Iowa Administrative Code › Agency 441 - Human Services Department › Title XV - Individual and Family Support and Protective Services › Chapter 170 - Child Care Services › Rule 441-170.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Agency error"
means child care assistance
				  incorrectly paid for the client because of action attributed to the department
				  as the result of one or more of the following circumstances:
1. Loss or misfiling of forms or
				documents.
2. Errors in typing or
				copying.
3. Computer input
				errors.
4. Mathematical
				errors.
5. Failure to determine
				eligibility correctly or to certify assistance in the correct amount when all
				essential information was available to the department.
6. Failure to make timely changes in
				assistance following amendments of policies that require the changes by a
				specific date.
"Child care"
means a service that provides
				  child care in the absence of parents for a portion of the day, but less than 24
				  hours. Child care supplements parental care by providing care and protection
				  for children who need care in or outside their homes for part of the day. Child
				  care provides experiences for each child's social, emotional, intellectual, and
				  physical development. Child care may involve comprehensive child development
				  care or it may include special services for a child with special needs.
				  Components of this service shall include supervision, food services, program
				  and activities, and may include transportation.
"Child with protective needs"
means a child
				  who is in foster care or has a case file that identifies child care as a safety
				  or well-being need to prevent or alleviate the effects of child abuse or
				  neglect. Child care is provided as part of a safety plan during a child abuse
				  or child in need of assistance assessment or as part of the service plan
				  established in the family's case plan. The child must have:
1. An open child abuse assessment;
2. An open child in need of assistance
				assessment;
3. An open child
				welfare case as a result of a child abuse assessment;
4. A petition on file for a child in need of
				assistance adjudication; or
5.
				Adjudication as a child in need of assistance.
"Child with special needs"
means a child
				  with one or more of the following conditions:
1. The child has been diagnosed by a
				physician or by a person endorsed for service as a school psychologist by the
				Iowa department of education to have a developmental disability which
				substantially limits one or more major life activities, and the child requires
				professional treatment, assistance in self-care, or the purchase of special
				adaptive equipment.
2. The child
				has been determined by a qualified intellectual disability professional as
				defined in rule 441-83.60 (249A) to have a
				condition which impairs the child's intellectual and social
				functioning.
3. The child has been
				diagnosed by a mental health professional as defined in rule
				441-24.1 (225C) to have a
				behavioral or emotional disorder characterized by situationally inappropriate
				behavior which deviates substantially from behavior appropriate to the child's
				age, or which significantly interferes with the child's intellectual, social,
				or personal adjustment.
"Client"
means a current or former recipient
				  of the child care assistance program.
"Client error"
means and may result
				  from:
1. False or misleading
				statements, oral or written, regarding the client's income, resources, or other
				circumstances which affect eligibility or the amount of assistance
				received;
2. Failure to timely
				report changes in income, resources, or other circumstances which affect
				eligibility or the amount of assistance received;
3. Failure to timely report the receipt of
				child care units in excess of the number approved by the department;
4. Failure to comply with the need for
				service requirements.
"Department"
means the Iowa department of
				  human services.
"Food services"
means the preparation and
				  serving of nutritionally balanced meals and snacks.
"Fraudulent means"
means knowingly making or
				  causing to be made a false statement or a misrepresentation of a material fact,
				  knowingly failing to disclose a material fact, or committing a fraudulent
				  practice.
"In-home"
means care which is provided
				  within the child's own home.
"Migrant seasonal farm worker"
means a
				  person to whom all of the following conditions apply:
1. The person performs seasonal agricultural
				work which requires travel so that the person is unable to return to the
				person's permanent residence within the same day.
2. Most of the person's income is derived
				from seasonal agricultural work performed during the months of July through
				October. Most shall mean the simple majority of the income.
3. The person generally performs seasonal
				agricultural work in Iowa during the months of July through October.
"On-line or distance learning"
means
				  training such as, but not limited to, training conducted over the Iowa
				  communications network, on-line courses, or web conferencing. The training
				  includes:
1. Interaction between the
				instructor and the student, such as required chats or message boards;
2. Mechanisms for evaluation and measurement
				of student achievement.
"Overpayment"
means any benefit or payment
				  received in an amount greater than the amount the client or provider is
				  entitled to receive.
"Parent"
means the parent or the person who
				  serves in the capacity of the parent of the child receiving child care
				  assistance services.
"Program and activities"
means the daily
				  schedule of experiences in a child care setting.
"PROMISE JOBS"
means the department's work
				  and training program, promoting independence and self-sufficiency through
				  employment job opportunities and basic skills, as described in 441-Chapter
				  93.
"Provider"
means a licensed child care
				  center, a registered child development home, a caretaker who provides care for
				  a child in the child's home, or a nonregistered child care home.
"Provider error"
means and may result
				  from:
1. Presentation for payment of
				any false or fraudulent claim for services or merchandise;
2. Submittal of false information for the
				purpose of obtaining greater compensation than that to which the provider is
				legally entitled;
3. Failure to
				report the receipt of a child care assistance payment in excess of that
				approved by the department;
4.
				Charging the department an amount for services rendered over and above what is
				charged private pay clients for the same services;
5. Failure to maintain a copy of Form
				470-4535 signed by the parent and the provider.
"Recoupment"
means the repayment of an
				  overpayment by a payment from the client or provider or both.
"Supervision"
means the care, protection,
				  and guidance of a child.
"Transportation"
means the movement of
				  children in a four or more wheeled vehicle designed to carry passengers, such
				  as a car, van, or bus, between home and facility.
"Unit of service"
means a half day which
				  shall be up to 5 hours of service per 24-hour period.
"Vocational training or education"
means a
				  training plan which includes a specific goal, that is, high school completion,
				  improved English skills, or development of specific academic or vocational
				  skills.
Training may be approved for high school completion
				  activities, high school equivalency, adult basic education, English as a second
				  language, or postsecondary education, up to and including an associate or a
				  baccalaureate degree program.