SECTION 340:75-6-91. Child care services for parents with a child in Oklahoma Department of Human Services (DHS) custody

(a)   Preventive child care services. Preventive child care services enable the child to be in a protective environment a specified number of hours per day and days per week as determined by Child Welfare Services (CWS).

(1)   Preventive child care services may be provided to the family with an active CWS case when the:

(A)   child is determined unsafe due to the existence of present or impending danger; and

(B)   family is in the process of reunification in an active permanency planning case.

(2)   The family is not required to establish financial eligibility as preventive child care can be provided for income eligible or non-income eligible families.

(b)   Child care services for employment, education, and training purposes.

(1)   Parents with a child in DHS custody who need child care for education, training, or employment purposes are required to meet the eligibility requirements in Oklahoma Administrative Code (OAC) 340:40-7.

(2)   Parents with a child in DHS custody apply for trial reunification child care services through DHS Adult and Family Services, as a co-payment may be required.

(3)   Resource parents requesting child care are required to meet the eligibility requirements in OAC 340:75-7-65.

(c)   Child care program options.

(1)   The parent may choose a family child care home regardless of star level.

(2)   Child care subsidy benefits are not paid by DHS when the:

(A)   child care program does not have a valid contract with DHS;

(B)   parent, his or her spouse, or child's parent or stepparent, has an ownership interest;

(C)   parent works in the child care home during the same hours the child attends child care;

(D)   parent chooses more than one child care program to provide service to a child on the same day;

(E)   program does not allow parental access during the hours the program cares for children;

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

(G)   program 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; or

(H)   program is one star, unless there are no programs with a higher star status in the community or special exception criteria are met. Special exception criteria are:

(i)   the child was already approved for care at the one star program prior to January 1, 2003, or prior to the program's star status being reduced to one star. The child:

(I)   can remain at the one star program, unless the child stops attending the program for more than 30-calendar days; and

(II)   may be approved at the same one star program again when the only reason the child did not attend for more than 30-calendar days was due to a school break or circumstances beyond the family's control, such as the child's illness;

(ii)   care is requested for the child residing in the same home as a child already approved for care as described in (c)(H)(i) in the same one star child care program; or

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

(d)   Child care subsidy benefits for the child with disabilities. A child with disabilities is potentially eligible for the higher special needs rate for child care subsidy benefits. Each child with disabilities requires a separate and specific certification of the child care program.

(1)   The child with disabilities is defined as a child receiving:

(A)   Supplemental Security Income (SSI). This 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;

(B)   SoonerStart early intervention services; or

(C)   special education services provided, per an Individualized Education Program (IEP), by the child's school district.

(2)   When the child with disabilities is 13 years of age or older, the parent 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 at review. Subsidized child care benefits are not approved when the licensed health care professional states the child is capable of self-care as age-appropriate.

(e)   Overpayment of child care. DHS seeks repayment for any child care that was received or paid in error per OAC 340:40-15-1.

[Source: Added at 13 Ok Reg 3669, eff 4-29-96 (emergency); Added at 14 Ok Reg 2288, eff 6-12-97; Amended at 15 Ok Reg 211, eff 11-1-97 (emergency); Amended at 15 Ok Reg 1663, eff 5-11-98; Amended at 15 Ok Reg 3886, eff 7-14-98 (emergency); Amended at 16 Ok Reg 1052, eff 4-26-99; Amended at 17 Ok Reg 92, eff 10-1-99 (emergency); Amended at 17 Ok Reg 923, eff 3-1-00 (emergency); Amended at 17 Ok Reg 2249, eff 6-1-00 (emergency); Amended at 17 Ok Reg 2429, eff 6-26-00; Amended at 18 Ok Reg 3067, eff 7-12-01; Amended at 19 Ok Reg 2208, eff 6-27-02; Amended at 27 Ok Reg 1092, eff 3-26-10 (emergency); Amended at 27 Ok Reg 1865, eff 7-1-10; Amended at 28 Ok Reg 894, eff 7-1-11; Amended at 29 Ok Reg 635, eff 6-1-12; Amended at 30 Ok Reg 839, eff 7-1-13; Amended at 34 Ok Reg 1550, eff 9-15-17]