16 Del. Admin. Code § 11000-11006

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

Section 11000-11006 - Subsidized Child Care Provider Policy

The purpose of the subsidized child day care program is to provide care for children for a portion of the day in the absence of the parent/caretaker. It is a support service to enable the parent/caretaker to hold a job and/or obtain training or education leading to employment. The program is also used to meet the special developmental needs of the child that would otherwise go unmet or to remove the child from a family situation where he/she may be in danger.

11006.1Service Providers

All licensed family day care homes, group day care homes, and day care centers are eligible for a contract to provide subsidized child day care service. The contract must be fully signed before the provider can begin to provide subsidized care.

The contracted fee for service is established by DHSS, published in the annual Social Services Block Grant Plan. The department reserves the right to withhold payment if the provider does not perform in accordance with the terms of the contract.

11006.2Client Eligibility Policy

Eligibility is based on the financial and situational needs of the applicant for service and in accordance with DHSS established priorities for service.

11006.3Acceptable Service Authorizations

This policy applies to all Licensed, Licensed Exempt, Relative/Non-Relative Providers.

1. Eligible Children Must Be DSS-Approved for Provider to Receive Payment

2. Child Care Providers Will Receive Authorization Notice

Providers will receive authorization notice for each child at first enrollment and for each change or redetermination. The providers will receive a computer-generated copy of the parent/caretaker authorization letter for each child in their care. In the case of a computer problem or last-minute authorization, the provider may instead receive a handwritten authorization form (Subsidized Child Care Client Agreement- Form 626) from the DSS worker to validate the provider services. Providers will also receive a computer-generated authorization letter from DSS when data entry for the handwritten form has been completed.

Authorizations for service will show:

The child's name and ID number.

The service start and end date.

The number of service days per week.

The length of the service day (part day, full day, etc.)

Any co-pay the parent must pay.

3. Providers Verify Authorization Information

The child care provider must verify information on the authorization form. DSS will only pay for those services stated on the form. If a provider feels the service information is not accurate, the parent/caretaker must contact DSS to have the information adjusted.

4. Provider must have the Authorization Letter or Form 626 at the start of Service

DSS cannot guarantee payments for services provided without a valid authorization in place. All providers must have Purchase of Care (POC) or form 626 to support the start date of a child.

5. Only DSS Authorized Children Will Be Accepted for Continued Services

Payment cannot be made after the expiration date unless a new DSS authorization has been issued. Providers cannot assume that parents/caretakers with expired authorizations will continue to be eligible for services.

11006.4Provider Reimbursement

Reimbursement is monthly as indicated on the Day Care Contract (Compensation, Method of Payment, and Collection of Fee sections). Complete records must be retained by the provider for a period of three years, listing each child's daily attendance, accurately stating the number of authorized days present by type, and the number of absent days. These records will be monitored on a regular basis.

Payment will be made only for the number of days and type of authorization indicated on the child's authorization notice and in accordance with absent day policy. Reimbursement rates differ for each type of child care setting.

11006.4.1Paying for Absent Days and Holidays in Child Care

This policy explains provider payments for absent days and holidays during authorized child care.

1. DSS will pay for a maximum of 10 absent days per month for an authorized child.

2. DSS will pay for absent days for an authorized child after the family's copayment has been paid and there is a remaining balance due to the provider.

3. DSS will pay for a maximum of 10 absent days per month for an authorized child who does not have an assigned copayment.

4. DSS may pay for more than 10 absent days per month for a child who is authorized for Special Needs Child Care and is absent due to the eligible child's or the eligible parent's or caretaker's verified disability or serious health condition.

5. DSS will pay for the 6 major holidays per year that the provider has chosen. The authorized child must be attending the provider's site prior to the date of the holiday for the provider to receive payment for the holiday.

45 CFR 98.45 (l)(2)(iii)

See 11006.4.1 Paying for Absent Days and Holidays in Child Care - History

11006.4.2Charging Fees to Purchase of Care Families

45 CFR 98.45

Purchase of Care (POC) providers may charge certain fees to families receiving the POC child care subsidy.

1. POC providers can charge families receiving POC only for the following fees:

A. The parent copayment that DSS determines based on the family's household size and income.

B. Purchase of Care Plus (POC+) fees that are determined by subtracting the State's daily payment rate from the provider's private daily payment rate. Families in the POC+ program must pay the difference between the two rates.

C. Late pick-up fees charged when a child is picked-up after the family's authorized hours for care.

D. Field trip fees charged for a child to participate in an activity.

i. The provider must present the activity, the date of the activity, and the cost of the activity to the family prior to the field trip.

ii. The provider must allow the family to choose if the child will participate in the field trip.

iii. If the child does not participate in the field trip, the provider cannot charge the family for the field trip date if child care services are not available to the child because the provider's site is closed during the activity.

E. Returned check fees charged when the family's payment cannot be collected.

2. Fees not listed in section (1) must be approved by DSS before the provider can charge the family.

3. A family that receives POC is responsible for paying their parent copayment (if applicable) and the fees listed in section (1) when the fee is charged by the POC provider.

A. A family must continue to pay their parent copayment during instances when their POC provider is closed, unless DSS waives the family's copayment for an approved reason.

i. A family will pay their copayment when their provider is closed due to:

*

Vacation;

*

Illness;

*	Training; or

*	A provider holiday that replaces a DSS approved holiday.

4. POC providers are responsible for collecting fees from the families that they serve.

5. POC providers must develop a fee policy, discuss the policy with families at initial enrollment, and review the policy with families at least every 12 months.

A. The provider's fee policy must state:

i. The fees that the provider will charge to families prior to, during, and after delivery of service; and

ii. The provider's fee collection schedule.

B. Providers who are approved by DSS to charge POC+ fees must:

i. Display the POC+ certificate;

ii. Inform families of regular POC slots as slots become available;

iii. Review the POC+ contract with families;

iv. Complete a budget with families that agree to pay POC+ fees; and

v. Maintain copies of executed POC+ contracts signed by families and the provider.

11006.4.3Clients Who Fail to Pay Child Care Fee

A client may be denied service or terminated from service if notice is received from the provider that the client has failed to pay the assessed fee for service. Provider notice must be written and a copy forwarded to the Food Stamp Employment & Training Case Manager. Service may be authorized if:

A. the client submits written documentation that arrangements have been made with the provider to pay fees due the provider; or

B. the Unit Supervisor has determined, based on case review, that care should not be denied.

11006.4.4State of Emergency

The provider will be paid at the current rate of payment for those normal hours of operation during which the provider is closed because of conditions which result in an officially-declared "state of emergency" by the Governor, if the emergency restricts or prohibits travel in the vicinity of the provider.

The provider may be paid for approved absent days for emergency closing caused by fire, flood, health, or safety hazard determined by the Office of Child Care Licensing. Consideration will be given to each individual case based on relocation, rehabilitation, or permanent closing of the provider.

11006.4.5Multi-site Programs

If the site the child(ren) attends is closed and care is offered at an alternate site within the same organization, payment will be made only for those children who attended the alternate site. The provider should attach a memorandum listing the children and the alternate site they attended.

11006.4.6Reimbursement

Repealed

11006.4.7Reporting of Payment Problems

Providers should contact the Child Care Monitor if a payment error is suspected on the site payment statement, of if additional information is needed regarding the transaction listed on the statement.

DSS must be informed no later than 60 days after the first statement was sent.

EXAMPLE: The October attendance report is submitted in November for payment. Upon reconciling provider records with the DSS site payment statement, the provider determines that an error was made. The provider must notify the monitor no later than January 30 that an error was made.

The following information is needed:

A. provider name,

B. provider identification number or EIN/Social Security number,

C. child(ren)'s name and identification numbers,

D. dollar amount of the suspected error, and

E. a description of the error or payment is question and a clear explanation of why an error is believed to have occurred or why additional information is needed.

DSS will investigate the complaint and correct any error. The corrected payment will be included in the following month's payment.

If a provider fails to notify DSS of an error or problem within the 60 day time frame, the provider may be subject to loss of payment.

11006.4.8Completing Correct Transactions

Statutory authority

45 CFR 98.45(l)(6)

DSS staff will complete a correct transaction to adjust a child care provider payment.

1. A correct transaction is entered into the DSS eligibility system to correct provider payment errors that occurred because of:

A. A DSS processing error; or

B. A change in care or family circumstances reported or discovered during an authorized month, such as:

i. An increase in the level of care;

ii. An increase in the number of days needed for care;

iii. A change in paid absent days;

iv. A change in family size; or

v. A change in family income.

2. DSS staff will complete a correct transaction to adjust a provider payment when:

A. A child care provider reports an authorization or payment discrepancy within 60 days of the date of the applicable payment and DSS confirms the payment error; or

B. DSS determines that a payment discrepancy occurred due to a processing error or a change in care or family circumstances.

3. DSS staff may complete a correct transaction once the provider has been paid for the month in which the correct transaction is being requested.

4. The DSS eligibility system will automatically issue the difference in payment to the provider once the correct transaction has been entered.

11006.4.9Completing Manual Adjustments

Statutory Authority

45 CFR 98.45(l)(6)

DSS staff will complete a manual adjustment to request a change to a child care authorization.

1. DSS staff will complete Form 634 "Child Care Manual Adjustment Form" to correct authorization errors that occurred because of:

*	Overlapping eligibility;

*	Prior confirmation;

*	An incorrect start date; or

*	An incorrect payment rate.

A. DSS staff will complete Form 634 when:

i. A child care provider reports an authorization or payment discrepancy within 60 days of the date of the applicable payment and DSS confirms the authorization error; or

ii. DSS determines that an authorization discrepancy occurred due to a processing error.

B. DSS staff who prepare Form 634 must:

i. Have their supervisor sign and approve the form;

ii. Enter a case comment in the eligibility system detailing the reason for the manual adjustment; and

iii. Submit the completed form to a DSS child care monitor.

2. Upon receiving Form 634, the child care monitor will:

*	Notify the provider of the adjustment;

*	Request a summary attendance report from the provider; and

*	Submit the required manual adjustment documents to the Purchase of Care (POC) administrator.

A. The child care monitor must submit the following documents to the POC administrator for manual adjustments:

i. Form 634 "Child Care Manual Adjustment Form";

ii. The DSS manual adjustment worksheet;

iii. A copy of the case comment from the eligibility system that details the reason for the manual adjustment;

iv. A copy of the child care authorization from the eligibility system;

v. The provider's summary attendance report or a copy of the attendance report from the eligibility system; and

vi. The self-arranged payment report (for self-arranged care authorizations only).

3. A POC administrator will review the documents submitted by the child care monitor and enter approved manual adjustments into the DSS POC system.

4. The DSS eligibility system will automatically issue the difference in payment to the provider once the manual adjustment has been entered.

11006.5Termination

Providers may terminate a child(ren) for the following reasons.

A. The parent/caretaker frequently abuses/disregards operating policy of the facility (hours, etc.).

B. The parent/caretaker fails to pay the established fee or is frequently late with payment.

Five calendar days notice must be given to the parent/caretaker and the DSS Case Manager. Termination MUST be in writing and a copy sent to the Case Manager.

11006.5.1Terminating Providers and Self-Arranged Clients

45 CFR 98.40, 11 Del.C. Ch. 85, 31 Del.C. Ch. 3

This policy applies to Purchase of Care (POC) providers and clients who have self-arranged child care.

1. DSS may terminate a provider from the POC program if the provider:

A. Has a suspended, closed, or terminated Office of Child Care Licensing (OCCL) license;

B. Commits fraud against DHSS;

C. Charges fees not allowed by DSS, has failed to reimburse unallowable child care fees, or has repeated offenses in this area;

D. Charges POC Plus fees when the provider is not a DSS authorized POC Plus provider;

E. Does not keep accurate records per the DSS POC contract, has been counseled and has failed to meet the requirements of a corrective action plan agreed upon with the POC program, or has repeated offenses in this area; or

F. Does not keep an open bank account to receive direct deposit payments from the POC program.

2. In addition to the conditions listed in section 1, DSS may terminate a relative care provider from the POC program if the relative care provider:

A. Does not complete 28 hours of mandatory health and safety training hours within 12 months of becoming a relative care provider, or the training requirements as outlined in the initial POC orientation session; or

B. Has an unsuitable criminal history, or a member of the provider's household has an unsuitable criminal history. DSS uses the OCCL's guidelines and Title 11, Chapter 85 of the Delaware Code to determine unsuitable criminal history.

3. DSS may terminate a parent or caretaker who has self-arranged child care from the POC program if the parent or caretaker:

A. Submits fraudulent attendance records to DSS;

B. Does not keep an open bank account to receive direct deposit payments from the POC program as required to participate in self-arranged child care; or

C. Does not attend the mandatory orientation to become a self-arranged client.

11006.6Complaints

Client Complaints

Clients may make a complaint when they believe a facility is not meeting the licensing regulations or the provisions of the DSS contract. When a client makes a complaint to a Case Manager, the Case Manager will complete a Client Provider Complaint Form (Form 633). The Case Manager will forward the complaint to the Office of Child Care Licensing with a copy to the Child Care Monitor. Licensing will send results of the investigation to the Child Care Administrator.

Provider Complaints

Providers may make complaints regarding clients to the Case Manager. The complaint should be in writing.

Clients will send provider complaints regarding DSS provider contracts or payments process to their Case Manager. The Case Manager will send the complaint to the Child Care Administrator.

11006.7Determining Relative Child Care

Statutory Authority

45 CFR 98.2, 98.41

This policy applies to families who request Purchase of Care funding for a relative to provide child care.

1.The relative providing child care must be related to the child by:

*

Marriage,

*	Blood relationship, or

*	Court decree.

2.The relative providing child care must be related to the child in one of the following relationships:

*	Great-Grandparent,

*	Grandparent,

*	Adult Sibling,

*

Aunt, or

3.The relative provider shall:

*	Be 21 years of age or older;

*	Only provide care for the children of one family member;

*	Not reside in the same home as the children needing care; and

*

Only provide care during non-traditional hours that are not normally offered through a licensed child care provider. Relative child care is limited to evening and weekend shift work hours only. Children with "special needs" as defined in DSSM 11003.7.8 and newborns will be reviewed on a case-by-case basis for exemption to the non-traditional hours requirement.

4.The relative provider must successfully complete:

*	The "Criminal History, Child Abuse, and Neglect Background Check Request Form". This form must be completed for the relative provider and each individual 18 years of age or older who is living in the relative provider's home;

*	The orientation class on relative child care rules and regulations;

*	28 hours of approved training within 12 months of completing the relative child care orientation class;

*	Three hours of health and safety training annually; and

*	CPR and first aid courses. The relative provider's certifications must be current and re-certifications must be completed every two years.

5.In the children's home, the relative provider shall:

*	Care for a minimum of one child in the home. The total number of children who are cared for in the home may not exceed a maximum of five children.

*	Care for no more than two children under two years of age.

*	Care for the children of one family member. The children must be related as siblings.

6.In the relative provider's home, the relative provider shall:

*	Care for a minimum of one child in the home. The total number of children who are cared for in the home may not exceed a maximum of five children.

*	Care for no more than two children under two years of age.

*	Care for the children of one family member. The children must be related as siblings.

Note: Parents and caretakers who need child care during non-traditional hours shall be referred to Delaware's statewide Resource and Referral Agency for assistance in finding a provider.

16 Del. Admin. Code § 11000-11006

8 DE Reg. 1153 (2/1/2005)
8 DE Reg. 1154 (2/1/2005)
9 DE Reg. 572 (10/1/2005)
10 DE Reg. 564 (9/1/2006)
10 DE Reg. 1826 (6/1/2007)
11 DE Reg. 1488 (5/1/2008)
13 DE Reg. 100 (7/1/2009)
13 DE Reg. 1088 (2/1/2010)
13 DE Reg. 1211 (3/1/2010)
14 DE Reg. 40 (7/1/2010)
15 DE Reg. 222 (8/1/2011)
16 DE Reg. 78 (7/1/2012)
16 DE Reg. 643 (12/1/2012)
16 DE Reg. 876 (2/1/2013)
21 DE Reg. 639 (2/1/2018)
23 DE Reg. 878 (4/1/2020)
24 DE Reg. 700 (1/1/2021)
25 DE Reg. 536 (11/1/2021)
27 DE Reg. 49 (7/1/2023)
28 DE Reg. 55 (7/1/2024) (Final)