Ohio Administrative Code
Title 5101:2 - Division of Social Services
Chapter 5101:2-16 - Publicly Funded Child Care
Section 5101:2-16-09 - Provider responsibilities for publicly funded child care
Universal Citation: OH Admin Code 5101:2-16-09
Current through all regulations passed and filed through September 16, 2024
(A) Who is eligible to sign an agreement to provide publicly funded child care?
(1) A
child care provider who operates a licensed child care center; a licensed type
A or type B child care home; an approved Ohio department of education (ODE)
licensed program; an approved child day camp; a certified in-home aide; or a
regulated border state provider is eligible to sign a provider agreement.
(a) A school child or preschool program
licensed by the ODE, pursuant to sections
3301.52 to
3301.59 of the Revised Code,
will become eligible to sign a provider agreement after requesting approval to
provide publicly funded child care services. All requests shall be made by:
(i) Submitting the JFS 01140 "Request to
Provide Publicly Funded Child Care for Ohio Department of Education Programs"
with a copy of the ODE license or the Ohio child licensing and quality system
(OCLQS) generated equivalent to ODJFS.
(ii) Complying with background check
requirements pursuant to rule
5101:2-12-09 of the
Administrative Code.
(b)
A border state provider shall register in OCLQS prior to signing a provider
agreement.
(2) Except as
described in paragraph (A)(3) of this rule, a provider who operates a licensed
child care program is eligible to provide publicly funded child care only if
the program is rated through the step up to quality program established
pursuant to section 5104.29 of the Revised
Code.
(3) A provider is exempt from
paragraph (A)(2) of this rule if the provider operates any of the following:
(a) A program that operates only during the
summer and not for more than fifteen consecutive weeks.
(b) A program that operates only during
school breaks.
(c) A program that
operates only on weekday evenings, weekends, or both.
(d) A program that holds a provisional
license issued under section
5104.03 of the Revised
Code.
(e) A program that had
its step
up to quality program rating removed by the department of job and family
services within the previous twelve months.
(f) A program that is the subject of a
revocation action initiated by the department, but the license has not yet been
revoked.
(g)
A licensed child care center, ODE licensed pre-school
or school-age program that provides publicly funded child care to less than
twenty-five per cent of the program's license capacity;
(h)
A program that is
a type A family day-care home or licensed type B family day-care
home.
(4) Child
care providers with a signed provider agreement shall maintain compliance with
all requirements of the Child Care and Development Block Grant Act of 2014,
P.L.
113-186(11/19/2014), 128 Stat. 1971 (2014)
42 U.S.C.
9858 (CCDBG Act of 2014).
(B) What are the provider requirements to sign an agreement for publicly funded child care services?
(1) Providers are eligible for payment after
they complete the provider agreement with the Ohio department of job and family
services (ODJFS) and have entered all required information in the automated
system.
(a) The provider agreement is
effective on the date it is signed and submitted by the provider or the date
the provider becomes an eligible provider pursuant to paragraph (A) of this
rule, whichever is later.
(b) The
provider agreement as entered into with ODJFS may be terminated if ODJFS
determines misuse of publicly funded child care or the automated child care
system.
(c) The provider agreement
as entered into with ODJFS, may be terminated in accordance with the terms
contained in the agreement.
(d) The
provider agreement shall be terminated if the eligible provider fails to
maintain approval as an eligible provider.
(e) Providers of publicly funded child care
with a valid provider agreement shall not be considered employees of ODJFS but
shall be considered independent contractors who are responsible for the
requirements of selfemployment.
(2) ODJFS shall pay eligible child care
providers for publicly funded child care services provided to eligible
caretakers authorized to that provider.
(a) An
eligible child care provider who provides child care services for a caretaker
who is potentially eligible for publicly funded child care benefits shall be
paid for child care services if an authorization is created by the county
agency pursuant to rule
5101:2-16-06 of the
Administrative Code.
(b) Payment
for publicly funded child care services shall be contingent upon the
availability and appropriation of state and federal funds.
(C) How shall a provider track attendance for publicly funded child care services?
(1) Child care providers shall utilize the
automated child care system to track attendance data for caretakers who have
applied or have been determined eligible for publicly funded child care, in
accordance with procedures outlined by ODJFS.
(2) Child care providers or a person acting
in any capacity for the provider shall not use the personal identification
information created by the caretaker or a caretaker's designee/sponsor to track
or approve attendance in the automated child care system.
(3) The provider shall be responsible for the
cost of replacement or repair of the hardware required for use of the automated
child care system. Recoupment may occur through the payment adjustment
process.
(D) How are school hours deducted in the automated system for school-age children being cared for by a provider?
(1) The provider
shall enter each school-age child's current school schedule in the automated
system on or before the first day of the school year as defined in rule
5101:2-16-01 of the
Administrative Code or the child's first week of attendance if authorization is
after the first day of the school year. Each school schedule shall include all
of the school year, but may begin earlier and/or end later.
(2) The schedule set by the provider for each
school-age child shall be used to deduct the hours in which that child is in
school and not at the child care program.
(E) How shall a provider submit attendance data for child care services provided?
A child care provider shall submit all data for the calculation of payments in accordance with instructions provided by ODJFS.
(1) Attendance data shall be submitted for
payment after the close of the service week and no later than four weeks from
the last day of the service week or four weeks from the last day of the week
the authorization is provided to the automated system, whichever is
later.
(2) Only complete data (days
with both an in and out time for the child receiving care) may be
submitted.
(3) Each school-age
child shall have an associated school schedule set by the provider pursuant to
paragraph (D) of this rule before the child's attendance may be submitted for
payment.
(4) Changes to attendance
data shall be submitted with caretaker approval.
(5) The provider may track attendance or make
changes to attendance data in the automated child care system without caretaker
approval if all of the following apply:
(a)
There has been a loss of contact with the caretaker for five consecutive
calendar days from the last day of attendance.
(b) The provider has notified the county
agency of the loss of contact.
(c)
The authorization to the provider has been ended.
(d) Any new or changed attendance is limited
to no more than five consecutive days.
(6) Once attendance has been submitted, the
provider has until the following Saturday to recall the submitted attendance in
order to make a change to the attendance data. Any changes made shall require
caretaker approval pursuant to paragraphs (E)(4) and (E)(5) of this rule prior
to resubmitting the attendance.
(7)
ODJFS will begin processing the payment on the Sunday following the submission
of the attendance data.
(8) If the
attendance has not been submitted pursuant to the time line in paragraph (E) of
this rule, ODJFS shall automatically process any complete attendance data for
payment. No new attendance data may be submitted after this date.
(9) ODJFS shall not pay for a child's
attendance submitted by more than one provider for the same date and
time.
(F) How does a provider receive payment when a caretaker's application for publicly funded child care has been denied?
(1) Child care
providers shall submit attendance data pursuant to paragraphs (C) and (E) of
this rule when notification has been received that a caretaker's application
for child care has been denied.
(2)
The provider may appeal a denial notice of eligibility for payment after denial
within fifteen days from the date of denial if either of the following apply:
(a) Payment was denied due to a caretaker's
incomplete application.
(b) Payment
was denied because the provider did not have a valid provider agreement when
services were provided.
(3) Attendance submitted for payment after
denial shall not include absent days or professional development
days.
(G) How does a provider request a payment adjustment after a payment has been issued?
(1) The provider shall submit a request for
payment adjustment in the automated child care system within four weeks of the
payment date. No new attendance may be submitted for payment
adjustments.
(2) If the incorrect
payment amount is because of a county agency data entry error, the provider
shall contact the county agency to request correction of the error before the
provider submits the request for payment adjustment. ODJFS shall not process
the request for payment adjustment until the error is corrected by the county
agency. The request for adjustment may exceed four weeks from the original
payment date.
(H) What are the provider's responsibilities to collect a copayment?
(1) The provider shall establish a written
and signed agreement with the caretaker for payment of the child's assigned
copayment.
(2) If an assigned
copayment is delinquent more than two weeks from the date established in the
written copayment agreement, the provider shall submit a record of the
delinquent copayment to the county agency no later than three weeks from the
date the copayment was due.
(3) If
a provider fails to inform the county agency of the delinquent copayment, the
caretaker shall be responsible for any delinquent copayments reported by the
provider for up to the previous three weeks from the date the county agency was
notified.
(I) What is the process for requesting a payment enhancement when a provider must make accommodations to care for a child with special needs?
(1) A child care provider may submit a
request for a payment enhancement when accommodations must be made to care for
a child who meets the definition of special needs as defined in rule
5101:2-16-01 of the
Administrative Code.
(a) To request this
payment rate, the provider shall submit a completed JFS 01231 "Request for
Payment Rate for Special Needs Child Care" to ODJFS.
(b) ODJFS will notify the provider with
verification of the approved amount, the effective date of the change in
payment rate, or if the request is denied.
(c) An approved payment enhancement shall be
in effect for twelve months for a child authorized to receive publicly funded
child care at the approved provider.
(2) If state and/or federal funds are not
available for the purchase of publicly funded child care services, ODJFS shall
reserve the right to deny all requests.
(3) The granting of this payment rate by
ODJFS shall not be construed as constituting precedence for the granting of any
other payment changes or the subsequent renewal of a rate. All requests shall
be considered on an individual basis.
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