Current through Vol. 42, No. 1, September 16, 2024
(a)
Purpose. In-home child care is care given to a child by a relative
coming into the child's own home. A parent may choose an in-home provider even
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 reason.
(b)
Qualifications 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 and the ability to
exercise good judgment and appropriate authority;
(4) may not be a member of the child's
household;
(5) may only care for
the child of one family at a time. 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
children.
(c)
Requirements prior to approval of the caregiver for subsidy
payment. After a parent or caretaker selects a caregiver, 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)
of this paragraph.
(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
Oklahoma Human Services (OKDHS) 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. 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.
(2) The
caregiver must provide a copy of the caregiver's photo identification and
Social Security card.
(3) 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;
(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) OSBI; and
(II) the authorized agency in the previous
state of residence when the individual has resided in Oklahoma less than one
year;
(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 the worker
completes using the potential caregiver's Social Security number. 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.
(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 crimes include:
(i) violence against a person;
(ii) child abuse or neglect;
(iii) possession, sale, or distribution of
illegal drugs;
(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 consults a
supervisor. The supervisor sends an email to Adult and Family Services (AFS)
Child Care Subsidy Unit staff 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 Unit staff signs Form 08CC003E. This form must be
renewed annually. When approved, AFS Child Care Subsidy Unit 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 Unit staff sends a letter to the caregiver advising of the denial. The
worker sends Form 08MP038E, Client Notice of Action Taken, to inform the client
of the denial of benefits and need to choose another
caregiver.
(5) The
caregiver must be currently certified in first aid and infant and child
cardiopulmonary resuscitation (CPR) from an OKDHS-approved
source.
(d)
Duties
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 the
caregiver's 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, 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 to call 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 Education.
(e)
In-home 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. 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 Unit staff. 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 may 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.
(g)
Requirements 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 the child needs and
any specialized training needs. 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 Development;
and
(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.
(A) First aid,
CPR, or informal training is not counted to meet the special training
requirement.
(B) Countable formal
training must be from an OKDHS-approved sponsor.
Added at 17 Ok Reg 25, eff 10-1-99 (emergency); Added at
17 Ok Reg 1244, eff 6-1-00 ; Amended at 20 Ok Reg 2048, eff 7-1-03 ; Amended at
24 Ok Reg 1027, eff 6-1-07 ; Amended at 26 Ok Reg 1266, eff 7-1-09 ; Amended at
27 Ok Reg 1220, eff 6-1-10 ; Amended at 30 Ok Reg 666, eff
6-1-13
