Www.dhs.state.or.us



Child Care Provider RequirementsThe intent of the listing process is to ensure providers meet all Early Learning Divisions, Office of Child Care (OCC) licensing requirements, meet all Department of Human Services (DHS) pre-service program requirements, health and safety standards and pass a background check to be eligible for payment. This is important for child safety. The requirements apply to all child care providers paid by DHS . The process is designed to encourage compliance with the requirements before providers are approved for payment. The listing form includes an agreement that all providers must sign, indicating that they meet the program requirements. The provider must submit a completed Child Care Provider Listing Form and Provider Information Sheet (DHS 7494) to the Department within 30 calendar days from the date the Department issues the listing form to the individual. The listing form includes an agreement that all providers and persons subject to records checks as described in number (7) of this section must sign, indicating that they meet the program requirements. The provider and persons subject to records checks as described in number (7) of this section must fully disclose all requested information as part of the records check. NOTE ?DHS payment: For license-exempt providers (FAM, QFM, NQC and QEC), will only be made for an eligible child for child care provided on or after the date the provider is in approved listing status (see CC-WG#3 for additional details on the listing process and effective date for provider payments).For licensed providers (RFM, CFM and CNT), child care payments can be back-dated because the licensed provider has already completed a background check. Back pay cannot be allowed for licensed providers who did not meet DHS requirements (failed, suspended, denied or collection status).Program requirementsTo be eligible for child care payment from DHS, all child care providers must submit a completed listing form to DPU, pass a background check and comply with the following program requirements: Agree not to charge DHS individuals a higher rate than they charge their other individuals; Keep daily attendance records for at least 12 months that show when children are in care, and billing records for each child receiving DHS child care benefits; Give DHS their correct SSN or IRS identification number; Be the person who actually provides the child care (the provider may only use someone else to supervise a child on a temporary basis if the person was included on the most current listing form and the provider notifies DPU); Be an eligible provider. This means the provider must be at least 18 years old and cannot be a parent or step-parent of the child, a parent of the child’s sibling (including unborn children) if all live in the same household, a sibling who lives with the child or in the same filing group as the child in care; Not bill a Department individual for an amount collected by the Department to recover an overpayment or an amount paid by the Department to a creditor of the provider because of a lien, garnishment or other legal process; Develop and communicate expulsion and suspension policies to parents/caretakers; Provide evidence of compliance with the rules, including an inspection when DHS determines an inspection is necessary; Complete and submit a new listing form every two (2) years or sooner at the request of the Department, so that the Department may review the provider’s eligibility; Licensed Providers must meet the regulatory requirements of the Office of Child Care (OCC) or, if exempt from licensing, attend a child care orientation class given by DHS or a local Child Care Resource and Referral (CCR&R) Department. License-exempt providers who are a nonrelative to at least one child in care must complete required pre-service trainings (Introduction to Child Care Health and Safety, Recognizing and Reporting Child Abuse and Neglect (RRCAN), Infant and Toddler CPR/First aid), submit to and pass a Health and Safety review of the child care site by an Early Learning Division, Office of Child Care Licensing Specialist and meet OCC rules (OARs 414-175-0005 through 414-175-0100. Definition of a relative provider is: Great-grandparent, Grandparent, Aunt, Uncle and sibling not living in the home of the child needing care. License exempt providers who are a relative to the child in care must complete the pre-service “Introduction to Child Care Health and Safety”; All Providers who are exempt from licensing, must attend the DHS Child Care Orientation class given by a local Child Care Resource and Referral (CCR&R) Department; Must provide care at a location within the state of Oregon. TYPES OF CHILD CARE IN OREGON ?Care that does not require licensing in Oregon:The provider cares for three or fewer children in addition to the providers own children; The provider cares for any number of children from the same family; The care is provided in the home of the child; The care is provided by the child’s parent or guardian or a relative; The care is provided on an occasional basis by someone who does not usually provide child care; The facility provides a preschool program that operates for four hours or less per day and provides education to children from age 3, up to school age; The facility provides training on a specific subject such as dancing, drama, music, etc.; The facility is an organized club or hobby group providing short athletic or social activities, such as soccer, scouts, etc.; The facility is operated by a governmental Department. Only one exemption may apply at any one time; they cannot be combined. Registered providers: OCC requires providers who give care in their own home for more than three children (not including the provider’s own children) to be Registered. This means the provider completes a Family Child Care Overview session, meets training requirements, passes criminal and child protective services records checks, agrees to meet health and safety standards and passes a health and safety review by OCC. Certification by OCC requires some training in childhood care and education, passing a background check, and includes regular inspections by a OCC certifier. Certification applies to both child care family homes and child care centers. (Family home care is provided in a dwelling, but it meets a higher standard than care provided in most family child care homes). Most, but not all, child care centers are required to be certified. Center care may be exempt from OCC requirements if it is provided by a school district or recreation program. Suspension and Expulsion in Child Care Settings DHS recognizes the importance of children’s social- emotional and behavioral health. High-quality early childhood environments and positive experiences nurture social, emotional and behavioral health. Exclusionary practices, such as expulsion and suspension, are negative experiences that hinder children’s development and learning. Providers should develop and clearly communicate preventative guidance, discipline practices, expulsion and suspension policies. Strong partnerships between parents and providers are good for children. By increasing the level of communication between providers and families, we have the opportunity to reduce or prevent expulsion and help children become strong. Direct Provider Payments; General Information Rule461-165-0160 — Direct Provider Payments; General InformationEligibility of Child Care Providers Rule461-165-0180 — Eligibility of Child Care ProvidersHome/facility health and safety requirementsProviders must ensure the home or facility where care is provided meets the following standards: All floor levels used by children have two usable exits to the outdoors (a sliding door or window that can be used to evacuate children can be considered a usable exit). If a second floor is used for child care, the provider has a written plan for evacuating occupants in an emergency: The home or facility has water that is safe to drink; The home or facility has a working smoke detector on each floor level and in any area where children nap; Fireplaces, space heaters, electrical outlets, wood stoves, stairways, pools, ponds and other hazards have barriers to protect children; The building, grounds, toys, equipment and furniture are maintained in a clean, sanitary and hazard-free condition; Firearms, ammunition and other dangerous items such as medicine, drugs, cleaning supplies, paints, plastic bags and poisonous and toxic materials are kept in a secure place out of children's reach; The home or facility has a working telephone; No one smokes or uses smokeless tobacco in the home or facility during the hours the child care business is conducted. No one smokes or uses smokeless tobacco in motor vehicles while child care children are passengers; No one consumes or is under the influence of alcohol or nonprescription controlled substances while child care children are present; Child care is not conducted in a halfway house, hotel, motel, shelter or other temporary housing such as a tent, trailer or motor home. (This does not apply to licensed care approved in a hotel, motel or shelter); Child care is not conducted in a structure that is designed to be transportable and not attached to the ground, another structure, or to any utilities on the same premises. NOTE ?License-exempt nonrelative providers and Licensed providers are required to follow home/facility health and safety requirements as specified by each Department.Eligibility of Child Care Providers Rule461-165-0180 — Eligibility of Child Care ProvidersRequired training for providersProviders legally exempt (License Exempt) from certification or registration with the OCC of the Department of Education (DOE) must complete an orientation provided by DHS or a Child Care Resource and Referral Department within 90 days of being approved by the Department if the provider: Receives payment from the Department on behalf of a subsidy family; andBegins providing child care services after June 30, 2010; or Resumes providing services after a break of a year or more after June 30, 2010. A provider who is in ‘Failed’ status because they did not attend an Orientation will not be paid for child care provided while in failed status – except for any billing forms already issued to the provider. Billing forms will stop being sent to the provider until the month in which the Orientation is completed. Past billing forms during the time the provider was failed will not be issued. Example:A provider failed in December completes the Orientation on February?15. If individual and provider are otherwise eligible, provider can be paid for the month of February - effective February 15 - (and forward). Billing forms will not be issued for January while the provider was in failed status. A provider is failed in February because they did not meet the requirement to attend the orientation. Billing forms issued for February will be paid (if individual and provider are otherwise eligible). If the child care provider completes the orientation in March, billing forms will be issued for March and can be paid effective from the date the provider completed the orientation (and is in approved status).Basic Child Care Health and Safety training and Introduction to Child Care Health and Safety License Exempt providers and Registered Family Child Care Providers registered with the OCC must complete the Basic Child Care Health and Safety online training or have taken the Oregon Kids Healthy and Safe (OKHS) three-hour training. This training must be completed before the Child Care Provider can be approved and listed as a provider with DHS. More information about this training can be found at dhs/children/pages/childcare/providers.aspx Providers who are already approved and listed with DHS as of April 1, 2014, and are licensed exempt or registered with OCC must take the training at their next reevaluation. Providers who have taken the OKHS anytime in the past are considered to have met this requirement. Effective November 1, 2016, all providers who were required to take the Basic Child Care Health and Safety training or Oregon Kids Healthy and Safe (OKHS) must take the new version “Introduction to Child Care Health and Safety.” This is due to new federal requirements. Introduction to Child Care Health and Safety will be available online September 30. All providers that are becoming approved starting November will be required to take the training before sending in their Child Care Provider Listing Form (DHS?7494). All license exempt and registered child care providers already approved by DHS must take this training by July 31, 2017. There are no exemptions for this training and OKHS does not replace taking the new training. More information can be found at: dhs/children/pages/childcare/providers.aspx. Direct Provider Payments; General Information Rule461-165-0160 — Direct Provider Payments; General InformationEligibility of Child Care Providers Rule461-165-0180 — Eligibility of Child Care ProvidersProvider health and safety requirementsProviders must meet the following caregiver requirements: Obtain written approval from their certifier or certifier's supervisor if the provider is also certified as a foster parent; Be 18 years of age or older and in such physical and mental health as will not affect adversely a child in care (the Department may request documentation to verify this); Report to the DPU within five (5) days of occurrence; Any arrest or convictions of persons subject to background checks as described in number (7) of this section; Any involvement of persons subject to background checks as described in number (7) of this section with CPS or any other Department providing child protective services; Any change to the provider’s name or address including any location where care is provided; The addition of any persons subject to background checks as described in number (7) of this section. Report suspected child abuse of any child in his or her care to CPS or a law enforcement Department; Supervise children in care at all times; NOTE ?APD homecare workers and I/DD, AMH personal support workers will need to report all work schedules as part of the listing process. DHS will review the work schedules and care duties to determine if the provider can supervise children in care at all times and provide a healthy and safe environment.Prevent persons who behave in a manner that may harm children from having access to children in care; Allow custodial parents of children in care to have immediate access to their children at all times; Inform parents of the need to obtain immunizations for their children; Comply with state and federal laws related to child safety systems and seat belts in vehicles, bicycle safety and crib standards under 16 CFR 1219 and 1220; Place infants to sleep on their backs; Take steps to protect children from the spread of infectious diseases. NOTE ?Licensed providers must follow any additional health and safety requirements as specified by OCC.Eligibility of Child Care Providers Rule461-165-0180 — Eligibility of Child Care ProvidersChild care provider background checksThe intent is to ensure that all providers who are paid by DHS have a current background check completed through OCC or, if exempt from registration or licensing by OCC, through DHS. Even though a provider may be registered or certified with OCC, DHS may deny eligibility for payment if a current background check indicates substantial risk to the health and safety of children. Fingerprinting is required as part of a Federal Bureau of Investigation (FBI) national criminal history check. Background checks will include the following components: An FBI fingerprint check using the Integrated Automated Fingerprint Identification System; A search of the state criminal and sex offender registry or repository in the state where the individual resides, and each state where the individual resided during the preceding five years; A search of the National Crime Information Center; A search of the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.). A background check may include information from the Driver and Motor Vehicle Services Division; Department of Corrections, Juvenile Justice system and local, state and federal courts. Information from other criminal justice, corrections and law-enforcement agencies and other state and local government agencies may also be used. This may include information related to abuse or neglect of vulnerable persons. Persons subject to records checksOCC regulations specify who is subject to a background check for providers who are registered or licensed by OCC. Providers who are exempt from OCC regulation must complete background checks on the following persons: The provider and whomever they use to supervise children in their absence; Other persons 16 years of age or older who live in the home where care is provided. This includes the parent of the child in care when the parent and child care provider live in the same household; Persons who visit the home of a provider during the hours child care is provided and may have unsupervised access to children in care; Site directors of child care centers and programs that are specifically exempted by law from certification by OCC, and their employees or volunteers who may have unsupervised access to children. Mandatory Exclusions Federal law lists a number of convictions that make anyone subject to a background check as a child care provider ineligible for the position. If anyone subject to a background check for providing child care have any of the following convictions or conditions, the background check request will result in a decision of “Mandatory Exclusion” and the provider will not be able to provide care: Refusal to complete the background check; Knowingly making a materially false statement in connection with your criminal history of arrests, charges or convictions/adjudications; Listing on, or requirement to be listed on a sex offender registry; Felony conviction consisting of: Murder; Child abuse or neglect; A crime against children, including child pornography; Spousal abuse; Rape or sexual assault; Kidnapping;Arson; Physical assault or battery. Conviction of a violent misdemeanor as an adult against a child, including but not limited to: Child abuse; Child endangerment; Sexual assault.Conviction of misdemeanor child pornography; A drug-related offense if within five years from the date the Department makes a decision about an applicant’s background check, and if the Department determines after reviewing all information in the background check that they pose a risk to children in care. Disqualifying criminal historyCrimes considered A conviction of any of the following crimes or offenses is potentially disqualifying, unless otherwise provided by law: All felonies; All misdemeanors; Any U.S. military crime or international crime. The authorized Department or district shall evaluate a crime or offense on the basis of the law of the jurisdiction in which the crime or offense occurred. DHS may also deny eligibility for payment when the criminal history of the provider, or other person subject to these rules, indicates behavior that may jeopardize the safety of children or have a detrimental effect on children in care, such as:Arrests for drug-related, sexual or violent crimes listed in the permanent review crime list; Arrests for any crime listed, or warrants for arrest, where final disposition has not been reached; Convictions for two or more crimes listed during any time period; Convictions for two or more crimes, which relate to the person's qualification or duties as a child care provider, whether or not listed in this rule, including a conviction for violation of probation; Multiple arrests (two or more) for a listed crime within the past five years, or three or more arrests for a listed crime during any time period; Providing misleading, false or incomplete information regarding pending charges or criminal history on any application or report provided to DHS; An outstanding warrant; A deferred sentence, conditional discharge or participating in a diversion program; Current probation, parole or post-prison supervision; An unresolved arrest; Arrested as a fugitive from another state; An adjudication in juvenile court finding the individual responsible for a potentially disqualifying crime. Provider Listing; Disqualifying Criminal History Rule461-165-0410 — Provider Listing; Disqualifying Criminal HistoryDisqualifying protective services historyBCU completes a child protective services (CPS) records check on the provider and other persons subject to background checks. CPS records are maintained by DHS. If the check results in one or more reports implicating the person in child abuse, neglect or failure to protect a child, the person will have a potential disqualification that will require a weigh test. BCU also completes an adult protective services (APS) records check on the provider and other persons subject to background checks. APS records are maintained by DHS. If the check results in one or more reports finding the person responsible for serious sexual abuse, physical abuse, or financial abuse, the person will have a potential disqualification that will require a weigh test. DHS Background Check Unit (BCU) weigh test If the provider or anyone subject to a background check has any potentially disqualifying criminal history, potentially disqualifying protective service history, or other potentially disqualifying conditions, BCU shall conduct a weighing test . The weigh test will include, but is not limited to, an assessment of: The nature of the crime; The facts supporting the conviction, arrest or warrant; Intervening circumstances since the incident; Likelihood of repetition of behaviors leading to potentially disqualifying convictions or conditions, including, but not limited to patterns of criminal activity or behavior; Information provided as requested by DHS; The content of the abuse reports, the time elapsed since the reports and the number of reports and referrals indicate that repeated behavior is unlikely; The information provided indicates that the person has successfully participated in rehabilitation, training or counseling to address the behavior; The information provided indicates that abuse of drugs or alcohol is unlikely. After review, DHS may approve and pay for the services of a child care provider with a disqualifying criminal history, only if determined that repeated criminal behavior is unlikely and the provider does not present a danger to children in care. Provider Listing; Disqualifying Criminal History Rule461-165-0410 — Provider Listing; Disqualifying Criminal HistoryDenial notificationsIf BCU determines that a provider is not eligible for payment based on a criminal history or a protective service records check, they will send the provider a denial notice. The notice to the provider will include the following information: The provider is entitled to a review of the circumstances related to their denial. To request a review, the provider must send the information to the BCU; The provider has the right to a hearing if the request is made, in writing, within 45 days of the notification date. Before the hearing, the provider will be contacted by a Hearing Representative to schedule an informal conference; The provider remains ineligible for payment pending the hearing, unless the decision to deny eligibility was based on a mistake in identifying the person with the CH or CPS record; The provider is not eligible to reapply for listing until 180 days after the denial date. When the denial is recorded on the computer record, a notice will be sent to the parent telling them the provider has been denied based on a records check. The notice tells the parent to talk to the provider if they want more detailed information. Child Care Provider Hearings Rule461-165-0430 — Child Care Provider HearingsChild care provider hearingsProviders have a right to a contested case hearing only to dispute: A denial of eligibility for payment; or An allegation of an overpayment of child care payments. Payment issues such as the number of authorized hours or DHS maximum rates are not hearable issues. Child Care Provider Hearings Rule461-165-0430 — Child Care Provider HearingsHearings on provider overpaymentsWhen DHS has determined that a provider overpayment has occurred, a notice of the overpayment and of the right to a hearing will be sent to the provider. To have a hearing on the overpayment, the provider must request it within 45 days of the date of the notice. To delay repayment on an overpayment until a decision is reached, the hearing request must be made in writing within 15 days of the notice date. For information on determining provider overpayments, see Overpayments.Hearing Requests Rule461-025-0310 — Hearing RequestsChild Care Provider Hearings Rule461-165-0430 — Child Care Provider HearingsHearings on denial of provider eligibilityWhen BCU determines the provider is not eligible for payment based on a records check, the notice described above will be sent. To be granted a hearing, the provider must request it within 45 days of the notice. The provider is not eligible for payment pending the hearing decision. An informal conference will be scheduled, in which DHS and the provider discusses the specific information needed to restore the provider's eligibility. If the issue is not resolved at the informal conference, a hearing will be held in accordance with the policy in the hearings section of the Generic Program Information chapter of this manual. The provider is not eligible to reapply for listing until 180 days after the denial date. Child Care Provider Hearings Rule461-165-0430 — Child Care Provider Hearings ................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download