(a) Purpose. In-home child care is defined as care
given to a child by a relative coming into the child's own home. A parent may choose an in-home provider when
an out-of-home provider is available.
The purpose of standards for in-home care is to help ensure the safety
of children cared for in their own home when the usual, responsible adult is
temporarily absent due to employment, training, illness, or other valid
of caregiver. The caregiver:
(1) must be related to the child. Related to means an aunt, uncle, grandparent,
great grandparent, or sibling not living in the home;
(2) must be at least 18 years of age;
(3) demonstrates the vitality and
flexibility needed to care for children as well as the ability to exercise good
judgment and appropriate authority; • 1
(4) may not be a member of the child's household;
(5) may only care for the child of one
family at a time. • 2 The provider may provide care
to more than one family as long as the hours do not overlap and the child of
each family is cared for in his or her own home; and
(6) must not be under the effects of
alcohol, illegal drugs, or medication that impairs functioning when caring for
prior to approval of the caregiver for subsidy payment. After a caregiver is selected, requirements
in (1) through (3) of this subsection must be met before the caregiver may be
approved as an in-home provider.
(1) The client and caregiver must complete
and sign forms described in (A) through (C).
(A) Form 08CC003E, In-Home Mutual Agreement
and Notification to Provide Child Care Services, notifies the caregiver of the
eligibility and child care plan for the child requiring care and the intent of
the parent or caretaker to receive care from the caregiver. Once approved, it also serves as the in-home
provider's authorization to bill the Oklahoma Department of Human Services
(DHS) for services provided on or after approval.
(B) Form 08CC004E, Mutual Agreement
Regarding the Plan of Care, serves as a basis for discussion between the parent
or caretaker and the in-home provider of the plan of care for the child, duties
of the in-home provider, how to handle emergencies, and the family rules.
(C) Form 08CC005E, In-Home Provider Health
and Safety Checklist, serves as a basis for discussion between the parent or
caretaker and the in-home provider of adequate safety precautions and possible
safety hazards in the child's home. • 3 The parent or caretaker is
also responsible for informing the provider of known risks of a contagious
condition of one or more persons in the household. The disclosure allows for training in the
universal precautions against exposure. • 4
(2) The caregiver must provide photo
identification and a copy of his or her Social Security card.
The caregiver must provide proof of the results of an Oklahoma State
Bureau of Investigation (OSBI) criminal history investigation as described in
(A) of this paragraph and not be guilty of crimes or enter a plea of guilty or
nolo contendere, no contest, to crimes described in (B) of this paragraph.
(A) Criminal history investigations:
(i) are required and must be provided by
each caregiver and substitute caregiver, prior to caring for children; • 5
(ii) are not required for persons who have
documentation of a criminal history investigation within the last 12 months;
(iii) must be obtained from:
(I) the Oklahoma State Bureau of Investigation
(II) the authorized agency in the previous
state of residence when the individual has resided in Oklahoma less than one
(iv) must include a search of the Oklahoma
Department of Corrections files
maintained by OSBI per the Sex Offenders Registration Act; and
(v) must include a computer check completed by the worker using the
Social Security number of the potential caregiver. When a Child Welfare Services (CWS) case
number appears, the worker consults with CWS staff to determine if concerns
exist about the potential in-home provider's ability to care for children. • 6
(B) When a caregiver's criminal history
report includes a conviction of fiscal mismanagement, such as embezzlement or
fraud, or repeated convictions that indicate a pattern of criminal activity the
in-home provider is not approved.
Persons who are convicted of or enter a plea of guilty or nolo
contendere, no contest, to certain crimes are not approved to care for children
or be substitute caregivers. These
(i) violence against a person;
(ii) child abuse or neglect;
(iii) possession, sale, or distribution of
(iv) sexual misconduct; or
(v) gross irresponsibility or disregard for
the safety of others.
(4) After requirements described in (1)
through (3) of this subsection are met, the worker scans the supporting
documentation into imaging and sends an email to Adult and Family Services
(AFS) Child Care Subsidy requesting approval.
(A) When the chosen caregiver is approved
as an in-home provider, the approval is valid for a maximum of one year from
the date AFS Child Care Subsidy staff signs Form 08CC003E. This form must be renewed annually. • 8 When approved, AFS Child Care Subsidy staff
mails the in-home provider a copy of Form 08CC003E advising the in-home
provider of the assigned contract number.
(B) When the chosen caregiver is not
approved as an in-home provider, AFS Child Care Subsidy staff sends a letter to
the caregiver advising of the denial.
The worker sends Form 08MP038E, Client Notice of Action Taken, to the
client informing him or her of the denial of benefits and need to choose
(5) The caregiver must be currently
certified in first aid and infant and child cardiopulmonary resuscitation (CPR)
from a DHS-approved source.
of the caregiver. The caregiver:
(1) provides adequate care and supervision
of children at all times, including frequent observations of children in cribs
or playpens. The caregiver must arrange
to have a competent adult provide consistent supervision during his or her
absence from the home;
(2) is responsible only for children
specified on Form 08CC003E;
(3) is aware of adequate safety precautions
and takes action to correct hazards to children's safety, both indoors and outdoors;
(4) provides opportunities for learning,
indoor and outdoor play, rest periods, and meals. The caregiver ensures the use of television
is age-appropriate and suitable for children;
(5) gives understanding, consistent, and
loving guidance. Discipline is
constructive and educational in nature and appropriate to the child's age and
circumstances. Loud, profane, and
abusive language, corporal punishment, or any technique that is either
humiliating or frightening to children is not used. Discipline is not associated with rest,
toilet training, or loss of food;
(6) seeks emergency medical attention in
case of sudden illness or accident. The
parent or guardian stipulates who is called in case of an emergency by entering
this information on Form 07LC038E, Child Information. The caregiver has emergency phone numbers
readily available at all times.
Emergency phone numbers include 911, the fire department, police
department, ambulance service, and physician or clinic;
(7) prepares and serves food. The child's family provides the food used to
prepare snacks and meals. The caregiver
consults with the child's parent(s) or guardian to ensure a balanced diet
suitable to the age and physical development of the child is provided; and
(8) ensures the child's school attendance
in accordance with the requirements of the Oklahoma State Department of
provider training requirements. The in-home provider must read "The
Good Health Handbook - A Guide For Those Caring For Children" within
90-calendar days of the approval date of the in-home provider shown on Form
08CC003E. • 9 The in-home provider signs and completes Form
08CC008E, In-Home Child Care Provider Training Declaration of Completion, and
returns it to the AFS Child Care Subsidy staff.
• 10 The signature and completion
of Form 08CC008E meets the in-home provider training requirement for the first
year of approval.
(1) After the first year of approval, the
in-home provider must annually receive and declare six clock-hours of
training. The provider can meet the
training requirement by attending workshops, formal training programs, viewing
videos, or through individual job-related readings. The declaration is valid for one year from
the date the provider signs the document.
(2) Training hours earned by the in-home
provider may transfer from one family to another during the year the
declaration is in force.
(f) Requirement to renew the
in-home provider agreement. Form
08CC003E is completed annually. • 12
prior to approval for a special needs child care rate for a child with
disabilities. When an in-home child
care provider cares for a child with disabilities, the provider may be approved
for the special needs rate in addition to the applicable daily rate. Prior to receiving this additional rate, the:
(1) client, provider, and worker must
complete Form 08CC006E, In-home Child Care Certification for Special Needs, per
Oklahoma Administrative Code 340:40-7-3.1;
(2) provider must receive on-site consultation regarding the nature of
the child's disability and the development of the child care plan including how
to operate equipment needed by the child and any specialized training
needs. • 13 The consultant provides available resource
materials that may aid the provider for the child. This consultation may be provided by a:
(A) health care professional;
(B) child guidance specialist;
(C) SoonerStart provider when the child is younger than 3 years of age;
(D) public school teacher, who is familiar with the child; or
(E) consultant through the Center for Early Childhood Professional
(3) provider must agree to obtain six
additional hours of training in areas that address the care of children with
disabilities within six months of approval.
This training is documented on Form 08CC008E. • 14
(A) First aid, CPR, or informal training is
not counted to meet the special training requirement.
(B) Countable formal training must be from
a DHS-approved sponsor.