Current through Vol. 42, No. 1, September 16, 2024
(a)
Criteria. A child care program owner and the Oklahoma Human
Services (OKDHS) Director or designee signs Form 08CC001E, Child Care Provider
Contract, before OKDHS pays for out-of-home child care services. By signing the
contract, the child care provider agrees to not take into account a person's
race, color, religion, sex, national origin, or disability in deciding which
children to accept in the child care program or in how to provide services. Age
may be a factor only to the extent that certain services are designed for a
particular age group.
(1) Written complaints
that a child care provider is not complying with assurances in (a) of this
Section are made to the OKDHS Director or to the Secretary of Health and Human
Services, Washington, D.C., 20201.
(2) Local Child Care Services (CCS) licensing
staff provides initial contract information for child care programs. The child
care provider contacts CCS, Child Care Subsidy Unit staff to request a
contract.
(3) Child care contracts
are valid for a maximum of one year. Contracts may be renewed at the sole
option of OKDHS for successive one-year terms per (g) of this
Section.
(b)
License and star status for child care centers and homes. OKDHS
does not contract with out-of-state child care providers. Child care providers
only obtain an OKDHS contract after they are licensed or permitted.
(1) A child care center provider requesting a
contract is required to have a license or permit and a two-star or higher star
status. Community Hope Centers are exempt from participation in the Stars
quality rating system.
(2) A child
care home provider requesting a contract is required to have a license or a
permit.
(A) When licensed, the child care home
provider may have a one star or higher status.
(B) When on permit, the child care home
provider must have a two-star or higher status.
(c)
Procedure for obtaining child care
contracts. The procedures in (1) through (5) of this subsection are used
to obtain child care contracts.
(1) CSS
licensing staff gives the child care provider OKDHS Publication 07-12, "Steps
For Child Care Providers Interested In A Subsidy Contract" and instructs the
provider to contact CCS Child Care Subsidy Unit staff to obtain an OKDHS child
care contract.
(2) When a child
care program owner or another person authorized to sign the contract contacts
CCS Child Care Subsidy Unit staff, staff explains the owner or responsible
person must provide documents listed in (A) through (D) of this paragraph
before signing a contract. Documents include a copy of:
(A) a document that verifies the identity of
the owner or responsible person authorized to sign the contract;
(B) a document from the Internal Revenue
Service verifying the employer identification number. A home child care
provider who is a sole proprietor may provide a copy of the employer's Social
Security card in lieu of an employer identification number;
(C) the certificate of completion for the
required online "Orientation to Child Care Subsidy Contracts" training;
and
(D) ownership
verification.
(3) When
the owner provides the required documents, CCS Child Care Subsidy Unit staff
sends Form 08CC001E to the child care provider and explains that the earliest
date a contract is valid is the date the OKDHS Director or designee approves
the contract.
(4) The owner or
person authorized to sign the contract signs and returns the contract to the
CCS Child Care Subsidy Unit.
(5)
CCS Child Care Subsidy Unit staff processes the contract request for approval
or denial.
(A) When approved, CCS Child Care
Subsidy Unit staff assigns a contract number and sends a copy of the signed
contract to the child care provider.
(B) When denied, CCS Child Care Subsidy Unit
staff sends a letter to the child care provider.
(d)
Changes the provider
reports. Form 08CC001E informs child care providers of changes they must
report to the CCS Child Care Subsidy Unit no less than 30-calendar days prior
to the effective date of any changes. When the provider fails to report the
anticipated change timely and a new contract is needed, a gap may occur in the
child care subsidy payment to the provider. Changes that are reported include:
(1) collaborations or agreements;
(2) ownership change;
(3) legal business entity change;
(4) change in facility status;
(5) legal name change of the
business;
(6) plan to stop caring
for children;
(7) star status
reduction;
(8) changes in the
responsible person authorized to sign the contract or in that person's legal
name;
(9) disqualification,
suspension, or debarment from the Child and Adult Food Care Program or any
other federal program;
(10) when an
owner or employee of a child care provider is convicted of a criminal offense;
and
(11) provider address
change.
(e)
Changes
that require a new contract. A new contract is required when changes
listed in (1) through (3) of this subsection occur.
(1)
Change in ownership. An
ownership change occurs when the owner of a child care program
changes.
(2)
Change of legal
business entity. A change of legal business entity is a change from one
legal business entity type to another. Refer to OKDHS Appendix L-7, Ownership
Proof Chart, for a list of legal business entity types.
(3)
Change in facility status. A
change in facility status occurs when a child care home changes to a child care
center or a child care center changes to a child care home.
(f)
Providing care at a
different site than is authorized. When the child care provider signs
the child care contract, the provider agrees to provide care only at the
physical address designated in the contract.
(1) After obtaining prior approval from CCS
Child Care Subsidy Unit staff, a child care center provider owning more than
one child care center may be authorized to move children receiving subsidized
child care benefits to an alternate center for a designated time period. A
child care center provider may not move a point-of-service (POS) machine or
submit electronic claims for care at another location until the provider
receives approval from CCS Child Care Subsidy Unit staff.
(2) CCS Child Care Subsidy Unit staff
provides written approval when (A) through (E) of this paragraph are met.
(A) The same owner or legal business entity
operates the alternate site.
(B)
The alternate site is licensed and contracted at the same star level and the
child care provider has adequate licensed capacity at the alternate
site.
(C) There is a legitimate
business reason for providing care in another location.
(D) The provider advises CCS Child Care
Subsidy Unit staff how the provider is ensuring parents are aware their
children are being cared for at a different location.
(E) The provider advises CCS Child Care
Subsidy Unit staff of the date of expected return to the contracted
site.
(g)
Child care contract renewal. Child care contracts may be renewed
at the sole option of OKDHS for successive one-year terms, under the same terms
and conditions, unless OKDHS makes changes to Form 08CC001E. The child care
contract is not renewed when:
(1) the child
care provider or OKDHS gives written notice of its intent not to renew to the
other party at least 30-calendar days prior to the previous contract term's
expiration; or
(2) during the
contract renewal period, the provider fails to:
(A) complete all required contract training;
or
(B) provide any other
information or documents requested.
(h)
Contract violations. By
signing the child care provider contract, Form 08CC001E, the child care
provider agrees to abide by the contract's terms. When OKDHS staff becomes
aware a child care provider is violating contract terms, the staff person
emails the circumstances to CCS Child Care Subsidy Unit staff. Staff may also
complete Form 19MP001E, Referral Form, to report the violation to the Office of
Inspector General. Examples of contract violations include, but are not limited
to:
(1) discriminating against persons seeking
services by charging a discriminatory rate or violating a person's rights as
listed in the Civil Rights Act of 1964 as amended, the Rehabilitation Act of
1973 as amended, or the Americans with Disabilities Act of 1990, as
amended;
(2) failing to maintain a
drug-free workplace;
(3) operating
over licensed capacity;
(4)
possessing a client's electronic benefit transfer (EBT) card or recording
attendance for a child using the POS machine or the mobile app;
(5) knowing a client's EBT personal
identification number;
(6) refusing
a parent or caretaker unlimited access to the facility areas used for child
care during operation hours;
(7)
failing to ensure the parent or caretaker records accurate time and attendance
information using the POS machine or the mobile app. When a child is approved
for a blended unit type or part-time care, the parent or caretaker is only
required to record attendance one time per day because the number or hours the
child attends does not affect the child care provider payment amount;
(8) charging a client receiving subsidized
child care more than the OKDHS rate for days and hours OKDHS
authorizes;
(9) charging a client
receiving subsidized child care an allowable fee when not charged to non-OKDHS
participants;
(10) failing to post
all the facility's rates and fees;
(11) charging or requiring a client to record
attendance for days and hours outside of client's child care plan when those
days and hours are a requirement the care provider imposes and are not the
client's choice;
(12) failing to
advise and provide OKDHS a completed copy of any collaboration or agreement the
child care provider enters into within 30-calendar days of signing the
collaboration or agreement. This includes agreements with Head Start, Early
Head Start, public schools, or other programs receiving federal or state
funding;
(13) claiming or receiving
payment from OKDHS for any care hours the provider is not charging all parents
because the provider receives federal or state funds for those hours. Refer to
Oklahoma Administrative Code (OAC)
340:40-5-1(7)
regarding collaborations;
(14)
claiming child care payment for care given for any hours in an unlicensed
collaborative classroom;
(15)
moving the children from the agreed upon location shown in the contract and
claiming for services at the other location without prior approval from CCS
Child Care Subsidy Unit staff;
(16)
moving the POS machine or submitting electronic claims without receiving prior
approval from CCS Child Care Subsidy Unit staff, per subsection (f) of this
Section;
(17) failing to inform
OKDHS of a change in facility status, legal business entity, business
ownership, or the responsible person at least 30-calendar days in advance of
the change;
(18) failing to inform
OKDHS in writing within 10-calendar days of any person who has an ownership or
controlling interest in, or is an agent or managing employee of, the child care
business, who was convicted of a criminal offense related to such person's
involvement under Titles XVIII, XIX, or XX of the Social Security
Act;
(19) failing to allow full
access to the facility's premises and personnel to investigate a
complaint;
(20) failing to report
the new child care business income within 10-calendar days of first receipt to
the child care provider's Adult and Family Services (AFS) worker when the
provider receives OKDHS benefits;
(21) a home child care provider claiming
payment for child care provided for an employee's child. Refer to OAC
340:40-5-1(7);
(22) a child care provider receiving
subsidized child care benefits for a child and claiming payment for that child
to attend a child care program in which the provider or the provider's spouse
have an ownership interest. Refer to OAC
340:40-5-1(7);
(23) subcontracting services to another
provider; or
(24) breaching the
contract the child care provider signs with the OKDHS EBT
contractor.
(i)
Child care provider contract cancellation. CCS Child Care Subsidy
Unit staff issues a notice to the child care provider to initiate child care
contract cancellation. When CCS cancels a contract, all open child care
authorizations for that provider close automatically. Contracts may be
cancelled:
(1) with cause. The effective
cancellation date is 10-calendar after CCS Child Care Subsidy Unit staff sends
the notice. The notice contains a reference to the grounds for cancellation
including the specific contract provision(s) violated; or
(2) without cause. The effective cancellation
date is 30-calendar days after CCS Child Care Subsidy Unit staff sends the
notice.
Added at 17 Ok Reg 25,
eff 10-1-99 (emergency); Added at 17 Ok Reg 1244, eff 6-1-00; Amended at 17 Ok
Reg 3583, eff 10-1-00 (emergency); Amended at 18 Ok Reg 1236, eff 5-11-01;
Amended at 19 Ok Reg 195, eff 1-01-02 (emergency); Amended at 19 Ok Reg 1757,
eff 6-14-02; Amended at 20 Ok Reg 530, eff 1-1-03 (emergency); Amended at 20 Ok
Reg 2048, eff 7-1-03; Amended at 21 Ok Reg 1358, eff 7-1-04; Amended at 22 Ok
Reg 1948, eff 7-1-05; Amended at 23 Ok Reg 1872, eff 7-1-06; Amended at 24 Ok
Reg 1027, eff 6-1-07; Amended at 25 Ok Reg 920, eff 6-1-08; Amended at 26 Ok
Reg 820, eff 6-1-09; Amended at 27 Ok Reg 1220, eff 6-1-10; Amended at 28 Ok
Reg 831, eff 6-1-11
