Current through Vol. 42, No. 1, September 16, 2024
(a)
Preventive child care services. Preventive child care services
enable the child to be in a protective environment a specified number of hours
per day and days per week as determined by Child Welfare Services (CWS).
(1) Preventive child care services may be
provided to the family with an active CWS case when the:
(A) child is determined unsafe due to the
existence of present or impending danger; and
(B) family is in the process of reunification
in an active permanency planning case.
(2) The family is not required to establish
financial eligibility as preventive child care can be provided for income
eligible or non-income eligible families.
(b)
Child care services for employment,
education, and training purposes.
(1)
Parents with a child in DHS custody who need child care for education,
training, or employment purposes are required to meet the eligibility
requirements in Oklahoma Administrative Code (OAC) 340:40-7.
(2) Parents with a child in DHS custody apply
for trial reunification child care services through DHS Adult and Family
Services, as a co-payment may be required.
(3) Resource parents requesting child care
are required to meet the eligibility requirements in OAC
340:75-7-65.
(c)
Child care program
options.
(1) The parent may choose a
family child care home regardless of star level.
(2) Child care subsidy benefits are not paid
by DHS when the:
(A) child care program does
not have a valid contract with DHS;
(B) parent, his or her spouse, or child's
parent or stepparent, has an ownership interest;
(C) parent works in the child care home
during the same hours the child attends child care;
(D) parent chooses more than one child care
program to provide service to a child on the same day;
(E) program does not allow parental access
during the hours the program cares for children;
(F) program is receiving state or federal
funds, such as Head Start or public schools, and is not charging all parents
for the hours the subsidy payment is requested. Early Head Start programs are
exempt from this rule;
(G) program
caring for a school - age child during the regular school day when the student
could be attending a public or private school during those hours; or
(H) program is one star, unless there are no
programs with a higher star status in the community or special exception
criteria are met. Special exception criteria are:
(i) the child was already approved for care
at the one star program prior to January 1, 2003, or prior to the program's
star status being reduced to one star. The child:
(I) can remain at the one star program,
unless the child stops attending the program for more than 30 - calendar days;
and
(II) may be approved at the
same one star program again when the only reason the child did not attend for
more than 30 - calendar days was due to a school break or circumstances beyond
the family's control, such as the child's illness;
(ii) care is requested for the child residing
in the same home as a child already approved for care as described in (c)(H)(i)
in the same one star child care program; or
(iii) the parent or guardian demonstrates
there is no other child care option that meets the family's needs.
(d)
Child care subsidy benefits for the child with disabilities. A
child with disabilities is potentially eligible for the higher special needs
rate for child care subsidy benefits. Each child with disabilities requires a
separate and specific certification of the child care program.
(1) The child with disabilities is defined as
a child receiving:
(A) Supplemental Security
Income (SSI). This includes a child whose SSI payment stops because of
financial reasons, but who still meets the medical definition of disability as
determined by the Social Security Administration;
(B) SoonerStart early intervention services;
or
(C) special education services
provided, per an Individualized Education Program (IEP), by the child's school
district.
(2) When the
child with disabilities is 13 years of age or older, the parent must provide a
statement from a licensed health care professional verifying the child is
physically or mentally incapable of self-care as age-appropriate before care is
approved and annually at review. Subsidized child care benefits are not
approved when the licensed health care professional states the child is capable
of self-care as age-appropriate.
(e)
Overpayment of child care.
DHS seeks repayment for any child care that was received or paid in error per
OAC
340:40-15-1.
Added at 13 Ok Reg
3669, eff 4-29-96 (emergency); Added at 14 Ok Reg 2288, eff 6-12-97; Amended at
15 Ok Reg 211, eff 11-1-97 (emergency); Amended at 15 Ok Reg 1663, eff 5-11-98;
Amended at 15 Ok Reg 3886, eff 7-14-98 (emergency); Amended at 16 Ok Reg 1052,
eff 4-26-99; Amended at 17 Ok Reg 92, eff 10-1-99 (emergency); Amended at 17 Ok
Reg 923, eff 3-1-00 (emergency); Amended at 17 Ok Reg 2249, eff 6-1-00
(emergency); Amended at 17 Ok Reg 2429, eff 6-26-00; Amended at 18 Ok Reg 3067,
eff 7-12-01; Amended at 19 Ok Reg 2208, eff 6-27-02; Amended at 27 Ok Reg 1092,
eff 3-26-10 (emergency); Amended at 27 Ok Reg 1865, eff 7-1-10 ; Amended at 28
Ok Reg 894, eff 7-1-11; Amended at 29 Ok Reg 635, eff 6-1-12; Amended at 30 Ok
Reg 839, eff 7-1-13
