Revised 6-1-09

1.   (a) Some clients work at jobs where they are paid at least minimum wage, but the Oklahoma Department of Human Services (OKDHS) does not count the income.  This is because the income comes from exempt sources such as work study or Workforce Investment Act (WIA) income per OAC 340:40-7-12.  The client still meets the employment need factor even though the income is not counted.

(b) Some clients work at jobs where they are not guaranteed any wage.  Examples include working for commission only or being self-employed.  In these situations the worker does not approve more than 30 days of care until the client brings in proof he or she has made some income from this employment.

(c) Bartering for services in exchange for work performed does not meet the definition of need because of employment.  Examples of bartering include working in exchange for payment of rent, utilities, or a car payment.

(d) Gambling does not meet the definition of need because of self-employment.

2.   (a) Proof can be a copy of the work schedule showing the client's name and the name of the business or a signed statement from the employer.  A written statement is preferable, but if this is unavailable, the worker can also confirm the client's work hours over the telephone with the employer.  The worker must document how work hours were verified in the Family Assistance/Client Services (FACS) Case Notes.

(b) If part of the client's work duties involves staying overnight away from home or working split shifts, the worker uses his or her judgment to determine how much care is reasonable to approve.

(c) When the client first starts working, the worker approves the maximum number of days and hours the client could work.  For instance, an employer statement might say the client works three to five days per week.  The worker initially approves 23 days per month of care.  The worker reevaluates the amount of care approved when actual pay is requested at 90 days per OAC 340:40-7-13.  Care may be reduced or increased depending on how many days and hours the client actually worked during that period.

(d) If the client has been employed for at least 30 calendar days, the worker evaluates the actual number of days and hours the client worked to determine how much care to approve, unless there is reason to expect the work schedule to change.  The worker documents in the Child Care tab and FACS Case Notes of how he or she determined the care plan approved.

(e) Clients who have the flexibility to set their own work hours are most often self-employed.  When the client is self-employed, the worker can accept his or her statement regarding work hours as long as it appears reasonable and meets the minimum wage requirement shown in OAC 340:40-7-8(a)(3).  If the children are attending school or Head Start, in most instances, it is usually reasonable to expect the client to be working during those hours.  If it is not reasonable, FACS Case Notes must clearly document why.  When child care is requested in two-parent or two-caretaker families for self-employment, care must be taken to determine whether self-employment work hours could be adjusted to reduce or eliminate the need for child care.  For instance, could they each work a different schedule?

3.   (a) The worker uses his or her judgment to decide how many hours of care to initially approve after counseling with the client on how he or she plans to increase his or her income to at least minimum wage.

(b) Counseling may include:

(1) helping the client determine whether this is the best field of employment;

(2) referring the client to the Oklahoma Employment Security Commission (OESC) for help in locating other employment;

(3) helping the client develop an action plan to increase income from the enterprise;

(4) referring the client to a local resource that helps with small business planning.  Most technology centers offer this type of service; or

(5) referring the client to the Oklahoma Department of Labor (ODOL) to file a complaint if his or her employer is not paying minimum wage.

(c) If the client has been employed in the same business for at least one year without any substantial changes and is not making at least minimum wage, child care is denied or closed.  When substantial changes occur, including illness, change in business location, or unforeseen circumstances, send an e-mail to daycare@OKDHS.org for guidance.

(d) The worker and client decide jointly what strategy to use to increase the client's income and by what date this plan can be accomplished or progress made.  If the client does not cooperate in either making an action plan to increase income or in following through with the plan he or she agreed to try, child care for this employment enterprise can be reduced or terminated.  The worker consults with his or her supervisor before taking such action.

(e) The worker clearly documents in FACS Case Notes how he or she initially determined the child care plan hours, what strategy the client agreed to follow to increase income during counseling, and why any subsequent changes are made to the child care plan.

4.   (a) When the client works from home, the worker must determine how flexible the client's work hours are and whether other options are available instead of subsidized child care benefits.  Child care is not approved if  the client is able to do the work while the child is in the home or the child is school age and the work can be done while the child is at school.  The worker documents all details of the client's situation and what decision was made in FACS Case Notes.

(b) When the client is operating a child care home, the worker only approves child care in an out-of-home child care home or center if the client's own child places him or her over maximum licensed capacity.

(1) A family child care home provides care for seven or fewer children.

(2) Large family child care homes provide care for eight to 12 children.

(3) The provider's own children younger than five years of age counts toward licensed capacity.

(4) The worker consults with Oklahoma Child Care Services (OCCS) licensing staff to establish whether a client, who is a child care provider, will be over capacity if his or her own child remains in the home and documents this discussion in FACS Case Notes.  See OAC 340:110-3-84 and 340:110-3-97.1 for licensing guidelines. 

5.   (a) Sleep time child care is approved for working families only.  Care cannot be approved for two-parent or two-caretaker families in order for one parent to go to school during the day.

(b) The goal of this policy is to allow a parent or caretaker to get seven to eight hours of sleep.  The maximum care is not approved when the client has the opportunity to sleep during some of the child's sleep hours.  For example, when a parent or caretaker's schedule is from 10:00 p.m. to 4:00 a.m., eight hours of care is not approved since the parent or caretaker can sleep for three to four hours before the child wakes up.

6.   (a) Job search is approved for recipients who have received a child care benefit for at least 30 calendar days in order to ensure that the services of the child care provider are not lost and continuity of care for the child is provided while the parent or caretaker attempts to locate a job.  Care is only continued when the child remains at the same child care facility for the entire 30 calendar days job search is approved.  If the client wishes to change child care providers, care by a different provider is not approved to job search.

(b) To approve a client to job search, the worker closes the current authorization using the reason code "30 day job search time frame has ended."  The end date entered on the authorization is 30 calendar days from the time the client lost employment or successfully completed a formal education or training program.

(c) The worker makes changes as needed to the income shown for the family and to the family share co-payment prior to closing the authorization.  No change is made to the days and hours of care.

(d) If the client obtains a job during the time frame job search was approved and requires more care, the worker contacts the Family Support Services Division (FSSD) Child Care Subsidy Section to ask that a change be made to the authorization because the worker cannot make a change to a closed authorization.

(e) If an authorization is closed because job search has ended, it cannot be reopened when the client meets another need factor.  The client must complete a new application based on new circumstances before further child care is approved.

(f) If the authorization is closed on another reason code prior to offering child care to search for a job, it can be reopened to cover this 30 calendar day period.  The authorization is then closed using the reason code "30 day job search time frame has ended."

(g) When the client does not report the loss of employment or completion of a formal education or training program within ten calendar days but continues to use child care, the worker asks the client whether he or she is searching for a job.

(1) When the client is searching for a job, the worker closes the authorization effective the date job search would have ended if the client had notified the worker timely or effective ten calendar days from the date the worker takes action, whichever date is greater.

(2) When the client does not plan to job search, the worker closes the authorization effective ten calendar days from the date the worker takes action.

(3) If the client uses care beyond the time frame that the client could have been approved to job search, the worker sends an overpayment memo to the FSSD Benefit Integrity and Recovery Section per OAC 340:40-15-1.

7.   (a) If the client receives Temporary Assistance for Needy Families (TANF) and the training is approved as a TANF Work activity in accordance with OAC 340:10-2-1, child care can be approved.

(b) If the client is participating in a TANF Special Project but isn't receiving TANF benefits, the Special Project must meet the requirements for an approved training program.  If the Special Project does not meet the requirements, it does not meet a need factor for child care assistance.

(c) Examples of questionable programs could be programs for nurse's aides, data entry clerks, or cashiers.  If the worker questions whether a particular training program will make a person more employable, he or she can:

(1) check with employers in the area that employ people with this skill to see if they require such a certificate, accreditation, or license.  If they don't require one, but would pay more if the person had this credential, the worker approves child care for this training;

(2) call a WIA counselor or an OESC employee to see if there are general training requirements prior to a person becoming employed in this field; or

(3) require that the client provide documentation to show how this training program can help the client become more employable.

(d) On-the-job training and apprenticeship programs pay participants at least minimum wage for their work/training hours so care for this reason can be approved under the employment need factor.

8.   If the client is not receiving financial aid and the school is not known by the worker to be eligible to disburse federal or state educational funds, the worker calls the school for confirmation.

9.   (a) The worker verifies what days and hours the client attends school by obtaining a copy of the client's training or class schedule, other documentation from the school showing the client's schedule, or by calling and verifying the schedule with school officials.  Child care is limited to actual classroom attendance, including travel time.

(b) Child care may also be approved for activities outside of the classroom required to pass the course such as internship and practicum placements, volunteer hours required to pass a specific class, or other required activities.

(c) If the client is required to attend a lab in order to pass a specific class, an instructor must be present during the lab or child care is not approved for those hours.  Hours spent by a student in a computer lab on an as needed basis to complete homework assignments are not approved even if a school official is present to help with technical difficulties regarding the equipment.

(d) When there are gaps in class times, the worker may approve child care beginning with the first class of the day through the last class of the day.  Additional study time is never approved unless it is an approved TANF Work activity.  See 340:40-7-8(d).

10. Child care can only be approved for televised courses if the client must view the training during the broadcast because class participation is required.  If the client can view the video of the broadcast whenever it is convenient, care is not approved for those hours.

11. The worker sets a reminder to check on the client's school status if the client's care needs are expected to change or he or she is expected to graduate prior to an annual review.  If the client states he or she is still attending school, the client must provide a statement from the school verifying that he or she is making satisfactory progress, the reason he or she has not finished the program, and a current class schedule.

12. The intent of the work requirement is for the client to gain work experience and to make use of the training he or she has already received.  If special circumstances exist that make this requirement unreasonable, the worker may send an e-mail to the Family Support Services Division (FSSD) Child Care Subsidy Section staff at daycare@okdhs.org requesting special approval.  If the request is granted, the worker documents the special circumstances in FACS Case Notes.

13. The goal is for the client to complete the program as quickly as possible.  Once the client has completed one session of classes, it is expected that the school can project how much longer classes are needed.

14. Child care is limited to the days and hours needed to complete the TANF Work activity plus travel time.

15. This provision helps ensure continuity of care with the same child care provider so a person can continue the employment process.

16. The worker approves subsidized child care benefits before expecting the applicant to begin job search.  The worker assists the applicant in selecting a licensed, contracted facility.  Upon selection of a facility, the authorization is entered into the system in the FACS Eligibility Notebook under the Auth. Daycare tab showing a reason, "for caretaker to search for employment," and a beginning and ending date for the authorization using fields K45 and K47.  The ending date is no more than 30 calendar days from the date of request and is approved for a maximum of 20 full-time days.  If the client requests a change of provider during this 30 calendar day period, the worker only approves child care for the number of days remaining in the 30 calendar day period.

17. (a) When the Child Welfare (CW) worker considers the family at risk for child abuse and neglect, but the family is not court involved, the CW worker contracts for Comprehensive Home-Based Services (CHBS) with the Oklahoma Children's Services (OCS).  When CW is not maintaining an open CW case, the FSSD worker completes the application for subsidized protective or preventive child care benefits.  The CHBS case manager assists the family in applying for subsidized child care benefits.  If approved, families receiving CHBS services are approved with a zero family share co-payment.  To verify the need for child care, the CHBS case manager provides a written statement to the FSSD worker indicating:

(1) the names and ages of the children for whom child care is needed;

(2) why child care is needed and how it can eliminate or reduce the risk to the children;

(3) what days and hours child care is needed; and

(4) how long the child care is expected to be needed.

(b) If more than 30 calendar days of care is needed, the FSSD worker completes a short memo requesting that the protective or preventive child care benefits continue to be approved.  The worker attaches this memo to the statement provided by the CHBS case manager and sends them to the FSSD Child Care Subsidy Section.

(c) In the FACS Eligibility Notebook under the Auth. Daycare tab, enter reason, "prevention of or protection from abuse, neglect, or exploitation," on the authorization.

18. The professional must be someone currently working with the family in a professional capacity to improve the family's stability or functioning.  Examples may include a doctor, counselor, therapist, CW specialist, SoonerStart worker, or CHBS case manager.

19. (a) The worker documents in the memo why he or she is requesting that a family's normal family share co-payment be reduced or eliminated and how the family plans to increase its responsibility toward paying the family share co-payment in the future.

(b) Families for whom protective or preventive child care is requested by a CHBS case manager, are approved with a zero co-payment.

(c) If the family is receiving other FSSD benefits and income is considered for those other benefits, the worker diverts the income in the Child Care tab of FACS, "total diverted income" field E47.

20. The worker might help the client develop a budget that decreases the debt or refer the client to Consumer Credit Counseling or another local resource for help.  This plan is included in the memo.

21. (a) The worker sends a memo to FSSD Child Care Subsidy Section requesting an extension.  The worker attaches to the memo any verification supporting the need for child care.  For most protective or preventive extension requests, the memo must include:

(1) names and ages of all children for whom child care is needed;

(2) an explanation of the reason child care is needed, the circumstances leading to the conclusion the child is at risk of neglect, abuse, or exploitation, and how child care can eliminate or substantially reduce risk to the child;

(3) an explanation of whether a CW referral was made and, if not, the reason, as well as any coordination efforts between FSSD, CW staff, and any other community partners;

(4) the days and hours child care is requested for each child;

(5) an explanation of the support system available to the family;

(6) an explanation of the exploration of any free alternative to child care.  Examples include the availability of other family members, Head Start, and Mother's Day Out programs;

(7) the length of time child care is needed;

(8) an explanation of what, if any, family share co-payment the family is expected to contribute.  If the family share co-payment is reduced or completely waived because of family expenses, an explanation of the plan to decrease the debt is included in the memo; and

(9) the worker's opinion about the need for child care.

(b) FSSD Child Care Subsidy Section staff typically approve protective or preventive requests for no more than six months at a time.  When an extension is requested beyond the original time frame approved by FSSD, the worker sends a new memo that includes more detail to show what efforts are being made to reduce or eliminate the need for protective or preventive child care.

(c) In the FACS Eligibility Notebook under the Auth. Daycare tab enter reason, "prevention of or protection from abuse, neglect, or exploitation," on the authorization.

22. Enrichment child care is not approved if the parent or caretaker meets another need factor.

23. (a) The worker sends or faxes a memo and a copy of the written documentation provided by the client from a professional who is working directly with the child to the Family Support Services Division (FSSD) Child Care Subsidy Section for approval.  The memo includes:

(1) why enrichment child care is recommended for the child;

(2) whether the child has available another way to become socialized such as participation in a play group with other children, special education services through the local school system, Early Head Start, or Head Start;

(3) the name of the child care facility the child plans to attend.

(b) FSSD Child Care Subsidy Section staff reviews the memo and documentation and sends a memo or e-mail to the worker stating whether care is approved or denied.  If approved, care is authorized for no more than six months at a time.

(c) The worker enters the approval or denial in the FACS Eligibility Notebook, Auth. Daycare tab.  The worker enters as the reason "enrichment, supervision, training, or to avoid institutionalization."

(d) See OAC 340:40-7-3.1 for information about the approval process for the higher special needs rate unit type.