Current through Vol. 42, No. 1, September 16, 2024
(a)
Application process. The application process for subsidized child
care benefits begins with a request for benefits and ends with an eligibility
determination. Application approval is subject to available funding. Subsidized
child care benefits are synchronized with the applicant's food benefits or
SoonerCare (Medicaid) benefits, per Oklahoma Administrative Code (OAC)
340:40-9-1(f).
Child Welfare Services or Adult and Family Services (AFS) staff processes the
application.
(1)
When an application is
required. An application is required when:
(A) an applicant initially applies for
subsidized child care benefits. Refer to (c)(2) of this Section when an
application is denied;
(B) the
client's subsidized child care benefits are closed for more than 30-calendar
days;
(C) the payee for the
subsidized child care benefits changes; or
(D) the family income was not considered, per
OAC 340:40-7-12(6),
and one or more of the affected adopted children turns 6 years of age, unless
the child can be added to an open income eligible case, per OAC
340:40-9-2(d).
(2)
Who may apply. An applicant
or the applicant's authorized representative may apply for subsidized child
care benefits. When an authorized representative applies on an applicant's
behalf, the representative must bring Form 08MP008E, Authorized Representative
Request or a statement the applicant signs giving the representative permission
to act on the applicant's behalf, unless the applicant designated the person as
the authorized representative on the signed application.
(A) When the natural or adoptive parent or
stepparent lives with the child, the parent is the applicant, and Oklahoma
Human Services (OKDHS) bases eligibility on the parent's situation regardless
of whether the parent has custody of the child.
(B) When both the natural and adoptive parent
of the child live in the same household and the adoption is final, the adoptive
parent is the applicant, and OKDHS bases eligibility on the adoptive parent's
situation.
(C) When the natural or
adoptive parent or stepparent is not in the home, the person acting in the role
of the parent, referred to as the caretaker, is the applicant. The caretaker
may or may not be related to the child.
(D) When the child's parent is a minor,
either the minor parent or the responsible adult the minor lives with may be
considered the applicant for the subsidized child care benefits. Eligibility is
based on the minor parent's situation.
(E) When the natural or adoptive parent lives
in the home but is too incapacitated to apply, another person living in the
home may apply on the parent's behalf when the person provides proof of the
parent's inability to apply.
(3)
Application. An applicant or
the applicant's authorized representative completes and signs an application to
apply for subsidized child care benefits. When the applicant requests child
care for a child with disabilities, the worker gives Form 08AD006E,
Certification for Special Needs Rate for Licensed Child Care Homes and Centers,
to the applicant.
(4)
Request
date. The request date, known as the application date for other AFS
programs, is the date the applicant requests subsidized child care benefits
verbally or in writing.
(5)
Certification date. The certification date is the date the
applicant or the applicant's authorized representative completes the child care
interview and provides all necessary verification to the county office,
including the name of the child care provider the client chooses to use.
(A) The provider must have a valid OKDHS
child care provider contract.
(B)
Refer to OAC
340:40-5-1(7)
for reasons an applicant may not choose certain child care providers.
(C) For applicants choosing an in-home
provider, refer to OAC
340:40-13-1 and
340:40-13-2.
(6)
Child care interview. Child
care interviews may be completed face-to-face or over the phone with the
applicant or authorized representative.
(7)
Explanation of eligibility
factors. At the time of an initial interview, the worker informs the
applicant or authorized representative of:
(A) the rights and
responsibilities;
(B) all
eligibility factors, including the requirement that the chosen child care
provider be contracted with OKDHS;
(C) the child care plan and reason child care
may be approved based on the applicant's statements at interview;
(D) the applicant's electronic benefit
transfer (EBT) responsibilities including viewing the client training
video;
(E) the earliest date child
care may be approved;
(F) the
requirement to cooperate with the OKDHS Office of Inspector General during any
audit or investigation of the applicant or the provider the applicant uses for
child care; and
(G) the requirement
to report within 10-calendar days when household income exceeds the income
eligibility threshold per OKDHS Appendix C-4, Child Care Eligibility/Copayment
Chart. At certification and renewal, a computer-generated notice issues to
inform the client of the current income eligibility threshold for family
size.
(8)
Timeliness. To be timely, the worker must determine eligibility
within two-business days of receiving all necessary verification to certify or
deny the application.
(A) When the applicant
does not provide requested verification, the worker denies the request within
30-calendar days of the request date.
(B) When eligibility is not determined within
30-calendar days, the worker sends Form 08MP038E, Client Notice of Action
Taken, explaining the reason for delay.
(9)
Right to appeal. The
applicant has the right to appeal an application processing delay or
eligibility decision, per OAC
340:2-5-60 through
340:2-5-81.
(b)
Presumptive eligibility
processing. The worker may presumptively approve a maximum of
30-calendar days of child care prior to making a complete eligibility
determination when a reason described in (1) of this subsection applies.
(1) Reasons include when the applicant:
(A) is in danger of losing a job or cannot
start a new job unless child care is immediately approved. In this
circumstance, it must be out of the applicant's control to provide required
verification and the applicant does not have the money to pay toward the cost
of child care;
(B) is employed but
has not received pay from the job and is not guaranteed a wage because the
applicant is self-employed or works on a commission-only basis. Further care is
not approved until the applicant provides proof of the applicant's earnings
from the job; or
(C) requests
protective or preventive child care, per OAC
340:40-7-8(f).
(2) The worker gives or sends the applicant
Form 08AD092E, Client Contact and Information Request, to inform the applicant
what the applicant needs to provide before further care is
approved.
(c)
Eligibility determination. The worker determines the applicant's
eligibility to receive child care subsidy benefits based on eligibility
conditions, per OAC 340:40-7. The applicant must meet a need factor within
30-calendar days of the request date. After calculating family income, the
worker uses OKDHS Appendix C-4, Child Care Eligibility/Copayment Chart, to
determine if the household meets the income eligibility threshold. Refer to OAC
340:40-5-1(8)
and 340:40-7-10 through
340:40-7-13 for information
regarding income determination.
(1)
Applicant determined eligible. The earliest date the worker
approves subsidized child care benefits is the date the applicant completes the
child care interview and provides all necessary verification to determine
eligibility. The worker certifies the applicant for a 12-month eligibility
period, per Section
98.21 of Title 45 of the Code of
Federal Regulations. The applicant is responsible for child care used before
the certification date.
(A) The applicant or
recipient records attendance with his or her EBT card through a
point-of-service machine or through the mobile app at the child care
facility.
(B) OKDHS does not pay
for care for any day the child attends child care when the client fails to
record attendance, unless extenuating circumstances exist beyond the client's
or provider's control.
(C) When the
applicant or recipient fails to record attendance, the applicant is responsible
for any care provided that day and may be responsible for any missed absent-day
payment the child care provider would have received if all days the child
attended were recorded.
(2)
Applicant determined
ineligible. The worker denies the child care request or application when
the applicant completes the application process and is determined ineligible,
does not provide needed verification, or fails to cooperate in determining
eligibility.
(A) When the applicant is
determined ineligible after completing the application process and providing
necessary verification, a new application is required regardless of the
original request date.
(B) When the
worker denies the child care request because the applicant did not provide
required verification, including choice of provider, a new application is not
needed when the applicant completes the application process and provides
necessary verification within 60-calendar days of the original request
date.
(C) When the worker denies
the child care request because the applicant fails to cooperate in determining
eligibility, a new application is not required if the applicant cooperates
within 30-calendar days of the original request date.
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 155, eff 12-1-00 (emergency); Amended at 18 Ok Reg
1236, eff 5-11-01 ; Amended at 19 Ok Reg 1917, eff 4-29-02 (emergency);
Amended at 20 Ok Reg 530, eff 1-1-03 (emergency); Amended at 20 Ok Reg 872,
eff 6-1-03 ; Amended at 21 Ok Reg 1364, eff 9-1-04 ; 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 14,
eff 8-3-07 (emergency); 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 ; Amended at 30 Ok Reg 656, eff
6-1-13
