Child Care Service License-Exempt Provider

License-Exempt Child Care

A child care provider is not required to be licensed in order to care for the child(ren) of a CWES client. A license-exempt provider can be a relative, or non-relative caring for the children of only one family besides their own. Grandparents and great-grandparents may provide care for their grandchildren, regardless if they do not belong to the same parent.

Example  Example  If a grandparent has two daughters and each has two kids the grandparent may provide care for all four children. However, the grandparent cannot provide care for more than the number of children allowed under the licensing guidelines.

Child care cannot be provided by the child’s parent(s), child’s legal guardian, child’s step-parent, any member of the client’s CalWORKs AU, or anyone under the age of 18 years.

Provider Information

Once the EC determines that the client has secured an exempt child care provider, the next step is to identify the child care provider's:

• Name,
• Address,
• SSN,
• Phone Number, and
• Two character references.

Certification/Verification

The following must be scanned in Imaging for all license-exempt child care providers before a payment can be made.

• “License-Exempt Home Certification/Registration” (SCD 1753)
• “Declaration of Exemption from TrustLine Registration and Health and Safety Self-Certification” (CCP 1)
• “Health and Safety Self-Certification” (CCP 4)
• Original “Request for Taxpayer Identification Number and Certification” (W-9)
• “TrustLine Informing Notice” (SCD 209)
• Copy of the provider’s signed Social Security Card
• Valid California Driver License or California ID

Note: A copy of the “Health and Safety Facility Checklist” (SCD 1178) does not need to be scanned in Imaging, but must be provided to the client and documented in the Journal Detail page in CalSAWS that form was provided.

If the provider is not exempt from TL requirements, additional forms are required. Refer to TrustLine (TL) Health & Safety - TL Application Process for more information.

Citizenship

Providers who are not citizens of the US must be in this country legally, and have appropriate authorization for employment. Proof that an individual is legally authorized to work in this Country must be in the case file. Valid proof can be any of the following:

• U.S. Social Security Card issued by the SSA (other than a card stating it is not valid for work).
• Certification of Birth Abroad issued by the Department of State.
• Original or certified copy of a birth certificate issued by a state, county, municipal authority or outlying possession of the United States bearing an official seal.
• U.S. Citizen ID Card (INS form I-197).
• ID Card for use of Resident Citizen in the U.S. (INS form I-197).

TrustLine (TL)/Health & Safety

All child care providers who do not need a child care license must meet the TL and Health and Safety requirements, unless exempt from these requirements. A license-exempt provider who is the aunt, uncle, or grandparent by blood, marriage, or court decree is exempt from TL and Health and Safety requirements.

Exception: If an otherwise exempt provider has been convicted of a crime, they lose their exempt status and are required to submit a TrustLine application following the same procedures as any other Nonexempt provider.
If it is also disclosed that there is a person with a conviction living in the home of an exempt provider, or if the provider is providing the child care at another location such as the boyfriend/girlfriend of the provider and there is a person with a conviction living in the home, the provider will lose his/her exempt status. The provider and the convicted individual(s) will be required to submit a TrustLine application.
The child care authorization must be consistent with the TrustLine rules. However, when the disclosed conviction is related to child abuse or child molestation, CalWORKs will not authorize payment for these providers.

Reminder: The child's sibling is required to register with TL.

Refer to TrustLine (TL) Health & Safety - Processing TL and TrustLine (TL) Health & Safety Requirement for more detailed information.

Registration

The EC is responsible for submitting all paperwork necessary to register a child care provider in a timely manner. To register a LICENSE-EXEMPT provider in the CalSAWS system, use the “License-Exempt Home Certification/Registration” (SCD 1753). The EC gives the client the SCD 1753 and appropriate forms to be completed by the provider.

The SCD 1753 Certification section includes, but is not limited to:

• A reference to the Guide to Child Care Services for CalWORKs Families and Providers
• A schedule for payment of child care services.
• The provider's written consent to recover overpayments.
• A due date by the 5th of the following month for child care attendance or invoice.
• Child care reimbursement payments will be made within 21 calendar days of the submission of a completed attendance record or invoice.

Note: If the provider is registered with CWES and active, the EC must review the information on file to ensure all data is up-to-date (i.e., provider’s mailing address). To update a license-exempt provider’s information, a SCD 1753 and W-9 must be completed by the provider. The EC must review the information on these forms and forward the SCD 1753 and W-9 to the office designee.

The following steps provide information for processing a LICENSE-EXEMPT provider’s registration and changes:

A. The EC:

• Reviews all forms to ensure the forms are complete.
• Ensures all required documentation is attached to the registration form.
• Places the completed child care registration forms in the designated in-basket. The following are the required forms and documentation to register license-exempt providers:
  • “License-Exempt Home Certification/Registration” (SCD 1753),
  • COPY of a signed Social Security Card,
  • COPY of valid California Driver License or current California ID,
  • COPY of INS documents (if appropriate),
  • ORIGINAL “Request for Taxpayer Identification Number and Certification” form (W-9),
  • Copy of the “Cleared TrustLine Provider” letter from the California Child Care Resource and Referral Network,
  • “Declaration of Exemption from TrustLine Registration and Health and Safety Self-Certification” (CCP 1) (if applicable),
  • “Health and Safety Self-Certification” (CCP 4) (if applicable), and
  • “TrustLine Informing Notice” (SCD 209).

B. The Office Designee:

• Collects completed child care registration forms, on a daily basis, from the in-basket.
• Reviews registration forms to ensure completeness of forms and that all necessary documentation is included.
• Registers the provider by entering appropriate information in CalSAWS.
• Notifies the EC that the registration is completed by sending the Resource ID by email.
• Notifies the EC by email if the paperwork is incomplete or the required documentation is missing.
• Sends documents to Imaging.

Note: The provider must be registered in CalSAWS within three days from receipt of completed forms and required documentation.

Payment Rates

The maximum payment rate for all CalWORKs approved child care cannot exceed the RMR. The rates charged for CWES children must not exceed the rate charged to non-subsidized (non-CalWORKs) children. Refer to the current RMR table to determine the maximum rate allowable.

Exception: If the special needs, or the evening/weekend care rate adjustment, are applicable; or if the certified need exceeds 52.5 hours per week AND the rate is not included in the provider’s full-time weekly or monthly rate.

Payee

All child care payments are made directly to the child care provider.

Employer/Employee Relationship

Child care providers are not employees of the County. Therefore, requests for verification of employment are not provided by the County. In the event that a request for verification is received, the request should be forwarded to the Office Designee.

Registration Fees

Generally, CalWORKs Employment Services does not pay registration fees for exempt providers. If an exempt provider requests payment for fees. Refer to Fees for Registration for details.

Continuous Child Care

Continuous child care is referred to as receiving a child care approval for 12 continuous months. CWES generally does not pay exempt providers for child absences, unless the licensed-exempt provider has a policy that child care is on a fixed schedule whether the child attends or not. If an exempt provider requests payment for absences. Refer to Continuous Child Care for details.

Holidays/Vacation

Generally, CWES will not authorize child care payments for days the exempt provider is on a holiday or vacation. If an exempt provider requests payment for holidays or vacation. Refer to Holidays/Vacation for details.

Alternate Child Care Provider

The county will pay an alternate child care provider, if otherwise eligible, when the child is ill, and cannot go to the primary provider up to ten days per fiscal year, and for holidays/vacation of the regular provider up to ten days per year. It is unlikely that an exempt child care provider will have a current child care contract with a non-subsidized (non-CalWORKs) parent, therefore payments to an exempt provider for holiday/vacation or absences will seldom occur.

5-Day Rule

The Child Care Billing SCD 1755B/CalWORKs Child Care Reimbursement Report (CCP 2145) must be submitted by the client no later than the 5th day of the month. Incomplete or inaccurate forms will delay payment.

Overpayment

An overpayment is any amount of the child care payment the child care provider received for which they are not eligible. Child care overpayments happen when there is an administrative error, incorrect billing/invoice calculations, fraud has been committed, etc. Refer to CWES Overpayment & Underpayment - Child Care Overpayment.

Child care is approved for 12 continuous months, but is paid to provider based on child care usage. A provider overpayment occurs as a result of submitting an attendance record or invoice form for care when the child does not receive services.

Limits

Child care provided beyond the limits of these policies is the sole responsibility of the parent and child care provider.