PROPOSED RULEMAKING
DEPARTMENT OF
PUBLIC WELFARE
[55 PA. CODE CHS. 3040 AND 3041]
Subsidized Child Care Eligibility
[34 Pa.B. 5044] The Department of Public Welfare (Department), under the authority of the Public Welfare Code (62 P. S. §§ 201--211, 401--493 and 701--703), proposes to delete Chapter 3040 (relating to subsidized child day care eligibility) and to add Chapter 3041 (relating to subsidized child care eligibility) to read as set forth in Annex A.
Purpose of the Proposed Rulemaking
The purpose of the proposed rulemaking is to help families of low income more easily obtain affordable, accessible and quality child care. The Department intends to create a fairer and more equitable child care system that supports families in their efforts to achieve and maintain financial self-sufficiency. The proposed rulemaking provides families with increased and easier access to this Commonwealth's child care system and allows more families to qualify for subsidized child care benefits.
The Department's goal is to develop a ''user-friendly'' child care system that is accessible to eligible families who need help finding and paying for quality child care that is responsive to their needs.
The proposed rulemaking supports families and children by promoting the following goals:
(1) Healthy child development by increasing access to high quality child care for infants, toddlers, preschool and school-aged children and by reducing administrative processes that may cause interruption in services or frequent change of provider.
(2) Family self-sufficiency by giving parents reliable child care so they can work or improve their skills and earning potential through education or training, while working.
(3) Parent choice by providing parents with a broad range of child care options and empowering them to make their own decisions on the child care that best meets the needs of the child and the family.
Chapter 3041 replaces Chapter 3040 in its entirety.
Background
The Department has worked closely with families who access the child care subsidy program, child development and community service advocates, child care providers, child care eligibility agencies and other interested stakeholders to listen and respond to the needs, concerns and suggestions of these groups. The proposed rulemaking is the result of an inclusive and collaborative process and partnership between the child care community and the Department.
Requirements
The proposed rulemaking substantially reorganizes the existing child care subsidy chapter. Therefore, a new chapter is proposed to replace the existing regulations. Major changes to the existing regulations include: simplification of the verification requirements to make it easier for families to apply and qualify for child care; recognition that participation in education and training is an effective way to support job advancement and financial self-sufficiency; and removing the requirement that parents pursue child support. A new provision supports continuity of quality child care for children in school-district-sponsored prekindergarten programs. This supports families who need extended hours of care. Finally, simplification of regulatory language makes the eligibility process easier to understand. Following is a summary of the major proposed amendments:
§§ 3041.11--3041.22 (relating to general requirements and benefits)
The proposed rulemaking expands the hours of uninterrupted sleep time during which a parent or caretaker (parent) is eligible for subsidized child care. Currently, if parents need uninterrupted sleep time because their work shift ends between 12 a.m. and 9 a.m., they could not receive subsidy; the proposed rulemaking would permit payment of subsidized child care for sleep time, making the policy consistent with the regulations in place for child care benefits under the Temporary Assistance for Needy Families (TANF) program. The proposed rulemaking supports the needs of the child whose parent works at night and must sleep after their work shift ends to be a productive parent and worker on the following day.
The proposed rulemaking permits a family of two parents with one working parent to be eligible for subsidized child care if the other parent has a permanent physical or mental disability that results not only in the inability to work or participate in education or training but also results in the inability to care for the child. The proposed rulemaking supports a child with a parent who has a disability by enabling the family to receive necessary child care.
The proposed rulemaking includes a provision to permit child care to resume following a parent's summer break from education or training. The change is proposed so that a child can be at home with the parent over the summer, but continue in the child care subsidy program in the fall of the year. The proposed rulemaking promotes continuous care for the child at a familiar setting.
§§ 3041.41--3041.47 (relating to eligibility requirements)
The proposed rulemaking reduces the number of hours a parent must work to be eligible to receive subsidized child care from 25 to 20 hours a week. The proposed rulemaking will benefit parents who work part-time and allow more children to be eligible for subsidized child care. The proposed rulemaking eliminates a current gap in eligibility for subsidized child care for some working parents moving from welfare to work, who are ineligible for TANF child care because of income from employment, but who cannot receive subsidized child care because they do not work 25 hours per week or do not apply for child care benefits within 183 days after TANF ends.
The proposed rulemaking also would make child care subsidy available to parents who work a minimum of 10 hours a week if the parent attends education or training for at least 10 hours a week. The proposed rulemaking would support parents who pursue education or training to qualify for a better paying job in the future.
§§ 3041.51 and 3041.52 (relating to special eligibility programs)
The proposed rulemaking includes a new provision that supports children from families of low income attending prekindergarten programs provided by a school entity or a certified or licensed facility operating under contract with a school entity. Otherwise eligible children who need extended hours or days of care provided through the prekindergarten program while their parents work will remain eligible for subsidized child care to pay for extended days or hours as long as they are participating in the prekindergarten program. The proposed rulemaking promotes continuous, uninterrupted care that helps a child maintain stable relationships with a caregiver and promotes sequenced cognitive, social and emotional development. Stable relationships and continuity of care in a quality environment are two of the essential foundations for school readiness and success in life. The proposed rulemaking makes it easier for children from families of low income with working parents to participate in a prekindergarten program that provides an educational program to preschool children from families of low income. Research indicates that high quality child care in an educational setting for children from families of low income is beneficial to prepare a child for school. For related Pennsylvania research data see ''Early Care and Education: The Keystone of Pennsylvania's Future,'' Commonwealth of Pennsylvania, Governor's Task Force on Early Childhood Care and Education, November 2002, and the accompanying research reports by the Universities Children's Policy Collaborative (Pennsylvania State University, Temple University and the University of Pittsburgh) at www.prevention.psu.edu/ece/index.html.
While this proposed prekindergarten program applies to children from families of low-income, the Department supports quality child care and early educational programs for all children, including those who do not receive assistance though the subsidized child care program. In tandem with this proposed rulemaking for subsidized child care, the Department is: (1) encouraging quality child care through the enhancement of Keystone Stars Quality Initiative, a program developed to recognize and reward quality care providers; and (2) developing a parent education campaign to support parents in their selection and self-monitoring of their child care setting.
§§ 3041.61--3041.71 (relating to verification)
The proposed rulemaking simplifies the verification requirements to make it easier for families to apply for and qualify for subsidized child care. The proposed rulemaking establishes more verification options, allows self-declarations by the parent in some instances, requires the eligibility agency to help the parent obtain verification documents and eliminates some of the reverification requirements. The proposed rulemaking makes it easier for parents to document eligibility and will mean families can receive child care subsidy more rapidly.
The proposed rulemaking allows families to make their own child support arrangements, rather than requiring pursuit of court-ordered child support as a prerequisite for receiving child care subsidy. The proposed rulemaking provides more flexibility for the family to accommodate its own needs and circumstances.
§§ 3041.91--3041.94 (relating to domestic violence waivers)
The proposed rulemaking allows parents who are the victims of domestic violence to request a waiver of certain eligibility and verification requirements if compliance would increase the difficulty of a family or household member to escape domestic violence or place a family or household member at risk of domestic violence. The term ''domestic and other violence'' is defined broadly to include any incident of physical, mental or sexual abuse, including incidents by perpetrators who are nonfamily members and that occur outside of the home.
The intent of the proposed rulemaking is to ensure that the special circumstances of families dealing with domestic violence are accommodated, such as the need for extra time to acquire documents that prove eligibility and need for child care to continue if work is interrupted as a result of domestic violence. The Department is sympathetic and sensitive to the extra assistance and support that may be necessary to help domestic violence victims stabilize their living situations. By permitting a waiver of eligibility requirements due to domestic violence, a parent may be better able to achieve or maintain financial self-sufficiency.
§§ 3041.141--3041.150 (relating to TANF and former TANF families)
The proposed rulemaking provides for a window of opportunity and priority status for individuals who formerly received TANF. Under the proposed rulemaking, a parent who is not making use of subsidized child care when TANF ends has 183 days to request and receive subsidized child care if the parent needs it for work or a combination of work or training. A parent who formerly received TANF receives priority status and cannot be put on a waiting list for subsidized child care during this 183-day period.
Affected Individuals and Organizations
The proposed rulemaking affects children who receive subsidized child care, parents who apply for or receive subsidized child care, child care providers and child care eligibility agencies.
Children and parents are affected by the requirements in the proposed rulemaking that specify the eligibility conditions and verification requirements that they must meet to access subsidized child care. Child care providers are affected since the proposed rulemaking affects the eligibility conditions for families currently served or who may be served in the future. Waiting lists may be increased since more children will be eligible for subsidized child care services.
Accomplishments and Benefits
The proposed rulemaking benefits the children and families of low-income by allowing easier access to affordable, quality child care. The proposed rulemaking allows more families to be eligible for subsidized child care benefits.
Fiscal Impact
The proposed rulemaking will result in no additional costs to the parents receiving subsidized child care, the child care providers, the child care eligibility agencies or local government.
The proposed rulemaking will result in additional costs for the Department to serve an estimated 3,388 additional children annually. The Department's budget for FY 2004-05 includes an additional $5.5 million of Federal Child Care and Development Block Grant funds to provide subsidized child care to these additional eligible children. The benefit of providing subsidized child care to additional children from families of low-income outweighs the increased costs.
Paperwork Requirements
The proposed rulemaking will result in reduced paperwork and recordkeeping for both parents and eligibility agencies. By providing additional options for verification, such as self-declaration, the paperwork required for verification will be reduced.
Effective Date
This proposed rulemaking is effective 30 calendar days after final-form publication in the Pennsylvania Bulletin.
Public Comment
Interested persons are invited to submit written comments, suggestions or objections regarding the proposed rulemaking to Susan Miller, Bureau of Child Day Care, P. O. Box 2675, Harrisburg, PA 17105 within 30 calendar days after the date of publication of this proposed rulemaking in the Pennsylvania Bulletin. Reference Regulation No. 14-489 when submitting comments.
Persons with a disability who require an auxiliary aid or service may submit comments by using the AT&T Relay Service at (800) 654-5984 (TDD users) or (800) 654-5988 (voice users).
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on August 31, 2004, 2003, the Department submitted a copy of this proposed 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. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Department, the General Assembly and the Governor of comments, recommendations or objections raised.
ESTELLE B. RICHMAN,
SecretaryFiscal Note: 14-489. No fiscal impact; (8) recommends adoption. This regulatory action expands the eligibility for child care subsidies for children whose parents/caretakers need child care to work. Costs are estimated at $5.5 million for the remainder of Fiscal Year 2004-2005 to provide for 3,388 children and $7.5 million annually thereafter. The 2004-05 costs are included in the Federal Child Care and Development Block Grant appropriation in Act 7A of 2004.
Annex A
TITLE 55. PUBLIC WELFARE
PART V. CHILDREN, YOUTH AND FAMILIES MANUAL
Subpart B. ELIGIBILITY FOR SERVICES
CHAPTER 3040. (Reserved). (Editor's Note: The Department is proposing to delete Chapter 3040 in its entirety. The present text of Chapter 3040 appears in 55 Pa. Code pages 3040-1--3040-55, serial pages (303411) to (303412), (265401) to (265402), (252653) to (252654), (265403) to (265404), (252657) to (252658), (303413) to (303418), (265407) to (265408), (303419) to (303420), (265411) to (265416), (252673) to (252674), (265417) to (265418), (303421) to (303424), (265423) to (265426), (252685) to (252692), (265427) to (265430), (252697) to (252698) and (304727) to (304739).)
§§ 3040.1--3040.4. (Reserved).
§§ 3040.11--3040.29. (Reserved).
§§ 3040.31--3040.49. (Reserved).
§§ 3040.51--3040.55. (Reserved).
§§ 3040.61--3040.64. (Reserved).
§§ 3040.71--3040.78. (Reserved).
§§ 3040.91--3040.94. (Reserved).
CHAPTER 3041. SUBSIDIZED CHILD CARE ELIGIBILITY GENERAL PROVISIONS
Sec.
3041.1. Purpose. 3041.2. Scope. 3041.3. Definitions. GENERAL REQUIREMENTS AND BENEFITS
3041.11. Nondiscrimination. 3041.12. Provision of subsidized child care. 3041.13. Parent choice. 3041.14. Subsidy benefits. 3041.15. Payment of provider charges. 3041.16. Subsidy limitations. 3041.17. Prohibition of additional conditions and charges. 3041.18. Attendance. 3041.19. Absence. 3041.20. Subsidy continuation during breaks in work. 3041.21. Subsidy suspension. 3041.22. Subsidy disruption. DETERMINING FAMILY SIZE AND INCOME
3041.31. Family size. 3041.32. Income counted. 3041.33. Income adjustment. 3041.34. Estimating income. ELIGIBILITY REQUIREMENTS
3041.41. Financial eligibility. 3041.42. Residence. 3041.43. Work, education and training. 3041.44. Prospective work, education and training. 3041.45. Anticipating income. 3041.46. Immunization. 3041.47. Citizenship. SPECIAL ELIGIBILITY PROGRAMS
3041.51. Head Start expansion program. 3041.52. Prekindergarten program. VERIFICATION
3041.61. General verification requirements. 3041.62. Collateral contact. 3041.63. Self-declaration. 3041.64. Verification of income. 3041.65. Verification of residence. 3041.66. Verification of work, education and training. 3041.67. Verification of immunization. 3041.68. Verification of citizenship. 3041.69. Verification of identity. 3041.70. Verification of temporary inability to work. 3041.71. Verification of permanent inability to work. ELIGIBILITY AGENCY RESPONSIBILITIES
3041.81. Eligibility agency. 3041.82. Eligibility determination. 3041.83. Confidentiality. 3041.84. Family file. 3041.85. Record retention. 3041.86. Child abuse reporting. DOMESTIC VIOLENCE WAIVERS
3041.91. General requirements. 3041.92. Alternate address or telephone number. 3041.93. Time frame for waiver determinations. 3041.94. Notice of waiver determination. CO-PAYMENT AND PAYMENT BY THE DEPARTMENT
3041.101. General co-payment requirements. 3041.102. Department's payment. 3041.103. Adjusted co-payment for prospective work, education and training. 3041.104. Parent or caretaker co-payment requirements. 3041.105. Delinquent co-payment. 3041.106. Eligibility agency responsibilities. 3041.107. Availability and use of the Federal Poverty Income Guidelines. 3041.108. Co-payment for families headed by a parent. 3041.109. Co-payment for families headed by a caretaker. ELIGIBILITY DETERMINATION AND REDETERMINATION
3041.121. Application. 3041.122. Initial determination of eligibility. 3041.123. Effective date of coverage. 3041.124. Notification of parent, caretaker and child care provider. 3041.125. Period of eligibility. 3041.126. Face-to-face interview. 3041.127. Parent and caretaker report of change. 3041.128. Review of changes. 3041.129. Partial redetermination based on reported changes. 3041.130. Redetermination of eligibility. 3041.131. Procedures for redetermination. 3041.132. Voluntary request to terminate subsidized child care. 3041.133. Waiting list. TANF AND FORMER TANF FAMILIES
3041.141. General provisions. 3041.142. General requirements for former TANF families. 3041.143. Notification. 3041.144. Face-to-face interview for former TANF families. 3041.145. Self-declaration and reporting. 3041.146. Failure to contact the eligibility agency. 3041.147. Payment authorization. 3041.148. Retroactive payment. 3041.149. Transfer from other states. 3041.150. Expiration of TANF benefits. NOTIFICATION AND RIGHT TO APPEAL
3041.161. General notification requirements. 3041.162. Notice of right to appeal. 3041.163. Notice of eligibility. 3041.164. Notice of ineligibility. 3041.165. Notice of adverse action. 3041.166. Notice confirming voluntary withdrawal. 3041.167. Notice of overpayment. APPEAL AND HEARING PROCEDURES
3041.171. Appealable actions. 3041.172. Discontinuation of subsidy. 3041.173. Subsidy continuation during the appeal process. 3041.174. Parent or caretaker rights and responsibilities. 3041.175. Eligibility agency responsibilities. 3041.176. Hearing procedures. OVERPAYMENT AND DISQUALIFICATION
3041.181. Overpayment. 3041.182. Eligibility agency responsibilities. 3041.183. Delaying recoupment. 3041.184. Notifying the Department. 3041.185. Repayment. 3041.186. Collection. 3041.187. Co-payment increase. 3041.188. Collection for a family whose child is no longer in care. 3041.189. Disqualification.
GENERAL PROVISIONS § 3041.1. Purpose.
This chapter establishes the requirements for a family to receive subsidized child care. Subsidized child care is a nonentitlement benefit made available through limited Federal and State funds.
§ 3041.2. Scope.
This chapter applies to child care eligibility agencies, child care providers and parents and caretakers requesting or receiving subsidized child care.
§ 3041.3. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Adjusted family income--Gross countable family income, minus allowable deductions.
Annual income--The family's adjusted monthly income, multiplied by 12 months.
Appeal--A written or oral request by a parent, caretaker or individual acting on behalf of a parent or caretaker for a hearing under Chapter 275 (relating to appeal and fair hearing and administrative disqualification hearings), indicating disagreement with a Departmental or eligibility agency action or failure to act that affects the family's eligibility for subsidized child care.
Application--A signed, dated request by a parent, caretaker or individual acting on behalf of a parent or caretaker for subsidized child care.
CAO--County Assistance Office--The local office of the Department responsible for the determination of eligibility and service delivery in the Cash Assistance, Food Stamp and Medical Assistance Programs.
Caretaker--
(i) An adult other than the child's biological or adoptive parent or stepparent, who lives with and exercises care and control of a child for whom subsidized child care is requested.
(ii) The term includes a foster parent, formal and informal kinship caregiver and other relative or nonrelative caring for the child.
Child care--Care in lieu of parental care for part of a 24-hour day.
Collateral contact--A form of verification in which the eligibility agency obtains information from a third party.
Co-payment--The weekly amount the family pays for subsidized child care.
Department--The Department of Public Welfare of the Commonwealth.
Disqualification--The prohibition against receipt of subsidized child care that results from fraud or an intentional program violation.
Domestic and other violence (domestic violence)--Includes, but is not limited to:
(i) A physical act that results in, or threatens to result in, physical injury to the individual.
(ii) Mental abuse, including but not limited to stalking, threats to kidnap, kill or otherwise harm people or property, threats to commit suicide, repeated use of degrading or coercive language, controlling access to food or sleep and controlling or withholding access to economic and social resources.
(iii) Sexual abuse.
(iv) Sexual activity involving a dependent child.
(v) Being forced as the caretaker or relative of a dependent child to engage in nonconsensual sexual acts or activities.
(vi) A threat of, or attempt at, physical or sexual abuse.
(vii) Neglect or deprivation of medical care.
Education--An elementary school, middle school, junior high or high school program including a general educational development program.
Eligibility agency--The entity designated by the Department with authority to purchase subsidized child care and determine a family's eligibility and co-payment.
Eligibility determination--A decision regarding whether a family qualifies for the subsidized child care program and a determination of the co-payment.
Eligibility redetermination--A semiannual review by the eligibility agency to determine if a family continues to qualify for subsidized child care, including a review of the co-payment.
Employment--Working for another individual or entity for income.
FPIG--Federal Poverty Income Guidelines--The income levels published annually in the Federal Register by the United States Department of Health and Human Services.
Family--The child or children for whom subsidized child care is requested and the following individuals who live with that child or children in the same household:
(i) A biological, adoptive, foster or stepparent of the child for whom subsidized child care is requested.
(ii) A caretaker and a caretaker's spouse.
(iii) A biological, adoptive or foster child or stepchild of the parent or caretaker who is under 18 years of age and not emancipated by marriage or by the court.
(iv) An unrelated child under the care and control of the parent or caretaker, who is under 18 years of age and not emancipated by marriage or by the court.
(v) A child who is 18 years of age or older but under 22 years of age who is enrolled in a high school, a general educational development program or a post-secondary program leading to a degree, diploma or certificate and who is wholly or partially dependent upon the income of the parent or caretaker or spouse of the parent or caretaker.
Fiscal year--A period of time beginning July 1 of any calendar year and ending June 30 of the following calendar year.
Fraud--The intentional act of a parent or caretaker that results in obtaining, continuing or increasing child care subsidy for which the family is not eligible and that involves any of the following:
(i) A false or misleading statement.
(ii) The failure to disclose information.
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 the individual does not provide a service.
(iv) Unearned benefits received periodically by an individual, such as unemployment compensation, worker's compensation or retirement benefits.
Maximum child care allowance--The payment ceilings set by the Department for child care services provided to families eligible for subsidized child care.
Net profit from self-employment--Gross earnings from self-employment, minus the cost of doing business as specified in Appendix A (relating to income to be included, deducted and excluded in determining gross monthly income).
Overpayment--The receipt of subsidy for a child for which the family is or was not eligible or an amount in excess of the amount for which the family was eligible.
Parent--The biological or adoptive mother or father, stepmother or stepfather who exercises care and control of the child for whom subsidy is requested.
Partial redetermination--A review of eligibility that does not include a review of each eligibility factor.
Payment rate--The daily rate that is paid to the child care provider for services delivered to a child who is eligible for subsidized child care.
Prospective employment or prospective education or training--Employment, education or training verified by the employer, school official or training official to begin no later than 30 calendar days following the date the parent or caretaker signs and dates the application for subsidized child care or no later than 30 calendar days following the loss of current employment.
Provider--An organization or individual that directly delivers child care services.
Published rate--A provider's daily charge for a child who does not receive subsidized child care.
Recoupment--Recovery of an overpayment by increasing the co-payment or other payment arrangement.
Self-certification--A written statement provided by a parent or caretaker for the purpose of establishing selected factors of nonfinancial eligibility.
Self-declaration--A written statement provided by the parent or caretaker for the purpose of establishing financial or nonfinancial eligibility for a period of time not to exceed 30 calendar days.
Self-employment--Operating one's own business, trade or profession for profit.
Subsidized child care--Child care service paid for in part with State or Federal funds.
Subsidy suspension--A temporary lapse of subsidized child care that 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) that provides cash assistance to families including dependent children and an adult.
Training program--A course of instruction that provides the skills or qualifications necessary for a specific vocation or field of employment. It may include adult basic education, English as a second language, a 2-year or 4-year post-secondary degree program, an internship, clinical placement, apprenticeship, lab work and field work required by the training institution.
Verification--
(i) The process of confirming information needed to determine eligibility for subsidized child care.
(ii) The term includes documentary evidence or information obtained through collateral contacts, self-certification and self-declaration.
Waiting list--A record maintained by the eligibility agency of the names of families and their children determined eligible to receive subsidized child care, but for whom subsidy is not currently available.
Work--Employment or self-employment.
GENERAL REQUIREMENTS AND BENEFITS § 3041.11. Nondiscrimination.
(a) An eligibility agency 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 physical or mental disability.
(b) An eligibility agency shall offer child care subsidy within the provisions of applicable civil rights laws and regulations, 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--12210).
§ 3041.12. Provision of subsidized child care.
(a) Subsidized child care is provided for a child whose family meets financial and nonfinancial eligibility requirements.
(b) Subsidized child care is available to an otherwise eligible child who is under 13 years of age.
(c) Subsidized child care is available to an otherwise eligible child who is 13 years of age or older but under 19 years of age and is physically or mentally incapable of caring for himself. The physical or mental incapacity shall be documented by a physician or psychologist.
(d) A former TANF family is eligible for a child care subsidy under this chapter as specified in §§ 3041.141--150 (relating to TANF and former TANF families).
(e) The Department, through the Department's contracts with the eligibility agency, will direct funding for various populations, including individuals who formerly received TANF benefits.
§ 3041.13. Parent choice.
(a) A family who is eligible for subsidized child care shall have the right to choose care from a provider who agrees to comply with the Department's standards for provider participation. Providers eligible to participate include:
(1) A child day care center certified under Chapter 3270 (relating to child day care centers).
(2) A group child day care home certified under Chapter 3280 (relating to group day care homes).
(3) A family child day care home registered under Chapter 3290 (relating to family day care homes).
(4) A provider specifically 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), including in-home care if specifically exempt.
(b) A family eligible for Head Start expansion shall choose a child care provider as specified in § 3041.51 (relating to Head Start expansion program).
§ 3041.14. Subsidy benefits.
(a) A subsidy-eligible family may receive payment for child care needed during:
(1) The hours that the child needs care while the parent or caretaker is employed or attending an education or training program, including travel between the parent's or caretaker's work, education or training and the child care facility.
(2) The hours that the child needs care when the parent or caretaker requires uninterrupted sleep time because the work shift ends between the hours of 12 a.m. and 9 a.m.
(b) Child care is considered unnecessary when a biological or adoptive parent or stepparent living in the household is available to care for the child during the hours of the day for which subsidized child care is requested, unless either of the following occur:
(1) The parent or caretaker or both parents or caretakers, who are otherwise available and expected to care for the child, are physically or mentally incapable of providing child care or cannot provide child care because of the need to attend treatment for a physical or mental illness or disability.
(2) The child is at risk because of suspected abuse by a parent or caretaker who is available to provide care.
§ 3041.15. Payment of provider charges.
(a) A provider participating in the subsidized child care program is eligible to receive payment from the eligibility agency for services provided to a subsidy-eligible child.
(b) The eligibility agency may not pay child care costs that exceed the maximum child care allowance less the family co-payment for the type of care the child received from the provider.
(c) If a parent or caretaker selects a provider whose published rate exceeds the Department's payment rate, the provider may charge the parent or caretaker the difference between these two amounts.
(d) The eligibility agency may not pay for any additional charge assessed by the provider, beyond the cost of child care.
(e) A change in a parent's or caretaker's need for child care and the resulting adjustment in the amount of payment to the provider shall begin on the date the parent or caretaker reports the change or on the date the change begins, whichever is later.
§ 3041.16. Subsidy limitations.
(a) A family in which a parent or caretaker is receiving TANF is not eligible for subsidized child care under this chapter.
(b) Subsidized child care may not be used as a substitute for a publicly funded educational program, such as kindergarten or a specialized treatment program.
(c) If a parent or caretaker is the operator of a child day care center, group child day care home or family child day care home as specified in Chapter 3270, Chapter 3280 or Chapter 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 that is exempt from certification or registration under section 1070 of the Public Welfare Code (62 P. S. § 1070), and if space is available to enroll the parent's or caretaker's child at the facility operated by the parent or caretaker, that child is not eligible to receive subsidized child care.
(d) A family consisting of two parents or caretakers may be eligible for subsidized child care when one parent or caretaker has a permanent physical or mental disability that results in the inability to work or participate in an education or training program. The disability must prevent the parent or caretaker from caring for the child for whom subsidy is requested.
(e) Subsidized child care is provided for a child whose family is determined eligible, up to the limits of available subsidized child care funds.
(f) The parent or caretaker shall select an eligible child care provider no later than 30 calendar days following the date the eligibility agency notifies the parent or caretaker that funding is available or that the family's current child care provider is ineligible to participate in the subsidized child care program.
§ 3041.17. Prohibition of additional conditions and charges.
The eligibility agency may not:
(1) Impose eligibility conditions other than conditions listed in this chapter.
(2) Require the parent or caretaker to select a particular provider or combination of providers as a condition of eligibility.
§ 3041.18. Attendance.
(a) The days for which the parent or caretaker establishes a need for child care shall be specified in writing by the parent to the eligibility agency at the time the child is enrolled in subsidized child care.
(b) A child is expected to attend child care at the provider on all days for which the parent or caretaker established a need for child care as specified in § 3041.14 (relating to subsidy benefits), unless the provisions specified in § 3041.21 (relating to subsidy suspension) apply.
§ 3041.19. Absence.
(a) Upon notification from the provider that a child has been absent more than 10 consecutive days for which the child is scheduled to attend child care, not including days of a child's illness, developmental or physical disability or other reason as specified in § 3041.21 (relating to subsidy suspension), the eligibility agency shall send the parent or caretaker an adverse action notice terminating the child's eligibility and payment to the provider.
(b) The notice shall inform the parent or caretaker of the following:
(1) The parent or caretaker shall report to the eligibility agency the date of the child's return to care.
(2) Payment may resume if the child returns to care no later than the 10th calendar day following the date the written notice of adverse action is postmarked or hand-delivered to the parent or caretaker by the eligibility agency.
(3) If the child does not return to care by the 10th calendar day following the date the written notice of adverse action is postmarked or hand-delivered to the parent or caretaker by the eligibility agency and there are no grounds for subsidy suspension, the child's subsidy will be terminated effective the 11th calendar day from the date of the notice.
§ 3041.20. Subsidy continuation during breaks in work.
A family's eligibility for subsidized child care continues for and during the following:
(1) Sixty calendar days from the date of an involuntary loss of work, the date a strike begins or the date the parent graduates from or completes an education or training program.
(2) A total of 84 calendar days from the first day of family leave, other than maternity leave, as defined under the Family and Medical Leave Act of 1993 (29 U.S.C.A. §§ 2601--2654), provided there is a need for child care.
(3) Regularly scheduled breaks in work or breaks in an education or training program, if the regularly scheduled break is less than 31 calendar days.
§ 3041.21. Subsidy suspension.
(a) If a child is unable to attend child care for more than 10 consecutive days for which the child is scheduled to attend care, subsidy shall be suspended for up to 90 calendar days in the following circumstances:
(1) The child is visiting the noncustodial parent or caretaker.
(2) The child is ill or hospitalized, preventing the child from participating in child care.
(3) The child is absent because of family illness or emergency.
(4) The child remains at home with his parent or caretaker during family leave.
(5) The provider is closed because of failure to meet certification or registration requirements.
(6) The child's needs cannot be met by the provider.
(7) The parent or caretaker is on maternity or family leave, as defined under the Family and Medical Leave Act of 1993 (29 U.S.C.A. §§ 2601--2654).
(b) If the parent or caretaker is attending an education or training program that dismisses for a summer break, the eligibility agency shall suspend subsidy for the duration of the summer break.
(c) The child is no longer eligible for subsidy if the child continues to be absent following 90 calendar days of suspension or following the end of the child's parent's summer break.
§ 3041.22. Subsidy disruption.
(a) If child care is disrupted due to the provider's loss of the Department's certification or registration or another reason that prevents the child's continued care at that provider, 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 the parent or caretaker selects another provider and funding is available.
(c) Subsidy to a child may be disrupted if the eligibility agency cannot continue to subsidize the number of children enrolled in subsidized child care due to insufficient State or Federal funding.
(1) Subsidy for children whose families have the highest income is disrupted first.
(2) A child whose subsidy is disrupted under this subsection shall be placed on the waiting list according to the date of the initial eligibility for subsidized child care.
DETERMINING FAMILY SIZE AND INCOME § 3041.31. Family size.
(a) Individuals included in the definition of family shall be included in determining family size.
(b) An individual applying as a parent and a caretaker may only be counted once.
(c) An individual may not be included in more than one family unless the individual is a child who is in a shared custody arrangement between two families and both families are seeking subsidized child care.
(d) A foster child may be counted as a family of one or may be included in a family as defined in this chapter.
§ 3041.32. Income counted.
Income from the following family members is counted to determine financial eligibility:
(1) The biological or adoptive parents or stepparents of the child for whom subsidy is sought.
(2) A caretaker and the caretaker's spouse.
(3) The child for whom subsidy is sought, excluding the child's earned income.
§ 3041.33. Income adjustment.
To determine adjusted family income the eligibility agency shall:
(1) Determine gross income as specified in Appendix A, Part I (relating to income to be included, deducted and excluded in determining gross monthly income) for each family member listed in § 3041.32 (relating to income counted).
(2) Estimate monthly income from each income source in accordance with § 3041.34 (relating to estimating income).
(3) Convert weekly, biweekly, semimonthly and other pay periods to gross monthly amounts using the Conversion Table in Appendix A, Part I.
(4) Calculate the total gross monthly income.
(5) Determine the basic living need allowance deduction for a stepparent and deduct that amount from the stepparent's income using the Basic Living Need Allowance Deduction specified in Appendix A, Part II.
(6) Determine other allowable deductions listed in Appendix A, Part II for each source of income.
(7) Determine adjusted family income by subtracting the total monthly deductions specified in paragraphs (5) and (6) from the total gross monthly income specified in paragraph (4).
(8) Multiply adjusted family income by 12 to determine annual family income.
§ 3041.34. Estimating income.
(a) For the purpose of determining adjusted family income, the eligibility agency shall use its best estimate of monthly income based upon circumstances at the time of application or redetermination as specified in Appendix A, Part I (relating to income to be included, deducted and excluded in determining gross monthly income) for the table used to convert weekly, biweekly, and semi-monthly and other pay periods to monthly amounts.
(b) For parents or caretakers who are working and have received pay at the time they apply for subsidized child care, income shall be estimated based upon verified, actual amounts already received by the family prior to application or redetermination or verification of anticipated income.
(c) When estimating income, the eligibility agency shall use the past 30 calendar days as an indicator of future amounts, unless:
(1) A change has occurred.
(2) A change is anticipated.
(3) An unusual circumstance existed that is not expected to recur, such as overtime not likely to continue.
(d) The eligibility agency shall adjust its estimate of monthly income to take into account recent or anticipated changes and unusual circumstances.
(e) When an applicant anticipates starting work within the next 30 days or has not yet received a first paycheck, income eligibility is established based on verified anticipated income.
ELIGIBILITY REQUIREMENTS § 3041.41. Financial eligibility.
To be eligible to receive subsidized child care, a family shall meet the following financial conditions:
(1) At initial application, annual family income shall not exceed 200% of the FPIG.
(2) Following an initial determination of eligibility, a family shall remain financially eligible for subsidized child care as long as the annual income does not exceed 235% of the FPIG.
(3) The eligibility agency shall inform the parent or caretaker of the annual family income that will exceed 235% of the FPIG and cause the family to be ineligible for subsidized child care.
§ 3041.42. Residence.
A family that is financially eligible shall meet the following nonfinancial eligibility conditions to receive subsidized child care:
(1) Family members shall be residents of this Commonwealth.
(2) The parent or caretaker shall apply in his county of residence. In counties where there is more than one eligibility agency for the county, the parent or caretaker shall apply to the eligibility agency that is responsible for the geographic area that includes the zip code of the family's residence.
§ 3041.43. Work, education and training.
(a) The parent or caretaker shall work at least 20 hours per week. The eligibility agency may average a parent's or caretaker's work hours over a 4-week period in cases where hours of work vary from week to week.
(b) In the following circumstances, the parent or caretaker is exempt from the work and work-hour requirement specified in subsection (a):
(1) A parent or caretaker under 22 years of age and attending high school.
(2) A parent or caretaker under 18 years of age, does not have a high school or general educational development diploma, but is enrolled in and attending an education program on a full-time basis.
(c) When a parent or caretaker attends a training program and works at least 10 hours per week, the eligibility agency shall count the time spent in the training program toward the 20 hour per week work requirement. The eligibility agency will count other parent or caretaker activities required to complete the training program toward the 20 hour per week work requirement. Activities include an internship, a clinical placement, a practicum, student teaching, field work or lab work.
(d) A parent or caretaker who misses work due to illness, injury, employer closings, holidays, temporary work slow-downs, emergencies or domestic violence shall remain eligible for subsidy if the parent or caretaker is normally scheduled to work an average of 20 hours per week.
§ 3041.44. Prospective work, education and training.
(a) A family in which a parent or caretaker has prospective employment or prospective enrollment in an education or training program may be eligible for subsidized child care if the following requirements are met:
(1) The employment or education program will begin no later than 30 calendar days following the date of application or no later than 60 calendar days following the loss of work for a parent or caretaker who is receiving subsidized child care.
(2) Verification of prospective employment or enrollment in an education or training program is provided as specified in § 3041.66 (relating to verification of work, education and training).
(b) Subsidy may not begin until the parent or caretaker begins employment or participation in an education or training program.
§ 3041.45. Anticipating income.
(a) For applicants who report prospective work, a co-payment is not required until payment for employment is received.
(b) For recipients of subsidized child care who report prospective work, the family is assessed the minimum co-payment for a family of its size until payment for work is received.
(c) The parent or caretaker shall notify the eligibility agency of the actual amount of payment no later than 10 calendar days after receiving the first payment for work.
§ 3041.46. Immunization.
(a) A child receiving subsidized child care shall have received age-appropriate immunizations. Exemption from the immunization requirement shall be granted by the eligibility agency if:
(1) A child's parent or caretaker objects to immunizations on religious grounds.
(2) A child's medical condition contraindicates immunization as documented by a physician.
(b) If an otherwise eligible child does not have age-appropriate immunizations and is not exempt from immunization, the family shall be authorized for subsidy and the parent or caretaker shall be given 90 calendar days to obtain immunizations for the child and self-certify that the child has age-appropriate immunizations or that the child is exempt from the immunization requirement.
(c) The parent's or caretaker's self-certification on the application or on another form provided by the Department is verification of immunization or exemption from immunization requirements.
§ 3041.47. Citizenship.
A child receiving subsidized child care shall be a United States citizen or an alien lawfully admitted for permanent residence or otherwise lawfully and permanently residing in the United States.
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