Wyo. Code R. 049-0008-1
Child Care - Purchase of Service
Chapter 1: General
Effective Date: 08/07/1995 to 08/02/1996
Rule Type: Superceded Rules & Regulations
Reference Number: 049.0008.1.08071995
GENERAL
Section 1. Authority. Wyoming Statute 42-2-103 (b) (viii) authorizes the Department of Family Services to promulgate rules.
Section 2. Purpose. These rules are adopted to standardize the Division's purchase of child care in Wyoming.
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.
Section 4. Definitions. These definitions apply to all subsequent chapters of Child Care, Purchase of Service (Chapter I through Chapter VIII).
(a) 'Adult' is a person age 18 or a person under age 18 who meets the Wyoming emancipation laws.
(b) 'Adverse Action' is a process to terminate or reduce the child care benefits.
(c) 'AFDC' refers to Aid to Families with Dependent Children, which is public assistance as provided for by Title IV-A of the Social Security Act of 1935, as amended.
(d) 'AFDC-Basic' is AFDC that is not AFDC-UP.
(e) 'AFDC-UP' is the AFDC Unemployed Parent Program.
(f) 'Anticipated Income' is income which is expected to be received in the benefit month. This is the same as prospective income.
(g) 'Applicant' is a person who expresses verbally or in writing a desire to receive assistance.
(h) 'Approved Activity' is work, an educational program (not to exceed an undergraduate degree), or a training program.
(i) 'Assistance Unit' is one or more children living with their parent or caretaker. The parent's income and resources are considered in determining eligibility for child care services. 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. (j) 'Authorization' is issued to a parent/caretaker to show the child(ren) is eligible for child care assistance. The Authorization shows the maximum hours allowed by DFS and the maximum payment that DFS will make. It also shows the client share of the costs. The Child Care Authorization is assistance to the client, not assistance to the provider.
(k) 'Authorization Review' is a review of all eligibility factors each time an authorization is written.
(l) 'Available' for income, the condition of having access to the income which can be used for the needs of the assistance unit.
(m) 'Available' for resources, means the condition of having unrestricted access to convert property to cash which can be used for the needs of the assistance unit.
(n) 'Best Estimate' is a guess of what will occur based on knowledge of the past and present circumstances and future expectations.
(o) 'Budgeting' is the act of calculating the amount of money to be authorized to the assistance unit to meet child care costs.
(p) 'Business Expense' is the cost directly related to the production of the goods or services provided by the operation such as cost of merchandise, supplies, rent, utilities and upkeep of the premises. 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 vehicles.
For farm self-employment: gross receipts minus operating expenses from the operation of a farm by a person on his account, as an owner, renter or sharecropper. 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 family living is not included as part of net income.
(q) 'Caretaker' is an adult related to the child or who has a court order and who is exercising the care and control of the child(ren).
(r) '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/Child Care.
(s) 'Cash Value' for resources is the amount that would be paid if the resource were sold or converted to cash. For income, it is the amount of the income or the value assigned to the service rendered for in-kind income.
(t) 'Categorically Eligible' for AFDC is an adult member of the assistance unit who is income and/or resource eligible for Working, WOW, or AFDC Student-Training child care assistance because he/she is included in the AFDC payment. The adult assistance unit member must be included in the AFDC payment in order for the child(ren) to be categorically eligible. For Food Stamp E & T the adult food stamp recipient must be participating in food Stamp E & T.
(u) 'Central Registry' means an electronic record 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.
(v) 'Certified Provider' see Licensed Provider.
(w) 'Change in Income' is the fluctuation in the amount of money caused by an extra payment, a different job, different hours or a different rate of pay for the same job.
(x) '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 involved in an incident of child abuse or neglect.
(y) 'Child Care' is the direct care and services to infants, and children during a portion of a 24 hour day in the child's own home or another facility. Payment cannot be made for more than 16 hours per day. A child age 13 through 17 who is developmentally delayed or handicapped may also receive assistance for child care. In that situation a written verification from the medical provider is needed to verify the child is unable to care for him/herself.
(z) 'Child Care Facility' is any person who operates a business that keeps or cares for more than two minors at the request of the parents, legal guardian or an agency that is responsible for those children and the responsible party is not present.
(aa) '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).
(bb) 'College' is a type of postsecondary school including vocational schools (such as beauty school, auto mechanics, etc.)
(cc) 'Confidential' is the limitation of the use and disclosure of applicant and recipient information to the administration of the program.
(dd) 'Countable' is income and/or resources taken into consideration when determining eligibility.
(ee) 'Criminal History Prescreen' is a prescreening of Wyoming Criminal records limited to certain crimes against persons and various crimes involving children. It is a check by DFS of limited Wyoming Criminal records.
(ff) 'CSES' refers to the Child Support Enforcement Section within DFS which provides child support services for public assistance and non-public assistance families.
(gg) 'Current Market Value (CMV)' is the amount for which the property can be expected to sell at the time of determination or at the time of transfer or sale on the open market in the community. Same as Fair Market Value (FMV).
(hh) 'Date of Entitlement' is the day that 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 activity began, whichever is later. The provider must meet the provider eligibility requirements during the client application or reporting period time frames.
(ii) 'Developmentally Delayed (DD)' is a child who is experiencing developmental delays in one or more of the following areas: cognitive development, physical development including hearing and vision, language and speech development, psychosocial development or self-help skills.
(jj) 'DFS' is the Department of Family Services.
(kk) 'Disabled Child' is a child who is physically or mentally incapable of caring for himself or herself, as verified by a written determination from a physician or a licensed or certified psychologist or under court order. This term also includes children who are developmentally disabled or have special needs.
(ll) 'Documentation' is the placement in the assistance unit's case file of a copy of the actual document or evidence used to verify an eligibility factor or a detailed description of the evidence.
(mm) 'EAS' is the Economic Assistance Specialist, formerly Public Assistance Worker.
(nn) 'Educational Program' is a course of study, not exceeding the first baccalaureate degree, designed to assist the student in obtaining employment when the course of study is complete.
(oo) 'Eligibility Determination' is the act of evaluating each eligibility factor for each person who applies for child care services and finding the case eligible or ineligible.
(pp) 'Eligibility Factor' is a specified condition that an applicant/recipient must meet in order to qualify or be entitled to receive Child Care Assistance.
(qq) 'Eligible' is entitled to receive Child Care assistance due to meeting all of the specified conditions or factors.
(rr) 'Emancipation' is the condition of being freed from parental care and control resulting from:
(i) Lawfully recognized marriage;
(ii) Reaching the age of majority (18);
(iii) Military service; or
(iv) Having received a declaration of emancipation pursuant to W.S. 14-1-203.
(ss) 'Employment' is an activity in which one engages for income. Full-time is at least 35 clock hours of work per week. Part-time is less than 35 clock hours of work per week.
(tt) 'Encumbrance' is a claim or legal debt(s) against a resource which must be paid when the resource is sold and is supported by a written document.
(uu) 'Entitlement Review' is a review of all eligibility factors at least once every six months. For AFDC and food stamp recipients it is the same as the periodic review.
(vv) 'EPICS' is the Eligibility Payment Information Computer System.
(ww) 'Equity Value (EV)' is the current market value less any legal debts (such as mortgages, loans, penalties, cost of sale, etc.) against the property.
(xx) 'Exempt' is to excuse or release from rules to which others may be held. Exempt resources or income are not counted in determining eligibility.
(yy) 'Evidence' is a verifiable record which furnishes proof of an eligibility factor.
(zz) 'Fair Market Value (FMV)' is the amount of money the sale of property would bring on the open market in the community where the property is located. Same as Current Market Value (CMV).
(aaa) 'Family Day Care Home (FDCH)' is a facility in which no more than six children are in care.
(bbb) 'Financial Responsibility' means answerable for providing the funds to meet the needs of a spouse and/or child(ren). A parent is responsible for a natural child, adopted child, or stepchild until age 18 or emancipated when the child is eligible and living with the parent. A husband or wife is responsible for his/her spouse when they live together. The legal guardian of a child may be responsible for the support of that child if so directed by court order.
(ccc) 'Foster Care Provider' is the person(s) caring for the child(ren) placed in a care facility by this agency.
(ddd) 'Foster Child' for a IV-E foster child is a foster child who is living with a relative. For all other foster children, it is a child(ren) living with a foster care provider who does not meet the definition of relative.
(eee) 'Fraud' is documented misrepresentation, concealment or non disclosure of information by an applicant, recipient, or provider pertaining to an eligibility or billing factor to obtain assistance or provider payment, to remain eligible for assistance or provider payments, or to avoid a decrease in assistance or provider payment, or for obtaining payment for services that were not rendered. This is a result of a court hearing or decision by the disqualification hearing officer.
(fff) 'GED' is a General Education Diploma and considered to be equivalent to a high school diploma.
(ggg) 'Good Cause' for terminating employment is:
(i) The client is physically or emotionally unable to perform the duties or lacks the basic skills to do the job;
(ii) Appropriate child care is not available and cannot be provided by the state agency;
(iii) Employment is reduced or terminated through no fault of the client;
(iv) The client is required to drive more than two hours round trip exclusive of time needed for child care:
(v) Unsafe or unsanitary working conditions exist;
(vi) The job does not pay the applicable state or federal minimum wage or the prevailing wage for like work on the job site or in the community;
(vii) The job results in a net loss of cash income;
(viii) The case manager makes it part of the client's employability plan to quit a job to attend an education or training program;
(ix) The job is defined as an extra hazardous job and the employer does not provide worker's compensation coverage.
(hhh) 'Good cause' for failure to cooperate with child support enforcement is:
(i) Cooperation in establishing paternity or securing child support is reasonably anticipated to result in physical or emotional harm to the child or caretaker which would reduce the caretaker's capacity to care for the child;
(ii) The child, for whom support is sought, was conceived as a result of incest or forcible rape;
(iii) Legal proceedings for the adoption of the child(ren) are pending before a court of competent jurisdiction; or
(iv) A public or private social agency is helping the applicant or recipient resolve the issue of whether to keep the child(ren) or relinquish the child(ren) for adoption, and the discussions have not gone on for more than three months;
(v) All good cause determinations will be made following the procedures outlined in the AFDC rules and regulations.
(iii) 'Good cause' for changing child care providers more than three times in an entitlement period is:
(i) The provider no longer provides child care services for this child.
(ii) The child care provider is required to be licensed but is no longer licensed.
(iii) The parent(s) has more than three approved activities in a month and the first three providers are not able to care for the child(ren) during the times needed for the additional activities.
(iv) The provider is ill and unable to care for the child(ren) temporarily.
(v) The child's special needs are not being met by the current provider.
(vi) Agency error.
(vii) Other factors as determined by EAS.
(jjj) 'Group Day Care Center (GDCC)' is a facility in which care is provided for twelve or more children.
(kkk) 'Group Day Care Home (GDCH)' is a facility in which care is provided for seven, but not more than eleven children.
(lll) 'Household (HH)' refers to the person or persons occupying one or more rooms of a house, apartment or mobile home and may include one or more assistance units and/or ineligible person(s).
(mmm) 'Household Circumstances' are situations that could have an effect on one of the eligibility factors.
(nnn) 'Immediate Family' are the minor brothers, sisters, step-brothers, step-sisters, half brothers and half sisters who live together in the same residence.
(ooo) 'Income' is money received from any source but not any item defined as a resource:
(i) Countable Income is 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 - 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 FICA;
(iii) Exempt Income - money set aside or free from program policy or limits -- not counted;
(iv) Gross Income - the total money the person is entitled to receive, prior to any deductions such as Social Security, withholding tax, etc;
(v) 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;
(vi) Net Income - the gross receipts from self-employment less the current business expenses;
(vii) Nonexempt Income - all money received to which the program policy limits are applied - countable;
(viii) Ongoing Income - money received on a regular basis not less frequently than monthly and is expected to continue.
(ix) Periodic Income - money that is not received on a regular basis.
(x) Unearned Income - all money received that is not earned by providing goods and services or defined as a resource.
(ppp) 'Income Producing Property' is real or personal property that is essential (indispensable or necessary) to the production of goods or services and is used in a trade, busi-ness or other income producing activity. This includes stock (merchandise) inventory, and tools (plumber, carpenter, etc.)
(qqq) 'Infant' is a child under two years old.
(rrr) 'Infant Day Care Center (IDCC)' is a facility in which care is provided for three or more children who are under two years of age. The number of children who may be cared for in a particular infant day care center will depend upon the availability of staff, space and equipment.
(sss) 'Infrequent Income' is income that is less than $30 when received and not received more often than once every calendar quarter.
(ttt) 'In-Home Care' is child care provided in the child's own home. In-Home Care is for any number of children within the immediate family.
(uuu) 'In-kind Earned Income' See Income.
(vvv) 'Insurance Settlements' are the money received by a person(s) from a company for damage of property or person. Insurance payments to repair or replace damaged property area resource. Insurance payments for trauma are 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.
(www) 'Intact Family' is an assistance unit consisting of both natural or adoptive parents and their child(ren) living together whether or not the parents are married to each other.
(xxx) 'Intentional Program Violation' is the action of making a false or misleading statement or misrepresentation, concealment or withholding of facts by an individual for the purpose of establishing or maintaining eligibility for child care assistance or for increasing or preventing a reduction in the amount of child care assistance or payment. This individual may be an applicant, recipient, or a provider.
(yyy) 'Interim Child Care' is child care provided for no more than one week when the parent is between WOW component activities, employment, or educational or training activity.
(zzz) 'JAS' is the JOBS Automated System. It is the computer system for the WOW and Child Care Purchase of Service Programs.
(aaaa) 'JOBS' is the Job Opportunities and Basic Skills Training Program for recipients of AFDC authorized by the Family Support Act of 1988. The JOBS Program is designed to assist recipients to become self-sufficient by providing needed employment-related activities and support services. In Wyoming, the program is called Wyoming Opportunities for Work (WOW).
(bbbb) "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.
(cccc) "Licensed Provider" is a provider who meets the licensing standards established by DFS. Exempt from licensing are providers who are:
(dddd) "Loan" is money given to another which must be repaid and is verified by a written statement.
(eeee) "Local Market Rate" is based on a survey of providers and set at the 75th percentile. See Sliding Fee Scale on Table II.
(ffff) 'Lump Sum Payment' is a payment of earned or unearned money made not more than once per quarter. It is the total amount less legal fees required to make the money avail-able and less the amount designated by the payer or source for medical expenses.
(gggg) 'Minimum Health and Safety Standards' are that the provider must assure there is an operable smoke alarm/ detector on all floor levels and an operable telephone where the child care takes place. The provider will keep immunization records of the children. 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. The providers will be held responsible for the actions of any employee, substitute or family member who has contact with the children while the day care facility is operating.
(hhhh) 'Minor' is a person under 18 years old who does not meet Wyoming's emancipation laws.
(iiii) 'Month' is:
(i) Budget Month - The calendar month in which the income is received by the applicant or recipient. It is the same as the payment month for prospective budgeting;
(ii) Current Month - The month in which eligibility is determined;
(iii) Payment Month - The calendar month for which the assistance is issued.
(jjjj) '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; except SSA, SSI, VA and AFDC when received at the end of the month for the following month.
(kkkk) 'Need' is the time when the eligible applicant/ recipient is actually participating in an approved activity.
(llll) 'Noncooperation' is the act of refusing to work with another or others to accomplish a common end or specified goal.
(mmmm) 'Nonexempt' refers to a category of income or resources to be used or to which the program policy and limits are to be applied.
(nnnn) 'Notice of Action' is a written statement which informs the applicant or recipient of the intended action to be taken in the manner of payment, the amount of payment, the period of eligibility or notification of ineligibility.
(oooo) 'Parent' is a natural mother or father, adoptive mother or father, or step-mother or step-father of any age. The same as a caretaker.
(pppp) 'Parental Access' is allowing parents to visit the child care facility and see their children at any time.
(qqqq) 'Parental Choice' is allowing the parent/ caretaker to select any person he/she chooses who meets the definition of provider to give care to the child(ren) but is limited to no more than three providers within a six month authorization period unless good cause exists. The provider chosen must meet all state and local applicable laws and complete the registration process. The provider must meet the minimum health and safety standards, register as a child care provider, and be 18 years old or meet Wyoming Emancipation law.
(rrrr) 'Political Subdivision' is the State of Wyoming.
(ssss) 'Primary Evidence' is a document or record by an official government agency or public institution which would be accepted in a judicial proceeding as establishing the truth.
(tttt) 'Program Requirement' is the specification of how an eligibility factor is met.
(uuuu) 'Prospective Eligibility' is using the best estimate of the income, resources, and circumstances that will exist in the month child care is provided to determine eligibility.
(vvvv) 'Provider' is any person 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. A provider is a person at least 18 years old or a minor who meets Wyoming emancipation law. The provider must meet minimum Health and Safety standards. The parent/caretaker is limited to no more than three providers within a six month entitlement period unless good cause exists.
(wwww) 'Provisional License' is a temporary license allowing operation of a day care while the facility is attempting to comply with regulations.
(xxxx) 'Purchase of Service' is a method of paying for benefits on behalf of a client. An Authorization is issued to the client with a copy to the provider showing the client's eligibility.
(yyyy) 'Reapplication' is the completion of an application in writing requesting assistance after being ineligible for child care assistance for more than one calendar month.
(zzzz) 'Reasonable Appraisal' is a value given by a knowledgeable source which is close in amount to the similar property values in the community or is logical using prudent judgement.
(aaaaa) 'Reasonably Expected' is the condition of being in agreement with the belief that an event will occur.
(bbbbb) 'Reconcile' is to compare the circumstance at two different points in time and adjust for the difference.
(ccccc) 'Redetermination' is the reverification of each factor of eligibility and a decision of eligibility and payment based on the verified information.
(ddddd) '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.
(eeeee) 'Registration Process' is completing the Provider Registration Form, and the Child Abuse-Neglect Record Check and Criminal History Prescreening, and assuring that the provider meets the minimum health and safety standards.
(ffff) 'Relative' refers to:
(i) any blood relative, including those of half-blood; first cousins, nephews and nieces and persons or preceding generations denoted by prefixes of 'grand' or 'great-great' are included in this definition;
(ii) stepmother, stepfather, stepbrother, and stepsister;
(iii) adoptive or natural parents and their adopted or natural children including siblings related by adoption;
(iv) spouses of any person mentioned above are considered relatives even though the marriage may be terminated by death or divorce.
(ggggg) 'Relative Care' is any child care provided by a child's relative.
(hhhhh) 'Relevant Licensing Rules' are rules promulgated by the department for the licensing of day care facilities for children.
(iiii) 'Resident' is a person who is living in Wyoming with the intention of making his/her home in the state and who is not receiving public assistance from another state.
(jjjjj) 'Resource' is an item of property owned by an applicant/recipient which is cash or can be converted into cash.
(i) Liquid Resources - resources which are in the form of cash or payable on demand. Liquid resources include financial instruments which can be converted into cash within twenty workdays. The most common types of liquid resources are saving accounts, checking accounts, stocks, bonds and mutual funds. Other liquid resources include promissory notes, loans which may not be secured by promissory notes and mortgages. Cash on hand is always counted as a liquid resource except when it is a business asset necessary to the operation of a trade or business that is excluded as necessary for self-support.
(ii) Nonliquid Resources - assets which are not in the form of cash or financial instruments which cannot readily be turned into cash within twenty working days. The most common types of nonliquid resources are nonbusiness real property, personal property which is not readily convertible to cash and business property.
(kkkkk) 'Resource Value' is the current/fair market value less legal encumbrances.
(llll) 'Satisfactory Progress' in an educational component it is a participant in any educational activity who meets, each term or semester, a consistent standard of progress which was:
(i) defined by the educational institution or program in which the participant is enrolled; or
(ii) approved by the State education agency or DFS; and (iii) the curriculum is completed in a reason-able time limit as determined by the WOW case manager or EAS. Postsecondary education must be completed within four years for an associate's degree and within six years for a bachelor's degree.
In a training component it is a participant who is meeting quarterly a consistent standard of progress which includes competency gains or proficiency levels and a reasonable time limit for completion of the training as determined by the instructor and the WOW case manager or EAS. Vocational training must be completed within four years.
(mmmmm) 'Secondary Equivalent' is a course that prepares a person to pass the GED or get a high school diploma.
(nnnnn) 'Secondary Evidence' is a document or record of a declaration of fact by individuals who have no responsibility to establish the fact.
(ooooo) 'Social Services' is an activity designed to promote an individual's social welfare.
(ppppp) 'Special Needs' is a child who is less than 18 years old who is developmentally disabled and would be in physical harm if child care is not provided.
(qqqqq) 'SSA' refers to the Social Security administration which pays benefits under Title II of the Social Security Act for Retirement, Survivors and Disability Insurance and under Title XVI for SSI.
(rrrrr) 'SSI' refers to the Supplemental Security Income Program under Title XVI of the Social Security Act which provides benefits to aged, disabled or blind persons.
(sssss) 'Statewide Maximum Limit' is the maximum amount that DFS will pay for child care.
(ttttt) 'Student' is a person attending high school, vocational training programs or college undergraduate program.
(uuuuu) 'Substitute Provider' is a person who meets the definition of 'provider' and who fills in for the provider less than 24 hours in a month. The substitute provider must meet the minimum health and safety standards and complete the provider registration process if the care goes beyond 24 hours during a month because the provider is no longer considered a substitute.
(vvvvv) "Sworn Statement" is to declare under penalty of perjury that the written information is true and correct.
(wwwww) "Termination" is to close a case and/or individual from the program for reasons such as, but not limited to excess income, excess resources, child no longer in the home or attending child care. For Transitional Child Care only, it does not mean expiration of the authorization for child care services.
(xxxxx) "Timely Notice" is a notice of action mailed at least ten days before the date of action.
(yyyyy) "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 eventual employment.
(zzzzz) "VA" refers to the Veteran's Administration.
(aaaaaa) "Valid" is having legal efficacy or force under state law.
(bbbbbb) "Verify" is to check, confirm or establish whether a statement or condition is true or accurate by obtaining a copy, viewing a copy or obtaining a verbal description of the content of the evidence.
(cccccc) "WOW Participant" is an AFDC recipient selected for or participating in WOW.
(dddddd) "Wyoming Opportunities for Work (WOW)" is the name of Wyoming's JOBS Program.
Section 5. Application Process. The following process is followed when an applicant makes a request for Child Care assistance:
(a) A DFS application form is provided or mailed on request; (b) A returned DFS application form is accepted and date stamped upon receipt; (c) Applicants are informed of their rights and responsibilities; (d) A separate application is required for each assistance unit; (e) Upon request, DFS assistance is provided to applicants in completing an application; (f) Each completed application is acted on according to the basis of need, but not to exceed thirty calendar days from the time of its receipt, except that person(s) also applying for AFDC at the same time will have their application acted on not to exceed 45 calendar days: (i) An application is approved when an applicant is found to be eligible; (ii) An application is denied when 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.
(iii) AFDC recipients must request child care assistance in writing when child care assistance was not needed at the time of the AFDC application.
(g) Documentation of the action taken on the application and the reason for the action will be made in the case file;
(h) Applicants shall be notified in writing of action taken on their applications.
Section 6. Applicants' Rights. These procedures are followed in order to provide applicants the opportunity to exercise their rights:
(a) Applicants are allowed to apply without delay;
(b) Applicants may be accompanied or represented by person(s) of their choice;
(c) Applicants may request assistance in completing an application or obtaining required verification;
(d) The application and other personally identifiable information are confidential and will not be disclosed except as necessary to determine eligibility or as provided in W.S. §42-2-111 and the Information Practices Rules duly promulgated by the Department and on file with the Secretary of State;
(e) Applicants shall be informed in writing or verbally of:
(i) Eligibility factors;
(ii) The purpose for which assistance is provided;
(iii) Assistance that may be available through other programs administered by the division;
(iv) The rights and responsibilities of applicants/recipients;
(v) The freedom of parental choice to select the child care provider within the following limitations:
(A) The client cannot change providers more than three times within a six 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 19 of this chapter.
(vi) How and when fair hearings may be requested, in accordance with DFS Administrative Policy Manual at Section 9007.00 through 9007.01:
(A) In the case of transitional benefits, child care assistance must continue pending a fair hearing decision;
(B) In the case of all other forms of child care, child care assistance payments will not be paid pending a fair hearing decision.
(C) An administrative fair hearing will be granted on request if:
(I) An application is denied;
(II) A decision on the application is not made within thirty days from the application date (45 days for AFDC applicants) and the applicant was not notified, in writing, of the reason for the delay;
(III) The applicant disputes the amount of the benefit payment.
(f) A decision on the application will be made within thirty calendar days of the application date, except that persons also applying for AFDC at the same time will have their application acted on within forty-five calendar days.
A decision may be delayed for up to 60 days if the provider must be licensed and is following the procedures to complete the licensing process.
(g) Assistance is provided or authorized on the basis of need.
(a) An applicant must provide an application in the manner and form prescribed by DFS. The application must:
(i) Be dated;
(ii) Provide an answer to the questions asked on the application and provide verification to support the answers;
(iii) Be signed in ink, under penalty of perjury, by the applicant or the applicant's representative.
(b) An applicant is responsible for cooperating with the process of determining eligibility by providing:
(i) Information essential to reach a decision on eligibility;
(ii) Documents for required verification;
(iii) A written statement authorizing a person to represent the applicant or other assistance unit adults if desired;
(iv) The applicant is responsible after an application for child care is approved for notifying the child care DFS worker within 10 days of any changes which may affect eligibility or benefit amount such as, but not limited to income, resources, employment, and number of people in the household.
(c) The applicant is responsible to assure the selected child care provider has completed the Provider Registration Process.
(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) Denied cases will include documentation in the case file of the reason(s) for the denial.
Section 9. Eligible Persons.
(a) Child care assistance shall be available for a child who is under age 13 years, a child over 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 or caretaker.
(c) Child care assistance shall be available only when the child's parent(s)/caretaker(s) participate in at least one of the following approved activities:
(d) Child care assistance shall be available for children in a two parent assistance unit when both parents are participating in an approved activity during the same hours.
(e) Child care assistance shall not be available to a family when fraud against DFS has been established in a court of law or by a DFS hearing officer, and not until the family has completed the court ordered sentence or disqualification penalties and full restitution has been made to DFS.
(f) Child care assistance is not available when the client fails to remain eligible for the current program. The client does not have an option to choose another child care program when he/she could have remained eligible for the current one. The client is ineligible for child care assistance until he/she cooperates and participates in an approved activity and completes the penalties as follows:
Section 10. Residency/Identity/Citizenship/SSN.
(a) Except for migrant working families, families must be Wyoming residents. (b) Identity of each applicant/recipient and eligible child is required. (c) U.S. citizenship or proof of legal admittance into the United States is not a factor. (d) Verification of Social Security Number of each applicant/recipient and child is not required, but is requested for identification purposes.
Section 11. Income.
(a) Income eligibility is determined prospectively.
(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 is 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 monthly income add the total of the following:
(A) Monthly income;
(B) 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;
(C) Divide the total amount of income specified in an annual employment contract, regardless of the amount paid monthly, by 12 to arrive at a monthly average.
(D) 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.
(E) The monthly amount is rounded up to the nearest dollar.
(b) Available/accessible income to the assistance unit is considered and verified in determining eligibility:
(i) The income of all family members living together who are financially responsible for each other including stepparents of the child(ren);
(ii) The income of the minor child who needs child care and the minor parent;
(iii) Income of children not needing child care is not counted;
(iv) Exempt any income in determining eligibility that is not specifically listed as countable in (v) below;
(v) Countable income in determining eligibility includes:
(A) Accumulated Vacation and Sick Pay - The money when paid to the individual;
(B) AFDC-Aid To Families With Dependent Children;
(C) AFDC-UP - Aid To Families With Dependent Children - Unemployed Parent Program;
(D) Alimony;
(E) Burial Fund - The money withdrawn from a burial fund when used for a purpose other than burial expense;
(F) Child Support - Consider all child support received by the assistance unit that cannot be exempt for the child(ren) receiving child care assistance;
(I) Exempt the amount retained by the state,
(II) Exempt the amount the parent(s) pays out for support of a dependent child who lives elsewhere,
(III) Exempt the amount received for a child who does not receive child care assistance, and
(IV) Exempt the first $50 received per month by the assistance unit.
(G) Contributions to the Assistance Unit
(I) Use the amount of the contribution of a nonfinancially responsible person living with the assistance unit according to that person's statement on the form DFS 917.
(II) Use the amount of the contribution of anyone living elsewhere according to their written statement.
(H) Death Benefits - Consider the amount received which exceeds the deceased person's last illness and burial expenses;
(I) Dividends and Interest - Money from stocks, bonds, trust funds, savings, checking accounts, sales contracts, investments, notes or mortgages unless excluded as infrequent or irregular;
(J) Educational Grants, Loans, Scholarships - The amount received by the student each semester when no statement is received from the school or the statement does not specify that the money is for educational purposes;
(K) Garnished/Withheld Wages;
(L) Infrequent or Irregular Income (Includes gifts, interest);
(I) Cannot exceed $30 in the month it is received and it must be infrequent or irregular.
(II) Infrequent is income received only once during a calendar quarter from combined sources.
(III) Irregular is income that the client cannot reasonably expect to receive.
(M) Inheritance - Money that is inherited;
(N) Insurance - Money from life, personal, injury, health or disability policies which provide a cash benefit payable to the client and is not a reimbursement insurance;
(O) 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.
(P) Lump Sum (One-Time Payment) - A payment of earned or unearned money made not more than once per quarter. It is 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.
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:
(I) The period of ineligibility or reduction, when appropriate, begins the month following the month the lump sum is received;
(II) The monthly income is determined by dividing the lump sum amount by the number of months remaining in the current authorization period:
(1.) Add that amount to the current amount being used as the monthly income;
(2.) Determine if the new total income is within the limits on the sliding fee scale:
a. When the income is within the sliding fee limits, prepare a new authorization for the remainder of the original authorization period;
b. When the income exceeds the sliding fee limits, prepare a termination notice and terminate the benefits. The client will remain ineligible for the number of months remaining in the authorization period.
(III) A shortened period of ineligibility is allowed in the specified situations and under the specified conditions:
(1.) 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 un-available to the assistance unit because of a disaster which was beyond the family's control. The reasons considered beyond the control of the family 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 payor is received indicating the client is required/requested to return the lump sum money; and
(2.) 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.
(Q) Loans - The amount borrowed when there is not a written statement that the money must be repaid and the money will not be used to purchase exempt items.
(R) Medical Insurance - Any cash received from medical or liability insurers for medical service already received by the family that is not a reimbursement to the client;
(S) Military Allotments - The military allotment or support for a serviceman/woman's dependents;
(T) Mineral Leases - The money received from renting the right to minerals, oil, gravel, water, etc;
(U) Pensions/Retirements/Annuities - The money received from these sources such as IRA and KEOGH plans, or Civil Service;
(V) Prizes or Game Winnings - The money won as a prize or from playing a game unless excluded as infrequent or irregular;
(W) Public Assistance Payments - The money received from AFDC, General Assistance, or any other cash grant programs except foster care payments;
(X) Railroad - The money paid for railroad retirement/unemployment;
(Y) Rental Property - The rental of real or personal property is to be treated as self-employment if the client is involved in the production of the income;
(Z) Room and/or Board Income - Use the net income determined as follows:
(I) The client can prove that the vacancies are filled through advertisement, and
(II) The charge(s) for the service(s) is equal to the ongoing rate for such services in the community, and
(III) Deduct the utility expense 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 $57, to arrive at the expense of providing utilities, and
(IV) Deduct an amount of $20 per month, for the expense of maintaining the room, and
(V) Deduct the Food Stamp Thrifty Food Plan amount per person for the expense of providing board.
(AA) Royalties - Money received from the production of goods by others;
(BB) Self-Employment - Use the net income determined as follows:
(I) Find that personal expenses, along with entertainment expenses, depreciation, interest on the purchase of capital equipment, land or buildings, old debts and improvements are not business expenses, and
(II) Find that all costs directly related to the production of the goods or services provided by the operation such as cost of merchandise, supplies, rent, utilities and upkeep of the premises are business expenses. 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.
(III) Consider the net profit from the business as the gross earned income from that source for the individual.
(CC) Social Security - The money received from SSA for retirement, disabilities, and/or survivor's benefits;
(DD) Strike Benefits - The money received from union funds or other sources given to persons on strike from employment;
(EE) Unemployment Insurance Benefits - The money received from the Employment Security Commission (ESC) or railroad board or private companies for unemployment;
(FF) Veterans' Administration (VA) -
The retirement or pension benefits paid to veterans and their dependents for a purpose other than to attend college.
Any VA benefits that the caretaker relative receives from the Veterans' Administration on his or her own behalf or on the behalf of the dependent children will be treated as unearned income. This includes subsistence payments received by a post secondary student. Any money that the veteran sends to the AFDC caretaker will be treated as follows:
(1.) As unearned income dollar-for-dollar if it is a contribution; or
(2.) As support if it is voluntary and acknowledged by either the mother or the absent parent to be for the support of the child(ren); or
(3.) As support if the absent parent is under court order and meeting his/her obligations in this way.
(GG) Wages, Salaries, Earnings - The gross money received for work performed as an employee, including but not limited to wages, salaries, tips, bonuses, and/or commissions before any withholding or deductions are made;
(HH) Workers' Compensation - The money received from private or public insurance companies or the Worker's Compensation Board for injuries incurred at work.
(vi) Income eligibility shall be determined as follows:
(A) Income levels shall be redetermined at least once every 6 months, or more often when a change of circumstance occurs;
(B) All countable income including gross earnings and cash benefit programs paid to the client shall be included;
(C) All income shall be budgeted prospectively;
(D) Any amount of money given to eligible clients by their employer or any other person, for the purchase of child day care shall not be counted as income when determining eligibility.
(x) The cash or loan value available to the assistance unit from pension plans, retirement funds or refunds of utility deposits.
(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 30/45 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.)
(i) Up to one hour per day for lunch can be allowed if needed during the school day;
(ii) Up to three hours per day can be allowed if needed for breaks in the class schedule;
(iii) Time for special situations as indicated by the instructor as part of the class work can be allowed;
(iv) No time will be allowed for study 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 time for WOW and/or other public assistance Employment & Training (E & T) activities shall be authorized according to the schedule established by the family's WOW and/or E & T worker but for no longer than six months at a time.
(a) Applicants/recipients of child care assistance shall be notified in writing that the application has been approved and the amount and duration of the programs.
(b) Applicants/recipients of child care assistance shall be notified in writing that an application is denied or benefits terminated. The notice shall give the effective date and reason for the denial or termination. Termination does not mean expiration of the authorization.
(c) Recipients of child care assistance shall be notified in writing when there is a reduction of benefits.
(d) Written notice of reduction or termination of benefits shall be issued at least
10 days prior to the effective date of action. The notice will include the recipient's rights to a fair hearing.
(e) It is the client's responsibility to complete the Entitlement Review prior to the expiration of the eligibility period to ensure continuity of benefits. The State accepts no responsibility to send reminder notices that the authorization or entitlement period is ending.
(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) Payment will be made only for the actual time while the recipient is actively participating in work, training, an educational program, a WOW activity, or a Food Stamp Employment and Training (Food Stamp E & T) component activity.
(i) Up to one hour per day to cover transportation time to and from the activity and the child care facility is allowed except for those participating in a Food Stamp E & T component;
(ii) 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;
(iii) No more than 12 hours per month for a maximum of two months in each 12 month period for Food Stamp E & T individual job search is allowed;
(iv) Child care hours for the actual time the client participates in a WOW activity as verified by the WOW case manager are allowed.
(e) Payment to hold a child care slot or for hours not used by the client are not allowed.
(f) Duplicate payment by DFS when child care is paid by other programs or agencies or person is prohibited.
(g) 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.
(h) Payment of child care for arrangements not authorized by DFS are the sole responsibility of the client.
(i) 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.
(j) Payment is made directly to the child care provider and not to the client.
(k) Payment to the provider will be made based on the provider's usual rate schedule for private 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.
(l) Payment for substitute providers will be the responsibility of the provider who hired the substitute.
(m) DFS field office worker is required to authorize payment on the DFS computer payment system.
(n) The state has no responsibility for unpaid bills for child care fees charged above the state rates.
(o) Rates for all child care program categories except Food Stamp E & T shall be based on Sliding Fee Scale Table II.
(p) Rates for Food Stamp E & T Households are limited to $200 per month for infants and $175 per month for children two years or older.
(q) 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 30/45 day application processing time.
(r) 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 day period for reporting changes or the date the Provider Registration is completed when not reported or not completed within ten days of the change.
(s) Individuals who fail to cooperate in paying their portion of the fees will lose eligibility for benefits for as long as back fees are owed unless satisfactory arrangements are made to make full payment:
(i) Child care providers will report monthly to DFS the amount of fees they have collected from the client using a form prescribed by DFS;
(ii) DFS will notify the client in writing when benefits will be lost if the client has not met his/her share of the financial obligations and satisfactory arrangement for payment has not been made.
(a) A reconciliation of prospective eligibility 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. A reconciliation 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. A reconciliation can be made within 90 days from the date of denial or termination.
(b) Retroactive benefits apply only to the Transitional Child Care Program.
(a) An Authorization Review consists of determining that the family is eligible before writing an authorization for services.
(b) An Entitlement Review is required at least once every six months for non-AFDC families. AFDC and Food Stamp families will have an Entitlement Review at the same time as their AFDC or Food Stamp Periodic Review.
(i) All entitlement 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.
(a) An overpayment claim will be filed against an assistance unit when it is discovered that the assistance unit received benefits to which it was not entitled.
(i) The overpayment will begin on the first of the month following the month of change.
(h) Overpayments to individuals may be recovered from the family unit which was overpaid, from individuals who were members of the family when overpaid, or from families which includes members of a previously overpaid family. 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 family;
(i) Underpayments and overpayments may be offset against each other in correcting incorrect payments;
(j) 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.
(k) 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 Overpayment Recovery Program (ORP) for possible prosecution or intentional program violation. Penalties and procedures will follow those set forth in Chapter 1, Overpayment Recovery Program Rules. In addition the following rules apply:
(i) Reviews will be done by DFS-ORP to determine if referral to the DFS hearing officer or prosecution is appropriate;
(ii) 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; or
(iii) The child care provider is disqualified when convicted or 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.
(iv) The child care assistance unit and/or the provider is disqualified when they were not prosecuted but did lose the disqualification hearing as follows:
(A) Six months for the first disqualification; or
(B) Twelve months for the second disqualification; or (C) Permanently, or as specified in the notice from the hearing officer, for the third or subsequent disqualification's; and
(D) Full restitution is made.
(a) Definitions in Section 4 apply.
(b) The selected child care provider must:
(i) Be at least 18 years old or be emancipated in accordance with Wyoming statute.
(ii) Be licensed by the State of Wyoming unless the provider is legally exempt;
(iii) Provide care within the State of Wyoming;
(iv) Complete the provider registration process;
(v) Meet all state, local, and federal laws related to operating a child care business;
(vi) Meet the minimum health and safety standards; and
(vii) Receive a favorable Child Abuse-Neglect Record Check and a Criminal History Prescreening Report; and
(viii) Allow parental access any time during business hours.
(ix) Make the Provider Registration Form available for public viewing upon request.
(c) Payment for provider services is allowed only to providers who meet the criteria listed in (b) above.
(d) 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) After that point in time when it has been substantiated that the provider has abused or neglected a child(ren), penalties are as follows:
(A) The risk level of substantiated abuse- neglect as defined in the Child Protection Services (CPS) will be determined by the county manager or his designee. The substantiated risk level will determine how long payment will be withheld.
(B) Payment is not allowed according to the following schedule or when rehabilitation is documented if the provider has been the subject of a substantiated abuse/neglect investigation. Low Risk is 2 years, Medium Risk is 3 years, and High Risk is 4 years.
(iii) Payment is not allowed when the provider has committed fraud against DFS within the past five years, and any court order sentence is not completed, and full restitution has not been made. Fraud may be established in a court of law or by a DFS Disqualification Hearing Officer.
(iv) Payment is not allowed when the provider has been found guilty of an intentional program violation or purposely misreported or failed to report information for more than one payment month. The disqualification period is six months for the first offense, twelve months for the second offense and permanently for three or more offenses.
(v) Payment is not allowed to a provider when one of the natural or adoptive parents is in the home and available to care for the child(ren). Payment to a provider is allowable in a stepparent situation.
(e) The child care provider is not considered a State or DFS employee.
(f) 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 90 days of when the month of service was provided for DFS to make any payment. Failure to submit the bill within the 90 days will mean the provider's payment is forfeited.
(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.
(g) The State and DFS have no responsibility for unpaid bills for child care fees charged above state rates.
(h) 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 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 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 working days after it is received. The new rate applies only to Authorizations written after the rate change.
(i) Payments may continue when a provider requests a fair hearing pending action taken by the Child Care Licensing Unit unless there is a substantiated child abuse or neglect case.
(j) Child care providers must meet the requirements of the Americans with Disabilities Act.
(i) Reasonable accommodations must be attempted to meet the needs of a disabled child.
(ii) Additional fees/charges may be assessed the parent when reasonable accommodations cause undue hardship. Undue hardship means that an accommodation would be unduly costly, extensive, substantial or disruptive, or would fundamentally alter the nature or operation of the business. Additional charges are not allowable for activities normally associated with the child care business. e.g., assisting young children with eating and toileting. Charges related to medical services are not allowable. Justification for charging a higher fee shall be submitted in writing to the State DFS office for approval.
(iii) Written policies must be available for public viewing concerning the admission policies for children with special needs.
(iv) Written policies must be available regarding nondiscrimination of persons with disabilities.
(v) Procedures for handling complaints must be available for public viewing.
(k) Overpayment, fraud, and intentional program violation disqualification procedures in Section 18 apply.