Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 22 - Division of Child Care and Early Childhood Education › Rule 016.22.07-002 - Family Support Unit Operational Policy

Current through Register Vol. 49, No. 6, June, 2024
SECTION 1
- INTRODUCTION TO CHILD CARE
			 ASSISTANCE
1.1
MISSION
			 STATEMENT
The mission of the Child Care Assistance Program is to assist
				families striving towards self-sufficiency with their child care needs by
				providing resources, information and referrals. In carrying out this mission,
				it is our goal to provide quality child care assistance in a timely and
				courteous manner, focus on the individuals' dignity and self-respect, maintain
				parental choice, guard the integrity of the program and recognize employees'
				achievement.
1.2
PURPOSE OF THE CHILD CARE ASSISTANCE PROGRAM
The purpose of the Child Care Assistance Program is to increase
				the availability, affordability and the quality of child care for families in
				the state of Arkansas. Further goals include assisting families in achieving
				and maintaining economic self-support and self-sufficiency.
The goals of economic independence and prevention of welfare
				dependency are promoted through the belief that continued employment results in
				more secure families. This program reinforces the idea that the strength of the
				family is important to the state's and the nation's economy. Targeting families
				that are attempting to achieve and maintain economic independence from welfare
				is a concern of state and federal government.
The goal of the Child Care Assistance Program includes
				preventing or ameliorating the neglect, abuse, and exploitation of children
				through child care services. Its purpose also includes preventing and reducing
				the unnecessary or inappropriate institutionalization of children.
Primary funding for the Child Care Assistance Program comes
				from the Child Care and Development Fund. The Child Care and Development Fund
				(CCDF) is under the administration of the U.S. Department of Health and Human
				Services, Administration for Children and Families. The Child Care and
				Development Fund is distributed to the states to provide child care services
				for low-income families.
The Arkansas Department of Health and Human Services, Division
				of Child Care and Early Childhood Education (DCC-ECE) has been designated as
				the lead agency to administer federal funds available to Arkansas through the
				CCDF.
1.3
FEDERAL
			 REGULATIONS AND PROGRAM GUIDELINES
As the lead agency, the Arkansas Department of Health and Human
				Services (DHHS) is responsible for implementing a program that complies with
				federal regulations associated with the CCDF. Under these regulations, DHHS
				must ensure that:
* The program is made accessible to all eligible parents (as
				funding allows)
* Parents/guardians are given a choice of eligible providers
				and that the requirements of this program will not significantly restrict
				parental choice of the types of providers
* Parents/guardians will have unlimited access to their
				children and to the providers that are caring for their children during normal
				hours of operation
* A record of parental complaints is maintained and made
				available to the public on request
* Consumer education information is made available to the
				public concerning licensing and regulatory requirements, complaint procedures,
				health and safety information and policies relative to child care
				services
* Payment rates will be sufficient to ensure equal access for
				eligible children
1.3.1
Parental Choice
The casehead* of the child shall select the child care provider
				for the child, except in Protective Services and/or Foster Care cases. In
				Protective Service and or Foster Care cases, the Division of Children and
				Family Services (DCFS) will make the final decision concerning the child care
				provider based on the child's needs and the case plan. Providers meeting state
				Quality Approval Accreditation shall be given priority consideration in this
				selection.
*-The term
casehead
refers to the person
				applying for child care assistance on behalf of a child. A casehead must be at
				least 18 years of age (except in the case of an emancipated minor) and must
				have full-time physical custody of the child. For future reference in policy,
casehead
will be synonymous with parent, guardian, client,
				applicant or recipient.
The Child Care Eligibility Specialist (CCES) shall be
				responsible for assisting eligible participants and recipients with their child
				care arrangements by making available the following information:
* A list of child care providers that participate in the Child
				Care Assistance Program in the area where the child care is needed
* How the parent may obtain substantiated deficiencies or child
				maltreatment reports regarding particular facilities
* How to select a child care provider The casehead must select
				a provider that:
* Is licensed or registered by the Division of Child Care and
				Early Childhood Education
* Meets the requirements of the State of Arkansas
* Has attended required provider training and has submitted a
				signed copy of the Child Care System Participant Agreement, DHHS-9800
* Has a Request for Taxpayer Identification Number and
				Certification (Federal Form W-9) on file with DHHS, as well as the State
				Contract and Grant Disclosure Forms (State Forms F-1 and F-2).
If a provider that meets these requirements cannot be located,
				the casehead may request assistance from the CCES in locating a
				facility.
1.3.2
Confidentiality of Information
Federal and state laws, as well as DHHS policy restrict the use
				or disclosure of information concerning applicants or recipients of child care
				services to purposes directly connected with the administration of the program.
				The casehead, upon signing the Application for Child Care Assistance (DCC-513),
				gives consent for the Division of Child Care and Early Childhood Education
				(DCC-ECE) to secure information related to the client's eligibility from
				collateral sources.
1.3.4
Prohibited Discriminatory Practices
DHHS is in compliance with Titles VI and VII of the Civil
				Rights Act of 1964, Sections 503 and 504 of the Rehabilitation Act of 1973, as
				amended and the Americans with Disabilities Act of 1990.
1.3.5
Use of Policy Manual
The CCES, as well as other Family Support Unit employees, will
				utilize this policy manual, as well as any applicable procedures manual, to
				determine assistance eligibility for all applicants in a fair, consistent and
				timely manner. The CCES is responsible for exercising prudent and reasonable
				judgment when applying policy.
1.4
OVERVIEW OF CASEHEAD
			 RESPONSIBILITIES
The casehead has the responsibility to provide complete and
				accurate information and documentation regarding the casehead's situation any
				time it is requested by a DCC-ECE employee.
The casehead also has the responsibility to report to the CCES
				any change that affects eligibility or fee assessment within ten (10) days of
				the date the change occurs.
The casehead must provide a minimum of seven (7) days advance
				written notice to the CCES and the current child care provider when they wish
				to change child care providers. Failure to abide by this provision will result
				in the casehead being responsible for the child care bill at the new facility
				until the new authorization is written.
1.5
APPEALS AND HEARINGS
1.5.1
Right to Case
			 Review
Whenever an application is denied, or an adverse action is
				taken, the casehead will be informed in writing of the decision and of the
				right for a review of the decision. The notice must state that the casehead has
				ten (10) days from the date of the Notice of Action (DCC-531) in which to
				submit a request for Internal Review of the decision. The complete Internal
				Review and Appeal process is outlined in Sections 1.6.3 and 1.6.4 of this
				policy manual. The casehead, or an individual acting on behalf of a casehead,
				may request an Internal Review regarding the following actions:
Reduction of child care services
Termination of child care services
Fee assessment
Failure of the agency to act upon a request for child care
				services within agency timeframes outlined in policy
Anyone acting on behalf of a casehead must be acting at the
				written request of the casehead, and must be acting strictly in the interest of
				the casehead. A child care provider cannot act on behalf of the casehead during
				an Internal Review or Appeal process.
Action taken by DCC-ECE as a result of unavailability of funds
				is not subject to appeal.
Any appeal or request for review not received within the
				timeframe outlined in policy shall be denied.
1.5.2
Internal Review
The first step in appealing any adverse action is to request an
				Internal Review. Any complaint regarding an adverse action or service delivery
				must be made in writing to the Area Supervisor within ten (10) days of the
				adverse action. Once received, the Supervisor will render a written decision
				within three (3) working days. If the casehead is not satisfied with this
				decision, the casehead may request an Internal Review, in writing, from the
				Unit Administrator within seven (7) days of the date of notice of action from
				the Area Supervisor. The Unit Administrator will then render a written decision
				within three (3) working days of the request.
If the client remains dissatisfied with the decision made by
				the Unit Administrator, the casehead may request an Internal Review by the
				Division Director. This request for an Internal Review must be made in writing
				and received within thirty (30) days of the date of adverse action from the
				Unit Administrator. The written request must be mailed to the Division
				Director, Division of Child Care and Early Childhood Education, Department of
				Health and Human Services, P.O. Box 1437, Slot S-140, Little Rock, Arkansas,
				72203-1437.
Once the Division Director has received the written request for
				an Internal Review from the casehead, the Division Director will inform the
				casehead of the decision of the Internal Review, in writing, within ten (10)
				working days of the date the written request for the review was
				received.
1.5.3
Administrative Hearing
The casehead may request an Administrative Hearing within
				thirty (30) days from the date of the adverse action by the Division Director.
				The request shall be made to Office of Appeals and Hearings, P.O. Box 1437,
				Slot N-401, Little Rock, AR 72203-1437. The Administrative Hearing process is
				also available to clients or providers when allegations of overpayments and/or
				fraud in the Child Care Assistance Program have been made.
The Office of Appeals and Hearings will notify the Family
				Support Unit that a casehead has requested a hearing. The Family Support Unit
				will then prepare a Hearing File which will contain that part of the record
				that was utilized in making the decision that is being appealed, a summary of
				the facts and actions that led to the decision, any supporting evidence and a
				list of witnesses. This file will be sent to the Office of Appeals and
				Hearings. DHHS employees are expected to attend hearings and present testimony
				without benefit of a subpoena and will be notified by the Office of Appeals and
				Hearings of their required presence at the hearing. The Family Support Unit
				will be notified of any witnesses requested by the casehead and will have five
				(5) days from the receipt of this notice to request subpoenas for rebuttal
				witnesses.
The individual requesting the hearing (hereafter called the
				Petitioner) and/or his/her representative(s), will be advised by Form DHHS-3205
				that he has ten (10) days from the date he signed the certified mail receipt to
				request witnesses. The DHHS-3205 will be prepared by the Office of Appeals and
				Hearings and sent by Certified Mail, Return Receipt Requested.
The Office of the Chief Counsel, Department of Health and Human
				Services, will issue the subpoenas, pursuant to Arkansas Code Ann.
				25-15-209. After the timeframes
				have expired for subpoenaing witnesses, the hearing will be scheduled at least
				ten (10) days prior to the date of the hearing. The scheduling letter will
				contain the time, date, and place of the hearing and the name of the Hearing
				Officer who will be in charge of the hearing. The location of the hearing will
				normally take place in the county of residence of the petitioner, unless the
				petitioner requests another, more convenient location.
If the petitioner fails to appear for the hearing and has not
				notified the Office of Appeals and Hearings prior to the date of the hearing of
				their inability to attend, the appeal will be abandoned.
It is the responsibility of the Family Support Unit to appoint
				a representative prior to the time of the hearing. The appointed representative
				should be knowledgeable of the circumstances of the case, be able to summarize
				all pertinent aspects of the situation, and to present the supporting
				documentation. The representative should be able to answer questions posed by
				the Hearing Officer or the Petitioner. The representative must be prepared to
				question any adverse witnesses.
The Family Support Unit Representative may request an attorney
				from the Office of Chief Counsel. A Hearing Officer from the Office of Appeals
				and Hearings Section, who had no previous part in the decision, will conduct
				the hearing. The Petitioner may be represented by a friend, legal counsel, or
				another designated individual.
The Hearing Officer may not review the case record or other
				material either prior to or during the hearing unless the same material is made
				available to the Petitioner or the Petitioner's representative.
The hearing will be conducted in an informal, but orderly
				manner. The Hearing Officer will explain the hearing procedure to the
				Petitioner. The Family Support Unit Representative will read the Administrative
				Hearing Statement and will present the Division's case, introducing evidence
				and questioning witnesses. At the conclusion of the Division's case, the
				Petitioner will have the opportunity to present his case, including presenting
				witnesses, advancing arguments, offering additional evidence and questioning
				the Family Support Unit Representative. Questioning will be confined to the
				issue at hand. At the conclusion of the hearing, the Hearing Officer will
				advise the Petitioner of Petitioner's right to a judicial review in the event
				of an adverse ruling.
The decision by the Hearing Officer becomes final Department
				action unless successfully appealed by the Petitioner.