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CAPS Policy – Provider Rights and Responsibilities No.: CAPS/00-12 Effective Date: 10/01/2016 Revised: 03/02/2026 Revision Effective: 03/02/2026

CAPS Policy Manual

Page 66 of 109 LEGAL AUTHORITY: O.C.G.A § 20-1A-10.1; Federal Register: 45 Code of Federal Regulation (CFR) 98 and 99.

Cross Reference/See Also: CAPS Purchase of Child Care through Scholarships Policy (CAPS/00-10), CAPS Participating Providers Policy (CAPS/00-11), CAPS Health and Safety Standards Policy (CAPS/00-15), CAPS Program Integrity Policy (CAPS/00-16), CAPS Administrative Hearings Policy (CAPS/00-18)

Note: Definitions of words or phrases in bold are located in Definitions and Acronyms. Only the first occurrence of the defined words or phrases are bolded.

12 CHILD CARE PROVIDER RIGHTS AND RESPONSIBILITIES Purpose This policy section describes the rights and responsibilities of child care providers and informal providers under the Childcare and Parent Services (CAPS) program rules and regulations.

Scope This policy applies to all employees of the Department of Early Care and Learning (DECAL), all parties responsible for the administration of the CAPS program, parents, and child care providers who receive subsidies administered by DECAL on behalf of parents.

Child Care Provider Rights 12.3.1 Participating Providers 12.3.1.1 At DECAL’s sole discretion, licensed child care programs, two categories of license-exempt programs (government owned and operated child care programs and day camps), and informal providers who meet requirements detailed in this policy manual may participate in CAPS. 12.3.1.2 CAPS shall only use Child Care and Development Fund (CCDF) or other applicable funds to pay eligible providers for services. Such payment cannot be assigned or delegated to a third party for any reason except by an order of a court of proper jurisdiction.

12.3.2 Participation Rights Providers participating in the CAPS program have the right to: 12.3.2.1 Be treated fairly without regard to race, color, religion, sex or sexual orientation, marital status, national origin, ancestry, age, political beliefs, or disability. 12.3.2.2 Request and receive forms and notices in Spanish for providers who speak Spanish. 12.3.2.3 Have DECAL provide an interpreter for other non-English speaking individuals or persons with limited English proficiency. 12.3.2.4 Request auxiliary aids or other accommodations for individuals with vision or hearing impairments. 12.3.2.5 Speak to a supervisor, if not satisfied with actions taken by CAPS staff.

12.3.3 Appeal Rights 12.3.3.1 Employees and prospective employees have the right to appeal the accuracy or completeness of the results of a criminal background check. 12.3.3.2 Providers receiving subsidies through the CAPS program have the right to appeal and receive a hearing regarding adverse actions that pertain to any financially related matters, excluding (1) Future payments, (2) Lack of funding availability, (3) Denial from participation in CAPS, (4) Dismissal from participation in CAPS, and (5) Disqualification from participation in CAPS. 12.3.3.3 Providers must request an appeal in writing. The written request must be postmarked by the deadline listed on the notice or within 14 calendar days from the date of the notice on an appealable or adverse action taken by DECAL. Requests for hearings must be submitted to the attention of: