Okla. Admin. Code § 340:110-1-9.1

Current through Vol. 42, No. 7, December 16, 2024

Section 340:110-1-9.1 - Certification of child care facilities to receive increased reimbursement rate for the care of children with disabilities

(a)Purpose. Certification is the process through which Child Care Services (CCS) licensing staff documents a child care program meets certification requirements for a child with disabilities.

(1) Certification is required for a provider to receive the child care rate for a child with disabilities.

(2) To qualify for the higher rate the:

(A) program must be licensed, have a provider contract, and be certified to care for the child;

(B) child's family must be eligible for Oklahoma Department of Human Services (DHS) subsidized child care services; and

(C) child must be receiving benefits from at least one source listed in (i) - (iii) of this subparagraph.

(i) Supplemental Security Income (SSI) benefits;

(ii) Sooner Start, early intervention program for children birth to 3 years of age; or

(iii) Special Education Services, public school program for children 3 years of age and older.

(b)Initial approval for certification. For initial approval for certification the procedures contained in this subsection are followed.

(1) Upon receipt of Form 08AD006E, Certification for Special Needs Child Care Rate for Licensed Child Care Homes and Centers, the licensing staff contacts the program by phone within five DHS business days when a monitoring visit has been made in the last four months. When a monitoring visit has not been made within the last four months the licensing staff visits the child care program within 10 DHS business days.

(2) Approval for certification is based upon verification:

(A) the program director or primary caregiver has completed Form 08AD006E, agreeing to meet the individual needs of the child;

(B) the program has a previous record of compliance with minimum licensing requirements. A program on a six-month permit may be certified when currently in compliance with licensing requirements; and

(C) the program personnel who work with the child have received on-site consultation regarding the nature of the child's disability and the development of a child care plan, to include staffing, equipment, and specialized professional development needs. The consultant provides resource materials to the program for future reference. After initial certification, the program personnel who work with the child must conduct and document annual conferences with the child's parent or guardian to review the needs of the child. When the child's needs have changed, the procedures in (4) of this subsection are followed; and

(D) within six months of certification, appropriate personnel obtain six hours of specialized professional development in areas addressing care of children with disabilities.

(i) Ther program director and at least one personnel or primary caregiver who works directly with the child must receive specialized professional development. It is preferable all personnel who work with the child are trained.

(ii) First aid, CPR, or informal professional development is not counted to meet the specialized professional development requirement.

(iii) Recommended specialized professional development includes Sooner Start training, specialized workshops, or conferences addressing the care of children with special needs.

(3) Upon completion of Form 08AD006E, the licensing staff sends the form to the Adult and Family Services (AFS) Child Care Subsidy state office staff. Copies of Form 08AD006E and the monitoring checklist and summary are sent to the licensing supervisor, and copies are maintained in the program's file.

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

(A) the child's needs change;

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

(C) the child stops attending the program approved for the special needs rate for more than six months; or

(D) licensing staff withdraw the provider's special needs certification per (d) of this Section and the provider subsequently demonstrates compliance.

(5) When the licensing staff documents certification requirements have not been met, the licensing supervisor reviews the documentation and approves the denial. The licensing staff inform the provider in writing within 30 calendar days of the initial receipt of Form 08AD006E of the certification criteria that have not been met and the right to request an administrative review.

(6) A request for an administrative review must be submitted in writing to the statewide licensing coordinator or designee within 10 calendar days of notification. An administrative review is conducted within 10 calendar days of receipt of the request.

(7) The administrative review committee consists of the statewide licensing coordinator or designee and two staff from CCS.

(8) The program and AFS are notified in writing by the statewide licensing coordinator of the administrative review decision.

(c)Ongoing monitoring. The procedure for ongoing monitoring contained in this subsection is followed.

(1)Periodic monitoring visits. During periodic monitoring visits, the licensing staff completes Form 07LC008E, Special Needs Rate Monitoring Report, and verifies certification requirements are met for each child certified, including:

(A) annual conference with the child's parent or guardian;

(B) director and personnel or primary caregiver have specialized professional development relative to care of children with disabilities; and

(C) observations indicating the program is meeting the individual needs of the child as recorded on Form 08AD006E.

(2)Violations. All violations observed are documented on Form 07LC080E, Licensing Services Supplemental Information, and a plan of correction is developed with agreed-upon time frames for correction of violations. When there are serious or ongoing violations of certification requirements, a letter is sent to the operator documenting the violations, plan of correction, and a copy is sent to the parent(s) of the child with special needs who is affected by the violation(s).

(3)Changes in program personnel. As personnel changes occur, a new director, personnel, or primary caregiver who work directly with the child must obtain specialized professional development within six months of that assignment.

(d)Withdrawal of certification. Withdrawal of certification occurs when there is documentation of serious or ongoing violations of certification requirements or when DHS has issued an Emergency Order or a notice of proposed denial or revocation of license. Violations of certification requirements are different from non-compliance with licensing requirements, although they may involve the same issue, for example, understaffing. When violations are not corrected and represent a potential risk to the child, such as serious understaffing in the child's room or personnel without first aid training, the procedure in this subsection is followed.

(1) The licensing staff reviews the case with his or her supervisor.

(2) An office conference is held with the provider at which time the provider is notified certification is being withdrawn and has the right to request an administrative review of the decision.

(3) A letter is sent to the provider documenting withdrawal of certification and the right to request an administrative review of the decision. When the provider did not attend the office conference, the letter is sent by certified mail. A copy of the letter is sent to the appropriate county office staff responsible for child care assistance who is responsible for notifying the parent and provider of the rate change and its effective date.

(4) A request for an administrative review must be submitted in writing by the program to the statewide licensing coordinator or designee within seven calendar days of receipt of the letter. An administrative review is conducted within 10 calendar days of receipt of the request.

(5) The administrative review committee consists of the statewide licensing coordinator or designee and two staff from CCS.

(6) The program and AFS Child Care Subsidy are notified in writing by the statewide licensing coordinator or designee of the administrative review decision.

(7) A provider may reapply for certification when compliance with certification requirements has been reestablished.

Okla. Admin. Code § 340:110-1-9.1

Added at 13 Ok Reg 325, eff 5-18-95 (emergency); Added at 13 Ok Reg 499, eff 11-14-95 (emergency); Added at 13 Ok Reg 2663, eff 6-28-96; Amended at 16 Ok Reg 2527, eff 7-1-99; Amended at 16 Ok Reg 3511, eff 7-13-99 through 7-14-00 (emergency)¹; Amended at 18 Ok Reg 165, eff 12-1-00 (emergency); Amended at 18 Ok Reg 2144, eff 6-11-01; Amended at 19 Ok Reg 2274, eff 6-27-02; Amended at 20 Ok Reg 1259, eff 6-1-03; Amended at 21 Ok Reg 910, eff 6-1-04; Amended at 22 Ok Reg 1304, eff 6-1-05; Amended at 23 Ok Reg 1092, eff 6-1-06; Amended at 24 Ok Reg 1351, eff 7-1-07; Amended at 25 Ok Reg 1962, eff 7-1-08; Amended at 28 Ok Reg 1669, eff 7-1-11; Amended at 29 Ok Reg 1229, eff 7-1-12

Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/15/2016

¹This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency amendatory action, the last effective permanent text of the Section is reinstated. Therefore, on 7-15-00 (after the 7-14-00 expiration of this emergency action), the text of 340:110-1-9.1 reverted back to the permanent text that became effective 7-1-99, as was last published in the 1999 OAC Supplement, and remained as such until amended again by emergency action on 12-1-00