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REV. AUGUST 20, 2007 NEBRASKA DEPARTMENT OF CCS PROGRAM MANUAL LETTER # 69-2007 HEALTH AND HUMAN SERVICES 392 NAC 3-009.01

3-009.01 Failure to Pay Fee: A client who has not paid the fee obligation under any eligibility for child care may be ineligible for other fee-paying child care until the client has made a satisfactory arrangement with the provider for payment of the earlier fee. The client is required only to make arrangements with the previous provider; s/he is not required to pay the fee in total before receiving other fee-paying child care. If the client fails to comply with the arrangements to pay the back fee, his/her child care may be closed if s/he is still otherwise eligible for fee-paying care.

3-009.02 Changing the Fee: In most cases, the fee should be changed effective the first of the following month. 3-010 Client's Right to Choose Provider: The client has the right to choose a provider, regardless of the availability of other providers. However, the provider must be licensed or approved as license-exempt. The client may choose from: 1. Licensed Child Care Center; 2. Licensed Family Child Care Home I; 3. Licensed Family Child Care Home II; 4. License-Exempt Family Child Care Home; or 5. In-home provider. The Department does not pay a caretaker to provide child care for his/her own child(ren). The Department also does not pay an individual to provide child care for his/her foster child, adopted child, or child for whom s/he is receiving adoption or guardianship subsidy. 3-010.01 Limitations on Authorization of In-Home Child Care: All in-home providers must be paid at least federal minimum wage. The worker may authorize in-home child care only if: 1. The child has a special need (see 392 NAC 1-003) or a childhood illness; 2. The client needs child care during evening, overnight, weekend, or holiday hours. Evening is defined as after 6 p.m. This is for any of the reasons for child care listed in 392 NAC 3-007. 3. There are three or more children in care. Note: The in-home provider may be an individual who lives with the child only if the child has a special need or a childhood illness. 3-010.02 Client Relatives as Providers: A relative provider is defined as any relative of the child except an adult who is legally responsible for the child or a person who is a member of the child's assistance/service unit. For the definition of a relative, see 392 NAC 3- 005.02A. 3-010.03 Employee of a Child Care Facility: When a client works at the child care facility where his/her child(ren) attends, the Department will pay for the care of the child(ren) only if it is a child care center. {Effective 4/2/05}