Okla. Admin. Code § 340:40-7-3.1

Current through Vol. 42, No. 6, December 2, 2024

Section 340:40-7-3.1 - Child with disabilities and special needs rate approval process

(a)Child with disabilities. A child with disabilities is defined as a child who receives Supplemental Security Income (SSI), SoonerStart early intervention services documented on an Individualized Family Service Plan (IFSP), or special education services documented on an Individualized Education Program (IEP) , by the child's local school district. This definition also includes a child whose SSI payment stops because of financial reasons , but who still meets the medical definition of disability as determined by the Social Security Administration (SSA).

(1) When a child with disabilities is 13 through 18 years of age, the client must provide a statement from a licensed health care professional verifying the child is physically or mentally incapable of self-care as age appropriate before care is approved and annually thereafter.

(2) When the licensed health care professional states the child is capable of self-care as age appropriate, subsidized child care benefits are not approved.

(b)Special needs rate approval process. The special needs rate, if approved, is paid in addition to the rate paid for a typical child. When a child does not meet the definition of a child with disabilities, the child is not approved for a special needs rate. A child with disabilities may be approved for a moderate or severe special needs rate unit type after the special needs rate approval process is completed. When the worker determines the child is eligible for subsidized child care benefits before the special needs rate approval process is completed, the worker approves the child for a typical child unit type. The special needs process includes steps described in (1) through (5) of this subsection.

(1) The parent or caretaker must provide proof the child meets the definition of a child with disabilities and information about the child's care needs. Proof is required prior to approval of the special needs rate and annually thereafter.

(A) For a child under 3 years of age, the parent or caretaker submits the child's current IFSP. The IFSP verifies the child receives SoonerStart services and documents the child's care needs.

(B) For a child over 3 years of age, the parent or caretaker submits the child's current IEP. The IEP verifies the child receives special education services and documents the child's care needs.

(C) When the child receives SSI, the parent or caretaker submits the child's award letter or other proof from SSA that verifies SSI receipt. When the child does not receive SoonerStart or special education services, the parent or caretaker submits a statement from a health professional describing the child's care needs.

(2) The parent or guardian, child care provider, Child Care Services (CCS) licensing staff, and the Adult and Family Services (AFS) Child Care Subsidy staff completes the appropriate sections of Form 08AD006E, Certification for Special Needs Rate for Licensed Child Care Homes and Centers. Determination of special needs certification requirements are made by the:

(A) AFS Child Care Subsidy staff for the child; and

(B) the CCS licensing specialist for the provider.

(3) AFS Child Care Subsidy staff uses Form 08AD007E, Scoring Sheet for Special Needs Rate Determination , to score the 08AD006E. The child's care needs must be within the scoring range shown on Form 08AD007E for moderate or high need to qualify for a special needs rate.

(4) When the child and the provider meet certification requirements for the special needs rate, the rate is effective the first of the month following the month AFS Child Care Subsidy staff signs Form 08AD006E. When the child does not start child care until after the special needs rate is approved, the rate is effective the first date care is approved.

(5) Once the child is approved for one of the special need rates, a new Form 08AD006E is required when:

(A) the child's needs change;

(B) the child moves to a different child care facility;

(C) the child stops attending the facility that was approved for the special needs rate unit type for more than six months; or

(D) CCS licensing staff withdraws the provider's special needs certification per Oklahoma Administrative Code (OAC) 340:110-1-9.1 and the provider subsequently demonstrates compliance.

(c)Supplemental Security Income-Disabled Children's Program (SSI-DCP). A child between birth to 18 years of age receiving SSI may be eligible for additional services per OAC 340:70-8-1 and enrichment child care per OAC 340:40-7-8(f).

Okla. Admin. Code § 340:40-7-3.1

Added at 23 Ok Reg 1872, eff 7-1-06 ; Amended at 26 Ok Reg 820, eff 6-1-09 ; Amended at 28 Ok Reg 831, eff 6-1-11 ; Amended at 30 Ok Reg 657, eff 6-1-13

Amended by Oklahoma Register, Volume 32, Issue 24, September 1, 2015, eff. 10/1/2015