Provider Manual. Child Care Services PROVIDER MANUAL

Child Care Services Provider Manual 1

Child Care Management Services (CCMS) Provider Manual Summary The following is a summary of the Child Care Management Services Provider Manual. This manual is the handbook of Policies and Procedures for Providers on the CCMS program. Chapter 1: Overview To prevent the abuse and neglect of children. To enable low-income parents to work or receive training to further education. To support the physical, social, emotional and intellectual development of children. Chapter 2: Becoming a CCMS Provider Must be licensed or registered and in good standing with Texas Department of Family and Protective Services Child Care Licensing (TDFPS-CCL). Must carry at least $300,000.00 per occurrence liability insurance and business automobile insurance for child care centers offering transportation (if required by TDFPS-CCL). Must sign and abide by a non-binding agreement with CCMS. By signing the agreement, the provider agrees to furnish child care to children referred by CCMS. The provider may specify how many CCMS children they will serve. Chapter 3: Parents Requesting CCMS Child Care CCMS staff determines families eligibility, educates the clients about child care selection, furnishes them with a list of providers who would meet their needs and encourages the parents to visit the centers before making a choice. When parents are eligible to receive services and CCMS does not have funding at that time, they will be placed on a waiting list for care. 2

Chapter 4: Enrolling CCMS Children The provider must have a notification from CCMS for authorized enrollment of a child. This may be a phone call from CCMS staff followed by Form 2450 that will state the enrollment date, days and hours of authorized care, information about the child (ren) and the amount of the fee to be paid by the parent. CCMS can only pay for the days and hours indicated on this form. Parents must comply with all provider policies as long as they are not in conflict with CCMS or Texas Workforce Commission (TWC) policies. Full-time care is 6 hours/day; part-time care is less than 6 hours/day. CCMS arranges the care based on parents employment and/or training needs. Chapter 5: Children with Disabilities-Inclusion All providers must comply with the American Disabilities Act (1990) by accepting children with disabilities into their facility. They must also make it possible for parents with disabilities to access child care facilities. The Child Development Specialist (CDS) will work closely with providers to assist with the inclusion of children with special needs. With special approval, providers may receive additional reimbursement to pay for extra assistance for a child with a disability. Chapter 6: Maximum Reimbursement Rates Maximum rates that providers are reimbursed for services to CCMS children are set by the Workforce Solutions Permian Basin according to federal and state laws and regulations. Provider reimbursement rates are based upon the centers written published rates. The weekly or monthly rates are pro-rated to a daily rate taking into consideration the centers registration, supply and transportation fees if applicable. 3

Providers must provide written documentation of a change in their published rates and notify CCMS in advance so that appropriate changes can be made. Providers will be reimbursed at their published rate or the Workforce Solutions Permian Basin Maximum Reimbursement Rate, whichever is lower. Chapter 7: Attendance of CCMS Children Providers are required to notify CCMS when a referred child has been absent for three consecutive days without parental notification. If they have not called or returned to care by the 5 th day, care will be terminated by CCMS. These five (5) days will be paid as long as the provider has followed procedure and called CCMS to report on the 3 rd day. CCMS referred children are allowed a total 30 absences per year (counting from the date they were enrolled) before termination. CCMS will notify parents of the total absences accumulated periodically. Exceptions to the 30 day limit on absences are those with extenuating circumstances such as those children with a prolonged and serious illness. These children may be placed on a suspension until able to return to care. While the child is suspended from care, the provider is not paid for the absences. The suspension is not considered an absence; the child is not enrolled in care. Attendance is documented through the Child Care Automated Attendance (CCAA) system. The parent receives a swipe card. This card is used in conjunction with the Point of Service (POS) machine or by using the Interactive Voice Recorder (IVR) system. The attendance codes are located in this chapter. Chapter 8: Parent Fees Most parents will be assessed a parent fee based on their monthly income in advance of care. This fee can be paid weekly, bi-weekly, monthly but must be paid in advance. 4

The Case Management Specialist can temporarily lower a parent fee due to extenuating circumstances. Providers cannot lower a parent fee and should encourage the client to contact their caseworker if necessary. The parent fee is to be paid regardless of the child s attendance, whether child is out ill, absence, on a court order visit or holiday. It is the provider s responsibility to collect the parent fees in advance of the care. The provider can notify the CCMS in a timely manner to allow the CCMS staff to work with the client. Fees are no longer reimbursed by the CCMS to the provider. Chapter 9: Reimbursement Claims are processed through the CCAA. Reimbursements are by electronic funds transfer (direct deposit). Providers are reimbursed every 10 days. Providers are paid for children s absences (according to Chapter 7) and the holidays the center has listed on the Provider Agreement. Providers are required to keep the following records for CCMS: child s enrollment form (Form 2450), sign in/out logs, CCAA attendance receipts and transportation logs if applicable. Chapter 10: Complying with the CCMS Provider Agreement If a provider fails to comply with the Provider Agreement, a Service Improvement Agreement (SIA) will be negotiated to state the problem. Help will be offered on how best to correct the problem. Failure to correct the problem may result in termination of the Provider Agreement. The provider must notify CCMS within one working day when TDFPS-CCL visits the facility on a complaint. Other reasons for notifying CCMS are found on Remember page in this chapter. 5

If the provider is found with children in attendance over licensed capacity by TDFPS-CCL or CCMS, providers will not be paid for CCMS children on the day that they were found to have been over capacity. Chapter 11: Monitoring The Child Development Specialist will monitor by making on-site visits once a year for compliance with CCMS policies and procedures. The provider agreement will be renewed every ten years. Also the Child Development Specialist (CDS) and the Quality Assurance Specialist (QAS) will monitor the POS machine once a year if applicable. The CDS will answer any questions or assist the Provider in any way. Chapter 12: Asking Questions and Solving Problems Any question that the provider has should be addressed to CCMS. CCMS will contact the Workforce Solution Permian Basin (WSPB) for additional information when necessary. When the provider has a complaint against CCMS and it cannot be resolved, a CCMS Grievance Committee will be formed to resolve the issue. Providers may request a meeting with the Grievance Committee in writing. Chapter 13: Improving Quality of Care Texas Rising Star Providers (TRSP) Providers have the option of requesting a TRSP assessment and may meet a criteria set by the State for a higher quality of child care. CPS children are placed with a TRSP whenever possible. IF YOU HAVE ANY QUESTIONS REGARDING ANY OF THE INFORMATION CONTAINED IN THIS SUMMARY, PLEASE FEEL FREE TO CALL AT 432-550- 7203 OR 1-800-542-5056. 6

Chapter 1 Overview The Texas Workforce Commission (TWC) is one of the state agencies that provide support services to low income families working to become and remain self-sufficient. TWC administers programs such as Choices, the Temporary Assistance for Needy Families (TANF), employment services program, the Supplemental Nutrition Assistance Program (SNAP), the Workforce Investment Act (WIA) Program and the Child Care and Development Program (currently referred to as CCMS). TWC Child Care and Development Program CCMS Program helps eligible families with child care expenses and helps child care providers improve their services (when funding is available for child care trainings). The goals of the CCMS program are: To enable low income parents to work or to receive training for work, To help prevent abuse and neglect of children, and To support the physical, social, emotional, and intellectual development of children The Child Care Contractor System Most TWC services that help eligible families with child care are combined into one system called the Child Care Management Services. Workforce Solutions Permian Basin contracts with an agency to manage the delivery of child care services. This contract is funded by Texas Workforce Commission. In this manual the contracted agency will be referred to as the Child Care Contractor or the Contractor. 7

The Child Care Contractor is responsible for the operation of the system in the Permian Basin and reports to Workforce Solutions Permian Basin on aspects of the operation of the program. Child Care Contractor Staff The Child Development Specialist will work with the child care provider and provide: Program support, on-site training, technical assistance and resources Provide training to Child Care Providers on the CCAA system Assist child care providers with Provider Manual requirements Provide assistance to providers on the CCAA system Provide assistance to providers on the CCAA system The Case Management Specialists will work with the clients and provide: Assistance for parents during intake and enrollment Assistance for parents on the CCAA system Assistance for providers who enroll the children The Financial Management Specialists will provide assistance with: The billing process Answer payment questions The Program Specialist employed by Workforce Solutions Permian Basin works with Child Care Contractor staff and may visit provider facilities. If the provider facility is owned by the contractor, the Program Specialist monitors compliance of the Child Care Contractor Provider Agreement. 8

Providers Child care providers who meet certain requirements may become providers by signing an agreement with the Child Care Contractor. In this Provider Manual, child care providers who sign this agreement are called providers. Chapter 2 gives complete information on becoming a provider. Some advantages of becoming a provider are: Receiving technical assistance from Child Care Contractor staff Having access to additional resources Receiving direct payment for child care services provided Chapter 2 Becoming a Provider Who may become a Provider? Any licensed or registered provider of child care in Texas may apply to become a provider. There are three basic requirements that a provider has to meet before becoming a provider. Requirement 1: Licensing and Registration To be a provider, a child care provider must: Must have a current license from the Texas Department of Family and Protective Services as a child care center, licensed child care home or registered family home, or 9 Must be licensed as a youth camp by the Texas Health Department (THD), or Operated and monitored by the United States Military services, and Must not be on corrective or adverse action or corrective denial with TDFPS-Child Care Licensing, or the United States Military

Requirement 2: Abiding by the Terms of the Provider Agreement To be a provider, a child care provider must: Sign a Provider Agreement, which is also signed by a representative of the Child Care Contractor Agree to abide by the terms of the Child Care Contractor Provider Agreement Agree to follow procedures outlined in this Child Care Contractor Provider Manual, and Agree to abide by any and all future issuances from the Child Care Contractor. Requirement 3: Liability Insurance To be a provider, a child care provider must also: Maintain $300,000.00 or more per occurrence of liability insurance. This means the insurance company will cover each occurrence up to $300,000.00 Maintain liability insurance that covers children while they are in the facility, on the playground and at field trip locations Carry separate liability insurance that covers children while they are being transported in a facility-owned or operated vehicle; and Send the Child Care Contractor documentation of the insurance policy Notify Child Care Licensing and the Child Care Contractor if the child care provider does not carry the insurance required, documentation must be on file that Child Care Licensing has approved the notification of no insurance Insurance companies do not currently offer liability insurance that covers transportation for family home providers. The provider will have to: 10

Renew liability insurance before the expiration date, and Buy new insurance coverage if the entire $300,000.00 limit is used before the end of the period coverage Send the Child Care Contractor documentation of the insurance policy or documentation from Child Care Licensing if the facility does not have insurance The Provider Agreement When a child care provider decides to participate in the Child Care Contractor system, the Child Care Contractor will arrange for a Provider Agreement to be completed and signed by the provider and the Child Care Contractor. Provider Agreements: Have information needed by the Child Care Contractor Explain to providers what they must do Must be signed before the Child Care Contractor can pay for child care services to contractor referred children, and Include this Child Care Contractor Manual as part of the agreement Provider Agreements are legal contracts that are valid for ten years and as long as: Provider s license, registration or certification remains current, or Providers remain in good standing with the United States Military Services Providers liability insurance or documentation through CCL stating why the provider does not carry insurance stays in effect, and Providers comply with terms of the Child Care Contractor Provider Agreement Having a Provider Agreement does not guarantee that a provider will have children referred by the Child Care Contractor. All referrals made by the Child Care Contractor are based on parent choice. However, even if providers do not have 11

contractor-referred children in care, they must still comply with the terms of the Child Care Contractor Provider Agreement in order to keep the agreement current. Note: The Child Care Contractor may not enter into a Provider Agreement with any child care provider if the provider or staff person of the provider has been found to be in serious noncompliance with, seriously deficient by, or debarred from any other State or Federal program (such as the Child Care Food Program). In addition, the Child Care Contractor shall terminate within thirty days the provider agreement of any Child Care Contractor provider whose facility or staff are found to be in serious noncompliance with, seriously deficient by, or debarred from other State or Federal programs. When the Child Care Contractor Operates Child Care Facilities The child care contractor may also operate facilities that are providers. In these cases the Child Care Contractor must: Sign a Provider Agreement with Child Care Board staff Have a separate Provider Agreement for each separate facility Have the Board s Program Specialist monitor the compliance by the contractor s facilities with the Child Care Contractor Provider Agreement and procedures in this Child Care Contractor Provider Manual, but Use its own Child Development Specialist staff for technical assistance, on-site training and resources Annual Renewal of the Provider Agreement Provider Agreements must be renewed at least once every ten years. Child Care Contractor staff will notify providers in advance that the renewal date is near. Provider Agreements will be renewed if the provider: Continues to meet all the basic requirements Has met the terms of the Provider Agreement 12 Has no outstanding Service Improvements (SIA) issued by the Child Care Contractor

Has maintained satisfactory compliance with TDFPS-CCL minimum licensing standards, Texas Department of Health (TDH) or the United States Military, and Chooses to renew the Provider Agreement Child Care Provider Agreements might not be renewed under certain conditions. Please refer to Chapter 10 for an explanation of those conditions. New or Amended Provider Agreements Most changes in the way a facility runs will mean that a new Provider Agreement must be signed or that the Provider Agreement must be amended. All changes must be reported to the Child Care Contractor immediately. A new or amended Provider Agreement must be signed at the time any changes occur. Some in a facility will cause the Provider Agreement to be terminated. See Remember at the end of this chapter for changes in a facility that must be reported to the Child Care Contractor. REMEMBER These changes must be reported to the Child Care Contractor: A change in the facility name A change in the governing body or corporate status A change in hours of operation A change in holiday schedule A change in the ages of children served A change in insurance information A change in the facility owner s address Any change in facility license or registration caused by conditions placed on it by TDFPS-CCL, or any condition affecting the status of facilities regulated by TDH or the United States Military A change in the contact person or director 13

A change in the person authorized to sign the Provider Agreement, and Change in transportation policies Changes that cause termination of the Provider Agreement A change in facility ownership A move to a different location, and Loss of TDFPS-CCL license, registration, or certification status, or A provider found to be in serious noncompliance with, seriously deficient by, or debarred from another State or Federal program Chapter 3 Parents Requesting CCMS Care Parent Contact with the Child Care Contractor Parents get help with child care services by contacting the Child Care Contractor. Some parents are referred to the Child Care Contractor by WFSPB Choices staff or by TDFPS- CPS caseworkers. The Child Care Contractor knows these parents are eligible for help with their child care if they are referred by the Choices or CPS caseworkers. Some parents who need help are self-referred. These parents contact the Child Care Contractor caseworkers and determine if they are eligible for child care services. Parent Choice of Provider Federal law requires that parents be given the choice of where they want their children to go for care. The Child Care Contractor cannot tell parents where they must take their children for care, except that: Children who are referred to the Child Care Contractor by CPS are encouraged to place their children in a Texas Rising Star facility, and 14

Parents who need only part-time care may choose from a list of providers who offer part-time care. Parents may choose child care providers who: have signed agreements with the Child Care Contractor Termination of Enrollment The Child Care Contractor may terminate child care services for several reasons, including: The parent is no longer working or looking for work The parent is no longer in training The family income is too high The parent is no longer eligible for child care services The child no longer lives with the parent The parent no longer needs child care services The child is too old for care The parent did not pay the parent fee The parent did not comply with the terms of the parent agreement The parent did not comply with the provider s policies The parent did not return the required paperwork in a timely manner The parent did not report changes within 10 days The parent did not comply with CCAA requirements 15

In most cases the Child Care Contractor will notify the provider in advance that a child s enrollment is to be terminated and will pay the provider through the stated termination date. There are occasions when a child s enrollment is terminated immediately and the Child Care Contractor is unable to let the provider know ahead of time. Note: Providers may not terminate a child s enrollment without first consulting with the Child Care Contractor. Waiting List Sometimes children who are eligible to receive child care must be put on waiting lists. Waiting list is for children who are eligible for care, but funds are not available 16

Chapter 4 Enrolling Children When a parent is determined to be eligible for child care services, and if funds are available for the child s care, the Child Care Contractor: Gives the parent a list of child care providers who meet the child care needs of the parent and the child Encourages the parent to visit potential providers Gives the parent the website for Texas Department of Family and Protective Services Child Care Licensing to research child care information Refers the parent to 2-1-1 Texas for child care information Tells the parent to let the Child Care Contractor know when a decision has been made about where to place the child for care When the parent notifies the Child Care Contractor that a decision has been made, the Child Care Contractor will: Contact the provider to be sure space is available, and if so Verbally authorizes care to start, and Sends the provider a Form 2450, Child Care Contractor Authorization for Child Care Enrollment Form 2450 tells the provider: The date child care is to begin The amount of the parent fees The days and hours of care authorized, and 17

Whether transportation is authorized The provider must not accept a child unless the Child Care Contractor has called the provider to authorize enrollment. Even if a CPS caseworker or Choices staff refers the child, the provider still must have the Child Care Contractor authorization before accepting the child. The provider will not be paid for care provided before Child Care Contractor authorization. Accepting Children Referred by the Child Care Contractor Providers must accept all children referred to them by the Child Care Contractor as long as: The children are in the age range the providers are licensed to serve The children are the ages covered by the Provider Agreement Accepting children does not put providers over the number of Child Care Contractor-referred children they have said in the Provider Agreement that they will care for, and Accepting the children does not put the provider over TDFPS-CCL licensed capacity The providers cannot serve their own children through the Child Care Contractor to include any children that has been placed by the court system or by a relative. Licensed child care centers, including before or after school programs and school age programs, in which the parent or his or her spouse, including the child s parent or step-parent, is the director or assistant director, or has an ownership interest or licensed, registered, or listed child care homes where the parent also works during the hours his or her child is in care. The provider will need to choose another child care placement if they qualify for Child Care Contractor services. Child care will not be paid for at a licensed or registered homes where the parent works. 18

The American with Disabilities Act (ADA) of 1990, as amended, requires that all individuals, regardless of their disabilities, be allowed access to child care facilities, including registered family homes. Providers: May refuse to serve children authorized by the Child Care Contractor only if they have reasonable cause, such as: - Parent refuses to provide an immunization record - Parent does not follow providers rules, or - Parent continually verbally abuses provider staff Must inform the Child Care Contractor before telling parents they will no longer serve them, giving the Child Care Contractor time to find an alternate child care arrangement for the parent See Remember at the end of this chapter for what providers must remember to do in the enrollment process. Provider Policies Parents must comply with all policies that a provider has, unless the provider s policy is in conflict with the Child Care Contractor or WSPB. Most providers have policies that require parents to pay a late fee if they pick children up after the facility closes. Parents of contractor-referred children are expected to comply with the provider late-pick up policy. Providers may not: Charge contractor-referred children a higher late fee than other children are charged, or 19

Have a different late fee policy for contractor-referred children than for other children When a New Child Never Attends Providers must notify the Child Care Contractor if: A child scheduled to begin care does not attend by the third day, and The parent has not notified the provider of the reason the child is absent. The Child Care Contractor will drop the child from care if: The child does not attend by the fifth day, and The parent still has not explained the absence to the provider or the Child Care Contractor. Child Care Contractor staff will talk with the provider about the situation and will let the provider know whether the child will still be enrolled. If the child continues in care, the days missed count toward the child s total absences. Providers agree to review the CCAA attendance and absence reports at a minimum of every five calendar days. Providers also agree to report to the Child Care Contractor authorized days that do not match the referral in CCAA within five days of receiving the authorization. Failure to report may result in withholding of payment. 20

Units of Child Care Services The Child Care Contractor purchases child care based upon the units of service delivered. If, within a 24-hour period a parent needs less than six hours of child care at least six hours of child care...more than 12 hours but less than 18 hours of child care then Child Care Contractor will enroll the child for one part-time unit enroll the child for one full-day unit enroll the child for 1 ½ units. Children may not be enrolled for more than 1 ½ units of care per day (24 hours). Part-Time Care The Child Care contractor arranges care based on the time needed to support parents work or training. Many parents work part-time or do shift-work; so many children need part-time care. Part-time care is less than six hours a day; full day care is from 6 to 12 hours a day Part-time care is care for less than five days (or 40 hours) a week When determining if parents need full-time or part-time care, the Child Care Contractor includes transportation time The Child Care Contractor does not refer parents who need part-time care to providers who do not offer part-time care 21

Providers must: Allow a part-day child to attend up to 5 hours and 59 minutes Keep track of attendance through the Child Care Automated Attendance (CCAA) tracking program Providers must not: Charge a late fee to a part-day unless the child is in attendance for more than six hours, or Charge a late fee to a full-day child unless the child is in attendance for more than 12 hours, or past closing time for the facility Deny a child care referral based on the parent s income status, receipt of public assistance, or the child s protective service status Charge fees to a parent receiving child care subsidies that are not charged to a parent who is not receiving subsidies. School-Age Care School-aged care before and after school hours is part-time care. School-age children are enrolled according to the school year, and many may be enrolled for before and after-school care only, summer care only, or for full-year care. Providers who provide full-year care for school-age children will need to reserve space for children whose parents need to have them enrolled full-time during the summer. School-age children are enrolled for the times when school is not in session. When a school-age child must attend full day during a holiday or a teacher training day, the provider will be paid a blended rate for all days in attendance full-time and a full-time rate during the summer months. 22

Holidays The Child Care Contractor will reimburse the provider up to 9 holidays. Those 9 holidays are the same holidays observed by the Child Care Contractor. The provider is required to inform the Child Care Contractor of any other days that the provider plans to close. Any additional days beyond the approved 9 days will be unpaid. The following are approved holiday that will be reimbursed to the provider: New Year s Day Good Friday Memorial Day Independence Day Labor Day Thanksgiving Day Day after Thanksgiving Christmas Eve Christmas Day Transportation Schedules The Child Care Contractor can authorize child care to cover: Up to one hour of transportation for the time it takes parents to go to work or training after dropping off children Up to one hour of transportation for the time it takes parents to return to pick up their children Up to one hour of transportation for children from home or school to the provider facility, and Up to one hour of transportation for children to return 23

REMEMBER These are the requirements the providers must do in the enrollment process: Accept all children referred by the Child Care Contractor unless: The providers agreement or TDFPS license/registration doesn t include children of that age, or Accepting the children would exceed licensed capacity, or Accepting a child would exceed the number of contractor-referred children stated in the Provider Agreement Accept only those children the Child Care Contractor has authorized for care by telephone followed by the form 2450, Child Care Management Services Authorization for Child Care Enrollment Accept only the number of contractor-referred children that the Provider Agreement allows Notify the Child Care Contractor immediately if a child scheduled to start doesn t attend by the third day and the parent hasn t called to explain the absence Provide parents with provider policies and procedures A Child may not be enrolled in more than 1½ units of care in a 24 hour period 24

Chapter 5 Children with Disabilities-Inclusion Commission Rule 809.2 (6) defines a child with disabilities as: A child who is mentally or physically incapable of performing routine activities of daily living within the child s typical chronological range of development. A child is considered mentally or physically incapable of performing routine activities of daily living if the child requires assistance in performing tasks (major life activity) that are within the typical chronological range of development, including but not limited to caring for oneself; performing manual tasks, walking, hearing, seeing, speaking, breathing, learning, and working. Enrolling Children with Disabilities Child Care Contractor policies and procedures for serving children with disabilities are to: Create supportive environments for children and their families Provide support to Providers The ADA and Child Care Contractor Providers The Americans with Disability Act (ADA), as amended, that went into effect in 1990 requires public accommodations, including child care centers, licensed child care homes, and registered family homes, to ensure access for all individuals regardless of disabilities. All child care providers, including Child Care Contractor providers, must comply with this law by accepting children with disabilities into their facility, and by making it possible for parents with disabilities to access child care facilities. If providers refuse to provide care to children with disabilities they must be prepared to justify their enrollment decisions if challenged. Providers must document in writing any 25

efforts to provide for a child s needs and show why they were not successful or readily achievable. Placing Children with Disabilities Parents of children with disabilities have the same right to parent choice as other parents. Parents may choose to place children according to location or convenience even if the provider chosen does not have experience caring for children with disabilities. In both cases Child Care Contractor staff work closely with providers who care for children with disabilities. Confidentiality All information providers have about children with disabilities is confidential. Information about children with disabilities cannot be given to anyone, either in writing or verbally, without permission from the parent. Provider caregivers working directly with children with disabilities must learn all they can about the children, including the confidential information. Caregivers must not share confidential information with: Caregiver staff who do not work with the children with disabilities Other providers Other parents, or Visitors. Inclusion Assistance Rates Additional reimbursement is available when extra adult assistance is needed for the child with a disability. The following are step processes for authorizing the inclusion assistance rate: 1. Verifying a child s eligibility for the inclusion rate-workforce Solutions of the Permian Basin must ensure that the child care contractor staff verifies a child s 26

eligibility for the inclusion rate by confirming the child s enrollment in or receipt of benefits from one or more of the following programs: o Supplemental Security Income (SSI) benefits o Social Security Disability Insurance (SSDI) benefits o Texas Department of Assistive and Rehabilitative Services for Early Childhood Intervention (ECI) program o A Head Start program that identified the child as having a disability o Public school special education services, including preschool programs for children with disabilities (PPCD) 2. Assessing the Provider s Need for the Inclusion Assistance Rate-Verification of a child s participation in one of the programs listed above does not approve the child care provider for the inclusion assistance rate. The Child Care Contractor must ensure that a qualified professional along with the Child Care Contractor s Child Development Specialist familiar with assessing the needs of children with disabilities certifies the need for the inclusion assistance rate. The Child Care Contractor must ensure that designated qualified professionals consider the cost of the following when certifying a need of the inclusion assistance rate: o o o o o Additional staff and necessary training Necessary equipment Necessary minor renovations Expected duration of the inclusion assistance rate, and The percentage of the increase rate, which is not to exceed 190% of the provider s reimbursement rate. 3. The Child Care Contractor will ensure that the designated qualified professional: 27

o o o o o Uses form CC-2419 (2011)-Certification for Inclusion Assistance Rate Evaluates the parent and provider questionnaire included in form CC-2419 Conducts observations at the provider site to confirm a need for the inclusion assistance rate Ensures that the provider has met the minimum standards forth in 40 TAC 746.1315 for CPR and first aid training during the provider s most recent inspection by the Texas Department of Family and Protective Services, and Reviews one of the following, depending on which program the child is enrolled in: Individualized Family Services Plan from the ECI program or Early Head Start Individualized Education Plan from Head Start or public school special education services, including PPCD, or Other supporting documentation to identify modifications that may include types of equipment recommended for the child. 4. The Child Care Contractor will verify provider compliance with approved activities within 30 calendar days of receiving approval for the inclusion assistance rate. 5. Initiating the Inclusion Assistance Rate Process-The Child Care Contractor will ensure that the inclusion assistance rate process: o o Can be initiated only by a child s parent, and Cannot be initiated by the child care provider. 6. If a child care provider requests that a child receive the inclusion assistance rate the Child Care Contractor will inform the provider of the following: o The inclusion assistance can be requested only by the parent 28

o o o The provider should discuss with the parent the provider s concerns regarding the child s special needs The provider can recommend that the parent contact the Child Care Contractor to discuss inclusion assistance rate benefits and process The provider can refer the parent to the following appropriate programs and service for children with disabilities: REMEMBER SSI benefits SSDI benefits ECI, and Public school special education services, including PPCD These things must be done when children with disabilities are enrolled: Follow a child s inclusion plan Contact the Child Care Contractor if a child s disability status changes. For example, when a child no longer attends a special education class Use inclusion assistance funds as intended Maintain confidentiality about children s conditions Contact the Child Care Contractor if there are problems with placements 29

Chapter 6 Maximum Reimbursement Rates Workforce Solutions Permian Basin Rates Workforce Solutions Permian Basin sets the maximum rates that Providers can be reimbursed for services to Child Care Contractor referred children according to: Federal and state laws and regulations, and TWC child care services program state plans that have been approved by the federal government. Maximum reimbursement rates are based on the following: The type of child care offered, such as licensed center, licensed child care home, or registered family home The level of Texas Rising Star status-a higher reimbursement rate depending on providers maximum rates Participation in the Texas School Ready Program for preschool classes only and may be a higher rate depending on the provider s maximum rates The ages of children served Whether full-time or part-time care is provided, and Whether additional adult help is needed for children with disabilities In order to determine the maximum rates, Workforce Solutions Permian Basin and TWC conduct a survey of a random sample of child care providers in each local workforce development area. Providers are asked to report their published rate for care in each category listed above. The rate represents the 75 th percentile is the maximum reimbursement rate that is set for each category. 30

Provider Payment Rates Actual payment rates for individual Providers are set when the Provider Agreement is signed. The Provider receives these amounts for each day of care provided to Child Care Contractor-referred children. Payment rates are based upon the Provider s documentation of their rates as reported on Form 2429-B, Provider Rates. Provider reimbursement rates are based on published rates pro-rated to a daily rate. A copy of the Provider s published rates must be provided to contractor staff. The Provider determines a single rate for full-time care and a single rate for part-time care for each of the four age categories, for a total of eight rates. The Provider may include fees currently allowed in determining their rates. Child Care Contractor staff is available to assist providers who have multiple rates within an age category in determining their rate for that category. The provider must choose only one method for determining rates. Providers will not be paid more than the Workforce Solutions Permian Basin maximum reimbursement rate even if their published rates are higher than the Workforce Solutions Permian Basin maximum reimbursement rates. With the exception of TANF/CHOICES/CPS clients/snap E&T and clients whose parent share of cost is calculated to be zero, the providers can require contractor-referred parents to make up the difference between Providers published rates and the Workforce Solutions maximum rates. Child Care Contractor referred parents cannot be charged more than private pay clients. Providers who balance bill Child Care Contractor referred parents will submit copies of receipts of payments made by parents along with the Child Care center s current child care rates to the Child Care Contractor on a monthly basis, due 15 days after the last day of each month. 31

Providers who have charged a Child Care Contractor referred client more than a private pay client will have to reimburse the Child Care Contractor client and the Provider will be given a one-time warning to ensure that Child Care Contractor referred clients are not over charged in the future. A receipt of reimbursement must be provided to the Child Care Contractor, whether cash or credit for child care. If the child care center is found in non-compliance of overcharging a second time the Provider will have the option to either follow the policy or they can opt out of having a Provider Agreement. Child Care Contractor staff may review the Provider s records (i.e. supporting documents) to determine if the rates established by the Provider reflect rates consistent with rates paid by non-child Care Contractor referred parents. School-referrals will not have two referrals, one for full-time care and the part-time care. There is only one referral for a blended rate. The blended rate blends the fulltime rate with the part-time rate over the school year. Part-time rate for 175 days + Full-time rate for 30 days Divided by the total number of days during the school session (205 days) Providers will be paid fulltime care for 12 weeks for school-age children beginning June 1 When Providers Change Their Rates If Providers change their published rates they must send written documentation of the new rates to the Child Care Contractor. If a rate freeze is not in effect a Provider Agreement amendment will be signed showing the new rate. If a rate freeze is in effect the rate increase information from the Provider will be saved and used once the freeze has been lifted. 32

Provider Reimbursement for Transportation When Providers provide transportation for children, the Child Care Contractor will reimburse Providers as follows: If the transportation fees are included in the Provider s published rates, the Provider is paid that rate. If Providers charge a separate transportation fee, the Child Care Contractor will pay the transportation fee for contactor-referred children who have been authorized for transportation In either case the combined total must not be more than the Workforce Solution Permian Basin maximum reimbursement rate REMEMBER Providers determine a single rate for full-time and a single rate for part-time care per age category Contractor-referred children may not be charged a higher rate than other children are charged Contractor-referred parents can be required to make-up any difference between the Provider s published rate and Workforce Solution Permian Basin maximum rate with the exception of TANF/CHOICES/CPS clients/snap E&T If a separate rate is charged for transportation, the Provider may charge only for transportation that is used by the Contractor-referred child, if transportation rate included with the daily rate does not cost more than the Workforce Solutions Permian Basin maximum rates 33

Chapter 7 Attendance of CCMS Children Parents have the responsibility for reporting child care benefits they receive. The CCAA system provides tracking and independent verification that a child attended the child care facility. CCAA provides real time information about referrals and attendance and also eliminates manual attendance reporting. The Provider has access to attendance records through POS reports and the Provider Web Portal. The CCAA system reports attendance to the Child Care Contractor. CCAA does not process payments. Payment is still processed by the Child Care Contractor. Providers are required to check the CCAA website every 5 days to ensure client is swiping. Providers shall report to the Child Care Contractor authorized days that do not match the referral in TWC/CCAA automated attendance system within five days of receiving the authorization. Failure to report the discrepancy may result in withholding payment to the provider. The Child Care Contractor requires that providers report absences by the 3 rd day of no contact. The Child Care Contractor will follow up on the 5 th day to determine if the child had returned if not the care can be termed. The provider must report to the Child Care Contractor when a parent swipes their child present when the child was actually absent. All attendance reports through CCAA are automated. The Provider will use the CCAA system to access attendance information reported by the parent. The Provider should review the CCAA information on a daily basis or at the least every 5 days as required by your Provider Agreement. 34

CCAA Cards and Equipment To use CCAA to record attendance the following needs to be in place: The parent needs a card The child care provider needs some equipment o Child Care Center: a Point-of-Service (POS) device o Home based centers: a telephone Parents receive a card and it is delivered to the parent with parent instructions and answers to frequently asked questions. When the card arrives it must be activated. The parent: Calls the phone number on the card Enters the card number Enters their birth date Choose a secret four-digit PIN The card is now active and ready for use. If there are problems with the card have the parent call the Attendance Coordinator, 1-855-259-4239. Cards are issued through the existing Child Care Contractor eligibility system. The card is good as long as the family is eligible for child care services. The parent will only need one card even if the children are at different child care facilities. If a parent has to change child care facilities, the parent will notify the caseworker, change is made and the card is still good at the new child care facility. If the parent leaves the child care program and comes back to reapply and is eligible after working with the Child Care Contractor the previous card is still good. Up to 4 cards can be issued to a parent for other family members who might pick up the child(ren). Each card will be embossed with the name of the person it was assigned. Parents must call their caseworker to report changes, a lost card or to request another card for family members. 35

The parent should memorize their PIN number and not share with anyone. The parents must keep their card with them and not give their card to anyone, including the owner, director or assistant director of a child care provider which shall not be designated as the secondary cardholder by a parent enrolled with the provider. Employees of child care providers shall not possess, have on premises, or otherwise have access to the attendance card of a parent or secondary cardholder. Employees may not accept or use the attendance card or PIN of a parent or secondary cardholder or perform the attendance or absence reporting function on behalf of the parent. Parent s child care services may be terminated if they give their card to someone else. The Provider agrees to the following security requirements for the CCAA system: 36 Neither they or any center director, assistant director or owner of the child care facility will possess, accept, or use a parent s or secondary cardholder s CCAA card or Pin, or perform the attendance/absence reporting function on behalf of the parent Neither the Provider (owner) or director or assistant director will be designated as the secondary cardholder by a parent with a child enrolled at the facility, and Report misuse of CCAA cards and Pins to the Child Care Contractor Providers must review CCAA system attendance and absence reports at a minimum every five calendar days. Providers shall report to the Child Care Contractor authorized days that do not match the referral in the CCAA system within five days of receiving the authorization. Failure to report the discrepancy may result in withholding payment to the provider. If you are found in non-compliance of the Provider Agreement in which you signed and agreed to abide by, the following consequences will apply: Closing intake/sia Moving children to another provider selected by the parent Withholding provider payments or reimbursement of costs incurred Termination of child care services Recoupment of funds

Cards and any written card numbers/pins will be removed documented and submitted to Workforce Solutions Permian Basin and The Office of Investigation and Fraud will be contacted Center Based Provider-Equipment A call will be made by TWC s contractor to the center to make an appointment to install the POS machine and provide training. Once the POS machine is installed the training is conducted and a set of resource materials will be left for the provider. What is provided? POS device(s) 6-foot telephone cord or 7-foot CAT-5cable (depending on POS device type to be installed) Telephone line splitters if needed First 2 rolls of paper Resource materials: user s manual, number to call for help Any customization of the installation (moving phone jacks, longer cables, etc) is the center s responsibility. Before the installer arrives the provider should think about: What are the traffic patterns in my facility? Where will I want the device installed? Does that location have power and phone line access? Will I need longer cords/cables? 37

How Home-based Providers Get Equipment Phone: Provider supplies the phone The phone number must be known to the Child Care Contractor and must be in the CCMS system Provider can use whatever number the Child Care Contractor has in the CCMS system As soon as provider has an active referral the system is ready to be used How CCAA Records Attendance Parent uses phone to record drop off and pick-up Call IVR and enter card number Enter PIN Enter Child s Name Choose the action (check-in/check-out) Parent uses POS to record drop off/pick-up Swipe card Enter Pin Enter child number Choose the action (check-in/check-out) The System checks: 38 Is the transaction coming from the expected phone number?

Does the child have an active referral? Is care authorized for this day? Does the entry make sense? (example-on a check-in is the child already checked-in) If any check fails, the entry is rejected and parent and provider know immediately How CCAA Records Absences The system has an Absence transaction, just like check-in/check-out. Absences work like Attendance, except it requests an absence reason. Court-ordered visit Illness General Absence Parents can call in the absence from any phone anywhere. The absence can be recorded on the POS machine or called in from any phone. Absences can be reported up to 3 days in advance and up to 6 days following the absence. How CCAA Handles Exceptions Exception: the parent forgets: The system warns the parent that they forgot to check out The parent can go back 7 days (today and 6 days back) to fill in any missing transactions. The 7 day period is real days - it includes weekends, holiday, etc. Absence reporting calls can be made from anywhere Exception: Parent isn t present-center provides transportation 39

For now, parents or other authorized cardholders must visit the center once every 7 days to report attendance Exception: the entry cannot be done-pos is not working Provider calls help desk to report the problem The device is fixed or replaced within 48 hours Problem with phone line POS providers: The POS device stores entries in memory so they can be transmitted when the problem is solved (the store and forward or SAF feature) All providers: When fixed, the parent can go back 7 days to fill in any missing transactions Card or referral issues The parent should contact their child care services representative Provider Web Your initial Login will be your TDFPS operations number (if you do not have one then use you SSN) Your initial password will be your zip code. Attendance Codes and Policies Parents referred by the Child Care Contractor are required to call in their absences to the provider and to report absences to the CCAA program, whether by swiping their cards or calling the 1-800 number on the back of their card. When Child Care Contractor children are absent three days in a row without parent notice, providers MUST call the Child Care Contractor to report the absence on the 3 rd day. Child Care Contractor staff must call the providers on the 5 th day to find out if the child has returned or if the parent has called the provider about the child s absence. 40

If the Child Care Contractor child does not contact the provider by the 5 th day, the provider must note in writing that a call was not received and: Call the Child Care Contractor on the 6 th day, and Write down the name of the Child Care Contractor staff person talked to. When a contractor-referred child does not attend child care for five days in a row without the parent notifying the provider, the Child Care Contractor terminates that child s enrollment effective the end of the fifth day and sends the provider a Form 2450, Child Care Management Services Authorization for Child Care Enrollment. This form has the child care termination date. Providers are paid for these days if they have followed procedure and called the Child Care Contractor on the third day the child is absent. The following are considered approved absences: Parents who have not received swipe card Parents who have lost swipe card and have called CCMS to report and request a new card All CPS children who have not swiped Will pay for days until end of term when a parent has been termed but is not bringing the children Any mistakes on CCAA web site made by XEROX/TWC Will pay for a Z when a parent has tried to go back and update all swipes Act of God, i.e. fire, weather, death in family, etc. (will not pay provider for any child that has to be transferred to another center) Failed utilities, air conditioning, heating, water, (will not pay if provider has not paid utility bills) 5 consecutive days of non-notified absences if provider has reported by the 3 rd day Will pay for absences due to varied schedule 41

Other Absences of Contractor-Referred Children Children are allowed a total of 30 absences a year. Absences are tracked by the Child Care Contractor beginning the day children are scheduled to begin care. When a child s absences reach 30 or more days, the Child Care Contractor: Sends a notice to the parent that says the child care is being terminated Tells the provider the date the child s care is terminated Suspension of Enrollment Sometimes a child must be absent from care for periods more than two consecutive weeks. This process will be known as child care suspensions. Suspensions are allowed for: Court ordered absences which are scheduled to last more than two weeks. The child care will be suspended. While the child is suspended from care, the provider is not paid for the absences and the parent does not pay a parent fee during this time. The suspension is not considered an absence; the child is not enrolled in care A teen parent does not have transportation to take a child to care during semester breaks and school holidays Extenuating circumstances determined by the Child Care Contractor A parent lives to far from the facility to take a child to care during breaks in employment Lengthy illness The parent and provider must notify the Child Care Contractor when a child will be absent for this length of time. The child Care Contractor will: Authorize the child s suspension 42

Terminate the child s enrollment, and Place the child on suspended enrollment The provider is not paid for the period of time the child is on suspended enrollment and may enroll another child in that space. When the enrollment suspension period is over, the child is not guaranteed re-enrollment at the original provider. If the child cannot be placed with the original provider, a referral will be made with another provider of the parent s choosing. Absence Policy Exceptions If a child exceeds the 30 day absences allowed in a one year period and the absences are due to illness or other circumstances parents cannot control, the Child Care Contractor may ask the Workforce Solutions Permian Basin Program Specialist to allow the child to stay in care. If the request is approved, the child may stay in care until another 30 days of absences are recorded. Usually this type of request is approved only once. REMEMBER Attendance codes: P Present-Child is in attendance A Absence-The child scheduled to attend but is absent not due to illness I Illness-This code is used when the child is scheduled to attend but is out due to illness C Court ordered visit H - Holiday 43

Chapter 8 Parent Fees Why Parent Fees are assessed The federal government, Workforce Solutions Permian Basin and the Texas Workforce Commission believe that it is important for parents to participate in paying the cost of child care. In this way, parents can begin preparing to assume full cost of their child care as part of acquiring self-sufficiency. Who Pays Parent Fees Federal law and state regulations say that many parents must pay part of the cost of their child care, even when they are getting help from the Child Care Contractor. The Child Care Contractor figures parent fees according to the family s gross monthly income. The Child Care Contractor tells providers which parents have to pay fees and how much the fees are. Collecting Parent Fees Providers must collect parent fees. Providers keep the fees they collect, and the amount of the assessed parent fees is deducted from the Child Care Contractor reimbursement to the provider. Providers may collect parent fees: Once a week Once a month, or On a schedule that meets the parent s needs, as long as collection is documented and the fee is collected before child care services are provided Parents must pay their parent fees even when: Children are scheduled to attend but do not attend. 44

Parent share of cost (parent fees) are assessed on a monthly basis. If a provider chooses to close for vacation or any other unpaid reason, it will be the responsibility of the provider to work with the parent on their parent fee in whatever way they choose. The Child Care contractor is not responsible for updating or pro-rating these fees. Reduction of Parent Fees Parent fees may be lowered temporarily when parents have unusual circumstance. Only the Child Care Contractor can lower parent fees. Providers may not lower fee, but they can recommend that a parent ask for a fee reduction from the Child Care Contractor. The Child Care Contractor notifies providers when parent fees have been reduced and will adjust the reimbursement to the provider for that child. The Child Care Contractor also will notify the provider of any adjustments to the amount of fee the parent must pay, or to the time payment must be made. When Parents do not Pay Their Fees When providers notify the Child Care Contractor about problems with payment of parent fees within 5 days, the Child Care Contractor will term care for the parent and document the file that parent must make payment to provider before re-applying for care. 45

REMEMBER Collect parent fee as required. Fees are collected before child care services are provided Providers must notify the Child Care contractor within 5 days if parents do not pay their parent fee on time or do not pay parent fee Parent may be termed from care for not paying parent fee CHAPTER 9 Reimbursement Child care payments are made by the Child Care Contractor to the provider with funds received from Workforce Solutions Permian Basin. Payment is made by Child Care Contractor according to how the parent swipes in the CCAA system. Approved Absences paid by Child Care Contractor All Z s recorded on the CCAA application will be changed to an A (absence code). The parent is allowed 30 absences in a year. If the parent does not swipe in the CCAA attendance and accumulates 30 absences within the year the client will be termed from care and will not be able to access care for 30 days. Chapter 10 Complying with CCMS Provider Agreement Providers must comply with all the terms of the Provider Agreement and follow procedures in this Child Care Contractor Provider Manual. The Child Care Contractor will take corrective or adverse action with providers who do not comply as required. 46

Texas Workforce Commission (TWC) Child Care Rule 809.93 (d) states that A Board shall not reimburse providers that are debarred from other state or federal programs unless and until the debarment is removed. When Texas Department of Agriculture (TDA) determines a provider noncompliance in one or more aspects of its operation of Child and Adult Care Food Program (CACFP), a notice of termination and disqualification is given to the provider and all responsible principals within the provider organization are place on the Department of Agriculture (USDA) National Disqualification List (NDL). Once a provider has been placed on NDL, TDA notifies TWC and TWC forwards the notification to the Board in the local workforce development area in which the provider is located (managing Board) and any other Board with subsidized children enrolled with the provider, including children receiving protective services funded by the Texas Department of Family and Protective Services. Upon receipt of notification from TWC, the Board must ensure that: Parents with children enrolled in TWC funded child care with the provider are notified, in writing or by telephone, no later than two business after receiving the notice form TWC that the provider is no longer an eligible provider of subsidized child care; Parents are given the option of having children remain enrolled at the provider or transferred to another eligible provider; Parents are notified that if a parent elects to keep a child enrolled at the facility it is considered a voluntary withdrawal from subsidized child care services; Parents electing to transfer to another provider must choose an eligible provider within 10 business days after receiving notification from the Board; All current referrals end within 10 business days after the parent receives the notification; 47

The agreement with the provider ends in the month in which the 10 th business day after the parent receives notification from the Board occurs; and No new referrals for child care services are made to the provider. Service Improvement Agreements Child Care Contractor staff may negotiate Service Improvement Agreements (SIA) for providers: If a child care provider is found to be in possession of the CCAA cards, the provider will be put on an SIA and intake will be closed for 30 days. If the provider is found a second time holding the CCAA cards the provider will be put on an SIA and intake will be closed for 90 days. If the provider is found a third time holding the CCAA cards the Provider Agreement will be terminated and all CCMS children will be moved. Are in serious non-compliance with TDFPS-CCL standards Do not meet the terms of the Provider Agreement Do not follow the procedures in this Child Care Contractor Provider Manual Service Improvement Agreements will: State the problem Explain to providers what improvements must be made List alternative ways for the provider to work on improvements Tell what Child Care Contractor staff will do to help providers make the improvements, including any technical assistance to be provided by the Child Care Contractor Set time limits for making improvements, and 48

List the results of not making the improvements Child Care Contractor staff will discuss SIAs with providers and will offer whatever help is needed for providers to correct the problems or make the improvements. SIAs must be signed by the provider and Child Care Contractor staff. When renewing a Provider Agreement, the Child Care Contractor will take into account the number of SIAs that have been written and the reasons for the SIAs. If a serious problem happens with a provider, the Child Care Contractor can take immediate action instead of writing a Service Improvement Agreement. This is done with Workforce Solutions Permian Basin approval. Consequences for serious problems (in which immediate action may be taken by the Child Care Contractor), non-compliance with policy, or failure to make needed improvements as defined by a Service Improvement Agreement for providers might include the following: Non-renewal of Provider Agreement Discontinuing referral of children to the provider Removing contractor-referred children from the provider Suspension of Provider Agreements Termination of the Provider Agreement, and Recouping funds from the provider Violation of Licensing Minimum Standards by Providers Violation of the Provider Agreement and the resulting actions taken by Child Care Contractor are separate from violations of TDFPS-CCL minimum standards. However, since the Child Care Contractor Provider Agreement requires the provider to be in good standing with TDFPS-CCLS, the Child Care Contractor will take action with a provider if TDFPS-CCL minimum standards are violated. 49

The Child Care Contractor will take action against providers if: TDFPS-CCL takes corrective action which could be evaluation or probation, or The provider is in serious or continued non-compliance with licensing standards If providers violate licensing minimum standards, actions that may be taken by the Child Care Contractor include: Writing a SIA for the provider that is based on the number of non-compliance the provider has with TDFPS-CCL Writing a SIA for the provider that requires the provider to correct TDFPS-CCL non-compliance in the time given by TDFPS-CCL Stopping the referrals of Child Care Contractor children to the provider Notifying parents of a serious complaint, non-compliance, or investigation Moving Child Care Contractor children out of the provider s care Recouping child care funds Suspending or terminating the Provider Agreement or denying renewal of the Child Care Contractor Provider Agreement Child Care Contractor action that is taken depends on the kind of TDFPS-CCL action taken against the provider, how serious the continued non-compliance or complaints are and how often they occur. Providers who have TDFPS-CCL actions taken against them must notify the Child Care Contractor within one work day. Providers must also notify the Child Care Contractor when a complaint is made to TDFPS-CCL against them. Child Care Contractor reserves the right to limit signing provider agreements/financial agreements with providers that have serious non-compliance or have had their license revoked by TDFPS-CCL. 50

Note: Similar actions will be taken when providers regulated by the Texas Department of Health (TDH) or the United States Military Services violate the regulatory standards set by these entities. How TDFPS-CCL Violations Affect Provider Agreements If TDFPS-CCL has corrective action pending against a child care provider at the time of initial application to become a provider is made, a Provider Agreement will not be signed until the TDFPS-CCL correction action has been cleared. If TDFPS-CCL has any type of action pending against a provider at the time for renewal of the Provider Agreement will depend on: The reason for the TDFPS-CCL action, and Whether contractor-referred children are in care The Child Care Contractor will consult with Workforce Solutions Permian Basin staff in making the decision about whether to renew an agreement under these circumstances. Provider placed on Correction Action by TDFPS-CCL Rule 809.94 sets forth the requirements for the Child Care Contractor when TDFPS-CCL Places a provider on corrective action in either: o Evaluation status; or o Probationary status Intends to take adverse action against a provider. Summary of requirements of Section 809.94 51

The following table summarizes the actions to be taken when a child care provider has been placed on corrective or adverse action with TDFPS-CCL. Status Required Notification to Parents at center. Required to Stop New Enrollment Required to Remove Currently Enrolled Children Provider Eligible to Receive Enhanced Rates Evaluation Status-sending notification to parents within 5 days/letting parents know at enrollment Probationary Statusnotification within 5 business days/parents must sign letter and return if staying at Provider Adverse Actionnotification to parents within 2 days/transfers to another provider made within 5 business days Yes No No No Yes Yes No No Yes Yes Yes No 52

Attendance over Licensed Capacity Providers must always operate within the limits of their licensed or registered capacity. A Provider who is found by TDFPS-CCL in non-compliance with this requirement must report it to the Child Care Contractor within one work day. If the non-compliance is observed by a Board or Child Care Contractor staff, either will document this noncompliance and report it to TDFPS-CCL. Providers will not be paid for Child Care Contractor children on a day that more children are in attendance than the facility is licensed or registered to care for. The Child Care Contractor will evaluate documentation of non-compliance before deciding to withhold payment. Suspected Child Abuse or Neglect Everyone in Texas is required by law to report suspected child abuse or neglect. If the suspected abuse or neglect happens while the child is in care with a provider, the TDFPS-CCL or a local state law enforcement agency must be notified. Child Care Contractor staff will notify TDFPS-CCL if they receive a complaint against a provider. If a provider suspects abuse or neglect of a child is happening away from the facility, the individual who suspects the abuse or neglect must immediately report the suspicion to TDFPS-Child Protective Services, 1-800-252-5400. Reasons Providers Could Be Prosecuted False claims for payment False statements, or False documents 53

REMEMBER The Child Care Contractor must be notified within one working day if: TDFPS-CCL places the facility on 54 o Corrective action o Evaluation o Probation o Revocation TDFPS-CCL finds the provider to be in non-compliance with licensing standards, including attendance over licensed capacity A complaint investigation is being conducted by TDFPS-CCL A charge of child abuse or neglect is filed against the provider Similar actions will be taken when Child Care Contractor providers who are regulated by TDH or the United States Military Services violate those regulatory standards Chapter 11 Monitoring The Child Care Contractor serves as a resource for providers and will provide help that fits the provider s situation and needs. The Child Care Contractor will help providers understand and comply with requirements of the Provider Agreement and the Child Care Contractor Provider Manual. Providers who choose to become certified as Texas Rising Star Providers will receive help from the Child Care Contractor Child Development Specialist (CDS) in that process. Providers may ask for help with program problems. Child Development Specialist staff may offer help to providers when problems are observed, and Child Development

Specialist staff may also develop Service Improvement Agreements to encourage and help providers to correct problems. Monitoring Providers The Child Development Specialist and Quality Assurance Specialist are required to monitor child care providers yearly for the use of the POS machine and the CCAA program. The Child Development Specialist will also make a yearly visit for Provider Agreement renewals and signatures. The Child Development Specialist will also monitor for TRSP compliance. The Child Development Specialist will also visit, monitor and provide resources for centers that have children enrolled with disabilities. TDFPS-CCL monitors for provider compliance with licensing or registration standards. Child Care Contractor staff who observes licensing or registration non-compliances are required to report the non-compliances to TDFPS-CCL staff. Chapter 12 Asking Questions and Solving Problems Questions about Policies When providers have questions about the Provider Agreement or about any of the rules or policies outlined in this Child Care Contractor Provider Manual, the provider may contact the Child Care Contractor. The Child Care Contractor will contact Workforce Solutions Permian Basin for additional information when necessary. Waivers Sometimes a provider may not be able to comply with a rule or procedure. If the provider can meet the intent of the rule or procedure, the provider may ask the Child Care Contractor if a waiver is possible. A waiver could allow the provider to: Meet the requirement in a different way, or 55 Have the rule or procedure set aside because of extenuating circumstances

Providers should send written requests for waivers to the Child Care Contractor. The Child Care Contractor will forward waiver requests to Workforce Solutions Permian Basin to see whether they can be approved. Child Care Contractor staff will notify providers whether or not waivers are approved. Complaints by Parents against Providers Providers may receive complaints from parents about provider care or policies. Most complaints can be handled directly by providers and the parents. If providers and parents cannot work out the problems and the complaint cannot be resolved, providers should refer parents to the Child Care Contractor. Sometimes parents want to move children from a facility when they have problems with the provider. If this happens the parent must give a two week notice to the provider before the caseworker can allow the parent to transfer to another provider, the transfer will happen on the first day of the following month. If the problems cannot be worked out between the provider and the parent, the Child Care Contractor may approve for the parent to transfer immediately. Complaints by Parents against Child Care Contractor, Workforce Solutions Permian Basin or Texas Workforce Commission If parents complain to providers about Child Care Contractor staff, the Child Care Contractor system, Workforce Solutions Permian Basin or Texas Workforce Commission, providers should refer parents to the Child Care Contractor. Providers should also contact the Child Care Contractor to report the complaints. Complaints by Providers against Child Care Contractor When providers have complaints against the Child Care Contractor, they should first try to solve the problems by talking directly with the Child Care Contractor. If the problem cannot be solved, providers will be referred to Workforce Solution Permian Basin staff. If the issue still cannot be resolved the provider will be referred to the Child Care Contractor s Grievance Committee. 56

The purpose of the Child Care Contractor Grievance Committee is: To review complaints from parents or providers that could not be settled on an individual basis To suggest possible solutions To ensure complaints are handled fairly The Child Care Contractor staff must have at least three members. Members include: Workforce Solution Permian Basin staff A parent, and A Child Care Contractor provider Providers may request a meeting with the Child Care Contractor Grievance Committee by writing the Child Care Contractor. The Child Care Contractor Grievance Committee must meet within 15 calendar days from the date the request is received. Once the Child Care Contractor Grievance Committee has met to consider a complaint, the committee has 15 calendar days to make a decision about the complaint. A written copy of the Child Care Contractor Grievance Committee s decision will be sent to everyone who is involved. 57

Chapter 13 Improving Quality of Care Child Care Contractor Quality Improvement Projects Texas Rising Star Certification (TRSP) The TRSP program offers providers the opportunity to participate in a voluntary plan to improve the quality of child care by meeting program criteria that exceed the Minimum Standards for TDFPS-CCL. Texas Rising Star Program Criteria cover: TDFPS-CCL compliance Caregiver staff qualifications Director qualifications Staff orientation On-going staff development Group size Activities Caregiver-child interaction Physical environment Health and safety Nutrition and meal time, and Parental Involvement 58

The Child Care Contractor will let parents know which Providers have been certified as Texas Rising Stars. How to Apply for Texas Rising Star Assessment Providers who are interested in being certified as a Texas Rising Star Provider may ask the Child Development Specialist for the necessary materials and information. The Child Development Specialist works closely with providers in the application, self assessment, and formal assessment process. The Child Development Specialist will also provide ongoing monitoring and technical assistance to Providers who are in the Texas Rising Star process. Levels of Certification Providers can work toward three levels of certification. Four-star certification is the highest level of certification awarded. The provider with this certification represents the highest quality in the Texas Rising Star system. Three-star certification represents a high quality program that meets many of the quality standards in the Texas Rising Star program. Two-star certification is issued temporarily to a provider who does not yet meet enough of the quality standards for the Three-star certification. The Two-star provider has the potential for reaching Three-star certification within six months. Some providers apply to become a Texas Rising Star provider but do not meet enough of the quality standards to be certified at any level. These providers are on a deferred status and are not certified, but they are in the Texas Rising Star track. Providers on deferred status have one year to reach a level of quality to be certified. 59

Additional General Information Further information on the Child Care program TWC rules and regulations can be found on the web-site at the following address: http://www.twc.state.tx.us/twcinfo/rules/twcrules.html 60