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2. The child has been determined by a qualified intellectual disability professional as defined in rule 441—83.60(249A) to have a condition which impairs the child’s intellectual and social functioning. 3. The child has been diagnosed by a mental health professional as defined in rule 441—24.1(225C) to have a behavioral or emotional disorder characterized by situationally inappropriate behavior which deviates substantially from behavior appropriate to the child’s age, or which significantly interferes with the child’s intellectual, social, or personal adjustment. “Client” means a current or former recipient of the child care assistance program. “Client error” means and may result from: 1. False or misleading statements, oral or written, regarding the client’s income, resources, or other circumstances which affect eligibility or the amount of assistance received; 2. Failure to timely report changes in income, resources, or other circumstances which affect eligibility or the amount of assistance received; 3. Failure to timely report the receipt of child care units in excess of the number approved by the department; 4. Failure to comply with the need for service requirements. “Department” means the Iowa department of human services. “Food services” means the preparation and serving of nutritionally balanced meals and snacks. “Fraudulent means” means knowingly making or causing to be made a false statement or a misrepresentation of a material fact, knowingly failing to disclose a material fact, or committing a fraudulent practice. “In-home” means care which is provided within the child’s own home. “Migrant seasonal farm worker” means a person to whom all of the following conditions apply: 1. The person performs seasonal agricultural work which requires travel so that the person is unable to return to the person’s permanent residence within the same day. 2. Most of the person’s income is derived from seasonal agricultural work performed during the months of July through October. Most shall mean the simple majority of the income. 3. The person generally performs seasonal agricultural work in Iowa during the months of July through October. “On-line or distance learning” means training such as, but not limited to, training conducted over the Iowa communications network, on-line courses, or web conferencing. The training includes: 1. Interaction between the instructor and the student, such as required chats or message boards; 2. Mechanisms for evaluation and measurement of student achievement. “Overpayment” means any benefit or payment received in an amount greater than the amount the client or provider is entitled to receive. “Parent” means the parent or the person who serves in the capacity of the parent of the child receiving child care assistance services. “Program and activities” means the daily schedule of experiences in a child care setting. “PROMISE JOBS” means the department’s work and training program, promoting independence and self-sufficiency through employment job opportunities and basic skills, as described in 441—Chapter 93. “Provider” means a licensed child care center, a registered child development home, a caretaker who provides care for a child in the child’s home, or a nonregistered child care home. “Provider error” means and may result from: 1. Presentation for payment of any false or fraudulent claim for services or merchandise; 2. Submittal of false information for the purpose of obtaining greater compensation than that to which the provider is legally entitled; 3. Failure to report the receipt of a child care assistance payment in excess of that approved by the department; 4. Charging the department an amount for services rendered over and above what is charged private pay clients for the same services; 5. Failure to maintain a copy of Form 470-4535 signed by the parent and the provider. “Recoupment” means the repayment of an overpayment by a payment from the client or provider or both. Human Services[441] Ch 170, p.2 IAC 6/10/26