RULES AND REGULATIONS
Title 55--PUBLIC WELFARE
DEPARTMENT OF PUBLIC WELFARE
[55 PA. CODE CH. 3040]
Subsidized Child Day Care Eligibility; Head Start Expansion
[34 Pa.B. 1575] Statutory Authority
The Department of Public Welfare (Department) adopts this final-omitted rulemaking to read set forth in Annex A under the authority of 62 P. S. §§ 201--211, 401--493 and 701--703 and section 1505-D of the act of December 23, 2003 (P. L. 304, No. 48) (Act 48) (24 P. S. § 15-1505-D).
Notice of proposed rulemaking is omitted in accordance with section 204(1) and (3) of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § 1204(1) and (3)), known as the Commonwealth Documents Law, and 1 Pa. Code § 7.4(1) and (3). This final-omitted rulemaking relates to Commonwealth grants and benefits. In addition, the Department has determined that notice of proposed rulemaking is impracticable and unnecessary under Act 48, which specifies that the Department must promulgate a final-omitted rulemaking within 90 days of the effective date of Act 48.
Purpose of Final-Omitted Rulemaking
The purpose of the final-omitted rulemaking is to assure eligibility for child care subsidy for children enrolled in Head Start whose parents/caretakers need extended hours and days of Head Start service to work.
Need for Final-Omitted Rulemaking
The final-omitted rulemaking is needed to implement the requirements of section 1501-D of Act 48 (24 P. S. § 15-1501-D), which requires the Department to promulgate a final-omitted rulemaking within 90 days of the effective date of Act 48. Act 48 took effect December 23, 2003. Thus, a final-omitted rulemaking must be promulgated by March 22, 2004. This final-omitted rulemaking amends regulations for subsidized child day care in Chapter 3040 (relating to subsidized child day care eligibility) by adding provisions for Head Start expansion.
Requirements
Section 3040.29 (relating to Head Start expansion) sets forth eligibility requirements for subsidized child day care for a family enrolled in the Head Start expansion program. Child care service must be provided in a certified or registered child care facility that complies with § 3040.20(a)(3) (relating to benefits and limitations) and has a collaborative agreement with a Head Start program or by a Head Start program. The section also requires that:
* The parent/caretaker must apply for the Head Start expansion program at the local child care information services agency.
* The family must meet the regulatory description of family composition.
* At the time of application, each parent/caretaker must verify a minimum of 25 hours of work per week.
* Each parent/caretaker must verify that the service is needed to work.
* The parent/caretaker must provide verification from the Head Start program that the Head Start expansion program meets Federal Head Start standards.
* A family is subject to waiting list requirements.
* A family fee will be assessed at the minimum copayment for a family of one.
* The family fee must be paid timely.
* Subsidy for the child may be suspended during summer school breaks.
A child enrolled in a Head Start expansion program may be placed in suspended subsidy for not more than 90 days when the child's parent/caretaker does not need child care during a summer school break and the parent/caretaker anticipates that the child will return to the Head Start program in the fall. This provision assures access and continuity of care for the child and family. When a child needs care during the summer school break and the child's Head Start expansion program is closed, the parent/caretaker may apply for subsidized child care under other sections of Chapter 3040.
Section 1501-D of Act 48 provides that the Department is required to promulgate regulations necessary to assure eligibility for child care subsidy for children enrolled in Head Start whose parents need extended hours of Head Start services to work. To make the benefits of Head Start expansion available to all children enrolled in Head Start whose families need extended hours and days of service, the Department is adding ''caretakers'' as persons eligible to apply for the expanded Head Start program. This will enable children living with caretakers to enjoy the same benefits available to children living with their parents. The Department finds that this interpretation harmonizes with the Federal Head Start eligibility regulations in 45 CFR 1305.2(e) (relating to definitions) regarding families.
Finally, since the definition of ''extended day services'' provides for extended day services for both hours and days beyond the hours funded through the Federal Head Start program, the Department has provided for both hours and days of extended services. (See section 1501-D of Act 48.)
Affected Organizations and Individuals
The Department will incur costs as a result of this final-omitted rulemaking. Families whose working hours and days extend beyond the hours of the Head Start program day will benefit from this final-omitted rulemaking.
Accomplishments and Benefits
Working families with a child enrolled in Head Start will benefit from this final-omitted rulemaking. The final-omitted rulemaking allows a family, at a low fee, to be eligible for subsidized child care for hours and days beyond the hours and days funded through the Federal Head Start program. Families will receive the necessary supports to continue employment. Eligible children will benefit from the stability and continuity of the child care experience, conducted in a developmentally appropriate child care environment.
Fiscal Impact
Public Sector
Commonwealth--The Commonwealth will incur additional costs.
Political Subdivisions--There is no fiscal impact on political subdivisions.
Private Sector--There is no fiscal impact on the private sector.
General Public--There is no fiscal impact on the general public.
Paperwork Requirements
Parents/caretakers will need to complete an application for the Head Start expansion program, verify that their child is enrolled in a Head Start program, verify hours of work extending beyond the Head Start program day and provide verification from the Head Start program that the Head Start expansion program meets Federal Head Start standards.
Sunset Date
No sunset date is established for this final-omitted rulemaking.
Public Comment
Although this rulemaking is being adopted without publication as proposed rulemaking, interested persons are invited to submit written comments within 30 days from the date of this publication for consideration by the Department as to whether the final-omitted rulemaking should be revised. Comments should be sent to the Department of Public Welfare, Kathryn Holod, Director, Bureau of Child Day Care Services, P. O. Box 2675, Harrisburg, PA 17105, (717) 787-8691. Persons with a disability may use the AT&T Relay Service, (800) 654-5984 (TDD users) or (800) 654-5988 (voice users).
Regulatory Review Act
Under section 5.1(a) of the Regulatory Review Act (71 P. S. § 745.5a(a)), on February 4, 2004, the Department submitted a copy of the final-omitted rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House Children and Youth Committee and the Senate Committee on Public Health and Welfare. On the same date, the regulation was submitted to the Office of the Attorney General for review and approval under the Commonwealth Attorneys Act (71 P. S. §§ 732-101--732-506). A copy of this material is available to the public upon request.
Under section 5.1(j.2) of the Regulatory Review Act, on March 10, 2004, the final-form rulemaking was approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on March 11, 2004, and approved the final-omitted rulemaking.
Findings
The Department finds that:
(1) Public notice of intention to adopt the administrative regulation adopted by this order is not required because it relates to Commonwealth grants and benefits under section 204(1) of the Commonwealth Documents Law and the regulation thereunder, 1 Pa. Code § 7.4(1). In addition, public notice of intention to adopt the administrative regulation adopted by this order is impracticable and unnecessary under section 204(3) of the CDL and regulations thereunder, 1 Pa. Code § 7.4(3).
(2) The adoption of this regulation in the manner provided in this order is necessary and appropriate for the administration and enforcement of the Public Welfare Code and Act 48.
Order
The Department, acting under the Public Welfare Code and Act 48, orders that:
(a) The regulations of the Department, 55 Pa. Code Chapter 3040, are amended by adding § 3040.29 to read as set forth in Annex A.
(b) The Secretary of the Department shall submit this order and Annex A to the Attorney General and 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 upon publication in the Pennsylvania Bulletin.
ESTELLE B. RICHMAN,
Secretary(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 34 Pa.B. 1643 (March 20, 2004).)
Fiscal Note: 14-482. No fiscal impact; (8) recommends adoption. This regulatory action provides eligibility for child care subsidies for children enrolled in Head Start whose parents/caretakers need extended Head Start hours in order to work. Costs to the Federal Child Care Development Fund are estimated at $405,000 for the remainder of 2003-04 and are included in the current child care appropriation. Costs to the Federal Child Care Development Fund are estimated at $1,620,000 for 2004-05 and are expected to increase by 5% annually thereafter.
Annex A
TITLE 55. PUBLIC WELFARE
PART V. CHILDREN, YOUTH AND FAMILIES MANUAL
Subpart B. ELIGIBILITY FOR SERVICES
CHAPTER 3040. SUBSIDIZED CHILD DAY CARE ELIGIBILITY
GENERAL REQUIREMENTS § 3040.29. Head Start expansion.
(a) A child enrolled in Head Start whose parent/caretaker needs extended hours or days of child care in order to work is eligible for child care subsidy. A parent/caretaker shall apply for the Head Start expansion program.
(b) The parent/caretaker shall obtain from the Head Start program and provide to the local CCIS agency, verification that the Head Start expansion program meets the Federal Head Start standards.
(c) When a child in the family as described in § 3040.28(1) and (2) (relating to composition of a family) is enrolled in Head Start, the provisions of this section apply to that child.
(d) Child care service must be provided in a certified or registered child care facility which complies with § 3040.20(a)(3) (relating to benefits and limitations) that has a collaborative agreement with a Head Start program or by a Head Start program.
(e) A family shall meet only the following conditions:
(1) To be eligible under this section, at the time of application each parent/caretaker shall provide verification of a minimum of 25 hours of work per week as required by § 3040.34(a)(3)(i) (relating to nonfinancial eligibility). Each parent/caretaker shall also verify that extended hours and days of service are needed in order to work.
(2) A family eligible for child care subsidy under this section shall be subject to all waiting list conditions described in § 3040.54 (relating to waiting list).
(3) A family eligible for child care subsidy under this section shall pay the minimum copayment for a family of one as specified in Appendix B (relating to copayment chart family copayment scale (based on the 2000 Federal poverty income guidelines)).
(4) A family receiving child care subsidy under this section shall make timely copayment as described in § 3040.61 (relating to general requirements regarding copayment).
(f) Subsidy for a child receiving child care subsidy under this section may be suspended during summer school breaks for a period not to exceed 90 consecutive days.
[Pa.B. Doc. No. 04-477. Filed for public inspection March 19, 2004, 9:00 a.m.]
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