COMMENT DUE DATE:
October 31, 2013
DATE:
October 21, 2013
Laura Brown, AFS (405) 521-4396
Dena Thayer, OIRP Programs Administrator (405) 521-4326
Nancy Kelly, OIRP Policy Specialist (405) 522-6703
RE:
Non-APA WF 13-K
The proposed policy is Non-APA . This proposal is not subject to the Administrative Procedures Act
RE:WF 13-K ITS only
The proposed effective date is November 1, 2013.
SUBJECT:
Chapter 40. Child care subsidy program
Subchapter 5. Plan of service
OAC 340:40-5-1 Instructions to Staff (ITS) Only [AMENDED]
Subchapter 10. Electronic benefit transfer (EBT) system for child care
OAC 340:40-10-4 Instructions to Staff (ITS) Only [AMENDED]
Subchapter 13. Child care rates and provider issues
OAC 340:40-13-5 Instructions to Staff (ITS) Only [AMENDED]
SUMMARY:
OAC 340:40-5-1Instructionstostaffonlyisamendedto:(1)updatedivisionnameandterminology duetoreorganization,publicationnames,howtofindtheonlinechildcarelocation,andapolicy cite;(3)clarifyimportanceofearlychildhoodeducation,traveltime,whenafosterchildmay attendachildcarehomeinwhichheorsheresides,andwhentwocaserecordsmustbe establishedbecauseofco-paydifferences;and(4)addreferencetoAppendixC-4-Band electronicbenefittransfer(EBT)information.
OAC 340:40-10-4Instructionstostaffonlyisamendedto:(1)updateterminologyduetoagency reorganization;(2)removeoutdatedandunnecessarylanguageregardingchildcareliaisonsand contractprovisions;and(3)addclarifyinglanguageregardingin-homeprovidersmanualclaims, workerandproviderresponsibilitiesregardingthepaymentadjustmentprocess,examplesof extenuatingcircumstances,andabsentdaypaymentsareonlymadeforweeklyunittype authorizations.
OAC 340:40-13-5Instructionstostaffonlyisamendedto:(1)updateterminologyandhowtolocate theonlineChildCareLocatorandonlineprovidertrainingduetoagencyandwebreorganization; (2)removeoutdatedandunnecessarylanguageregardingout-of-stateproviders,countychild careliaisons,andcontractviolationsconcerningchildreninfostercare;(3)addinformation regardingthestatewidechildcareliaisonandhisorherduties;(4)updatethepublicationfor obtainingachildcarecontractandrequiredprovidertrainingmaterial;(5)updateproviders,Adult andFamilyServices(AFS)ChildCarestaff,andcountyofficestaffresponsibilitiesregardingthe contractingprocessincludingownershipandbusinessentitychanges;(6)updateAFSChild
Carestaffnotificationrequirementswhencontractsareapproved,denied,cancelled,orchanges occur;(7)updateprovideridentityandOklahomaStateBureauofInvestigations (OSBI) backgroundcheckrequirementsand(8)clarifywhentheprovidermaychargeaclientforcare usedoutsideofplanhoursanddocumentationrequirementswhenreferringaprovidertothe OfficeofInspectorGeneral;(9)updateprovideraddresschangeproceduresduetosystem changes.
SUBCHAPTER 5. PLAN OF SERVICE
340:40-5-1. Plan of service
Revised 6-1-11
Providing child care is part of an overall plan of service designed to help the parent or caretaker with whom the child lives achieve his or her maximum potential for self-support.Quality child care services assure the parent or caretaker that each child has adequate care that affords developmental and learning experiences while the parent or caretaker is engaged in self-support activities.¢ 1The plan of service consists of many components that all link to form a goal-directed plan of care, and includes the components in (1) through (11).
(1) Child characteristics.The worker gathers information about the child for whom child care is needed including his or her name, age, grade level, and whether the child has a disability.¢ 2
(2) Need for child care.The worker determines whether the parent or caretaker meets a need factor per OAC 340:40-7-7 and 340:40-7-8.
(3) Plan hours.The worker gathers information about the days and hours the parent or caretaker meets the need factor, including travel time.¢ 3
(A) When there are two parents or caretakers in the home, the worker only approves subsidized child care benefits when both parents or caretakers meet a need factor during the same hours per OAC 340:40-7-7 and 340:40-7-8.
(B) Based on the days and hours the child requires care, the worker approves a full-time daily, part-time daily, a combination of full-time and part-time daily, weekly, or a blended unit type.¢ 4
(4) Alternative to subsidized child care benefits.The worker and client explore whether there is an appropriate, feasible alternative to Oklahoma Department of Human Services (OKDHS) subsidized child care benefits.¢ 5
(A) If the alternative is a spouse or the natural or adoptive parent of the child who lives in the home, the client must use the alternative rather than subsidized child care benefits.
(B) If the alternative is someone else, the client has a choice whether to use this alternative.¢ 5Possible alternatives include:
(i) care by a dependable relative who is able and willing to assume responsibility for care and supervision of the child for part of the day;
(ii) care in a free or low cost facility, such as a preschool, pre-kindergarten, kindergarten, Head Start, Early Head Start, or tribal child care program;¢ 6
(iii) dependent care expenses considered as earned income exemptions, per OAC 340:10-3-33(3); and
(iv) for a school age child, the rearrangement of the parent's or caretaker's employment or training schedule to coincide with the hours the child is in school.
(5) Plan to increase income.At each application or review the client and worker discuss ways the client can increase household income and identify the goals child care helps the family achieve.Together, they estimate when the family can assume progressively greater responsibility for the cost of child care.The worker makes referrals to other agencies as appropriate and per OAC 340:40-7-9.¢ 7
(6) Back up plan.The worker and client discuss the back up plan for child care if the child cannot go to the usual provider because of illness, school holidays, or other unforeseen emergencies.The back up plan includes the name and address of a person the client feels he or she can rely on when the normal plan of care cannot be used.¢ 8
(7) Choice of provider.The worker documents the choice of provider on the application or review form.¢ 9
(A) If the client does not choose a provider at the time of request, the worker provides the client with information to help in making the choice.
(B) The client may choose a family child care home regardless of star level.¢ 10
(C) The client may not choose a child care:
(i) facility that does not have a valid contract with OKDHS;
(ii) facility in which the client or his or her spouse, including the child's parent or stepparent, has an ownership interest;
(iii) home in which the child resides;¢ 11
(iv) home in which the client also works during the hours his or her child is in care;¢ 1112
(v) provider who does not allow parental access during the hours the provider is caring for children;
(vi) provider who is receiving state or federal funds, such as Head Start, Early Head Start, or public schools who is not charging all parents for the hours subsidy payment is requested; and ¢ 6
(vii) provider caring for a school age child during the regular school day when such student could be attending a public or private school during those hours; or¢ 1213
(viii) center, which is a one star facility unless there are no centers with a higher star status in the community or special exception criteria are met.Special exception criteria are:
(I) the child was already approved for care at this one star center prior to January 1, 2003 or prior to the provider's star status being reduced to one star.The child can remain at this facility unless the child stops attending there for more than 30 calendar days.The child may be approved at this same facility again if the only reason the child did not attend for more than 30 calendar days was because of a school break or due to circumstances beyond the control of the family such as illness of the child;¢ 1314
(II) care is requested for a child living in the same home as a child already approved for care as described in (7)(C)(viii)(I) of this subsection for the same one star child care provider; or
(III) the parent or guardian demonstrates there is no other child care option that meets the family's needs.¢ 1415
(8) Income determination.Per OAC 340:40-7, the worker determines who is considered part of the household for income determination, what income is countable, and what income is excluded.After determining the amount of countable household income, the worker uses OKDHS Appendix C-4, Child Care Eligibility/Co-payment Chart, to determine whether the household meets income guidelines.The OKDHS Appendix C-4 is amended from time to time and the Commission for Human Services must approve any changes.If the income of the family exceeds the eligibility standard on the appendix or is above the income level on the appendix, the family is not eligible for subsidized child care benefits.
(9) Family share co-payment.The worker uses OKDHS Appendix C‑4 to determine the family share co‑payment for each family.The family share co‑payment is applied before OKDHS pays a child care subsidy.¢ 1516The amounts the family and OKDHS pay toward the cost of care varies depending on the plan of service, family size, income, and the number of children receiving subsidized child care benefits.
(10) Social services requests.When a client requests help in meeting the social services needs listed on the application or review form, the worker provides all available information to aid a client in meeting these needs.¢ 1617
(11) Client rights and responsibilities.The worker advises the client of rights and responsibilities listed in (A) through (G).
(A) A child care request is only approved back to the date of request when the interview is conducted and verification is provided on that same date.
(B) The client has the right to ask for a fair hearing if the client disagrees with an action taken on his or her case, per OAC 340:2-5.¢ 1718
(C) The provider may charge the client for special fees, such as enrollment or transportation fees, provided these fees are posted and also charged to the general public.
(D) The provider may charge the client for care provided in excess of OKDHS approved child care plan of service hours when the client chooses to leave the child in care longer.If the provider requires that all children in the facility begin care by a certain time of day and the client's child care plan hours start later, the provider must not charge the client for those additional hours.The client swipes attendance based on the child care plan hours.¢ 1819
(E) The provider may charge the client for any days OKDHS refuses to pay for care when:¢ 19
(i) the client did not swipe attendance for the correct days and times his or her child attended child care;
(ii) swipes were denied and the client did not get them corrected within ten calendar days; ¢ 20 or
(iii) the provider loses the absent day payment for a child approved for a weekly unit type because the client did not swipe correct attendance for every day the child attended that month.¢ 21
(F) The provider may not charge the client for:
(i) days and hours covered in the child care plan when all attendance was correctly swiped even if the hours are more than customary for a full-time day; and
(ii) days the child is not in attendance.¢ 2022
(G) The client is required to cooperate with the OKDHS Office of Inspector General in any audit or investigation of possible overpayments by the client or by the client's chosen provider.
INSTRUCTIONS TO STAFF 340:40-5-1
Revised 10-1-1111-1-13
1.A major focus of all client contacts is to establish a good relationship with the family.Establishing a relationship of mutual trust helps to identify the family's needs, strengths, and goals.Actually seeing and talking to the children in the family also helps in developing a true picture of the family and its dynamics.(a) The worker helps the client become more independent by suggesting ways to increase household income and identifying strengths in the client's life.The Adult and Family Support Services (FSS) (AFS) worker and the Child Welfare (CW) Services (CWS) staff freely share information to develop a plan that best meets the needs of the family when both are working with the family.
(b) The worker explains the importance of early childhood education and encourages the client to choose a higher star status provider.
2.(a) When the child is four 4 years of age or older, the worker asks what days and hours the child attends school to help determine how many hours the client needs subsidized child care.
(b) Child care providers caring for children with disabilities are sometimes eligible for a higher reimbursement rate.Refer to Oklahoma Administrative Code (OAC) 340:40-7-3 and 340:40‑7-3.1 for information regarding children with disabilities and special needs rate approval.
3.(a) It is preferable for the client to provide a signed and dated written statement from the employer, school, or training facility verifying the days and hours the parent or caretaker meets a need factor.When a written statement is unavailable, the worker verifies this information by phone contact with the employer, school, or training facility.The worker must clearly document who he or she spoke with and what was verified in the Family Assistance/Client Services (FACS) Case Notes.
(b) The amount of travel time approved varies depending on what is reasonable for the client.The worker asks the client how much time it takes to get from the work, school, or training site to the child care facility and vice versa.When the worker approves abnormally long periods of travel time because of extenuating circumstances, such as when the client must ride with another person whose schedule varies from the client, or the client lives a long distance from his or her job, the worker documents the circumstances in Case Notes.
4.(a) The amount of travel time approved varies depending on what is reasonable for the client.The worker asks the client how much time it takes to get to the work or training activity after dropping the child off at child care and then how long it takes to get from the work or training activity back to the child care facility.When extra care is approved because the client must ride with another person whose schedule varies from the client or the client lives a long distance from his or her job, the worker documents this in Case Notes.
(b) To help determine the appropriate unit type, the worker uses the Oklahoma Department of Human Services (OKDHS) Appendix C-4-C, Unit Type Chart for Child Care Authorizations.
(1) The worker approves a full-time daily unit type when care is needed more than four hours every day authorized for fewer than 15 days per month or more than 23 days per month.
(2) The worker approves a part-time daily unit type when care is needed for four hours or fewer every day authorized.
(3) The worker approves a combination of full-time and part-time unit types when care is needed more than four hours for some of the days and four hours or fewer for other days.If When the child is four 4 years of age or older, the worker first determines whether the child qualifies for a blended unit type before approving a combination of full-time and part-time unit types.
(4) Child care authorized with a weekly unit type is paid at a full-time daily or part‑time daily rate for the days the child attends care.An absent day payment is made to the child care provider for days the child does not attend care only if when the child attends the minimum number of days required in the month to qualify.Refer to OKDHS Appendix C-4-B, Child Care Provider Rate Schedule, to determine the minimum number of days a child must attend to qualify for an absent day payment and the maximum number of days OKDHS pays the provider.
(A) The worker approves child care with a weekly unit type when the client needs child care more than four hours each day and for at least 15 days and no more than 23 days per month.The client can require care for any of the need factors per OAC 340:40-7-7.
(B) Child care is not approved with a weekly unit type when:
(i) the same child uses two different child care providers;
(ii) any of the care needed is part-time;
(iii) the need for child care is fewer than 15 days per month or more than 23 days per month; or
(iv) the child is using an in-home child care provider.
(C) Refer to OAC 340:40-10-4 for information about how authorizations approved with a weekly unit type are paid.
(5) The worker approves a blended unit type for children four 4 years of age and older when care is needed Monday through Friday, part‑time for the days school is in session and full-time for school holidays.The rate established by OKDHS for a blended unit type is higher than for a part-time unit type and lower than a full-time unit type.It The rate is based on information from the Department of Education information regarding the number of full-time and part-time days the child should need care.OKDHS has established established two blended unit types, traditional and extended school year.The worker must determine which blended unit type is appropriate.
(A) The worker approves the traditional school year blended unit type when the child attends a school with a traditional nine-month school calendar. The child care facility must be open on school holidays except summer break for traditional blended unit type approval.
(i) This unit type pays the blended rate from August 16th through May 15th of each year.
(ii) During the summer months, if when the child continues to attend the same child care facility, the provider is paid the full-time daily rate with an absent day payment if applicable.
(iii) The Information Management System (IMS) system continues to show 23 B during the summer, but for payment purposes the electronic benefit transfer (EBT) system pays a weekly unit type.
(iv) If When a weekly unit type is not appropriate for the summer because the child does not require full-time care at least 15 days and no more than 23 days per month, the worker changes the unit type to match the needs of the child or closes the authorization if when care is not needed.
(B) The worker approves the extended school year blended unit type when the child attends a school with a year round or a continuous learning calendar.Authorizations coded with the extended school year blended unit type receive the extended school year rate for the entire calendar year.The child care facility must be open during school holidays including fall, Christmas, spring, and summer breaks.
(C) A blended unit type is not appropriate when:
(i) the child requires more full-time care days in addition to school holidays during the school year;
(ii) the child does not need care for school holidays;
(iii) the child requires more full-time care days in addition to school holidays;
(iv) the child uses a different child care facility for school holidays;
(v) the child care facility is not open on school holidays;
(vi) only part-time care is needed;
(vii) more than one child care facility is needed for the child; or
(viii) the child qualifies for a special needs or an in-home child care rate.
(6) Care may only be authorized at one facility per day per child.
(A) When the The client advises the worker that he or she plans to may use two different providers for the same child, the worker determines what days of the week care is needed at each when the client uses the second provider on different days of the week.When care is needed on different days, the worker can authorize care at both providers.
(B) The total number of units or days authorized for both providers may not exceed the maximum that would be authorized if care were only needed at one provider.For example, the client wishes to use uses one provider three days per week and another provider two days per week.In this instance, the maximum combined number of days the worker approves care totals 23 days per month.
(7) A child care plan is normally not approved to cover an entire 24-hour calendar day.If When due to the nature of the parent or caretaker's work, he or she must leave the child in child care over 24 hours on an occasional basis, the worker may authorize care after receiving approval from the Family Support Services Division (FSSD) AFS Child Care Subsidy Section staff.
5.The purpose of discussing alternative care with the client is to help the client consider other possibilities to purchased care that might be more suitable for the child.When another adult is living in the home who is not a spouse or a natural or adoptive parent of the child, he or she can refuse to care for the child.When the client does not want a spouse to care for the child, refer to OAC 340:40-7-8(e) for required information required to approve preventive or protective child care.
6.(a) Programs receiving federal grant funds, such as Head Start or Early Head Start, and public schools receiving state funds for education may receive subsidy funds only if when all parents are charged for the hours subsidy payment is requested.The worker approves the appropriate unit type based on the parent's schedule and the number of subsidy hours needed.
(b) If When there is a tribal child care program in the county for which the client might qualify, the worker asks the client if he or she is receiving subsidized child care benefits from the tribe.
(1) The client cannot receive benefits from the tribe and OKDHS for the same service need factor.
(2) When the client needs child care for different services, it is acceptable for the tribe to cover the cost of one service while OKDHS pays for the other service.An example of this would be is when the client works and goes to school.If When the tribe pays the cost of child care while the client works, the worker may approve child care through OKDHS for the hours he or she attends school.
(3) If When the client chooses to receive OKDHS subsidized child care, the same rules governing other clients apply to this client as well.
(4) The child care provider must not file a claim with both OKDHS and the atribe for the same service need factor.
7.(a) The worker plan to increase income may talk to the client about include a discussion regarding:
(1) how to get a raise in pay at work,;
(2) how to look for another job with better earning potential,;
(3) how to increase the client's job skills,; or discuss and
(4) whether the client might may be eligible for other money or benefits, such as child support, Social Security benefits, Supplemental Security Income, unemployment benefits, or veterans benefits.
(b) The worker refers the client to other agencies for help when appropriate.Possible referral sources include:
(1) the Oklahoma Employment Security Commission;
(2) a Workforce Investment Act (WIA) contracted entity;
(3) Workforce Oklahoma Centers;
(4) the local technology center;
(5) a community college;
(6) the Social Security Administration; or
(7) the Department of Veterans Affairs.
8.Helping the client plan in advance for emergencies when a child cannot go to child care may help the client keep a job.
(1) Persons who may be willing to provide child care in an emergency include relatives, friends, or neighbors.
(2) The client may explore other alternatives with his or her employer, such as working from home or working additional hours after the emergency is resolved.
9.When the client chooses to use a provider that he or she is related to, the worker must check the "relative indicator" field on the Auth. Daycare tab in FACS.
10.Refer to OAC 340:40-13-1 for information regarding out-of-home and in-home child care arrangements.Information the worker gives the client to help make this choice includes:
(1) the name and address of the area Child Care Resource and Referral agency for the county.This information is listed in the pamphlet, OKDHS DHS Pub. No. 98-09, "Your Oklahoma Child Care Resource for Services and Information & Referral Association, Inc. – Your Child Care Resource";
(2) a list of contracted providers.The worker obtains a list by searching the Child Care Locator database available on the InfoNet under OKDHS Tools and Resources.The worker prints a list of all one plus and higher star child care centers and all child care homes that meet the client's search criteria.If When there are no one plus and higher star centers in the community, the list includes the one star centers;
(3) how to request case summaries of potential providers from the Oklahoma Child Care Services (OCCS) licensing staff or how to make an appointment to look at the licensing files;
(4) explaining to the client that the "Star star" status of a facility is an indicator that the facility meets additional quality criteria.The worker advises the client that care is not approved at a one star child care center unless there are no one plus and higher star centers in the community or the client meets exception criteria described at per OAC 340:40-5-1(7)(C)(viii) is met and the.The worker's supervisor or county director approves must approve an exception.The client may choose a family child care home regardless of the star level.OAC 340:110-1-8.3 describes provider certification for different star levels.
(A) To be certified as a one star plus program, the provider must meet additional quality criteria that include:
(i) additional training;
(ii) reading to children daily; and
(iii) parent involvement.
(B) To be certified as a two star program, the provider must be:
(i) be nationally accredited or meet the one star plus criteria;
(ii) employ master teachers who meet additional educational requirements; and
(iii) include program evaluation.
(C) To be certified as a three star program, the provider must meet all two star quality criteria and be nationally accredited; and
(5) giving the client all or some of the pamphlets OCCS Licensing produces to help clients choose quality care, .They are which are:
(A) OKDHS Pub. No. 01-18, "Reaching Look for the Stars When Choosing Child Care";
(B) OKDHS Pub. No. 98-09, "Your Oklahoma Child Care Resource for Services and Information & Referral Association, Inc. – Your Child Care Resource";
(C) OKDHS Pub. No. 87-91, "The Parent's Guide to Selecting Quality Child Care"; and
(D) OKDHS Pub. No. 02‑06, "Paying for Child Care Just Got Easier."
11.Per OAC 340:75-7-65(c)(3), an exception may be made when a child attends the child care home immediately prior to the child care home provider becoming the child's foster parent.
1112.In rare instances, such as the special health needs of a child, an exception may be granted by FSSD AFS Child Care Subsidy Section staff.To request approval, the worker sends an email to daycare@okdhs.org.The worker email must include why the client is unable to use a different child care provider.If When approved, the FSSD AFS Child Care Subsidy Section staff documents the approval in FACS case notes and sends an approval letter to the provider.
1213.(a) A child receiving home schooling must receive this instruction from his or her own parent or caretaker except for the time a tutor might be hired.
(b) A child care provider must not be approved to provide child care in order to home school someone else's child.
(c) The worker must not approve a school age child for child care in order for the parent or caretaker to work or attend school during the hours public or private school is in session because he or she wants to home school his or her the child during the evening.
(d) School age is defined as a child enrolled in the first through 12th twelth grade.
(e) Exception: a provider may be approved to provide child care for a school age child with disabilities during the hours public or private school is in session if when a child:
(1) the child with disabilities receives shortened day services from the local school system.Care; or
(2) may also be approved if a child is suspended or expelled from school and the school system verifies there is no other educational alternative available to the child.
1314.The school break may be due to the parent's or child's school schedule.
1415.(a) Exceptions may be granted by the supervisor or county director on a case-by-case basis by the supervisor or county director.Prior to granting an exception, the worker gives the parent or caretaker a list of contracted one plus and higher star centers, and, if when the client wants to use a child care home, all contracted child care homes that meet the client's search criteria.The client is not required to choose a one plus and higher star child care home before considering a one star center if when the client states he or she does not want to use a child care home.
(1) If When there are no one plus and higher star centers in the community, the list includes one star centers and an exception is not required.
(2) The worker uses the Child Care Locator, available on the InfoNet under OKDHS Tools and Resources, to generate this list.
(3) The worker instructs the parent or caretaker to contact all providers on the Child Care Locator list to see if care is available during the hours needed.The client notes on the list why care is not available at these locations or why they did the provider does not meet the client's needs.
(4) If When the client does not is unable to find suitable care from the providers on the list, the supervisor or county director reviews the client's notes on this list to determine whether to grant an exception.The supervisor or county director documents in FACS Case Notes if and why an exception was or was not granted.
(5) Exceptions may be granted when none of the providers on the client's list:
(A) have an opening during the times care is needed.For example, the client works during the evening or overnight and no one else provides care during those hours;
(B) are willing to meet the child's special needs of the child.For example, the other providers are unable to meet the needs of a child with disabilities or provide transportation to and from the child's school; or
(C) are within a reasonable distance from the parent parent's or caretaker's home because of due to transportation issues.
(b) When the supervisor or county director agrees that an exception is warranted under (a) of this Instruction, the worker gives the parent or guardian a list of one star center providers.If When the client then finds a one star center that meets the family's needs, care may be approved at that facility.
1516.(a) In the Household tab in FACS, the worker chooses "social services" in the "benefit" field F24 and "added to benefit section" in the "status" field F25 to only add only the child being approved for child care.All other household members are shown as "not included in benefit.Income and resources are considered in benefit computation" in the "status" field F25.The system calculates the family share co-payment based on information entered in the Household and Income tabs of FACS and the "number of children receiving child care" field E52 and is shown in the "Family Co-pay" field E53 in the Child Care tab.The system maps this family share co-payment to the "co-pay" field K70 of the authorization section when a change action is entered in the Child Care tab.The family share co-payment is never prorated.
(b) Children who are exempted from co-pay must be authorized for child care in a separate case record from children not exempt from co-pay in order for the The system is only able to calculate the one family share co-payment correctly per case record.The worker must document in FACS Case Notes why two case records must be established and what When the client's income is being must be considered or excluded in each case for some, but not all children requesting child care, separate case records must be established.The family may choose to include all children on one case if this results in a reduced family share co-payment.
(1) Examples of situations when separate cases may be required are described in paragraphs (1) through (4). the client's income is not considered include when:
(1)(A) When a family requests child care for a child who is exempt from co-pay because he or she receives Supplemental Security Income (SSI)or Temporary Assistance for Needy Families (TANF) and is pre-determined eligible with a zero co-payment per OAC 340:40-7-1 and for another child who is not exempt, two separate cases are created to avoid counting household income for the co-pay exempt child.;
(2)(B) When an adoptive parent requests child care for a child who a child is adopted and meets all five conditions described in per OAC 340:40-7-12(6) and is eligible for a zero co-payment and also requests child care for the child's sibling who does not meet these conditions, two case records must be established.; or
(3) When a client applies for child care benefits for a child for whom the client is not legally and financially responsible the income of the client is not considered.When there are also children in the household that (C) the client is not legally and financially responsible for that require the child care, their benefits must be authorized on a separate case so the client's income is considered only for the children for whom he or she is legally and financially responsible per OAC 340:40-7-6(b)(2).
(2) The client may choose to include all children and all countable household income on one case when doing so allows every child needing child care to be income eligible.An example may include when one or more children is not income eligible unless the household size increases by including the child eligible for a zero co-payment.
(3) When two case records are established, the worker must document in FACS Case Notes the:
(A) reason two case records must be established;
(B) income considered or excluded in each case; and
(C) names of the children approved for child care benefits in each case record.
(c) The family share co-payment is assigned to one provider per case.When more than one provider is used by the family, the worker must determine which provider gives the most costly care to the family.The worker must use OKDHS Appendix C-4-B, Child Care Provider Rate Schedule, to determine the daily rate for each child based on that child's service plan.The worker adds the monthly cost of care per child and then per provider.The worker assigns the family share co-payment to the provider giving the care that results in highest total cost.
(1) The worker chooses N for non-exempt in the "co-pay exempt" field K78 of the Auth. Daycare tab for each authorization approved for the provider giving the most costly care to the family.
(2) For all other providers, the worker chooses S for second provider in field K78 "co-pay exempt."
(3) The system maps the entire family share co-payment to each child's authorization where the "co-pay exempt" field is marked N and maps a zero co-payment to each authorization marked S in the "co-pay exempt" field.
(4) The authorization(s) for the non-exempt provider must be open on the system without edits before the worker enters the authorization(s) for the provider exempted from co-pay.If When the worker tries to enter both authorizations at the same time, the authorization coded S in K78 edits as it cannot find an open authorization for another provider.
(d) When a child's authorization is closed or opened, the system recalculates the family share co-payment after the worker enters a change action in the Child Care tab and enters the correct number of children in the "children in daycare" field E52.The system maps the family share co-payment to each open authorization and generates a notice to the client.Refer to OAC 340:40-9-2(b) and Instructions to Staff (ITS) # 4 for information about adding children and OAC 340:40-9-2(c) and ITS # 5(a)(2) for information about removing children.
(e) The entire monthly family share co-payment appears on the tape from the point-of-service (POS) machine each time the client swipes attendance at the child care facility.The only time the amount of co-pay showing on the tape changes is when the worker reduces the family share co-payment for that month.
(f) When a child is removed from licensed child care, the worker assesses whether that child's current care arrangement places the child at risk of abuse, neglect, or exploitation.A The worker makes a referral is made to Child Welfare (CW) if CWS when appropriate.
(g) Refer to OAC 340:40-7-11(c)(5) for information on court-ordered child care payments and third party payments made directly to the child care provider.
(h) Refer to OAC 340:40-9-2(e) for information regarding calculation of the family share co-payment when the client changes child care providers.
1617.Each human services center (HSC) has county office maintains a current list of community resources that may be given to a client to meet social services needs for referral purposes.The worker ensures the identified agency can help before Before sending the client to that a specific agency, the worker calls the agency to confirm the type of help needed is available.
(1) When the client requests information is requested to prevent domestic violence or child abuse, the worker determines whether to complete a referral to CWS on Form 08MP013E, Information/Referral – Social Services.
(2) If When the worker is uncertain how to handle questions or other social service needs mentioned by a client, the worker seeks help from his or her supervisor, or HSC other county office staff.
1718.The applicant may request a fair hearing because of actions taken on a child care request as well as a child care application.
1819.(a) There are providers who require that When the provider requires that all children be in attendance by a certain time every morning, for instance 9:00 a.m., regardless of the client's work or school schedule, the provider must not charge the client for those additional hours.
(1) Reasons given by the provider may give for this requirement include limiting disruptions to program content, so all children participate fully in the quality content of the child care program, or to reduce transportation costs for the provider.
(2) When For example, when based on the client's work or school schedule does not begin until 11:00 a.m., care is not needed until 11:00 a.m., but the provider requires attendance by 9:00 a.m., the client swipes must swipe attendance by entering a previous in for 11:00 a.m. on the POS machine when the child is picked up at the end of the day.The provider must not charge the client for the additional two hours of care.
(b) If When the client chooses to drop the child off at the child care provider earlier than the approved plan of service hours or leaves the child later for personal reasons, the provider may charge the client for those the additional hours.
1920.The worker emphasizes to the client the importance of checking for an approval message on the POS machine and to report immediately reporting any pending or denied messages to his or her worker immediately.The video the client must watch emphasizes this responsibility.Refer to OKDHS Appendix C-4-B for information about weekly unit types and absent day payments and OAC 340:40-10 for EBT information.
21.Refer to DHS Appendix C-4-B for information about weekly unit types and absent day payments.Refer to OAC 340:40-10 for EBT information.
2022.Refer to OAC 340:40-13-5(g)(i) for a list of provider contract violations.
SUBCHAPTER 10. ELECTRONIC BENEFIT TRANSFER (EBT) SYSTEM FOR CHILD CARE
340:40-10-4. Child care electronic benefit transfer (EBT) payment process
Revised 6-1-11
(a) Child care payments.The Oklahoma Department of Human Services (OKDHS) makes payments for child care services to providers electronically using the electronic benefit transfer (EBT) system unless the provider is an in-home provider.These providers are paid manually via the EBT system after submitting Form 10AD121E, Child Care Claim.¢ 1
(b) Point-of-service (POS) machines.Contracted child care providers are issued a POS machine within ten days of the date the worker authorizes care for a child and the provider notifies the OKDHS contractor that he or she is beginning to care for a child eligible for an OKDHS subsidy.¢ 2
(c) Attendance swiping.Clients record actual times their child attends child care by swiping an EBT card through the POS machine.Providers can charge clients for care provided on days they fail to bring their EBT card or when the machine message shows care is denied.If care is later approved for that date(s), the provider must reimburse the client for any care paid for by the client above the family share co-payment.
(1) Providers must monitor the POS machine to ensure correct attendance times are recorded.If incorrect times are recorded, the provider can void the incorrect transaction and ask the client to start over.¢ 3
(2) When clients forget to swipe their EBT card for a day their child attends care, record incorrect times that are voided by the provider, or receive a denied error message, the system allows the client to swipe previous in and out times for the current day and the previous nine days.
(3) Based on attendance recorded and the level of care authorized, electronic settlements to providers are made weekly.
(d) EBT payment week.The EBT payment week begins every Sunday at 12:01 a.m. and ends every Saturday at midnight.Electronic settlements are made each week in the provider's designated financial institution account on Tuesday morning for services provided two weeks prior to the current week.If the financial institution is closed on Monday or Tuesday or Monday is a holiday, the electronic settlement is deposited on Wednesday morning.
(e) Manual claims process.When the provider reports he or she was not paid correctly, the provider may submit Form 10AD121E or ask the client's worker to submit Form 10EB004E, Report of EBT Child Care Payment Adjustments, to the Electronic Payment Services (EPS) Unit of the Finance Division for a manual adjustment.¢ 4EPS staff evaluate whether to adjust payment to the provider based on the reason care was not paid electronically.
(1) If the client did not attempt to record attendance electronically, no payment is made to the provider for days swipes are not recorded unless extenuating circumstances beyond the client's or provider's control exist.These extenuating circumstances must be documented on Form 10AD121E.¢ 5
(2) If the client swiped correct attendance times but swipes were denied in error, EPS staff makes manual adjustments.¢ 6
(3) If the family share co-payment applied by the EBT system was incorrect, EPS staff makes manual adjustments.¢ 7
(4) If the provider was paid the wrong rate because of incorrect coding of the child care plan, an incorrect birth date shown for a child, or an incorrect star status paid, EPS staff makes manual adjustments.¢ 8
(f) Absent day payments.Providers can be paid an absent day payment for a child who misses some days of scheduled attendance and is authorized for a weekly unit type.An absent day payment is electronically deposited in the provider's account in their weekly settlement received after the tenth of the month following the month care was given.To be eligible to receive this additional payment, the child must be approved for a weekly unit type and attend the minimum number of full-time days shown on OKDHS Appendix C-4-B, Child Care Provider Rate Schedule, for that month.The provider is not eligible for an absent day payment if the child did not attend the minimum number of full-time days for that calendar month or attended the maximum days paid also shown on OKDHS Appendix C-4-B.¢ 9
INSTRUCTIONS TO STAFF 340:40-10-4
Revised 10-1-1111-1-13
1.In-home providers are not issued point-of-service (POS) machines.Staff in the Adult and Family Support Services Division (FSSD) (AFS) Child Care Subsidy Section mails a pad paper copies of Form 10AD121E, Child Care Claim, to each in-home provider when he or she is first approved for an Oklahoma Department of Human Services (OKDHS) a contract.The in-home provider contacts the child care liaison staff in AFS Child Care Subsidy when the provider needs additional supplies of this form are needed or prints copies from the Provider Web at www.ebt.acs-inc.com/provider/ok.
2.(a) The telephone number for Xerox, the OKDHS electronic benefit transfer (EBT) contractor, Affiliated Computer Services (ACS), is in the provider handbook issued to new providers once when their contract is approved.The child care liaison can also give this number to the provider.Refer to OAC 340:40-13-5 for contracting information.
(b) The child care liaison AFS Child Care Subsidy staff contacts staff in the Financial Services Electronic Payments Systems (EPS) of the Finance Division Unit to report any delay in installation of the POS machine installation.
3.Form 08CC001E, Child Care Provider Contract, advises providers of their responsibility to ensure accurate attendance is recorded by clients.Providers may only void transactions for care given on the current day and the previous nine days.
4.(a) EPS staff makes manual payment adjustments once payments are made for the time period for which the manual claim adjustment is requested.
(b) The provider completes Form 10AD121E when swipes are denied and not corrected by the client within 10 days or due to extenuating circumstances, attendance information was not correctly swiped on entered in the system.An example of when Form 10AD121E must be completed, if care was authorized and given but ACS did not install a POS machine timely.Extenuating circumstances may include when:
(1) swipes are denied and cannot be corrected by the client within 10 calendar days because of worker delay in application approval; or
(2) care is authorized and provided, but attendance information cannot be entered into the system because Xerox did not install a POS machine timely.
(c) The worker completes Form 10EB004E, Report of EBT Child Care Payment Adjustments, when attendance was is correctly recorded but the worker determines the provider states he or she is owed more money for a specific reason and the worker concurs is not being paid correctly.
(1) Prior to completing Form 10EB004E, the worker makes changes to the family share co-payment or the authorization for the current month, if whenappropriate.This may reduce or eliminate the need for an adjustment.Instructions to Form 10EB004E include a chart showing needed action.
(2) After submitting the form Form 10EB004E to EPS staff, the worker documents in case notes what month(s) is included in the supplement, the reason the form was needed, and the date it was submitted.
5.Extenuating circumstances are rare and may include worker or system error errors.The provider must give a detailed explanation on Form 10AD121E why it was beyond the client's control to record attendance.
6.This may occur when child care benefits are reopened back to the first of the month after the tenth day of that month more than 10 days after the effective closure date.The provider submits must submit Form 10AD121E to EPS for a manual to request the payment adjustment.
7.This may occur when the client reports that income has terminated or reduced after the month starts.The worker changes the Income tab of the Family Assistance/Client Services (FACS) Interview Notebook and the Child Care tab of the Eligibility Notebook effective income on the case for the current month so the system reflects the correct co-payment.If When too much co-payment has already been applied, the worker sends Form 10EB004E to the EPS for to request a manual payment adjustment.After submitting the form to EPS staff, the worker documents in case notes what month(s) is included in the supplement, the reason the form was needed, and the date it was submitted.
8.When the provider reports there is a problem with the rate he or she the provider was paid, the worker sends Form 10EB004E to EPS requesting a manual payment adjustment.Prior to sending the form, the worker corrects after correcting the problem.For a star status problem, the worker asks staff in the FSSD submits a Remedy ticket to the AFS Help Desk to push the authorization across to the OKDHS contractor EPPIC system.If When the birth date, or child care plan number of units, or unit type is incorrect, the worker corrects the case before submitting Form 10EB004E.After submitting the form to EPS staff, the worker documents in case notes what month(s) is included in the supplement, the reason the form was needed, and the date it was submitted.
9.The OKDHS Appendix C-4-B, Child Care Provider Rate Schedule, shows the minimum number of days a child with a weekly unit type must attend to receive an absent day payment.If the For example, a child is approved for a weekly unit type, he or she must attend a minimum of 15 full-time days in a 30 day month to qualify for an absent day payment.If When the child attended attends exactly 15 days, the provider receives an absent day payment for seven days of care.If When the child attended attends 22 days of care, no absent day payment is made since the provider would have already received the maximum payment for that month.
SUBCHAPTER 13. CHILD CARE RATES AND PROVIDER ISSUES
340:40-13-5. Child care provider contracts
Revised 6-1-11
(a) Criteria.In order for the Oklahoma Department of Human Services (OKDHS) to purchase out-of-home child care services, a provider must have a current Form 08CC001E, Child Care Provider Contract, signed by both the owner of the facility and the OKDHS Director or designee on file with the Family Support Services Division (FSSD) Child Care Subsidy Section staff. OKDHS assures all persons that OKDHS or any provider of contractual services, does not take into account a person's race, color, religion, sex, national origin, or disability in the selection or eligibility of persons to receive services and in the manner of providing them.Age may be a factor only to the extent that certain services are designed for a particular age group.
(1) Written complaints of noncompliance with the assurance in (a) of this Section may be made to the Director of OKDHS or to the Secretary of Health and Human Services, Washington, D.C., 20201.
(2) Local Oklahoma Child Care Services (OCCS) licensing staff provides initial information about contracts for child care facilities.The provider contacts the child care liaison to request a contract.
(3) Child care contracts are valid for a maximum of one year.Contracts are automatically renewed for successive one year terms, under the same terms and conditions, unless the child care provider or OKDHS gives written notice of its intent not to renew to the other party at least 30 calendar days prior to the expiration of the current term.
(b) License and star status for child care centers and homes.OKDHS does not contract with child care providers located out-of-state unless the provider had a contract in effect on January 1, 2010.¢ 1Child care providers may only obtain an OKDHS contract after they are licensed or permitted.¢ 2
(1) A child care center requesting a contract must have a license or permit and have a one plus and higher star status.The child care center provider may sign Form 08CC001E if a one plus and higher star status shows on the child care licensing system (CCLS) within 30 calendar days.
(2) A child care home provider requesting a contract must have a license or a permit.
(A) If licensed, the child care home provider may sign Form 08CC001E if one star status or higher shows on CCLS.
(B) If on permit, the child care home provider may sign Form 08CC001E if one star plus status or higher shows on CCLS within 30 calendar days.
(c) Procedure for obtaining child care contracts.The procedures in (1) through (5) of this subsection are used to obtain child care contracts.
(1) OCCS licensing staff gives the child care provider a flyer titled "Obtaining a Contract with OKDHS for Child Care Subsidy Payments."The provider is instructed to contact the child care liaison to obtain the compact disk (CD) titled "Orientation to Child Care Subsidy Contracts" for training and review of the contracting requirements.The CD includes instructions on how to complete the training, take the proficiency test, and print the certificate of completion.¢ 1
(2) When contacted by the owner or authorized signor of a child care facility, the child care liaison explains that the owner or authorized signor must view the required training CD, pass the proficiency test, and provide the certificate of completion before signing a contract.¢ 3The date on the certificate of completion must be within 30 calendar days of the date the contract is signed.Directors are not required but are highly encouraged to view the training.¢ 4
(3) Once the certificate of completion is provided, the child care liaison types all identifying information on Form 08CC001E.The child care liaison gives Form 08CC001E to the provider and explains that the earliest date a contract is valid is the date of approval by the OKDHS Director or designee.¢ 5
(4) The owner or authorized signor signs the contract and returns the contract to the child care liaison.The owner or authorized signor must also provide:
(A) proof of his or her identity; ¢ 2
(B) a copy of the owner's or authorized signor's Social Security card;¢ 6
(C) a copy of the Oklahoma State Bureau of Investigation (OSBI) background investigation report for the owner or authorized signor of a center or a child care home;¢ 73
(D) proof of the employer identification number (EIN) for a child care centerprovider and any home provider who is not a sole proprietor; and
(E) a copy of the certificate of completion of the required CD training.
(5) The child care liaison sends Form 08CC001E, the Contract Routing Checklist, and the documents listed in (c)(4)(A-E) of this Section to the FSSD Child Care Subsidy Section staff for approval or denial.¢ 1
(A) If approved, the FSSD Child Care Subsidy Section staff assigns a contract number and sends a copy of the signed contract back to the provider.¢ 84
(B) If denied, the FSSD Child Care Subsidy Section staff sends a letter to the provider advising it is not in the best interest of OKDHS to contract with the provider.¢ 95
(C) If the child care provider signs Form 08CC001E but fails to complete other contracting requirements within 30 calendar days, the child care liaison attaches Form 08CC001E to the Contract Routing Checklist and sends it to the FSSD Child Care Subsidy Section staff for denial.
(d) Changes that must be reported.Form 08CC001E advises child care providers of changes they must report to the FSSD Child Care Subsidy Section staff no less than 30 calendar days prior to the effective date of any changes.When the provider fails to report the anticipated change timely and a new contract is needed, a gap may occur in the child care subsidy payment to the provider.Changes that must be reported include:
(1) collaborations or agreements;
(2) anticipated sale of the business;
(3) change of legal business entity;
(4) change of physical or mailing address;
(5) change in facility status;
(6) legal name change;
(7) plan to stop caring for children;
(8) change of phone number; and
(9) reduction of star status.
(e) Changes that do not require a new contract.Changes that do not require a new contract include a:
(1) legal name change;
(2) change of location.When a child care center or home provider changes the location of his or her child care business, the provider must notify FSSD Child Care Subsidy Section staff of the new location and sign a new license application agreeing to care for children at the new location.¢106 The provider's license and contract remain open with the same:
(A) begin date;
(B) number assigned; and
(C) star status;
(3) facility status change from a child care home to a large child care home or from a large child care home to a child care home as long as the same license number is used; and
(4) facility status change from a child care home to a child care center or a child care center to a child care home if the business entity stays the same.
(f) Changes that require a new contract.Changes that require a new contract are included in (1) through (2) of this subsection.When a new contract is required, procedures in (c) of this Section are used to complete and submit child care contract requests.
(1) Change in ownership.¢ 117When the owner of a child care center or child care home changes, the new owner or authorized signor may sign Form 08CC001E if the:¢ 2
(A) child care center:
(i) has a new license or permit application is pending; and
(ii) meets or is anticipated by OCCS licensing staff to meet one plus star status or higher within 30 calendar days; or
(B) child care home:
(i) has a new license application pending; and
(ii) is anticipated by OCCS licensing staff to meet one star status or higher within 30 calendar days.
(2) Change of legal business entity.¢ 127Examples of changing legal business entity include changing from a sole proprietor to a corporation, partnership, or limited liability company.
(A) When a child care center changes the business entity, a new license application is required.A child care center provider may sign Form 08CC001E if the:¢ 2
(i) new license or permit application is pending; and
(ii) provider meets or is anticipated by OCCS licensing staff to meet one plus status or higher within 30 calendar days.
(B) When a child care home changes the business entity, a new license application is required.A child care home provider may sign Form 08CC001E if the:¢ 2
(i) license application is pending at any star status; or
(ii) permit application is pending and the provider meets or is anticipated by OCCS licensing staff to meet one plus status or higher within 30 calendar days.
(g) Providing care at a different site than is authorized.When the child care provider signs the child care contract, he or she agrees to provide care only at the physical address designated in the contract.In certain circumstances, a child care center provider who owns more than one child care center may move children receiving subsidized child care benefits to an alternate center only after he or she receives prior approval in writing from the FSSD Child Care Subsidy Section staff authorizing him or her to move the children and the point-of-service (POS) machine to the alternate site for a designated period of time.FSSD Child Care Subsidy Section staff may give approval when (1) through (4) are met.
(1) The same owner or legal business entity owns the alternate site.
(2) The alternate site is licensed and contracted at the same star level and the provider has adequate licensed capacity at the alternate site.
(3) There is a legitimate business reason for providing care in another location.
(4) The provider advises FSSD Child Care Subsidy Section staff how he or she is ensuring that parents are aware their children are being cared for at a different location.
(h) Renewal of child care contracts.Contracts automatically renew for successive one year terms, under the same terms and conditions, unless the provider or OKDHS gives written notice of its intent not to renew to the other party at least 30 calendar days prior to the expiration of the previous term.A contract is not renewed when a provider fails to complete required contract training or to provide any other information or documents requested during the contract renewal period.
(i) Contract violations.When the child care provider signs Form 08CC001E, the provider is agreeing to abide by the terms of the contract.When human services center (HSC) staff becomes aware that a provider is violating the terms of the contract, he or she sends an e-mail to FSSD Child Care Subsidy Section staff advising of the circumstances.¢ 138HSC staff may also complete Form 19MP001E, Referral Form, to report the violation to the Office of Inspector General. Examples of contract violations include, but are not limited to:
(1) discriminating against persons seeking services either by charging a discriminatory rate or violating a person's rights as listed in the Civil Rights Act of 1964 as amended, the Rehabilitation Act of 1973 as amended, or the Americans with Disabilities Act of 1990, as amended;
(2) failing to maintain a drug-free workplace;
(3) operating over licensed capacity;
(4) possessing or swiping a client's electronic benefit transfer (EBT) card;
(5) knowing a client's personal identification number;
(6) refusing unlimited access by a parent or caretaker to the areas of the facility used for child care during the hours of operation;
(7) failing to ensure accurate time and attendance information was recorded by the parent or caretaker on the POS machine.The attendance, not time, of a child approved for the part-time or blended unit type is recorded on the POS machine by the parent or caretaker during the school year;
(8) charging a client receiving subsidized child care more than the OKDHS rate for days and hours within the client's plan of service; ¢149
(9) charging a client receiving subsidized child care an allowable fee not charged to non-OKDHS participants;¢1510
(10) failing to post all of the facility's rates and fees;
(11) charging a client or requiring a client to swipe attendance for days and hours outside of client's plan of service when those days and hours are a requirement of the provider, not a choice of the client;¢ 149
(12) failing to advise and provide OKDHS a completed copy of any agreement the provider enters into within 30 calendar days of entering into a collaboration or agreement.This includes agreements with Head Start, Early Head Start, public schools, or any other programs receiving state or federal funding;
(13) claiming or receiving payment from OKDHS for any hours of care the provider is not charging all parents for care because provider receives state or federal funds for those hours.Refer to OAC 340:40-5-1(7) for policy on collaborations;
(14) claiming payment for care given for any hours in an unlicensed collaborative classroom;
(15) moving the children from the agreed upon location shown in the contract for reasons other than field trips and claiming for services at the other location without prior written approval from the FSSD Child Care Subsidy Section staff;
(16) moving the POS machine without receiving prior written approval from the FSSD Child Care Subsidy Section staff per subsection (g) of this Section;
(17) failing to inform OKDHS of a change in facility status, location, legal business entity, or ownership of the business at least 30 calendar days in advance of the change;
(18) failing to inform OKDHS in writing within ten calendar days of any person who has an ownership or controlling interest in, or is an agent or managing employee of the child care business, who has been convicted of a criminal offense related to such person's involvement under Titles XVIII, XIX, or XX of the Social Security Act;
(19) not maintaining written records for manual claims filed during the last three years;
(20) not maintaining written attendance records which include in and out times for the last three years;
(21) refusing to make available to OKDHS all business records that document proper fiscal and program management by the provider within an hour of request by any OKDHS representative;
(22) failing to allow full access to the facility's premises and personnel to investigate a complaint;
(23) failing to report the income from the child care business within ten calendar days to his or her Family Support Services (FSS) worker if receiving benefits;
(24) claiming payment for care given by a home provider for his or her employee's child.Refer to OAC 340:40-5-1(7); ¢ 16
(25) subcontracting services to another provider; and
(26) breaching the contract signed by the provider with the OKDHS EBT contractor.
(j) Cancellation of child care provider contracts.FSSD Child Care Subsidy Section staff initiates the cancellation by issuing a notice to the provider.¢ 1711
(1) Contracts may be cancelled:
(A) with cause.The effective date of cancellation is 13 calendar days after FSSD staff mails the notice.This allows three calendar days for mailing time.The notice must contain a reference to the grounds for cancellation including the specific contract provision(s) that was violated; or¢ 1812
(B) without cause.The effective date of cancellation is 33 calendar days after FSSD staff mails the notice.This allows three calendar days for mailing time.¢ 1913
(2) The FSSD Child Care Subsidy Section staff communicates with the child care liaison when a contract is being cancelled to ensure that HSC staff has sufficient time to plan with clients to find another facility, if necessary.When it is necessary to cancel authorizations with a child care provider, the provider is notified by use of a computer-generated notice.FSSD Child Care Subsidy Section staff closes all authorizations with the provider whose contract is cancelled except for Child Welfare (CW) authorizations.An e-mail is sent to the KIDS Help Desk notifying them of the contract cancellation requesting closure of CW authorizations.
INSTRUCTIONS TO STAFF 340:40-13-5
Revised 6-1-1111-1-13
1.If a client states he or she wishes to use an out-of-state provider, the worker advises the client the Oklahoma Department of Human Services (OKDHS) does not contract with out-of-state providers.The worker asks the client to choose an in-state contracted provider.
2.The child care liaison monitors the license status of all providers requesting a contract by accessing Oklahoma Child Care Services (OCCS) Licensing Services information on the Child Care Licensing System (CCLS).The CCLS is located on the InfoNet under OKDHS Tools.Refer to the Family Support Services Division (FSSD) Child Care Subsidy Section Web site for detailed instructions on accessing the CCLS.The child care provider gives his or her license number to the liaison.The liaison uses the provider number to access the provider's CCLS information.Once the provider's information is showing, the liaison chooses Report, Case Summary, and Case Action.The license status is found under the Case Action tab by reading the line titled "License/Permit Status" and the "effective date."The Star Status can be found by choosing the Case Summary Overview, Case Action, and Star tabs.
31.An owner or authorized signor is defined as the person who is designated to obligate the business.Refer to OKDHS Appendix L-7.
(a) Contracting processes are facilitated by the statewide child care liaison in Adult and Family Services (AFS) Child Care Subsidy at the Sequoyah building.When a child care provider requests a child care contract from county office staff, the provider is referred to the statewide child care liaison.
(b) The March, 2013, revision of Publication No. 07-12, "Obtaining a Contract with DHS for Child Care Subsidy Payments," is in a tri-fold brochure format.
(c) The CD training, "Orientation to Child Care Subsidy Contracts" is obsolete.Required provider training must be completed online at www.OKDHS.org.From the home page, the provider clicks on "How do I apply for a child care provider contract?" to access the Child Care Provider Contracts web page.Under "online services," the provider clicks on "Orientation to Child Care Subsidy Contracts" to view the training, pass the proficiency test, and print the certificate of completion.
4.The "Orientation to Child Care Subsidy Contracts" training CD and the flyer titled, "Obtaining a Contract with OKDHS for Child Care Subsidy Payments," are given to the provider upon request at any time.
5.The dates in Part One and Part Two of Form 08CC001E are left blank for entry by FSSD Child Care Subsidy Section staff.The earliest date entered is the date approval of the contract is granted.
62.The owner or authorized signor must provide photo identification (ID) to the child care liaison signor's declaration is accepted as proof of identity.The child care liaison checks on the Contract Routing Checklist that he or she has seen photo ID that confirms the owner's or authorized signor's identity.A copy of the photo ID is not sent to FSSD Child Care Subsidy Section staff.
73.(a) In order to obtain a license, the owner or authorized signor of a child care facility must undergo an Oklahoma State Bureau of Investigation (OSBI) background check.All providers applying for a new contract must provide a copy of his or her Oklahoma State Bureau of Investigations (OSBI) background check to the statewide child care liaison.An existing OSBI background check will only be is accepted if when issued within the past 12 months.The OSBI background check must be a name based search and include all search results and dispositions.
(b) The OSBI background check is not required for providers that are making an entity or facility status change, as long as the person signing the contract remains the same.
(c) The FSSD AFS Child Care Subsidy Section programs manager may waive the requirement for a federally recognized tribe that has a cooperative agreement with OCCS Child Care Services (CCS).
84.(a) FSSD Child Care Subsidy Section staff enters information about the provider on the Daycare Contracts/Registrations screen (PCU) on the Information Management System (IMS) when the contract is initially approved and as changes occur.FSSD Child Care Subsidy Section staff notifies the child care liaison by e-mail of the contract number and the approval date for the contract.The statewide child care liaison then notifies the new contracted provider and appropriate human services center (HSC) staff county director at the local county office of the new contract number and approval date for the contract.
(b) HSC County staff accesses information about contracted child care providers by using transaction PCI on IMS.Enter PCI space and the contract number.The PCI screen gives information about the child care provider, such as the provider's name, location, and mailing address(es), contract begin date, and the owner's name of the owner.If When the contract number is unknown, the worker obtains the number by using the PCX transaction or Child Care Locator.
(1) To use PCX the worker enters PCX space and up to the first eight letters of the child care center name or child care home provider's first name.The PCX transaction displays the names of all child care providers beginning with those beginning letters.HSC County staff enters PCI next to the contract number on the list displayed to obtain information about the provider.To view instructions and filter options for these transactions, enter M space and the transaction code.Example: M space PCX.
(2) The Child Care Locator is available on the InfoNet under OKDHS Tools and Resources.The worker clicks on Child Care Locator, chooses the county where the facility is located, and enters the name of the facility for a child care center or the first and last name of the owner for a child care home.A gray ball bullet appears in front of the names of providers with child care contracts.The worker obtains the contract number by hovering their the cursor over the gray ball bullet.
(c) FSSD AFS Child Care Subsidy Section staff sends provides a copy of the "Contracting with OKDHS for Child Care Subsidy Payments" handbook to the provider after contract approval.
95.FSSD AFS Child Care Subsidy Section staff notifies the child care liaison county director by e-mail email that the provider's contract request has been was denied.
106.FSSD Child Care Subsidy Section staff changes the provider's address on IMS and sends an e-mail to OCCS licensing staff when address changes are reported.With the implementation of CCMASS, AFS Child Care Subsidy staff are unable to update addresses.Only Licensing staff have this ability.Providers must contact their Licensing specialist with address changes.
117.OKDHS CCS and AFS staff works works together to avoid or reduce any gap in the child care subsidy payment.If A gap in the child care subsidy payment may occur when the new owner does not provide submit a new contract and all required verifications to the FSSD AFS Child Care Subsidy Section staff at least 30 calendar days prior to the ownership change, there may be a gap in the child care subsidy payment or business entity change.
138.(a) FSSD AFS Child Care Subsidy Section staff reviews evaluates the circumstances and whether the provider has agreed agrees to stop the practice.Depending on the circumstances, FSSD AFS staff may:
(1) decide no further action is needed;
(2) initiate a corrective action plan;
(3) request that HSC county office staff completes Form 19MP001E, Referral Form, to start an investigation; or
(4) decide to cancel the child care provider's contract.
(b) When FSSD AFS Child Care Subsidy Section staff recommends completion of Form 19MP001E, HSC county staff:
(1) puts as much detail as possible about the violation on the form.This includes including:
(A) who reported the name of the person reporting the violation,;
(B) what was alleged, the provider's comments when called about the violation, the content of the allegation; and
(C) a telephone number to reach this for the person reporting the violation; and
(2) The HSC staff attaches any written documentation that supports supporting the allegation to the Form 19MP001E.When a client reports a violation, the client may provide a written statement.
149.(a) There are providers who require that When the provider requires that all children be in attendance by a certain time every morning, for instance 9:00 a.m., regardless of the client's work or school schedule, the provider must not charge the client for those additional hours.
(1) Reasons given by the provider may give for this requirement, include limiting disruptions to program content, so all children participate fully in the quality content of the child care program, or to reduce provider transportation costs for the provider.
(2) When For example, when based on the client's work or school schedule does not begin until 11:00 a.m., care is not needed until 11:00 a.m., but the provider requires attendance by 9:00 a.m., the client swipes must swipe attendance by entering a previous in for 11:00 a.m. on the POS machine when the child is picked up at the end of the day.The provider must not charge the client for the additional two hours of care.
(b) If When the client chooses to drop the child off at the child care provider earlier than the approved plan of service hours or leaves the child later for personal reasons, the provider can may charge the client for those the additional hours.
1510.Some examples of non-allowable fees are vacation fees when a child is absent or termination fees when the child stops attending the facility.
16.It is not a contract violation when a child in foster care attends the child care home prior to the child care provider or the child care provider's employee becoming the child's foster parent.
1711.When OKDHS cancels a provider contract, FSSD AFS Child Care Subsidy Section staff sends an e-mail email regarding contract cancellation proceedings to:
(1) OCCS CCS;
(2) Legal Division Services;
(3) Finance Division Financial Services Electronic Payment Systems (EPS) Unit;
(4) Office of Inspector General (OIG);
(5) Children and Family Child Welfare Services Division (CFSD) (CWS);
(6) the Department of Education, Child Care Food Program; and
(7) the local county director and child care liaison where the provider is located.
1812.When OKDHS cancels a contract with cause, the reason is included in the provider's cancellation letter.The provider is advised OKDHS will no longer make child care payments 13 calendar days from the date FSSD AFS Child Care Subsidy Section staff mails the notice to the provider.
1913.(a) When OKDHS cancels a contract without cause and the child care facility was recently audited or investigated by OKDHS OIG, provider is reminded in the cancellation letter includes:
(1) a reminder of the OIG audit or investigation and that the OIG auditor or investigator advised the provider finding that he or she met the criteria for contract cancellation.The provider is also advised in the letter that OKDHS; and
(2) information advising the provider DHS no longer makes child care payments 33 calendar days from the date FSSD AFS Child Care Subsidy Section staff mails the notice cancellation letter to the provider.
(b) Reasons a contract might be cancelled following an OIG audit or investigation include violations listed at (i) of this Section.
(b)(c) Other reasons a provider contract may be cancelled without cause include, but are not limited to, when:
(1) OCCS CCS staff revokes the provider's child care license;
(2) persons whose contracts have previously been cancelled with previous contract cancellations following an OIG audit or investigation are now become owners, authorized representatives, or materially involved in the business of a new facility at the same address;
(3) the provider has an outstanding overpayment debt with OKDHS either as a client or as a provider;
(4) the provider receives benefits as an OK a DHS client and his or her benefits are closed as he or she was found to have committed close due to a finding of fraud or willful misrepresentation;
(5) it comes to the attention of FSSD AFS Child Care Subsidy Section staff that a provider has been was convicted of a felony verified by the OSBI or the Oklahoma Supreme Court Courts Network (OSCN);
(6) it comes to the attention of FSSD AFS Child Care Subsidy Section staff that a provider has been was debarred, suspended, disqualified, proposed for debarment, or declared ineligible by any federal department or agency, or convicted of a fraud-related crime;
(7) the provider is convicted of food benefit trafficking;
(8) the provider requests cancellation of the contract;
(9) the ownership of a facility changes;
(10) a one star center provider no longer has open child care authorizations;
(11) the provider commits a contract violation brought to the attention of FSSD AFS Child Care Subsidy Section staff and refuses to correct it; or
(12) the provider shows a history of non-compliance with OKDHS policies and procedures.
