PURPOSE: This rule establishes that payment may be made to licensed and contracted facilities, state registered or certified facilities or individuals, relatives, organizational vendors, or child care clients as reimbursment for child care expenses; and designates the criteria used in making those payments for the division’s child care programs including Income Maintenance/Income Eligible, Protective Services, Food Stamp Employment and Training Child Care programs, child care services required by the Code of Federal Regulations Section 45, Part 255, known as the FUTURES Child Care Program; the Code of Federal Regulations Section 45, Part 256, known as the Transitional Child Care Program; and child care services required by the Code of Federal Regulations Section 45, Part 257, known as the At-Risk Child Care Program; and the Code of Federal Regulations Section 45, Parts 98 and 99, known as the Child Care and Development Block Grant Child Care program. This rule also establishes a system of priorities in program eligibility determination based on funding sources and defines state registration for child care providers as required under the guidelines of the At-Risk Child Care Program and the Child Care and Development Block Grant Child Care Program. It defines minimum health and safety as required under the Child Care and Development Block Grant Program.

Editor’s Note: The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. The entire text of the material referenced has been filed with the secretary of state. This material may be found at the Office of the Secretary of State or at the headquarters of the agency and is available to any interested person at a cost established by state law.

1. (1) The Division of Family Services may make payment for child care for individuals who meet the following eligibility criteria:

   1. (A) Recipients of Aid to Families With Dependent Children (AFDC) who are employed or are in school or training for employment;
   2. (B) Individuals who are employed, in school or training, or who have a disability or incapacity which renders them unable to care for a child, except with the provision of child care; and this disability or incapacity and need for child care due to this disability or incapacity has been confirmed by the attending physician. In determining the eligibility of these individuals, the Division of Family Services shall use income guidelines:
   3. (C) Individuals eligible under the guidelines of the Transitional Child Care Program (45 CFR, Part 256);
   4. (D) Individuals eligible under the guidelines of the Food Stamp Employment and Training Child Care Program (7 CFR, Part 273);
   5. (E) Individuals eligible under the guidelines of the FUTURES Child Care Program (45 CFR, Part 255);
   6. (F) Individuals eligible under the guidelines of the At-Risk Child Care Program (45 CFR, Part 257);
   7. (G) Individuals eligible under the guidelines of the Child Care and Development Block Grant Child Care Program (CCDBG) (45 CFR, Parts 98 and 99); and
   8. (H) Individuals receiving Protective Services through the Department of Social Services.
2. (2) Limitations for Participation in Child Care Which Relate to Subsections (1)(A), (B), (E) and (G). Participation in up to two
3. (2) training programs, or a maximum of two
4. (2) years of training, is allowed when the end result is a professional or technical job skill leading toward employment in a specific filed upon graduation. There is one (1)-year time limit for the completion of General Equivalency Diploma (GED) certification. There is a four (4)-year time limit for those who attend regular high school classes. There is a four (4)-year time limit for those who attend college with the intent of receiving a college degree.
5. (3) Child care recipients eligible under subsections (1)(A)–(D), (F) and (G) may pay a fee based on gross income and family unit size based on a child care sliding fee scale established by the division. (Appendix A). The sliding scale fee may be waived for children with special needs as established by the division. The maximum payment by the division shall be the applicable rate minus the applicable fee.
6. (4) Maximum payments by the division for infant care (birth to second birthday), preschool care (two (2) years to fifth birthday) and school-age care (five (5) years and over), shall not exceed the applicable rate as established by the division by geographic areas or 13 CSR 40-32

the actual charges by the provider, whichever is less.

1. (5) Claimants eligible for child care under the guidelines of the FUTURES Program are to receive benefits under that program prior to general revenue being expended for child care for the individuals described in subsection (1)(A) or (G).
2. (6) Claimants eligible for child care under the guidelines of the Transitional Child Care Program are to receive benefits under that program prior to receiving benefits under subsection (1)(B), (F) or (G).
3. (7) Claimants eligible for child care under subsection (1)(C), (D), (F) or (G) are to receive benefits under those programs prior to general revenue being expended for child care under subsection (1)(B).
4. (8) State registration for a child provider as required under the At-Risk Child Care Program and the CCDBG Program will consist of providing information required for prompt payment, will allow for parental choice, and will be a simple and timely process that will allow for registration after parental selection of a provider.

5. (9) To meet the health and safety requirements of the CCDBG the provider must sign a health and safety form certifying that s/he agrees to the following:

   1. (A) That all local fire codes are met;
   2. (B) That if no local fire codes are in place, the provider has a working smoke alarm, a working fire extinguisher, minimum classification 2A10BC for centers and 1A10BC for homes, and a posted emergency evacuation plan;
   3. (C) Providers caring for ten (10) or more children will provide a copy of their annual immunization report to the Department of Health;
   4. (D) Providers caring for fewer than ten (10) children will be informed regarding prevention and control of communicable diseases, and will refer parents to their family physician or local health department to obtain immunizations for children in need of an immunization. A parent will be required to cosign the health and safety form to verify that the requirement in subsection (9)(B) has been met.

AUTHORITY: section 207.020, RSMo 1986. Original rule filed Dec. 30, 1975, effective Jan. 9, 1976. Amended: Filed Aug. 18, 1977, effective Dec. 11, 1977. Emergency amendment filed Jan. 15, 1980, effective Feb. 1, 1980, expired April 10, 1980. Amended: Filed Jan. 15, 1980, effective April 11, 1980. Emergency amendment filed Feb. 20, 1980, effective March 1, 1980, expired June 11, 1980. Amended: Filed Feb. 20, 1980, effective June 12, 1980. Emergency rescission filed May 14, 1980, effective May 24, 1980, expired June 12, 1980. Rescinded: Filed May 14, 1980, effective Aug. 11, 1980. Emergency rule filed July 15, 1980, effective July 25, 1980, expired Oct. 10, 1980. Readopted: Filed July 15, 1980, effective Oct. 11, 1980. Emergency amendment filed Oct. 5, 1981, effective Oct. 14, 1981, expired Jan. 13, 1982. Amended: Filed Oct. 5, 1981, effective Jan. 14, 1982. Amended: Filed June 28, 1983, effective Nov. 11, 1983. Emergency amendment filed March 22, 1990, effective April 1, 1990, expired July 29, 1990. Amended: Filed April 18, 1990, effective June 28, 1990. Emergency rescission and rule filed Oct.22, 1991, effective Nov. 1, 1991, expired Feb. 28, 1992. Rescinded and readopted: Filed Nov. 13, 1991, effective March 9, 1992.