SECTION 340:40-3-1. Application process

(a)   Application process. The application process for subsidized child care benefits begins with a request for benefits and ends with an eligibility determination. Application approval is subject to available funding. Subsidized child care benefits must be synchronized with the client's food benefits or SoonerCare (Medicaid) benefits per Oklahoma Administrative Code (OAC) 340:40-9-1(f). Child Welfare Services or Adult and Family Services (AFS) staff processes the application.

(1)   When an application is required. An application is required, when:

(A)   an applicant initially applies for subsidized child care benefits. Refer to (c)(2) of this Section when an application is denied;

(B)   the client's subsidized child care benefits are closed for more than 30-calendar days;

(C)   the payee for the subsidized child care benefits changes; or

(D)   the family income was not considered because OAC 340:40-7-12(6) policy applied and one or more of the affected adopted children turns 6 years of age unless there is already a separate open income eligible case and the child can be added to that case per OAC 340:40-9-2(d).

(2)   Who can apply. An applicant or the applicant's authorized representative may apply for subsidized child care benefits. When an authorized representative applies on behalf of an applicant, he or she must bring a signed statement from the applicant giving the person permission to act on behalf of the applicant or the applicant must have designated the person as his or her authorized representative on the signed application.

(A)   When the natural or adoptive parent or stepparent lives with the child, he or she is considered the applicant and eligibility is based on the parent's situation regardless of whether he or she has custody of the child.

(B)   When both the natural and adoptive parent of the child live in the same household and the adoption is final, the adoptive parent is considered the applicant and eligibility is based on the adoptive parent's situation.

(C)   When the natural or adoptive parent or stepparent is not in the home, the person acting in the role of the parent, referred to as the caretaker, is the applicant. The caretaker may or may not be related to the child.

(D)   When the child's parent is a minor, either the minor parent or the responsible adult the minor lives with can be considered the applicant for the subsidized child care benefits. Eligibility is based on the minor parent's situation.

(E)   When the natural or adoptive parent lives in the home but is too incapacitated to apply, another person living in the home may apply for the natural or adoptive parent. The other person must provide proof of the parent's inability to apply.

(3)   Application. An applicant or the applicant's authorized representative completes and signs an application to apply for subsidized child care benefits. When the applicant requests child care for a child with disabilities, the worker gives Form 08AD006E, Certification for Special Needs Rate for Licensed Child Care Homes and Centers, to the applicant.

(4)   Request date. The request date, known as the application date for other Adult and Family Services programs, is the date the applicant requests subsidized child care benefits verbally or in writing.

(5)   Certification date. The certification date is the date the applicant or the applicant's authorized representative completes the child care interview and provides all necessary verification to the county office, including the name of the child care provider the client chooses to use.

(A)   The provider must have a valid Oklahoma Department of Human Services (DHS) child care provider contract.

(B)   Refer to OAC 340:40-5-1(7) for reasons an applicant cannot choose certain child care providers.

(C)   For applicants choosing an in-home provider, refer to OAC 340:40-13-1 and 340:40-13-2.

(6)   Child care interview. Child care interviews may be completed face-to-face or over the phone with the applicant or authorized representative.

(7)   Explanation of eligibility factors. At the time of the initial interview, the worker informs the applicant or authorized representative of:

(A)   his or her rights and responsibilities;

(B)   all factors of eligibility including the requirement that the chosen child care provider be contracted with DHS;

(C)   the child care plan and reason child care may be approved based on the applicant's statements at interview;

(D)   the applicant's electronic benefit transfer (EBT) responsibilities including viewing the client training video;

(E)   the earliest date child care can be approved;

(F)   the requirement to cooperate with the DHS Office of Inspector General during any audit or investigation of the applicant or the provider the applicant uses for child care; and

(G)   the requirement to report within 10-calendar days when household income exceeds the income eligibility threshold per DHS Appendix C-4, Child Care Eligibility/Copayment Chart. At certification and renewal, a computer-generated notice issues to inform the client of the current income eligibility threshold for his or her family size.

(8)   Timeliness. To be considered timely, the worker must determine eligibility within two-business days of receiving all necessary verification to certify or deny the application.

(A)   When the applicant does not provide requested verification, the worker denies the request within 30-calendar days of the request date.

(B)   When eligibility is not determined within 30-calendar days, the worker sends Form 08MP038E, Client Notice of Action Taken, explaining the reason for delay.

(9)   Right to appeal. The applicant has the right to appeal the untimely processing of a child care request or the decision of eligibility or ineligibility per OAC 340:2-5.

(b)   Presumptive eligibility processing. The worker may presumptively approve a maximum of 30-calendar days of child care prior to making a complete eligibility determination when a reason described in (1) of this paragraph applies.

(1)   Reasons include, when the applicant:

(A)   is in danger of losing a job or cannot start a new job unless child care is immediately approved. In this circumstance it must be out of the applicant's control to provide required verification and the applicant does not have the money to pay toward the cost of child care;

(B)   is employed but has not received pay from the job and is not guaranteed a wage because he or she is self-employed or works on a commission-only basis. Further care is not approved until the applicant provides proof he or she received earnings from the job;

(C)   requests protective or preventive child care per OAC 340:40-7-8(f); or

(D)   requests good cause for refusal to cooperate in pursuing child support with Child Support Services per OAC 340:40-7-9 and has not provided good cause proof yet. Further care is not approved until the applicant provides good cause proof that supports the good cause claim.

(2)   The worker gives or sends the applicant Form 08AD092E, Client Contact and Information Request, to inform the applicant what he or she needs to provide before further care is approved.

(c)   Eligibility determination. The worker determines the applicant's eligibility to receive child care subsidy benefits based on eligibility conditions per OAC 340:40-7. The applicant must meet a need factor within 30-calendar days of the request date. After calculating family income, the worker uses DHS Appendix C-4, Child Care Eligibility/Copayment Chart, to determine if the household meets the income eligibility threshold. Refer to OAC 340:40-5-1(8) and 340:40-7-10 through 340:40-7-13 for information regarding income determination.

(1)   Applicant determined eligible. The earliest date the worker approves subsidized child care benefits is the date the applicant completes the child care interview and provides all necessary verification to determine eligibility. The worker certifies the applicant for a 12-month eligibility period per Section 98.21 of Title 45 of the Code of Federal Regulations. The applicant is responsible for child care used before the certification date.

(A)   The client swipes attendance with his or her EBT card through a point-of-service machine at the child care facility.

(B)   DHS does not pay for care for any day the child attends child care when the client fails to swipe attendance, unless extenuating circumstances exist beyond the control of the client or provider.

(C)   When the client fails to swipe attendance, he or she is responsible for any care provided that day and may be responsible for any absent day payment DHS pays, when all of the days the child attended were recorded.

(2)   Applicant determined ineligible. The worker denies the child care request or application when the applicant completes the application process and is determined ineligible, does not provide needed verification, or fails to cooperate in determining eligibility.

(A)   When the applicant is determined ineligible after completing the application process and providing necessary verification, a new application is required regardless of the original request date.

(B)   When the worker denies the application because the applicant did not provide required verification, including choice of provider, a new application is not needed when the applicant completes the application process and provides necessary verification within 60-calendar days of the original request date.

(C)   When the worker denies the application because the applicant fails to cooperate in determining eligibility, a new application is not required when the applicant cooperates within 30-calendar days of the original request date.

[Source: Added at 17 Ok Reg 25, eff 10-1-99 (emergency); Added at 17 Ok Reg 1244, eff 6-1-00; Amended at 17 Ok Reg 3583, eff 10-1-00 (emergency); Amended at 18 Ok Reg 155, eff 12-1-00 (emergency); Amended at 18 Ok Reg 1236, eff 5-11-01; Amended at 19 Ok Reg 1917, eff 4-29-02 (emergency); Amended at 20 Ok Reg 530, eff 1-1-03 (emergency); Amended at 20 Ok Reg 872, eff 6-1-03; Amended at 21 Ok Reg 1364, eff 9-1-04; Amended at 23 Ok Reg 1872, eff 7-1-06; Amended at 24 Ok Reg 1027, eff 6-1-07; Amended at 25 Ok Reg 14, eff 8-3-07 (emergency); Amended at 25 Ok Reg 920, eff 6-1-08; Amended at 26 Ok Reg 820, eff 6-1-09; Amended at 27 Ok Reg 1220, eff 6-1-10; Amended at 28 Ok Reg 831, eff 6-1-11; Amended at 30 Ok Reg 655, eff 6-1-13; Amended at 34 Ok Reg 58, eff 10-1-16 (emergency); Amended at 34 Ok Reg 1481, eff 10-1-17; Amended at 35 Ok Reg 36, eff 10-1-17 (emergency); Amended at 35 Ok Reg 1647, eff 9-17-18; Amended at 36 Ok Reg 363, eff 3-1-19 (emergency); Amended at 37 Ok Reg 1813, eff 9-15-20]