COMMENT DUE DATE:
October 31, 2014
DATE:
October 21, 2014
Laura Brown, Adult and Family Services (405) 521-4396
Dena Thayer, OIRP Programs Administrator (405) 521-4326
RE:
Non-APA WF 14-T
The proposed policy is Non-APA . This proposal is not subject to the Administrative Procedures Act
SUBJECT:CHAPTER 40. CHILD CARE SUBSIDY PROGRAM
Subchapter 7. Eligibility
OAC 340:40-7-3.1 Instructions to Staff (ITS) Only [AMENDED]
OAC 340:40-7-8 ITS Only [AMENDED]
OAC 340:40-7-13 ITS Only [AMENDED]
(Reference WF 14-T)
SUMMARY:
Oklahoma Administrative Code (OAC) 340:40-7-3.1 Instructions to Staff (ITS) is revised to:(1) simplify and streamline the special needs rate process by removing county staff from the approval process and allowing providers to initiate the process online for quicker determinations; and (2) clarify language.
OAC 340:40-7-8 ITS is revised to:(1) inform staff a closed job search authorization may be reopened; and (2) simplify and clarify language.
OAC 340:40-7-13 ITS is revised to:(1) remove language that a pay stub received on the date of the interview is required and add additional clarifying language regarding income calculations to more closely align with Supplemental Nutrition Assistance Program rules; and (2) simplify language.
SUBCHAPTER 7. ELIGIBILITY
340:40-7-3.1. Child with disabilities
Revised 6-1-13
(a) Child with disabilities.A child with disabilities is defined as a child who receives Supplemental Security Income (SSI), SoonerStart early intervention services provided in accordance with an Individualized Family Service Plan (IFSP), or special education services provided in accordance with an Individualized Education Program (IEP) by the local school district.¢ 1This definition also includes a child whose SSI payment stops because of financial reasons but who still meets the medical definition of disability as determined by the Social Security Administration (SSA).¢ 2When a child with disabilities is 13 through 18 years of age, the client must provide a statement from a licensed health care professional verifying the child is physically or mentally incapable of self-care as age appropriate before care is approved and annually thereafter.When the licensed health care professional states the child is capable of self-care as age appropriate, subsidized child care benefits are not approved.
(b) Special needs rate approval process.The special needs rate, if approved, is paid in addition to the rate paid for a typical child.When a child does not meet the definition of a child with disabilities, the child is not eligible for a special needs rate.A child with disabilities may be approved for a moderate or severe special needs rate unit type after the special needs rate approval process is completed.If the worker determines the parent or caretaker is eligible for subsidized child care benefits before the special needs rate approval process is completed, the worker approves the child for a typical child unit type.The special needs process includes steps described in (1) through (5) of this subsection.
(1) The parent or caretaker must provide proof the child meets the definition of a child with disabilities and information about the child's care needs.Proof is required prior to approval of the special needs rate and annually thereafter.¢ 3
(A) For a child under 3 years of age, the parent or caretaker submits the child's current IFSP that verifies the child receives SoonerStart services and documents the care needs of the child.
(B) For a child over three years of age, the parent or caretaker submits the child's current IEP that documents the child receives special education services and documents the care needs of the child.
(C) If the child receives SSI, the parent or caretaker submits the child's award letter or other proof from SSA that verifies receipt of this income.If the child is not receiving SoonerStart or special education services, the parent or caretaker submits a statement from a health professional describing the child's care needs.
(2) The Adult and Family Services (AFS) worker, parent or guardian, child care provider, Oklahoma Child Care Services (OCCS) licensing staff, and the AFS Child Care Subsidy staff or Child Welfare Services (CWS) staff completes the appropriate sections of Form 08AD006E, Special Needs Child Care Rate Certification.¢ 4 Determination of whether certification requirements are met by the:
(A) child are made by the AFS Child Care Subsidy staff or child welfare (CW) specialist ¢ 5; and
(B) provider are made by the OCCS licensing specialist.¢ 6
(3) The AFS Child Care Subsidy staff or child welfare specialist follows the instructions on Form 08AD007E, Special Needs Rate Determination Scoring Sheet, to score the 08AD006E.The child's care needs must be within the scoring range shown on Form 08AD007E for moderate or high need to qualify for a special needs rate.¢ 7
(4) When the child and the provider meet certification requirements for the special needs rate, the rate is effective the first of the month following the month OCCS licensing staff signs Form 08AD006E.If the child does not start child care until after the special needs rate is approved, the rate is effective the first date care is approved.¢ 8
(5) Once Form 08AD006E has been completed and the AFS Child Care Subsidy staff or child welfare specialist determines the child is eligible for one of the special need rates, a new Form 08AD006E is only completed when:
(A) the child's needs change;
(B) the child moves to a different child care facility;
(C) the child stops attending the facility that was approved for the special needs rate unit type for more than six months;
(D) the provider fails to obtain an on-site consultation within the parameters of the corrective action agreed upon with licensing staff; or¢ 9
(E) OCCS licensing staff determines the provider no longer meets the child's need.¢ 9
(c) Supplemental Security Income-Disabled Children's Program (SSI-DCP).A child between birth to 18 years of age who receives SSI may be eligible for additional services described at OAC 340:70-8-1 and enrichment child care described at OAC 340:40-7-8(f).
INSTRUCTIONS TO STAFF 340:40-7-3.1
Revised 6-1-13 11-1-14
1.(a) The client must provide provides proof the child is receiving receives services based on special needs criteria from at least one of these sources before the child is considered a child with disabilities.The worker images the proof provided by the parent and enters a case note in the Family Assistance/Client Services (FACS) system.
(b) A child must receive receiving Supplemental Security Income (SSI) to be is predetermined eligible for subsidized child care benefits with a zero family share co‑payment if he or she meets all conditions of eligibility, other than financial, for child care copayment per Oklahoma Administrative Code (OAC) 340:40-7-1.
2.The client must provide provides proof from the Social Security Administration (SSA) that the child meets the medical definition of disability and the SSI is closed because of financial reasons.
3.The worker Child Care Subsidy staff scans verification into imaging and labels it as Special Needs Request.
4.The Effective November 1, 2014, the child care provider initiates the special needs approval process may be initiated by the child's Adult and Family Services (AFS) worker, child welfare specialist, AFS Child Care Subsidy Section staff, the Oklahoma Child Care Services (OCCS) licensing specialist, or the child care provider by giving Form 08AD006E, Certification for Special Needs Child Care Rate for Licensed Child Care Homes and Centers, to either the client or the child care provider.The client, the provider, and Oklahoma Department of Human Services (OKDHS) (DHS) staff follows follow instructions on Form 08AD006E to complete the process.See Refer to OAC 340:40-13-2(g) for the special needs approval process with in-home providers.
5.The CWS or Adult and Family Services (AFS) Child Care Subsidy staff compares the parent or caretaker's answers on Form 08AD006E to the Individualized Education Program (IEP), Individualized Family Service Plan (IFSP), or health professional's statement describing the care needs of the child for consistency.If When information is inconsistent, and:
(1) the child welfare specialist is making this comparison, the child welfare specialist further consults with the parent or caretaker and the professional who signed the document for further clarification.
(2) AFS Child Care Subsidy staff is making the comparison, he or she contacts the parent or caretaker and the professional who signed the document for further clarification.AFS Child Care Subsidy staff enters the information gathered in Family Assistance/Client Services (FACS) case notes and sends an email or phones emails the AFS worker to advise him or her of approval or denial.
6.Per OAC 340:110-1-9.1, OCCS Child Care Services (CCS) licensing staff monitors the facility's ability to meet the child's needs each time a visit is made to that the facility.
7.Before scoring Form 08AD006E, the child welfare specialist or AFS Child Care Subsidy Section staff ensures that any inconsistencies on the form have been resolved or the parent or caretaker's answers have been adjusted.
(1) When certification requirements for the special needs rate are met, AFS Child Care staff sends a copy of Form 08AD006E is sent to the parent or caretaker, the provider, the AFS worker, and OCCS (CCS) licensing staff for their records.
(2) When certification requirements for the special needs rate are not met, AFS Child Care staff sends Form 08MP038E, Client Notice of Action Taken, is sent to the client and provider.If When the parent or caretaker still wants to use the facility, the child remains eligible at continues to receive the applicable daily, blended, or weekly unit type for that the child's age.
(3) AFS Child Care Subsidy staff scans Form 08AD006E, Form 08AD007E, Scoring Sheet for Special Needs Rate Determination, and Form 08MP038E, when applicable, into imaging and attaches it to the packet labeled "Special Needs Request."
8.(a) If When a child care provider refuses to care for the child until the higher special needs rate is approved, the worker informs the provider that this it is an Americans with Disabilities Act (ADA) violation.If When the provider continues to refuse, the worker completes Form 14CR001E, Discrimination Complaint Form ‑ Client or Vendor, and sends it to the OKDHS DHS Office for Civil Rights.
(b) When the child starts child care before the special needs rate is approved, the AFS worker or child welfare specialist initially authorizes care using a typical standard unit type for that the child.
(c) If When the higher rate is approved, AFS Child Care Subsidy staff changes the coding on the authorization for AFS cases and enters documentation in FACS case notes.For Child Welfare Services (CWS) cases, Child Care Subsidy staff enters the special needs unit type on the authorization on contacts the KIDS system if Help Desk and requests the higher rate is approved be applied.
9.Once the OCCS CCS licensing specialist advises AFS Child Care Subsidy staff the provider failed to meet requirements or no longer meets the child's needs, AFS Child Care Subsidy staff changes the coding to the typical standard unit type on the authorization for AFS cases and enters documentation in FACS case notes.AFS Child Care Subsidy staff notifies the KIDS Help Desk to change the authorization for a CWS case.
340:40-7-8. Defining the need factor for child care benefits
Revised 12-5-12
(a) Employment.Employment means the parent or caretaker earns wages for work performed.¢ 1
(1) The client must provide proof of his or her work hours.When the client has the flexibility to set his or her own work hours, the client and worker jointly determine if they can reduce the number of hours the child needs care by rearranging the client's work schedule.This is especially important in two-parent or two-caretaker families.¢ 2
(2) The worker limits approval of child care to the number of days and hours the client is working plus reasonable travel time.In two-parent or two-caretaker working families, the worker limits approval to the days and hours they are both working at the same time plus reasonable travel time.When the child attends school or Head Start during part of the work hours, the worker reduces the number of hours he or she approves child care accordingly.
(3) Unless the client is an adoptive parent who meets criteria per OAC 340:40-7-12(6) or a caretaker not legally and financially responsible for the child per OAC 340:40-7-6(a)(6), the client must make at least minimum wage for the number of hours he or she is working, referred to as the minimum wage rule, in order to meet the employment need factor, with the exception of circumstances in (D) of this paragraph.
(A) Minimum wage is determined by the federal government.
(B) To determine whether the client makes minimum wage when the client:
(i) works for an employer, is not considered self-employed, and the pay information does not show the client's hourly rate of pay, the worker divides the number of hours the client works from the gross pay for the pay periods used to calculate income; or
(ii) is considered self-employed per OAC 340:40-7-11(b)(2), the worker divides the number of hours the client works by the net pay after applicable business expenses, when declared, for the pay periods used to calculate income.When the client and spouse are self-employed in the same business, the worker adds their work hours together and then divides the work hours from the net pay for the pay periods used to calculate income.
(C) When the client works for an employer, whether considered self-employed or not per OAC 340:40-7-11(b)(2), is paid a set wage less than minimum wage, and the employer refuses to begin paying at least minimum wage, the worker denies or closes child care benefits.¢ 3
(D) When the client works for himself or herself or works for an employer who pays wages based on commission or other performance measures rather than a set wage, is not making at least minimum wage, and the client has been performing this work:
(i) less than one year, the worker counsels with the client to develop a plan for increasing his or her income within three to six months.¢ 4When the client does not cooperate in developing a plan or does not agree to implement the plan that was developed, the worker closes or denies the child care benefit.¢ 5
(I) When the client's income increases to at least minimum wage during this time period, no further monitoring is needed until the next review.
(II) When after three to six months the client's income increases, but is still less than minimum wage, the worker may approve an additional three to six months of care, if after evaluating the client's circumstances, such as how well the client followed the plan, the rate at which income has increased, and whether modifications can be made to increase income, it is reasonable to presume the client will make at least minimum wage during this time frame.¢ 6
(III) When it is not reasonable to presume the client's income will increase to at least minimum wage within three to six months, the worker closes the child care benefit; ¢ 6or
(ii) at least one year without any substantial change, the worker denies or closes the child care subsidy benefit.¢ 7
(4) A person employed and working from his or her own home may be approved for subsidized child care benefits in an out-of-home child care home or center.¢ 8
(5) Subsidized child care benefits can be approved for sleep time during the day when a parent or caretaker works night hours and a feasible alternative is used at no cost to the Oklahoma Department of Human Services (OKDHS) during the night working hours.Night working hours are defined as the hours between 11:00 p.m. and 7:00 a.m.¢ 9
(A) The maximum amount of time the worker approves child care allows the client eight hours of sleep plus travel time to and from the child care provider.
(B) In two-parent or two-caretaker families care may only be approved for this reason when both parents have night time jobs or when one parent has a night time job and the other parent or caretaker works during the day while the other parent is sleeping.
(6) Job search meets the definition of employment and child care may be approved for a single or two parent or caretaker household only when a client who has received subsidized child care benefits for at least 30 calendar days loses employment or successfully completes a formal education or training program and requests child care to look for a job.¢ 10
(A) Child care may be approved for a maximum of 30 calendar days from the date the client loses employment or successfully completes a formal education or training program as long as the child continues to attend the same child care facility.
(i) Job search may be approved no more than twice per calendar year.
(ii) The client must have been employed or going to school for at least 90 calendar days between approval periods.
(B) When the client reports a new job within the job search period and provides all required verification to prove continued eligibility, a new application is not needed.When the client does not report a new job or required verification within the job search period, he or she must complete a new application before being approved for further child care.¢ 11
(b) Training.A training program is defined as a course of study that when completed qualifies a person to meet requirements for a job the client could not have obtained without the certificate of completion, accreditation, or licensure.¢ 12Child care can be approved for one parent or caretaker to attend a training program.In two-parent or two-caretaker families, the other parent or caretaker must be employed during the same hours.
(1) The training program must qualify to receive federal financial aid from the United States Department of Education (USDE) or other federal or state education funds.¢ 13
(2) Prior to approval for child care, the client must provide proof of enrollment, the days and hours the client will be attending, and when he or she is expected to complete the program.¢ 14
(3) The program must require classroom attendance on a school campus with an instructor present.Care is only approved for an on-line Internet based course or televised course when it is a live broadcast conducted by an instructor and attendance is required while the program is being broadcast.When the program is self-paced and the client is able to choose his or her own school hours, care is not approved.¢ 15
(4) The client must provide proof of progress when requested.When the client is not making satisfactory progress, further child care for this reason is not approved.¢ 16
(5) Once the client completes a training program, further child care is not approved for training or education.The client is expected to look for jobs that require his or her training credentials.The client may be eligible for subsidized child care benefits to job search when he or she meets requirements at (a)(6) of this Section.
(6) In certain circumstances, the worker may approve child care benefits for a client to attend a second training program.The client must have been employed in a job requiring the training credentials he or she has for at least 12 months.¢ 17Possible circumstances include when:
(A) the client can no longer perform the job he or she is trained to do because of physical or mental health reasons.In this instance, the client must provide a statement from a doctor, mental health professional, or a vocational rehabilitation professional verifying the reason.The professional must also state that the client is capable of performing the job tasks of the training program where the client wants to enroll;
(B) there is no longer a demand for the type of work the person is trained to do.The client must provide a statement from a professional working with the client to obtain employment stating there is no demand.The professional must be employed by the Workforce Oklahoma Center, a Workforce Investment Act (WIA) contracted entity, the Oklahoma Employment Security Commission (OESC), or the Oklahoma Department of Rehabilitation Services (DRS); or
(C) the client can establish receipt of the additional training will increase the person's earning potential.The client must provide proof the starting salary for a person with the training credentials the client wants to obtain is higher than he or she is currently earning.
(c) Education program.An education program may include:
(1) High school.Child care may be approved for one or both parents or caretakers to attend high school.It is not approved for a parent or caretaker to receive homebound instruction.Prior to approval the client must provide proof that he or she is enrolled, the days and hours the client is attending, and when he or she is expected to graduate.
(2) General Educational Development (GED), literacy, or adult basic education (ABE) classes.The program must require classroom attendance with an instructor present. Child care may be approved for one parent or caretaker to attend GED, literacy, or ABE classes.However, in two-parent or two-caretaker families, the other parent or caretaker must be employed during the same hours.
(A) The client must provide proof of enrollment, the days and hours the client is attending, and the length of the class prior to care approval.When the class has open enrollment and no established end date, the client must provide proof of progress and how it is measured.
(B) Within the first month of classes, the client must provide proof of initial testing showing the client's education and/or literacy level.
(C) The worker reviews the client's progress when the class is expected to end prior to approval for further child care for this reason.When the class is open-ended, the worker reviews progress no later than 12 months from the date care was approved for this reason.¢ 18 At review, the client must provide a statement from the school that includes:
(i) whether the client is attending regularly;
(ii) whether the client is making satisfactory progress;
(iii) an estimated length of time it will take to complete the program; and
(iv) what days and hours the client is currently attending classes.
(D) When the client has not been attending regularly or making satisfactory progress, further child care for this reason is not approved.
(3) English as a Second Language (ESL) classes.The program must require classroom attendance with an instructor present.Child care may be approved for a single parent or caretaker to attend ESL classes when the client lacks proficiency in understanding, speaking, reading, or writing the English language.In two-parent or two-caretaker families, the other parent or caretaker must be employed during the same hours.
(A) The client must provide proof of enrollment, the days and hours the client is attending, and the length of the class prior to care being approved.When the class has open enrollment and no established end date, the client must provide proof of how often progress is measured.
(B) The worker reviews the client's progress when the class is expected to end prior to approval for further care for this reason.When the class is open-ended, the worker reviews progress no later than 12 months from the date care was approved for this reason.¢ 18The client must provide a statement from the school that includes:
(i) whether the client is attending regularly;
(ii) whether the client is making satisfactory progress;
(iii) an estimated length of time it will take to complete the program; and
(iv) what days and hours the client is currently attending.
(C) When the client has not been attending regularly or making satisfactory progress, further care for this reason is not approved.
(4) Formal education program.A formal education program is defined as a course of study that leads to the attainment of an associate or bachelor's degree.Child care can be approved for one parent or caretaker to attend a formal education program and to participate in activities required to maintain a scholarship.Only required scholarship activities for scholarships disbursed through the school's financial aid office qualify for child care.In two-parent or two-caretaker families, the other parent or caretaker must be employed during the same hours.
(A) The formal education program must qualify to receive federal financial aid from USDE or other federal or state education funds.¢ 13
(B) Prior to approval for child care, the client must provide proof of enrollment, the days and hours the client is attending school or participating in activities required to maintain a scholarship, and when he or she is expected to complete the degree.¢ 14
(C) The degree program must require classroom attendance on the school campus with an instructor present.Care is only approved for an on-line Internet based course or a televised course when it is a live broadcast conducted by an instructor and attendance is required while the program is being broadcast.When the program is self-paced and can be completed whenever the client chooses, care is not approved.¢ 15
(D) The client must provide proof of progress when requested.When the client is not making satisfactory progress, further care for this reason is not approved.¢ 16
(E) Once the client completes a bachelor's degree, further care is not approved for training or education.The client is expected to look for jobs that require a degree.The client may be eligible for subsidized child care benefits to job search when he or she meets requirements at (a)(6) of this Section.
(F) In certain circumstances, the worker may approve subsidized child care benefits for a client to obtain a different bachelor's degree.The client must first have been employed in a job that required the degree he or she already has for at least 12 months.¢ 17Possible circumstances include when:
(i) the client can no longer perform the job he or she is trained to do because of physical or mental health reasons.In this instance, the client must provide a statement from a doctor, mental health professional, or a vocational rehabilitation professional that verifies the reason.The professional must also state that the client is capable of performing the job tasks of the degree program in which the client wants to enroll;
(ii) there is no longer a demand for the type of work the person is trained to do.The client must provide a statement from a professional working with the client to obtain employment stating there is no demand.The professional must be employed by the Workforce Oklahoma Center, a WIA contracted entity, OESC, or DRS; or
(iii) the client can establish receipt of the second degree may increase the person's earning potential.The client must provide proof the starting salary for a person with the degree the client wants to obtain is higher than he or she is currently earning.
(d) Temporary Assistance for Needy Families (TANF) related child care.¢ 19TANF related subsidized child care benefits may be provided for:
(1) any TANF Work activity outlined on the client’s Form 08TW002E, TANF Work/Personal Responsibility Agreement, per OAC 340:10-2-1 including when:¢ 20
(A) the person is waiting to enter an approved TANF Work activity.Approval is limited to a time period not to exceed:
(i) two weeks; or
(ii) one month on an exception basis where child care arrangements or other services would otherwise be lost and the subsequent activity is scheduled to begin within that period;¢ 21
(B) prior to approval for TANF, applicants are referred for immediate job search.¢ 22TANF applicants are advised:
(i) child care to job search is limited to 20 days that must be used within 30 calendar days from the date of request;
(ii) in-home child care arrangements are not available for TANF applicants;
(iii) child care may only be used during the times the applicant is actually looking for a job; and
(iv) he or she must notify the worker immediately upon securing employment; and
(C) the person is sanctioned per OAC 340:10-2-2 and participating in TANF Work activities; or
(2) substance abuse treatment when the parent of a child receiving TANF is ineligible for TANF due to the illegal use of a controlled substance or substances.¢ 23Prior to approval, the parent must provide proof of the substance abuse treatment plan from the treatment provider.
(e) Protective or preventive child care.Subsidized protective or preventive child care benefits may be used as an early intervention strategy in certain critical situations to help prevent neglect, abuse, or exploitation of a child.The worker may approve child care in these situations to help stabilize the family situation or enhance family functioning.In most instances, Child Welfare (CW) staff completes protective or preventive child care requests when they are working with the family and recommending protective or preventive child care.When CW staff contracts with an outside agency to provide protective or preventive services and child care is recommended, Adult and Family Services (AFS) staff completes the child care requests with help from contracted agency staff.¢ 24
(1) Subsidized protective or preventive child care benefits are temporary and planning to reduce or eliminate the need for such child care begins at the initial contact.
(2) The worker must complete a face-to-face interview with the client prior to approving subsidized protective or preventive child care benefits in order to better assess all of the service needs of the family.
(3) The client must provide a statement from a professional working with the family stating:¢ 25
(A) the reason child care is recommended;
(B) how placing the child in a child care facility helps to prevent neglect, abuse, or exploitation of the child; and
(C) the length of time this care is expected to be needed.
(4) The family may or may not be expected to help in paying the cost of these subsidized child care benefits depending on the unique circumstances of the family.¢ 26
(5) In certain circumstances, families who are financially ineligible for subsidized child care benefits may be approved for protective or preventive child care benefits when the child is in danger of neglect, abuse, or exploitation.The client must provide evidence the family is so burdened by debt the additional financial pressure of paying for child care may result in further deterioration of family stability and functioning.The client must also provide a plan for reducing his or her debt.¢ 27
(6) The worker may approve subsidized protective or preventive child care benefits for a maximum of 30 calendar days.¢ 28
(7) When the family requests subsidized protective or preventive child care benefits beyond this initial 30 calendar day period, the worker scans supporting documentation into imaging and sends an email to the AFS Child Care Subsidy Section staff to request an extension.The client must provide all needed eligibility information prior to submission of the extension request.¢ 29
(f) Enrichment.The purpose of subsidized enrichment child care benefits is to assist a child receiving Supplemental Security Income (SSI) to develop socialization skills and to transition into a group setting, such as a classroom.When a child is not receiving SSI benefits, the child is not eligible for subsidized enrichment child care benefits.
(1) The need for subsidized enrichment child care benefits is based solely on the needs of the child's condition of delay or disability rather than on the activities of the parent or caretaker.¢ 30
(2) Child care for enrichment is limited to a maximum of two days per week not to exceed ten full-time or part-time days per month.
(3) The parent or caretaker must provide a written recommendation from a professional who is working directly with the child in some capacity that states how child care would be beneficial to the child.The professional could be the child's doctor, occupational therapist, physical therapist, or special education teacher.
(4) Enrichment child care is only approved for a child who has not started school or Head Start unless, due to the child's disabilities, the child receives instruction from a teacher in his or her home.¢ 31
(5) When subsidized enrichment child care benefits are approved, care must be provided outside of the child's home and at least one other child must attend during the same hours.
(6) The worker obtains approval from staff in the AFS Child Care Subsidy Section prior to authorizing care for this need factor.¢ 32
INSTRUCTIONS TO STAFF 340:40-7-8
Revised 12-5-12 11-1-14
1.(a) Some clients work at jobs where they are paid at least minimum wage, but the Oklahoma Department of Human Services (OKDHS) (DHS)does not count the income because the income comes from exempt sources per Oklahoma Administrative Code (OAC) 340:40-7-12.The client still meets the employment need factor even though the income is not counted.
(b) Some clients work where they are not guaranteed any wage, such as working for commission only or self-employment.In these situations the worker does not approve more than 30 calendar days of care until the client provides proof he or she has earned income from this the employment.
(c) Bartering for services in exchange for work performed does not meet the definition of need because of employment.Examples of bartering include working in exchange for payment of rent, utilities, or a car payment.
(d) Gambling does not meet the definition of need because of self-employment.
2.(a) Proof may be a copy of the work schedule showing the client's name and the name of the business or a signed statement from the employer.A written statement is preferable, but when unavailable, the worker may confirm the client's work hours with the employer by telephone.The worker documents how work hours were verified in the Family Assistance/Client Services (FACS) Case Notes.
(b) When part of the client's work duties involves staying overnight away from home or working split shifts, the worker uses his or her judgment to determine how much care is reasonable to approve.
(c) When the client starts working, the worker approves the maximum number of days and hours the client could work may need.For instance, an employer statement might may say the client works three to five days per week.The worker initially approves 23 days per month of care.The worker reevaluates the amount of care approved when actual pay is requested at 90 calendar days per OAC 340:40-7-13.Care may be reduced or increased depending on how many days and hours the client actually worked during that period.
(d) When the client has been employed for at least 30 calendar days, the worker evaluates the actual number of days and hours the client worked to determine how much care to approve, unless there is reason to expect the work schedule to change.The worker documents in the Child Care tab and FACS Case Notes how he or she determined the care plan approved.
(e) Clients who have the flexibility to set their own work hours are most often self-employed.When the client is self-employed, the worker may accept his or her statement regarding work hours as long as it appears reasonable and meets the minimum wage requirement per OAC 340:40-7-8(a)(3).When the children are attending school or Head Start, in most instances, it is usually reasonable to expect the client to work during those hours.When it is not reasonable, FACS Case Notes must clearly document the worker documents why in FACS Case Notes.When child care is requested in two-parent or two-caretaker families for self-employment, care must be taken to determine the worker determines whether self-employment work hours could may be adjusted to reduce or eliminate the need for child care.For instance, could they each parent or caretaker work a different schedule?
3.The worker refers the client to the Oklahoma Department of Labor (ODOL) to file a complaint when the employer is not paying minimum wage.
4.(a) Counseling may include:
(1) helping the client determine whether this is the best field of employment;
(2) referring the client to the Oklahoma Employment Security Commission (OESC) for help in locating other employment;
(3) helping the client develop an action plan to increase earnings;
(4) referring the client to a local resource that helps with small business planning.Most technology centers offer this type of service; or
(5) referring the client to the ODOL to file a complaint if whenhis or her employer is not paying minimum wage.
(b) The worker and client decide jointly what plan to implement to increase the client's income, by what date this the plan can may be accomplished or progress made, and when to reevaluate the plan.
(c) The worker documents in FACS Case Notes the child care plan hours approved, what plan the client agreed to follow to increase income, and why any subsequent changes are made to the child care plan.
5.The worker consults with his or her supervisor before closing or denying benefits and documents the discussion in FACS Case Notes.
6.The worker must document documents in FACS Case Notes:
(1) income calculations used to arrive at current pay rate;
(2) what parts of the plan were implemented;
(3) why the client thinks he or she did not reach minimum wage; and
(4) the reasoning used to decide whether to close or approve further benefits.
7.When substantial changes occur, such as illness, a change in business location, or unforeseen circumstances, the worker sends an email to daycare@okdhs.org for guidance before taking action.
8.(a) When the client works from home, the worker must determine determines how flexible the client's work hours are and whether other options are available instead of subsidized child care benefits.Child care is not approved when the client is able to do the work while the child is in the home or the child is school age and the client can work can be done while the child is at school.The worker documents all details of the client's situation and what decision was made in FACS Case Notes.
(b) When the client is operating a child care home, the worker only approves child care in an out-of-home child care home or center when the client's own child places him or her over maximum licensed capacity.
(1) A family child care home provides care for seven or fewer children.
(2) Large family child care homes provide care for eight to 12 children.
(3) The provider's own children younger than five 5 years of age count toward licensed capacity.
(4) The worker consults with Oklahoma Child Care Services (OCCS) (CCS)licensing staff to establish whether a client, who is a child care provider, will be over capacity when his or her own child remains in the home and documents this the discussion in FACS Case Notes.Refer to OAC 340:110-3-84 and 340:110-3-97.1 for licensing guidelines.
9.(a) Sleep time child care is approved for working families only.Care is not approved for two-parent or two-caretaker families in order for when one parent to go goes to school during the day.
(b) The goal of this the policy is to allow a parent or caretaker to get seven to eight hours of sleep.The maximum care is not approved when the client has the opportunity to sleep during some of the child's sleep hours while the child is sleeping.For example, when a parent or caretaker's work schedule is from 10:00 p.m. to 4:00 a.m., eight hours of care is not approved since the parent or caretaker can may sleep for three-to-four hours before the child wakes up.
10.(a) Job search is approved for clients who have received a child care benefit for at least 30 calendar days in order to ensure the services of the child care provider services are not lost and continuity of care for the child is provided while the parent or caretaker attempts to locate a job.Care is only continued when the child remains at the same child care facility for the entire 30 calendar days job search is approved.When the client wishes to change child care providers, care by a different provider is not approved to job search.
(b) To approve a client to for job search, the worker closes the current authorization using the reason code "30 day job search time frame has ended."The end date entered on the authorization is 30 calendar days from the time the client lost employment or successfully completed a formal education or training program.
(c) The worker makes changes as needed to the income shown for the family and to the family share co-payment copayment prior to closing the authorization.No change is made to the days and hours of care number of units or unit type.
(d) When the authorization is closed on another reason code prior to offering child care to search for a job search, it may be reopened to cover this the 30 calendar day period.The authorization is then closed using the reason code "30 day job search time frame has ended."
(e) When the authorization is closed on another reason code prior to offering child care to search for a job, it may be reopened to cover this 30 calendar day period.The authorization is then closed using the reason code "30 day job search time frame has ended."
(f) When the client does not report the loss of employment or completion of a formal education or training program within ten 10 calendar days but continues to use child care, the worker asks the client whether he or she is searching for a job.
(1) When the client is searching for a job, the worker closes the authorization effective the date job search would have ended if the client had notified the worker timely or effective ten 10 calendar days from the date the worker takes action, whichever date is greater.
(2) When the client does not plan to job search, the worker closes the authorization effective ten 10 calendar days from the date the worker takes action.
(3) When the client uses care beyond the time frame the client could have been approved to job search, the worker sends an overpayment memo to the Adult and Family Services (AFS) Benefit Integrity and Recovery Section per OAC 340:40-15-1.
11.(a) When the client begins an a new activity that meets a need factor during the time frame job search was approved period, documentation must be provided and entered in case notes.The worker enters a new reopens the authorization in FACS with a begin date effective the day after the job search closure and updates the reason code, when needed.When more care is required for the new activity during the time frame job search was approved, the worker contacts the AFS Child Care Subsidy Section staff to change the authorization because the worker cannot make a change to a closed authorization.
(b) When the client begins an a new activity that meets a need factor within 30 calendar days after of the job search period ended ending, documentation must be provided and entered in case notes.The worker enters a new reopens the authorization in FACS and the begin date is the date verification is provided updates the reason code, when needed.
12.(a) When the client receives Temporary Assistance for Needy Families (TANF) and the training is approved as a TANF Work activity per OAC 340:10-2-1, child care may be approved.
(b) When the a client is participating not receiving TANF participates in a TANF Special Project but is not receiving TANF benefits, the Special Project must meet the requirements for an approved training program.When the Special Project does not meet the requirements, it does not meet a need factor for child care assistance.
(c) Examples of questionable programs could be programs for nurse's nurses' aides, data entry clerks, or cashiers.When the worker questions whether a particular training program will make a person more employable, he or she may:
(1) check with employers in the area that employ people with this skill to see determine if they require such a certificate, accreditation, or license.When they do not require one, but would pay more when the person had this credential, the worker approves child care for this the training;
(2) contact a Work Investment Act (WIA) counselor or an OESC employee to determine when a person must is required to meet general training requirements prior to becoming employed in this the field; or
(3) require that the client to provide documentation showing how this the training program can may help the client become more employable.
(d) On-the-job training and apprenticeship programs pay participants at least minimum wage for their work or training hours so care for this reason may be approved under the employment need factor.
13.When the client is not receiving does not receive financial aid and the worker does not know if the school is not known by the worker to be eligible to disburse federal or state educational funds, the worker calls the school for confirmation.
14.(a) The worker verifies what the days and hours the client attends school by obtaining a copy of the client's training or class schedule, documentation from the school showing the client's schedule, or by calling and verifying the schedule with school officials.Child care is limited to actual classroom attendance, including travel time.
(b) Child care may also be approved for activities outside of the classroom required to pass the course, such as internship and practicum placements, volunteer hours required to pass a specific class, or other required activities.
(c) Child care may be approved for activities outside of the classroom required to maintain a scholarship, such as athletic practice sessions, participation at sporting events, band practice, volunteer activities, or other required activities.The worker verifies the scholarship by obtaining a:
(1) copy of the report from the registrar showing the scholarship disbursement and hours enrolled or documentation from the school's financial aid office showing proof of the scholarship; and
(2) letter from the scholarship grantor explaining the activities, including days and times for participation required to maintain the scholarship.
(d) When the client is required to attend a lab in order to pass a specific class, an instructor must be present during the lab or child care is not approved for those hours.Hours spent by a student in a computer lab on an as needed basis to complete homework assignments are not approved even when a school official is present to help with technical difficulties regarding the equipment.
(e) When there are gaps in class times, the worker may approve child care beginning with the first class of the day through the last class of the day.Additional study time is never approved unless it is an approved TANF Work activity.Refer to OAC 340:40-7-8(d).
15.Child care may only be approved for televised courses when the client must view views the training during the live broadcast because class participation is required.When the client can view views the video of the broadcast whenever it is convenient, care is not approved for those hours.
16.The worker sets a reminder using the authorization review date to check on the client's school status when the client's care needs are expected to change or he or she is expected to graduate prior to an annual review the next renewal.When the client states he or she is still attending school, the client must provide provides a statement from the school verifying that he or she is making satisfactory progress, the reason he or she has not finished the program, and a current class schedule.
17.The intent of the work requirement is for the client to gain work experience and to make use of the training he or she has already received.When special circumstances exist that make this the requirement unreasonable, the worker may send an email to the AFS Child Care Subsidy Section staff at daycare@okdhs.org requesting special approval.When the request is granted, the worker documents the special circumstances in FACS Case Notes.
18.The goal is for the client to complete the program as quickly as possible.Once the client has completed one session of classes, it is expected that the school can project how much longer classes are needed.
19.When a caretaker receives child only TANF, the caretaker must meet a non-TANF related need factor.
20.Child care is limited to the days and hours needed to complete the TANF Work activity plus travel time.
21.This provision helps ensure continuity of care with the same child care provider so a person can may continue the employment process.
22.The worker approves subsidized child care benefits before expecting the applicant to begin job search.The worker assists Once the applicant in selecting a licensed, contracted facility.Upon selection of a facility selects a child care provider, the authorization is entered into the system worker authorizes care in the FACS Eligibility Notebook under the Auth. Daycare tab showing a reason, "for caretaker to search for employment," and a beginning and ending date for the authorization using fields K45 and K47.The ending date is no more than 30 calendar days from the date of request and is approved for a maximum of 20 full-time days.When the client requests a change of provider during this the 30 calendar day period, the worker only approves child care for the number of days remaining in the 30 calendar day period.
23.(a)To approve child care, the worker uses reason code 5, "TANF – substance abuse treatment" in the Auth. Daycare tab.
(b) Refer to OAC 340:40-7-6(c) for rules regarding periods of absence from the home when the parent attends in-patient substance abuse treatment.
24.(a) When the Child Welfare (CW) worker Services (CWS) specialist considers the family at risk for child abuse or neglect, but the family is not court involved, the CW worker CWS specialist contracts for Comprehensive Home-Based Services (CHBS) with the Oklahoma Children's Services (OCS).When CW CWS is not maintaining an open CW CWS case, the AFS worker completes the application for subsidized protective or preventive child care benefits.The CHBS case manager assists the family in applying for subsidized child care benefits.When approved, families receiving CHBS services are approved with a zero family share co-payment copayment.To verify the need for child care, the CHBS case manager provides a written statement to the AFS worker indicating:
(1) the names and ages of the children for whom child care is needed;
(2) why child care is needed and how it can may eliminate or reduce the risk to the children;
(3) what days and hours child care is needed; and
(4) how long child care is expected to be needed.
(b) The worker scans the statement provided by the CHBS case manager into imaging.When more than 30 calendar days of care is needed, the AFS worker sends an email requesting approval to the AFS Child Care Subsidy Section staff.
(c) In the FACS Eligibility Notebook under the Auth. Daycare tab, enter reason, "prevention of or protection from abuse, neglect, or exploitation," on the authorization.
25.The professional must is required to be someone currently working with the family in a professional capacity to improve the family's stability or functioning.Examples may include a doctor, counselor, therapist, CW CWS specialist, SoonerStart worker, or CHBS case manager.
26.(a) The worker documents in the email why he or she is requesting that a family's normal family share co-payment copayment be reduced or eliminated and how the family plans to increase its responsibility toward paying the family share co-payment copayment in the future.
(b) Families for whom protective or preventive child care is requested by a CHBS case manager are approved with a zero co-payment copayment.
(c) When the family is receiving other AFS benefits and income is considered for those other benefits, the worker diverts the income in the Child Care tab of FACS, "total diverted income" field E47.
27.The worker may help the client develop a budget that decreases the debt or refer the client to Consumer Credit Counseling or another local resource for help.This plan is included in the email.
28.When the worker approves the initial 30 calendar days of protective or preventive child care benefits, an end date must be is entered on the authorization to ensure further child care is not received authorized without approval from the FSSD AFS Child Care Subsidy Section staff approval.
29.(a) When an extension for protective or preventive child care is needed, the worker scans into imaging any verification supporting the need for child care and labels the verification as protective/preventive request.The worker sends an email to the AFS Child Care Subsidy Section staff to request the extension and informs staff the verification is in imaging.For most protective or preventive extension requests, the email must include:
(1) the names and ages of all children for whom child care is needed;
(2) an explanation of the reason child care is needed, the circumstances leading to the conclusion the child is at risk of neglect, abuse, or exploitation, and how child care can may eliminate or substantially reduce risk to the child;
(3) an explanation of whether a CW CWS referral was made, and if not, the reason, as well as any coordination efforts between AFS, CW CWS staff, and any other community partners;
(4) the days and hours child care is requested for each child;
(5) an explanation of the support system available to the family;
(6) an explanation of the exploration of any free alternative to child care.Examples include the availability of other family members, Head Start, and Mother's Day Out programs;
(7) the length of time child care is needed;
(8) an explanation of what, if any, family share co-payment the family is expected to contribute.When when the worker requests the family share co-payment is copayment be reduced or completely waived because of family expenses,.The worker also includes an explanation of the plan to decrease the debt is included in the email; and
(9) the worker's opinion about the need for child care.
(b) AFS Child Care Subsidy Section staff typically approves protective or preventive requests for no more than six months at a time.When the worker requests an extension beyond the original time period approved by AFS, the worker sends a new email that includes more detail showing what efforts were made to reduce or eliminate the need for protective or preventive child care.Refer to OAC 340:40-9-1(d) for interview requirements.
(c) In the FACS Eligibility Notebook under the Auth. Daycare tab enter reason, "prevention of or protection from abuse, neglect, or exploitation," on the authorization.
30.Enrichment child care is not approved when the parent or caretaker meets another need factor.
31.The client must provide provides documentation from the school verifying the child is unable to attend class.The worker enters what documentation was provided in case notes.
32.(a) The worker scans into imaging the written documentation provided by the client from a professional who is working directly with the child and sends the email to the AFS Child Care Subsidy Section staff for approval.The email includes:
(1) why enrichment child care is recommended for the child;
(2) whether the child has available another way to become socialized, such as participation in a play group with other children, special education services through the local school system, Early Head Start, or Head Start; and
(3) the name of the child care facility the child plans to attend.
(b) AFS Child Care Subsidy Section staff reviews the email and documentation and sends an email to the worker stating whether care is approved or denied.When approved, care is authorized for no more than six months at a time.
(c) The worker enters the approval or denial in the FACS Eligibility Notebook, Auth. Daycare tab.The worker enters as the reason "enrichment, supervision, training, or to avoid institutionalization."
(d) Refer to OAC 340:40-7-3.1 for information about the approval process for the higher special needs rate unit type.
340:40-7-13. Computation of income
Revised 6-1-10
(a) Any income from an ongoing source that is received regularly but in amounts that vary, or income received irregularly, is averaged over a minimum of 30 days unless the client has received fewer than 30 days of representative income.¢ 1This includes overtime pay, irregular child support, and other occasional increases or decreases in the monthly gross income.When income is received more often than once per month, the income is converted to a monthly amount.¢ 2
(b) Income of the applicant or recipient is verified by the best available information.¢ 3
(1) When the applicant has received at least 30 days of income, the best available information is whatever records are available that best establish the amount of income already received and expected for future months.¢ 4When the last 30 days of income is not available, actual income must be verified and recomputed within 90 calendar days.
(2) When the client's ongoing income has changed and the last 30 days of income are not indicative of future earnings, best available information may be an employer statement rather than pay stubs.When work hours remain the same but the client received a pay raise, best available information may be to average the work hours over the last 30 days and multiply the figure by the new pay rate.¢ 5
(3) For earned income, pay stubs are used for verification only if the client's name or Social Security number, date(s) of the pay period, and amount of income before deductions are shown on the pay stub.When this information is not shown on the pay stub, or pay stubs are not available, employer verification is required.¢ 6
(c) With new employment, the worker verifies the beginning date, date the first full paycheck is expected to be received, hourly rate, and anticipated number of hours per week.¢ 7Income from a new source is never used in calculating the family share co‑payment until after income is received.See OAC 340:40-7-10 for general provisions regarding income.
(d) To calculate income for an initial certification, the worker:
(1) uses actual income received for the month of application and current month, if known, except when:
(A) all income for the month has not been received and verified.Instead the worker uses any full representative paychecks to anticipate income for the certification month and future months;
(B) the person is paid every two weeks and received three checks in the month of certification from ongoing employment; or
(C) the person is paid weekly and received five checks in the month of certification from ongoing employment; or
(2) anticipates income for the month of application and current month when the household receives an extra check in the initial month due to a third or fifth week and the income is ongoing.In the month of application, the anticipated income may be less than a full month's wages.
(e) To calculate income at review, the worker determines eligibility based on circumstances anticipated for future months using the best information available.
(f) All earned and unearned income is added together to arrive at the gross income for the household.
(g) Once gross income is computed, the only allowable deduction from gross income is for the amount of any verified legally-binding child support payments paid by a household member to or for a non-household member, including child support and child care support payments made to a third party on behalf of the non-household member.¢ 8
(h) The worker uses Oklahoma Department of Human Services (OKDHS) Appendix C‑4, Child Care Eligibility/Co-payment Chart to determine whether the household meets income guidelines.See OAC 340:40-5-1(8).
INSTRUCTIONS TO STAFF 340:40-7-13
Revised 7-1-12 11-1-14
1.(a) When ongoing income fluctuates to the extent that a 30 calendar day period alone cannot provide an accurate indication of anticipated income, a longer period of past income may be requested and used to determine representative income.
(b) When the worker is computing computes income in the same case for multiple programs and the programs compute income differently, it is sometimes necessary to the worker may use the "total diverted" field E47 in the Family Assistance/Client Services (FACS) Eligibility Notebook Child Care tab (Section E) to ensure income is correctly computed for child care.This The "total diverted" field is most often used for the initial month of certification when other programs count anticipated income before the applicant receives a full paycheck.The worker, in this instance, removes income from the divert field effective the month the income is countable per child care policy.
2.(a) Food Stamp Penalty Income is not considered for child care computation.
(b) In instances where When the amounts to be converted differ, such as fluctuating daily, weekly, or biweekly amounts, the worker obtains an average and the average is multiplied by 4.3, 2, or 2.15, whichever is applicable.The method used to convert income to a monthly amount is income received:
(1) Income received on a daily basis when is:
(A) converted to a weekly amount and multiplied by 4.3 when there is a consistency in days worked each week and there is a regularity of pay dates, is converted to a weekly amount then multiplied by 4.3; or
(B) income is averaged by calendar month when received at irregular intervals and there is no consistency in the work offered or when pay is received, it is appropriate to average all income received in a calendar month rather than converting to a weekly amount;
(2) weekly is multiplied by 4.3;
(3) twice a month is multiplied by 2; or
(4) every two weeks is multiplied by 2.15.
(c) The worker carries cents through all steps and then rounds to the nearest dollar when arriving at the monthly amount.The worker rounds one cent through 49 cents down and 50 cents through 99 cents up.The worker records income in the FACS Interview Notebook under the Income tab.
3.(a) Terminated income is counted only in the month received.
(b) Refer to OAC Oklahoma Administrative Code (OAC) 340:40-7-10(c) for information regarding when to start counting income from a new source.
4.The worker documents in FACS Case Notes how income was calculated and why the records were not available.
5.The worker uses the best available information and documents his or her reasoning in FACS Case Notes.Actual income, with the exception of self-employment income, must be is verified and recomputed within 90 calendar days.Refer to OAC 340:40-7-11(b)(2) for information regarding calculation of self-employment income.
6.When computing on-going income using paycheck pay stubs, the steps in (1) through (5) of this Instruction help ensure more accurate earned income calculation.
(1) The client must provide the most recent 30 calendar days of paycheck pay stubs from the date of the face-to-face interview including any pay stub received on the date of the interview.
(2) Paycheck Consecutive pay stubs provided must be consecutive are required.Using a calendar to identify the pay dates, ensures there are no missing pay stubs.
(3) Gross amounts of income must be are used in the calculation process.
(4) When hours worked fluctuate from each pay period, the worker discusses with the client the reason for varying hours, such as the employee missed missing work due to illness or hours fluctuate fluctuating due to the amount of work performed.The worker documents this the discussion in FACS Case Notes.
(5) The worker only uses those paycheck pay stubs the worker he or she determines are representative of future earnings for future months.When the worker excludes any paycheck pay stubs, he or she documents in the case record or in FACS Case Notes the reason they were excluded in the case record or in FACS Case Notes.
7.When the client has not received a full paycheck from new employment, it is appropriate to use an employer's statement or an employer completed Form 08AD094E, Employment Verification, that the employer has completed.When the worker is projecting projects income using only an employer's statement, the income is converted using either 2.15, 2, or to the 4.3, 2, or 2.15 calculation method methods.For new self-employment, refer to OAC 340:40-7-11(b)(2).
8.(a) Child support is defined as any money court-ordered and designated to be paid for the support of a child.This may include, but is not limited to,:
(1) child support, child support arrearages, medical insurance or other health care premiums, child care obligations, or other obligations specified in individual court or administrative orders.; or
(2) Money money owed to a state for benefits provided for a child including, but not limited to, Temporary Assistance for Needy Families (TANF), SoonerCare (Medicaid), and foster care is also considered as child support.
(b) Before allowing a child support deduction, the worker obtains proof of the amount ordered and the actual support payments being made each month.
(c) The worker enters the amount of child support paid to or for a non-household member in the Child Care tab of the FACS Eligibility Notebook in the "child support deduction" field (E46).
