Child Care and Development CSA Attachment I

  1. 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.
  2. APPLICABLE LAWS AND RULES
    The Provider must comply with applicable laws and rules which include, but are not limited to, the following:
    1. Federal. 42 USCA 9858; 45 CFS Parts 98 and 99; 42USC 9801; 45 CFS Parts 1304-1310
    2. State. 305 ILCS 5/9A-11(IL Public Aid Code); 20 ILCS 505/5.15 (Children and Family Services Act); 89 Illinois Administrative Code, Part 50 - (Child Care)
  3. PROGRAM SERVICES
    The following is a listing of program service funded by the Bureau of Child Care and Development (BCC&D). 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 (Program Plan) and Agreement (Exhibit B).
    1. Child Care Assistance Program (CCAP) - This service is the subsidized child care program administered by BCCD that provides child care assistance for working families or those in approved training/education programs. In order to be eligible for CCAP services, a parent must meet the income guidelines established by DHS for their particular family size; be employed and/or in an approved education/training program; must be an Illinois resident; and, a teen parent must be under age 20 and enrolled in high school or a GED program. CCAP parents may or may not be receiving. TANF. These services are enabled by 45 CFS Part 98.50.
    2. Child Care Resource and Referral (CCR&R) Agencies - CCR&R agencies 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; technical assistance to communities and employers; the delivery of training and technical assistance and resources to child care providers to improve the quality of care; aid in the development of new child care resources in communities, where needed; assembly and maintenance of accurate provider and parent customer databases; and, recording and analysis of data on child care supply and demand to support community capacity building. CCR&R services also include the determination of family eligibility for CCAP, the assessment of parent co-payments and the processing of payments to child care providers; the delivery of training and technical assistance and resources to child care providers in order to improve the quality of care offered - help developing new child care resources in communities where needed, assembly and maintenance of accurate provider and parent customer databases and recording and analyzation of data on child care supply and demand to support community capacity building.
    3. Site-Administered - Site administered child care services are CCAP services delivered by DCFS licensed providers who contract directly with DHS Services include the determination of family eligibility and assessment of parent co-pays, and billing DHS for services provided. Site administered services allow for an administration fee to help defray the cost of administering their program.
    4. Child Care Collaboration Program - The Child Care Collaboration Program facilitates high quality collaborative arrangements between child care and other early care and education providers and/or funding sources by offering approved providers policies that enable collaboration. It is enabled by IL Administrative Code, Sections 50.610-650.
    5. Quality/Discretionary - Quality/Discretionary services are those needed for child care quality improvement and include funding for infrastructure supports for Illinois= child care programs, the workforce, research and pilot projects. These services are enabled by 45 CFR Part 98.50.
    6. Quality Counts: Quality Rating System (QRS) - The QRS services provide a rate add-on to help off-set the additional costs of providing quality child care. The QRS is a voluntary system that includes progressive levels of quality improvement and recognition that licensed centers and license-exempt and licensed family child care homes can achieve. Specific quality criteria must be met to achieve a level depending on the type of care provided. Once a provider has met the required criteria for a level, a certificate is awarded, along with a quality add-on rate to the CCAP standard daily reimbursement. The QRS application process is administered by the Illinois Network of Child Care Resource and Referral Agencies (INCCRRA). Additional information is located at www.inccrra.org. This service is enabled by 45 CFR Part 98.50.
    7. Infant/Toddler Incentive Program - The Infant?Toddler Incentive Program, developed in response to a low number of child care providers caring for infants and toddlers (children age 2 and younger), provides a 10% add-on to the CCAP standard daily reimbursement for centers that qualify. This service is enabled by 45 CFR 98.50.
    8. Extended Hour Child Care Add-On - This service promoted child care after traditional hours by providing a CCAP rate add-on to providers who care for children before 6:00 a.m. and after 6:00 p.m., and on Saturdays and Sundays. Care must be provided for at least two (2) hours during this extended time frame. This program/service is available to child care providers who have received prior approval from DHS. It is enabled by 45CFR 98.50.
    9. Migrant and Seasonal Head Start Program (MSHSP) - The MSHSP provides full-day comprehensive Head Start child development services to children, ages 6 weeks to 6 years - from migrant farm worker families. Services include classroom child development/educational services, family support, and health. It is enabled by 48 USC 9801 and 45 CFR Parts 1304-1310.
    10. Family and Community Services (FCS) Child Care Special Contracts - FCS 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. Not enabled by statute.
    11. Healthy Child Care Illinois (HCCI) - The HCCI program provides child care providers and families with links to health and safety services to promote positive child development in child care settings. The Provider employs a Child Care Nurse Consultant (CCNC) who provides health and safety technical assistance, training, consultations and referrals to child care providers and the families they serve. CCNCs also work with community partners to promote healthy/safe child care options within each CCR&R service delivery area by conducting health fairs or other outreach activities. Not enabled by statute.
  4. PROGRAM PLAN AND DELIVERABLES
    The Provider is required, as a condition of this Agreement, to have a Program Plan approved by DHS, BCCD, which consists of: Contract Appendices - Agency Information Form; Rate Certification Form; Rate Explanation Sheet; Funding Request Form; Private Pay Rate Sheet; and Child Care Program Narrative.
  5. METHOD OF PAYMENT
    1. Grant - A 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 DHS on an estimated basis or any other basis when DHS 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 DHS 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.).
    2. All funds disbursed by DHS 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 DHS:
      1. Eligible Expenditures vs. Program Revenue - This method compares the eligible expenditures to the total DHS 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.
    3. 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 DHS. These payments occur after documentation has been received by DHS. 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 DHS). Payments may be suspended if reports are not received in the proper format or timely as specified in the Program Plan.
  6. REPORTING REQUIREMENTS
    The Provider will use the billing process and forms as detailed in the Program Plan and Site Administered Child Care Program Manual. The Provider may be required to complete a close out report as directed by DHS. If the Provider is required to complete a close out report, the terms will be identified in the contract packet. provided to them at the beginning of the contract period.
  7. SPECIAL CONDITIONS
    1. Service period - DHS 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.
    2. 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.
    3. 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.
    4. Eligible Clients - The Provider is responsible for ensuring that funds are spent only on individuals eligible for services under the conditions of this Attachment.
    5. Duplications - There will be no payments for duplication of services under this Attachment.
    6. 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 DHS for services rendered under this Attachment exceed the rate the Provider charges for rendering of similar services elsewhere.
    7. 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 DHS in writing. Failure to notify DHS constitutes a breach of this Agreement that can result in immediate cancellation.
    8. Negative Incidents - The Provider will provide DHS with written notification of negative incidents involving or impacting children within 48 hours. DHS will assume no responsibility for the inappropriate conduct of clients. The Provider hasthe right to pursue reasonable legal remedies against clients for misdeeds with no involvement on the part of DHS.
    9. 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 DHS.
    10. Monitoring - In accordance with Article XVI, DHS shall monitor 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 the affirmative action requirements of this Agreement. DHS shall have the authority to conduct announced and unannounced monitoring visits and Provider shall cooperate with DHS in connection with all such monitoring visits. Failure of Provider to cooperate with DHS in connection with announced and unannounced monitoring visits is grounds to DHS' termination of this Agreement.
      DHS may request, and Provider shall supply, upon request, necessary information and documentation regarding transactions constituting contractual (whether a written contract is in existence or not) or other relationships, paid for with funds received hereunder. Documentation may include, but is not limited to, information regarding Provider's contractual agreements, identify of employees, shareholders and directors of Provider and any party providing services which will or may be paid for with funds received hereunder, including, but not limited to, management and consulting services rendered to Provider.
      This ARTICLE XVI does not give DHS the right to review a license that is not directly related to the Program being audited nor does it allow DHS to unilaterally revoke a license without complying with all due process rights to which Provider is entitled under Federal, State or local law or applicable rules promulgated by DHS.
    11. Meetings - The Provider will attend meetings held by DHS to discuss issues related to DHS policy, contracting process, or other related activities.
    12. Training - DHS will provide training to the Provider on: policy and program requirements; billing process; appeal process; use of DHS forms; support services; and fiscal monitoring process/expectations. Thereafter, DHS will provide the Provider with technical assistance at the Provider=s request.
      The Provider will require appropriate program staff to attend DHS arranged training sessions.
      The Provider will establish procedures to train new hires on DHS policy and procedures.
    13. Approved Budget - DHS 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 DHS.
    14. Computation of Error - DHS 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.
    15. 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 DHS.