(a) The applicant has a right to apply for child care assistance: - (i) Upon request and without delay during regular business hours at the DFS-FO in the county of residence on the prescribed form(s) obtained in person or by mail;
- (ii) To be accompanied or represented by person(s) of his/her choice; and
- (iii) To request and receive assistance in completing an application or obtaining required verification.
(b) The application and other personally identifiable information shall be kept confidential and not be disclosed except as necessary to determine eligibility, to pay the provider or as required by state or federal law. - (i) The use or disclosure of information concerning clients shall be limited to purposes directly connected with:
- (A) The administration of DFS or Social Security Income (SSI) programs. Such purposes include establishing eligibility, determining the amount of the child care payment and approving the child care provider for payment.
- (B) Any investigation, prosecution, criminal or civil proceeding conducted in connection with the administration of such programs.
- (C) The administration of any other federal or federally assisted program which provides cash or in-kind assistance or services directly to individuals on the basis of need.
- (D) Any audit or similar activity conducted in connection with the administration of any such program by any governmental entity which is authorized by law to conduct such audit or activity.
- (E) The administration of the state unemployment compensation program.
- (F) The administration of the state's worker's compensation program as related to providers.
- (ii) DFS shall report to Immigration and Naturalization Services (INS) the name and address and other identifying information on any individual who is known to be unlawfully in the U.S.
- (iii) The following types of information to be safeguarded include, but are not limited to:
- (A) The names and addresses of applicants/recipients and amount of child care payments provided.
- (B) Information related to the social and economic conditions, including homelessness, or circumstance of a particular individual including information obtained from the Internal Revenue Services and Social Security Administration (SSA) which shall be safeguarded in accordance with procedures set forth by those agencies.
- (C) Agency evaluation of information about a particular individual.
- (D) Medical data, including psychological evaluations. All medical information shall be directly released by the medical professional. Medical information shall not be released without written authorization from the medical professional.
(c) Applicants/recipients shall be informed in writing or verbally of: - (i) Eligibility factors, verifications and documents needed to process the application and allowed up to 10 days to submit the requested verification or document.
- (ii) The purpose and length of time for which assistance is provided.
- (iii) The rights and responsibilities of applicants/recipients.
- (iv) The freedom of parental choice to select the child care provider within the following limitations:
- (A) The client cannot change child care providers more than six (6) times within a 12 month period unless there is good cause per Section 12 of these rules; and
- (B) The selected child care provider shall meet all the Child Care Provider Eligibility and Payment Requirements as stated in Section 14 of these rules.
- (v) The right to request an administrative hearing within 30 days from the date of an adverse notice.
- (A) The Child Care payment shall not be authorized pending the administrative hearing decision on a client request for a hearing.
- (B) All child care administrative hearing processes shall be pursuant to Chapter 1, DFS Contested Case Hearing Procedures Rules and/or Administrative Hearing.
- (vi) The right to receive consumer information concerning the selection of quality child care.
- (vii) The right to receive a list of licensed child care providers upon request.
- (viii) The right to unlimited access to providers and to their child(ren) during the normal hours of provider operation and whenever the child(ren) are in the care of the provider.
- (ix) The right to register a complaint against a provider. Complaints shall be referred to the appropriate Child Protective Services, Child Care Licensing or Fraud and Recovery Unit for investigation.
(d) The client has the right to a written notice concerning a decision on an application or on any adverse action. See notification requirements in Section 10 of these rules.
(e) The applicant/recipient has the right to reapply following denial or termination of benefits.
(f) A minor parent has the right to apply on his/her own behalf.