16 Del. Admin. Code § 11000-11005

Current through Register Vol. 28, No. 7, January 1, 2025

Section 11000-11005 - Review of Parent/Caretakers' Rights and Responsibilities

Complete the application process by reviewing with parent/caretakers their rights and responsibilities. These rights and responsibilities reflect DSS' belief that parent/caretakers should be well informed about the child care decisions they make. Therefore, ensure that parent/caretakers receive the following information as part of the application process.

11005.1 Parent/Caretaker Rights

A. Parent/caretakers have the right to choose the type of provider and the type of care for their children (see Section 11004.4 for discussion of certificates and parental choice).

B. Parent/caretakers have the right to have unlimited access to their children and the child care provider during normal working hours and whenever the children are in the provider's care.

1. Licensed providers must allow parental access as part of their licensing standards. Complaints against licensed providers who fail to provide parental access should be addressed to the Office of Child Care Licensing, Department of Children, Youth, and Their Families.

2. Exempt providers must agree to allow parental access as part of the certificate process. Those providers who do not certify to allow access can be denied authorization to provide service.

C. Parent/caretakers have the right to request a list of substantiated parental complaints on any licensed or license-exempt provider. Maintain a record of complaints, particularly substantiated complaints, and provide this information to parent/caretakers upon request. The DSS Contracts Administrator's Office is the central repository for complaints about providers.

D. Parent/caretakers have the right to appeal any denial and/or termination of child care services.

11005.2 Parent/Caretaker Responsibilities

A. Parents/caretakers have the responsibility to give accurate information to Case Managers concerning their financial status and their need for service. Failure to provide requested and accurate information could lead to a denial and/or termination of service.

B. Parents/caretakers have the responsibility to report changes in their financial status and need for service as these changes occur. Failure to do so could lead to termination of service.

C. Parents/caretakers have the responsibility to pay their assessed child care fee. Parents/caretakers pay the fee directly to the provider at a schedule determined by the provider. Providers have the right to deny service to parents/caretakers who fail to pay their fees.

D. Parents/caretakers have the responsibility to abide by the provider's rules and procedures regarding the operation of their child care facility. Failure to do so could lead to termination from the provider's program. (Such a termination will not cause termination from DSS' subsidized child care services, but can make it difficult for DSS to locate another placement.)

E. Parents/caretakers have the responsibility to reimburse DSS for any payments made on their behalf for which they were not eligible. DSS has the right to recoup such overpayments. In cases where fraud is suspected, recovery must be attempted.

9 DE Reg. 572 (10/01/05)

11005.3 Child Care Case Records

Child care case records are maintained in accordance with DSSM policies as noted in Section 1000 under the heading Administration. However, ensure that child care case records contain, at a minimum, the following information:

A. a copy of the Application for Child Care Assistance;

B. verification of child care need, such as pay stubs and/or employer letter, school or training registration, special needs form;

C. verification of income, such as pay stubs or employer letter;

D. a copy of the Child Care Payment Agreement (Form 601b); and

E. any information pertinent to the child care case, such as protective referral, etc.

Authorizations, client notices, and other pertinent case information is contained in the DCIS II Child Care Sub system. The DCIS II Child Care Sub system is considered an electronic case file and, therefore, equally or more valuable as the manual record. Maintain both the manual file as well as the electronic file in an up-to-date manner.

9 DE Reg. 572 (10/01/05)

11005.4 Child Care Overpayments

45 CFR 98.11

A child care overpayment occurs when DSS pays for more child care service than parents/caretakers are eligible to receive. Overpayments may be the result of an agency, provider or parent/caretaker action.

DHSS will attempt recovery in all cases of suspected fraud, in all cases involving current recipients, and in all cases where the overpayment amount would equal or exceed the costs of recovery. Each adult in the child care household is liable for repayment of the overpayment. In instances where a legal guardian or parent is required to sign the child care application, the legal guardian(s) or the parent(s) in the home is responsible for the overpayment even though the parent(s) or guardian(s) is not technically part of the child care household.

14 DE Reg. 187 (09/01/10)

11005.4.1 Determining the Overpayment Amount

To determine the amount of the overpayment subtract the amount that the parent should have paid the provider from the DSS calculated parent fee. The difference is the overpayment amount.

14 DE Reg. 187 (09/01/10)

11005.4.2 Overpayment Notices

Notify parents/caretakers in writing of any overpayment. The overpayment notice will contain:

1. a statement of the client's right to a fair hearing as provided in DSSM 5300

2. the method by which s/he may request a fair hearing

3. what to do to continue receiving your benefits after requesting a fair hearing

4. a statement that s/he may represent him/herself or that s/he may be represented by counsel or by another person

5. the reason for the overpayment

6. the amount of the overpayment

7. the overpayment time period

8. the name of the child/ren associated with the overpayment.

DSS can only recoup child care overpayments from child care benefits. Any attempt to recover child care overpayments from TANF benefits can only occur if there is a voluntary request from the recipient family. Audit and Recovery Management Services (ARMS) is the agency responsible for establishing repayment agreements and the collection of overpayments.

14 DE Reg. 187 (09/01/10)

11005.4.3 RESERVED

14 DE Reg. 187 (09/01/10)

16 Del. Admin. Code § 11000-11005