Section R986-700-703 - Client Rights and ResponsibilitiesIn addition to the client rights and responsibilities found in Rule R986-100, the rights and responsibilities listed in this section apply.
(1) A client may select the type of child care that best meets the family's needs, including reporting the client's choice of provider to the Department and start date of care, if known. If no start date is reported or a discrepancy in start dates exists, the Department may use the start date verified with the client's chosen provider.(2) If a client requests help in selecting a provider, the Department will refer the client to the local Care About Childcare agency.(3)(a) A client must verify identity.(b)(i) A client is not required to provide a Social Security Number. (A) The Department will verify a Social Security Number supplied by a client.(B) The Department will request further verification to confirm an individual's identity if a Social Security Number cannot be verified.(ii) Benefits will not be denied or withheld if a client chooses not to provide a Social Security Number if the client is otherwise eligible.(4) A client is responsible for monitoring the child care provider.(5)(a) A client is responsible to pay all costs of care charged by the provider.(b) If the CC payment provided by the Department is less than the amount charged by the provider, the client is responsible for paying the provider the difference.(6) Within ten days of occurrence, a client shall report any of the changes listed in this subsection. (a) If the household's gross monthly income exceeds the percentage of the state median income as determined by the Department in Subsection R986-700-710(4).(b) If the client no longer needs child care.(d) If a child receiving child care: (i) moves out of the home; or(ii) has stopped attending child care.(e) A change in the child care provider, including when care is provided at no cost.(7) Allowable temporary changes. (a) The following are allowable temporary changes:(i) time-limited absences from work due to medical or other emergency, including maternity leave, bed rest, or temporary medical issues of the client or an immediate family member living in the client's home if the client is responsible for the immediate family member's care;(ii) temporary fluctuations in earnings or hours, including summer break for teachers or seasonal hours changes for IRS employees, that would otherwise have the effect of causing the client to fail to meet the minimum work requirements for eligibility;(iii) scheduled holidays or breaks in a client's educational training schedule;(iv) an eligible child turning 13 years old during an eligibility review period, unless the child no longer has a need for child care; and(v) a client who has been approved for ongoing ES CC at application or recertification and has a permanent loss of employment may remain eligible through the rest of the certification period.(b) A client who experiences an allowable temporary change after having been approved for ongoing ES CC may continue to receive CC at the same level for the rest of the certification period if the child attends child care at least eight hours each month.(8)(a) Once an eligibility determination is made and a full month's payment and copayment is assessed, benefits will be paid at the same level during the rest of the certification period so long as the client remains eligible.(b) The Department may act on reported changes that result in a participation increase or copayment decrease.(c) Benefits may be reduced if a child care provider reports a lower monthly charge or the client changes to a different child care provider.(9)(a) If an overpayment is established and it is determined that the client was at fault in the creation of the overpayment, the client must repay the overpayment to the Department.(b) The Department may find that the client and provider are jointly liable for the overpayment.(c) In the case of joint liability, both parties can be held liable for the entire overpayment. (10) The Department may release the following information to the designated provider: (a) limited information regarding the status of a CC payment including that no payment was issued or services were denied;(b) the date the CC payment was issued;(c) the CC payment amount for that provider;(d) the copayment amount;(e) information available in the Department Provider Portal;(f) the month the client is scheduled for review;(g) the date the client's application was received; and(h) general information about what additional information or verification is needed to approve CC including the client's work schedule and income.(11)(a) If a client changes providers, the change will be made based upon reporting requirements for the following month's subsidy payment.(b) No additional payment will be made to another provider for any days remaining in the current benefit month, unless the maximum subsidy payment amount for the month will not be exceeded by paying the second provider or if one of the exceptions listed in this subsection applies.(i) The Department was notified of the change in the month before the change.(ii) The initial provider is no longer an approved provider or has been disqualified by the Department.(iii) The initial provider is not holding the child's space for the rest of the month.(iv) The client relocates to a different residence and it is no longer reasonably feasible to continue using the initial provider due to travel time or distance.(v) There is a substantial change in the days or times of day when child care is needed, including a change in the timing of the shifts the client is working, that cannot be accommodated by the initial provider.(vi)(A) The Department determines a change in child care providers is necessary due to a report of endangerment for the child.(B) The Department may, in its discretion, approve payment to a second provider due to a report of endangerment even if the maximum subsidy payment amount would be exceeded.(vii) The Department determines a change in child care providers is necessary due to circumstances related to a pandemic, natural disaster, or other state of emergency.(12) A client may select an authorized representative. (a) An authorized representative is an individual selected by a client to conduct business on the client's behalf.(b) An authorized representative may provide verifications and complete forms for the client.(c) A client's child care provider may act as an authorized representative for the client after the client has been informed of the provider's potential conflict of interest.Utah Admin. Code R986-700-703
Amended by Utah State Bulletin Number 2014-20, effective 10/1/2014Amended by Utah State Bulletin Number 2015-10, effective 5/1/2015Amended by Utah State Bulletin Number 2015-17, effective 9/1/2015Amended by Utah State Bulletin Number 2016-8, effective 4/1/2016Amended by Utah State Bulletin Number 2016-18, effective 8/25/2016Amended by Utah State Bulletin Number 2016-19, effective 10/1/2016Amended by Utah State Bulletin Number 2017-20, effective 9/21/2017Amended by Utah State Bulletin Number 2018-14, effective 7/1/2018Amended by Utah State Bulletin Number 2019-10, effective 6/1/2019Amended by Utah State Bulletin Number 2021-14, effective 7/1/2021Amended by Utah State Bulletin Number 2023-04, effective 2/8/2023Amended by Utah State Bulletin Number 2023-14, effective 7/3/2023Amended by Utah State Bulletin Number 2024-21, effective 10/18/2024