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340:40-9-3. Notices regarding child care eligibility

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Revised 6-1-07

(a) Computer-generated notice required. A computer-generated notice is sent to inform the client of any:

(1) initial eligibility decision; • 1
(2) decision regarding continued eligibility if a change occurs that increases or decreases the level of subsidized child care benefits; • 2
(3) decision to terminate subsidized child care benefits; and • 2
(4) decision to reopen subsidized child care benefits. • 1

(b) Form 08MP037E, Notice Regarding Social Services, required. The worker must send Form 08MP037E when the system does not provide a notice. The worker also sends Form 08MP037E to notify the client and provider when any additional co-payment is being paid by someone other than the client directly to the provider or is being discounted by the child care provider for an employee. • 3

(d) Returned notices. When a notice of a proposed case action is returned, the worker makes at least one attempt to locate the client. • 4

(e) Advanced notice required. Advanced notice is required on case actions that decrease or terminate the level of child care services when such services are still needed by the client. • 5

(f) Advance notice not required. Advance notice is not required on case actions that increase the level of child care services or when child care services are no longer being used. • 6

INSTRUCTIONS TO STAFF 340:40-9-3

Revised 6-1-07

1.   The worker updates the Family Assistance/Client Services (FACS) Eligibility Notebook under the Auth. Daycare tab to computer-generate a notice to the client and the child care provider of the approval, denial, or reopen action. Providers receive one consolidated notice showing all actions taken on a specific day for all children at their facility. The system only sends a child care provider a computer-generated notice denying child care benefits when the name of the child care provider is known and entered in the authorization at the time the denial action is taken.

2.   See OAC 340:40-9-2 for changes that increase or decrease the level of subsidized child care benefits. The worker updates the FACS Eligibility Notebook, Auth. Daycare tab to computer-generate a notice to the client and the child care provider of these changes. The system does not send a notice on change actions that do not affect the benefit level or family share co-payment amount.

3.   (a) Form 08MP037E, Notice Regarding Social Services, is sent by the worker when:

(1) the client dies. Form 08MP037E is sent to the person who assumes responsibility for the client's affairs. The worker also contacts the child care provider;

(2) there is a delay in decision on an initial application beyond two working days of the worker receiving all necessary verification to determine eligibility. Form 08MP037E explains the reason for delay;

(3) the client requests the higher special needs rate and it is not approved. The worker sends 08MP037E to both the client and provider;

(4) the system fails to send a computer-generated notice and one is needed. The worker sends Form 08MP037E to both the client and provider; or

(5) the client's case closes due to Form 08MP004E, Benefit Review Report, not being returned. The client provides the form and needed verification within 30 days but the verification shows the client is no longer eligible for child care benefits. The worker sends Form 08MP037E to notify the client the reason benefits are not being reopened.

(b) See OAC 340:40-7-11(c)(5) and Instruction to Staff 15 for more information on when to send Form 08MP037E because an additional co-payment is being paid.

4.   Attempts to locate the client are documented in the case record or in FACS Case Notes. If the client is located within 30 days, he or she is given another opportunity to provide required information without reapplying.

5.   This time period allows time for planning with the client and for notifying the child care provider of these changes before they take place. Refer to OKDHS Appendix B-2, Deadlines for Case Actions, for negative action deadline schedules for child care changes and closure actions. The recipient has 30 days following receipt of the notice to appeal the decision. If the client appeals the decision within ten calendar days, the worker reinstates the child care benefits at the prior level when requested by the client pending the outcome of the hearing. Case actions that require advance notice include:

(1) non-cooperation from the client in providing verification and completing a scheduled interview;

(2) increasing the family share co-payment;

(3) decreasing the days and hours child care is needed or closing child care services when there is less or no compensable need and the client continues to use child care;

(4) when a client is no longer eligible for subsidized child care because of countable income;

(5) a change in payee; and

(6) failure to return the computer-generated Form 08MP004E or required verification timely for benefit reporters.

6.   Refer to OKDHS Appendix B-2 for non-negative action deadline dates if applicable. Also see OAC 340:40-9-2 for possible alternative dates. Case actions that do not require advance notice include:

(1) decreasing the family share co-payment;

(2) increasing the days and hours child care is needed;

(3) the client requesting closure of the child care benefit, reduction in the number of days child care is needed, or a change between care authorized on a part-time, full-time, blended, or weekly basis;

(4) a client voluntarily waiving his or her right to an advanced notice in writing;

(5) closing a child's child care benefits because he or she reaches the maximum allowable age; [OAC 340:40-7-3] and

(6) a change in child care provider.

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