaker's home due to transportation issues.

(b) When the worker agrees an exception is warranted under (a) of this Instruction, he or she emails AFS Child Care Subsidy staff at daycare@okdhs.org to request exception approval.When the exception is approved by AFS Child Care Subsidy staff, the worker gives the parent or guardian a list of one star center providers.When the client finds a one star center that meets the family's needs, the worker approves the one star center on the system and emails AFS Child Care Subsidy staff at daycare@okdhs.org to request override of the one-star edit.

16.Refer to OAC 340:40-13-2 for information regarding in-home child care arrangements.

17.(a) In the Household tab in FACS, the worker chooses "social services" in the "benefit" field F24 and "added to benefit section" in the "status" field F25 to only add the child approved for child care.All other household members are shown as "not included in benefit.Income and resources are considered in benefit computation" in the "status" field F25.The system calculates the family share copayment based on information entered in the Household and Income tabs of FACS and is shown in the "Family Copay" field E53 in the Child Care tab.The system maps this family share copayment to the "copay" field K70 of the authorization section when a change action is entered in the Child Care tab.The family share copayment is never prorated.

(b) The system is only able to calculate one family share copayment per case record.When the client's income must be considered for some, but not all children requesting child care, separate case records must be established.

(1) Examples of situations when the client's income is not considered include, when:

(A) a child receives Supplemental Security Income (SSI) or Temporary Assistance for Needy Families (TANF) and is pre-determined eligible with a zero copayment, per OAC 340:40-7-1;

(B) a child is adopted and meets all five conditions, per OAC 340:40-7-12(6);

(C) the client is not legally and financially responsible for the child, per OAC 340:40-7-6(b)(2); or

(D) at least one child in the household attends an EHS-CCP grant program or an OECP and meets conditions, per OAC 340:40-7-12(7).

(2) The client may choose to include all children and all countable household income on one case when doing so allows every child needing child care to be income eligible.An example may include when one or more children are not income eligible unless the family size increases by including the child eligible for a zero copayment.

(3) When two case records are established, the worker documents in FACS Case Notes the:

(A) reason two case records must be established;

(B) income considered or excluded in each case; and

(C) names of the children approved for child care benefits in each case record.

(c) The family share copayment is assigned to one provider per case.When the family uses more than one provider is used by the family, the worker determines which assigns the family share copayment to the provider that gives the most costly care to the family.The worker uses DHS OKDHS Appendix C-4-B, Child Care Provider Rate Schedule, to determine the daily rate for each child based on the child's age, child care plan, and the facility's star status.The worker adds the monthly cost of care per child and then per provider.The worker assigns the family share copayment the to determine which provider giving gives the most care that results in the highest total cost to DHS OKDHS.

(1) The worker chooses N for non-exempt in the "copay exempt" field K78 of the Auth. Daycare tab for each authorization approved for the provider giving the most costly care to the family.

(2) For all other providers, the worker chooses S for second provider in field K78 "co-pay exempt."

(3) The system maps the entire family share copayment to each child's authorization where the "copay exempt" field is marked N and maps a zero copayment to each authorization marked S in the "copay exempt" field.

(4) The authorization(s) for the non-exempt provider must be open on the system without edits before the worker enters the authorization(s) for the provider exempted from copay.When the worker tries to enter both authorizations at the same time, the authorization coded S in K78 edits as it cannot find an open authorization for another provider.

(d) When a family member enters or leaves the household, the system recalculates the family share copayment after the worker enters a change action in the Child Care tab.The system allows a decrease in the family share copayment, but not an increase during the 12-month eligibility period.Refer to OAC 340:40-9-2 for information about changes in family size.

(e) The entire monthly family share copayment appears on the tape from the point-of-service (POS) machine each time the client swipes attendance at the child care facility.

(f) When a child is removed from licensed child care, the worker assesses if the child's current care arrangement places the child at risk of abuse, neglect, or exploitation.The worker makes a referral to CWS when appropriate.

(g) Refer to OAC 340:40-7-11(c)(5) for information on court-ordered child care payments and third party child care payments made directly to the child care provider.

(h) Refer to OAC 340:40-9-2(e) for information regarding the family share copayment calculation of the family share copayment when the client changes child care providers.

18.The worker uses the unfinished issuance process to adjust the household income and family share copayment.Refer to OAC 340:40-7-10(c) for how income from a new source is considered at application and OAC 340:40-7-13(d) and ITS # 89 when a new source of income is reported at renewal.For unfinished issuance coding instructions, refer to the Unfinished Issuance Examples & Coding article in Quest.

19.Each county office maintains a current list of community resources for referral purposes.Before sending the client to a specific agency, the worker calls the agency to confirm that the type of help needed is available.

(1) When the client requests information to prevent domestic violence or child abuse, the worker determines whether to complete a CWS referral.When a CWS referral is necessary, the worker contacts the Child Abuse and Neglect Hotline at 1-800-522-3511.

(2) When the worker is uncertain how to handle questions or other social service needs mentioned by a client, the worker seeks help from his or her supervisor, or other county office staff.

20.The applicant may request a fair hearing because of actions taken on a child care request as well as a child care application.

21.(a) When the provider requires all children be in attendance by a certain time every morning regardless of the client's work or school schedule, the provider may not charge the client for those the additional hours.

(1) Reasons the provider may give for this requirement include limiting disruptions to program content so all children participate fully in the quality content of the child care program or to reduce the provider's transportation costs for the provider.

(2) For example, when the client's work or school schedule does not begin until 11:00 a.m., but the provider requires attendance by 9:00 a.m., the client swipes attendance by entering a previous in for 11:00 a.m. on the POS machine when the child is picked up at the end of the day.

(b) When the client chooses to drop the child off at the child care provider earlier than the approved plan of service hours or leaves the child later for personal reasons, the provider may charge the client for the additional hours.

22.The worker emphasizes, to the client, the importance of checking for an approval message on the POS machine and immediately reporting any pending or denied messages to his or her worker.The video the client must watch emphasizes this responsibility.

23.Refer to DHS OKDHS Appendix C-4-B for information about weekly unit types and absent-day payments, and refer to OAC 340:40-10 for EBT information.

24.Refer to OAC 340:40-13-5(h) for a list of provider contract violations.

SUBCHAPTER 10. ELECTRONIC BENEFIT TRANSFER (EBT) SYSTEM FOR CHILD CARE

340:40-10-4. Child care electronic benefit transfer (EBT) payment process

Revised 6-1-114-1-20

(a) Child care payments.The Oklahoma Department of Human Services (OKDHS) makes electronic payments, using the electronic benefit transfer (EBT) system, for child care services to child care providers, electronically using the electronic benefit transfer (EBT) system unless the provider is an in-home provider except for in-home providers.These In-home providers are paid manually via the EBT system, after submitting Form 10AD121E, Child Care Claim.¢ 1

(b) Point-of-service (POS) machines.Contracted child care providers are issued a POS machine within ten 10-calendar days of the date the worker authorizes care for a child and the provider notifies the OKDHS contractor that he or she is beginning to care for a child eligible for an OKDHS subsidy.¢ 2

(c) Attendance swiping.Clients record actual times their child attends child care by swiping an EBT card through the POS machine.Providers can charge clients for care provided on days they fail to bring their EBT card or when the machine message shows care is denied.If care When swiped attendance is later approved for that date(s) those days at a later time, the provider must reimburse the client for the cost of any care he or she paid paid for by the client above the family share co-payment copayment amount.

(1) Providers must monitor the POS machine to ensure correct attendance times are recorded.If When incorrect times are recorded, the provider can void the incorrect transaction and ask the client to start over.¢ 3

(2) When clients forget to swipe their EBT card for a day their child attends care, record incorrect times that are voided by the provider, or receive a denied error message, the system allows the client to swipe previous in and out times for the current day and the nine previous nine days.

(3) Based on attendance recorded and the level of care authorized, electronic settlements to providers are made weekly.

(d) EBT payment week.The EBT payment week begins every Sunday at 12:01 a.m. and ends every Saturday at midnight.Electronic settlements are made each week in the provider's designated financial institution account on Tuesday morning for services provided two weeks prior to the current week.If When the financial institution is closed on Monday or Tuesday or Monday is for a bank holiday, the electronic settlement is deposited on Wednesday morning.

(e) Manual claims process.When the provider reports he or she was not paid correctly, the provider may submit Form 10AD121E or ask the client's worker to submit Form 10EB004E, Report of Electronic Benefits Transfer (EBT) Child Care Payment Adjustments, to the Financial Services Electronic Payment Services (EPS) Unit of the Finance Division for to request a manual adjustment.¢ 4EPS staff evaluate evaluates whether to adjust payment to the provider, based on the reason care was not paid electronically.

(1) If EPS staff does not make a manual payment adjustment when the client did not attempt to record attendance electronically, no payment is made to the provider for days swipes are not recorded unless extenuating circumstances beyond the client's or provider's control exist.These The extenuating circumstances must be documented on Form 10AD121E.¢ 5

(2) If EPS staff makes manual payment adjustments when the:

(A) the client swiped correct attendance times but swipes were denied in error, EPS staff makes manual adjustments.;¢ 6

(3)(B) If the family share co-payment copayment applied by the EBT system was incorrect, EPS staff makes manual adjustments.; or¢ 7

(4)(C) If the provider was paid the wrong rate because of incorrect coding of the child care plan, an incorrect the child's birth date shown for a child, or an incorrect the provider's star status paid, EPS staff makes manual adjustments was incorrectly coded.¢ 8

(f) Absent-day payments.Providers can be paid an absent-day payment for a child children authorized for a weekly unit type who misses miss some days of scheduled attendance and is authorized for a weekly unit type for the month when they attend at least the minimum number of full-time days required for that month, per OKDHS Appendix C-4-B, Child Care Provider Rate Schedule.An absent day payment is electronically deposited in the provider's account in their weekly settlement received after the tenthof the month following the month care was given.To be eligible to receive this additional payment, the child must be approved for a weekly unit type and attend the minimum number of full-time days shown on OKDHS Appendix C-4-B, Child Care Provider Rate Schedule, for that month.The provider is Providers are not eligible for an absent-day payment if the child did for children who do not attend the minimum number of full-time days required for that calendar month or attended who attend the maximum days paid also shown on for the month, per OKDHS Appendix C-4-B.Absent-day payments are electronically deposited into eligible providers' accounts in the weekly settlement they receive after the 10th of the month following the month care was given.¢ 9

(g) Non-traditional hours payments.Providers can be paid a non-traditional hours payment in addition to the payment for full-time care, per OKDHS Appendix C-4-B.Non-traditional hours payments are electronically deposited into eligible providers' accounts in the weekly settlement they receive after the 10th of the month following the month care was given.Non-traditional hours payments are made for:

(1) Monday through Friday care, when the child:

(A) is approved for a full-time or weekly unit type;

(B) attends full-time; and

(C) at least two of the care hours attended for the day fall between 6:00 p.m. and 6:00 a.m.; or

(2) weekend care when the child:

(A) is approved for a full-time or weekly unit type; and

(B) attends more than four hours per day.

INSTRUCTIONS TO STAFF 340:40-10-4

Revised 11-1-134-1-20

1.In-home providers are not issued point-of-service (POS) machines.Staff in Adult and Family Services (AFS) Child Care Subsidy staff mails paper copies of Form 10AD121E, Child Care Claim, to each in-home provider when he or she is first approved for a contract.The in-home provider contacts staff in AFS Child Care Subsidy staff when the provider needs additional supplies of this form forms are needed or prints copies from the Provider Web at www.ebt.acs-inc.com/provider/ok.

2.(a) The telephone phone number for Xerox Conduent, the electronic benefit transfer (EBT) contractor, is in the may be found on the on-line provider handbook issued to new providers when their contract is approved.Refer to OAC Oklahoma Administrative Code 340:40-13-5 for contracting information.

(b) AFS Child Care Subsidy staff contacts staff in the Financial Services Electronic Payments Systems (EPS) Unit to report any delay in POS machine installation.

3.Providers may only void transactions for care given on the current day and the previous nine days.

4.(a) EPS staff makes payment adjustments once payments are made for the time period for which the manual adjustment is requested.

(b) The provider completes Form 10AD121E when swipes are denied and not corrected by the client within 10-calendar days or due to extenuating circumstances, attendance information was not entered in the system.Extenuating circumstances may include when:

(1) swipes are denied and cannot be corrected by the client within 10-calendar days because of worker delay in application approval; or

(2) care is authorized and provided, but attendance information cannot be entered into the system because Xerox Conduent did not install a POS machine timely.

(c) The worker completes Form 10EB004E, Report of Electronic Benefits Transfer (EBT) Child Care Payment Adjustments, when attendance is correctly recorded but the worker determines the provider is not being paid correctly.

(1) Prior to completing Form 10EB004E, the worker makes changes to the family share co-payment copayment or the authorization for the current month, when appropriate.This may reduce or eliminate the need for an adjustment.

(2) After submitting Form 10EB004E to EPS staff, the worker documents in case notes what month(s) is included in the supplement, the reason the form Form 10EB004E was needed, and the date it was submitted.

5.Extenuating circumstances may include worker or system errors.The provider must give a detailed explanation of why it was beyond the client's control to record attendance on Form 10AD121E why it was beyond the client's control to record attendance.

6.This may occur when child care benefits are reopened more than 10-calendar days after the effective closure date.The provider must submit Form 10AD121E to EPS to request the payment adjustment.

7.This may occur when the client reports income terminated or reduced after the month starts.The worker changes the income on the case for the current month so the system reflects the correct co-payment copayment.When too much co-payment has been copayment was applied, the worker sends Form 10EB004E to EPS to request a payment adjustment.After submitting the form Form 10EB004E to EPS staff, the worker documents in case notes what month(s) is included in the supplement, the reason the form was needed, and the date it was submitted in Family Assistance/Client Services (FACS) case notes.

8.When there is a problem with the rate the provider was paid, the worker sends Form 10EB004E to EPS requesting a payment adjustment after correcting the problem.For a star status problem, the worker submits a Remedy ticket to the AFS Help Desk to push the authorization across to the EPPIC system.When the birth date, number of units, or unit type is incorrect, the worker corrects the case before submitting Form 10EB004E.After submitting the form to EPS staff, the worker documents in case notes what month(s) is included in the supplement, the reason the form was needed, and the date it was submitted in FACS case notes.

9.The DHS OKDHS Appendix C-4-B, Child Care Provider Rate Schedule, shows the minimum number of days a child with a weekly unit type must attend to receive an absent-day payment.For example, a child approved for a weekly unit type must attend a minimum of 15 full-time days in a 30-day month to qualify for an absent-day payment.When the child attends exactly 15 days, the provider receives an absent-day payment for seven days of care.When the child attends 22 days of care, no an absent-day payment is not made since the provider received the maximum payment for that month.

SUBCHAPTER 13. CHILD CARE RATES AND PROVIDER ISSUES

340:40-13-3. Child care payments and rates

Revised 10-1-164-1-20

(a) The Oklahoma Department of Human Services (DHS) (OKDHS) contracts to purchase out-of-home child care services for children only with licensed providers who:

(1) post rates and fees;

(2) sign and comply with all the terms of Form 08CC001E, Child Care Provider Contract;

(3) have participated in mandatory contract training; and

(4) have access to an account at a financial institution for electronic benefit transfer (EBT) purposes.

(b) Per Section 85.44B of Title 74 of the Oklahoma Statutes, DHS OKDHS cannot make advance payments to child care providers.

(c) The rates paid by DHS OKDHS are described on DHS OKDHS Appendix C-4-B, Child Care Provider Rate Schedule, and determined by:

(1) the child's age;

(2) the settings in which the care is provided, include:

(A) the child's own home;

(B) a child care center; or

(C) a child care home;

(3) whether the child has disabilities and the provider is approved for the special needs rate unit type.The special needs rate is added to the applicable rate a child care provider receives for a typical child of the same age after the Form 08AD006E, Certification for Special Needs Child Care Rate, Certification for Special Needs Licensed Child Care Rate for Licensed Child Care Homes and Centers, approval process is followed;¢ 1

(4) whether the care is provided full-time, over four hours per day,; or part-time, four or fewer hours or fewer per day;

(5) whether the worker approves a full-time daily, part-time daily, a combination of full-time and part-time daily, blended, or a weekly unit;¢ 2

(6) the county in which the provider is located; and

(7) whether the facility qualifies for a differential quality rate; and

(7) whether the care is provided during non-traditional hours.¢ 3

(d) The in-home child care rate is paid for children cared for in their own homes.The in-home rate is shown on DHS OKDHS Appendix C-4-B for the child's age.If When a child is eligible for the severe or moderate special needs rate, this additional amount is added to the applicable in-home rate for that child.¢ 34

(e) When the child is cared for in an out-of-home child care center or home, the allowable rate is the amount as shown on DHS OKDHS Appendix C-4-B.

(f) Care may only be authorized at one facility per day per child.If When the client uses care at two different providers for the same day for the same child, DHS OKDHS staff approves care at only one of the facilities facility.The parent or caretaker may use care at two different providers for the same child when care is needed on different days of the week.¢ 45

(g) Charges are authorized and payment is made only when the care provided is in accordance with the jointly developed child care plan between the client and DHS OKDHS.

(h) Age-driven rate changes are effective the first of the month following the child's birth date.¢ 56

(i) A change to add the higher special needs rate to the applicable daily rate is effective the first of the month following the month eligibility for this rate is determined.¢ 67

(j) A child care provider may be approved for a differential quality rate if he or she meets the criteria for this rate.This rate is approved effective the first of the month following the month Oklahoma OKDHS Child Care Services licensing staff approves the provider for the rate, per Oklahoma Administrative Code 340:110-1-8.3.The rate is Rates are designated by star status on DHS OKDHS Appendix C-4-B by its star status.¢ 78

INSTRUCTIONS TO STAFF 340:40-13-3

Revised 10-1-164-1-20

1.Refer to Oklahoma Administrative Code (OAC) 340:40-7-3.1 for information about Form 08AD006E, Certification for Special Needs Child Care Rate, Certification for Special Needs Child Care Rate for Licensed Child Care Homes and Centers, the special needs approval process.Until the entire process is completed, the worker approves the child at the usual rate for a typical child of the same age.The provider must keep a copy of each completed and approved Form 08AD006E, Certification for Special Needs Rate for Licensed Child Care Homes and Centers, at the facility.

2.(a) To help determine the appropriate unit type, the worker may use Oklahoma Department of Human Services (DHS) (OKDHS) Appendix C-4-C, Unit Type Chart for Child Care Authorizations.The worker chooses the most appropriate unit type described in (b) through (f) of this Instruction based on the amount of care required, not by the reason care is needed.

(b) The worker authorizes a daily part-time unit type when care is needed four or fewer hours or fewer every authorized day.

(c) The worker authorizes a daily full-time unit type when care is needed more than four hours every day authorized and the child does not qualify for weekly unit type.

(d) The worker approves a combination of full-time and part-time unit types when care is needed four or fewer hours or fewer for some of the days and more than four hours for other days.When the child is 4 years of age or and older, the worker first determines whether if the child qualifies for a blended unit type before approving a combination of full-time and part-time unit types.

(e) Care authorized on for a weekly unit type is paid at a full-time daily or part-time daily rate for the days the child attends care.An absent-day payment may be made to the child care provider for days the child does not attend care, only when the child attends the minimum number of days required in the month to qualify.Refer to DHS OKDHS Appendix C-4-B, Child Care Provider Rate Schedule, to determine the minimum number of days a child must attend to qualify for an absent-day payment and the maximum number of days DHS OKDHS pays the provider.

(1) The worker approves a weekly unit type when the client needs child care more than four hours each day and for at least 15 days and no more than 23 days per month.

(2) Care is not approved for a weekly unit type when:

(A) the same child is using two different child care providers;

(B) any of the care is needed part-time;

(C) the need for child care is fewer than 15 days per month or more than 23 days per month;

(D) the child is using client uses an in-home child care provider; or

(E) the child is receiving approved for care on two separate cases due to a joint custody arrangement.

(f) The worker approves a blended unit type for children 4 years of age and older during the school year when care is needed Monday through Friday part-time for days school is in session and full-time for school holidays.DHS OKDHS established two blended unit types, traditional and extended school year.The worker must determine which blended unit type is appropriate.

(1) The worker approves the traditional school year blended unit type 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.

(A) This unit type pays the traditional blended rate from August 16th through May 15th of each year.

(B) During the summer months, when the child continues to attend the same child care facility, the provider is paid the full-time daily rate with an absent-day payment, when applicable.

(C) The system continues to show 23B during the summer but for payment purposes the electronic benefit transfer system pays a weekly unit type.

(D) If When a weekly unit type is not appropriate for the summer because the child does not require full-time care at least 15 days and no more than 23 days per month, the worker changes the unit type to match the needs of the child or closes the authorization when care is not needed.

(2) The worker approves the extended school year blended unit type when the child attends a school with a year-round or a continuous-learning calendar.Authorizations coded with the extended school year blended unit type receive the extended school year rate for the entire calendar year.The child care facility must be open during school holidays and breaks including fall, Christmas, spring, and summer breaks break.

(3) A blended unit type is not appropriate when:

(A) the child requires more full-time care days in addition to school holidays during the school year;

(B) the child does not need care for school holidays;

(C) the child uses a different child care facility for school holidays;

(D) the child care facility is not open on school holidays;

(E) only part-time care is needed;

(F) more than one child care facility is needed for the child;

(G) the child qualifies for a special needs or an in-home child care rate; or

(H) the child receives care on two separate cases due to a joint custody arrangement.

(g) When a blended, part-time, or full-time unit type is authorized, DHS OKDHS only pays for those the days the child actually attends child care.When a weekly unit type is approved, DHS OKDHS pays for absent days per month as shown on DHS OKDHS Appendix C-4-B.

(h) Refer to OAC 340:40-5-1 for information regarding completing a child care plan of service and OAC 340:40-7-7 for information on determining the need factor for child care.

3.A non-traditional hours payment of $14 per day can be made in addition to the payment for full-time care.Non-traditional hours payments are made for:

(1) Monday through Friday care, when:

(A) the child is approved for a full-time or weekly unit type;

(B) the child attends child care full-time; and

(C) at least two of the care hours attended for the day fall between 6:00 p.m. and 6:00 a.m.; or

(2) weekend care, when the child:

(A) is approved for a full-time or weekly unit type; and

(B) attends more than four hours per day.

34. Refer to OAC 340:40-13-1(b) and 340:40-13-2 for information regarding approving an in-home child care provider.Refer to OAC 340:40-7-3.1 for procedures to approve the moderate or severe special needs rate.

45. Care may only be authorized at one facility per day per child.When the client advises informs the worker that he or she plans to use two different providers for the same child, the worker determines what days of the week care is needed at each provider.When care is needed on for different days, the worker can authorize care at both providers.Authorizations The amount of care authorized for both providers cannot exceed the maximum that would be authorized if care were only needed at one provider.For example, the client wants to use uses one provider three days per week and another provider two days per week.The maximum number of days the worker approves for care totals would approve for one provider is 23 days per month, so the maximum combined days approved for two providers cannot exceed 23 days per month.

56.Refer to OAC 340:40-7-3 for age requirements.

67.Refer to OAC 340:40-7-3.1 for information on the special needs rate approval process for child care home and center providers.Refer to and OAC 340:40-13-2(g) for information on the special needs approval process for in-home child care providers.When the provider does not qualify for this the higher rate, the worker may authorize child care with a part-time daily, full-time daily, blended, or a weekly unit type for this provider.

7.Refer to OAC 340:110-1-8.3 for information on the criteria Child Care Services licensing staff uses to approve this differential quality rate.

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