COMMENT DUE DATE:
February 3, 2009
DATE:
January 20, 2009
Laura Brown FSSD (405) 521-4396
Dena Thayer PMU Manager (405) 521-4326
Pat McCracken PMU Specialist (405) 522-1017
RE:
APA WF 08-26
The proposed policy is Permanent . This proposal will go to the Commission meeting on
Chapter 40.CHILD CARE SERVICES SUBSIDY PROGRAM
Subchapter 9. Procedures Relating to Case Changes
OAC 340:40-9-1 [INSTRUCTIONS TO STAFF ONLY REVISED]
Subchapter 13. Child Care Rates and Provider Issues
OAC 340:40-13-1 [AMENDED]
OAC 340:40-13-2 [AMENDED]
(Reference APA WF 08-26)
SUMMARY:The proposed revisions to Subchapter 13 of Chapter 40 amend the rules to: (1) move rules regarding the guidelines for use and approval of in-home child care from OAC 340:40-13-1 to OAC 340:40-13-2; (2) remove the requirement for an in-home provider to watch a training video prior to approval as the video doesn't relate to the in-home situation; (3) remove the exception allowing an in-home provider to be a member of the child's household; (4) change approval rights of an in-home child care provider from the county director to the Family Support Services (FSSD) Child Care Subsidy Section; (5) add the requirement that a caregiver must provide photo identification (ID) and a Social Security number (SSN) before being approved as an in-home provider; (6) change initial training requirements once a caregiver is approved as an in-home provider; and (7) update and reorganize language for clarity.
OAC 340:40-9-1 Instructions to staff is amended to: (1) change the term food stamps to food benefits; and (2) update language regarding benefit reporters to current procedures including systems processes and how to handle changes in provider.
OAC 340:40-13-1 is amended to: (1) remove language regarding the guidelines for use and approval of in-home child care; and (2) remove the requirement for the in-home provider to watch a training video prior to approval.
OAC 340:40-13-2 is amended to: (1) remove the exception allowing an in-home provider to be a member of the child's household; (2) add guidelines for use and approval of in-home child care that were removed from 340:40-13-1; (3) change approval rights of an in-home child care provider from the county director to the FSSD Child Care Subsidy Section; (4) add the requirement that a caregiver provide photo identification and a social security number before being approved as an in-home provider; (5) change initial training requirements once a caregiver is approved as an in-home provider; and (6) change paragraph headings and where information is located for clarity.Instructions to staff amended to: (1) add clarification that a caregiver can bring his or her own children to the client's home if approved by the client; (2) change the name of the Oklahoma State Bureau of Investigation form and add more information regarding use of the form; and (3) add a time frame for when FSSD Child Care staff must send initial training material to the in-home provider.
PERMANENT RULEMAKING APPROVAL IS REQUESTED.
LEGAL AUTHORITY:Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution, Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law (P.L.) 104-193; the Balanced Budget Act of 1997, P.L. 105-33; and 45 Code of Federal Regulations (CFR) Parts 98 and 99.
| OKLAHOMA DEPARTMENT OF HUMAN SERVICES Rule Impact Statement |
To:Dena Thayer, Programs Administrator
Policy Management Unit
From:Mary Stalnaker, Division Director
Family Support Services Division
Date:January 16, 2009
Re:Chapter 40.CHILD CARE SERVICES SUBSIDY PROGRAM
Subchapter 13. Child Care Rates and Provider Issues
OAC 340:40-13-1 [AMENDED]
OAC 340:40-13-2 [AMENDED]
(Reference APA WF 08-26)
Contact:Laura Brown, 405-521-4396
A.Brief description of the purpose of the proposed rule:
Purpose.The proposed revisions to Subchapter 13 of Chapter 40 amend the rules to: (1) move rules regarding the guidelines for use and approval of in-home child care from OAC 340:40-13-1 to OAC 340:40-13-2; (2) remove the requirement for an in-home provider to watch a training video prior to approval as the video doesn't relate to the in-home situation; (3) remove the exception allowing an in-home provider to be a member of the child's household; (4) change approval rights of an in-home child care provider from the county director to the Family Support Services (FSSD) Child Care Subsidy Section; (5) add the requirement that a caregiver must provide photo identification (ID) and a Social Security number (SSN) before being approved as an in-home provider; (6) change initial training requirements once a caregiver is approved as an in-home provider; and (7) update and reorganize language for clarity.
Strategic Plan impact.The proposed rules support the Oklahoma Department of Human Services (OKDHS) goal of continuously improving systems and processes to achieve OKDHS goals.
Substantive changes.
340:40-13-1 is amended to: (1) remove language regarding the guidelines for use and approval of in-home child care; and (2) remove the requirement for the in-home provider to watch a training video prior to approval.
340:40-13-2 is amended to: (1) remove the exception allowing an in-home provider to be a member of the child's household; (2) add guidelines for use and approval of in-home child care that were removed from OAC 340:40-13-1; (3) change approval rights of an in-home provider from the county director to the FSSD Child Care Subsidy Section; (4) add the requirement that a caregiver provide photo ID and a SSN before being approved as an in-home provider; (5) change initial training requirements once a caregiver is approved as an in-home provider; and (6) update and reorganize language for clarity.
Reasons.The proposed revisions provide staff with clearer rules to facilitate the accurate delivery of benefits and services to persons who are in need which includes moving sections of the policy to more appropriate locations so it is easier for staff to find as well as removing any exceptions to the rules about who may provide in-home child care.Rules are also updated to move the approval process and responsibility for providing initial training materials to the FSSD Child Care Subsidy Section for better management of the process.Additional requirements added for a caregiver to provide a photo ID and a SSN to better ensure who OKDHS contracts with.The rule requiring an in-home provider to view a training video was removed as the training video does not relate to in-home providers.
Repercussions. The proposed rules give staff a clearer understanding of the guidelines for use and approval of in-home child care applications.If the proposed revisions are not implemented, staff may not properly process in-home applications and may cause errors if cases are audited.
Legal authority. Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution, Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law (P.L.) 104-193; the Balanced Budget Act of 1997, P.L. 105-33; and 45 Code of Federal Regulations (CFR) Parts 98 and 99.
Permanent rulemaking approval is requested.
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 classes of persons most likely to be affected by the proposed rules are the clients receiving benefits administered by FSSD, in-home child care providers, and OKDHS staff. The affected classes of persons will bear no costs associated with implementation of the rules.
C.A description of the classes of persons who will benefit from the proposed rule: The classes of persons who will benefit are the clients receiving benefits administered by FSSD, in-home child care providers, and OKDHS staff.
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: The revised rules do not have an economic impact on the affected entities. There are no fee changes associated with the revised rules.
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 probable cost to OKDHS includes the cost of printing and distributing the rules, which is estimated to be less than $20. The revised rules will result in enhanced delivery of services to positively impact clients and families.
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 non-regulatory methods or less intrusive methods for achieving the purpose of the proposed rule: There are no less costly or non-regulatory 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: Implementation of the proposed rules will reduce risks to the public's health, safety and environment by facilitating the delivery of benefits and services to persons who are in need.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented: The determination of eligibility for in-home child care may be hindered for certain persons if the proposed rule is not implemented since it provides clarifying language that facilitates the delivery of benefits and services to persons who are in need.
K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared December 4, 2008. Modified January 16, 2009 for permanent rulemaking.
SUBCHAPTER 9. PROCEDURES RELATING TO CASE CHANGES
340:40-9-1. Review of child care eligibility [ITS ONLY REVISED]
Revised 6-1-08
(a) Child care review.The worker completes a review of all conditions of eligibility for subsidized child care benefits no later than 12 months from the date of approval of the application or from the last review.When the need factor for child care is for a protective or preventive reason, child care is reviewed more often in accordance with OAC 340:40-7-8(e).The client or the client's authorized representative completes and signs Form 08MP001E, Request for Benefits, Form 08MP002E, Eligibility Information for Benefits, and Form 08MP003E, Responsibilities and Signature for Benefits.If the client is a benefit reporter as described in subsection (b) of this Section, Form 08MP004E, Benefit Review Report, may also be used as a review form for subsidized child care benefits.¢ 1When circumstances change between review months, the worker evaluates whether to make a change to the client's family share co-payment and/or plan of service or to complete a new application.¢ 2
(b) Benefit reporter households.If a client receiving subsidized child care benefits is also receiving food benefits and/or Medicaid and is considered a benefit reporter for one or both of these programs, the client is considered a benefit reporter for the Child Care Program.
(1) Benefit reporter households are sent a computer-generated Form 08MP004E in the 11th month of certification.The client will continue to receive a 08MP004E every 11th month thereafter as long as the subsidized child care benefits remain active and the client remains in benefit reporting status.
(2) Form 08MP004E asks households to report changes in the household's circumstances that could affect their benefits.Form 08MP004E must be completed and returned to the human services center, along with all required verification, by the last day of the 12th month of the review period or the subsidized child care benefits automatically close.
(3) If the household fails to provide sufficient information regarding a deductible expense, continued eligibility is determined without regard to the deduction.
(4) The worker must act on any changes reported on Form 08MP004E in a timely manner.¢ 3
(c) Synchronization of benefits.When the client is receiving other benefits from the Oklahoma Department of Human Services (OKDHS) in addition to the subsidized child care benefits, certification and review dates must be coordinated with the other programs.¢ 4
INSTRUCTIONS TO STAFF 340:40-9-1
Revised 6-1-08 06-01-09
1.(a) The worker reviews the client's eligibility for child care in the same manner as the initial eligibility determination.See OAC 340:40-3-1 for initial eligibility procedures.Conditions of eligibility which must be reviewed are found at OAC 340:40-7.The worker enters information in the Family Assistance/Client Services (FACS) Interview Notebook under the Income, Household, and Day Care tabs and in the FACS Eligibility Notebook under the Auth. Daycare and Social Services tabs.
(b) A face-to-face interview is recommended if one was not completed at the most recent application or review unless there are extenuating circumstances that are documented in FACS Case Notes.However, a face-to-face interview is always required when child care is approved for a protective or preventive reason.The child is seen at the face-to-face interview, whenever possible, to help determine if other social services are needed.Examples of extenuating circumstances include when the client:
(1) has had a face-to-face interview for another program in the interim;
(2) states he or she cannot take off work or miss class; or
(3) completes Form 08MP004E, Benefit Review Report, as the review form unless child care is approved for a protective or preventive reason.
(c) If the review is completed on Form 08MP004E and the client reports changes have occurred in the days and hours care is needed, the worker enters the new plan of service in the FACS Day Care tab of the Interview Notebook and documents the changes in FACS Case Notes.The worker sends Form 08AD092E, Client Contact and Information Request, with this page to the client to sign and return acknowledging the new plan hours.When the client returns this page, two copies are returned to the client: one copy for the client and one copy for the child care provider.
(d) If the client is using a one star child care provider at the time of the review interview, the worker gives the client the "Reaching for the Stars" pamphlet, OKDHS Pub. No. 01-18, and discusses the benefits of choosing a provider who is licensed as a one star plus, two star, or three star facility.See OAC 340:40-5-1(7) for more information on helping a client choose an appropriate child care provider.
(e) When the worker determines that the family continues to meet all conditions of eligibility and remains eligible at the same benefit level, the worker verbally advises the client of the decision.When the client continues to meet all factors of eligibility but at a different benefit level, notification is computer-generated to the client and the child care provider.See OAC 340:40‑9-3 for actions requiring computer notice.
(f) When the worker determines that the family is no longer eligible for subsidized child care benefits, the worker closes the benefits.A computer‑generated closure notice is sent to the client and the child care provider.If the family continues to need child care services, the worker asks the client whether he or she needs help with budgeting to pay this expense or with information concerning lower cost child care alternatives.The worker gives needed information to the client and records this discussion in FACS Case Notes.
(g) If subsidized child care benefits are closed and the worker reevaluates this action within 30 calendar days of the closure date, see OAC 340:40-9-2(g) for rules regarding when subsidized child care benefits can be reopened.
2.(a) A complete application/review form is required when:
(1) the payee on the child care benefit changes;
(2) the client's subsidized child care benefits closed because a period of job search was given in accordance with OAC 340:40-7-8(a)(6) and the client finds employment; or
(3) subsidized child care benefits must be synchronized with the client's food benefits or SoonerCare (Medicaid) benefits in accordance with subsection (c) of this Section.
(b) The worker may complete the application or review form in person or over the telephone.If it is completed over the telephone, the worker sends Form 08MP003E, Responsibilities and Signature for Benefits, with Form 08AD092E to the client for his or her signature.After this form is signed, if requested, the worker gives or sends the client a copy of the application.The worker keeps the signed original application forms in the case record or stores them in the imaged record.
(c) When the client's TANF benefit closes and there is a continued need for subsidized child care benefits, the worker must:
(1) evaluate what, if any, changes need to be made since the client is no longer involved in TANF Work activities;
(2) advise the client that he or she is no longer exempt from paying a family share co-payment;
(3) advise the client of the amount of his or her family share co-payment, if any.If the client expresses concern about his or her ability to pay this co‑payment, the worker offers budgeting assistance to the client; and
(4) complete a full application for subsidized child care benefits if they are not open at the point the TANF benefit closes in accordance with OAC 340:40‑3‑1.
(d) If a change is needed to the plan of service or to the family share co‑payment, the worker makes the change in accordance with OAC 340:40-9-2 regarding the effective date of when changes can be made and documents the changes in FACS Case Notes.
3.(a) The worker is responsible for determining which households are identified as benefit reporter households.Households receiving only subsidized child care benefits are not considered benefit reporters.See OAC 340:50-9-5(i) and (j) for information on who is considered a semi-annual or annual reporter for food stamps benefits.Non-public assistance SoonerCare (Medicaid) households subject to benefit reporting are annual reporters.See OAC 340:40-9-2 for information regarding which changes must be reported and when action must be taken on these changes for the Child Care program.
(b) When Form 08MP004E is returned to the human services center (HSC), the worker determines if the form is complete and all required verification is received.Required verification includes verification of income for the month specified on the form and proof of the client's current work or school schedule.If more than that month's income is received, the worker evaluates all income provided to determine what is most indicative of future earnings.If the days and hours child care is needed have changed, see Instruction to Staff #1(c) in these Instructions.The worker updates the system to show the status of the review.
(1) If complete, the worker processes all changes, updates the "date of last review" field E7, the "benefits report action" field E135 with a C, and enters the "benefit report date" field E136.The worker also enters benefit reporting fields in other sections of the case if applicable.
(2) If incomplete or lacking all required verification, the worker updates the "benefits report action" field with an I indicating an incomplete form, and enters the date action is taken in each applicable section of the case.
(32) If the benefits report form is not returned to the HSC or the "date of last review" field E7 is not updated, the "benefit report action" field E135 remains blank.When this field remains blank or shows an I at negative action deadline, all semi-annual reporting sections the Social Services section automatically close closes with the next effective date showing a reason code of 36S.The child care authorization section shows a closure reason code of 36.
(c) If the child care authorization and social services sections were automatically closed, during the period between negative action deadline and the last day of the 12th month, the worker may reopen these sections when the completed Form 08MP004E and required verification are received by the last day in the 13th month.Any required changes are processed along with the action to reopen subsidized child care benefits.
(1) To reopen subsidized child care benefits the worker enters an R in the "action type" field E3 of the Social Services section and the number of children for whom care is approved in the "children in day care" field E52.It is also necessary to update the "benefit type" and "status" fields F24 and F25 for those persons included in the benefit household in each person's Household tab in the FACS Interview Notebook.
(2) To reopen the child care authorization the worker must enter an R in the "action type" field K12 and an A in the "notice indicator" field K92 as well as any other fields requiring changes.A worker must enter a new authorization instead of using a reopen action when the client reports a change in child care provider.
(3) If the reopen action is entered more than ten calendar days from the closure date of the authorization and the client has been swiping attendance and receiving a denied message, the worker completes Form 10EB004E, Report of EBT Child Care Payment Adjustments, in accordance with OAC 340:40-10-4(e).
(d) If the worker fails to take action in a timely manner and subsidized child care benefits close, the worker can reopen the subsidized child care benefits within 30 calendar days of the effective date of the closure by reopening the Social Services and authorization sections in the same manner described in (c) of this Instruction.If the authorization has been closed longer than 30 calendar days from the effective date of the closure before the worker takes action, a new authorization must be entered to approve benefits.
(e) See OAC 340:40-9-2 Instructions to staff #7 if the client reports a change of provider.
(ef) In the event the completed Form 08MP004E and verification indicates that the client is no longer eligible for child care, the worker closes subsidized child care benefits effective ten calendar days from the date the worker takes action with the appropriate reason code.If subsidized child care benefits were already closed because Form 08MP004E was not returned timely, the worker sends Form 08MP037E, Notice Regarding Social Services, to advise the client of his or her ineligibility.
(fg) A CWA Report 17 is shown as a result of the issuance of the benefits report form.This serves as a tracking tool until the review is completed or the child care benefit closes.As the "report action" field E135 is updated with C for complete, the related case sections are removed from the report.The related case sections are also removed from CWA Report 17 when they are automatically closed by the system due to failure to return Form 08MP004E or required verification timely.
4.(a) When a client is a benefit reporter, it is especially important to synchronize certification and review dates with other benefits the client receives to limit the number of review forms issued and to avoid inappropriate closure of one or more of the client's benefits.
(b) To ensure that reviews are due at the same time for all programs, a child care review must be completed at the same time the application for other benefits is completed when subsidized child care benefits are open prior to the application for food benefits or SoonerCare (Medicaid).If an application for subsidized child care benefits is approved for a later effective date than food benefits or SoonerCare (Medicaid) benefits, the "date of last review" field E7 is shortened to match the other benefits.If food benefits are open and the household is considered a reporter, "Medicaid" and "subsidized child care benefits review date" fields E7 and D10 must match the certification date shown for food benefits.
(c) To determine whether a child care review must be completed in order to coordinate benefits, the worker looks at the "reporter status" field C37 in the Food Stamp section or field D137 in the Medical Services section.If an S for "semi-annual reporter" or A for "annual reporter" is shown there, the child care portion of the case is also a reporter.If food benefits or SoonerCare (Medicaid) is shown as a reporter, the system automatically places an S in the "reporter status" field E137 in the Social Services section to indicate the household is a benefit reporter for subsidized child care benefits.The "date of last review" field E7 of the Social Services section must equal the "certification date" field C2 in the Food Stamp section and the "last redetermination date" field D10, if those benefits are open, or the worker receives a synchronicity edit advising him or her that these dates must match as the household is a reporter.
SUBCHAPTER 13. CHILD CARE RATES AND PROVIDER ISSUES
340:40-13-1. Child care arrangements
(a) Out-of-home care arrangements.Out-of-home care is care provided outside of the child's home for less than 24 hours.¢ 1 The Oklahoma Department of Human Services (OKDHS) purchases out-of-home child care services only from licensed or permitted child care centers and family child care homes.¢ 2A list of licensed, contracted out-of-home providers is available upon request.
(b) In-home child care arrangements.OKDHS purchased in-home child care services are obtained only from approved in-home providers.In-home child care is considered the arrangement of choice when night-time child care is needed or when care is needed for a medically fragile child.A parent can choose an in-home provider even when an out-of home provider is available.In no instance is housekeeping service approved.The approval is for the child care plan and the individual person giving care.Guidelines for use and approval of in-home child care are found at OAC 340:40-13-2.
(1) The worker helps the family select a caregiver capable of providing adequate care and supervision of the child(ren).¢ 3Guidelines for use in approving an in-home provider are found at OAC 340:40-13-2.
(2) Upon selection of a caregiver, the client and caregiver complete Form 08CC003E, Notification of Eligibility and Mutual Agreement to Provide In-Home Child Care Services.This form is valid for a maximum of one year from the date the county director signs the document and must be renewed annually.¢ 4If the chosen caregiver is not approved as an in-home provider, the county director sends a letter to the caregiver advising of the denial.The worker sends Form 08MP037E, Notice Regarding Social Services, to the client advising him or her to choose another caregiver.
(3) The client and provider also complete and return Form 08CC004E, Mutual Agreement Regarding the Plan of Care.This form serves as a basis for discussion between the parent or caretaker and the in-home provider of the plan of care for the children, duties of the in-home provider, how to handle emergencies, and the family rules.
(4) To help ensure the health and safety of the child(ren) in care, the worker gives Form 08CC005E, In-Home Provider Health and Safety Checklist, to the provider and the client to complete and return to the worker when the initial contract is signed.¢ 5The parent or caretaker is also responsible for advising the provider of known risks of a contagious condition of one or more persons in the household.The disclosure allows for training in the universal precautions against exposure.¢ 6
(5) The in-home provider is required to review the "Contracting with DHS for Child Care Subsidy Payments Handbook" and watch a training video prior to approval as an in-home provider.
(6) The in-home provider must complete a minimum of six clock hours of training within 90 calendar days of the date the county director signs and dates Form 08CC003E.The provider can meet the training requirement by attending workshops or formal training programs, viewing videos, or through individual job related readings.¢ 7 The in-home provider must then sign and complete Form 08CC008E, Declaration of Completion of In-Home Provider Training, and return it to the worker.¢ 8
(A) The in-home provider must receive and declare six clock hours of training yearly.The declaration is valid for one year from the date the provider signs the document.¢ 9
(B) Training hours earned by the in-home provider are transferable from one family to another during the year the declaration is in force.¢ 10
(7) When an in-home child care provider cares for a child with disabilities, the provider can be approved for the special needs rate in addition to the applicable daily rate.Prior to receiving this additional rate:
(A) the client, provider, and worker must complete Form 08AD006E, Certification for Special Needs Child Care Rate, as described in OAC340:40-7-3.1;¢ 11
(B) the provider must be currently certified in first aid and infant and child cardiopulmonary resuscitation (CPR).Only training that is OKDHS approved, such as Red Cross, American Heart Association, or First Care is accepted;¢ 12
(C) the provider must receive on-site consultation regarding the nature of the child's disability and the development of the child care plan which may include how to operate equipment needed by the child and any specialized training needs.This consultation can be provided by a health professional, a child guidance specialist, a SoonerStart provider if the child is under three years of age, a public school teacher familiar with that child, or from a consultant through the Center for Early Childhood Professional Development.The consultant also provides any available resource materials that might aid the provider in caring for the child; and¢ 13
(D) the provider must agree to obtain six additional hours of training in areas that address the care of children with disabilities within six months of approval.First aid, CPR, or informal training may not be counted to meet the special training requirement.Recommended training includes Special Care's Unique Environments, Child Care Careers' Helping Children with Special Needs, SoonerStart training, Training Inclusive Child Care Equal Terrific Opportunities for Children (TIC-TOC) training, formal training from an OKDHS approved sponsor training list, or specialized workshops or conferences addressing the care of children with disabilities.¢ 14This training is also documented on Form 08CC008E.
INSTRUCTIONS TO STAFF 340:40-13-1
1.If due to the nature of the parent or caretaker's work he or she must leave the child(ren) in child care over 24 hours on an occasional basis, it is acceptable to approve care after receiving approval from Family Support Services Division (FSSD) Child Care Subsidy Section.
2.Child care centers provide group care to children for part of the 24-hour calendar day.Family child care homes provide care for seven or fewer children, including the operator's own children under five years of age. See OAC 340:110-3-84.Large family child care homes provide care for eight to 12 children, including the provider's own children under five years of age.See OAC 340:110-3-97.1.See OAC 340:40-5-1(7) for restrictions on the choice of providers.
3.Normally an in‑home provider is a relative or friend of the client.If the client does not know someone willing to provide such care, the worker can suggest the client inquire within his or her church or other organizations the client belongs to, among the parents of his or her child(ren)'s friends, local student job placement organizations, or any other community groups known to the worker.
4.(a) The earliest date child care can be approved with this in-home provider is the date the county director signs Form 08CC003E, Notification of Eligibility and Mutual Agreement to Provide In-Home Child Care Services.The county director waits to sign Form 08CC003E until the worker approves the plan of service, documents that the caregiver meets the guidelines in OAC 340:40‑13‑2 and verifies that the requirements shown in OAC 340:40-13-1(b)(1) through (5) are completed.The worker may request the assistance of local Division of Child Care (DCC) licensing staff in determining whether the in-home provider meets the guidelines.To be considered timely, the worker must certify or deny the application within two working days of the county director's signature as long as all necessary verification needed to determine eligibility has been provided.The worker files the original Form 08CC003E in the case record.
(b) The worker sends or faxes a copy of Form 08CC003E, 08CC004E, Mutual Agreement Regarding the Plan of Care, and a memo stating that the provider meets the requirements shown at OAC 340:40-13-1(b)(1) through (5) and the guidelines shown at OAC 340:40-13-2 to Family Support Services Division (FSSD), Child Care Section.FSSD Child Care staff assigns a contract number and e-mails the worker this information.
(c) A new Form 08CC003E must be completed yearly and a copy sent to FSSD Child Care Section.
5. The 08CC005E, In-Home Provider Health and Safety Checklist, serves to make the client and provider aware of adequate safety precautions so they can take action to correct any hazards to the child(ren)'s safety.The local licensing specialist is a good resource to provide suggestions if the client and provider are unsure how to correct potential hazards.If the client refuses to make recommended changes, the in-home provider can still be approved to care for the child(ren) in the home since this is the child(ren)'s natural environment.Depending on the nature of the potential hazard, the worker determines whether a referral to Child Welfare is indicated.The worker files the original of Form 08CC005E in the case record and sends a copy to the client.
6.The worker is prohibited from disclosing information regarding a contagious condition unless written consent to disclose this information is obtained from the parent or caretaker.
7.The worker initiates the training process by contacting local DCC licensing staff by e-mail. The worker advises DCC licensing staff of the in-home provider's name, address, including city and zip code, and the family's name and case number.The licensing specialist must send the in-home provider a training packet within 30 calendar days of the date of request.Completion of this training packet meets the initial six clock hours of required training.
8.Form 08CC008E, Declaration of Completion of In-Home Provider Training, is filed in the case record for the family for whom care is being provided.Form 08CC008E serves as:
(1) a declaration by the in-home provider that the minimum caregiver training requirements have been met;
(2) case documentation of compliance with the training requirements as set forth in the Child Care Development Fund State Plan for federal financial participation; and
(3) certification that the in-home provider has a sufficient knowledge base that ensures the care setting provides for the health and safety of the child(ren), thereby enhancing the quality of child care.
9.The provider completes a new Form 08CC008E each year and the worker files it in the case record showing what training was received during that year.If the provider is unsure about training opportunities, local DCC licensing staff can help them choose appropriate training.
10.The worker may copy the existing Form 08CC008E, update in red the new case name, number, and child(ren)'s name and file the updated copy of the form in the appropriate case record.The date of the declaration is never updated on the copy of the form because that is the date which starts the clock for yearly completion of minimum training requirements.
11.For in-home providers, the worker completes Section IV of Form 08AD006E, Certification for Special Needs Child Care Rate, rather than the licensing specialist.
12.The worker views the training documentation to obtain the effective dates of certification.
13.If the on-site consultation will delay the approval for certification by more than 30 days, the provider may be approved for certification prior to the on-site consultation criteria being met if a reasonable plan of correction has been documented in writing.The worker documents the provider's attempts to schedule the on-site consultation in Case Notes.
14.Local DCC licensing staff can help in-home providers find and choose any of these training opportunities.
340:40-13-2. Guidelines for use in approving in-home child care
(a) Purpose.In-home child care is defined as care given to a child(ren) child by a person coming into the child's own home for the express purpose of caring for the child(ren) child.The purpose of standards for in-home care is to help ensure the safety of children cared for in their own home when the usual responsible adult is temporarily absent due to employment, training, illness, or other valid reason.¢ 1
(b) Qualifications of caregiver.The worker helps the family select a caregiver capable of providing adequate care and supervision of the child.¢ 1The caregiver:
(1) must be at least 18 years of age;
(2) demonstrates the vitality and flexibility needed to care for children as well as the ability to exercise good judgment and appropriate authority;¢ 2
(3) must provide personal references prior to approval if, in the worker's judgment, they are considered necessary;
(4) cannot be a member of the child's household, whether relative or non-relative.An exception is made if the person is employed full-time and if approved as a provider, agrees to quit his or her employment;¢ 3and
(5) can only care for the child(ren) of one family at a time.¢3The provider can give care to more than one family as long as the hours do not overlap and the child(ren) of each family is cared for in his or her own home; and
(6) must not be under the effects of alcohol, illegal drugs, or medication that impairs functioning when caring for children.
(c) Background investigations and restrictions Requirements prior to approval of the caregiver for caregivers subsidy payment.The requirements for background investigations and restrictions for caregivers are contained in paragraphs (1) through (3) of this subsection.Upon selection of a caregiver requirements in paragraphs (1) through (3) must be met before the caregiver may be approved as an in-home provider.
(1) The client and caregiver must complete and sign:
(A) Form 08CC003E, In-home Mutual Agreement and Notification to Provide Child Care Services.This form notifies the caregiver of the eligibility and child care plan for the child requiring care and the intent of the parent or caretaker to receive care from the caregiver.Once approved, it also serves as the in-home provider's authorization to bill the Oklahoma Department of Human Services (OKDHS) for services provided on or after approval.
(B) Form 08CC004E, Mutual Agreement Regarding the Plan of Care.This form serves as a basis for discussion between the parent or caretaker and the in-home provider of the plan of care for the child, duties of the in-home provider, how to handle emergencies, and the family rules.
(C) Form 08CC005E, In-Home Provider Health and Safety Checklist.This form serves as a basis for discussion between the parent or caretaker and the in-home provider of adequate safety precautions and possible safety hazards in the child's home.¢ 4The parent or caretaker is also responsible for advising the provider of known risks of a contagious condition of one or more persons in the household.The disclosure allows for training in the universal precautions against exposure.¢5
(2) The caregiver must provide photo identification and a copy of his or her Social Security card.
(13) Criminal history investigations.The caregiver must complete a criminal history investigation as described in paragraph (A) and not be guilty of crimes or enter a plea of guilty or nolo contendere, no contest, to crimes described in paragraph (B).
(A) Criminal history investigations:
(A)(i) are required and must be requested by each caregiver and substitute caregiver, prior to caring for children;¢ 46
(B)(ii) are not required for persons who have documentation of a criminal history investigation within the last 12 months;
(C)(iii) must be obtained from:
(i)(I) the Oklahoma State Bureau of Investigation (OSBI); and
(ii)(II) the authorized agency in the previous state of residence if the individual has resided in Oklahoma less than one year;
(D)(iv) must include a search of the Oklahoma Department of Corrections' Corrections files maintained by the OSBI pursuant to the Sex Offenders Registration Act; and
(E)(v) must include the worker completing a computer check using the Social Security number of the potential caregiver prior to approval as an in-home provider.When a Child Welfare (CW) case number appears, the worker consults with CW staff to see if concerns exist about this person's ability to care for children.¢ 57
(2)(B) Restrictions.A caregiver whose criminal history report includes a conviction of fiscal mismanagement, such as embezzlement or fraud, or repeated convictions that indicate a pattern of criminal activity is not approved as an in-home provider.Individuals Persons who are convicted of or enter a plea of guilty or nolo contendere, no contest, to certain crimes are not approved to care for children or be a substitute caregiver.These crimes include:
(A)(i) violence against a person;
(B)(ii) child abuse or neglect;
(C)(iii) possession, sale, or distribution of illegal drugs;
(D)(iv) sexual misconduct; or
(E)(v) gross irresponsibility or disregard for the safety of others.
(3) Alcohol, drugs, medication.The caregiver must not be under the effects of alcohol, illegal drugs, or medication that impairs functioning when caring for children.
(4) Once requirements described in paragraphs (1) through (3) are met, the worker faxes a memo and supporting documentation to the Family Support Services Division (FSSD) Child Care Subsidy Section to request approval.¢ 8
(A) If the chosen caregiver is approved as an in-home provider, the approval is valid for a maximum of one year from the date FSSD Child Care Subsidy staff signs Form 08CC003E.This form must be renewed annually.¢ 9Once approved, FSSD Child Care Subsidy Section staff mail the in-home provider the "In-home Child Care Provider Handbook for Subsidy Payments" to advise him or her how to claim for OKDHS payment and a copy of Form 08CC003E advising the in-home provider of the assigned contract number.
(B) If the chosen caregiver is not approved as an in-home provider, FSSD Child Care Subsidy Section staff sends a letter to the caregiver advising of the denial.The worker sends Form 08MP037E, Notice Regarding Social Services, to the client advising him or her to choose another caregiver.
(d) Duties of the caregiver.The caregiver:
(1) provides adequate care and supervision of children at all times, including frequent observations of children in cribs or playpens.He or she The caregiver must arrange to have a competent adult provide consistent supervision during his or her absence from the home;
(2) is responsible only for each child specified in Form 08CC003E, Notification of Eligibility and Mutual Agreement to Provide In-Home Child Care Services;
(3) must be aware of adequate safety precautions and take action to correct hazards to children's safety, both indoors and outdoors;
(4) provides opportunities for learning, indoor and outdoor play, rest periods, and meals.The caregiver ensures that the use of television is age-appropriate and suitable for children;
(5) must be able to give understanding, consistent, and loving guidance.Discipline is constructive and educational in nature and appropriate to the child's age and circumstances.Loud, profane, and abusive language, corporal punishment, or any technique that is either humiliating or frightening to children is not used.Discipline is not associated with rest, toilet training, or loss of food;
(6) seeks emergency medical attention in case of sudden illness or accident.The parent or guardian stipulates who is called in case of an emergency by entering this information on Form 07LC038E, Child Information, provided by the Oklahoma Department of Human Services (OKDHS).The caregiver has emergency telephone numbers readily available at all times.Emergency telephone numbers include the fire department, police department, ambulance service, and physician or clinic;
(7) is responsible for preparation and serving of food.The child's family provides the food used to prepare snacks and meals.The caregiver consults with the child's parent(s) or guardian to ensure a balanced diet suitable to the age and physical development of the child; and
(8) ensures the child's school attendance in accordance with the requirements of the State Department of Education.
(e) In-home provider training requirements after approval.The in-home provider must read "The Good Heath Handbook - A Guide For Those Caring For Children" within 90 calendar days of the approval date of the in-home provider shown on Form 08CC003E.¢ 10The in-home provider must then sign and complete Form 08CC008E, In-Home Child care Provider Training Declaration of Completion, and return it to the worker.¢ 11The signature and completion of Form 08CC008E meets the in-home provider training requirement for the first year of approval.
(1) After the first year of approval, the in-home provider must receive and declare six clock hours of training yearly.The provider can meet the training requirement by attending workshops, formal training programs, viewing videos, or through individual job related readings.The declaration is valid for one year from the date the provider signs the document.¢ 12
(2) Training hours earned by the in-home provider are transferable from one family to another during the year the declaration is in force.¢ 13
(f) Requirements prior to approval for a special needs child care rate for a child with disabilities.When an in-home child care provider cares for a child with disabilities, the provider may be approved for the special needs rate in addition to the applicable daily rate.Prior to receiving this additional rate:
(1) the client, provider, and worker must complete Form 08AD006E, Special Needs Child Care Rate Certification, as described in OAC 340:40-7-3.1;¢ 14
(2) the provider must be currently certified in first aid and infant and child cardiopulmonary resuscitation (CPR).Only training that is OKDHS approved, such as Red Cross, American Heart Association, or First Care, is accepted;¢ 15
(3) the provider must receive on-site consultation regarding the nature of the child's disability and the development of the child care plan which may include how to operate equipment needed by the child and any specialized training needs.¢ 16The consultant also provides any available resource materials that might aid the provider in caring for the child.This consultation may be provided by a:
(A) health professional;
(B) child guidance specialist;
(C) SoonerStart provider if the child is under three years of age;
(D) public school teacher familiar with that child; or
(E) consultant through the Center for Early Childhood Professional Development; and
(4) the provider must agree to obtain six additional hours of training in areas that address the care of children with disabilities within six months of approval.This training is documented on Form 08CC008E.¢ 17
(A) First aid, CPR, or informal training may not be counted to meet the special training requirement.
(B) Recommended training includes:
(i) Special Care's Unique Environments;
(ii) Child Care Careers' Helping Children with Special Needs;
(iii) SoonerStart training;
(iv) Training Inclusive Child Care Equal Terrific Opportunities for Children (TIC-TOC) training;
(v) formal training from an OKDHS approved sponsor training list; or
(vi) specialized workshops or conferences addressing the care of children with disabilities.
INSTRUCTIONS TO STAFF 340:40-13-2
1.The worker sends a memo to the Family Support Services Division (FSSD) Child Care Section along with copies of Form 08CC003E, Notification of Eligibility and Mutual Agreement to Provide In-Home Child Care Services, and Form 08CC004E, Mutual Agreement Regarding the Plan of Care.The memo gives information about whether the provider meets the requirements shown in this Section and the worker's opinion of the suitability of this individual to provide child care.FSSD staff assign a contract number after receiving this information.
1.Normally an in‑home provider is a relative or friend of the client.If the client does not know someone willing to provide such care, the worker can suggest the client inquire within his or her church or other organizations the client belongs to, among the parents of his or her child(ren)'s friends, local student job placement organizations, or any other community groups known to the worker.
2.How the potential caregiver responds to the duties outlined in (d) of this Section and what he or she and the client write on Form 08CC004E, In-home Child Care Mutual Agreement Regarding Plan of Care helps the worker determine whether the caregiver meets this qualification.
3.Before approving someone living in the child's home as an in-home provider, this caregiver must quit his or her job regardless of whether the hours of employment are the same hours child care is needed.
3.The caregiver can bring his or her own child(ren) into the client's home if the client agrees.
4.Form 08CC005E, In-Home Provider Health and Safety Checklist, serves to make the client and provider aware of adequate safety precautions so they can take action to correct any hazards to the child's safety.The Oklahoma Child Care Services (OCCS) local licensing staff are a good resource to provide suggestions if the client and provider are unsure how to correct potential hazards.If the client refuses to make recommended changes, the in-home provider may still be approved to care for the child in the home since this is the child's natural environment.Depending on the nature of the potential hazard, the worker determines whether a referral to Child Welfare is indicated.
5.The worker is prohibited from disclosing information regarding a contagious condition unless written consent to disclose this information is obtained from the parent or caretaker.
46.(a)Oklahoma State Bureau of Investigation (OSBI) background check forms, Form CHRD01 CHRU, OSBI Criminal History Record Information Request, can be obtained from the local licensing staff is available on the Family Support Services (FSSD) Child Care Subsidy Web site. The worker prints the form for the provider and in the Type of Search Requested box, checkmarks:
(1) Name base;
(2) Sex Offender; and
(3) Mary Rippy Violent Offender.
(b) The cost of the OSBI check is shown on the form.The Oklahoma Department of Human Services (OKDHS) does not pay for the cost of this background check.
(c) The provider is responsible for mailing the form to the address listed on the form. After the inquiry is complete, the provider returns it to the worker. It generally takes about two weeks for
(d) Once the results of the inquiry to be are received.,The provider may care for the child(ren) pending the results.The the worker must see the original of the report as soon as possible and either place a copy of the report in the case record or narrate the results of the inquiry in the case narrative or Family Assistance/Client Services (FACS) Case Notes.If the report indicates that the provider has been convicted on any of the offenses shown in this Section, the worker immediately shows the report to the county director and sends faxes a copy along with other required forms, memo, and verification to FSSD Child Care Subsidy Section to determine whether to terminate the contract.The original is filed in the case record.
57.(a) The prefix of a Child Welfare case number is KK.
(b) The computer check is run by both name and Social Security number.Documentation of The findings is are kept confidential and not released to the client.The findings are documented in the memo and faxed to the FSSD Child Care Subsidy Section.The original of this memo is filed in the case record.If concern exists about the caregiver's ability to safely care for the child(ren) child, the county director FSSD Child Care Subsidy staff makes the final decision regarding whether to contract with this caregiver.
8.The memo gives information about whether the provider meets the requirements described in this Section, the worker's opinion of the suitability of this person to provide child care, and the parent or caretaker's plan of service approved by the worker.The worker may request the assistance of OCCS local licensing staff in determining whether the in-home provider meets the guidelines.The worker faxes the memo to the FSSD Child Care Subsidy Section along with copies of Form 08CC003E, In-home Mutual Agreement and Notification to Provide Child Care Services, Form 08CC004E, Form 08CC005E, Form CHRD01, and copies of the provider's photo identification and Social Security card.Originals of the memo and all forms are filed in the case record.Copies of Forms 08CC003E, 08CC004E, and 08CC005E are given to the parent or caretaker and the in-home provider.
9.The earliest date child care can be approved with an in-home provider is the date FSSD Child Care Subsidy staff signs Form 08CC003E and assigns a contract number.To be considered timely, the worker must certify or deny the application within two working days of the date he or she is notified of the approval and the in-home provider's contract number as long as all necessary verification needed to determine eligibility has been provided.
10.FSSD Child Care Subsidy staff send the "The Good Heath Handbook - A Guide For Those Caring For Children" to the in-home provider within two working days of the approval date of the in-home provider shown on Form 08CC003E.
11.The worker faxes a copy of the Form 08CC008E, In-Home Provider Declaration of Completion of Training, to the FSSD Child Care Subsidy Section and the original is filed in the case record.Form 08CC008E serves as:
(1) a declaration by the in-home provider that the minimum caregiver training requirements have been met;
(2) case documentation of compliance with the training requirements as set forth in the Child Care Development Fund State Plan for federal financial participation; and
(3) certification that the in-home provider has a sufficient knowledge base that ensures the care setting provides for the health and safety of the child(ren), thereby enhancing the quality of child care.
12.The in-home provider completes a new Form 08CC008E each year and the worker faxes a copy of the form to the FSSD Child Care Subsidy Section.The original is filed in the case record showing what training was received during that year.If the provider is unsure about training opportunities, the OCCS local licensing staff can help them choose appropriate training.
13.The worker may copy the existing Form 08CC008E and update in red the new case name, number, and child(ren)'s name. The date of the declaration is never updated on the copy of the form because that is the date which starts the clock for yearly completion of minimum training requirements. The worker faxes a copy of the form to the FSSD Child Care Subsidy Section and the original is filed in the appropriate case record.
14.For in-home providers, the worker completes Section IV of Form 08AD006E, Special Needs Child Care Rate Certification, rather than the OCCS licensing specialist.
15.The worker views the training documentation to obtain the effective dates of certification.
16.If the on-site consultation will delay the approval for certification by more than 30 calendar days, the provider may be approved for certification prior to the on-site consultation criteria being met if a reasonable plan of correction has been documented in writing.The worker documents the provider's attempts to schedule the on-site consultation in Case Notes.
17.OCCS local licensing staff can help in-home providers find and choose any of these training opportunities.
