OKDHS - OAC 340:40-7-3.1. Child with disabilities

340:40-7-3.1. Child with disabilities

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Revised 6-1-11

(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. • 1 This 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). • 2 When a child with disabilities is 13 years of age or older, 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 at review. If the licensed health care professional states that 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 daily rate paid for a typical child. If 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 that 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 process includes:

(1) the parent or caretaker must provide proof that the child meets the definition of a child with disabilities and information about the child's care needs.
- (A) For a child under three 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 parent or guardian, the child care provider, Oklahoma Child Care Services (OCCS) licensing staff, and the Family Support Services Division (FSSD) Child Care Subsidy staff or Child Welfare (CW) worker completes the appropriate sections of Form 08AD006E, Special Needs Child Care Rate Certification. • 3 Determination of whether certification requirements are met by the:
- (A) child are made by the FSSD Child Care Subsidy staff or CW worker • 4; and
- (B) provider are made by the OCCS licensing specialist. • 5
(3) The FSSD Child Care Subsidy staff 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. • 6
(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. • 7
(5) Once Form 08AD006E has been completed and the FSSD Child Care Subsidy staff or CW worker determines the child is eligible for one of the special need rates, a new Form 08AD006E is only completed when:
- (A) the needs of the child 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 a on-site consultation within the parameters of the corrective action agreed upon with licensing staff; or • 8
- (E) it is determined by OCCS licensing staff that the provider no longer meets the child's need. • 8

(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 6-1-11

1. (a) The client must provide proof the child is receiving services based on special needs criteria from at least one of these sources before the child is considered a child with disabilities. The worker sends a copy to the Family Support Services Division (FSSD) Child Care Subsidy Section or 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 Supplemental Security Income (SSI) to be 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.

2. The client must provide 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 special needs approval process may be initiated by the child's Family Support Services (FSS) worker, Child Welfare (CW) worker, FSSD 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, to either the client or the child care provider. The client, the provider, and Oklahoma Department of Human Services (OKDHS) staff follow instructions on Form 08AD006E to complete the process.

4. The CW worker or FSSD 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 information is inconsistent and:

(1) the CW worker is making this comparison, the CW worker further consults with the parent or caretaker and the professional who signed the document for further clarification.

(2) FSSD 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. FSSD Child Care Subsidy staff enters the information gathered in FACS case notes and sends an e-mail or phones the FSS worker to advise him or her of approval or denial.

5. Per OAC 340:110-1-9.1, OCCS licensing staff monitors the facility's ability to meet the child's needs each time a visit is made to that facility.

6. Before scoring Form 08AD006E, the CW worker or FSSD Child Care Subsidy Section staff ensure that any inconsistencies on the form have been resolved or the parent or caretaker's answers have been adjusted.

(1) Form 08AD006E is sent to the parent or caretaker, the provider, the FSS worker, and OCCS licensing staff for their records, whether or not certification requirements are met.

(2) When certification requirements are not met and the parent or caretaker still wishes to use the facility, the child remains eligible at the applicable daily, blended, or weekly unit type for that child's age.

7. (a) If 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 is an Americans with Disabilities Act (ADA) violation. If the provider continues to refuse, the worker completes Form 14CR001E, Discrimination Complaint Form ‑ Client or Vendor, and sends it to the OKDHS Office for Civil Rights.

(b) When the child starts child care before the special needs rate is approved, the FSS or CW worker initially authorizes care using a typical unit type for that child.

(c) If the higher rate is approved, FSSD Child Care Subsidy staff changes the coding on the authorization for FSS cases and enters documentation in FACS case notes. CW staff enters the special needs unit type on the authorization on the KIDS system if the higher rate is approved.

8. Once the OCCS licensing specialist advises FSSD Child Care Subsidy staff that the provider failed to meet requirements or no longer meets the child's needs, FSSD Child Care Subsidy staff change the coding to the typical unit type on the authorization for FSS cases and enter documentation in FACS case notes. FSSD Child Care Subsidy staff notifies the KIDS Help Desk to change the authorization for a CW case.

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