[29 Pa.B. 271]
[Continued from previous Web Page] Appendix A, Part I--Income inclusions
Comment: Commentators questioned the Department's intent to include income from capital gains and profit from S-Corporations.
Response: The Department has added capital gains and profit from S-Corporations to Appendix A, Part I, N.
Issue: The Department has modified the language pertaining to veteran's payments to more accurately reflect the Department's intent to include payment made to veterans or survivors of veterans in Appendix A, Part I, M.
Appendix A, Part III--Income Exclusions
Issue: The Department has included a new exclusion for adoption assistance payments in Appendix A, Part III, S. This exclusion now parallels how other offices within the Department treat adoption assistance.
Appendix B--Co-payments
The Department's charts, including county groupings for the co-payment schedule, are current for Fiscal Year 1998-99.
Some commentators included comments on the subsidized day care program which are not addressed in the final-form regulations. A summary of the comments reflected and the Department's rationale for not integrating suggested changes into the final-form regulations follows:
Minimum health and safety standards--IRRC commented that relative/neighbor providers should be required to comply with minimal health and safety requirements. The Department has a process in place for assuring that relative/neighbor caregivers who provide care in the subsidized system meet minimal health and safety standards. The CAOs and CCIS agencies must give parents information detailing health and safety standards which the parent must share with the chosen caregiver. The information must include a certification document which must be signed by the caregiver attesting to compliance, and informs the caregivers that they are subject to State inspection if complaints are received. The standards which are based on the Federal CCDBG statute include:
1. Prevention of infectious diseases (handwashing requirements for the provider and child).
2. Building and physical premises safety requirement (including smoke detectors, properly storing toxics, and locked storage of any weapons and ammunition).
3. Minimum health and safety training (including training materials provided by the Department on health and safety topics).
Reimbursement rates--IRRC and other commentators suggested that the Department review current maximum reimbursement rate ceilings used for payment to child care providers. The Department has reviewed the current maximum ceilings and determined that it needs to adjust the ceilings. The Governor's Budget for Fiscal Year 1998-99 includes a 3% increase to raise the maximum reimbursement ceiling rates effective January 1, 1999. The 3% increase to the maximum ceilings reimbursement rates will be an interim step until the Department assesses the process of establishing reimbursement ceilings and identifies factors to be used to determine ceiling rate increases in the future. The Department will conduct a market rate survey in accordance with final Federal regulations.
Procedures on transfer of former cash assistance families to the LMA--IRRC and others expressed concern about the fact that regulations do not address the process by which the transition from TANF support services to the low-income subsidized child care program will occur. Commentators requested information on the expectations for coordination between the CAO and the CCIS. Commentators raised particular concern that any inconsistencies between the programs might present barriers to families making a smooth transition.
Transition from the supportive services associated with cash assistance to the low-income child care subsidy system is not new. Since 1990, employed AFDC recipients and TCC recipients whose 12 months of TCC eligibility had expired have been transitioning from the CAO to the CCIS-administered program on a daily basis. Regulations have established AFDC/TCC priority access to the CCIS system, but regulations have not dictated the processes used to transfer individuals from the CAO to the CCIS. Processes and procedural instructions, which are subject to change, have historically been contained in the Cash Assistance Handbook used by CAOs and the Procedures Manual used by the CCIS agencies.
In response to concern that families could face barriers in transitioning from TANF-related child care benefits under Chapter 168 to low-income child care subsidy under Chapter 3040, the Department has taken steps to eliminate or minimize potential barriers by eliminating the disregard, eliminating time-limited TCC benefits and implementing pay up to first pay for TANF families. Where possible, inconsistencies in regulations or differences in definitions have been eliminated in the final regulations. When differences do exist between programs, provisions have been included in Chapter 3040 to give ex-TANF families 6 months after the date that TANF benefits end before the appropriate regulations in Chapter 3040 apply. The Department has already implemented changes to minimize barriers. This includes staff from CCIS agencies going to the CAOs to offer TANF families information on selection of good child care, and exchange of pertinent information on TANF families and former TANF families to assure that payments to their child care providers are not disrupted.
The Department is now working on developing the processes and procedures which will be utilized to accomplish the transition of families from the CAO to the CCIS under Child Care Works. A number of work groups are dealing with the development and testing aspects of things such as: system identification of TANF case closings with child care needs; automated notices of eligibility regarding services to ex-TANF families and their providers; nightly downloading of cases identified for transfer; electronic transmission of case information to negate the need for duplicate verification; system matches of case and provider data between the two programs; automated calculations of benefit levels; and headquarters transmission of information to CCIS agencies, which do not currently have an electronically connected Statewide communication system. Each of these components is, by itself, a major system redesign. Not all the desired system components will be in place on the first day of implementation, so that staff initially will be required to perform functions manually that later will be automated. Processes and procedures will be subject to numerous revisions at least in the first year of operation.
Other areas--The Department received comments on other child care areas not related to these eligibility regulations.
Comment: Commentators suggested that the Department should conduct more unannounced inspections of child care facilities.
Response: The Department does complete unannounced inspections for facilities when there are complaints of regulatory violations and to follow up with facilities that have a history of noncompliance. At this time the Department is required by regulation to make announced annual inspections to day care facilities.
Comment: Commentators suggested that the Department not pay the parent for child care costs but pay the providers.
Response: Regulated providers who are selected by TANF families have the option of whether they want to participate in the Department's vendor payment system. This option is available to assure that the greatest number of providers is available to provide services. At this time, relative/neighbor caregivers of TANF children do not have the option to participate in the Department's vendor payment system.
Comment: Commentators indicated that employers should be given incentives to offer child care.
Response: The Department is coordinating efforts with other Commonwealth agencies to develop incentive packages to offer to employers.
Comment: Commentators urged the Department to offer training to child care providers.
Response: At the present time, the Department offers training to staff in child care facilities through Statewide contractors. In 1998-99, the Department will offer training to nearly 50,000 child care staff persons Statewide. The Governor's Budget for 1998-99 included additional funds to improve quality through training.
Comment: Commentators asked about the Department's plans to expand child care capacity.
Response: The Department is implementing a system to distribute capacity-building funds. The Department has awarded four contracts to assess the child care needs in each county. Based on the assessment, the four contractors will develop plans to expand the capacity of available child care in individual counties. The Department will review the recommended plans and authorize the contractors to distribute seed money to expand child care capacity in the counties.
Fiscal Impact
Public Sector
Commonwealth--The Department will serve, at a minimum, 4,105 additional children on an annual basis because the increase in co-payments will result in more funds being available in the subsidized child care program to serve more individuals. The additional revenue from the increased co-payments will make $12.8 million available in State and Federal funds to serve additional children because the increase in the parent co-payment will extend the use of State and Federal funds to serve these additional children. The Department will incur additional costs to pay actual child care allowances for TANF families when the disregard is eliminated; and to pay child care costs until the TANF parent receives his first pay.
Political Subdivisions--Local governments will not have increased costs due to these final-form regulations.
Private Sector
These final-form regulations may increase administrative costs for child care providers who choose to participate in the subsidized program.
General Public
Family fees for those already in the subsidized child care program will generally increase. Because the family contribution toward the cost of care will increase, child care subsidy funds that would have been used for one family will be available to support additional families who would otherwise go on the waiting list. Thousands of families will receive increased amounts of subsidy because of the elimination of the disregard.
Paperwork Requirements
When the regulations become final, there will be changes in the paperwork requirements for the Department, the eligibility agent and the parent. The Department's paperwork requirements will increase as it must revise current eligibility forms, design new forms for child support and fraud requirements, and design forms to meet Federal reporting requirements under PRWORA to include the number of hours of service a child receives.
The eligibility agents' and parents' paperwork will increase as they must complete redeterminations at 6-month intervals rather than 12-month intervals. Additionally, the eligibility agent will need to complete paperwork and follow-up activities related to child support actions and identification and verification of suspected fraud. These amendments are necessary because the revised eligibility regulations intended to assure that families receive the appropriate level of child care subsidy and that only eligible families receive service. The eligibility agent will experience a decrease in the paperwork as it will no longer have to maintain a waiting list for those individuals whose income is between 186% and 235% of FPIG and will no longer need to complete redeterminations for families on the waiting list.
Effective Date
These final-form regulations will take effect on February 1, 1999.
Sunset Date
No sunset date applies to these final-form regulations.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), the Department submitted a copy of the notice of proposed rulemaking to IRRC and to the Chairpersons of the House Aging and Youth Committee and the Senate Committee on Public Health and Welfare for review and comment.
In compliance with section 5(c) of the Regulatory Review Act, the Department also provided IRRC and the Committees with copies of all comments received, as well as other documentation. In preparing these final-form regulations, the Department has considered all comments received from IRRC, the Committees and the public.
Under section 5.1(d) of the Regulatory Review Act, these final-form regulations were deemed approved by the House Aging and Youth Committee and the Senate Public Health and Welfare Committees on November 18, 1998. Under section 5.1(e) of the Regulatory Review Act, these final-form regulations were approved by IRRC on November 19, 1998.
Contact Person
The contact person for these final-form regulations is Kathryn J. Holod, Director, Bureau of Child Day Services, Bertolino Building, 4th Floor, Harrisburg, PA 17012, (717) 787-8691.
Findings
The Department finds that:
(1) Public notice of intention to adopt the administrative regulations amended by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) The adoption of these amendments in the manner provided in this order is necessary and appropriate for the administration and enforcement of the Public Welfare Code.
Order
The Department, acting under the Public Welfare Code, orders that:
(a) The regulations of the Department, 55 Pa. Code Chapters 165, 168, 183 and 3040, are amended by amending §§ 165.2, 165.42, 165.44, 165.46, 165.81, 168.1, 168.2, 168.11, 168.17--168.21, 168.41, 168.43--168.45, 168.49, 168.61, 168.71, 168.72, 168.74, 168.81, 168.91, 168.101, 183.94, 3040.1, 3040.3, 3040.4, 3040.11, 3040.12, 3040.14--3040.17, 3040.19, 3040.31--3040.38, 3040.51-- 3040.54, 3040.61--3040.64 and 3040.71--3040.78; by deleting §§ 168.12--168.16, 168.42, 168.46, 168.47, 168.50, 168.73, 168.75, 168.76, 3040.2, 3040.13, 3040.18, 3040.39 and 3040.55; and by adding §§ 168.51, 3040.20, 3040.27, 3040.28, 3040.40 and 3040.91--3040.94 to read as set forth in Annex A.
(Editor's Note: The following statements of policy have been deleted in this rulemaking §§ 3040.31a, 3040.34a and 3040.54a.)
(b) The Secretary of the Department shall submit this order and Annex A to the Office of Attorney General and the Office of General Counsel for approval as to legality and form as required by law.
(c) The Secretary of the Department shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect on February 1, 1999.
FEATHER O. HOUSTON,
Secretary(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 28 Pa.B. 5920 (December 5, 1998).)
Fiscal Note: 14-438. No fiscal impact; (8) recommends adoption. While these regulations will not increase General Fund costs, Federal funds from the Child Care and Development Fund Block Grant will be used to pay for increased program costs. Fiscal Year 1998-99--$10 million; Fiscal Year 1999-00--$17 million.
Annex A
TITLE 55. PUBLIC WELFARE
PART II. PUBLIC ASSISTANCE MANUAL
Subpart C. ELIGIBILITY REQUIREMENTS
CHAPTER 165. EMPLOYMENT AND TRAINING PROGRAM
GENERAL PROVISIONS § 165.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
EDP--Employment Development Plan--A noncontrac- tual agreement completed by the client and the employment and training worker which establishes an employment goal with specific time frames and activities to achieve the goal and describes services to be provided by the Department and the activities to be undertaken by the recipient.
ETP--Employment and Training Program--A program operated by the Department consisting of one or more work, training, education, work experience or job search activities.
Enrollment--The process used to designate that an individual is eligible to become a participant in the ETP.
Exempt--Individuals who are not required to be enrolled in the ETP.
Full-time child care--Child care of at least 5 hours per day.
Noncompliance--The willful failure or refusal without good cause to comply with this chapter.
Nonexempt volunteer--A recipient who is not exempt from ETP enrollment and volunteers to participate in an ETP activity before being required to do so.
Participant--An individual who is actively engaged in a mutually agreed upon and approved education, employment or training related activity.
Part-time child care--Child care of less than 5 hours per day.
Preexpenditure approval--Approval by a person specified by the Department prior to the recipient's incurring an expense for an item or service.
Special allowances for supportive services--Payments for items and services as determined by the Department to be necessary to enable a participant to prepare for, seek, accept or maintain education, employment or training.
SPECIAL ALLOWANCES FOR SUPPORTIVE SERVICES § 165.42. Advance payment of special allowances for supportive services.
(a) Special allowances for supportive services, including child care, shall be paid in advance of the date that payment is required by the provider, consistent with the requirements and time frames in §§ 165.45 and 168.1(b)(3) (relating to time frames for authorization of payment of special allowances for supportive services; and policy on payment of child care).
(b) The advance payment requirement applies to initial and recurring payments of special allowances for supportive services in accordance with § 165.45.
(c) This section does not apply to vendor payments for child care under § 165.46(a)(11)(ii) (relating to types of special allowances for supportive services).
§ 165.44. Verification for special allowances for supportive services.
(a) Verification needed to authorize payment.
(1) Before authorizing the initial payment, the CAO shall determine the following:
(i) Whether the supportive service requested is necessary to enable the participant to engage in an approved education or training activity or to apply for employment.
(ii) The expected charge for the service or item requested.
(iii) The date the service or item is needed by the participant.
(iv) The date that payment for the service or item is required under the provider's usual payment policy or practice.
(2) Verification of the need for special allowances for supportive services is required only when it is not readily apparent.
(3) Acceptable verification of the information needed for initial authorization consists of collateral contracts, written statements or completed Departmental forms, obtained from sources such as employers, prospective employers, school officials, training providers or providers of supportive services.
(4) The CAO shall use collateral contacts whenever necessary to ensure that payment is made in advance of the date that payment is required by the provider.
(b) Verification needed to review continued eligibility.
(1) The participant's continued eligibility for a special allowance for a supportive service is reviewed monthly, or more often if costs are likely to change, at each reapplication, whenever a change in employment or training is reported by the participant or the training provider, and whenever the EDP is revised.
(2) To review the participant's continued eligibility, the CAO shall require verification of the actual costs incurred by the participant for the supportive service and verification of the participant's attendance at an education or training activity or at employment.
(3) When verification provided to the CAO indicates a change in eligibility, payment of the special allowance to the participant shall be reduced, terminated or increased, as appropriate, upon issuance of a confirming notice to the participant, in accordance with § 133.4(c) (relating to procedures).
(c) Special requirements related to child care for GA recipients.
(1) Child care costs shall be verified through a collateral contact by the CAO with the child care provider, by a written statement signed by the provider or on a form specified by the Department.
(2) When a special allowance for child care is authorized based on a collateral contact or a written statement from the provider, verification of the charge for child care on a form specified by the Department shall be submitted to the CAO within 30 days of the first day child care costs were incurred. The CAO shall assist the client, as needed, to obtain a completed verification form from the provider.
(3) Verification of factors other than cost relating to the need for child care shall consist of collateral contacts with, or written statement from, employers, prospective employers, physicians, licensed psychologists, school officials, or training providers or copies of court orders or pay stubs. The client's statement regarding suspected child abuse is acceptable evidence. Information previously verified need not be repeated unless it is subject to change.
§ 165.46. Types of special allowances for supportive services.
(a) Child care for GA recipients.
(1) Payment for child care is made to enable the caretaker/relative or custodial parent to participate in an approved education or training activity or to apply for employment.
(2) The CAO shall promptly inform an ETP participant who is in need of child care about the following:
(i) The types and locations of child care providers reasonably accessible to the participant.
(ii) The assistance available to help the participant select an appropriate child care provider.
(iii) The assistance available on request to help the participant obtain a child care provider.
(iv) That child care payments shall be paid in advance of the date that payment is required by the provider, consistent with the requirements and time frames in § 165.45 (relating to time frames for authorization of payment of special allowances for supportive services), to ensure that the participant will have access to the child care provider of the participant's choice.
(3) Special allowances for child care are available for the following types of providers, including the following:
(i) Center-based care.
(ii) Group family day care.
(iii) Family day care.
(iv) Department of Education administered day care.
(v) Unregulated care.
(4) Child care payments may be made only to a person or business entity who allows parental access to the child while a child is in care without the need for prior notification and who provides care in accordance with applicable Federal, State and local law.
(5) The caretaker/relative shall have the right to choose from any type of child care that is available under this chapter and the right to choose any child care provider who meets the requirements of this chapter.
(6) Payments are made for care of a child who is one of the following:
(i) Twelve years of age or younger, living in the home of the parent or caretaker/relative and receiving cash assistance, or who would be eligible to receive cash assistance except for the receipt of SSI or foster care under Title IV-E of the Social Security Act (42 U.S.C.A. §§ 670--677).
(ii) Thirteen years of age or older if it has been verified by a physician or licensed psychologist that the child is not physically or mentally capable of caring for himself or it is verified that the child is under a court order requiring adult supervision, the child is living in the home of the parent or caretaker/relative and is receiving cash assistance, or who would be eligible to receive cash assistance except for the receipt of SSI or foster care under Title IV-E of the Social Security Act.
(7) Payment is made for the eligible cost of child care up to the maximum allowance established by the Department in § 168.1 (relating to policy on payment of child care) or the rate charged the general public, whichever is less, per child. Recipients receiving special allowances for child care before implementation of the maximum allowances continue to receive payment for actual reasonable costs incurred for child care. Eligible costs include charges for days on which the child does not attend due to illness, vacation, or the like. Charges for transporting the child to or from care are included if not levied as a separate charge by the provider.
(8) Payment for providing care of children will not be made to the following persons or business entities owned by:
(i) A biological or adoptive parent of the child.
(ii) A legal guardian of the child.
(iii) A stepparent of the child living in the home.
(iv) Persons receiving TANF as essential persons.
(v) Other members of the budget group of which the child is a member.
(9) Payment for child care shall be made for persons awaiting entry into, or during breaks in, approved education training or employment for one of the following:
(i) Up to 2 weeks.
(ii) Up to 30 days when it is verified that the arrangements would otherwise be lost in the interim period.
(10) Payment of child care shall be reasonably related to the hours of employment or ETP participation, including travel time.
(11) Payment for child care may be made by one of the following:
(i) Direct payment to the recipient when the provider is unregulated or is regulated but is not enrolled in the Department's child care vendor payment system.
(ii) Vendor payment to a regulated provider who has signed the Department's vendor payment agreement and who is enrolled in the Department's child care vendor payment system.
(iii) Restricted endorsement check to the recipient and provider.
(iv) The earned income deductions in §§ 183.94(3) and 183.95(2) (relating to TANF earned income deductions; and GA earned income deductions) for employed clients, except that clients earning wages in a work experience training activity may receive payment for the difference between the child care deduction and the maximum child care allowance established by the Department in § 168.1 when the cost of child care exceeds the deductions in §§ 183.94(3) and 183.95(2).
(12) Child care services are not considered as needed when an unemployed biological or adoptive parent, specified relative or legal guardian is in the home unless that person is physically or mentally incapable of providing care or is involved in education, training, job search or employment related activities, or the child is at risk due to suspected child abuse or the custodial parent is participating in a Single Point of Contact or Department or Department of Education Pregnant and Parenting Youth Program.
(13) Preexpenditure approval is required unless the child care is for a job interview and the client is unable to contact the worker prior to the scheduled interview.
(b) Care of incapacitated adults. Payments are made for the eligible costs of nonmedical care up to the maximum rates established for infant care of an incapacitated adult living in the same home if care is required to enable a recipient to participate in an approved education or training activity or to apply for employment and no other sound plan can be made for care of the incapacitated adult. Costs for care of incapacitated adults for maintaining employment are met by the earned income deductions in §§ 183.94(3) and 183.95(2) except that clients earning wages in a training activity, such as work experience, may receive payment for the difference between the deduction for care of an incapacitated adult found in §§ 183.94(3) and 183.95(2) and the actual nonmedical costs incurred.
(1) There shall be verification of the person's incapacity and the need for the care.
(2) Payment will be made for the actual cost of care.
(3) Payment for providing care will not be made to the following:
(i) The spouse of an incapacitated person.
(ii) An essential person.
(iii) Other members of the budget group of which the recipient or incapacitated adult is a member.
(4) Preexpenditure approval is required.
(c) Transportation and related expenses. Payments are made for eligible transportation costs incurred due to participation in ETP activities or for accepting employment. Transportation costs under paragraph (1) or (2) for maintaining employment are met by the earned income deductions in §§ 183.94(1) and 183.95(2). Payment is made for the least costly type of transportation which is available and practical considering the location and hours of scheduled employment or training, the client's physical condition and the need to transport children to a child care provider. Payment for transportation-related costs is not made if the activity is secondary education or an equivalent level of vocational or technical training unless the person is a pregnant female or a custodial parent.
(1) Public transportation. Payment is made for costs incurred for transportation provided by bus, subway, commuter or long distance rail, taxi, air, paratransit or other recognized modes of transportation.
(i) Payment for public transportation is the actual cost to the client up to the maximum monthly amount established by the Department in Appendix A (relating to employment and training special allowances).
(ii) Except for air or long distance rail travel, preexpenditure approval is not required. Verification of the need and the cost of transportation is required within 30 days of the date the transportation expense was incurred.
(2) Private transportation. Payment is made for costs incurred for transportation provided by privately owned vehicles, ride sharing and car or van pools.
(i) Payment for transportation by a vehicle owned by the client is the mileage rate established by the Department in Appendix A and the actual cost of parking and highway or bridge tolls up to the maximum monthly amount established by the Department in Appendix A.
(ii) For an allowance provided for the client to ride with a volunteer car and driver, the volunteer driver is paid at the mileage rate established by the Department in Appendix A, and the actual cost of the parking and highway or bridge tolls up to the maximum monthly amount established by the Department in Appendix A.
(iii) For an allowance provided for transportation by a car or van pool, the client receives a proportionate share of the cost up to the maximum monthly amount established by the Department in Appendix A. If the client's share is a flat fee, the actual fee is used up to the maximum monthly amount established by the Department in Appendix A.
(3) Motor vehicle purchase or repair. When there is no other type of practical transportation available or other available transportation is more expensive, a special allowance may be authorized toward the purchase, down payment to purchase or repair of a motor vehicle for an individual to accept a firm job offer, to prevent the loss of current employment, to attend an approved education or training activity or to transport children to day care while the client is employed or participates in an approved education or training activity.
(i) The maximum total allowance toward a motor vehicle purchase, down payment and repair is limited to a rate established by the Department in Appendix A.
(ii) Preexpenditure approval is required.
(4) Motor vehicle related expenses. The cost of a driver's license, State inspection fee, emission control inspection fee, license plates and vehicle registration fee may be authorized if they are needed for an individual to accept a firm job offer, to attend an approved education or training activity, or to transport children to day care while the client participates in an approved education or training activity.
(i) Payment is made for actual cost up to the maximum allowance established by the Department in Appendix A.
(ii) Preexpenditure approval is required.
(5) Moving/relocation costs. A special allowance may be granted if an individual is relocating to accept a verified offer of gainful, permanent employment and if the individual has not received a moving allowance for any reason within the previous 12 months.
(i) Payment is not made for moves by unlicensed moving companies except as provided for in § 175.23(b)(3) (i)(C) (relating to requirements).
(ii) The maximum allowance toward moving/relocation costs is limited to the rate established by the Department in Appendix A, in a 12-month period. The 12-month period begins with the first authorization of this allowance.
(iii) Preexpenditure approval is required.
(6) Lodging and food. A special allowance toward lodging and food may be granted if an individual has to be away from home one or more nights to apply for employment or an approved education or training activity or to attend training.
(i) Payment for lodging will be made for actual costs up to the rates established for Commonwealth employes by the Office of Administration. These rates will be available upon request at the CAO. When lodging cannot be located with a reasonable effort within these rates, the rates may be exceeded. The rate may also be exceeded if the client is required to stay in a specific hotel or motel. A complete explanation of lodging costs in excess of the rate shall be documented in the CAO record.
(ii) Payment for food will be made for each 24-hour period the individual has to be away from home in accordance with the rates established for Commonwealth employes by the Office of Administration and the Office of the Budget. These rates will be available upon request at the CAO. Overnight travel of less than 24 hours will be divided into 6-hour periods and reimbursed at the fractional day allowance rates. An allowance will not be provided for less than 3 hours. Payment will not be made for meals provided by a prospective employer or included as part of registration fees.
(iii) Preexpenditure approval is required.
(d) Other expenses related to employment and training. Special allowances may be authorized for other items related to applying for or accepting employment or for participating in approved education or training activities. Preexpenditure approval is required. The maximum allowances for these items are the rates established by the Department in Appendix A.
(1) Clothing. A special allowance may be authorized for street or business clothing and grooming items needed to make a client presentable to accept a job or to enter an approved education or training activity or specialized clothing, such as uniforms or safety shoes verified by the employer or training provider as needed for the client to work at a job or to participate in an approved education or training activity.
(2) Tools and other equipment. A special allowance may be authorized for tools and other equipment, such as goggles, helmets and wrenches which an employer or training provider specifies are necessary for employment or participation but which are not provided by the employer or training provider and are not available under Federal, State or other educational grants.
(3) Books and supplies. A special allowance may be authorized for books and supplies, such as pens, pencils, wristwatches or thermometers for a client to attend an approved education or training activity if these items are not available under Federal, State or other educational grants.
(4) Fees. A special allowance may be authorized for a fee for taking a test such as a high school equivalency test, a test that is a prerequisite for employment, or for registration or enrollment fees required for a client to enter an approved education or training course. Tuition is not construed to be a fee.
(5) Union dues and professional fees. If payment of union dues or professional fees is a condition of employment, a special allowance may be granted for the initial fee and for the period up to the date of the client's first pay.
FAIR HEARING § 165.81. Fair hearing.
Every person has a right to appeal a Departmental action or failure to act regarding these employment requirements and to have a hearing in accordance with Chapter 275 (relating to appeal and fair hearing and administrative disqualification hearings), if the individual is dissatisfied with a decision refusing or discontinuing assistance in whole or in part with the following exceptions:
(1) The requirement for notice does not apply to a change in the method of payment of a special allowance for supportive services unless the change results in a discontinuance, suspension, reduction or termination of the allowance or would force a change in child care or adult care arrangements.
(2) Section 275.4(a)(3)(v)(C)(I) (relating to procedures) regarding continued benefits pending a hearing decision does apply to a reduction or discontinuance of a special allowance for supportive services.
CHAPTER 168. CHILD CARE
GENERAL PROVISIONS § 168.1. Policy on payment of child care.
(a) To the extent funds are available, payment for child care will be made to enable the parent/caretaker to participate in work-related activities. To qualify for a child care payment the individual must be eligible to receive cash assistance, including persons who do not receive a cash payment due to the minimum monthly check requirement or due to a month of zero cash payment. Child care payments are considered a reimbursement for past or future child care expenses for food stamp eligibility purposes.
(b) The CAO will promptly inform a recipient who is in need of child care about the following:
(1) The types and locations of child care providers.
(2) The services available from the Local Management Agency (LMA), also known as the Child-Care Information Services (CCIS) Agency, for help in finding and selecting a child care provider.
(3) Child care payments will be paid in advance of the date that payment is required by the provider, consistent with the requirements and time frames in § 165.42 (relating to advance payment of special allowances for supportive services), to ensure that the participant will have access to the child care provider of the participant's choice. The advance payment requirement does not apply to vendor payments for child care. Advance payments are considered a reimbursement of future child care expenses for food stamp eligibility purposes.
(i) The Department will make an exception to the provisions which limit advance payment to instances in which the provider requires it, and which restrict advance payment for providers enrolled in the child care vendor payment system for a TANF budget group determined prospectively ineligible as a result of starting new employment under § 168.71(1)(ii) (relating to monthly payment determination).
(ii) The CAO will make an advance payment from the first day of employment until the date of TANF discontinuance if the information is verified through a collateral contact consistent with § 168.41(4) (relating to verification requirements).
(c) At application, reapplication and whenever the agreement of mutual responsibility is developed or revised, the CAO will inform applicants and recipients in writing and orally of the availability of child care allowances.
(d) Determination of eligibility and notification of approval or denial of child care payments will be done in accordance with § 165.43 (relating to special allowances for supportive services and time frames for eligibility determinations).
(e) Authorization of payment for child care will be done based on time frames consistent with § 165.45 (relating to time frames for authorization of special allowances for supportive services).
(f) The CAO will discuss the maximum child care allowances and the co-payment sliding fee scale in Chapter 3040, Appendix B (relating to family co-payment scale), whenever the Agreement of Mutual Responsibility (AMR) is developed or revised and reflects a need for child care. The CAO will advise clients that copies of the maximum child care allowances and the co-payment sliding fee scale are available upon request at the CAO.
(g) The CAO will refer the client to the LMA/CCIS whenever help is needed in finding and selecting a child care provider.
§ 168.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Budget group--A group of persons receiving TANF. A child receiving SSI benefits and for whom child care payments are requested is included in the budget group.
CCIS--Child Care Information Services Agency--A public or private agency with which the Department has a contract to manage the subsidized child care program in part of a county, a county or several counties. The subsidized child care program is for families not receiving TANF. This agency is also known as an LMA.
Child care vendor file--A listing of regulated child care providers who have signed the required agreement to receive a vendor payment from the Department.
Co-Payment--The monthly amount the family pays for child care that is subsidized.
Co-payment sliding fee scale--A scale based on family sizes and income from which a determination of the child care co-payment is made as set forth in Chapter 3040, Appendix B.
Full-time care--Child care of at least 5 hours per day.
Full-time employment--Employment which averages at least 30 hours per week in a calendar month.
LMA--Local Management Agency--A public or private agency with which the Department has a contract to manage the subsidized child care program for families who are not receiving TANF. This agency may be known as a CCIS agency of part of a county, a county or several counties.
Maximum child care allowance--The ceiling set by the Department for payment of child care services to budget groups eligible for child care payment.
Nontraditional hours--Hours of child care which include evening, night, early morning, holiday or weekend hours.
Parental access--Access by the parent to the child at any time while the child is in care without the need for prior notification.
Part-time care--Child care of less than 5 hours per day.
Pre-expenditure approval--Approval by a person specified by the Department prior to the recipient's incurring an expense for child care.
Regulated care--Child care given by a person or entity which is licensed by or registered with the Department or approved by the Department of Education.
Relative/neighbor care--Care given by a person who is exempt from certification or registration under Chapters 3270, 3280 and 3290 (relating to child day care centers; group child day care homes; and family child day care homes) and cares for three or fewer children unrelated to the caregiver.
Restricted endorsement--A check made payable to two parties which requires the signature endorsement of both parties to cash the check.
Satisfactory arrangement--The plan made by the budget group to pay overdue fees which are acceptable to the child care provider.
Specified relative--The term as defined in Chapter 151 (relating to specified relatives).
Sleep-time--Hours of care following third shift employment when the parent/caretaker has an eligible child in the home and needs care for the child in order to sleep.
TANF--Temporary Assistance for Needy Families Program--A Federal nonentitlement program under sections 401--419 of the Social Security Act (42 U.S.C.A. §§ 601--619) which provides cash assistance to families that include dependent children and an adult who is working toward self-sufficiency. Eligibility for TANF is determined by the local CAO.
Vendor payment--A child care payment made by the Department directly to a regulated child care provider who has signed the Child Care Vendor Program Enrollment Request Agreement and is enrolled in the child care vendor payment system.
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