[29 Pa.B. 271]
[Continued from previous Web Page]
ELIGIBILITY REQUIREMENTS § 168.11. General requirements.
(a) Special allowances for child care are available for the following types of child care:
(1) Center-based day care.
(2) Group home day care.
(3) Family day care.
(4) Relative/neighbor care.
(5) In-home care.
(b) The parent/caretaker 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.
(c) Preexpenditure approval is required unless the child care is for a job interview and the client documents that he was unable to contact the worker prior to the scheduled interview.
§ 168.12. (Reserved).
§ 168.13. (Reserved).
§ 168.14. (Reserved).
§ 168.15. (Reserved).
§ 168.16. (Reserved).
§ 168.17. Eligible children.
To be eligible for a child care payment, the budget group shall include a child who meets the following criteria. The child meets the following conditions:
(1) Is a TANF dependent child under Chapter 153 (relating to deprivation of support or care) and § 145.43(a)(1) (relating to requirements) would qualify as a TANF dependent child under Chapter 153 and § 145.43(a)(1) except for receipt of SSI or foster care benefits.
(2) Meets one of the following conditions:
(i) Is under 13 years of age.
(ii) Is 13 years of age or older and meets one of the following conditions:
(A) Is under 19 years of age and not physically capable of caring for himself as verified by a physician
(B) Is under 19 years of age with a developmental age of less than 13 years of age as verified by a physician or licensed psychologist.
(3) Is age appropriately immunized. If the child does not have age-appropriate immunizations, the parent/caretaker has 90 days to obtain and document immunizations for the child unless one of the following applies:
(i) The parent/caretaker objects to immunizations on religious grounds.
(ii) The child's medical condition contraindicates immunizations as verified by a physician.
§ 168.18. Need for child care.
(a) Child care must be needed to enable a member of the budget group to participate in a work-related activity.
(b) Child care services will not be considered as needed when an unemployed parent/caretaker of the child is in the home, unless one of the following applies:
(1) The parent/caretaker is physically or mentally incapable of providing child care, as verified by a physician or licensed psychologist.
(2) The parent/caretaker is involved in work-related activities, or the custodial parent is participating in a Department of Education Pregnant and Parenting Youth Program.
(3) The child is at risk because of suspected child abuse.
(c) Child care will be considered as needed for entry into or during breaks in approved work-related activities for one of the following:
(1) Up to 2 weeks.
(2) Up to 30 days when it is verified that the child care arrangements would otherwise be lost in the interim.
(d) Child care will not be considered as needed when the biological or adoptive parent, specified relative or legal guardian of the child is the owner/operator of a child care business where care is available for the child.
§ 168.19. Child care arrangements.
Payment for child care will be made when the child care arrangements are as follows:
(1) The person or entity providing child care meets the following conditions:
(i) Provides care in accordance with applicable standards of Federal, State and local law.
(ii) Allows parental access to the child while the child is in care without the need for prior notification.
(iii) Is a person who is at least 18 years of age.
(2) The person or entity providing child care may not be one of the following:
(i) The biological or adoptive parent or legal guardian of the child.
(ii) A member of the TANF budget group.
(iii) The stepparent of the child living in the home.
§ 168.20. Child care co-payment.
The employed budget group shall pay the required co-payment toward the cost of child care.
§ 168.21. Ineligibility for failure to pay co-payment.
Ineligibility for child care payment results when the budget group is employed and fails to pay the required co-payment toward the cost of child care. The budget group is ineligible until overdue co-payments are paid or satisfactory arrangements to pay overdue co-payments are made with the provider.
VERIFICATION § 168.41. Verification requirements.
The applicant or recipient is required, as a condition of eligibility, to cooperate in providing necessary information and verification to establish eligibility.
(1) Before authorizing the initial child care payment, the CAO will determine the following:
(i) Whether the child care is necessary to participate in a work-related activity.
(ii) The expected charge.
(iii) The date the service is needed by the participant.
(iv) The date that payment for the service is required under the provider's usual payment policy or practice.
(2) When the parent/caretaker provides verification to the CAO that indicates a change in eligibility, payment will be reduced, terminated or increased, as appropriate, upon issuance of appropriate notice to the parent/caretaker, in accordance with §§ 133.4 and 168.101 (relating to procedures; and appeal and fair hearing).
(3) Child care costs shall be verified monthly by the parent/caretaker on a form specified by the Department or by a written statement signed by the provider or by a collateral contact by the CAO with the child care provider.
(4) A collateral contact will be used whenever necessary to ensure that payment is made in advance of the date that payment is required by the child care provider consistent with § 168.1(b)(3) (relating to policy on payment of child care). When a child care allowance is authorized based on a collateral contact with or by 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 will assist the client, as needed, to obtain a completed verification form from the provider. Failure to provide verification within the specified time period could result in nonauthorization of the child care payment.
(5) Verification of factors other than cost relating to the need for child care shall consist of collateral contacts with, or written statements from, employers, prospective employers, physicians, licensed psychologists, school officials, training providers; or pay stubs. Information previously verified need not be reverified unless it is subject to change.
§ 168.42. (Reserved).
§ 168.43. Verification of the disability of a child.
A written statement from a physician or licensed psychologist which confirms that the child has a physical or mental handicap which prevents the child from caring for himself is required.
§ 168.44. Verification of the disability of a parent/caretaker.
A written statement from a physician or licensed psychologist which confirms that the biological or adoptive parent, specified relative or legal guardian has a physical or mental handicap which prevents the person from providing child care is required.
§ 168.45. Verification of suspected child abuse.
The statement of the parent/caretaker, caseworker or other professional is acceptable evidence to verify suspected child abuse. Suspected child abuse will be reported in accordance with 23 Pa.C.S. Chapter 63 (relating to the Child Protective Services Law) as defined in Chapter 3490 (relating to child protective services--child abuse).
§ 168.46. (Reserved).
§ 168.47. (Reserved).
§ 168.49. Verification of payment of co-payment for the employed budget group.
A signed, written statement from the child care provider on a Department form which confirms that the child care co-payment has been paid for a specified month is required. If co-payments are owed, a signed, written statement by the child care provider that the overdue co-payments have been paid or that satisfactory arrangements for payment have been made is acceptable.
§ 168.50. (Reserved).
§ 168.51. Verification of age-appropriate immunizations.
The parent/caretaker shall provide a signed, written statement on a form specified by the Department to verify that the child has received age-appropriate immunizations, or that the parent/caretaker objects to immunizations on the basis of religious grounds, or documentation from a physician to verify that the child's medical condition contraindicates immunizations.
REPORTING REQUIREMENTS § 168.61. Reporting requirements.
The budget group shall report child care arrangements and child care costs monthly consistent with Chapter 142 (relating to monthly reporting) and § 125.24(d) (relating to responsibility for reporting changes). Documentation will be retained in the case record to support the determination of the payment, including child care costs. These documents are retained in accordance with cash assistance case record retention policies.
PAYMENT DETERMINATION § 168.71. Monthly payment determination.
The amount of the child care payment is determined for each month.
(1) The allowable child care payment is the lowest of the actual child care costs, the rate charged the general public or the maximum allowance established by the Department.
(i) For participants in unpaid work-related activities, payment is made for the actual costs of child care up to the maximum allowance established by the Department or the rate charged the general public, whichever is less.
(ii) For participants in paid work-related activities, payment is made for the actual costs of child care up to the maximum allowance established by the Department or the rate charged the general public, whichever is less, minus the family co-payment as determined in § 168.74 (relating to determining monthly child-care co-payments).
(A) A TANF budget group determined prospectively ineligible as a result of starting employment will have the co-payment waived from the first day of employment until the date of discontinuance in accordance with § 183.105 (relating to increases in income), if the budget group has reported timely in accordance with § 125.24(d) (relating to responsibility for reporting changes).
(B) A TANF budget group determined prospectively eligible as a result of starting employment will have the co-payment waived from the first day of employment until the last day of the calendar month in which the first pay is received, provided the budget group has reported timely in accordance with § 125.24(d).
(2) When the month of eligibility is not a full calendar month, the child care payment is prorated for the number of calendar days for which the budget group is eligible.
(3) Corrective or delayed payments are issued consistent with the requirements in Chapters 175 and 227 (relating to allowances and benefits; and central office disbursement).
§ 168.72. Determining monthly child care costs.
The actual child care costs reported and verified as paid or incurred in the month are considered. Actual child care costs include the following:
(1) A charge for child care reasonably related to the hours of the work-related activity, including travel time and sleep-time for third shift employment.
(2) A charge levied for days on which the child was not in attendance due to illness, vacation, and the like.
(3) A charge for transporting the child to or from care if the charge is included as part of the normal child care charge and not levied as a separate charge.
§ 168.73. (Reserved).
§ 168.74. Determining monthly child care co-payment.
The co-payment is determined for a month, based upon gross monthly income and budget group size, using the co-payment sliding fee scale in Chapter 3040, Appendix B. Gross monthly income is determined based on anticipated or actual amounts as determined in accordance with Chapter 183 (relating to income).
(1) The co-payment is waived for the calendar month in which the first pay is received or until the date of discontinuance due to a prospective determination of ineligibility, in accordance with § 168.71 (relating to monthly payment determination). The co-payment is prospectively determined using anticipated income for the next months excluding the TANF grant as countable income. Thereafter, the co-payment is determined using actual income as reported on the monthly reporting form in accordance with Chapter 142 (relating to monthly reporting). The actual income reported on the monthly reporting form for the prior month is used to establish the co-payment for the following month.
(2) If retroactive benefits are requested, the co-payment for each retroactive month will be determined using the actual income received in each month.
§ 168.75. (Reserved).
§ 168.76. (Reserved).
CHILD CARE PAYMENT METHODS § 168.81. Payment methods.
The Department will make a child care payment for child care expenses paid or incurred in a month as one of the following:
(1) A direct check to the client when the child care provider is not enrolled in the Department's child care vendor payment system.
(2) A vendor payment to the child care provider when the provider is regulated and enrolled in the Department's child care vendor payment system except when it is verified that the client has paid the enrolled provider directly. Payment will then be issued directly to the client.
(3) A restricted endorsement check made payable to the client and the child care provider when it has been demonstrated that the client failed to use a prior child care payment for its intended purpose.
RESTITUTION § 168.91. Restitution.
The cash assistance provisions of Chapter 255 (relating to restitution) apply to a recipient of a child care payment except that the provision for recoupment of an overpayment does not apply.
APPEAL AND FAIR HEARING § 168.101. Appeal and fair hearing.
The cash assistance provisions of Chapter 275 (relating to appeal and fair hearing and administrative disqualification hearings) apply to an applicant or recipient of a child care payment with one exception; the requirement for an advance notice of adverse action will not apply to a change in the method of payment, unless the change would result in a discontinuance, suspension, reduction or termination of benefits or would force a change in child care arrangements. If the parent/caretaker files an appeal within 10 days of the notice of adverse action, subsidy continues at the prior level until a final decision is made by the Bureau of Hearings and Appeals except when the adverse action is based solely on Federal or State law, regulations or policy or changes in Federal or State law, regulations or policy, or the Department lacks funding to continue subsidy.
Subpart D. DETERMINATION OF NEED AND AMOUNT OF ASSISTANCE
CHAPTER 183. INCOME
INCOME DEDUCTIONS § 183.94. TANF earned income deductions.
For expenses related to employment of each individual in the TANF budget group, subject to the limitations in § 183.97 (relating to ineligibility for disregards from earned income for TANF and GA), disregard in the following order:
(1) Work expenses. The first $90 per month from the earned income of each client who is employed.
(2) Earned income incentive deduction. As an incentive to eligible AFDC clients to obtain and retain employment, earned income incentive deductions, subject to the limitations in § 183.96 (relating to interruptions in the 4 consecutive months of the earned income incentive deduction for AFDC and GA) and § 183.97, are made as follows:
(i) After the deduction allowed in paragraph (1) has been made, each employed client is eligible for a deduction of $30 plus 1/3 of the remaining net earned income during 4 consecutive calendar months of employment.
(ii) After the deduction allowed in paragraph (1) has been made, each employed client is eligible for a deduction of $30 during the next 8 consecutive months of employment. An applicant or recipient is entitled to the $30 income incentive deduction during any calendar month of this 8-month period for which the income of the applicant or recipient is sufficient to qualify. The 8 months of eligibility are counted consecutively, beginning with the calendar month following the end of the 4 consecutive calendar months in which the $30 and 1/3 income incentive deduction was allowed, whether or not assistance is interrupted or income is sufficient to qualify for it.
(iii) An applicant who has been a recipient of AFDC in 1 of the 4 calendar months prior to this application is eligible to receive the full $30 and 1/3 income incentive deduction for 4 consecutive calendar months subject to the limitations in subparagraph (v).
(iv) An applicant who has not been an AFDC recipient in 1 of the 4 calendar months prior to this application is eligible to receive the full $30 and 1/3 income incentive deduction for 4 consecutive calendar months only if the applicant's income, after deductions in paragraphs (1) and (3) and § 183.98 (relating to unearned income and lump sum income deductions) is less than the standard of need for the budget group, and subject to the limitations in subparagraph (v).
(v) An applicant or recipient who has received the $30 and 1/3 income incentive deduction for 4 consecutive calendar months is not eligible to receive the deduction again until 12 consecutive calendar months have elapsed in which he has not been a recipient of an AFDC cash grant. When assistance is terminated during the 8 consecutive calendar month period of the $30 income incentive deduction, the 12 consecutive months begin in the first month following the month of termination.
(3) Personal expenses. The actual cost of care of incapacitated adults living in the same home and receiving TANF, if no other sound plan can be made for their care, up to a maximum of:
(i) One hundred seventy-five dollars per incapacitated adult when the client is employed full-time.
(ii) One hundred fifty dollars per month per incapacitated adult when the client is employed part-time.
PART V. CHILDREN, YOUTH AND FAMILIES MANUAL
Subpart B. ELIGIBILITY FOR SERVICES
CHAPTER 3040. SUBSIDIZED CHILD DAY CARE ELIGIBILITY
INTRODUCTION § 3040.1. Purpose.
This chapter establishes the requirements for an eligible family to receive subsidy to meet the cost of child care. The subsidy is a nonentitlement benefit made available through limited Federal and State funds.
§ 3040.2. (Reserved).
§ 3040.3. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Adjusted monthly income--Weekly family income multiplied by 4.3 to reflect months that are longer than 4 weeks, minus allowable deductions in Appendix A, Part II (relating to income deductions).
Annual income--The family's adjusted monthly income multiplied by 12 months.
Appeal--A written request by a parent/caretaker or a person acting on behalf of the parent/caretaker indicating disagreement with a Departmental decision affecting the family's eligibility for subsidized child care and requesting a hearing under Chapter 275 (relating to appeal and fair hearing and administrative disqualification hearings) and this chapter.
Application--A parent's/caretaker's signed, dated request for subsidized child care completed on a Departmentally prescribed form.
CAO--County Assistance Office--The local office of the Department responsible for the determination of eligibility and service delivery in the Cash, Food Stamp and Medical Assistance Programs.
Caretaker--An adult who has legal custody and who lives in the family's common dwelling and who has responsibility for the child for whom subsidy is requested or a specified relative as defined in § 151.42 (relating to definitions).
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.
Co-payment--The weekly amount the family pays for child care that is subsidized.
Disqualification--The prohibition against receipt of subsidized child care which results from fraud, an intentional program violation or consent to be disqualified.
Department--The Department of Public Welfare of the Commonwealth.
Education--An elementary school, middle school or high school program including a general equivalency diploma (GED) program.
Eligibility agent--The entity, prime contractor or subcontractor designated in the prime contract, with authority delegated by the Department to purchase subsidized child care and determine a family's eligibility and co-payment. The eligibility agent may be known as the LMA or the CCIS.
Eligibility determination--A decision regarding whether a family meets the requirements of the subsidized child care program.
Eligibility redetermination--A review by the eligibility agent of all eligibility factors which are subject to change, to determine if a family remains eligible for the subsidized child care program.
Employment--The condition of working for another person or an entity for income equal to or greater than the Federal or State minimum hourly wage standards, whichever applicable wage is higher.
FPIG--Federal Poverty Income Guidelines--The income levels published annually in the Federal Register by the Department of Health and Human Services.
Fiscal year--A period of time beginning July 1 of any calendar year and ending June 30 of the following calendar year.
Fraud--A willful false statement, misrepresentation or failure to disclose information by a parent/caretaker which results in obtaining or continuing receipt of child care subsidy for which the family is not eligible.
Income--Includes:
(i) Gross wages from employment.
(ii) Cash or in-kind payments received by an individual in exchange for services, including income from self-employment.
(iii) Cash or contributions received by an individual for which he does not provide a service.
(iv) Unearned benefits received periodically by an individual, for example, unemployment compensation, worker's compensation or retirement benefits.
Intentional program violation--An action by a parent/caretaker applying for or receiving subsidized child care for the purpose of establishing or maintaining his family's or his children's eligibility for the subsidized child care program or for the purpose of increasing or preventing a reduction in the amount of the child care subsidy, which involves one of the following:
(i) An intentionally made false or misleading statement or misrepresentation or concealment or withholding of a fact.
(ii) An act intended to mislead, misrepresent, conceal or withhold a fact.
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 of a county, part of a county or several counties.
Live-in companion--An individual who resides with the parent/caretaker and a child for whom subsidy is requested, and who is the life companion or unmarried partner of the parent/caretaker.
Maximum child care allowance--The payment ceilings set by the Department for child care services provided to families eligible for child care subsidy.
Overpayment--The receipt of subsidy for a child for which the family is not eligible.
Parent--A biological, adoptive, step or foster mother or father, who lives in the family's common dwelling and is responsible for the child for whom the subsidy is requested.
Partial redetermination--A face-to-face or telephone review of eligibility that does not include a review of all eligibility factors.
Prospective employment or prospective education-- Employment or education verified by the employer or school official to begin within 30-calendar days of the day that the parent/caretaker signs and dates the application for subsidized child care. The term does not include job-seeking except as specified by this chapter.
Provider--An organization or individual who directly delivers the child care.
Recoupment--Recovery of an overpayment by increasing the co-payment or other payment arrangement.
Reimbursement rate--The provider's verified published daily rate or the maximum child care allowance, whichever is less.
Self-employment--Operating one's own business, trade or profession for profit equal to or greater than the hourly Federal or State minimum wage, whichever is higher.
Subsidized child care--Child care service paid for in part with State or Federal funds.
Suspended subsidy--A temporary lapse of subsidized funding for a child which does not affect the family's eligibility status.
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.
Training program--An instructional program which enables the employed adult family member to attain skills which qualify him for a specific job.
Waiting list--A list maintained by the eligibility agent of the names of families and their children determined eligible to receive subsidized child care, but for whom subsidy is not currently available.
§ 3040.4. Subsidy goal.
The goal of subsidized child care is to enable a parent/caretaker of a family eligible for subsidy under this chapter to maintain employment or to attend an education program.
GENERAL REQUIREMENTS § 3040.11. Provision of subsidy.
(a) A parent/caretaker has the right to apply for subsidized child care.
(b) Subsidized child care is provided only for a child whose family is determined eligible by the eligibility agent and only up to the limits of available subsidized child care funds.
(c) The Department has the responsibility to assure that subsidized child care is authorized to fund only a child of an eligible family.
(d) Subsidized child care is available only to provide care for a child if no adult family member is available to care for the child during the hours of the day for which the parent/caretaker requests subsidized child care.
(e) Subsidized child care is available to an otherwise eligible child from birth to the date the child is 13 years of age, with the following limited exceptions for a child with a disability:
(1) A child who is developmentally disabled and is 13 years of age or older is eligible for subsidy until his developmental age is 13 years or until his chronological age is 19 years, whichever occurs first, if the developmental disability is documented by a licensed psychologist or a physician.
(2) A child who is physically disabled and is 13 years of age is eligible for subsidy until he is no longer physically disabled or until he is 19 years of age, whichever occurs first.
(f) Subsidized child care is available only to a child who has received age-appropriate immunizations in accordance with § 3040.34(a)(7) (relating to nonfinancial eligibility) with one of the following exceptions:
(1) A child whose parent/caretaker objects to immunizations on religious grounds.
(2) A child whose medical condition contraindicates immunization as documented by a licensed physician.
(g) A family shall meet both financial and nonfinancial criteria to be eligible for subsidized child care.
(h) A family in which a parent/caretaker is receiving TANF is not eligible for subsidized child care under this chapter.
(i) Subsidized child care may not be used as a substitute for a publicly funded educational program, such as kindergarten, or a specialized treatment program.
(j) Subsidized child care may be provided in certified child day care centers and group child day care homes, registered family child day care homes and those 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).
(k) Child care is care provided in lieu of parent/caretaker care for part of the 24-hour day.
§ 3040.12. Notice of nondiscrimination; civil rights compliance.
(a) An eligibility agent may not discriminate against applicants for or recipients of Federal or State subsidized funds on the basis of age, race, sex, color, religious creed, National or ethnic origin, ancestry, sexual preference or handicap.
(b) An eligibility agent shall offer child care subsidy within the provisions of applicable civil rights laws and regulations, and amendments or revisions made thereto, including the following:
(1) The Pennsylvania Human Relations Act (43 P. S. §§ 951--963).
(2) The Age Discrimination Act of 1975 (42 U.S.C.A. §§ 6101--6107).
(3) Title VI of the Civil Rights Act of 1964 (42 U.S.C.A. §§ 2000d--2000d-4a).
(4) Title VII of the Civil Rights Act of 1964 (42 U.S.C.A. §§ 2000e--2000e-15).
(5) Section 504 of the Rehabilitation Act of 1973 (29 U.S.C.A. § 794).
(6) The Americans With Disabilities Act of 1990 (42 U.S.C.A. §§ 12101--12213).
§ 3040.13. (Reserved).
§ 3040.14. Family file.
An eligibility agent shall establish and maintain a separate file for the family of each parent/caretaker who applies for subsidized child care.
(1) The family file shall contain documents pertaining to eligibility determination, redetermination, subsidy authorization, co-payment agreements and written notices required by this chapter.
(2) A parent/caretaker has a right to examine his own family file.
§ 3040.15. Record retention and disposition.
An eligibility agent shall retain family files, completed application forms and written notices, and books, records and other fiscal and administrative documents pertaining to subsidized child care. Records shall be retained as follows:
(1) For 4 years from the end of the fiscal year in which child care subsidy has been provided.
(2) Until the completion of an audit which is in progress and which remains incomplete at the end of the 4-year period specified in paragraph (1).
§ 3040.16. Confidentiality.
(a) The Department safeguards the use and disclosure of information on applicants for and recipients of subsidized child care. Eligibility agents and their employes shall keep confidential the information in the family file and use that information only for purposes directly connected to the administration of their duties. Agents of the United States, the Commonwealth and the Department who are responsible for eligibility review, evaluation or audit functions will have access to, and the right to the use and disclosure of, information on applicants or recipients of subsidized child care. This use and disclosure is confined to the agent's responsibility to carry out review, evaluation or audit functions. Disclosure of information beyond the scope of review, evaluation or audit functions performed by the agents requires the parent's/caretaker's informed and written consent.
(b) Information in the family file may be disclosed to the local CAO to ensure that funds are authorized appropriately.
(c) Information in the family file related to establishing paternity and obtaining a child support order may be disclosed to the Department or the domestic relations section to ensure child support enforcement services are secured unless the family has good cause for not seeking support or establishing paternity in accordance with § 3040.34(b)(7) (relating to nonfinancial eligibility).
(d) The eligibility agent shall assure the confidentiality of an individual who files a complaint about a family's receipt of subsidy for a child.
§ 3040.17. Additional conditions and additional charges.
(a) Additional eligibility conditions are prohibited unless specifically authorized in this section. The eligibility agent may not:
(1) Impose eligibility conditions other than conditions listed in this chapter.
(2) Require the parent/caretaker to select a particular provider or combination of providers as a condition of eligibility.
(b) A family is not eligible to receive subsidy for any additional charge assessed by a provider. The provider may assess additional charges to a subsidy eligible family for services provided in excess of the provider's reimbursement rate, if the same additional charges are assessed to nonsubsidy-eligible families, and the subsidy-eligible family is informed of the additional charges prior to implementation of the additional charges.
(c) If an eligible parent/caretaker chooses a provider whose verified published daily rate exceeds the Department's maximum child care allowance, the provider may assess a fee for an amount that represents the difference between the Department's maximum child care allowance and the provider's verified published daily rate for the type of care being requested.
(d) If a child's absences exceed 30 total enrollment days in any fiscal year, the parent/caretaker is responsible to pay the provider's verified published daily rate for each day of absence starting with the 31st absent day. Suspended days of service as described in § 3040.52(d) (relating to eligibility agent responsibilities) are not considered days of absence.
§ 3040.18. (Reserved).
§ 3040.19. Subsidy disruption.
(a) If a child's care at a provider is disrupted due to the provider's loss of the Department's certification or any other reason which prevents the child's continued care, the child is eligible for subsidy at another provider.
(b) If a child loses care as a result of circumstances referenced in subsection (a), and if funding for subsidized child care is not immediately available for another provider, the child's subsidy is suspended until another provider has been selected and subsidy is available.
(c) If the eligibility agent cannot continue to subsidize the number of children enrolled in subsidized child care due to a shortfall in State or Federal funding or management of funding by the eligibility agent, subsidy to a child is disrupted. Children whose families have the highest income are suspended first.
(d) A child whose subsidy is disrupted under this section will be placed on the waiting list according to the date of the initial eligibility for subsidized child care program.
§ 3040.20. Benefits and limitations.
(a) A subsidy-eligible child may receive the following benefits:
(1) Up to 50 hours of child care in a 7-day period.
(2) Care during the hours that the adult family members are employed or need uninterrupted sleep time when the work shift ends between the hours of 2 a.m. and 9 a.m.
(3) Care from provider who is eligible to participate in the subsidized child care program, and who agrees to comply with the Department's standards for provider participation as listed in the contract between the Department and the eligibility agent.
(4) Up to an additional 12 hours of subsidized child care per week, beyond the parent's/caretaker's hours of employment, for the hours that the parent/caretaker participates in a training program in accordance with § 3040.40 (relating to child care subsidy available to attend training).
(5) Payment to the provider for up to a maximum of 15 days of care in a fiscal year for provider closures.
(6) Payment to the provider for up to a maximum of 30 days of care in a fiscal year for absence from the provider.
(b) A child is not eligible to receive subsidy if the child's parent/caretaker is the operator of a registered family day care home, a certified group day care home or day care center (See Chapter 3270, 3280 or 3290 (relating to child day care centers; group child day care homes; and family child day care homes)) or is the operator of a home which is exempt from certification or registration under Chapters 3270, 3280 and 3290 and space is available to enroll the child at the facility operated by the parent/caretaker.
(c) A parent/caretaker who formerly received TANF may be reimbursed for child care cost incurred prior to the date of the initial application up to the first day of the month preceding the initial application.
§ 3040.27. Grandfathering provisions.
A child who is enrolled in the subsidized child care program prior to February 1, 1999, continues to receive subsidized child care until February 1, 2000, without regard to the eligibility conditions in this chapter if all other eligibility conditions are met:
(1) The family income exceeds 185% and is not greater than 235% of the FPIG. If the family income during this period exceeds 235% of FPIG, the child is ineligible for subsidy. The parent/caretaker of a child grandfathered under this section is required to pay the co-payment established for a family of its size at 185% of FPIG.
(2) The family eligibility is established based on the parent's/caretaker's participation in an approved training program and annual family income does not exceed 235% of the FPIG. If the training program is completed prior to February 1, 2000, and, if at that time the parent/caretaker does not meet the employment requirements, the family is ineligible for subsidy.
§ 3040.28. Composition of a family.
For the purpose of determining eligibility for child care subsidy, the following apply:
(1) A family includes the following individuals who live together:
(i) The child for whom subsidized child care is requested; the child's parent/caretaker; the parent's/caretaker's spouse or live-in companion; biological, step or adoptive minor siblings of the child who are under 18 years of age, are not emancipated by marriage or by the court, or 18 years of age or older but under 22 years of age who is enrolled in a postsecondary program leading to a degree or diploma and who are wholly or partially dependent upon the income of the parent/caretaker and spouse or live-in companion of the parent/caretaker; and biological, step or adoptive minor children of the parent/caretaker or live-in companion, or both.
(ii) The child for whom subsidized child care is requested, the child's parent who is a minor; the siblings or other parent of the child; the child's grandparent; the grandparent's spouse or live-in companion and other minor children of the grandparent or live-in companion.
(2) A foster child may be counted as either a separate family or as part of the foster family.
(3) A family whose parent/caretaker transfers from TANF is exempt from including the parent's/caretaker's live-in companion in the family for 6 months starting the day after the date TANF benefits end.
(4) An individual may not be included in more than one family unless the individual is a child who is in a shared custody arrangement and both families are seeking subsidized child care.
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