Child Care Chapter 16: Publicly Funded Child Care
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5101:2-16-42 Payment Waivers for Children with Special Needs
Effective Date: August 28, 2011

(A)A child care provider may request a waiver in order to receive twice the amount of the payment rate that appears in the appendix to rule of the maximumreimbursement rate, up totwice the rate as required in rule 5101:2-16-41 of the Administrative Code,. when it is necessary to purchase AchildPayment waivers may only be approved for child care services based on the documented special needs of a child. These needs may include but are not limited to, requiring a lower staff/child ratio or providing an adaptive environment in order to provide child care for children with special needs as defined in rule 5101:2-16-01 of the Administrative Code.

(B)In order toTo request a payment waiver for a child, the provider shall submit a completed JFS 01231 "Request For ReimbursementPayment Waiver" (rev. 1/2010 8/2011) to the Ohio department of job and family services (ODJFS), bureau of child care and development.

(C)ODJFS will return the JFS 01231 to the provider with verification of the amount, effective date and duration of the approval.

(C)Documentation for each publicly funded child for whom a waiver is applicable is maintained at ODJFS.

(1)A written statement from a licensed physician, psychologist or other professional with the appropriate credentials to make such a diagnosis regarding the child's physical or mental disability.

(2)A written IEP, IFSP or a documented individualized plan for the care of the child as required by rules 5101:2-14-27, 5101:2-12-38 and 5101:2-13-38 of the Administrative Code, which is signed by the parent and provider and maintained on file with the provider.

(3)A written statement of the child's need for child care services which are not reimbursable from other sources such as, but not limited to:

(a)Title XIX of the Social Security Act of 1965.

(b)Services available through the Ohio department of developmental disabilities;

(c)Head start services authorized under Title VI, sub title A, chapter 8, sub chapter B of the Omnibus Budget Reconciliation Act of 1981 (P.L. 97-35)and Human Services Reauthorization Act of 1990, Title I (P.L. 101-501).

(d)The Ohio department of education.

(e)Title XX.

(f)The Ohio department of health.

(D)In the event of a lack of availableIf state and/or federal funds are not available for the purchase of publicly funded child care services, ODJFS shall reserve the right to deny all requests to waive designatedreimbursementpayment ceilings rates.

(E)The granting of a waiver by ODJFS shall not be construed as constituting precedence for the granting of any other waiver or the subsequent renewal of an existing waiver. All waiver requests shall be considered on an individual basis.

Effective: 08/28/2011

R.C. 119.032 review dates: 02/01/2012


Date: 08/08/2011

Promulgated Under: 119.03

Statutory Authority: 5104.30

Rule Amplifies: 5104.30, 5104.35

Prior Effective Dates: 1/1/94 (Emer.), 3/31/97, 10/1/97 (Emer.), 1/1/99, 5/12/02, 6/9/03, 2/1/07, 3/28/2010