R986-700-703. Client Rights and Responsibilities

  In addition to the client rights and responsibilities found in R986-100, the following client rights and responsibilities apply:

  (1) A client has the right to select the type of child care which best meets the family's needs.

  (2) If a client requests help in selecting a provider, the Department will refer the client to the local Care About Child Care agency.

  (3) A client is responsible for monitoring the child care provider. The Department will not monitor the provider.

  (4) A client is responsible to pay all costs of care charged by the provider. If the child care assistance payment provided by the Department is less than the amount charged by the provider, the client is responsible for paying the provider the difference.

  (5) The only changes a client must report to the Department within ten days of the change occurring are:

  (a) that the household's gross monthly income exceeds the percentage of the state median income as determined by the Department in R986-700-710(3);

  (b) if the client no longer needs child care;

  (c) a change of address;

  (d) a child receiving child care moves out of the home;

  (e) a change in the child care provider, including when care is provided at no cost; and,

  (f) when the child has stopped attending child care or has not attended child care for at least eight hours during the month for which CC was authorized.

  (6)(a) The following are allowable temporary changes:

  (i) Time-limited absences from work due to medical or other emergency, such as maternity leave, bed rest, or temporary medical issues of the client or an immediate family member living in the client's home if the client is responsible for the immediate family member's care;

  (ii) Temporary fluctuations in earnings or hours, such as summer break for teachers or seasonal hours changes for IRS employees, that would otherwise have the effect of causing the client to fail to meet the minimum work requirements for eligibility;

  (iii) Scheduled holidays or breaks in a client's educational training schedule;

  (iv) An eligible child turning 13 years old during an eligibility review period, unless the child no longer has a need for child care; and,

  (v) A client who has been approved for ongoing employment support child care at application or recertification and has a permanent loss of employment may remain eligible through the remainder of that certification period.

  (b) A client who experiences an allowable temporary change after having been approved for ongoing employment support child care (ES CC) may continue to receive child care payments at the same level for the remainder of the certification period.

  (7) Once an eligibility determination is made and a full month's payment and copayment is assessed, benefits will be paid at the same level during the remainder of the certification period so long as the client remains eligible, except that:

  (a) The Department may act on reported changes that result in a participation increase or copayment decrease, and

  (b) Benefits may be reduced if a child care provider reports a lower monthly charge or the client changes to a different child care provider.

  (8) If an overpayment is established and it is determined that the client was at fault in the creation of the overpayment, the client must repay the overpayment to the Department. In some situations, the client and provider may be jointly liable. In the case of joint liability, both parties can be held liable for the entire overpayment.

  (9) The Department is authorized to release the following information to the designated provider:

  (a) limited information regarding the status of a CC payment including that no payment was issued or services were denied;

  (b) the date the child care subsidy was issued;

  (c) the subsidy amount for that provider;

  (d) the copayment amount;

  (e) information available in the Department Provider Portal. The Provider Portal provides a provider with computer access to limited, secure information;

  (f) the month the client is scheduled for review;

  (g) the date the client's application was received; and

  (h) general information about what additional information and/or verification is needed to approve CC such as the client's work schedule and income.

  (10) If a client uses a child care provider at least eight hours in the calendar month, and that provider has been paid for that month, the Department will not pay another provider for child care for the rest of that month, even if the client changed providers, unless the maximum subsidy payment amount for the month will not be exceeded by paying the second provider and one of the following exceptions also applies:

  (a) The initial provider is no longer providing child care, is no longer an approved provider, or has been disqualified by the Department;

  (b) The client relocates his or her residence and it is no longer reasonably feasible to continue using the initial provider due to travel time or distance;

  (c) There is a substantial change in the days or times of day when child care is needed, such as a change in the timing of the shifts the client is working, that cannot be accommodated by the initial provider; or

  (d) The Department determines a change in child care providers is necessary due to an endangerment finding for the child. The Department may, in its discretion, approve payment to a second provider due to an endangerment finding even if the maximum subsidy payment amount would be exceeded.