R986-700-705. Eligible Providers and Provider Settings

  (1) The Department will only pay CC to clients who select eligible providers. All eligible providers, including providers who receive CC grants from the Department, must meet all Child Care Development Fund (CCDF) requirements. The only eligible providers are:

  (a) providers regulated through Department of Health Child Care Licensing (CCL):

  (i) licensed homes;

  (ii) licensed child care centers, except hourly centers; and

  (iii) homes with a residential certificate.

  (b) license exempt providers who are not required by law to be licensed and are either;

  (i) license exempt centers as defined in R430-8-3. Programs or centers must have a current letter of exempt status with Department approval from CCL; or

  (ii) DWS Family, Friend and Neighbor providers (FFN) as approved by CCL. The requirements for FFN approval are provided in subsection (3) of this section and in Department policy.

  (2) The following providers are not eligible for receipt of a CC payment:

  (a) a provider living in the same home as the parent client and providing child care in the home where they live, unless the provider is caring for a child who has special needs who cannot be otherwise accommodated;

  (b) a sibling of the child living in the home can never be approved, even for a special needs child;

  (c) a parent, foster care parent, stepparent or former stepparent, even if living in another residence;

  (d) undocumented aliens;

  (e) persons under age 18;

  (f) a provider providing care for the child in another state;

  (g) a sponsor of a qualified alien client applying for child care assistance;

  (h) a provider who has committed an IPV as a provider, or as a recipient of any funds from the Office of Child Care including subsidy and grant payments, as determined by the Department or by a court. The disqualification for an IPV will remain in effect until the IPV disqualification period has run, any resulting overpayment has been satisfied, and the provider is otherwise eligible;

  (i) any provider disqualified under R986-700-718;

  (j) a provider who does not provide necessary information or cooperate with a Department investigation or audit or is not an approved provider;

  (k) a provider whose child care subsidies are being taken pursuant to an IRS levy or garnishment; or

  (l) a provider living in the same home as a non-custodial parent and providing child care for a child of that parent.

  (3) FFN providers must comply with all CCDF and Department requirements and will not be approved for a CC subsidy payment unless all of the following requirements have been successfully completed and verification has been provided to CCL:

  (a) complete, sign and submit an application to CCL;

  (b) provide a copy of a certificate of completion of New Provider orientation and agree to comply with Department requirements and policy, including ongoing training, as explained in the orientation;

  (c) pass a home inspection as provided in Department policy;

  (d) complete an infant/child CPR training;

  (e) complete first aid training; and,

  (f) the provider and all individuals 12 years old or older living in the home where care is provided must submit to and pass a background check as provided in R986-700-751 et seq.

  (4) A FFN provider must also comply with all Department policy including abiding by the ratio requirements.

  (5) FFN approval must be renewed annually. Renewal information is found in Department or CCL policy. The FFN CC Provider must complete an announced inspection and show compliance with all regulations at least 30 calendar days before the expiration date of the current approval.

  (6) FFN CCL provider approval is for the provider and the location(s) and is not assignable or transferable.

  (7) If a program or provider is not subject to licensing requirements, and the program or provider receives or wishes to receive CCDF funds but has had adverse action taken against it by CCL regarding DWS approval status or health and safety compliance, the program or provider's appeal shall be made to CCL according to CCL's procedures. An appeal based on adverse action by the Department shall be made to the Department in accordance with R986-100-123 et seq.