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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 78 of 109 12.4.18 Warranties, Representations and Covenants

12.4.18.1 To the extent allowed by law, the provider agrees to hold DECAL, CAPS, their employees, agents, contractors, and successors harmless from any overpayments resulting from any action performed by DECAL or its representatives or by the provider and its agents, employees, or subcontractors. 12.4.18.2 The provider shall not assert in any manner that DECAL or CAPS is its sponsoring agency. 12.4.18.3 The provider acknowledges and agrees to the terms and conditions as stated on DECAL and CAPS program compliance documents, notifications, invoices, websites, and child care scholarships. 12.4.18.4 The provider understands and agrees that its entity, employees, or agents are not the partner, employee, or agent of DECAL or its contractors and will not represent itself as a partner, employee, or agent working on behalf of DECAL. 12.4.18.5 The provider acknowledges and agrees that in accordance with 45 CFR 98.30(C)(6), child care scholarships shall be considered a benefit to the child for child care services and shall not be considered a grant or contract to the provider.

POLICY REVISION HISTORY Date Description of Change 07/02/2018 Added requirement that providers ensure parents have unlimited access to their children when children are in the care of the provider and added requirement that, upon notice from CAPS, providers enter their child care rates and any changes to their rates in DECAL KOALA, DECAL’s provider self-service website (www.decalkoala.com). 10/01/2018 Added provider reporting requirement; added that federal law prohibits CAPS from reimbursing a child care provider who has had a serious injury (as defined as defined in Definitions and Acronyms); and added serious injuries to the list of circumstances that result in disqualification from CAPS. Added requirement that Quality Rated eligible providers be star rated by December 31, 2020, in order to continue to receive Child Care and Parent Services (CAPS) funding. Clarified that for children with disabilities and children in DFCS custody, CAPS will approve a negotiated rate for informal providers should their rate exceed the maximum reimbursement rate. 02/01/2019 Revised policy to align with the following revisions to other sections of CAPS policy. CAPS policy was reorganized on February 1, 2019, by replacing Improper Payments (CAPS/00-15) and Disqualifications and Sanctions (CAPS/00-16) policies with Health and Safety Standards (CAPS/00-15) and Program Integrity (CAPS/00-16) policies. The new Program Integrity Policy is composed primarily of relevant information that already existed in other sections of CAPS policy, as well as additional details relating to program integrity prevention, detection, and investigation processes that were already in practice within the CAPS program but were not outlined in CAPS policy. The new Health and Safety Policy is composed of relevant information that already existed in CAPS policy as well as additional details relating to health and safety monitoring and enforcement for license-exempt and informal providers. 07/01/2019 Revised language related to criminal backgrounds checks to clarify that keeping a staff or resident without a satisfactory record check will result in dismissal and disqualification from CAPS. 10/01/2019 Revised language related to electronic signature. Added that providers acknowledge and agree child care scholarships are a benefit to the child for child care services and not grants or contracts to the provider. Revised language noting that the appeal period is 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.