SECTION 340:40-5-1. Child care plan

  Providing child care is part of an overall plan of service designed to help the parent or caretaker, with whom the child lives, achieve his or her maximum potential for self-support. Quality child care services ensure the parent or caretaker each child has adequate care that affords developmental and learning experiences while the parent or caretaker is engaged in self-support activities. The child care plan consists of many components that link to form a goal-directed child care plan as described in (1) through (11) of this Section.

(1)   Child characteristics. The worker gathers information about the child for whom child care is needed including his or her name, age, grade level, and if the child has a disability.

(2)   Need for child care. The worker determines if the parent or caretaker meets a need factor per Oklahoma Administrative Code (OAC) 340:40-7-7 and 340:40-7-8.

(3)   Plan hours. The worker gathers information about the days and hours, including travel time, from the parent or caretaker to document the need factor.

(A)   When there are two parents or caretakers in the home, the worker only approves subsidized child care benefits when both parents or caretakers meet a need factor during the same hours, per OAC 340:40-7-7 and 340:40-7-8.

(B)   Based on the days and hours the child requires care, the worker approves a full-time daily, part-time daily, a combination of full-time and part-time daily, weekly, or a blended unit type.

(C)   Refer to OAC 340:40-7-7(e) for plan hours concerning a child attending an Early Head Start-Child Care Partnership (EHS-CCP) grant program or an Oklahoma Early Childhood Program (OECP).

(D)   The worker does not decrease the child care plan hours because the client no longer meets a need factor or has a decreased need for child care between renewal periods, per Section 98.21(a) of Title 45 of the Code of Federal Regulations (45 C.F.R. § 98.21) and OAC 340:40-9-2(b).

(4)   Alternative to subsidized child care benefits. The worker and client explore whether there is an appropriate, feasible alternative to Oklahoma Department of Human Services (DHS) subsidized child care benefits.

(A)   When the alternative is a spouse or the natural or adoptive parent of the child who lives in the home, the client must use the alternative rather than subsidized child care benefits.

(B)   When the alternative is someone other than a spouse or parent of the child, the client may choose whether to use the alternative.

(5)   Plan to increase income. At each application or renewal, the client and worker explore ways the client may become more self-supporting by increasing household income. Increasing household income may include pursuing a work promotion, searching for a higher paying job, or increasing job skills. The client must also pursue any identified potential income, per OAC 340:40-7-9.

(6)   Back up plan. The worker and client discuss and develop a backup plan for child care when the child cannot go to the usual provider because of illness, school holidays, or other emergencies. The backup plan includes the name and address of a person the client feels he or she can rely on when the normal plan of care cannot be used.

(7)   Choice of provider. The worker documents the choice of provider on the application or renewal form.

(A)   When the client does not choose a provider at the time of request, the worker provides the client with information to help in making the choice.

(B)   The client may choose a family child care home regardless of star level.

(C)   The client may not choose a child care:

(i)   facility that does not have a valid contract with DHS;

(ii)   facility in which the client or his or her spouse, including the child's parent or stepparent, has an ownership interest;

(iii)   home in which the child resides;

(iv)   home in which the client also works during the hours his or her child is in care;

(v)   provider who does not allow parental access during the hours the provider is caring for children;

(vi)   program receiving state or federal funds, such as Head Start, Early Head Start, or public schools, and not charging all parents for the hours subsidy payment is requested. EHS-CCP grant programs and OECPs are exempt from this rule;

(vii)   provider caring for a school age child during the regular school day when the student could be attending a public or private school during those hours;

(viii)   center, when it is a one star facility, unless there are no centers with a higher star status in the community or special exception criteria are met. Special exception criteria are:

(I)   the child was approved for care prior to the provider's star status being reduced to one star. The child may remain at the facility unless the child stops attending there for more than 30-calendar days. The child may be approved at the same facility again when the only reason the child did not attend for more than 30-calendar days was because of a school break or circumstances beyond the control of the family, such as the child's illness;

(II)   care is requested for a child living in the same home as a child already approved for care per (7)(C)(viii)(I) of this subsection for the same one star child care provider; or

(III)   the parent or guardian demonstrates there is no other child care option that meets the family's needs; or

(ix)   in-home provider who is not related to the child. Per OAC 340:40-13-2, related means an aunt, uncle, grandparent, great grandparent, or sibling not living in the home.

(8)   Income determination. Per OAC 340:40-7, the worker determines who is considered part of the household for income determination and what income is countable or excluded. The household's countable income must not exceed the income eligibility threshold, per DHS Appendix C-4, Child Care Eligibility/Copayment Chart.

(9)   Family share copayment. The worker refers to DHS Appendix C-4 to determine the family share copayment for each family. The family share copayment is applied before DHS pays a child care subsidy. The family's copayment cost varies based on family size and income.

(A)   The family share copayment is determined at approval and may not be increased until renewal, per 45 C.F.R. § 98.21(a)(3). When the worker anticipates changes in household income at approval, such as when the client started a new job and did not receive a full month's pay for the application month, the worker increases household income and the family share copayment for the next month in the certification action. All family share copayment changes made at certification are included in the approval notice(s).

(B)   When household income decreases during the eligibility period, the worker decreases the family share copayment, when applicable, per OAC 340:40-9-2(c). Following a decrease, the copayment is not increased until renewal unless the household income exceeds the income eligibility threshold, per DHS Appendix C-4.

(C)   At renewal, when the family's income exceeds the income eligibility threshold, per DHS Appendix C-4, the worker closes the child care benefits.

(10)   Social services requests. When a client requests help in meeting the social services needs listed on the application or renewal, the worker provides all available information to aid a client in meeting these needs.

(11)   Client rights and responsibilities. The worker informs the client of his or her rights and responsibilities per (A) through (G) of this paragraph.

(A)   A child care request is only approved back to the request date when the interview is conducted and verification is provided on the request date.

(B)   The client has the right to ask for a fair hearing when the client disagrees with an action taken on his or her case, per OAC 340:2-5.

(C)   The provider may charge the client for special fees, such as enrollment or transportation fees, provided these fees are posted and also charged to families attending the facility who do not receive subsidized child care.

(D)   The provider may charge the client for care provided in excess of the DHS- approved child care plan when the client chooses to leave the child in care longer. When the provider requires all children in the facility to begin care by a certain time of day and the client's child care plan hours start later, the provider must not charge the client for the additional hours. The client swipes attendance based on the child care plan hours.

(E)   The provider may charge the client for any days DHS refuses to pay for care because the:

(i)   client did not swipe attendance for the correct days and times his or her child attended child care;

(ii)   swipes were denied and the client did not get them corrected within 10- calendar days; or

(iii)   provider lost the absent-day payment for a child approved for a weekly unit type because the client did not swipe correct attendance for every day the child attended that month.

(F)   The provider may not charge the client for days:

(i)   and hours covered in the child care plan when all attendance was correctly swiped, even when the hours are more than customary for a full-time day; and

(ii)   the child is not in attendance.

(G)   The client is required to cooperate with the DHS Office of Inspector General in any audit or investigation of possible overpayments by the client or by the client's chosen provider.

[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 1236, eff 5-11-01; Amended at 19 Ok Reg 195, eff 1-01-02 (emergency); Amended at 19 Ok Reg 2205, eff 6-27-02; Amended at 20 Ok Reg 530, eff 1-1-03 (emergency); Amended at 20 Ok Reg 872, eff 6-1-03; Amended at 20 Ok Reg 2800, eff 8-1-03 (emergency); Amended at 20 Ok Reg 2916, eff 8-1-03 (emergency); Amended at 21 Ok Reg 1377, eff 7-1-04; 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 920, eff 6-1-08; Amended at 26 Ok Reg 820, eff 6-1-09; Amended at 28 Ok Reg 831, eff 6-1-11; Amended at 32 Ok Reg 1875, eff 10-1-15; 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]