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340:40-5-1. Plan of service

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Revised 6-1-09

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

(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 whether the child has a disability. • 2
(2) Need for child care. The worker determines whether the parent or caretaker meets a need factor in accordance with OAC 340:40-7-7 and 340:40-7-8.
(3) Plan hours. The worker gathers information about the days and hours the parent or caretaker meets the need factor, including travel time. • 3
- (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 in accordance with OAC 340:40-7-7 and OAC 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. • 4
(4) Alternative to subsidized child care benefits. The worker explores with the client whether there is an appropriate, feasible alternative to Oklahoma Department of Human Services (OKDHS) subsidized child care benefits. • 5
- (A) If 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) If the alternative is someone else, the client has a choice whether to use this alternative. • 5 Possible alternatives include:
  - (i) care by a dependable relative who is able and willing to assume responsibility for care and supervision of the child for part of the day;
  - (ii) care in a free or low cost facility, such as a preschool, pre-kindergarten, kindergarten, Head Start, Early Head Start, or tribal child care program; • 6
  - (iii) dependent care expenses that are considered as earned income exemptions, per OAC 340:10-3-33(3); and
  - (iv) for a school age child, the rearrangement of the parent's or caretaker's employment or training schedule to coincide with the hours the child is in school.
(5) Plan to increase income. At each application or review the client and worker discuss ways the client can increase income to the household and identify the goals child care helps the family achieve. Together they estimate when the family can assume progressively greater responsibility for the cost of child care. The worker makes referrals to other agencies as appropriate and in accordance with OAC 340:40-7-9. • 7
(6) Back up plan. The worker discusses with the client the back up plan for child care that is in place if the child cannot go to the usual provider because of illness, school holidays, or other unforeseen emergency. The back up 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. • 8
(7) Choice of provider. The worker documents the choice of provider on the application or review form. • 9
- (A) If 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. • 10
- C) The client may not choose a child care:
  - (i) facility that does not have a valid contract with OKDHS;
  - (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(ren) is in care unless an approval is obtained from the Family Support Services Division (FSSD), Child Care Subsidy Section; • 11
  - (v) provider who does not allow parental access during the hours the provider is caring for children;
  - (vi) provider who is receiving state or federal funds, such as Head Start, Early Head Start, or public schools, unless:
    - (I) all parents are charged a fee for the hours subsidy payment is requested; and
    - (II) the program offers extended day services. Programs operating only during typical school or Head Start hours are not eligible; • 6
  - (vii) provider caring for a school age child during the regular school day when such student could be attending a public or private school during those hours; or • 12
  - (viii) center, which is a one star facility unless there are no one plus, two, or three star centers in the community or special exception criteria are met. Special exception criteria are:
    - (I) the child was already approved for care at this one star center prior to January 1, 2003 or prior to the provider's star status being reduced to one star. The child can remain at this facility unless the child stops attending there for more than 30 calendar days. The child may be approved at this same facility again if the only reason the child did not attend for more than 30 calendar days was because of a school break or due to circumstances beyond the control of the family such as illness of the child; • 13
    - (II) care is requested for a child living in the same home as a child already approved for care as described in (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. • 14
(8) Income determination. Based on OAC 340:40-7, the worker determines who is considered part of the household for income determination, what income is countable, and what income is excluded. After determining the amount of countable household income, the worker uses OKDHS Appendix C-4, Child Care Eligibility/Co-payment Chart, to determine whether the household meets income guidelines. The OKDHS Appendix C-4 is amended from time to time and the Commission for Human Services must approve any changes. If the income of the family exceeds the eligibility standard on the appendix or is above the income level on the appendix, the family is not eligible for subsidized child care benefits.
(9) Family share co-payment. The worker uses OKDHS Appendix C-4 to determine the family share co-payment for each family. The family share co-payment is applied before OKDHS pays a child care subsidy. • 15 The amounts the family and OKDHS pay toward the cost of care varies depending on the plan of service, family size, income, and the number of children receiving subsidized child care benefits.
(10) Social services requests. When a client requests help in meeting the social services needs listed on the application or review form, the worker provides all available information to aid a client in meeting these needs. • 16
(11) Client rights and responsibilities. The worker advises the client of rights and responsibilities listed in (A) through (G).
- (A) A child care request is only approved back to the date of request when the interview is conducted and verification is provided on that same date.
- (B) The client has the right to ask for a fair hearing if the client disagrees with an action taken on his or her case, per OAC 340:2-5. • 17
- (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 the general public.
- (D) The provider may charge the client for care provided in excess of OKDHS approved child care plan of service hours when the client chooses to leave the child in care longer. If the provider requires that all children in the facility 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 those additional hours. The client swipes attendance based on the child care plan hours. • 18
- (E) The provider may charge the client for any days OKDHS refuses to pay for care when: • 19
  - (i) the 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 ten calendar days; or
  - (iii) the provider loses 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:
  - (i) days and hours covered in the child care plan when all attendance was correctly swiped even if the hours are more than customary for a full-time day; and
  - (ii) days the child is not in attendance. • 20
- (G) The client is required to cooperate with the OKDHS Office of Inspector General in any audit or investigation of possible overpayments by the client or by the client's chosen provider.

INSTRUCTIONS TO STAFF 340:40-5-1

Revised 10-1-09

1.   A major focus of all client contacts is to establish a good relationship with the family. Establishing a relationship of mutual trust helps to identify the family's needs, strengths, and goals. Actually seeing and talking to the children in the family also helps in developing a true picture of the family and its dynamics. The worker helps the client become more independent by suggesting ways to increase household income and identifying strengths in the client's life. The Family Support Services (FSS) worker and the Child Welfare (CW) staff freely share information to develop a plan that best meets the needs of the family when both are working with the family.

2.   (a) If the child is in school, the worker asks what days and hours the child attends school to help determine how many hours the client needs subsidized child care.

(b) Child care providers caring for children with disabilities are sometimes eligible for a higher reimbursement rate. OAC 340:40-7-3 and OAC 340:40-7-3.1 for information about children with disabilities.

3.   It is preferable for the client to provide a written statement from the employer, school, or training facility that is signed and dated verifying the days and hours the parent or caretaker meets a need factor. If a written statement is unavailable, the worker can verify this information by phone contact with the employer, school, or training facility. The worker must clearly document who he or she spoke with and what was verified in the Family Assistance/Client Services (FACS) Case Notes.

4.   (a) The amount of travel time approved varies depending on what is reasonable for the client. The worker asks the client how much time it takes to get to the work or training activity after dropping the child off at child care and then how long it takes to get from the work or training activity to the child care facility. If extra care is approved because the client must ride with another person whose schedule varies from the client or the client lives a long distance from his or her job, the worker documents this in Case Notes.

(b) To help determine the appropriate unit type, the worker can use the Appendix C-4-C, Unit Type Chart for Child Care Authorizations.

(1) The worker approves a full-time daily unit type when care is needed more than four hours every day authorized for fewer than 15 days per month or more than 23 days per month.

(2) The worker approves a part-time daily unit type when care is needed for four hours or fewer every day authorized.

(3) The worker approves a combination of full-time and part-time unit types when care is needed more than four hours for some of the days and four hours or fewer other days. If the child is four years or older, the worker first determines whether the child qualifies for a blended unit type before approving a combination of full-time and part-time unit types.

(4) Child care authorized with a weekly unit type is paid at a full-time daily or part‑time daily rate for the days the child attends care. An absent day payment may be made to the child care provider for days the child does not attend care only if the child attends the minimum number of days required in the month to qualify. See Oklahoma Department of Human Services (OKDHS) Appendix C-4-B, Child Care Provider Rate Schedule, to determine the minimum number of days a child must attend to qualify for an absent day payment and the maximum number of days OKDHS pays the provider.

(A) The worker approves child care with a weekly unit type when the client needs child care more than four hours each day and at least 15 days and no more than 23 days per month. The client can require care for any of the need factors shown at OAC 340:40-7-7.

(B) Child care is not approved with a weekly unit type when:

(i) the same child uses two different child care providers;

(ii) any of the care needed is part-time;

(iii) the need for child care is fewer than 15 days per month or more than 23 days per month; or

(iv) the child is using an in-home child care provider.

(C) See OAC 340:40-10-4 for more information about how authorizations approved with a weekly unit type are paid.

(5) The worker approves a blended unit type for children age four and older when care is needed Monday through Friday part‑time for the days school is in session and full-time for school holidays. The rate established by OKDHS for a blended unit type is higher than for a part-time unit type and lower than a full-time unit type. It is based on information from the Department of Education regarding the number of full-time and part-time days the child should need care. OKDHS has established two blended unit types, traditional and extended school year. The worker must determine which blended unit type is appropriate.

(A) The worker approves the traditional school year blended unit type when the child attends a school with a traditional nine-month school calendar.

(i) This unit type pays the blended rate from August 16 through May 15th of each year.

(ii) During the summer months, if the child continues to attend the same child care facility, the provider is paid the full-time daily rate with an absent day payment if applicable.

(iii) The IMS system continues to show 23 B during the summer but for payment purposes the electronic benefit transfer (EBT) system shows a weekly unit type.

(iv) If a weekly unit type is not appropriate for the summer because the child does not require full-time care at least 15 days and no more than 23 days per month, the worker changes the unit type to match the needs of the child or closes the authorization if care is not needed.

(B) The worker approves the extended school year blended unit type when the child attends school year around. Authorizations coded with the extended school year blended unit type receive the extended school year rate for the entire calendar year.

(C) A blended unit type is not appropriate when:

(i) the child requires more full-time care days in addition to school holidays during the school year;

(ii) the child does not need care for school holidays;

(iii) the child uses a different provider for school holidays;

(iv) the facility is not open on school holidays;

(v) only part-time care is needed;

(vi) more than one child care provider is needed for the child; or

(vii) the child qualifies for a special needs or in-home child care rate.

(6) Care may only be authorized at one facility per day per child. When the client advises the worker that he or she plans to use two different providers for the same child, the worker determines what days of the week care is needed at each provider. If care is needed on different days, the worker can authorize care at both providers. The total number of units or days authorized for both providers may not exceed the maximum that would be authorized if care were only needed at one provider. For example, the client wishes to use one provider three days per week and another provider two days per week. In this instance, the maximum number of days the worker approves care totals 23 days per month.

(7) A child care plan is normally not approved to cover an entire 24-hour calendar day. If, due to the nature of the parent or caretaker's work, he or she must leave the child in child care over 24 hours on an occasional basis, the worker may authorize care after receiving approval from the Family Support Services Division (FSSD) Child Care Subsidy Section.

5.   The purpose of discussing alternative care with the client is to help the client consider other possibilities to purchased care that might be more suitable for the child. If there is another adult living in the home who is not a spouse or a natural or adoptive parent of the child, he or she can refuse to care for the child. OAC 340:40-7-8(e) contains information on preventive or protective child care if the client does not want a spouse to care for the child.

6.  (a) Programs receiving federal grant funds, such as Head Start or Early Head Start, and public schools receiving state funds for education may receive subsidy funds only if offering extended day services.

(1) Extended day means care is provided beyond the hours covered by other state or federal funds. For example, if a Head Start program's hours are defined between 8:00 a.m. to 2:00 p.m. daily, the provider must also be open before or after these hours in order to qualify for a subsidy payment.

(2) Head Start, Early Head Start, kindergarten, or pre-kindergarten programs must only charge the Child Care Subsidy Program for the hours not covered by their federal grant or state funds.

(3) The worker may approve a full-time or part-time unit type depending on the parent's schedule and the number of subsidy hours needed.

(b) If there is a tribal child care program in the county for which the client might qualify, the worker asks the client if he or she is receiving subsidized child care benefits from the tribe.

(1) The client cannot receive benefits from both the tribe and OKDHS for the same service.

(2) When the client needs child care for different services, it is acceptable for the tribe to cover the cost of one service while OKDHS pays for the other service. An example of this would be when the client works and goes to school. If the tribe pays the cost of child care while the client works, the client could be approved for benefits through OKDHS for the hours he or she attends school.

(3) If the client chooses to receive OKDHS subsidized child care, the same rules governing other clients apply to this client as well.

(4) The child care provider may not file a claim with both OKDHS and the tribe for the same service.

7.   The worker may talk to the client about how to get a raise in pay at work or how to look for another job with better earning potential, how to increase the client's job skills, or discuss whether the client might be eligible for other money or benefits such as child support, Social Security benefits, Supplemental Security Income, unemployment benefits, or veteran's benefits. The worker refers the client to other agencies for help when appropriate. Possible referral sources include:

(1) the Oklahoma Employment Security Commission;

(2) Workforce Investment Act (WIA) contracted entity;

(3) Workforce Oklahoma Centers;

(4) the local technology center;

(5) community college;

(6) Social Security Administration; or

(7) the Department of Veterans Affairs.

8.   Helping a client plan in advance for emergencies when a child cannot go to child care may help a client keep a job. The worker brainstorms with the client for possible alternatives. These might include available relatives, friends, or neighbors or the client may discuss other alternatives with his or her employer.

9.   If the client chooses to use a provider that he or she is related to, the worker must check the "relative indicator" field on the Auth. Daycare tab in FACS.

10. See OAC 340:40-13-1 for information regarding out-of-home and in-home child care arrangements. Information the worker gives the client to help make this choice includes:

(1) the name and address of the area Child Care Resource and Referral agency for the county. This information is listed in the pamphlet, "Your Child Care Resource for Services and Information," OKDHS Pub. No. 98‑09;

(2) a list of contracted providers. The worker obtains a list by searching the Child Care Locator database available on the InfoNet under OKDHS Tools. The worker prints a list of all one plus, two, and three star child care centers and all child care homes that meet the client's search criteria. If there are no one plus, two, or three star centers in the community, the list includes the one star centers;

(3) how to request case summaries of potential providers from the Oklahoma Child Care Services (OCCS) licensing staff or how to make an appointment to look at the licensing files;

(4) explaining to the client that the "Star" status of a facility is an indicator that the facility meets additional quality criteria. The worker advises the client that care is not approved at a one star child care center unless there are no one plus, two, or three star centers in the community or the exception criteria described at OAC 340:40-5-1(7)(C)(viii) is met and the worker's supervisor or county director approves an exception. The client may choose a family child care home regardless of the star level. OAC 340:110-1-8.3 describes how a provider is certified for the different star levels.

(A) To be certified as a one star plus program, the provider must meet additional quality criteria that includes: additional training, reading to children daily, and parent involvement.

(B) To be certified as a two star program, the provider must be nationally accredited or meet the one star plus criteria, employ master teachers who meet additional educational requirements, and include program evaluation.

(C) To be certified as a three star program, the provider must meet all two star quality criteria and be nationally accredited;

(5) giving the client all or some of the pamphlets OCCS Licensing produces to help clients choose quality care. They are:

(A) "Reaching for the Stars," OKDHS Pub. No. 01-18;

(B) "Your Child Care Resource for Services and Information," OKDHS Pub. No. 98-09;

(C) "The Parent's Guide to Selecting Quality Child Care," OKDHS Pub. No. 87-91; and

(D) "Paying for Child Care Just Got Easier," OKDHS Pub. No. 02‑06; and

(6) encouraging the client to watch the video, "Choosing Quality Child Care."

11.The worker sends an e-mail to daycare@okdhs.org requesting approval to allow the client to choose a home in which the client also works during the hours his or her child is in care. The worker must include why the client is unable to use a different child care provider.

12. (a) A child receiving home schooling must receive this instruction from his or her own parent or caretaker except for the time a tutor might be hired.

(b) A child care provider cannot be approved to provide child care in order to home school someone else's child.

(c) The parent or caretaker cannot be approved for child care for a school age child during the hours public or private school is in session during work or school hours because he or she wants to home school his or her child during the evening.

(d) School age is defined as a child enrolled in the first through 12th grade.

(e) Exception: a provider can be approved to provide child care for a school age child with disabilities during the hours public or private school is in session if the child receives shortened day services from the local school system. Care can also be approved if a child is suspended or expelled from school and the school system verifies there is no other educational alternative available to the child.

13.The school break can be due to the parent's or the child's school schedule.

14.(a) Exceptions can be granted on a case-by-case basis by the supervisor or county director. Prior to granting an exception, the worker gives the parent or caretaker a list of contracted one plus, two, and three star centers and, if the client wants to use a child care home, all contracted child care homes that meet the client's search criteria. The client is not required to choose a one star plus, two star, or three star child care home before considering a one star center if the client states he or she does not want to use a child care home.

(1) If there are no one star plus, two, or three star centers in the community, the list includes one star centers and an exception is not required.

(2) The worker uses Child Care Locator, available on the InfoNet under OKDHS Tools, to generate this list.

(3) The worker instructs the parent or caretaker to contact all providers on the Child Care Locator list to see if care is available during the hours needed. The client notes on the list why care is not available at any of these locations or why they did not meet the client's needs.

(4) If the client does not find care from the providers on the list, the supervisor or county director reviews the client's notes on this list to determine whether to grant an exception. The supervisor or county director documents in FACS Case Notes whether an exception was granted and why.

(5) Exceptions may be granted when none of the providers on the client's list:

(A) have an opening during the times care is needed. For example, the client works during the evening or overnight and no one else provides care during those hours;

(B) are willing to meet the special needs of the child. For example, the other providers are unable to meet the needs of a child with disabilities or provide transportation to and from the child's school; or

(C) are within a reasonable distance from the parent or caretaker's home because of transportation issues.

(b) When the supervisor or county director agrees that an exception is warranted under (a) of this Instruction, the worker gives the parent or guardian a list of one star center providers. If the client then finds a one star center that meets the family's needs, care can be approved at that facility.

15.(a) In the Household tab in FACS, the worker chooses "social services" in the "benefit" field F24 and "added to benefit section" in the "status" field F25 to add only the child being approved for child care. All other household members are shown as "not included in benefit. Income and resources are considered in benefit computation" in the "status" field F25. The family share co-payment is calculated by the system based on information shown in the Household and Income tabs of FACS and the "number of children receiving child care" field E52 and is shown in the "Family Co-pay" field E53 in the Child Care tab. The system maps this family share co‑payment to the "co-pay" field K70 of the authorization section when a change action is entered in the Child Care tab. The family share co‑payment is never prorated.

(b) Children who are exempted from co-pay or have no income considered for the child care benefit and those who are not exempted must be authorized for child care in separate case records because the system does not correctly calculate the co-payment when care is authorized in the same case record. The worker must document in FACS Case Notes why two case records must be established and what income is being considered or excluded in each case. Examples of situations when this may occur are described in paragraphs (1) through (4).

(1) When a family requests child care for a child who receives Supplemental Security Income (SSI) and is predetermined eligible with a zero co-payment as defined at OAC 340:40-7-1 and for another child who is not exempt from co-payment, two separate cases are created so household income is not considered for the child receiving SSI.

(2) When a family requests child care for a child receiving Temporary Assistance for Needy Families (TANF) and for a sibling who is not receiving TANF, the child receiving TANF is approved in one case with a zero co-payment and household income is considered in the other case for the sibling.

(3) When an adoptive parent requests child care for a child who meets all five of the conditions described in OAC 340:40-7-12(6) and is eligible for a zero co-payment and for the child's sibling who does not meet these conditions, two case records must be established.

(4) When a client applies for child care benefits for a child for whom the client is not legally and financially responsible, the income of the client is not considered and the child will have a zero co-payment. When there are also children in the household that the client is legally and financially responsible for that require child care, their benefits must be authorized on a separate case as income is considered.

(c) The family share co-payment is assigned to one provider per case. When more than one provider is used by the family, the worker must determine which provider gives the most costly care to the family. The worker must use OKDHS Appendix C-4-B, Child Care Provider Rate Schedule, to determine the daily rate for each child based on that child's service plan. The worker adds up the monthly cost of care per child and then per provider. The worker assigns the family share co-payment to the provider giving the care that results in highest total cost.

(1) The worker chooses N for non-exempt in the "co-pay exempt" field K78 of the Auth. Daycare tab for each authorization approved for the provider giving the most costly care to the family.

(2) For all other providers, the worker chooses S for second provider in field K78 "co-pay exempt."

(3) The system maps the entire family share co-payment to each child's authorization where the "co-pay exempt" field is marked N and maps a zero co-payment to each authorization marked S in the "co-pay exempt" field.

(4) The authorization(s) for the non-exempt provider must be open on the system without edits before the worker enters the authorization(s) for the provider exempted from co-pay. If the worker tries to enter both authorizations at the same time, the authorization coded S in K78 edits as it cannot find an open authorization for another provider.

(d) If a child's authorization is closed or opened, the family share co-payment is recalculated by the system after the worker enters a change action in the Child Care tab and enters the correct number of children in the "children in daycare" field E52. The system maps the family share co-payment to each open authorization and generates a notice to the client. See OAC 340:40-9-2(b) and Instructions to Staff (ITS) 4 for more information about adding children and OAC 340:40-9-2(c) and ITS 5(a)(2) for more information about removing children.

(e) The entire monthly family share co-payment appears on the tape from the point-of-service (POS) machine each time the client swipes attendance at the child care facility. The only time the amount of co-pay showing on the tape changes is when the worker reduces the family share co-payment for that month.

(f) When a child is removed from licensed child care, the worker assesses whether that child's current care arrangement places the child at risk of abuse, neglect, or exploitation. A referral is made to Child Welfare (CW) if appropriate.

(g) See OAC 340:40-7-11(c)(5) for information on handling court-ordered child care payments.

(h) See OAC 340:40-9-2(e) for information regarding calculation of the family share co-payment when the client changes child care providers.

16. Each HSC has a list of community resources that can be given to a client to help meet social services needs. The worker checks to ensure the identified agency can help before sending the client to that agency. When information is requested to prevent domestic violence or child abuse, the worker determines whether to complete a referral to CW on Form 08MP013E, Information/Referral – Social Services. If questions arise that the worker is unsure how to handle regarding this or any other social service needs mentioned by a client, the worker seeks the help of his or her supervisor, if available, or other HSC staff.

17. The applicant may request a fair hearing because of actions taken on a child care request as well as a child care application.

18. There are providers who require that all children be in attendance by a certain time every morning, for instance 9:00 a.m., regardless of the client's work or school schedule. Reasons given by the provider may include limiting disruptions to program content, so all children can participate fully in the quality content of the child care program, or to reduce transportation costs for the provider. If based on the client's work or school schedule care is not needed until 11:00 a.m., the client swipes attendance by entering a previous in for 11:00 a.m. on the point-of-service (POS) machine when the child is picked up at the end of the day. The provider must not charge the client for the additional two hours of care. If the client chooses to drop the child off at the child care provider earlier than the approved plan of service hours or leaves the child later for personal reasons, the provider can charge the client for those additional hours.

19. The worker emphasizes to the client the importance of checking for an approval message on the POS machine and to report any pending or denied messages to his or her worker immediately. The video the client must watch emphasizes this responsibility. See OKDHS Appendix C-4-B for information about weekly unit types and absent day payments. See OAC 340:40-10 for more information about EBT.

20. See OAC 340:40-13-5(g) for a list of contract violations by a provider.

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