Office of Childhood

Section 544.456 RSMo, known as “Sam Pratt’s”  law, allows any court involved in a case of abuse, neglect, or death of a child to impose as a condition of release that the defendant is prohibited from providing child care services for compensation pending final disposition of the case.   Additionally, the court is required to notify the Department of Health and Senior Services (DHSS) and the Department of Social Services (DSS) when an order is filed, as well as the final disposition of the case.  If charges are filed with the court having jurisdiction and an order is filed, notification to D

Absence – Any day an authorized child is not in attendance when the child care facility is open for business and other children are receiving child care services.

Abuse – Any physical injury, sexual abuse, or emotional abuse inflicted on a child other than by accidental means by those responsible for the child’s care, custody, and control except that discipline including spanking, administered in a reasonable manner, shall not be construed to be abuse.

When an over collection occurs on a Child Care Subsidy claim, a report is generated to the C&R. The C&R then contacts DFAS, who then informs the claimant and issues a repayment.

A Child Care Subsidy claim can be modified when:

• the worker established the claim in error;
• a hearing decision reverses the claim and orders it terminated, or
• the balance is reduced.

When a claim is established in error a hearing decision reverses the claim and orders it modified or the balance of the claim should be reduced, complete each field applicable on a Claim Payment Transmittal (CARS-2) form. Use Transaction Type Code 22-Write-Off.

The Eligibility Unit is instructed to make the payment in the form of bank draft, cashier’s check, or money order whenever possible. A receipt is given to the Eligibility Unit and a copy filed in the claims section of the record. If a cash payment is made to the local FSD office, a money order or cashier’s check may be purchased at the local FSD office’s expense. Checks received are endorsed “FOR DEPOSIT ONLY TO THE CREDIT OF THE TREASURER OF THE STATE OF MISSOURI – DEPT OF SOCIAL SERVICES” and all payments are submitted daily.

A promissory note is sent to the Eligibility Unit with the demand letter. The debtor is given the following options:

• Prepaying with check or money order
  1. all at once,
  2. part now, the rest in monthly payments, or
  3. monthly payments.

The debtor(s) signs the promissory note according to the best repayment method for the Eligibility Unit. If the Eligibility Unit chooses to not agree to make promissory note and the Eligibility Unit has an active Child Care Subsidy case, close the case.

A Child Care Subsidy claim can be compromised only by WIU or by a judicial determination. Compromise means reduce a claim amount.

When a claim is established a demand letter is sent to the Eligibility Unit notifying them of their right to a fair hearing. The responsible member may request a fair hearing within ninety (90) days regarding the claim.

The hearing decision is sent to the Eligibility Unit and the agency. If the agency is upheld and an overpayment exists, an after-hearings notice of the claim is included in the hearing decision. The Eligibility Unit is given an opportunity to complete the promissory note.

When a claim is entered into CARS, the process to collect the overpaid amount begins. The head of the Eligibility Unit receives a demand letter telling him/her the Child Care Subsidy claim balance, repayment procedures, and hearing rights.