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340:75-6-91. Child care services for Child Welfare (CW) clients

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Revised 6-27-02

(a) Preventive child care services. Preventive child care services are provided to families whose child is at risk for removal due to abuse and neglect issues and to families who are in the process of reunification. • 1 This enables the child to be in a protective environment for a specified number of hours per day and days per week. Child care may be used on a regular basis or, if the child care provider is agreeable, on a drop-in basis. The family is not required to establish financial eligibility as preventive child care can be provided for income eligible or non-income eligible families. Preventive child care services are made available to CW families if one of the four conditions described in (1) - (4) of this subsection is present.

(1) Temporary and severe stress exists where the child is at risk for abuse and neglect and respite would assist in resolving the stress.
(2) Parents' participation in their treatment plan results in assistance needed with child care.
(3) The child is in need of an opportunity to increase social and developmental skills.
(4) There is evidence that the family is so burdened by debt that the additional financial pressure of paying for child care results in further deterioration of the family stability and functioning.

(b) Child care services for employment, education, and training. • 2 CW clients who need child care for education, training or employment meet the same eligibility requirements as any other client requesting DHS child care services. [OAC 340:40-7-1] Clients are not eligible for preventive child care if the reason for child care is employment, education or training.

(c) Child care services for a child with disabilities. A child with disabilities is defined as a child receiving Supplemental Security Income (SSI), SoonerStart early intervention services, or special education services provided in accordance with an Individualized Education Plan (IEP) by the local school district. 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. A child with disabilities is potentially eligible for the higher special needs rate for child care. [OAC 340:40-7-8(h)(1)] Every child with disabilities requires a separate and specific certification of the child care provider. • 3

(d) Overpayment of child care. The Department seeks repayment for any child care that has been received or paid for in error. [OAC 340:40-15-1] • 4

INSTRUCTIONS TO STAFF 340:75-6-91

ITS only revised 5-11-06

1. Preventive child care services.

(1) Responsibility for opening preventive child care services for Child Welfare (CW) clients. The child's CW worker establishes preventive child care services for CW clients. Before Oklahoma Department of Human Services purchased child care service is established, the worker explores with the applicant possible alternatives, per OAC 340:40-5-1(c). The CW worker follows the application procedure per OAC 340:40-3-1.
- (A) The CW worker and supervisor determine the amount and length of time child care will be provided based on the needs of the family and include this information in the treatment plan.
- (B) If a child care provider has not been chosen, the CW worker provides the client with information to help in making the choice, per OAC 340:40-5-1.
- (C) If the client wants to use an in-home care provider, the CW worker is responsible for the approval of the provider, per OAC 340:40-13-1 and 340:40-13-2.
- (D) Documentation of the child care authorization, need for child care, and approval are completed in KIDS Child Care screen within 30 days of the determination of the need for child care. Changes to the child care authorization are made within ten days from the time the CW worker is made aware of the need, per OAC 340:40-9-2.
- (E) If multiple counties are assigned to the case, the child's CW worker notifies all assigned CW workers and supervisors no later than ten calendar days after authorization of the preventive child care service.
(2) Preventive child care approval and extension. The provision of preventive child care requires approval of the CW supervisor. Preventive child care is authorized for 30 days and may be extended for an additional 30 days. Child care approval beyond 60 calendar days requires review by the CW field liaison (CWFL). Review of the extension of child care beyond the 60 calendar day limit by the CWFL is documented in KIDS Contacts screen.
- (A) Instructions for entering child care in KIDS. Refer to the Child Care How To in KIDS/Help/How To's.
- (B) Child care in a one star center. Refer to OAC 340:40-5-1 and OAC 340:75-7-65 Instructions to Staff.

2. Foster care child care. The child's CW worker authorizes child care for paid or non-paid kinship, regular foster care, and contract foster care providers, per OAC 340:75-7-65. Child care for required training is not authorized. The foster parent is not referred to Family Support Services to apply for child care services.

3. Special needs certification. The CW worker assists the parent(s) in completing Form ADM-123 (new form number 08AD006E), Certification for Special Needs Child Care Rate, to request special needs child care, per OAC 340:40-7-8.

(1) The child care provider, with the exception of an in-home provider, is approved by Division of Child Care Licensing Services for the special needs certification for the specific child.
(2) When the certification process is complete, the licensing worker notifies the CW worker. The CW worker then completes Form ADM-123-A (new form number 08AD007E), Scoring Sheet for Special Needs Rate Determination, to determine whether to approve the child for the severe or moderate special needs rate or to continue services at the applicable daily or weekly rate.
(3) A copy of completed Form ADM-123 (new form number 08AD006E) is given or mailed to the child care provider, client, and licensing specialist for their records and a copy is filed in the CW paper case record.

4. Reporting an overpayment. When the CW worker discovers that child care has been received or paid for in error, the worker writes a memo to Family Support Services Division Overpayment Section. If electronic benefit transfer (EBT) is in place, the memo is sent to Finance Division, and includes:

(1) case name and case number;
(2) name and date of birth of each child who received care;
(3) summary of the circumstances that led to the potential overpayment including the original and new family share co-payment amounts, if applicable;
(4) time period covered by the overpayment; and
(5) whether the overpayment was caused by agency, client, or provider error.

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