Wyo. Code R. 049-0008-1
Child Care - Purchase of Service
Chapter 1: Child Care, Purchase of Service General (App A-D)
Effective Date: 07/09/1999 to 03/29/2001
Rule Type: Superceded Rules & Regulations
Reference Number: 049.0008.1.07091999
GENERAL
Section 1. Authority. W.S. 42-2-103(b)(xiii), and W.S. 16-3-101 et. seq. authorizes the Department of Family Services to promulgate rules and regulations to be used by the Department in the discharge of its functions.
Section 2. Purpose. These rules are adopted to standardize the Department's purchase of child care in Wyoming.
The State of Wyoming has submitted a state plan for the Child Care and Development Fund (CCDF) to the Administration of Children and Families of the Department of Health and Human Services. The state plan is provided for in Section 658D and E of the federal Child Care and Development Block Grant (CCDBG) as amended by Public Law 104-193. The regulations as amended in 45 Code of Federal Regulations Sections 98 and 99 apply. The Food Stamp regulations as amended in 7 Code of Federal Regulations Section 273 apply.
The Wyoming Child Care Purchase of Service program is a public assistance program for low income families who need child care services in order to work or attend approved educational or training programs. Child Care Purchase of Services is funded through a federal block grant and with state dollars.
The goals of the Child Care Purchase of Service program are:
1. Provide assistance to low income families who need child care assistance because of work or attending an educational or an employment training program which is directed at increasing the family's ability to become economically self-sufficient.
2. Encourage the client to continue his/her work, education or employment training activity and more toward self-support and self-sufficiency.
3. Encourage the client to become independent of public assistance by requiring a parental contribution for services as income increases.
4. Increase the client's knowledge of quality child care and ability to make informed decisions concerning child care through providing consumer education materials and licensed provider lists to applicants.
5. Promote parental choice by allowing clients to make their own decisions on the child care that best suits their family's needs.
6. Promote quality child care services through a coordinated effort with the child care licensing workers and child care providers and organizations.
Section 3. Severability. If any provision of these rules or the application thereof to any person, program, service or circumstance is held invalid, the invalidity shall not affect other provisions
or applications of these rules. To the extent that these rules can be given effect without the invalid provision, the provisions of these rules are severable.
(a) “Adult” is a person age eighteen (18) or over, or a person under age eighteen (18) who meets the Wyoming emancipation laws.
(b) “Adverse action” is a process to terminate or reduce the child care benefits.
(c) “Anticipated income” is income which is expected to be received in the benefit month.
(d) “Applicant” is a person who expresses in writing a desire to receive assistance.
(e) “Application date” is the date a completed and signed application or written request is received and date stamped in the DFS field office.
(f) “Approved activity” is:
(i) Work.
(ii) An educational program which includes:
(A) High school or GED; or
(B) A postsecondary educational program which does not exceed the first associate or baccalaureate degree unless the associate degree was received while the parent(s)/caretaker(s) was pursuing a baccalaureate degree as the original educational goal.
(iii) An employment training program.
(iv) Other approved work activity through the POWER or the Food Stamp E & T programs.
(g) “Assistance unit” is one or more children living with their parent(s) or caretaker(s).
(h) “Authorization” is issued to a parent/caretaker to show the child(ren) is eligible for child care assistance. The Child Care Authorization is assistance to the client, not assistance to the provider. The authorization shows:
(i) The maximum child care hours allowed by DFS,
(ii) The maximum payment DFS will make, and
(iii) The parental obligation for a portion of the child care costs.
(i) “Best estimate” is a determination of what will occur based on knowledge of the past and present circumstances and future expectations.
(j) “Block grant or Child Care Development Fund(CCDF)” is a federally funded child care assistance program for families in which the parent(s)/caretaker(s) is working, attending school, participating in a work program or attending a job training program.
(k) “Budgeting” is the act of calculating the amount of money to be authorized to the assistance unit to assist in meeting child care costs.
(l) “Business expense” is the cost directly related to the production of the goods or services provided by the operation which are then subtracted from the gross income to determine net income.
(m) “Caretaker” is an adult related to the child or an adult who has a court order giving legal responsibilities or guardianship and who is exercising the care and control of the child(ren). This includes foster parents.
(n) “Case” is the material on file for an assistance unit as well as the listing and history of the assistance unit on EPICS and JAS.
(o) “Cash value”:
(i) For resources, the amount that would be paid if the resource were sold or converted to cash.
(ii) For income, the amount of the income or the value assigned to the service rendered for in-kind income.
(p) “Categorically eligible”:
(i) For POWER, adult member of the assistance unit who is income and/or resource eligible for child care assistance because he/she is included in the assistance unit’s POWER payment.
(ii) For Food Stamps, the adult Food Stamp recipient who is eligible for child care assistance because he/she is participating in the Food Stamp E & T program.
(q) “Central Registry” means an electronic record maintained by DFS of persons who have been the subject of a child abuse or neglect complaint. The record contains the findings of the child protection investigation. The Central Registry is not a list of court adjudications.
(r) “Certified provider” see Licensed provider.
(s) “Child Abuse-Neglect Record Check” is the process of examining the Wyoming Department of Family Services’ Central Registry and other department records to determine if an individual has been the subject of a child abuse or neglect investigation.
(t) “Child care” is the direct care and services to infants and children in the child’s own home or another facility, not to exceed sixteen (16) hours in a twenty-four (24) hour day unless overnight travel is necessary for the parent(s)/caretaker(s) to accept or retain employment
(u) “Child care facility” is the business that keeps or cares for more than two (2) minors at the request of the parent(s), legal guardian(s) or an agency responsible for the daily care and control of those children when the responsible party is not present.
(v) “Child care review” is a review of all eligibility factors at least once every six (6) months.
(w) “Child support” is voluntary, including military allotments, or court ordered payments made by an absent parent for the purpose of meeting the needs of his/her child(ren).
(x) “Child Support Enforcement Services (CSES)” is a legal entity charged with maintaining a child support enforcement program at the judicial district level. The CSES complies with the provisions of state law and Title III of Public Law 104-193. The local agencies are known as the Child Support Authority (CSA).
(y) “Commingled” is a financial account in which countable and exempt funds are mixed together.
(z) “Component activity” is an educational, training, or employment related activity described in the current Food Stamp E & T regulations and approved by the United States Department of Agriculture or a work activity defined in the current POWER work requirement administrative rules.
(aa) “Countable” is a category of income or resources taken into consideration when determining eligibility.
(bb) “Criminal History Prescreen” is a prescreening by DFS of Wyoming Criminal records limited to certain crimes against persons and various crimes involving children.
(cc) “Date of eligibility” is the day benefits are required to begin. This is the date of the child care application, the first day the child received care or the date the approved employment or educational component or work activity began, whichever is later.
(dd) “Death benefit” is the benefit received as a result of another’s death. Death benefits include:
(i) Proceeds of life insurance policies received due to the death of the insured,
(ii) Lump sum death benefits from SSA, RR burial benefits, VA benefits,
(iii) Inheritance in cash or in-kind, or
(iv) Cash or in-kind gifts given by relatives, friends, or community to assist with death related expenses.
(ee) “Department of Family Services (DFS)” is Wyoming department responsible for the provision of child care purchase of services. DFS-FO is a department field office. DFS-CO is the department central office.
(ff) “Developmentally Delayed (DD)” is a child who is experiencing developmental delays in one or more of the following areas:
(i) Cognitive development,
(ii) Physical development including hearing and vision, language and speech development,
(iii) Psychosocial development, or
(iv) Self-help skills.
(gg) “Documentation” is the act of entering in the case file or in the case computer record the proof or statement of proof the verification or action was accomplished.
(hh) “Economic Assistance Specialist (EAS)” is an employee of the DFS who case manages economic assistance cases including the determining of eligibility for child care services.
(ii) “Educational program” is a postsecondary course of study, not exceeding the first associate or baccalaureate degree (unless the associate degree was received while the parent(s)/caretaker(s) was pursuing a baccalaureate degree as the original educational goal). The program is designed to assist the student in obtaining employment in a specific job when the course of study is complete.
(jj) “Eligibility factor” is a specified condition an applicant/recipient must meet in order to qualify for child care assistance.
(kk) “Eligible” qualifies for child care assistance after meeting all of the specified conditions or factors.
(ll) “Emancipated” is a person who has obtained the legal status of an adult. Under W.S. 14-1-101 a minor can be emancipated as follows (see Financial responsibility):
(i) Is or was married,
(ii) Is in the military service of the United States, or
(iii) Has a decree of emancipation from a district court.
(mm) “Employment” is an activity in which an individual works for income.
(nn) “Eligibility Payment Information Computer System (EPICS)” is the computer system used by the DFS for the POWER, Food Stamp and Medicaid programs.
(oo) “Employment & Training (E & T)” is the employment and training program as described in the current Food Stamp E & T regulations and approved by the United States Department of Agriculture.
(pp) “Employment training” is a planned, supervised program which may be a combination of classroom and on-the-job training experiences that imparts knowledge or develops skills or abilities to prepare a person for employment.
(qq) “Equity value (EV)” is the amount of money the sale of property would bring on the open market in the community where the property is located less any legal debts (such as mortgages, loans, penalties, cost of sale, etc.) against the property or resource.
(rr) “Exempt” is a category of income, resources of circumstances not subject to program policy or limits and will not be counted for eligibility purposes.
(ss) “Family day care home (FDCH)” is a licensed facility in which no more than six children are in care.
(tt) “Financial responsibility” means answerable for providing the funds to meet the needs of a spouse and/or child(ren). Under child care rules a:
(i) Parent is responsible for a natural child, adopted child, or stepchild until age eighteen (18) or emancipated when the child is eligible and living with the parent.
(ii) Spouse is responsible for his/her spouse when they live together.
(iii) Legal guardian of a child may be responsible for the support of that child if so directed by court order.
(uu) “Foster care provider” is the person(s) caring for the child(ren) placed in a care facility by the DFS.
(vv) “Foster child” is a child who been has placed in a foster care home or facility by DFS.
(ww) “Fraud” is documented deliberate misrepresentation, concealment or nondisclosure of information by an applicant, recipient, or provider pertaining to an eligibility or billing factor:
(i) To obtain assistance or provider payment,
(ii) To remain eligible for assistance or provider payments, or
(iii) To avoid a decrease in assistance or provider payment, or
(iv) For obtaining payment for services that were not rendered.
(xx) “Fugitive felon” is a person fleeing to avoid prosecution, or custody or confinement after conviction (Section 408 of Public Law 104-193, as amended):
(i) Under the laws of the state from which he/she is fleeing; and
(ii) For a crime, or an attempt to commit a crime, which is a felony under the laws of the state from which he/she is fleeing, i.e., murder, burglary, etc.
“Garnishment” is a legal withholding of a specified sum from wages to satisfy a creditor.
(zz) “General Equivalency Diploma (GED)” is the document that indicates a person has passed prescribed testing to obtain the equivalent of a high school education without the diploma.
(aaa) “Group day care center (GDCC)” is a licensed child care facility which provides child care services for twelve (12) or more children.
(bbb) “Group day care home (GDCH)” is a facility which provides child care services for seven (7), but not more than eleven (11) children.
(ccc) “Guardian” is an individual appointed by the court to care for a person as reflected in a court order specifying the guardianship.
(ddd) “Household (HH)” refers to the person or persons occupying one (1) or more rooms of a house, apartment or mobile home and may include one (1) or more assistance units and/or ineligible person(s).
(eee) “Household circumstances” are situations that could have an effect on one of the eligibility factors.
(fff) “Immediate family” are the minor brothers, sisters, stepbrothers, stepsisters, half brothers and half sisters who live together with their parent(s)/caretaker(s) in the same residence. Immediate family is used to determine if the provider selected by the assistance unit needs to be licensed.
“Income” is money received from any source but not any item specified in rules as a resource:
(i) Countable income - the total of gross earned and gross unearned income expected or received by the assistance unit for a specified month and includes child support received by the applicant or recipient.
(ii) Earned income - a payment received in cash or in-kind for wages, salary, tips, commissions as an employee or net profit from activities in which the individual is engaged as self-employed. It is the total income before deductions for personal or employment expenses and excludes the meal allowance used to compute Federal Insurance Contribution Act (FICA).
(iii) Exempt income - money set aside or free from program policy or limits and is not counted.
(iv) Fluctuating income - income that varies in frequency of receipt or income that varies in amount each month due to:
(A) Working overtime,
(B) Hourly pay with varying hours,
(C) Receipt of tips or commissions,
(D) Changes of hours or pay rate, or
(E) Decrease or increase in hours of work due to vacations or sick leave or seasonal employment.
(v) Gross income - the total money the person is entitled to receive, prior to any deductions such as Social Security, withholding tax, garnishments, etc.
(vi) Infrequent income - income that is less than $50 per individual when received and not received more often than once every calendar quarter.
(vii) In-kind income - the receipt of a good(s) or a service(s) instead of money or cash. In-kind earned income is considered when the applicant/recipient has a legal interest in a liquidated sum and has the legal ability to make such sum available for support and maintenance.
(viii) Net income - the gross receipts from self-employment less the current business expenses.
(ix) Nonexempt income - all money received to which the program policy limits are applied and is countable.
(x) Ongoing income - money received on a regular basis not less frequently than monthly and is expected to continue.
(xi) Periodic income - money that is not received on a regular basis.
(xii) Stable income - income received in a set/fixed amount from the same source(s) on a regular basis and there is no additional income which fluctuates.
(xiii) Unearned income - all money received not earned by providing goods and services or defined as a resource.
“Infant” is a child under two (2) years old.
(iii) “In-home care” is child care provided in the child’s own home. In-home care is for any number of children who are immediate family members residing in the child(ren)’s home.
(jjj) “Insurance settlements” are the money received by a person(s) from a company for damage of property or person.
(kkk) “Intentional program violation (IPV)” is the action by an applicant, recipient or provider of making a false or misleading statement or misrepresentation, concealment or withholding of facts for the purpose of:
(i) Establishing or maintaining eligibility for child care assistance, or
(ii) Increasing or preventing a reduction in the amount of child care assistance or payment.
(lll) “JOBS Automated System (JAS)” is the computer system for the POWER work requirement, Employment and Training and Child Care Purchase of Service programs.
(mmm) “Knowledgeable source” is a person who has considerable degree of familiarity of a subject gained through experience of or association with the individual or subject. For a resource, a person who is professionally aware of the value of the property in the community.
(nnn) “Legal barrier” is a legally binding restriction on the right to sell the client’s share or ownership of the property or resource. The legal document stipulates a restriction or barrier to sale or ability to convert to cash.
(ooo) “Licensed provider” is a provider who meets the licensing standards established by DFS.
(ppp) “Loan” is a debt the borrower has an obligation to repay. A bona fide loan is one where there is a written agreement to repay the loan. Bona fide loans the assistance unit has an obligation to repay are not counted as income or resources.
(qqq) “Lump sum” is a payment of earned or unearned money made not more than once per quarter.
(rrr) “Minimum health and safety standards” are requirements established to assure the health and safety of a child(ren) receiving child care services. (45CFR 98.41)
(sss) “Minor” is a person under eighteen (18) years old who does not meet Wyoming’s emancipation laws.
(ttt) “Month” is:
(i) Current month - the month in which eligibility is determined.
(ii) Payment month - the calendar month for which the assistance is issued.
(uuu) “Month received” is the calendar month in which the payer or source made the money available or the individual receives the money in hand, whichever occurs first. Exception: SSA, SSI, VA and POWER received at the end of the month are considered for the following month.
(vvv) “Need” for child care is the time when the eligible parent/caretaker is actually participating in an approved activity or component and the eligible child requires care.
(www) “Net profit” is the gross receipts, less the current business expenses.
(xxx) “Noncooperation or noncompliance” is the act of refusing or failing to comply with a child support, work program or POWER requirement or to work with another to accomplish a common end or specified goal.
(yyy) “Nonexempt or countable” refers to a category of income or resources to be used in budgeting or to which the program policy and limits are to be applied.
(zzz) “Notice of Action” is a written statement, mailed to be received no later than the date of action or the date payment would be received. (W.S. 42-2-106 and W.S. 42-2-110) The notice informs the applicant or recipient of the:
(aaaa) “Parent” is a natural, adoptive, or step mother or father of any age. (See Caretaker.)
(bbbb) “Parental access” is allowing parents to visit the child care facility and see their children at any time. (45 CFR 98.31)
(cccc) “Parental choice” is allowing the parent/caretaker to select any person he/she chooses who meets the definition, requirements and limitations of a provider. (45 CFR 98.30)
(dddd) “Parental obligation” is the portion of the child care cost the parent(s)/caretaker(s) is responsible to pay based on the assistance unit size and income.
(eeee) “Personal Opportunities With Employment Responsibilities (POWER)” refers to the Wyoming program under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193, as amended) and the Wyoming welfare reform statutes.
(ffff) “POWER work requirement” the POWER performance requirements which include work activities, registration at ERD and referrals to DVR or SSI.
(gggg) “Program requirement” is the specification an eligibility factor must be met.
(hhhh) “Prospective budgeting” is using the best estimate of the income, resources, and circumstances that will exist in the child care payment month to determine household’s benefit.
(iiii) “Provider” is any person who is approved to provide child care services under the child care regulations and rules and who has provided child care services for a child(ren).
(jjjj) “Provider registration process” is completing the Provider Registration Form, and the Child Abuse-Neglect Record Check and Criminal History Prescreening, and assuring the provider meets the minimum health and safety standards.
(kkkk) “Provisional license” is a temporary license issued by DFS which allows operation of a child care facility when provider questions arise. (W.S. 14-4-105)
(llll) “Reapplication” is the completion of an application in writing requesting assistance after being ineligible for child care assistance for more than one (1) calendar month.
(mmmm) “Reasonably expected” is the condition of being in agreement with the belief that an event will occur.
(nnnn) “Reconcile” is to compare the circumstance at two (2) different points in time and adjust for the difference.
(oooo) “Redetermination” is the reverification of each factor of eligibility and a decision of eligibility and payment based on the verified information.
(pppp) “Registered provider” is any child care provider who has completed the Provider Registration Form and received a favorable Child Abuse-Neglect Record Check and Criminal History prescreening. This includes child care providers who are licensed as well as those who are exempt from licensing according to Wyoming law. (W.S. 14-4-102)
(qqqq) “Relative” refers to an individual who is through marriage, blood relationship, or court decree, the grandparent, great grandparent, sibling, aunt or uncle of a child receiving care.
(rrrr) “Resident” is a person who lives or dwells in Wyoming with the intent of making his/her home in the state.
(ssss) “Resource” is all real and personal property owned by a person.
(i) Liquid resources include cash on hand, money in checking or savings accounts, savings certificates, stocks or bonds, IRA’s or Keogh plans, less the penalties for early withdrawal.
(ii) Nonliquid resources are assets that are not cash or financial instruments and cannot be readily turned into cash within 20 working days.
(tttt) “Satisfactory progress” refers to:
(i) In a postsecondary educational work activity, a participant must meet, each term or semester at least a 2.0 cumulative grade point average in her/his degree requirements.
(ii) In a training work activity, the participant must meet quarterly a consistent standard of progress, which includes gains or proficiency levels and a reasonable time limit for completion of the training as determined by the instructor and POWER case manager or EAS.
(uuuu) “Social Security Administration (SSA)” refers to the federal agency which pays benefits under Title II of the Social Security Act for Retirement, Survivors and Disability Insurance (RSDI) and under Title XVI for Supplemental Security Income (SSI).
(vvvv) “Special needs child” is a minor who is developmentally delayed or has a mental or physical incapacity which limits his/her ability to care for him/herself and would be at risk of physical harm if child care was not provided.
(wwww) “Statement” is formal declaration of circumstance(s) as requested by the agency.
(xxxx) “Statewide maximum limit” is the maximum amount DFS will pay for child care as published in the CCDF State Plan.
(yyyy) “Student” is a person attending high school, employment training programs or postsecondary undergraduate program.
(zzzz) “Substitute provider” is a person who meets the definition of “provider” and who fills in for the provider less than twenty-four (24) hours in a month.
(aaaaa) “Supplemental Security Income (SSI)” refers to the Social Security program under Title XVI of the Social Security Act which provides benefits to aged, disabled or blind persons.
(bbbbb) “Termination” is to close a case and/or individual from the program.
(ccccc) “Trade In Value” is the trade in value of a vehicle according to the Edmunds Automobile Valuation internet site or the lower of two reasonable appraisals of the amount that would be given if the vehicle was exchanged for another or turned in.
(ddddd) “Veteran’s Administration (VA)” refers to the federal agency responsible for services and benefits to veterans.
Section 5. Application Process. The following process is followed when an applicant makes a request for Child Care assistance (W.S. 42-2-105):
(a) A DFS application form is provided or mailed on request during regular business hours when a current application form is not on file in the DFS-FO. If a current application form is on file, the applicant must request child care services in writing.
(b) A signed application form or written request is accepted by the DFS-FO and date stamped upon receipt during regular business hours.
(c) An applicant may request and will receive assistance in completing the application form.
(d) A face-to-face interview is required with the applicant who has not already had an application intake interview.
(e) A separate application is required for each assistance unit.
(f) Applicants are informed of their rights and responsibilities, program requirements and benefits.
(g) Applicants are provided with consumer information upon request concerning informed choices of quality child care. (45CFR 98.30)
(h) Applicants are provided with a list of licensed child care providers upon request.
(i) Applicants are informed concerning the provider licensing or registration requirements and enrollment of providers for payment.
(j) Applicants are advised concerning what verification or documents will be needed to complete the processing of the application and provider enrollment and will be given up to ten (10) days to furnish the information.
(k) Each completed application or written request is acted on within thirty (30) calendar days from the time of its receipt.
(i) An application is approved when an applicant is found to be eligible and there was a child care need.
(ii) An application is denied when:
(A) An applicant is found to be ineligible or has failed to cooperate in establishing program eligibility, has withdrawn the application, died or cannot be located, or
(B) The care was not provided by an approved provider; or
(C) There was not a child care need because the parent/caretaker was not working, attending an approved educational or training program or meeting POWER or E & T work requirements.
(l) Documentation of the action taken on the application and the reason for the action will be made in the case file.
(m) Applicants shall be notified in writing of any action taken on their applications.
(a) The applicant has a right to apply for child care assistance:
(i) Upon request and without delay during regular business hours at the DFS-FO in the county of residence on the prescribed form(s) obtained in person or by mail;
(ii) To be accompanied or represented by person(s) of his/her choice; and
(iii) To request and receive assistance in completing an application or obtaining required verification.
(b) The application and other personally identifiable information are confidential and will not be disclosed except as necessary to determine eligibility or to pay the provider.
(i) Confidentiality regulations are specified in:
(A) W.S. 16-4-203 concerning inspection of welfare program records;
(B) W.S. 42-2-111 concerning prohibited disclosure and use of records;
(C) The Privacy Act of 1974, 5 USC 552(a); and
(D) Public Law 104-193, as amended;
(I) Section 408 concerning fleeing felons and probation and parole violators;
(II) Section 411A concerning aliens and immigrants; and
(E) Section 1137 of the Social Security Act, as amended concerning the Income and Eligibility Verification System which mandates exchange of information with IRS, SSA and unemployment compensation agency.
(ii) The use or disclosure of information concerning clients will be limited to purposes directly connected with:
(A) The administration of DFS programs or SSI. Such purposes include establishing eligibility, determining the amount of the child care payment and approving the child care provider for payment.
(B) Any investigation, prosecution, criminal or civil proceeding conducted in connection with the administration of such programs.
(C) The administration of any other federal or federally assisted program which provides cash or in-kind assistance or services directly to individuals on the basis of need.
(D) Any audit or similar activity conducted in connection with the administration of any such program by any governmental entity which is authorized by law to conduct such audit or activity.
(E) The administration of the state unemployment compensation program.
(F) The administration of the state’s worker’s compensation program as related to providers.
(iii) DFS will make available, upon request, to any federal, state or local law enforcement officer the address, Social Security Number and, if available, a photo identification of a recipient if the officer furnishes the recipient’s name and notifies the agency the individual (W.S. 42-2-111):
(A) Is fleeing to avoid prosecution, custody or confinement for a felony;
(B) Is violating a condition of parole or probation; or
(C) Has information necessary for the officer to conduct an official duty related to a felony or parole violation.
(iv) DFS will limit the report to law enforcement concerning a fleeing felon to the felon’s address when the Department becomes aware of the fleeing felon and a law enforcement officer has not requested the information as specified under (iii). (W.S. 42-2-111)
(v) DFS will report to INS the name and address and other identifying information on any individual who is known to be unlawfully in the U.S. (Section 411A of Public Law 140-193)
(vi) The following types of information to be safeguarded include, but are not limited to:
(A) The names and addresses of applicants and recipients and amount of child care payments provided.
(B) Information related to the social and economic conditions or circumstance of a particular individual including information obtained from the Internal Revenue Services and SSA which must be safeguarded in accordance with procedures set forth by those agencies.
(C) Agency evaluation of information about a particular individual.
(D) Medical data, including psychological evaluations. All medical information will be directly released by the medical professional. Medical information shall not be released without written authorization from the medical professional.
(vii) DFS will allow materials to be sent or distributed to applicants, recipients or medical and child care vendors which are in the immediate interest of the health and welfare of clients. These materials include consumer information.
(c) Applicants and recipients shall be informed in writing or verbally of:
(i) Eligibility factors, verifications and documents needed to process the application and allowed up to ten (10) days to submit the requested verification or document.
(ii) The purpose and length of time for which assistance is provided.
(iii) The rights and responsibilities of applicants and recipients.
(iv) The freedom of parental choice to select the child care provider within the following limitations:
(A) The client cannot change child care providers more than three (3) times within a six (6) month period unless there is good cause; and
(B) The selected child care provider must meet all the Child Care Provider Eligibility and Payment Requirements as stated in Section 14 of this chapter.
(v) The right to request an administrative hearing within thirty (30) days from the date of an adverse notice. (W.S. 42-2-110)
(A) The Child Care, Purchase of Service payment will not be authorized pending the administrative hearing decision on a client request for a hearing.
(B) The administrative hearing processes in W.S. 16-3-107 through 16-3-112 will apply.
(vi) The right to receive consumer information concerning the selection of quality child care. (45 CFR 98.33)
(vii) The right to receive a list of licensed child care providers upon request.
(viii) The right to unlimited access to providers and to their child(ren) during the normal hours of provider operation and whenever the child(ren) are in the care of the provider. (45 CFR 98.31)
(ix) The right to register a complaint against a provider. Complaints will be referred to the appropriate Child Protective Services or Child Care Licensing unit within DFS for investigation.
(d) A decision on the application will be made within thirty (30) calendar days of the application date. A decision may be delayed for up to sixty (60) days if the provider must be licensed and is following the procedures to complete the licensing process.
(i) The client has the right to a written notice concerning a decision on an application or on any adverse action. See notification requirements in Section 10 of this chapter.
(ii) The applicant/recipient has the right to reapply following denial or termination of benefits.
(e) A minor parent has the right to apply on his/her own behalf.
(a) Client responsibilities:
(i) Complete an application in the manner and form prescribed by DFS. The application must:
(A) Be dated.
(B) Provide an answer to the questions asked on the application and provide verification to support the answers.
(C) Be signed in ink, under penalty of perjury, by the applicant or the applicant’s representative.
(ii) Cooperate with the process of determining initial and ongoing eligibility by providing:
(A) Information essential to reach a decision on eligibility.
(B) Documents for required verification including estimated hours of child care need and the reason for the need.
(C) A written statement authorizing a person to represent the applicant or other assistance unit adults if desired.
(D) Verification of any changes within ten(10) days of the change which may affect eligibility or benefit amount. If the change is not reported and verified within the ten (10) day reporting period, any increase in child care benefits resulting from the change will be effective the date the change was reported and verified.
(E) Verification as specified by DFS to establish the child care provider’s eligibility for payment.
(b) DFS-responsibilities:
(i) Assure child care requirements have been met and established procedures have been followed.
(ii) Inform the clients concerning their rights and responsibilities as outlined in Sections 6 and 7(a).
(iii) Provide an application in the manner and form prescribed by DFS upon request during regular business hours.
(iv) Make a decision on the application within thirty (30) days of the application date and provide the client with written notice concerning the decision.
(v) Act on reported changes immediately to assure the child care services continue without a break or to terminate assistance and provide the client with an adverse action notice.
(vi) Assure the provider has completed the licensing or registration process and has been enrolled for payment.
(vii) Coordinate the authorization of services with the work program case managers or child protective services (CPS) to assure the client’s child care needs are met.
(viii) Review the child care case for possible continuation of child care payments when a POWER, Medicaid or Food Stamp case has been closed because of increased earnings. Notify the client of any adverse actions.
(ix) Audit the billing form using procedures established by the DFS-FO manager.
(x) Assure payments within twenty (20) working days of the bill submission date when the billing passes the audit.
(xi) Assure overpayments have been instituted promptly and within the established guidelines.
(xii) Establish a procedure for handling client and provider complaints.
(a) Each factor of eligibility shall be verified either by considering the worker’s observation/knowledge when appropriate, or using other sources of verification when it is not appropriate to verify through observation/knowledge.
(b) Approved cases will include documentation in the case file as to how each eligibility factor was met and the amount of payment.
(c) The application will be denied or assistance terminated when eligibility cannot be determined because the applicant/recipient refuses to provide the requested documentation or the written consent to obtain the documentation.
(d) Denied cases will include documentation in the case file of the reason(s) for the denial.
(e) The following eligibility factors must be met:
(i) Eligible persons.
(A) Child care assistance shall be available for a child who is under age thirteen (13) years, a child over thirteen (13) who has special needs, is developmentally delayed, or is physically or mentally incapable of caring for himself or herself as verified by a physician or licensed or certified psychologist, or under court supervision.
(B) Child care assistance is available only to children who live with their parent(s) or caretaker(s) when the parent(s) or caretaker(s) is participating in an approved activity outside the home.
(C) Child care assistance shall be available only when the child(ren)'s parent(s)/caretaker(s) participates in at least one of the following approved activities outside the home:
(I) Employment;
(II) Employment Training program;
(III) Educational program;
(IV) POWER work requirement; or
(V) Food Stamp E & T activity.
(D) Child care assistance shall be available for a child(ren) in a two parent/caretaker assistance unit when both parents/caretakers are participating in an approved activity during the same hours.
(E) Child care assistance shall be available for a child(ren) in a two parent/caretaker assistance unit when one parent/caretaker is disabled and unable to care for the child(ren) if:
(I) Child care is necessary to allow the other parent/caretaker to maintain employment, and
(II) The disability and the parent/caretaker's inability to care for the child(ren) is verified by a medical professional, and
(III) Verification has been submitted to document the parent with the disability is following prescribed medical treatment, and
(IV) The assistance unit is pursuing and accepting any other available resources to move the assistance unit toward self sufficiency, and (F) Child care assistance shall not be available to an assistance unit if fraud against DFS has been established in a court of law or by a DFS hearing officer. The assistance unit is ineligible until all penalties have been served and full restitution has been made.
(G) Child care assistance is not available when the parent/caretaker fails to remain eligible for POWER, Food Stamps or Medicaid by noncooperation with program requirements. The client is ineligible for child care assistance until he/she:
(I) Cooperates with the POWER, Food Stamp or Medicaid program requirements; or
(II) Has not received a POWER payment within thirty (30) days and becomes employed twenty (20) or more hours per week.
(H) Child care assistance is available for a child(ren) whose parent(s)/caretaker(s) is attending an approved educational program, including college undergraduate study when:
(I) The parent/caretaker is making satisfactory progress, and
(II) The educational program does not exceed the first associate or baccalaureate degree unless the associate degree was received while the parent(s)/caretaker(s) was pursuing a baccalaureate as the original employment goal.
(I) Child care assistance is available for a child(ren) whose parent(s)/caretaker(s) is self-employed.
(J) Child care assistance is available for a foster child(ren) whose foster parent(s) is participating in an approved activity.
(K) A minor parent(s) who lives with his/her parent(s) may receive child care assistance if the minor parent(s) and her/his parent(s) are all working or attending an educational program during the same hours.
(L) Child care assistance is not available to fugitive felons.
(M) Child care assistance is available when the parent(s)/caretaker(s) has not been found guilty of fraud in a court of law or by the DFS hearing officer and an overpayment has been established and the parent/caretaker is in compliance with the repayment agreement or made full restitution.
(N) Child care assistance is available for a child(ren) living in an assistance unit whose income is within the income standards per Sliding Fee Scale in Appendix A.
(ii) Residency/identity/citizenship/Social Security Number.
(A) Except for migrant working families, families must be Wyoming residents.
(B) The assistance unit cannot be receiving assistance from another state.
(C) Proof of identity for each applicant/recipient and eligible child is required.
(D) The eligible child must be:
(I) A citizen of the United States; or
(II) A child of a legal alien parent(s)/caretaker(s) as defined and identified under P.L. 104-193.
(E) Verification of Social Security Number or verification of application for a social security number of each applicant/recipient and child is required.
(iii) Income. The income criteria in Appendix B and C shall apply in addition to the following special considerations.
(A) The parent’s income and resources are considered in determining eligibility for child care services.
(B) The caretaker’s income and resources are considered according to the court order. The caretaker’s voluntary contribution statement is used when there is no court order.
(C) A foster parent’s income and resources are not considered in determining eligibility for a foster child.
(D) Income eligibility is determined prospectively using the best estimate of income which will be available during the payment month(s).
(I) The current month’s ongoing gross income is used as the best indicator for the assistance unit’s eligibility. Any other income which will be received during the benefit period will be calculated as anticipated. The sources of income are converted to a monthly average for the benefit period.
(II) Past months are considered as an indicator of the types of income that may be received during the benefit period for prospective budgeting when income is received periodically.
(III) To determine prospective monthly income add the total of the following:
(1.) Anticipated monthly income.
(2.) The amount of periodic income is multiplied by number of the times it is expected to be received within the benefit period unless the income can be excluded as infrequent or irregular. Divide that amount by the number of months in the benefit period.
(3.) Divide the total amount of income specified in an annual employment contract, regardless of the amount paid monthly, by twelve (12) to arrive at a monthly average.
(4.) Gross income from weekly amounts is multiplied by 4.3; bi-weekly amounts by 2.15; semi-monthly amounts by 2 and monthly amounts by 1.
(5.) The monthly amount is rounded up to the nearest dollar.
(E) Available/Accessible income to the assistance unit is considered and verified in determining eligibility:
(I) The income of all assistance unit members living together.
(II) The income of the minor child who needs child care and the minor parent.
(III) Income of a child(ren) who is ineligible for child care assistance is not counted.
(IV) The income of a legal guardian, grandparent or relative other than the parent is exempt unless there is a court order specifying the individual is financially responsible for the child(ren).
(V) The criteria in Appendix B will be used to determine if the income is exempt or nonexempt using the following special considerations.
(1.) Accumulated vacation and sick pay is countable when the money is paid to the individual.
(2.) Burial fund is countable when the money withdrawn from a burial fund is used for a purpose other than burial expense.
(3.) Contributions to the assistance unit are countable.
a. The amount of the contribution of a nonfinancially responsible person living with the assistance unit is used according to that person’s written statement.
b. The amount of the contribution of anyone living elsewhere is used according to their written statement.
(4.) Death benefits are nonexempt when the amount received exceeds the deceased person’s last illness and burial expenses.
(5.) Infrequent or irregular income including gifts, interest, etc. which cannot reasonably be anticipated, is in the form of cash or check and is received only once during a calendar quarter is exempt when the total does not exceed fifty dollars ($50) per individual in the assistance unit.
(6.) Insurance Settlement - Money received by a person(s) from a company for damage of property or person for trauma is income. Any cash received from medical or liability insurers for medical services already received by the individual is not income. However, any amount received which exceeds the actual cost of the medical expenses is counted as unearned income.
(7.) Joint bank account.
a. The applicant or recipient may provide proof money deposited in the account was the conversion of a resource to cash and therefore a resource.
b. The money in the account on the first of the month is considered a resource.
c. The money deposited during the month is considered as income to the assistance unit when not already used to determine eligibility for the month.
(8.) Lump sum.
a. The total amount less legal fees required to make the money available and less the amount designated by the payer or source for medical expenses is considered.
b. A lump sum (one-time payment) may cause a recipient to become ineligible or eligible for reduced benefits if the amount cannot be excluded using the infrequent and irregular policy.
c. The period of ineligibility or reduction, when appropriate, begins the month following the month the lump sum is received.
d. The period of ineligibility is determined by dividing the lump sum amount by the maximum income limit on Appendix A plus one dollar ($1.00) for the assistance unit size.
e. The result is the number of months the assistance unit will be ineligible for child care assistance. Any fractions will be rounded up.
f. A shortened period of ineligibility is allowed in the specified situations and under the specified conditions:
i. First, one of these situations must exist:
A. The assistance unit incurs and pays medical expenses not covered by health insurance or a third party.
B. The lump sum becomes unavailable to the assistance unit because of a disaster which was beyond the assistance unit’s control. The reasons considered beyond the control of the assistance unit are the occurrence of an earthquake, fire, flood, tornado, robbery, or furnace breakdown and/or broken water pipes in the home when owned by a person in the assistance unit.
C. The lump sum was received from an insurance policy payable because of a loss or reimbursement for the actual cost of replacement. It does not include payment received for “pain and suffering.”
D. The lump sum payment was issued in error and written verification from the payer is received indicating the client is required to return the lump sum money.
ii. Second, all of these conditions must be met:
A. The lump sum was spent for food, clothing, and/or shelter prior to when the disaster occurred; and
B. The lump sum has been or will be spent for expenses related to the situation; and
C. The assistance unit has no other income or resources to meet the expenses of the disaster.
(9.) Room and/or board income - The net income is determined as follows:
a. The client can prove that the vacancies are filled through advertisement.
b. The charge(s) for the service(s) is equal to the ongoing rate for such services in the community.
c. The utility expense is deducted. The utility expense is calculated by dividing the number of income producing rooms (excluding bathrooms, closets and hallways) by the total number of rooms in the building and multiplying the resulting percentage times fifty-seven dollars ($57), to arrive at the expense of providing utilities.
d. An amount of twenty dollars ($20) per month for the expense of maintaining the room is deducted.
e. The Food Stamp Thrifty Food Plan amount per person is deducted for the expense of providing board.
(10.) Self-employment - The net income is determined as follows:
a. The business expenses such as cost of merchandise, supplies, rent, utilities and upkeep of the premises as determined. Business expenses also include labor, feed, seed, machinery repairs, transportation required to perform the service or deliver the goods and taxes or any other expense connected solely with the function of the business. Business expenses do not include such items as depreciation, personal expenses, entertainment expenses, personal transportation, purchase of capital equipment and payments on the principal of loans for capital assets, equipment or vehicle.
b. The net profit will be determined by subtracting the business expenses from the gross income.
c. To determine farm self-employment net income operating expenses from the operation of a farm by a person on his account, as an owner, renter or sharecropper are subtracted from the gross receipts. Gross receipts include the value of all products sold, government crop loans, money received from the rental of farm equipment to others, and incidental receipts from the sale of wood, sand, gravel, and similar items. Operating expenses include cost of feed, fertilizer, seed and other farming supplies, rent, interest on farm mortgages, farm building repairs, farm taxes (not state and federal income taxes) and similar expenses. The value of fuel, food or other farm products used for assistance unit living is not included as part of net income.
d. The net profit from the business is the countable income for determining eligibility.
(11.) Veterans' Administration (VA);
a. Service connected disability payments are exempt when the compensation on an annual basis is not more than one hundred percent (100%) of the federal poverty level (FPL) as determined by OMB. Use the full amount when it exceeds one hundred percent (100%) of the FPL.
b. The portion of the payment made under the Veterans' Educational Assistance Program (GI Bill) actually used for items such as tuition, books, fees and other costs necessary for school attendance is exempt if the same expense is not covered by another loan, grant, scholarship or program.
c. All other payments made through the Veterans' Administration are nonexempt.
(VI) Income eligibility shall be determined as follows:
(1.) Income levels shall be redetermined at least once every six (6) months, or more often when a change of circumstance occurs.
(2.) All countable income including gross earnings and cash benefit programs paid to the client shall be included.
(3.) All income shall be budgeted prospectively.
(4.) Any amount of money given to eligible clients by their employer or any other person, for the purchase of child care shall not be counted as income when determining eligibility.
(iv) The resource criteria in Appendix D shall apply with the following special considerations.
(A) Liquid resources in the form of cash or payable on demand are countable.
(B) Nonliquid resources which are not in the form of cash or financial instruments are exempt.
(C) Exempt one duly registered motor vehicle or the aggregate value of two vehicles for a married couple used as the primary transportation with an average trade-in value of less than twelve thousand dollars ($12,000). The equity value of all other vehicles is considered.
(D) Resource eligibility is determined prospectively.
(E) The total countable resources shall not exceed $2,500 per assistance unit.
(F) Resources of all assistance unit members living together are considered:
(I) Resources of a spouse are available to a spouse,
(II) Resources of parents are available to their minor children who are unemancipated by Wyoming law or who are not minor parents, and
(III) Resources of a legal guardian are available to the children as provided for in the court order of guardianship.
(G) Resources are not available when there is a legal barrier or restriction.
(H) The home where the assistance unit is no longer residing is not available when there is a bona fide effort to sell the property.
(I) The applicant/recipient is required to obtain fair market appraisals when the value of the resource(s) causes ineligibility and is disputed by the applicant/recipient.
(J) All resources are exempt in determining eligibility unless specifically listed in Appendix D as nonexempt.
(K) Resources acquired during a month which exceed the resource limit cause ineligibility for the same payment month.
(L) An applicant/recipient is allowed to sell and buy or exchange ownership of a home for another home when there is evidence to establish purchase, exchange or construction that will be completed within six (6) months from the date the contract was executed.
(M) Advanced Earned Income Credit (AEIC) and Earned Income Credit (EIC) are exempt in the month received and the following month. Any remaining portion shall be considered a nonexempt resource in the third month.
(N) The earned income savings of a dependent child, excluding a minor parent, who is a full time secondary student under the age of eighteen (18) is exempt when designated for future educational purposes and not commingled with nonexempt funds.
(O) The transfer of a resource for less than fair market value within two (2) years prior to application when the applicant/recipient cannot provide proof the transfer occurred for reasons other than gaining/maintaining eligibility. (W.S. 42-2-112)
(I) The transferred uncompensated value is determined and any legal encumbrances are deducted to arrive at the uncompensated equity value; and
(II) The uncompensated equity value is divided by the two thousand five hundred dollar ($2,500) resource limit. A fraction is rounded up; and
(III) The resulting whole number is used as the number of months the household is ineligible; and
(IV) The period of ineligibility will begin with the month the transfer occurred.
(P) The cash value of trust funds is nonexempt when the applicant/recipient has a legal interest or has a legal ability to make the funds available to meet day to day needs or the funds can be made available upon demand.
(a) The client or child care provider is required to use a form prescribed by DFS to report child care expenses and to submit it monthly to DFS.
(b) All bills will be reviewed for auditing purposes prior to authorizing payment for child care services.
(c) The following steps are used to determine the DFS payment level:
(i) The type of child care provider is determined.
(ii) The actual charge for child care is determined.
(iii) The actual charge is compared to the local market rate for the type of care used and the state maximum limit.
(iv) Payment for the lowest amount of actual charge, local market rate, or State limit is authorized.
(v) If the actual charge exceeds the local market rate or State limit, the client is responsible for the balance.
(d) Participants in the Food Stamp E & T program will be limited to child care assistance as outlined for the E & T program unless the subsidy payments are made through the CCDF.
(e) Payment will be made only for the actual time while the recipient is actively participating in work, employment training, an educational program, a POWER work requirement activity, or a Food Stamp Employment and Training (Food Stamp E & T) component activity.
(i) Subject to the availability of funds, provide to recipients in an approved education program under W.S. 42-2-109(a) at least two (2) hours of dependent day care, if needed, for each hour the applicant is required to be in class, laboratory or other required instructional activity not to exceed the statewide maximum limit.
(ii) Child Care benefits for self-employment activities shall be authorized according to the monthly net income divided by the federal minimum wage. The result is the number of child care hours which may be authorized per month.
(iii) One hour per day for lunch, if it occurs during the activity schedule, is allowed except for those participating in a Food Stamp E & T component.
(iv) No more than twelve (12) hours per month for a maximum of two months in each twelve (12) month period for Food Stamp E & T individual job search is allowed.
(v) Child care hours for the actual time the client participates in a POWER work requirement activity as verified by the POWER work requirement case manager are allowed.
(vi) Up to one hour per day will be allowed when needed for transportation time to the child care provider and the work activity.
(vii) Child care will only be provided for classes that are required to complete the degree or program.
(viii) Time for special situations as indicated by the instructor as part of the class work can be allowed.
(ix) No time will be allowed for study time.
(f) Payment for child care services cannot exceed sixteen (16) hours in a twenty four (24) hour day unless:
(i) Overnight travel is necessary for the parent(s)/caretaker(s) to accept or maintain employment, and
(ii) The absence of the parent(s)/caretaker(s) does not exceed thirty (30) days.
(g) Payment to hold a child care slot or for hours not used by the client are not allowed unless contracted by DFS as part on an expansion/collaboration project.
(h) Duplicate payment by DFS when child care is paid by other programs, agencies or persons is prohibited.
(i) The amount given to the client or child care provider by another source for child care is deducted from the bill prior to DFS payment of the bill.
(j) Payment of child care for arrangements not authorized by DFS are the sole responsibility of the client.
(k) Payments for services not related to the child care program referred to in these rules are not allowed. Refer the client for other appropriate social services.
(l) Payment is made directly to the child care provider and not to the client.
(m) Payment to the provider will be made based on the provider’s usual rate schedule for pay customers but not to exceed the provider’s daily, weekly, or monthly rate and not to exceed the hourly rate established by the provider for DFS purposes, whichever is less.
(n) Hourly rates based on the child’s age will be determined by the child’s age on the first day of the month.
(o) Payment for substitute providers will be the responsibility of the provider who hired the substitute.
(p) DFS field office worker is required to authorize payment on the DFS computer payment system.
(q) The state has no responsibility for unpaid bills for child care fees charged above the state rates or for the collection of the parent(s)/caretaker(s) obligation for the cost of care.
(r) Rates for all child care program categories except payments made with Food Stamp E & T funds shall be based on Sliding Fee Scale in Appendix A.
(s) Payments subject to Food Stamp E & T regulations are limited to two hundred dollars ($200) per month for infants and one hundred seventy-five dollars ($175) per month for children two years or older.
(t) Up to an additional two hundred fifty dollars ($250) per month may be paid for providing special needs services for the care of a child with documented physical or psychological special needs.
(i) The special needs must be verified and specified by a medical professional.
(ii) The provider must submit proof of specialized education, experience and/or training to meet the special needs of the child from an appropriate professional.
(iii) The parent or caretaker must apply for and accept any services which are available to meet the special needs before special needs child care can be approved.
(iv) A DFS or contract supervisor must approve the payment.
(v) Special needs child care is not respite care.
(u) Payment starting date for new cases is the date of the child care application, the date the child first enters care, or the date the parent began the approved activity, whichever is later when the provider has met the provider eligibility requirements during the thirty (30) day application processing time.
(v) Payment starting date for ongoing cases when a provider change is made is the date the change occurred when the Provider Registration process is completed within the ten (10) day period for reporting changes or the date the Provider Registration is completed when not reported and verified or not completed within ten (10) days of the change.
(w) When ten percent (10%) of the funds are remaining, only the following will be eligible: assistance units where the parent(s)/caretaker(s) is working with income through step two of the sliding fee scale in Appendix A and children in all steps who have special needs. (45 CFR 98.44)
(a) Authorization begins with the date of the child care application, the date the approved activity begins, the date the child first entered child care, whichever is later. The provider must meet the provider eligibility requirements during the thirty (30) day client application processing time or during the client change of report period.
(b) Child Care benefits shall not be authorized for more than six (6) months at a time.
(c) Child Care benefits for students shall be authorized according to the length of time their studies are scheduled (i.e.; college - length of time per semester; vocational class - length of time expected to complete) not to exceed six (6) months at a time.
(d) Child Care benefits for seasonal workers shall be authorized according to the type of work and expected length of time the work will continue.
(e) Child Care benefits for POWER work requirements and/or Employment & Training (E & T) activities shall be authorized according to the schedule established by the assistance unit's POWER work requirements and/or E & T worker but for no longer than six (6) months at a time.
(a) Applicants of child care assistance shall be notified in writing within thirty (30) days of the date of application the application has been approved and the amount and duration of the programs or the reason for denial of the application.
(b) Recipients of child care assistance shall receive in writing a notice of action when benefits are reduced or terminated. The notice shall give the effective date and reason for the action. Termination does not mean expiration of the authorization.
(c) Written notice of reduction or termination of benefits shall be mailed to be received no later than the effective date of action or the date payment is made. The notice will include the applicable legal citations and the recipient's rights to an administrative hearing.
(d) It is the client's responsibility to complete the Child Care Review prior to the expiration of the eligibility period to ensure continuity of benefits. The State accepts no responsibility to send reminder notices the authorization or eligibility period is ending.
(a) A reconciliation of prospective eligibility:
(i) Is not required when the best estimate of prospective circumstances was used at the time of the eligibility determination but may be used if requested by the client and new circumstances are verified;
(ii) Is not made when a case is terminated or denied because of expiration of the application processing time, the client has failed to cooperate or because the authorization or entitlement period expired; and
(iii) A reconciliation can be made within thirty (30) days from the date of denial or termination.
(b) An Authorization Review consists of determining the assistance unit is eligible before writing an authorization for services.
(c) A Child Care Review is required at least once every six (6) months.
(i) All eligibility factors are reviewed.
(ii) A face-to-face or telephone interview may be used to complete the review.
(iii) A review can be conducted more often when there is reason to believe the household circumstances changed and have not been reported or were previously misrepresented.
(d) Good cause for changing child care providers more than three times in a six month period is:
(i) The provider no longer provides child care services.
(ii) The child care provider is required to be licensed but is no longer licensed.
(iii) The provider is ill and unable to care for the child(ren) temporarily.
(iv) The child’s special needs are not being met by the current provider.
(v) Imminent danger to the child.
(vi) Other factors as determined by DFS-FO manager.
(e) Good cause for untimely reporting/verifications is:
(i) The applicant/recipient was out of town due to illness or death of a parent, grandparent, child, grandchild or sibling during the timely reporting period.
(ii) The relative/caretaker or child in the household was in the hospital during the timely reporting period.
(iii) The postmark on the envelope proves the information, change report and/or verification(s) was late due to problems in the postal service.
(iv) Circumstances of weather or disaster prevented the delivery or return of the information, change report and/or verification(s).
(v) Other circumstances beyond the parent’s/caretaker’s control for which no alternative was available.
(a) An overpayment claim will be filed against an assistance unit when it is discovered the assistance unit received benefits to which it was not eligible.
(b) The overpayment will be established from the date the overpayment occurred.
(c) An overpayment claim will be filed against a child care provider when:
(i) The provider overcharged the agency.
(ii) The provider misrepresented or gave false information on the Bill for Child Care Services.
(iii) The provider hired a person as a substitute who did not meet the substitute definition.
(iv) The provider misrepresented the information on the Provider Registration Form and would not have been eligible as a child care provider.
(d) An overpayment claim will be filed against either the provider and/or assistance unit, whichever is appropriate, when it is discovered that the agency created the overpayment.
(i) The overpayment will begin with the month the change would have been effective had the field office acted timely and correctly.
(ii) A claim will be filed against the provider when the child still attends care with that provider.
(iii) A claim will be filed against the assistance unit when the child no longer attends that child caring facility.
(iv) An overpayment to a provider currently receiving child care payments or benefits must be recovered through a reduction in the amount payable to the provider.
(v) Up to the total amount of payment the provider is eligible to receive may be recovered from the provider before payment is issued.
(vi) Recoupment of child care overpayments may be made from POWER benefits upon a voluntary written request of the assistance unit.
(vii) Overpayments to individuals may be recovered from the assistance unit which was overpaid, from individuals who were members of the assistance unit when overpaid, or from an assistance unit which includes members of a previously overpaid assistance unit. In cases of former recipients or recipients who refuse to repay, recovery shall be made by appropriate action under State law against the income and resources of the overpaid individual or assistance unit.
(viii) Underpayments and overpayments may be offset against each other in correcting incorrect payments.
(e) An overpayment and recovery must be established in all cases of fraud (provider or client) and in all cases where the overpayment amount would equal or exceed the costs of recovery.
(i) Cases in which it appears the client or child care provider purposely misreported or failed to report information for more than one payment month, or the circumstances are the same as previous program offenses, will be referred to the DFS Prosecution, Recovery, Investigation, Collection Enforcement Program (PRICE) for possible prosecution or intentional program violation.
(ii) Penalties and procedures will follow those set forth in Chapter 1, Prosecution, Recovery, Investigation, Collection Enforcement Program (PRICE) Rules. In addition the following rules apply:
(A) Reviews will be done by PRICE to determine if referral to the DFS hearing officer or prosecution is appropriate.
(B) The child care assistance unit is disqualified when convicted of fraud in a court of law, until full restitution of all erroneous payments is completed and the court ordered sentence is completed.
(C) The child care provider is disqualified when convicted of fraud through a court of law until full restitution of all erroneous payments is made and the court ordered sentence has been completed and it has been at least five years since the fraud was committed.
(D) The child care assistance unit and/or the provider is disqualified when they were not prosecuted but did lose the disqualification hearing as follows:
(I) Twelve (12) months for the first disqualification; or
(II) Twenty-four (24) months for the second disqualification; or
(III) Permanently, or as specified in the notice from the hearing officer, for the third or subsequent disqualifications; and
(IV) Full restitution is made.
(a) The selected child care provider must:
(i) Be someone other than a mother, father, stepparent, member of the assistance unit, or foster parent who keeps or cares for a minor at the request of the parent(s)/caretaker(s) or an agency that is legally responsible for the child and receives payment for that care.
(ii) Be at least (eighteen) 18 years old or be emancipated in accordance with W.S 14-1-101.
(iii) Be licensed by the State of Wyoming unless the provider is legally exempt from licensing under W.S. 14-4-102.
(iv) Provide care within the State of Wyoming.
(v) Complete the provider registration process.
(vi) Meet all state, local, and federal laws related to operating a child care business.
(vii) Meet the minimum health and safety standards including:
(A) An operable smoke alarm or detector must be installed on all floor levels and an operable telephone must be available where the child care takes place. Exception: A telephone is not required when care is provided in the child’s own home. However, there needs to be a phone nearby that can be used in case of an emergency and the case file must be documented when this exception applies.
(B) The provider must keep immunization records of the children.
(viii) Receive a favorable Child Abuse-Neglect Record Check and a Criminal History Prescreening Report or good cause has been shown.
(A) The provider must furnish the name, Social Security Number and a signed authorization of release from all adult household members and any substitute provider(s) who have access to the child(ren) placed in care.
(I) A Child Abuse-Neglect Record Check and a Criminal History Prescreening Report will be done on these individuals.
(II) The provider will be held responsible for the actions of any employee, substitute or household member who has contact with the child(ren) while the child is in care.
(1.) Refusal of the provider to furnish the name(s) and Social Security number(s); or
(2.) The presence of any person(s) in the child care facility against whom there has been substantiated child abuse/neglect may make the provider ineligible to receive payment from DFS for child care services. (W.S. 14-3-213)
(ix) Allow parental access any time during business hours.
(x) Make the Provider Registration Form available for public viewing upon request.
(xi) The substitute provider must meet the minimum health and safety standards and complete the provider registration process if the care goes beyond twenty-four (24) hours during a month because the provider is no longer considered a substitute.
(xii) Child care providers must meet the requirements of the Americans with Disabilities Act.
(xiii) The provider must maintain accounting records and other evidence services were provided in accordance with each authorization and make these records available to state and federal auditors upon request.
(b) Payment for provider services is allowed only to providers who meet the criteria listed in (a) above as verified by the parent/caretaker.
(c) Payment for provider services is not allowed:
(i) For the period of time the provider is in violation of any federal, state, or local law, rules and/or regulation applicable to a child care business.
(ii) Payment is not allowed when abuse or neglect has been substantiated, unless a good cause determination has been made in accordance with W.S. 14-3-213(c).
(iii) Payment is not allowed to a provider when one of the natural, adoptive parents or stepparents is in the home and available to care for the child(ren). Payment to a provider is allowable if the child(ren) will be at risk of neglect or abuse as verified by Child Protective Services (CPS) if the stepparent or the grandparent in a minor parent situation provides the care.
(iv) An E & T participant is not entitled to the dependent care reimbursement if a member of the E & T participant’s Food Stamp assistance unit provides the dependent care services. (7 CFR 273.7)
(d) The child care provider is not considered a State of Wyoming or DFS employee.
(e) The child care provider is required to complete the prescribed DFS form for child care expenses and return it to the DFS field office within ninety (90) days of when the month of service was provided for DFS to make any payment. Failure to submit the bill within the ninety (90) days will mean the provider’s payment is forfeited unless the delay was the result of agency error.
(i) The DFS payment amount will cover and not exceed the actual eligible authorized hours used at the lowest rate of the actual charge, local market rate, or statewide limit.
(ii) Payment is not allowed to more than three providers per child within a six month period unless good cause has been established.
(f) The State of Wyoming and DFS have no responsibility for unpaid bills for child care fees charged above state rates or for the parent’s/caretaker’s obligation for the cost of care.
(g) The provider has the right to establish the child care rates for his/her facility.
(i) The rates charged to those receiving assistance from DFS must be the same rates as those charged to non-DFS clients.
(ii) When the provider has a rate other than hourly, the provider's rate must be converted to an hourly scale. The rate paid on the hourly scale cannot exceed the provider's daily, weekly, or monthly maximum rate.
(iii) Providers/Directors must submit any change of their rates to DFS using a prescribed DFS form and a copy of the rate sheet they use for non-DFS clients.
(iv) DFS will use the new rate when the provider submits the new rate more than five (5) working days prior to the effective date of the change. When the new rate is submitted less than five working days prior to the change, the new rate will be effective five (5) working days after it is received. The new rate applies only to authorizations written after the rate change.
(h) Payments may continue when a provider requests an administrative hearing pending action taken by the Child Care Licensing Unit unless there is a substantiated child abuse or neglect case.
(i) Overpayment, fraud, and intentional program violation disqualification procedures in Section 13 apply.