Children over age 12

Children who are ages 13 through age 14 who have special needs may receive child care assistance. Children with special needs who turn 15 while receiving child care assistance continue to be eligible for CCAP until the family’s next redetermination. Documentation of the special needs such as an IEP or medical/psychological evaluation must be submitted and kept in the county/tribal CCAP case file in order for CCAP to be approved. Refer to the MEC² User Manual – Case Disability Page, for instructions on approving CCAP eligibility for children over the age of 12.

If a payment rate that exceeds the county or city maximum school age rate is requested by the parent or provider, follow instructions in this section to request special needs rates. Department of Children, Youth, and Families (DCYF) approval is not required if the family and provider do not request a payment rate that exceeds the county or city maximum school age rate.

Special needs rates

Pay a special needs rate to a provider for the care of a child who has special needs due to a disability requiring specialized training, services or environmental adaptations. The parent and the provider must request a special needs rate and the rate must be approved by DCYF. The county or Tribe may pay special needs rates for a child with a documented special need through the child’s 14th year of age. The county or Tribe may continue to pay special needs rates for a child with a documented special need after the child turns 15, up until the family’s next redetermination, if the child had an open Service Authorization when they turned 15. See Chapter 8.1.21 (Other Changes).

A disability is a functional limitation or health condition that interferes with a child’s ability to walk, talk, see, hear, breathe or learn. A special need may be any special medical, developmental and/or atypical behavior or condition that requires additional support to help the child successfully grow and develop to his or her full potential.

Special needs payments may exceed the county or city maximum rate but must never be greater than what the provider charges the private sector for the same services. It is the provider’s responsibility to assure compliance with the Americans with Disabilities Act (ADA).

A special needs rate may be requested/approved when:

OR

Explore other funding sources within your region for specialized services or environmental adaptations to ensure parents are linked to important community services, and that child care funds do not supplant other resources. CCAP eligibility for a child with special needs is not contingent upon parental participation or eligibility in other support programs (for example, SSI).

For an individual child with special needs

Take the following steps to establish or request renewal of a special needs rate:

The CCAP agency will receive a letter indicating whether the request was approved or denied. If approved, DCYF will determine the rate(s) to approve. The rate(s) approved may be lower than the rate(s) requested. Pay the approved special needs rate retroactive to the effective date of approval on the official letter from DCYF. If the child is over 12 and attending a licensed center, DCYF will verify that the provider has a licensing variance allowing the provider to care for a child over age 12.

When the CCAP agency receives the approval or denial letter from DCYF, a resource and referral document may also be included. Based on the information submitted, DCYF is suggesting that the child could benefit from one or more of the services or resources checked on the document. When notifying the parent and provider of the approval or denial, CCAP agencies should also send a copy of the resource and referral document.

The CCAP agency must notify the provider and the parent of the decision in writing and keep a copy of the official letter from DCYF and the letter(s) sent to the provider and parent in the CCAP file. If approved, include the reasons for approval and any requirement or suggestions listed on the official letter sent by DCYF in the CCAP agency letter sent to the provider and parent. If denied, include the reasons for denial listed on the official letter from DCYF and notify the parent of the right to appeal.

Resources

For additional information and resources for children with special needs contact:

Center for Inclusive Child Care
http://www.inclusivechildcare.org

National Information Center for Children and Youth with Disabilities
(651) 603-6265
P.O. Box 1492
Washington, DC 20013-1492
1-800-695-0285 (Voice/TTY)
E-mail: nichcy@aed.org

U.S. Department of Justice, Civil Rights Division, Disability Rights Section
Americans with Disabilities Act (ADA) Information
1-800-514-0301 (Voice)
1-800-514-0383 (TDD)

For examples of ADA Information Available see:
http://www.usdoj.gov/crt/ada/chcaflyr.htm

Legal authority

Minnesota Statutes, 142E.10, subd. 1(e)
Minnesota Statutes 142E.17Minnesota Rules 3400.0130, subp 3 and 3a
Minnesota Rules 3400.0020