Current through Register Vol. 56, No. 18, September 16, 2024
(a)
Each contracted child care center shall establish a written policy concerning
denial, reduction, suspension, and termination of service, which includes time
frames. The contracted child care center shall implement the policy in a
uniform and consistent manner. Such action shall be well documented. In
addition to specific policies, such policy, at a minimum, shall include the
following provisions:
1. Priority 1 children
shall not have their subsidized services terminated until the referring CP
& P Area Office has been notified, alternate child care arrangements have
been made, and the termination has been approved by the CP & P case manager
in writing to the DFD contracted child care center.
2. Any emergency termination of service
initiated by the DFD contracted child care center for reasons other than loss
of financial eligibility or failure to comply with the provisions of this
policy or other contractual terms shall be reported to the DFD contract
administrator. Examples include, but are not limited to, emergencies related to
the physical plant, such as fire, flooding, or situations that may have a
direct effect on the health and safety of the children, such as loss of heat or
water.
3. Excluding Priority 1
children, the child care agency shall require the parent/applicant to provide
documentation from a physician for any child's absence exceeding five
consecutive days due to illnesses. Documentation shall include, but is not
limited to, a copy of a physician's note indicating the illness of either the
child or the parent and the dates of absence from the program.
4. Limitations for child absences due to
vacations that may substantially effect the contracted child care center's
operating costs and contracted level of service.
(b) A DFD contracted child care center shall
also discontinue services for delinquent or defaulted co-payments.
1. When a DFD contracted child care center
terminates services due to delinquent or non-payment of co-payments, all
defaulted co-payments shall be paid before service shall be resumed with the
following exceptions:
i. A DFD contracted
child care center shall not terminate services to parents who are late in their
payments or who are unable to pay due to extraordinary circumstances, providing
the contracted child care center has other funding sources in addition to the
DFD contract from which the co-payment can be paid during the period of
emergency. Each determination regarding extraordinary circumstances shall be
decided on a case-by-case basis.
ii. A DFD contracted child care center shall
not terminate services to CPS Priority 1 children for late or non-payment of
co-payments.
(c) The DFD contracted child care center
shall mail or hand deliver a written notice regarding denial, reduction,
suspension or termination of services to the parent/applicant who is receiving
service at least 10 calendar days prior to such action taken by the agency.
Services shall be terminated only after the parent/applicant has been sent or
handed the written notice. The notice shall include:
1. A statement of the decision or proposed
action and the effective date;
2. A
full statement of the reasons for the decision or proposed action, stated
clearly;
3. A statement, if
applicable, indicating the amount of any co-payments that are due;
and
4. A statement explaining that
the parent/applicant has the right to request an administrative
review.
(d) Unless other
guidance or instruction is issued by the DHS or the DFD, whenever a reduction
in the amount of funding in a contract necessitates that services shall be
curtailed to children who are currently enrolled in contracted spaces:
1. Children shall be displaced in reverse
order of admission priority and by date of application;
2. The DFD contracted child care centers
shall add displaced children to their waiting lists by order of admission
priority and initial date of eligibility determination, if applicable;
and
3. The CCR & Rs shall make
referrals to neighboring DFD-contracted child care centers that are reasonably
accessible to the families affected, and assist families by providing complete
information on how to apply for subsidy assistance in the form of a voucher
that may be available through the county-based CCR & R, as well as
obtaining other services available through the CCR & R.
