DHS: Child Care and Development CSA Attachment I

I. INTRODUCTION
II. APPLICABLE LAWS AND RULES
III. PROGRAM SERVICES
IV. PROGRAM PLAN AND DELIVERABLES
V. METHOD OF PAYMENT
1. A. Grant
2. B. Fee-For-Service
VI. ELIGIBILITY CRITERIA
VII. REPORTING REQUIREMENTS
VIII. SPECIAL CONDITIONS

I. INTRODUCTION

This document serves as an attachment to the Department of Human Services (DHS) Community Services Agreement (Agreement) and sets forth supplemental contractual obligations between the provider and DHS. The attachment provides contractual requirements beyond, and in addition to, those in the Agreement and is intended to deal with the programmatic areas of the Bureau of Child Care and Development.

II. APPLICABLE LAWS AND RULES

The Provider must comply with applicable laws and rules which include, but are not limited to, the following:

Federal
- 42 USCA 9858
- 45 CFR, Parts 98 and 99
State:
- 305 ILCS 5/9A-11
- 20 ILCS 505/5.15
- 89 Illinois Administrative Code, Chapter IV, Part 50, Child Care
- Bureau of Child Care & Development Program Manual
- Site Administered Child Care Program Provider Manual

III. PROGRAM SERVICES

The following is a listing of service programs funded by the Bureau of Child Care and Development. The Provider will be funded for the service program(s) specified on the Agreement Exhibit A and in accordance with the Child Care Program Plan for Site Administered and Infant & Toddler Providers (Program Plan) and Agreement Exhibit B.

A. Child Care Resource and Referral (CCR&R) Agencies

CCR&R agencies are community-based organizations located throughout the state, serving every county in Illinois. Working in partnership with parents, child care providers, community organizations, business and government, the CCR&Rs work to make high quality child care available to Illinois families. CCR&R agencies locally administer the Child Care Assistance Program (CCAP) for families of low income and offer a core set of services which include: providing parents with consumer education and referrals to child care programs, supportive services for child care providers and technical assistance to communities and employers.

CCR&Rs determine family eligibility for CCAP, assess parent co-payments and process payments to child care providers. Parent co-payment amounts depend on the family income, size of the family and the number of children in child care. To be eligible for CCAP, a family must be income eligible, have one or more child(ren) through 12 years of age, and meet one of the following activities: be employed and/or in an approved education and training program; or a teen parent who is under 20 years old and enrolled in high school or a GED program.

CCR&Rs also deliver training and technical assistance and resources to child care providers in order to improve the quality of care offered, help develop new child care resources in communities where needed, assemble and maintain accurate provider and parent customer database, and record and analyze data on child care supply and demand to support community capacity building.

B. Site-Administered

Site administered child care providers are licensed providers who contract directly with the Department. They are responsible for determining family eligibility and assessing parent co-pays.

In addition to the cost of providing child care, site-administered providers are eligible for an administration fee. This fee helps defray the cost of administering their program, e.g. determining and redetermining eligibility and maintaining eligibility files.

C. Child Care Collaboration Program

The Child Care Collaboration Program was created to facilitate high quality collaborative arrangements between child care and other early care and education providers and/or funding streams. It is enabled by Child Care Administrative Rule, Sections 50.610-650.
The benefits of becoming an approved Child Care Collaboration include the ability to take advantage of the following child care rule exceptions, for families approved in the collaboration:

Annual redetermination of family eligibility;
Using a ninety-day job loss grace period; and,
Maintaining indefinite eligibility for families whose current TANF Responsibility & Service Plan specifies the child or family's participation in the collaboration.

D. Quality/Discretionary

These contracts are entered into based on identified needs and fill gaps other Child Care contracts do not. Quality/Discretionary contracts provide for needed services including infrastructure supports of Illinois' child care programs and the workforce, research and pilot projects. Contracts are awarded on an as needed basis.

E. Quality Counts: Quality Rating System (QRS)

QRS was started July 1, 2007 to provide an add-on to help off-set the additional costs of providing quality child care. QRS is a voluntary sytem that offers progressive levels which license-exempt and licensed family child care providers and licensed centers can achieve. Specific quality criteria must be met to ahieve a level depending on the type of care provided. Once a provider has met the required criteria for a level, a certificate is awarded and a quality add-on rate to the CCAP standard daily reimbursement rate is received. Licensed programs can apply for one of four Star Levels, with add-ons ranging from 5%-20%. License exempt home providers can apply at one of three Training Tiers, with add-ons ranging from 10%-20%. The QRS application process is administered by the Illinois Network of Child Care Resource and Referral Agencies (INCCRRA). For additional information, visit their Illinois Network of Child Care Resource and Referral Agencies (INCCRRA)website (www.inccrra.org)

F. Infant/Toddler Incentive Program

In response to the low number of caregivers for infants and toddlers, this program was developed to increase the availability of center-based child care for children two-years and younger to low income families. Child care centers who qualify are rewarded for increasing the number of children two years and younger in care or for maintaining current infant/toddler capacity.

G. Extended Hour Child Care Add-On

Extended Hour Child Care is care provided before 6:00 a.m. and after 6:00 p.m., and on Saturday and Sunday. Care must be given for at least two (2) hours in this extended time frame.

This add-on is available to programs who have received prior approval from IDHS, either through the FY98 expansion process or the pilot program.

H. Migrant Head Start Project

The Migrant Head Start Project provides a full-day comprehensive Head Start child development program to children, aged six weeks to six years, from migrant farm-worker families. Their mission is "to help farm-worker families improve their lives".

I. Human Capital Development (HCD) Child Care Special Contracts

HCD Child Care Special Contracts provide services to Illinois citizens when special needs are identified. Services are negotiated individually. Services may be restricted to target populations, specified communities, or geographical areas. The contract deliverables, service activities, costs, and outcomes are stipulated in the Program Plan.

J. DHS TANF Initiative

The Temporary Assistance for Needy Families (TANF) program provides temporary financial assistance for pregnant women and families with one or more dependent children. TANF provides financial assistance to help pay for food, shelter, utilities, and expenses other than medical expenses. Since the inception of this program in 1997, DHS has had agreements with various types of contractors who provide employment and training services to TANF customers in an effort to help them gain independence.

Pursuant to the Deficit Reduction Act, changes were made to federal TANF regulations that place greater restrictions on the types of activities that are countable and tighten record-keeping requirements. Failure to meet the new requirements would result in the potential loss of millions of dollars in federal funding. Consequently, DHS must increase the number of Work Experience and Community Service positions available for TANF customers. Accordingly, DHS has begun a new initiative to encourage additional providers to establish such positions.

Below is a description of this new initiative. Provider participation in this program is voluntary. If you choose to participate, DHS will provide you with a specific agreement detailing requirements of the program.

The Role of the Provider

The provider will ensure it establishes work experience and/or community services positions for up to three (3) individuals participating in the Temporary Assistance for Needy Families (TANF) employment and training program. These individuals are referred to herein as the "Participant" or "Participants".

The Participants will be referred to the Provider by the local Family Community Resource Center (FCRC) or by a TANF employment and training contractor. Participants will be assigned to either work experience or community service positions for no more than thirty (30) hours per week.

The Provider will be required to provide daily supervision to the Participant(s) assigned, complete daily attendance records, provide comments on the Participant's progress, and transmit this information on a weekly basis to the person or entity who made the referral (i.e., the local office and/or Employment & Training contractor). The attendance form must be signed by the Participant(s) and the site supervisor. The Provider's site supervisor must participate in monthly telephone conferences with the case manager assigned to the client/customer. These telephone conferences will be held at a time that is mutually agreeable to the site supervisor and the case manager.

For Community Service positions, the Provider must provide the following information: (1) a description of the agency's mission, (2) how its services benefit the community, (3) the task(s) that will be performed by the Participant(s) at the agency, and (4) the job skills to be acquired by performing the task(s). It is preferred that all documents required are submitted to the agency prior to the client/customer being referred to the provider; however, such documents must be provided no later than (5) days after receiving the referral. Daily attendance of the client must be recorded and maintained. Upon request, record of the attendance of each customer sent to the referring agency must be sent to the TANF caseworker.

For Work Experience, the Provider must identify the specific tasks/duties to which the Participant(s) will be assigned. It is preferred that all documents required are submitted to the agency prior to the client being referred to the provider; however, such documents must be provided no later than (5) days after receiving the referral. Daily attendance of the client must be recorded and maintained. Upon request, record of the attendance of each customer sent to the referring agency must be sent to the TANF caseworker.

Definitions of TANF Work and Training Activities

Work Experience - Provides a Participant with an opportunity to acquire the general skills, training, knowledge and work habits necessary to obtain employment. The activity must be supervised daily by an employer, work site sponsor, or other responsible party. Participants may be placed in a supervised assignment with public, private or not-for-profit employers, organizations and governmental agencies. Pursuant to applicable law, the maximum number of hours each Participant may be assigned per work is thirty (30); the specific number of weekly hours a Participant may be assigned will be determined by DHS.

Community Service - A structured program in which Participants perform work for the direct benefit of the community under the auspices of a public or non-profit organization. Community service programs must be limited to projects that serve a useful community purpose in fields such as health, social services, environmental protection, education, urban and rural redevelopment, welfare, recreation, public facilities, public safety, and childcare. Community service programs are designed to improve the employability of Participants not otherwise able to obtain employment. Participants in such programs must be supervised daily on an ongoing basis. Pursuant to applicable law, the maximum number of hours each Participant may be assigned per week is thirty (30); the specific number of weekly hours a Participant may be assigned will be determined by DHS.

If you have any questions or require further information, please contact DHS' Division of Human Capital Development at (312) 793-0683 or (217) 785-3300.

IV. PROGRAM PLAN AND DELIVERABLES

The Provider is required, as a condition of this Agreement, to have an approved program plan (contract attachments) on site with the Bureau of Child Care and Development.

The program services are detailed in the Child Care Program Plan for Site Administered and Infant & Toddler Providers (Program Plan), as approved by the Department. As a part of this Attachment, the Provider is required to comply with all of the conditions and provisions of the Program Plan. The Program Plan will serve as the formal statement of requirements between the Provider and the Department. The Department may, at its discretion, make changes to the Program Plan during the service period and shall notify the Provider in writing of such changes 10 calendar days in advance of the changes.

All contractors must have a community outreach plan which includes a detailed description for notifying the community of the program, hours of operation, and admittance/eligibility requirements into the program(s) they administer for IDHS. Each contractor must have available for inspection linkage agreements or memorandums of understanding with other community services agencies, IDHS local offices, and other outreach entities. IDHS must approve any publication and distribution of flyers, printed materials and brochures that are part of the IDHS funded program. All contractors must have a referral process that assists program participants with enrollment into public benefit programs such as TANF, Food Stamps, KIDCARE, medical and disability assistance, as well as other resources that address the needs of the population targeted for service.

V. METHOD OF PAYMENT

A. Grant

program that receives all or part of the funding in advance of the actual delivery of services. This includes prorated prospective payments and payments made by the Department on an estimated basis or any other basis when the Department does not know the actual amount earned by the provider. This does not include advance payments made under the authority of the Illinois Finance Act (30 ILCS 105/9.05), nor does it include payments made by the Department when there is documentation prior to expiration of the lapse period to which the expenditures are charged that the goods or services were received. All funds paid as a grant are subject to the Illinois Grant Funds Recovery Act (30 ILCS 705 et. seq.).
All funds disbursed by the Department on a grant basis are subject to reconciliation and the recovery of lapsed funds. Grant funds recovery activity is based on the Illinois Grant Funds Recovery Act (30 ILCS 705). The reconciliation will be based on one of the following methods at the election of the Department:
1. Eligible Expenditures vs. Program Revenue - This method compares the eligible expenditures to the total Department grant revenues by program. An independent audit and associated supplemental revenue and expense schedule may be required from the provider. Eligible expenditures will be determined based on 89 Ill. Adm. Code 509.20, Allowable/Unallowable Costs, and specific program requirements, if applicable.
2. Eligible Services Delivered vs. Services Projected - This method compares the actual eligible services delivered to the services projected in the Contract/Agreement. If the services were based on a rate methodology, the number of eligible service units delivered times the rate, unit cost, etc., is compared to the total of all grant payments for that service.

B. Fee-For-Service

A program for which the payments are made on the basis of a rate, unit cost or actual allowable cost incurred and is based on a statement or bill as required by the Department. These payments occur after documentation has been received by the Department. Payments made as a fee-for-service are not subject to the Illinois Grant Funds Recovery Act (30 ILCS 705 et. seq.).
Payments to the Provider are based upon services and rates as specified in the approved Program Plan. Billings, with required substantiating documentation, are submitted by the Provider upon completion of service. The Provider must accurately complete and submit billings in a timely manner. The Provider understands that incorrect billings or portions of billings may not be processed in the current monthly cycle and may be returned to the Provider for correction.
The Provider must submit accurate reports (service or cost, as specified by the Department). Payments may be suspended if reports are not received in the proper format or timely as specified in the Program Plan.

VI. ELIGIBILITY CRITERIA

In order to be eligible to receive child care assistance:

A parent must meet income guidelines for their particular family size.
A parent must be employed and/or in an approved education/training program.
Families must be Illinois residents.
A teen parent must be under 20 years of age and enrolled in high school or a GED program.
A parent may or may not be receiving TANF.

VII. REPORTING REQUIREMENTS

The Provider will use the billing process and forms as detailed in the Program Plan (which contains the forms to be completed as an attachment to a site administered child care contract).

The Provider may be required to complete a close out report as directed by the Department. If the Provider is required to complete a close out report, the terms will be identified in the contract packet.

VIII. SPECIAL CONDITIONS

Service period
The Department reserves the option to specify a service period that is different from the Term of the Community Services Agreement. In such instances, service deliverables must be achieved within the period specified in the Program Plan.
Nonwaiver Provision
Failure of either party to insist on performance of any term or condition of this Attachment or to exercise any right or privilege hereunder shall not be construed as a continuing or future waiver of such term, condition, right, or privilege.
Safety of Children
The Provider will ensure that children are adequately supervised and that the physical environment is appropriate and safe and meets all applicable standards set by state and federal laws, rules and regulations.
Eligible Clients
The Provider is responsible for ensuring that funds are spent only on individuals eligible for services under the conditions of this Attachment.
Duplications
There will be no payments for duplication of services under this Attachment.
Similar Services
Nothing in this Attachment shall prevent the Provider from performing similar services for other parties. However, the Provider warrants that at no time will the compensation paid by the Department for services rendered under this Attachment exceed the rate the Provider charges for rendering of similar services elsewhere.
Litigation
In the event the Provider, its parent or related corporate entity becomes a party to any litigation, investigation or transaction that may reasonably be considered to have a material impact on the ability to perform under this Agreement, the Provider will immediately notify the Department in writing. Failure to notify the Department constitutes a breach of this Agreement that can result in immediate cancellation.
Negative Incidents
The Provider will provide the Department with written notification of negative incidents involving or impacting children within 48 hours. The Department will assume no responsibility for the inappropriate conduct of clients. The Provider has the right to pursue reasonable legal remedies against clients for misdeeds with no involvement on the part of the Department.
Sale of Center
In the event the Provider, its parent or related entity sells the child care center, the transaction shall terminate the contract with the Department.
Monitoring
In accordance with Paragraph 12 of the Agreement "The Department shall monitor the Provider's conduct under this Agreement which may include, but shall not be limited to, reviewing records of program performance in accordance with administrative rules, license status review, fiscal and audit review, Agreement compliance and compliance with affirmative action requirements of this Agreement."
The Provider will establish and maintain monitoring and other controls as are necessary to ensure and certify that all monthly program billings and/or reports submitted represent documented, verifiable program activities.
The Provider must implement a Corrective Action Plan in response to monitoring findings within the time frame specified by the Monitoring Section. The Provider will report on the progress of the corrective action(s) on the schedule provided by the Monitoring Section.
The Provider agrees that funds paid under this Agreement that cannot be substantiated as justifiable through on-site monitoring will be reimbursed to the Department within 45 days of the written request for reimbursement.
Meetings
The Provider will attend meetings held by the Department to discuss issues related to Department policy, contracting process, or other related activities.
Training
The Department will provide training to the Provider on: policy and program requirements; billing process; appeal process; use of Department forms; support services; and fiscal monitoring process/expectations. Thereafter, the Department will provide the Provider with technical assistance at the Provider's request.
The Provider will require appropriate program staff to attend Department arranged training sessions.
The Provider will establish procedures to train new hires on Department policy and procedures.
Approved Budget
The Department is not liable for costs incurred by the Provider that are not contained in the approved program budget/Funding Request. Except as otherwise stated or provided for in this Attachment or in the approved Program Plan, no payment for extra charges, supplies or expenses shall be made without prior approval from the Department.
Computation of Error
The Department reserves the right to correct or return to the Provider for correction any documents with mathematical or computational errors in payment subtotals or total contractual obligation.
Funding Reserve
Reductions in Amounts Payable: The amount(s) payable, or estimated amount(s) payable, to vendor/provider under the agreement and this attachment may be subject to a reduction as necessary or advisable, based upon actual or projected budgetary considerations, at the sole discretion of the Illinois Department of Human Services.
Reference to Four (4) Month Contract Deliverables
- Contracts are effective through October 31, 2011. It is the intention of DHS to amend the contracts with additional contract language prior to October 31, 2011.
- Deliverables set forth in the attachments are hereby prorated to one-third (1/3) of the stated outcomes to be achieved until such time this contract is amended to state otherwise.

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Child Care and Development CSA Attachment I