COMMENT DUE DATE:
September 4, 2012
DATE:
August 22, 2012
Laura Brown, FSSD (405) 521-4396
Nancy Kelly, OIRP (405) 522-6703
Dena Thayer, OIRP Programs Administrator (405) 521-4326
RE:
APA WF 12-06
The proposed policy is Emergency . This proposal will go to the Commission meeting on
CHAPTER 40 CHILD CARE SUBSIDY PROGRAM
SUBCHAPTER 7. Eligibility
OAC 340:40-7-8 [AMENDED]
(Reference APA WF 12-06)
SUMMARY:The proposed revisions to Subchapter 7 of Chapter 40 amend the rules to include substance abuse treatment as a Temporary Assistance for Needy Families (TANF) related need factor when the child receives TANF and the parent is ineligible due to the illegal use of a controlled substance or substances.
SUBSTANTIVE CHANGES:OAC 340: 40-7-8 is amended to include substance abuse treatment as a TANF related need factor when the child receives TANF and the parent is ineligible due to illegal use of a controlled substance or substances.
LEGAL AUTHORITY:Commission for Human Services, Article XXV, Sections 2 and 4 of the Oklahoma Constitution; 45 Code of Federal Regulations (CFR) Parts 98 & 99; and Section 230.52 of Title 56 of Oklahoma Statutes (House Bill 2388) that takes effect November 1, 2012.
Rule Impact Statement
To:Programs Administrator
Office of Intergovernmental Relations and Policy
From:Jim Struby, Director
Adult and Family Services
Date:August 14, 2012
Re:CHAPTER 40 CHILD CARE SUBSIDY PROGRAM
Subchapter 7. Eligibility
OAC 340:40-7-8 [AMENDED]
(Reference APA WF 12-06)
Contact:Laura Brown 405-521-4396
A.Brief description of the purpose of the proposed rule:
Purpose.The proposed revisions to Subchapter 7 of Chapter 40 amend the rules to include substance abuse treatment as a Temporary Assistance for Needy Families (TANF) related need factor when the child receives TANF and the parent is ineligible due to the illegal use of a controlled substance or substances.
Strategic Plan impact.The proposed rules achieve Oklahoma Department of Human Services (OKDHS) goals by protecting vulnerable children from harm while their parent receives substance abuse treatment.
Substantive changes.
OAC 340: 40-7-8 is amended to include substance abuse treatment as a TANF related need factor when the child receives TANF and the parent is ineligible due to illegal use of a controlled substance or substances.
Reasons.The proposed revision is made in order to continue approving child care for substance abuse treatment when the child receives TANF but the parent is ineligible due to illegal use of a controlled substance.With the passage of House Bill 2388 that takes effect November 1, 2012, TANF applicants and recipients are required to be screened for illegal use of a controlled substance or substances.The parent is ineligible to be included in the TANF benefit when he or she is determined to be engaged in the illegal use of a controlled substance or substances until one year has passed since the date of the first ineligibility determination.The ineligibility period can be shortened to six months if he or she complies with a recommended substance abuse treatment program.Because the parent is not included in the TANF benefit, substance abuse treatment can no longer be approved as a TANF Work related activity.Prior to this legislation, a parent determined in need of substance abuse treatment was included in the TANF benefit and child care was approved for the parent to attend substance abuse treatment as a required TANF Work activity.
Repercussions. The proposed revisions will allow approval of TANF related child care for children receiving a TANF benefit while their parent attends substance abuse treatment. If the proposed revisions are not implemented, parents may not receive substance abuse treatment.Untreated illegal drug use may lead to child abuse or neglect or if treated without a child care approval, their children may be left in unsafe situations while they attend treatment.
Legal authority. Commission for Human Services, Article XXV, Sections 2 and 4 of the Oklahoma Constitution; 45 Code of Federal Regulations (CFR) Parts 98 & 99; andSection 230.52 of Title 56 of Oklahoma Statutes (House Bill 2388) that takes effect November 1, 2012.
[Emergency, Permanent, or Preemptive] approval. Emergency rulemaking approval is requested to protect children receiving child only TANF by continuing to approve child care while their ineligible parent receives substance abuse treatment.
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 TANF applicants and recipients and their children requesting child care benefits.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 children receiving child only TANF benefits and requesting child care benefits while their ineligible parent receives substance abuse treatment.
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 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. Additional increased costs are not anticipated because the proposed rules allow the continuance of services to children authorized prior to the new legislation.
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: Implementation of the proposed rule revisions will reduce the risk to children's safety by providing a safe place for them to be cared for while their parent receives substance abuse treatment.
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, parents may not receive substance abuse treatment or children may be cared for in an unsafe environment while the parent attends treatment.
K.The date the rule impact statement was prepared and, if modified, the date modified:Prepared July 13, 2012. Modified.
CHAPTER 40 CHILD CARE SUBSIDY PROGRAM
SUBCHAPTER 7. ELIGIBILITY
340:40-7-8. Defining the need factor for child care benefits
Revised 7-1-12 11-1-12
(a) Employment.Employment means the parent or caretaker earns wages for work performed.¢ 1
(1) The client must provide proof of his or her work hours.When the client has the flexibility to set his or her own work hours, the client and worker jointly determine if they can reduce the number of hours the child needs care by rearranging the client's work schedule.This is especially important in two-parent or two-caretaker families.¢ 2
(2) The worker limits approval of child care to the number of days and hours the client is working plus reasonable travel time.In two-parent or two-caretaker working families, the worker limits approval to the days and hours they are both working at the same time plus reasonable travel time.When the child attends school or Head Start during part of the work hours, the worker reduces the number of hours he or she approves child care accordingly.
(3) Unless the client is an adoptive parent who meets criteria per OAC 340:40-7-12(6) or a caretaker not legally and financially responsible for the child per OAC 340:40-7-6(a)(6), the client must make at least minimum wage for the number of hours he or she is working, referred to as the minimum wage rule, in order to meet the employment need factor, with the exception of circumstances in (D) of this paragraph.
(A) Minimum wage is determined by the federal government.
(B) To determine whether the client makes minimum wage when the client:
(i) works for an employer, is not considered self-employed, and the pay information does not show the client's hourly rate of pay, the worker divides the number of hours the client works from the gross pay for the pay periods used to calculate income; or
(ii) is considered self-employed per OAC 340:40-7-11(b)(2), the worker divides the number of hours the client works by the net pay after applicable business expenses, when declared, for the pay periods used to calculate income.When the client and spouse are self-employed in the same business, the worker adds their work hours together and then divides the work hours from the net pay for the pay periods used to calculate income.
(C) When the client works for an employer, whether considered self-employed or not per OAC 340:40-7-11(b)(2), is paid a set wage less than minimum wage, and the employer refuses to begin paying at least minimum wage, the worker denies or closes child care benefits. ¢ 3
(D) When the client works for himself or herself or works for an employer who pays wages based on commission or other performance measures rather than a set wage, is not making at least minimum wage, and the client has been performing this work:
(i) less than one year, the worker counsels with the client to develop a plan for increasing his or her income within three to six months.¢ 4When the client does not cooperate in developing a plan or does not agree to implement the plan that was developed, the worker closes or denies the child care benefit.¢ 5
(I) When the client's income increases to at least minimum wage during this time frame, no further monitoring is needed until the next review.
(II) When after three to six months the client's income increases, but is still less than minimum wage, the worker may approve an additional three to six months of care, if after evaluating the client's circumstances, such as how well the client followed the plan, the rate at which income has increased, and whether modifications can be made to increase income, it is reasonable to presume the client will make at least minimum wage during this time frame.¢ 6
(III) When it is not reasonable to presume the client's income will increase to at least minimum wage within three to six months, the worker closes the child care benefit;¢ 6 or
(ii) at least one year without any substantial change, the worker denies or closes the child care subsidy benefit. ¢ 7
(4) A person employed and working from his or her own home may be approved for subsidized child care benefits in an out-of-home child care home or center.¢ 8
(5) Subsidized child care benefits can be approved for sleep time during the day when a parent or caretaker works night hours and a feasible alternative is used at no cost to the Oklahoma Department of Human Services (OKDHS) during the night working hours.Night working hours are defined as the hours between 11:00 p.m. and 7:00 a.m.¢ 9
(A) The maximum amount of time the worker approves child care allows the client eight hours of sleep plus travel time to and from the child care provider.
(B) In two-parent or two-caretaker families care may only be approved for this reason when both parents have night time jobs or when one parent has a night time job and the other parent or caretaker works during the day while the other parent is sleeping.
(6) Job search meets the definition of employment and child care may be approved for a single or two parent or caretaker household only when a client who has received subsidized child care benefits for at least 30 calendar days loses employment or successfully completes a formal education or training program and requests child care to look for a job.¢ 10
(A) Child care may be approved for a maximum of 30 calendar days from the date the client loses employment or successfully completes a formal education or training program as long as the child continues to attend the same child care facility.
(i) Job search may be approved no more than twice per calendar year.
(ii) The client must have been employed or going to school for at least 90 calendar days between approval periods.
(B) When the client reports a new job within the job search period and provides all required verification to prove continued eligibility, a new application is not needed.When the client does not report a new job or required verification within the job search period, he or she must complete a new application before being approved for further child care.¢ 11
(b) Training.A training program is defined as a course of study that when completed qualifies a person to meet requirements for a job the client could not have obtained without the certificate of completion, accreditation, or licensure.¢ 12Child care can be approved for one parent or caretaker to attend a training program.In two-parent or two-caretaker families, the other parent or caretaker must be employed during the same hours.
(1) The training program must qualify to receive federal financial aid from the United States Department of Education (USDE) or other federal or state education funds.¢ 13
(2) Prior to approval for child care, the client must provide proof of enrollment, the days and hours the client will be attending, and when he or she is expected to complete the program.¢ 14
(3) The program must require classroom attendance on a school campus with an instructor present.Care is only approved for an on-line Internet based course or televised course when it is a live broadcast conducted by an instructor and attendance is required while the program is being broadcast.When the program is self-paced and the client is able to choose his or her own school hours, care is not approved.¢ 15
(4) The client must provide proof of progress when requested.When the client is not making satisfactory progress, further child care for this reason is not approved.¢ 16
(5) Once the client completes a training program, further child care is not approved for training or education.The client is expected to look for jobs that require his or her training credentials.The client may be eligible for subsidized child care benefits to job search when he or she meets requirements at (a)(6) of this Section.
(6) In certain circumstances, the worker may approve child care benefits for a client to attend a second training program.The client must have been employed in a job requiring the training credentials he or she has for at least 12 months.¢ 17Possible circumstances include when:
(A) the client can no longer perform the job he or she is trained to do because of physical or mental health reasons.In this instance, the client must provide a statement from a doctor, mental health professional, or a vocational rehabilitation professional verifying the reason.The professional must also state that the client is capable of performing the job tasks of the training program where the client wants to enroll;
(B) there is no longer a demand for the type of work the person is trained to do.The client must provide a statement from a professional working with the client to obtain employment stating there is no demand.The professional must be employed by the Workforce Oklahoma Center, a Workforce Investment Act (WIA) contracted entity, the Oklahoma Employment Security Commission (OESC), or the Oklahoma Department of Rehabilitation Services (DRS); or
(C) the client can establish receipt of the additional training will increase the person's earning potential.The client must provide proof the starting salary for a person with the training credentials the client wants to obtain is higher than he or she is currently earning.
(c) Education program.An education program may include:
(1) High school.Child care may be approved for one or both parents or caretakers to attend high school.It is not approved for a parent or caretaker to receive homebound instruction.Prior to approval the client must provide proof that he or she is enrolled, the days and hours the client is attending, and when he or she is expected to graduate.
(2) General Educational Development (GED), literacy, or adult basic education (ABE) classes.The program must require classroom attendance with an instructor present. Child care may be approved for one parent or caretaker to attend GED, literacy, or ABE classes.However, in two-parent or two-caretaker families, the other parent or caretaker must be employed during the same hours.
(A) The client must provide proof of enrollment, the days and hours the client is attending, and the length of the class prior to care approval.When the class has open enrollment and no established end date, the client must provide proof of progress and how it is measured.
(B) Within the first month of classes, the client must provide proof of initial testing showing the client's education and/or literacy level.
C) The worker reviews the client's progress when the class is expected to end prior to approval for further child care for this reason.When the class is open-ended, the worker reviews progress no later than 12 months from the date care was approved for this reason.¢ 18At review, the client must provide a statement from the school that includes:
(i) whether the client is attending regularly;
(ii) whether the client is making satisfactory progress;
(iii) an estimated length of time it will take to complete the program; and
(iv) what days and hours the client is currently attending classes.
(D) When the client has not been attending regularly or making satisfactory progress, further child care for this reason is not approved.
(3) English as a Second Language (ESL) classes.The program must require classroom attendance with an instructor present.Child care may be approved for a single parent or caretaker to attend ESL classes when the client lacks proficiency in understanding, speaking, reading, or writing the English language.In two‑parent or two-caretaker families, the other parent or caretaker must be employed during the same hours.
(A) The client must provide proof of enrollment, the days and hours the client is attending, and the length of the class prior to care being approved.When the class has open enrollment and no established end date, the client must provide proof of how often progress is measured.
(B) The worker reviews the client's progress when the class is expected to end prior to approval for further care for this reason.When the class is open-ended, the worker reviews progress no later than 12 months from the date care was approved for this reason.¢ 18The client must provide a statement from the school that includes:
(i) whether the client is attending regularly;
(ii) whether the client is making satisfactory progress;
(iii) an estimated length of time it will take to complete the program; and
(iv) what days and hours the client is currently attending.
(C) When the client has not been attending regularly or making satisfactory progress, further care for this reason is not approved.
(4) Formal education program.A formal education program is defined as a course of study that leads to the attainment of an associate or bachelor's degree.Child care can be approved for one parent or caretaker to attend a formal education program and to participate in activities required to maintain a scholarship.Only required scholarship activities for scholarships disbursed through the school's financial aid office qualify for child care.In two-parent or two-caretaker families, the other parent or caretaker must be employed during the same hours.
(A) The formal education program must qualify to receive federal financial aid from USDE or other federal or state education funds.¢ 13
(B) Prior to approval for child care, the client must provide proof of enrollment, the days and hours the client is attending school or participating in activities required to maintain a scholarship, and when he or she is expected to complete the degree.¢ 14
(C) The degree program must require classroom attendance on the school campus with an instructor present.Care is only approved for an on-line Internet based course or a televised course when it is a live broadcast conducted by an instructor and attendance is required while the program is being broadcast.When the program is self-paced and can be completed whenever the client chooses, care is not approved.¢ 15
(D) The client must provide proof of progress when requested.When the client is not making satisfactory progress, further care for this reason is not approved.¢ 16
(E) Once the client completes a bachelor's degree, further care is not approved for training or education.The client is expected to look for jobs that require a degree.The client may be eligible for subsidized child care benefits to job search when he or she meets requirements at (a)(6) of this Section.
(F) In certain circumstances, the worker may approve subsidized child care benefits for a client to obtain a different bachelor's degree.The client must first have been employed in a job that required the degree he or she already has for at least 12 months.¢ 17Possible circumstances include when:
(i) the client can no longer perform the job he or she is trained to do because of physical or mental health reasons.In this instance, the client must provide a statement from a doctor, mental health professional, or a vocational rehabilitation professional that verifies the reason.The professional must also state that the client is capable of performing the job tasks of the degree program in which the client wants to enroll;
(ii) there is no longer a demand for the type of work the person is trained to do.The client must provide a statement from a professional working with the client to obtain employment stating there is no demand.The professional must be employed by the Workforce Oklahoma Center, a WIA contracted entity, OESC, or DRS; or
(iii) the client can establish receipt of the second degree may increase the person's earning potential. The client must provide proof the starting salary for a person with the degree the client wants to obtain is higher than he or she is currently earning.
(d) Temporary Assistance for Needy Families (TANF) Work activity related child care. ¢19 When a client receives a TANF benefit, related subsidized child care benefits may be provided:
(1) for any TANF Work activity outlined on the client’s Form 08TW002E, TANF Work/Personal Responsibility Agreement, per OAC 340:10-2-1this includes when: ¢ 1920
(1)(A) Need for child care is also met when the person is waiting to enter an approved TANF Work activity.Approval is limited to a time period not to exceed:
(A)(i) two weeks; or
(B)(ii) one month on an exception basis where child care arrangements or other services would otherwise be lost and the subsequent activity is scheduled to begin within that period.;¢ 2021
(2)(B) prior to approval for TANF, applicants are referred for immediate employment may be approved for subsidized child care benefits to job search.¢ 2122 TANF applicants are advised:
(A)(i) child care to job search is limited to 20 days that must be used within 30 calendar days from the date of request;
(B)(ii) in-home child care arrangements are not available for TANF applicants;
(C)(iii) child care may only be used during the times the applicant is actually looking for a job; and
(D)(iv) he or she must notify the worker immediately upon securing employment.; and
(2) for substance abuse treatment when the parent of a child receiving TANF is ineligible for TANF due to the illegal use of a controlled substance or substances.¢ 23Prior to approval, the parent must provide proof of the substance abuse treatment plan from the treatment provider.
(e) Protective or preventive child care.Subsidized protective or preventive child care benefits may be used as an early intervention strategy in certain critical situations to help prevent neglect, abuse, or exploitation of a child.The worker may approve child care in these situations to help stabilize the family situation or enhance family functioning.In most instances, Child Welfare (CW) staff completes protective or preventive child care requests when they are working with the family and recommending protective or preventive child care.When CW staff contracts with an outside agency to provide protective or preventive services and child care is recommended, Family Support Services (FSS) staff completes the child care requests with help from contracted agency staff.¢ 2224
(1) Subsidized protective or preventive child care benefits are temporary and planning to reduce or eliminate the need for such child care begins at the initial contact.
(2) The worker must complete a face-to-face interview with the client prior to approving subsidized protective or preventive child care benefits in order to better assess all of the service needs of the family.
(3) The client must provide a statement from a professional working with the family stating:¢ 2325
(A) the reason child care is recommended;
(B) how placing the child in a child care facility helps to prevent neglect, abuse, or exploitation of the child; and
(C) the length of time this care is expected to be needed.
(4) The family may or may not be expected to help in paying the cost of these subsidized child care benefits depending on the unique circumstances of the family.¢ 2426
(5) In certain circumstances, families who are financially ineligible for subsidized child care benefits may be approved for protective or preventive child care benefits when the child is in danger of neglect, abuse, or exploitation.The client must provide evidence the family is so burdened by debt the additional financial pressure of paying for child care may result in further deterioration of family stability and functioning.The client must also provide a plan for reducing his or her debt.¢ 2527
(6) The worker may approve subsidized protective or preventive child care benefits for a maximum of 30 calendar days. When determining ongoing eligibility will take time, the worker may approve child care while the parent or caretaker is gathering necessary information during this 30 calendar day period.
(7) When the family requests subsidized protective or preventive child care benefits beyond this initial 30 calendar day period, the worker sends a memo and supporting documentation to the Family Support Services Division (FSSD) Child Care Subsidy Section staff to request an extension.The client must provide all needed eligibility information prior to submission of the extension request.¢ 2628
(f) Enrichment. The purpose of subsidized enrichment child care benefits is to assist a child receiving Supplemental Security Income (SSI) to develop socialization skills and to transition into a group setting, such as a classroom.When a child is not receiving SSI benefits, the child is not eligible for subsidized enrichment child care benefits.
(1) The need for subsidized enrichment child care benefits is based solely on the needs of the child's condition of delay or disability rather than on the activities of the parent or caretaker.¢ 2729
(2) Child care for enrichment is limited to a maximum of two days per week not to exceed ten full-time or part-time days per month.
(3) The parent or caretaker must provide a written recommendation from a professional who is working directly with the child in some capacity that states how child care would be beneficial to the child.The professional could be the child's doctor, occupational therapist, physical therapist, or special education teacher.
(4) Enrichment child care is only approved for a child who has not started school or Head Start unless, due to the child's disabilities, the child receives instruction from a teacher in his or her home.¢ 2830
(5) When subsidized enrichment child care benefits are approved, care must be provided outside of the child's home and at least one other child must attend during the same hours.
(6) The worker obtains approval from staff in the FSSD Child Care Subsidy Section prior to authorizing care for this need factor.¢ 2931
INSTRUCTIONS TO STAFF 340:40-7-8
Revised 7-1-12 11-1-12
1.(a) Some clients work at jobs where they are paid at least minimum wage, but the Oklahoma Department of Human Services (OKDHS) does not count the income because the income comes from exempt sources per OAC 340:40-7-12. The client still meets the employment need factor even though the income is not counted.
(b) Some clients work where they are not guaranteed any wage, such as working for commission only or self-employment.In these situations the worker does not approve more than 30 days of care until the client provides proof he or she has earned income from this employment.
(c) Bartering for services in exchange for work performed does not meet the definition of need because of employment.Examples of bartering include working in exchange for payment of rent, utilities, or a car payment.
(d) Gambling does not meet the definition of need because of self-employment.
2.(a) Proof may be a copy of the work schedule showing the client's name and the name of the business or a signed statement from the employer.A written statement is preferable, but when unavailable, the worker may confirm the client's work hours with the employer by telephone.The worker documents how work hours were verified in the Family Assistance/Client Services (FACS) Case Notes.
(b) When part of the client's work duties involves staying overnight away from home or working split shifts, the worker uses his or her judgment to determine how much care is reasonable to approve.
(c) When the client starts working, the worker approves the maximum number of days and hours the client could work.For instance, an employer statement might say the client works three to five days per week.The worker initially approves 23 days per month of care.The worker reevaluates the amount of care approved when actual pay is requested at 90 days per OAC 340:40-7-13.Care may be reduced or increased depending on how many days and hours the client actually worked during that period.
(d) When the client has been employed for at least 30 calendar days, the worker evaluates the actual number of days and hours the client worked to determine how much care to approve, unless there is reason to expect the work schedule to change.The worker documents in the Child Care tab and FACS Case Notes how he or she determined the care plan approved.
(e) Clients who have the flexibility to set their own work hours are most often self-employed.When the client is self-employed, the worker may accept his or her statement regarding work hours as long as it appears reasonable and meets the minimum wage requirement per OAC 340:40-7-8(a)(3).When the children are attending school or Head Start, in most instances, it is usually reasonable to expect the client to work during those hours.When it is not reasonable, FACS Case Notes must clearly document why.When child care is requested in two-parent or two-caretaker families for self-employment, care must be taken to determine whether self-employment work hours could be adjusted to reduce or eliminate the need for child care.For instance, could they each work a different schedule?
3.The worker refers the client to the Oklahoma Department of Labor (ODOL) to file a complaint when the employer is not paying minimum wage.
4.(a) Counseling may include:
(1) helping the client determine whether this is the best field of employment;
(2) referring the client to the Oklahoma Employment Security Commission (OESC) for help in locating other employment;
(3) helping the client develop an action plan to increase earnings;
(4) referring the client to a local resource that helps with small business planning.Most technology centers offer this type of service; or
(5) referring the client to the ODOL to file a complaint if his or her employer is not paying minimum wage.
(b) The worker and client decide jointly what plan to implement to increase the client's income, by what date this plan can be accomplished or progress made, and when to reevaluate the plan.
(c) The worker documents in FACS Case Notes the child care plan hours approved, what plan the client agreed to follow to increase income, and why any subsequent changes are made to the child care plan.
5.The worker consults with his or her supervisor before closing or denying benefits and documents the discussion in FACS Case Notes.
6.The worker must document in FACS Case Notes:
(1) income calculations used to arrive at current pay rate;
(2) what parts of the plan were implemented;
(3) why the client thinks he or she did not reach minimum wage; and
(4) the reasoning used to decide whether to close or approve further benefits.
7.When substantial changes occur such as illness, a change in business location, or unforeseen circumstances, the worker sends an email to daycare@okdhs.org for guidance before taking action.
8.(a) When the client works from home, the worker must determine how flexible the client's work hours are and whether other options are available instead of subsidized child care benefits.Child care is not approved when the client is able to do the work while the child is in the home or the child is school age and the work can be done while the child is at school.The worker documents all details of the client's situation and what decision was made in FACS Case Notes.
(b) When the client is operating a child care home, the worker only approves child care in an out-of-home child care home or center when the client's own child places him or her over maximum licensed capacity.
(1) A family child care home provides care for seven or fewer children.
(2) Large family child care homes provide care for eight to 12 children.
(3) The provider's own children younger than five years of age count toward licensed capacity.
(4) The worker consults with Oklahoma Child Care Services (OCCS) licensing staff to establish whether a client, who is a child care provider, will be over capacity when his or her own child remains in the home and documents this discussion in FACS Case Notes.Refer to OAC 340:110-3-84 and 340:110-3-97.1 for licensing guidelines.
9.(a) Sleep time child care is approved for working families only.Care is not approved for two-parent or two-caretaker families in order for one parent to go to school during the day.
(b) The goal of this policy is to allow a parent or caretaker to get seven to eight hours of sleep.The maximum care is not approved when the client has the opportunity to sleep during some of the child's sleep hours.For example, when a parent or caretaker's work schedule is from 10:00 p.m. to 4:00 a.m., eight hours of care is not approved since the parent or caretaker can sleep for three to four hours before the child wakes up.
10.(a) Job search is approved for clients who have received a child care benefit for at least 30 calendar days in order to ensure the services of the child care provider are not lost and continuity of care for the child is provided while the parent or caretaker attempts to locate a job.Care is only continued when the child remains at the same child care facility for the entire 30 calendar days job search is approved.When the client wishes to change child care providers, care by a different provider is not approved to job search.
(b) To approve a client to job search, the worker closes the current authorization using the reason code "30 day job search time frame has ended."The end date entered on the authorization is 30 calendar days from the time the client lost employment or successfully completed a formal education or training program.
(c) The worker makes changes as needed to the income shown for the family and to the family share co‑payment prior to closing the authorization.No change is made to the days and hours of care.
(d) When the authorization is closed on another reason code prior to offering child care to search for a job, it may be reopened to cover this 30 calendar day period.The authorization is then closed using the reason code "30 day job search time frame has ended."
(e) When the authorization is closed on another reason code prior to offering child care to search for a job, it may be reopened to cover this 30 calendar day period.The authorization is then closed using the reason code "30 day job search time frame has ended."
(f) When the client does not report the loss of employment or completion of a formal education or training program within ten calendar days but continues to use child care, the worker asks the client whether he or she is searching for a job.
(1) When the client is searching for a job, the worker closes the authorization effective the date job search would have ended if the client had notified the worker timely or effective ten calendar days from the date the worker takes action, whichever date is greater.
(2) When the client does not plan to job search, the worker closes the authorization effective ten calendar days from the date the worker takes action.
(3) When the client uses care beyond the time frame the client could have been approved to job search, the worker sends an overpayment memo to the Family Support Services Division (FSSD) Benefit Integrity and Recovery Section per OAC 340:40-15-1.
11.(a) When the client begins an activity that meets a need factor during the time frame job search was approved, documentation must be provided and entered in case notes.The worker enters a new authorization in FACS with a begin date effective the day after the job search closure.When more care is required for the new activity during the time frame job search was approved, the worker contacts the FSSD Child Care Subsidy Section staff to change the authorization because the worker cannot make a change to a closed authorization.
(b) When the client begins an activity that meets a need factor within 30 calendar days after the job search period ended, documentation must be provided and entered in case notes.The worker enters a new authorization in FACS and the begin date is the date verification is provided.
12.(a) When the client receives Temporary Assistance for Needy Families (TANF) and the training is approved as a TANF Work activity per OAC 340:10-2-1, child care may be approved.
(b) When the client is participating in a TANF Special Project but is not receiving TANF benefits, the Special Project must meet the requirements for an approved training program.When the Special Project does not meet the requirements, it does not meet a need factor for child care assistance.
(c) Examples of questionable programs could be programs for nurse's aides, data entry clerks, or cashiers.When the worker questions whether a particular training program will make a person more employable, he or she may:
(1) check with employers in the area that employ people with this skill to see if they require such a certificate, accreditation, or license.When they do not require one, but would pay more when the person had this credential, the worker approves child care for this training;
(2) contact a Work Investment Act (WIA) counselor or an OESC employee to determine when a person must meet general training requirements prior to becoming employed in this field; or
(3) require that the client provide documentation showing how this training program can help the client become more employable.
(d) On-the-job training and apprenticeship programs pay participants at least minimum wage for their work or training hours so care for this reason may be approved under the employment need factor.
13.When the client is not receiving financial aid and the school is not known by the worker to be eligible to disburse federal or state educational funds, the worker calls the school for confirmation.
14.(a) The worker verifies what days and hours the client attends school by obtaining a copy of the client's training or class schedule, documentation from the school showing the client's schedule, or by calling and verifying the schedule with school officials.Child care is limited to actual classroom attendance, including travel time.
(b) Child care may also be approved for activities outside the classroom required to pass the course, such as internship and practicum placements, volunteer hours required to pass a specific class, or other required activities.
(c) Child care may be approved for activities outside the classroom required to maintain a scholarship, such as athletic practice sessions, participation at sporting events, band practice, volunteer activities, or other required activities.The worker verifies the scholarship by obtaining a:
(1) copy of the report from the registrar showing the scholarship disbursement and hours enrolled or documentation from the school's financial aid office showing proof of the scholarship; and
(2) letter from the scholarship grantor explaining the activities, including days and times for participation required to maintain the scholarship.
(d) When the client is required to attend a lab in order to pass a specific class, an instructor must be present during the lab or child care is not approved for those hours.Hours spent by a student in a computer lab on an as needed basis to complete homework assignments are not approved even when a school official is present to help with technical difficulties regarding the equipment.
(e) When there are gaps in class times, the worker may approve child care beginning with the first class of the day through the last class of the day.Additional study time is never approved unless it is an approved TANF Work activity.Refer to OAC 340:40-7-8(d).
15.Child care may only be approved for televised courses when the client must view the training during the broadcast because class participation is required.When the client can view the video of the broadcast whenever it is convenient, care is not approved for those hours.
16.The worker sets a reminder to check on the client's school status when the client's care needs are expected to change or he or she is expected to graduate prior to an annual review.When the client states he or she is still attending school, the client must provide a statement from the school verifying that he or she is making satisfactory progress, the reason he or she has not finished the program, and a current class schedule.
17.The intent of the work requirement is for the client to gain work experience and to make use of the training he or she has already received.When special circumstances exist that make this requirement unreasonable, the worker may send an email to the Family Support Services Division (FSSD) Child Care Subsidy Section staff at daycare@okdhs.org requesting special approval.When the request is granted, the worker documents the special circumstances in FACS Case Notes.
18.The goal is for the client to complete the program as quickly as possible.Once the client has completed one session of classes, it is expected that the school can project how much longer classes are needed.
19.When a caretaker receives child only TANF, the caretaker must meet a non-TANF related need factor.
1920.Child care is limited to the days and hours needed to complete the TANF Work activity plus travel time.
2021.This provision helps ensure continuity of care with the same child care provider so a person can continue the employment process.
2122.The worker approves subsidized child care benefits before expecting the applicant to begin job search.The worker assists the applicant in selecting a licensed, contracted facility.Upon selection of a facility, the authorization is entered into the system in the FACS Eligibility Notebook under the Auth. Daycare tab showing a reason, "for caretaker to search for employment," and a beginning and ending date for the authorization using fields K45 and K47.The ending date is no more than 30 calendar days from the date of request and is approved for a maximum of 20 full-time days.When the client requests a change of provider during this 30 calendar day period, the worker only approves child care for the number of days remaining in the 30 calendar day period.
23.(a)To approve child care, the worker uses reason code 5, "TANF – substance abuse treatment" in the Auth. Daycare tab.
(b) Refer to OAC 340:40-7-6(c) for rules regarding periods of absence from the home when the parent attends an in-patient substance abuse treatment.
2224.(a) When the Child Welfare (CW) worker considers the family at risk for child abuse or neglect, but the family is not court involved, the CW worker contracts for Comprehensive Home-Based Services (CHBS) with the Oklahoma Children's Services (OCS).When CW is not maintaining an open CW case, the FSSD worker completes the application for subsidized protective or preventive child care benefits.The CHBS case manager assists the family in applying for subsidized child care benefits.When approved, families receiving CHBS services are approved with a zero family share co-payment.To verify the need for child care, the CHBS case manager provides a written statement to the FSSD worker indicating:
(1) the names and ages of the children for whom child care is needed;
(2) why child care is needed and how it can eliminate or reduce the risk to the children;
(3) what days and hours child care is needed; and
(4) how long the child care is expected to be needed.
(b) When more than 30 calendar days of care is needed, the FSSD worker completes a short memo requesting the protective or preventive child care benefits continue to be approved.The worker attaches this memo to the statement provided by the CHBS case manager and sends them to the FSSD Child Care Subsidy Section staff.
(c) In the FACS Eligibility Notebook under the Auth. Daycare tab, enter reason, "prevention of or protection from abuse, neglect, or exploitation," on the authorization.
2325.The professional must be someone currently working with the family in a professional capacity to improve the family's stability or functioning.Examples may include a doctor, counselor, therapist, CW specialist, SoonerStart worker, or CHBS case manager.
2426.(a) The worker documents in the memo why he or she is requesting that a family's normal family share co-payment be reduced or eliminated and how the family plans to increase its responsibility toward paying the family share co-payment in the future.
(b) Families for whom protective or preventive child care is requested by a CHBS case manager are approved with a zero co-payment.
(c) When the family is receiving other FSSD benefits and income is considered for those other benefits, the worker diverts the income in the Child Care tab of FACS, "total diverted income" field E47.
2527.The worker may help the client develop a budget that decreases the debt or refer the client to Consumer Credit Counseling or another local resource for help.This plan is included in the memo.
2628.(a) The worker sends a memo to FSSD Child Care Subsidy Section staff requesting an extension.The worker attaches to the memo any verification supporting the need for child care. For most protective or preventive extension requests, the memo must include:
(1) names and ages of all children for whom child care is needed;
(2) an explanation of the reason child care is needed, the circumstances leading to the conclusion the child is at risk of neglect, abuse, or exploitation, and how child care can eliminate or substantially reduce risk to the child;
(3) an explanation of whether a CW referral was made and, if not, the reason, as well as any coordination efforts between FSSD, CW staff, and any other community partners;
(4) the days and hours child care is requested for each child;
(5) an explanation of the support system available to the family;
(6) an explanation of the exploration of any free alternative to child care.Examples include the availability of other family members, Head Start, and Mother's Day Out programs;
(7) the length of time child care is needed;
(8) an explanation of what, if any, family share co-payment the family is expected to contribute.When the family share co-payment is reduced or completely waived because of family expenses, an explanation of the plan to decrease the debt is included in the memo; and
(9) the worker's opinion about the need for child care.
(b) FSSD Child Care Subsidy Section staff typically approves protective or preventive requests for no more than six months at a time.When an extension is requested beyond the original time frame approved by FSSD, the worker sends a new memo that includes more detail showing what efforts were made to reduce or eliminate the need for protective or preventive child care.Refer to OAC 340:40-9-1(d) for interview requirements.
(c) In the FACS Eligibility Notebook under the Auth. Daycare tab enter reason, "prevention of or protection from abuse, neglect, or exploitation," on the authorization.
2729.Enrichment child care is not approved when the parent or caretaker meets another need factor.
2830.The client must provide documentation from the school verifying the child is unable to attend class.The worker enters what documentation was provided in case notes.
293.(a) The worker sends or faxes a memo and a copy of the written documentation provided by the client from a professional who is working directly with the child to the FSSD Child Care Subsidy Section staff for approval.The memo includes:
(1) why enrichment child care is recommended for the child;
(2) whether the child has available another way to become socialized, such as participation in a play group with other children, special education services through the local school system, Early Head Start, or Head Start; and
(3) the name of the child care facility the child plans to attend.
(b) FSSD Child Care Subsidy Section staff reviews the memo and documentation and sends a memo or email to the worker stating whether care is approved or denied.When approved, care is authorized for no more than six months at a time.
(c) The worker enters the approval or denial in the FACS Eligibility Notebook, Auth. Daycare tab.The worker enters as the reason "enrichment, supervision, training, or to avoid institutionalization."
(d) Refer to OAC 340:40-7-3.1 for information about the approval process for the higher special needs rate unit type.
