Utah Admin. Code R986-700-703 - Client Rights and Responsibilities
In addition to the client rights and responsibilities found in Rule R986-100, the rights and responsibilities listed in this section apply.
(1) A client may select the
type of child care that best meets the family's needs, including reporting the
client's choice of provider to the Department and start date of care, if known.
If no start date is reported or a discrepancy in start dates exists, the
Department may use the start date verified with the client's chosen
provider.
(2) If a client requests
help in selecting a provider, the Department will refer the client to the local
Care About Childcare agency.
(3)
(a) A client must verify identity.
(b)
(i) A
client is not required to provide a Social Security Number.
(A) The Department will verify a Social
Security Number supplied by a client.
(B) The Department will request further
verification to confirm an individual's identity if a Social Security Number
cannot be verified.
(ii)
Benefits will not be denied or withheld if a client chooses not to provide a
Social Security Number if the client is otherwise
eligible.
(4) A
client is responsible for monitoring the child care provider.
(5)
(a) A
client is responsible to pay all costs of care charged by the
provider.
(b) If the CC payment
provided by the Department is less than the amount charged by the provider, the
client is responsible for paying the provider the difference.
(6) Within ten days of occurrence,
a client shall report any of the changes listed in this subsection.
(a) If the household's gross monthly income
exceeds the percentage of the state median income as determined by the
Department in Subsection
R986-700-710(4).
(b) If the client no longer needs child
care.
(c) A change of
address.
(d) If a child receiving
child care:
(i) moves out of the home;
or
(ii) has stopped attending child
care.
(e) A change in the
child care provider, including when care is provided at no cost.
(7) Allowable temporary changes.
(a) The following are allowable temporary
changes:
(i) time-limited absences from work
due to medical or other emergency, including 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, including 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 ES CC at application or recertification and has a
permanent loss of employment may remain eligible through the rest of the
certification period.
(b)
A client who experiences an allowable temporary change after having been
approved for ongoing ES CC may continue to receive CC at the same level for the
rest of the certification period if the child attends child care at least eight
hours each month.
(8)
(a) 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 rest of the certification period so long as the
client remains eligible.
(b) The
Department may act on reported changes that result in a participation increase
or copayment decrease.
(c) Benefits
may be reduced if a child care provider reports a lower monthly charge or the
client changes to a different child care provider.
(9)
(a) 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.
(b) The Department
may find that the client and provider are jointly liable for the
overpayment.
(c) In the case of
joint liability, both parties can be held liable for the entire overpayment.
(10) The Department may
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 CC payment
was issued;
(c) the CC payment
amount for that provider;
(d) the
copayment amount;
(e) information
available in the Department Provider Portal;
(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 or verification is needed
to approve CC including the client's work schedule and
income.
(11)
(a) If a client changes providers, the change
will be made based upon reporting requirements for the following month's
subsidy payment.
(b) No additional
payment will be made to another provider for any days remaining in the current
benefit month, unless the maximum subsidy payment amount for the month will not
be exceeded by paying the second provider or if one of the exceptions listed in
this subsection applies.
(i) The Department
was notified of the change in the month before the change.
(ii) The initial provider is no longer an
approved provider or has been disqualified by the Department.
(iii) The initial provider is not holding the
child's space for the rest of the month.
(iv) The client relocates to a different
residence and it is no longer reasonably feasible to continue using the initial
provider due to travel time or distance.
(v) There is a substantial change in the days
or times of day when child care is needed, including a change in the timing of
the shifts the client is working, that cannot be accommodated by the initial
provider.
(vi)
(A) The Department determines a change in
child care providers is necessary due to a report of endangerment for the
child.
(B) The Department may, in
its discretion, approve payment to a second provider due to a report of
endangerment even if the maximum subsidy payment amount would be
exceeded.
(vii) The
Department determines a change in child care providers is necessary due to
circumstances related to a pandemic, natural disaster, or other state of
emergency.
(12)
A client may select an authorized representative.
(a) An authorized representative is an
individual selected by a client to conduct business on the client's
behalf.
(b) An authorized
representative may provide verifications and complete forms for the
client.
(c) A client's child care
provider may act as an authorized representative for the client after the
client has been informed of the provider's potential conflict of
interest.
Notes
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