COMMENT DUE DATE:
March 19, 2015
DATE:
February 11, 2015
Laura Brown, AFS (405) 521-4396
Dena Thayer, OIRP Programs Administrator (405) 521-4326
RE:
APA WF 14-09
The proposed policy is Permanent .
SUBJECT:CHAPTER 40. CHILD CARE SUBSIDY PROGRAM
Subchapter 5. Child Care Plan of Service
OAC 340:40-5-1 [AMENDED]
Subchapter 7. Eligibility
OAC 340:40-7-1 [AMENDED]
OAC 340:40-7-3.1 [AMENDED]
OAC 340:40-7-7 [AMENDED]
OAC 340:40-7-8 [AMENDED]
OAC 340:40-7-9 [AMENDED]
OAC 340:40-7-11 [AMENDED]
OAC 340:40-7-12 [AMENDED]
Subchapter 9. Procedures Related to Case Changes
OAC 340:40-9-2 [AMENDED]
Subchapter 13. Child Care Rates and Provider Issues
OAC 340:40-13-5 [AMENDED]
(Reference APA WF 14-09)
SUMMARY:The proposed revisions to Chapter 40 Subchapter 5 amend the rules to: (1) change the name of the policy section; (2) remove examples of alternatives to subsidized child care as they are staff instructions; (3) reference a policy cite for Early Head Start-Child Care (EHS-CC) Partnership grant program plan hours and remove EHS-CC Partnership grant programs from the requirement to charge all parents for the hours child care subsidy payment is requested to promote higher quality child care; (4) add clarifying language regarding ways to increase household income; (5) update terminology; and (6) remove outdated information regarding the Commission for Human Services.
The proposed revisions to Chapter 40 Subchapter 7 amend the rules to:(1) simplify and clarify language regarding children predetermined eligible with a zero copayment and when children are eligible for Oklahoma Department of Human Services (DHS) and tribal child care; (2) change the name of a policy section; (3) remove local Adult and Family Services (AFS) and Child Welfare Services (CWS) staff from the special needs rate approval process to simplify and streamline the process for parents, providers, and children with disabilities; (4) clarify when Form 08AD006E, Certification for Special Needs Child Care Rate for Licensed Child Care Homes and Centers, must be completed after approval; (5) allow children attending an EHS-CC Partnership grant program to receive a weekly unit type when the parent or caretaker meets a need factor for any period of time during the EHS-CC Partnership grant program week to promote higher quality care; (6) move information regarding child care plan hours when the child attends school or Head Start to another policy section; (7) simplify and clarify rules regarding when the client does not make at least minimum wage for the hours worked, (8) expand job search from 30 to 90 calendar days to promote Continuity of Care for children; (9) remove the requirement for AFS staff to complete Child Support Services (CSS) forms as it is a duplication of effort; (10) clarify the AFS worker's role in paternity establishment; (11) update a policy cite; (12) add documents an adoptive parent must provide before the worker exempts household income for a child less than 6 years of age adopted through DHS; (13), exempt household income when at least one child attends an EHS-CC Partnership grant program and the household meets income guidelines; (14) revise language used to exempt Indian per capita payment and disaster payments to match Supplemental Nutrition Assistance Program (SNAP) language; (15) update terminology; and (16) simplify and clarify language.
The proposed revisions to Chapter 40 Subchapter 9 amend the rules to:(1) add that a client must report when a child no longer attends an EHS-CC Partnership grant program; (2) remove unnecessary information regarding temporary absence from change of payee information; (3) remove unnecessary information regarding reasons a child care benefit may be reopened; (4) add information regarding when a new application in not required for an adopted child turning 6 years of age; and (7) update terminology.
The proposed revisions to Chapter 40 Subchapter 13 amend the rules to:
(1) simplify, clarify, and update the provider contracting process; (2) allow the results of the National Criminal History Result Information report on file with the Licensing Records Office (LRO) to serve as the background report requirement for contract signors; (3) remove redundant information regarding changes that do not require a new contract; and (4) update terminology.Oklahoma Administrative Code (OAC) 340:40-5-1 is amended to: (1) change the name of the policy section; (2) remove examples of alternatives to subsidized child care as they are staff instructions; (3) reference a policy cite for EHS-CC Partnership grant plan hours and remove EHS-CC Partnership grant programs from the requirement to charge all parents for the hours child care subsidy payment is requested to promote higher quality child care; (4) add clarifying language regarding ways to increase household income; and (5) update terminology; and (6) remove outdated information regarding the Commission for Human Services.
OAC 340:40-7-1 is amended to:(1) update terminology; and (2) simplify and clarify language regarding children predetermined eligible with a zero copayment and when children are eligible for Oklahoma Department of Human Services (DHS) and tribal child care.
OAC 340:40-7-3.1 is amended to: (1) change the name of a policy section; (2) remove local AFS and CWS staff from the special needs rate approval process to simplify and streamline the process for parents, providers, and children with disabilities; and (3) clarify when Form 08AD006E, Special Needs Child Care Rate Certification, must be completed after approval.
OAC 340:40-7-7 is amended to: (1) allow children attending an EHS-CC Partnership grant program to receive a weekly unit type when the parent or caretaker meets a need factor for any period of time during the EHS-CC Partnership grant week to promote higher quality care; (2) move information regarding child care plan hours when the child attends school or Head Start from another policy section to this section; (3) simplify and clarify language; and (4) update terminology.
OAC 340:40-7-8 is amended to: (1) move information regarding child care plan hours when the child attends school or Head Start to another policy section; (2)
simplify and clarify rules when the client does not make at least minimum wage for the hours worked; (3) expand job search from 30 to 90 calendar days to promote Continuity of Care for children; (4) simplify and clarify language; and (5) update terminology.
OAC 340:40-7-9 is amended to: (1) remove the requirement for AFS staff to complete Child Support Services (CSS) forms as it is a duplication of effort; (2) clarify the AFS worker's role in paternity establishment; and (3) simplify and clarify language; and (4) update terminology.
OAC 340:40-7-11 is amended to update:(1) a policy cite; and (2) terminology.
OAC 340:40-7-12 is amended to:(1) add documents an adoptive parent must provide before the worker exempts household income for a child less than 6 years of age adopted through DHS; (2) exempt household income when at least one child attends an EHS-CC Partnership grant program and the household meets income guidelines; (3) revise language used to exempt Indian per capita payment and disaster payments to match Supplemental Nutrition Assistance Program (SNAP) language; (4) simplify and clarify language and (5) update terminology.
OAC 340:40-9-2 is amended to:(1) add that a client must report when a child no longer attends an EHS-CC Partnership grant program;; (2) remove unnecessary information regarding temporary absence from change of payee information; (3) remove unnecessary information regarding reasons a child care benefit may be reopened; (4) add information regarding when a new application in not required for an adopted child turning 6 years of age; and (5) update terminology.
OAC 340:40-13-5 is amended to (1) clarify the provider contracting process; (2) allow the results of the National Criminal History Result Information report on file with the Licensing Records Office (LRO) to serve as the background report requirement for contract signors.(3) remove redundant information regarding changes that do not require a new contract; and (4) update terminology.
PERMANENT APPROVAL:Permanent rulemaking is requested.
LEGAL AUTHORITY:Director of Human Services;Section 162 of Title 56 of the Oklahoma Statutes; and Title 45 of the Code of Federal Regulations (CFR) Parts 98 and 99.Section 658E of the Child Care and Development Block Grant (CCDBG) Act of 2014, signed by the President on November 19, 2014.
Rule Impact Statement
To:Programs Administrator
Office of Intergovernmental Relations and Policy
From:Jim Struby, Director
Adult and Family Services
Date:January 16, 2015
Re:CHAPTER 40. CHILD CARE SUBSIDY PROGRAM
Subchapter 5. Child Care Plan of Service
OAC 340:40-5-1 [AMENDED]
Subchapter 7. Eligibility
OAC 340:40-7-1 [AMENDED]
OAC 340:40-7-3.1 [AMENDED]
OAC 340:40-7-7 [AMENDED]
OAC 340:40-7-8 [AMENDED]
OAC 340:40-7-9 [AMENDED]
OAC 340:40-7-11 [AMENDED]
OAC 340:40-7-12 [AMENDED]
Subchapter 9. Procedures Related to Case Changes
OAC 340:40-9-2 [AMENDED]
Subchapter 13. Child Care Rates and Provider Issues
OAC 340:40-13-5 [AMENDED]
(Reference APA WF 14-09)
Contact:Laura Brown 405-521-4396
A.Brief description of the purpose of the proposed rule:
Purpose. The proposed revisions to Chapter 40 Subchapter 5 amend the rules to: (1) change the name of the policy section; (2) remove examples of alternatives to subsidized child care as they are staff instructions; (3) reference a policy cite for Early Head Start-Child Care (EHS-CC) Partnership grant program plan hours and remove EHS-CC Partnership grant programs from the requirement to charge all parents for the hours child care subsidy payment is requested to promote higher quality child care; (4) add clarifying language regarding ways to increase household income; (5) update terminology; and (6) remove outdated information regarding the Commission for Human Services.
The proposed revisions to Chapter 40 Subchapter 7 amend the rules to:(1) simplify and clarify language regarding children predetermined eligible with a zero copayment and when children are eligible for Oklahoma Department of Human Services (DHS) and tribal child care; (2) change the name of a policy section; (3) remove local Adult and Family Services (AFS) and Child Welfare Services (CWS) staff from the special needs rate approval process to simplify and streamline the process for parents, providers, and children with disabilities; (4) clarify when Form 08AD006E, Certification for Special Needs Child Care Rate for Licensed Child Care Homes and Centers, must be completed after approval; (5) allow children attending an EHS-CC Partnership grant program to receive a weekly unit type when the parent or caretaker meets a need factor for any period of time during the EHS-CC Partnership grant program week to promote higher quality care; (6) move information regarding child care plan hours when the child attends school or Head Start to another policy section; (7) simplify and clarify rules regarding when the client does not make at least minimum wage for the hours worked, (8) expand job search from 30 to 90 calendar days to promote Continuity of Care for children; (9) remove the requirement for AFS staff to complete Child Support Services (CSS) forms as it is a duplication of effort; (10) clarify the AFS worker's role in paternity establishment; (11) update a policy cite; (12) add documents an adoptive parent must provide before the worker exempts household income for a child less than 6 years of age adopted through DHS; (13), exempt household income when at least one child attends an EHS-CC Partnership grant program and the household meets income guidelines; (14) revise language used to exempt Indian per capita payment and disaster payments to match Supplemental Nutrition Assistance Program (SNAP) language; (15) update terminology; and (16) simplify and clarify language.
The proposed revisions to Chapter 40 Subchapter 9 amend the rules to:(1) add that a client must report when a child no longer attends an EHS-CC Partnership grant program; (2) remove unnecessary information regarding temporary absence from change of payee information; (3) remove unnecessary information regarding reasons a child care benefit may be reopened; (4) add information regarding when a new application in not required for an adopted child turning 6 years of age; and (7) update terminology.
The proposed revisions to Chapter 40 Subchapter 13 amend the rules to:
(1) simplify, clarify, and update the provider contracting process; (2) allow the results of the National Criminal History Result Information report on file with the Licensing Records Office (LRO) to serve as the background report requirement for contract signors; (3) remove redundant information regarding changes that do not require a new contract; and (4) update terminology.
Strategic Plan impact. The proposed rules achieve the DHS goal of continuously improving systems and processes.
Substantive changes.
Oklahoma Administrative Code (OAC) 340:40-5-1 is amended to: (1) change the name of the policy section; (2) remove examples of alternatives to subsidized child care as they are staff instructions; (3) reference a policy cite for EHS-CC Partnership grant plan hours and remove EHS-CC Partnership grant programs from the requirement to charge all parents for the hours child care subsidy payment is requested to promote higher quality child care; (4) add clarifying language regarding ways to increase household income; and (5) update terminology; and (6) remove outdated information regarding the Commission for Human Services.
OAC 340:40-7-1 is amended to:(1) update terminology; and (2) simplify and clarify language regarding children predetermined eligible with a zero copayment and when children are eligible for Oklahoma Department of Human Services (DHS) and tribal child care.
OAC 340:40-7-3.1 is amended to: (1) change the name of a policy section; (2) remove local AFS and CWS staff from the special needs rate approval process to simplify and streamline the process for parents, providers, and children with disabilities; and (3) clarify when Form 08AD006E, Special Needs Child Care Rate Certification, must be completed after approval.
OAC 340:40-7-7 is amended to: (1) allow children attending an EHS-CC Partnership grant program to receive a weekly unit type when the parent or caretaker meets a need factor for any period of time during the EHS-CC Partnership grant week to promote higher quality care; (2) move information regarding child care plan hours when the child attends school or Head Start from another policy section to this section; (3) simplify and clarify language; and (4) update terminology.
OAC 340:40-7-8 is amended to: (1) move information regarding child care plan hours when the child attends school or Head Start to another policy section; (2)
simplify and clarify rules when the client does not make at least minimum wage for the hours worked; (3) expand job search from 30 to 90 calendar days to promote Continuity of Care for children; (4) simplify and clarify language; and (5) update terminology.
OAC 340:40-7-9 is amended to: (1) remove the requirement for AFS staff to complete Child Support Services (CSS) forms as it is a duplication of effort; (2) clarify the AFS worker's role in paternity establishment; and (3) simplify and clarify language; and (4) update terminology.
OAC 340:40-7-11 is amended to update:(1) a policy cite; and (2) terminology.
OAC 340:40-7-12 is amended to:(1) add documents an adoptive parent must provide before the worker exempts household income for a child less than 6 years of age adopted through DHS; (2) exempt household income when at least one child attends an EHS-CC Partnership grant program and the household meets income guidelines; (3) revise language used to exempt Indian per capita payment and disaster payments to match Supplemental Nutrition Assistance Program (SNAP) language; (4) simplify and clarify language and (5) update terminology.
OAC 340:40-9-2 is amended to:(1) add that a client must report when a child no longer attends an EHS-CC Partnership grant program;; (2) remove unnecessary information regarding temporary absence from change of payee information; (3) remove unnecessary information regarding reasons a child care benefit may be reopened; (4) add information regarding when a new application in not required for an adopted child turning 6 years of age; and (5) update terminology.
OAC 340:40-13-5 is amended to (1) clarify the provider contracting process; (2) allow the results of the National Criminal History Result Information report on file with the Licensing Records Office (LRO) to serve as the background report requirement for contract signors.(3) remove redundant information regarding changes that do not require a new contract; and (4) update terminology.
Reasons. The proposed revisions provide clear and concise rules for DHS staff, clients and providers to ensure benefits are issued properly and renewed appropriately and child care contracting procedures are properly followed.
The recently signed Child Care and Development Block Grant (CCDBG) Act of 2014 allows for 90 calendar days of job search to ensure stable and continuous care for children while the parent or caretaker searches for employment.
The Early Head Start in Child Care (EHS-CC) Partnership grant provides high quality child care to children under the age of three to increase school readiness skills.
The special needs rate approval process is being simplified and streamlined to improve the efficiency of the approval process.
Repercussions. The proposed revisions are intended to improve the accuracy of benefits distribution.
Extending child care subsidy for eligible children from 30 to 90 calendar days, allows continuity of care and education for children while their parent or caretaker searches for employment.
Supporting the partnership between EHS and child care facilities provides more consistent access to quality child care and early education for at risk children.
Legal authority. Director of Human Services;Section 162 of Title 56 of the Oklahoma Statutes; and Title 45 of the Code of Federal Regulations (CFR) Parts 98 and 99.Section 658E of the Child Care and Development Block Grant (CCDBG) Act of 2014, signed by the President on November 19, 2014.
Permanent rulemaking approval is requested.
B.A description of the classes of persons who most likely will be affected by the proposed rule, including classes that will bear the costs of the proposed rule, and any information on cost impacts received by the Agency from any private or public entities: The classes of persons most likely to be affected by the proposed rules are DHS staff, clients applying for or receiving subsidized child care benefits, and child care providers.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 DHS staff, children and families receiving subsidized child care benefits and child care providers.
D.A description of the probable economic impact of the proposed rule upon the affected classes of persons or political subdivisions, including a listing of all fee changes and, whenever possible, a separate justification for each fee change: The 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 revised rules will result in enhanced delivery of services to positively impact clients, families and child care providers. The probable DHS cost of printing and distributing the rules is estimated to be less than $20.The costs associated with these revisions are federally funded and are covered under the current child care budget; there are no costs to the State.
The revised rule to allow child care providers to be reimbursed for the full week of care for children attending EHS-CC Partnership grant programs is estimated to cost $225,759 per month ($2,709,113 annually).The estimated cost is based on an expected statewide creation of 281 subsidy-eligible EHS slots as a result of the new grants. The cost of a weekly 3 star rate for a child age 0-2 years attending a child care center was multiplied by 281 children to arrive at the estimated cost to DHS.
The revised rule to exempt household income when at least one child attends an EHS-CC Partnership grant program is estimated to cost $17,196 per month ($206,354 annually).The data is based on averaging the family share copayment of all children ages 0 through 3 who currently attend an EHS program.Currently there are 204 children who receive subsidy at an EHS program in this age group; the estimated cost is based on 281 slots expected to be created as a result of the new grants.
The revised rule to expand job search from 30 to 90 calendar days is estimated to cost $105,254 per month ($1,263,048 annually).Data was compiled from April, July, and October 2013 to find the average expense associated with families who received 30 days of job search child care.The state chose this option under the newly passed Child Care and Development Block Grant (CCDBG) Act of 2014 because the cost of 90 days of child care for job search is less than allowing 12 months of categorical eligibility.
F.A determination whether implementation of the proposed rule will have an impact on any political subdivisions or require their cooperation in implementing or enforcing the rule: The proposed rules do not have an economic impact on any political subdivision, nor will the cooperation of any political subdivisions be required in implementation or enforcement of the rules.
G.A determination whether implementation of the proposed rule will have an adverse economic effect on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act: There are no anticipated adverse effects on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act.
H.An explanation of the measures the Agency has taken to minimize compliance costs and a determination whether there are less costly or nonregulatory methods or less intrusive methods for achieving the purpose of the proposed rule: There are no less costly or nonregulatory methods or less intrusive methods for achieving the purpose of the proposed rules.
I.A determination of the effect of the proposed rule on the public health, safety, and environment and, if the proposed rule is designed to reduce significant risks to the public health, safety, and environment, an explanation of the nature of the risk and to what extent the proposed rule will reduce the risk:
The proposed rule to expand the period of time a client can job search and receive child care increases child safety and stability by allowing the child to remain in a safe, stable, and familiar environment while the parent searches for a job.The special needs rate approval process is being simplified and streamlined to improve the efficiency of the approval process.The proposed rule to approve children attending an EHS-CC Partnership grant program for a weekly unit type and exempt household income may increase the number of child care providers willing to partner with EHS to provide a higher quality learning environment for children less than 3 years of age thereby increasing the children's health and safety and making them more developmentally school ready.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented:The proposed revisions are intended to improve the accuracy of benefits distribution.Extending child care subsidy for eligible children from 30 to 90 calendar days, allows continuity of care and education for children while their parent or caretaker searches for employment.
Supporting the partnership between EHS and child care facilities provides more consistent access to quality child care and early education for at risk children.
K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared May 22, 2014; Modified July 22, 2014; Modified December 18, 2014; modified January 16, 2015.
