Attachment A
Child Care Providers
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Child Care - Admin. Rules, Chapt. 1, Purchase of Service |
A-1 Provider Eligibility Requirements
A. Require the provider to complete the following registration process:
1. Complete the WOLFS-109;
2. Complete the appropriate provider registration form, DFS 203a/b; and
3. Submit signed Authorization Release of Child or Disabled Adult of Child or Disabled Adult Central Registry and Wyoming Criminal History Record Information form (SS 26) for each adult household member.
B. Submit an Application for Child Abuse/Neglect and Adult Central Registry Screens and Wyoming Criminal History Record Prescreens form (SS 28) to DFS-SO; and
1. Identify who is making the request and the county of origin; and
2. Realize there is no charge to the provider for this screening.
C. Take the following actions when any of the background checks return indicating that the individual is known to that system:
1. Document the case file;
2. Inactivate the provider on the JAS system;
3. Send the DFS-206 to the provider to notify him/her of ineligibility for payment and options for disputing the report(s);
4. Forward the results of a fingerprint check to the state office for final determination of eligibility for payment when the criminal history report is disputed by the provider, and
5. Reactivate the provider if the DFS-SO reviews the criminal record and approves the provider for payment or the Central Registry record is removed.
D. Acknowledge the provider has attested to being at least 18 years old or has met Wyoming emancipation law and has agreed to the following upon signing the DFS 203a/b:
1. Meet the minimum health and safety standards; and
2. Be licensed, when applicable; and
3. Have procedures for handling complaints available for public viewing; and
4. Permit parental access to the facility and their child during business hours; and
5. Comply with federal, state or local laws as they pertain to operating a child care business; and
6. Provide for a substitute provider who meets the definition of “substitute provider”; and
7. Make the provider registration form, DFS 203a/b, available for public viewing upon request; and
8. Receive a favorable Criminal History prescreening and Child Abuse-Neglect Record Check; and
9. Conduct business and be located in Wyoming; and
10. Meet the requirements of the Americans With Disabilities Act by:
a. Attempting to make reasonable accommodations to meet the needs of a child with disabilities; and
b. Providing written policies for public viewing concerning the admission policies for children with special needs and nondiscrimination of persons with disabilities; and
c. Understanding additional fees/charges may be assessed to DFS when the child has special needs and reasonable accommodations cause undue hardship; and
d. Requiring the following criteria be met:
(1) The special needs of the child must be verified and specified by a medical professional; and
(2) The provider must submit proof from an appropriate professional of specialized education, experience and/or training to meet the special needs of the child; and
(3) Additional charges may not exceed $250 per month; and
(4) A DFS or contract supervisor must approve the payment.
11. Maintain for a period of three years attendance records for each child and other evidence services were provided in accordance with each authorization and make these records available to state and federal auditors upon request; and
12. Submit verification to DFS within 90 days of the date payments began of current certification in infant/child CPR and first aid if the provider is legally exempt from licensing.
E. Understand DFS will not make payment if:
1. The provider has committed fraud against DFS and the disqualification penalties have not been met; or
2. The provider or any adult household member has a substantiated abuse or neglect case;
3. The parent(s)/caretaker(s) has not completed the Provider Assessment Form, DFS 204.
F. Inform the provider and the client the registration process must be completed:
1. During the 30 day application processing time for new applications; and
2. During the ten day report of change period for ongoing child care cases when the client reports a change in providers.
G. Require child care licensing requirements to be completed prior to payments being made or authorizations (DAUC) written if the provider is not exempt from licensing requirements.
A-2 Provider Payment
A. Require the client and provider to complete DFS 201, Bill for Child Care Services, and return it to the DFS-FO within 90 days of the month the service was provided for DFS to make any payment.
B. Follow the recommended guidelines for issuing payments:
1. Require the billing form to be reviewed for audit purposes before payment is authorized;
2. Require assignment of who audits the billing form prior to payment of the authorization to be the decision of the DFS-FO manager or designee;
3. Refer to the instructions for DFS 201 to determine if the form is properly completed;
4. Authorize payment within 15 working days from the date a properly completed bill is received.
C. Make payment for child care services directly to the provider and not the parent based on:
1. The provider’s usual rate schedule for private pay customers not to exceed the monthly maximum payment rate established by DFS using:
a. An hourly rate when the provider charges by the hour; or
b. A part day or full day rate when a licensed provider has daily, weekly or monthly rates.
2. Do not exceed the rate the provider charges based on a family rate when more than one child receives care from the same provider;
3. Make payment according to the authorization for each child;
4. Disallow payment for care not indicated on the authorization or for periods when the parent(s)/caretaker(s) is not in an approved activity;
5. Do not exceed the actual costs billed, even if the authorization would allow more;
6. Deduct payments made by or available from other sources prior to determining the DFS payment amount.
7. Understand that the quality capacity payment to licensed child care providers is in addition to any payments for child care services.
D. Make the following quality capacity payment to licensed child care providers on behalf of eligible children:
1. For infants between the ages of birth through eleven (11) months:
a. One dollar and forty cents ($1.40) per hour of child care if the provider has hourly rates; or
b. Five dollars and sixty cents ($5.60) per part day of care; or
c. Eleven dollars and twenty cents ($11.20) per full day of care.
2. For toddlers between the ages of twelve (12) months through twenty-three (23) months:
a. One dollar ($1.00) per hour of child care if the provider has hourly rates; or
b. Four dollars ($4.00) per part day of care; or
c. Eight dollars ($8.00) per full day of care.
E. Allow payment only to providers who have a provisional or full license or have completed the registration process if the provider is exempt from licensing.
1. Contact the DFS-SO Licensing Specialist to obtain written or verbal verification the provider is licensed or exempt from licensing;
2. Realize providers exempt from licensing are:
a. Relatives; or
b. Grandparents caring for their own grandchildren and two unrelated children or children from one immediate family, as long as the total number of children does not exceed six; or
c. Caring for two or fewer children not related to them; or
d. Caring for children in children's home; or
e. Providing occasional or sporadic care; or
f. Caring for children from one immediate family; or
g. Other situations as specified in W.S. 14-4-102(b), as may be exempt.
3. Document this in the case record.
F. Disallow payment to a provider when:
1. The provider does not meet the provider eligibility requirements;
2. Abuse/Neglect has been substantiated against the child day care provider, any household members or substitute providers who have access to the child(ren) placed in care:
a. The decision to approve payment in the case of abuse or neglect will be made by the DFS district manager or designee in accordance with W.S. 14-3-213(c); and
b. Provider case records must be documented Central Registry checks have been made.
3. The provider has been denied/revoked licensing due to not meeting standards:
a. Continue making payment when a revocation has occurred unless the license revocation is due to a substantiated child abuse/neglect situation;
b. Cease payments when notified by letter from the Child Care Consultant to do so.
4. The legally exempt provider has failed to submit verification of current certification in infant/child CPR and first aid within 90 days of the date the provider received payment for services;
5. The provider has committed fraud against DFS within five years, the disqualification penalties have not been met and full restitution has not been made;
6. The provider is in violation of federal, state or local laws related to operating a child care business:
a. Issue the appropriate JAS child care notice (see Tables) prior to terminating the payments;
b. Issue payment to cover the last day the provider gave care, or the effective date of the notice, whichever is earlier.
7. An outside provider is selected and the parent/caretaker is in the home and available to care for the child(ren):
a. Payment to an outside provider is allowable in a stepparent or minor parent situation if the child(ren) will be at risk of neglect or abuse, as verified by CPS, if the stepparent or grandparent provides the care;
b. The abuse or neglect must be substantiated.
G. Allow the center care payment rate for facilities established as child care centers exempt from licensing because of their status, to include:
1. Centers located at the University of Wyoming;
2. Wyoming community colleges; and
3. The Wind River Reservation.
H. Disallow payment to more than three providers within a six month period unless good cause has been established and document the good cause rationale in the case record.
A-3 Parental Choice
A. The client/recipient has the freedom of choice to select the child care provider within the following limitations:
1. The client cannot change providers more than three times within a six month period unless there is good cause based on the following:
a. The provider will no longer provide child care services; or
b. The provider is required to be licensed but is no longer licensed; or
c. The provider is ill and unable to care for the child(ren) temporarily; or
d. Child's special needs are not being met; or
e. Imminent danger to the child(ren) exists; or
f. Other factors determined by the DFS-FO manager to be good cause.
2. The selected child care provider must meet all the provider eligibility requirements;
3. The client has the right to request and review the provider registration form, DFS 203a/b;
4. Request the client to choose the child care provider:
a. Assist the client in choosing a provider when requested, including referring the parent/caretaker to Child Care Finder for assistance in finding care;
b. Refer the selected provider to the Regional Licensing Specialist when licensing is needed or when the Benefit Specialist or case manager is not sure if licensing is needed;
c. Allow the client to choose someone other than the stepparent or grandparent in a minor parent situation if:
(1) The child is at-risk of abuse or neglect if the stepparent or grandparent provided care; and
(2) The allegation of abuse/neglect has been substantiated as verified by CPS.
A-4 Benefit Period
A. Assistance cannot begin before the provider registration process is completed and before the child care provider is licensed, when applicable.
B. New Child Care Applications:
1. Require the appropriate provider registration form (DFS 203a/b) to be signed and returned during the 30 day child care application processing time (see Section 401); and
2. Require the provider to submit a signed and dated Licensing Application Form (DCL-01) during the 30 day child care application processing time when the provider must be licensed.
a. Understand licensing of a provider may take up to 60 days;
b. Notify the client the application processing time will take longer than 30 days when the licensing process is not completed within the 30 day child care application processing time;
c. Do not deny the application in 30 days for this situation.
C. Change of Provider for Ongoing Child
Care Case:
Require the appropriate provider registration form (DFS 203a/b) to be on file
within the ten day report of change period for ongoing child care cases with a
change in provider. (The auditor's office will not issue warrants to
any person without a completed WOLFS-109 Payee Information Form.)
D. Begin the authorization with whichever is later:
1. The date of application; or
2. The date the approved activity (see Section 701) began; or
3. The date the child first entered child care;
4. The provider met the provider eligibility requirements:
a. Use the date of the child care application if met during the 30 day child care application processing time (may exceed 30 days if licensing application is pending);
b. Use the date the provider change occurred if reported and the provider registration process was completed during the ten day change of report period; or
c. Use the date the provider completed the provider registration process if met after the 30 day child care application processing or ten day change of report period unless a 30 day extension has been granted for the provider to meet licensing requirements.
A-5 Reporting Changes
A. Provider Changed Her/His Rates
Use the following instructions to determine when the change becomes effective
when the change is because the child care provider changed her/his rate
charges.
1. Enter the rate change on CHRA on the same date the new rate begins when the provider submitted the DFS 203a/b more than five working days prior to the effective date of the change.
a. Entering the new rate before or after the effective date of the change may cause the authorization and/or payment to compute incorrectly;
b. Assure the appropriate provider registration form, DFS 203a/b, is on file before changing the rate on CHRA.
2. Enter the rate change on CHRA within five working days of the date the DFS 203a/b is received when it is not received at least five working days prior to the effective date of the change or when the DFS 203a/b is received after the effective date of the rate change.
B. Provider Changed His/Her Address
Use the following instructions to process the address change:
1. Require the provider to indicate an address change on the DFS 201 or complete a new WOLFS-109 and submit it to the DFS-FO;
2. Require the provider to complete a new provider enrollment form (DFS 203a/b) to assure the provider continues to meet the registration and licensing requirements, if necessary;
3. Enter the address change on DPRO within five working days;
4. Forward the WOLFS-109 or screen prints of both the old DPRO screen and the new DPRO screen with a notation of the change to be made to the State Auditor’s office for a WOLFS update;
5. Understand warrants will not be mailed to the new address until the WOLFS has been updated.
C. Ongoing Eligible Client Changes Provider
1. Require the provider complete the Registration Process within the ten day report of change period for ongoing child care cases.
2. Make payment back to the date the provider change occurred when the change was reported and the Registration Process was completed within the ten day reporting period.
3. Make payment effective the date the registration process is completed if completed after the ten day reporting period.
4. Make payment when licensing is needed back to the date the provider change occurred when the change was reported and the registration process is completed within the ten day reporting period. (Authorizations (DAUC) and payments cannot be issued until after the license is issued.)
5. Make payment when licensing is needed effective the date the registration process is completed if completed after the ten day reporting period. (Authorizations (DAUC) and payments cannot be issued until after the license is issued.)
A-6 Reviews
A. Review the Provider Authorization History screen (DPRC) periodically to determine if the provider has current Authorizations.
B. Inactivate the provider on the DPRO screen of the JAS/Child Care Computer system using the following steps if there are no current Authorizations:
1. Delete the provider type code;
2. Type "Inactive" and the date on the first address line;
3. Delete the Certification Date;
4. Enter a "P" in the Exempt Space;
5. Enter and "I" in the Enrolled space; and
6. Press enter twice to get back to the DPRS screen;
7. Look for a message at the top of the screen which states "Record Was Successfully Updated." This will help keep the provider list current.
C. Review the Provider Authorization History screen prior to writing authorizations for exempt providers to determine if licensing may be needed.
A-7 Terminations
A. Terminate the Authorization (DAUC) in the following situations: (Refer to the Day Care Conclusion Table on the computer system.)
1. The provider no longer meets licensing standards;
2. The provider no longer meets the minimum health and safety standards;
3. The legally exempt provider has failed to submit verification of current certification in infant/child CPR and first aid;
4. The provider committed fraud;
5. The provider is disqualified due to IPV;
6. The provider is in violation of a federal, state or local law;
7. The child is no longer being cared for by that provider;
8. The authorization is no longer applicable to the client's current situation;
9. The provider, a household member or substitute provider who has access to the child(ren) has a substantiated abuse or neglect case and good cause cannot be shown.
B. Assure the appropriate JAS child care notice of adverse action is issued prior to terminating the case.
A-8 Overpayment/Recovery
Use and follow the procedures as outlined in
the Overpayment/ Recovery, Section 2000.
A-9 Administrative Hearing
Requested by Provider
Continue making payments when a provider
requests an administrative hearing pending action taken by the Child
Care Licensing unit unless there is a substantiated child abuse or neglect (CPS)
case.
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