[34 Pa.B. 5044]
[Continued from previous Web Page]
SPECIAL ELIGIBILITY PROGRAMS § 3041.51. Head Start expansion program.
(a) A Head Start expansion program is a program that combines the Head Start program with the subsidized child care program.
(b) A child who is enrolled in a Head Start program, whose parent or caretaker needs extended hours or days of child care to work, is eligible for subsidized child care under this section, if the parent or caretaker meets the eligibility requirements for subsidized child care as specified in subsection (f).
(c) The parent or caretaker shall obtain from the Head Start program and provide to the eligibility agency verification that the Head Start expansion program meets the Federal Head Start standards.
(d) If a child in the family as specified in § 3041.31 (relating to family size) is enrolled in the Head Start expansion program, the family eligibility provisions of this section also apply to other children in the family who need child care.
(e) If extended hours or days of care are provided beyond the Head Start program hours or days, the extended hours and days of care shall be provided by a facility that has a certificate of compliance or registration by the Department as a child day care facility.
(f) A parent or caretaker whose child participates in the Head Start expansion program shall be required to meet only the following conditions:
(1) Verification of, at the time of application, a minimum of 20 hours of work per week as specified in § 3041.43 (relating to work, education and training).
(2) Verification that extended hours and days of child care are needed to work.
(3) Compliance with the waiting list conditions specified in § 3041.133 (relating to waiting list).
(4) Payment of the minimum co-payment for a family of one as specified in Appendix B (relating to co-payment chart family co-payment scale (based on the 2004 Federal Poverty Income Guidelines)).
(5) Payment of the co-payment as specified in § 3041.101(a)--(e) (relating to general co-payment requirements).
(g) Subsidy for a child receiving care under this section may be suspended during summer school breaks.
(h) A parent or caretaker whose child receives subsidized child care and is enrolled in a Head Start program is not required to report changes in circumstances during the period of the child's Head Start enrollment. The family shall remain eligible for subsidy for the duration of the child's enrollment in a Head Start program, regardless of a change in family income or circumstances.
(i) The eligibility agency may not require a parent or caretaker whose child receives subsidized child care and is enrolled in a Head Start program to complete a partial redetermination or redetermination until the child's Head Start program reports to the eligibility agency that the child is no longer enrolled in the Head Start program.
§ 3041.52. Prekindergarten program.
(a) A child who is 3 or 4 years of age and who is enrolled in a prekindergarten program operated by a school entity or a certified child day care center or licensed private academic school serving children 3 or 4 years of age operating under contract with a school entity, whose parent or caretaker needs extended hours or days of child care to work, is eligible for subsidized child care under this section, if the parent or caretaker meets the eligibility requirements for subsidized child care as specified in this section.
(b) The eligibility agency shall verify that the prekindergarten program is operated by a school entity or by a certified child day care center or licensed private academic school operating under contract with a school entity.
(c) If extended hours or days of care are provided beyond the prekindergarten program's hours or days, the extended hours and days of care shall be provided by a facility that has a certificate of compliance or registration by the Department as a child day care facility.
(d) A parent or caretaker whose child participates in a pre-kindergarten program shall be required to meet the conditions specified in this chapter, except as specified in subsections (e), (f) and (g).
(e) Subsidy for a child receiving care under this section may be suspended during summer school breaks.
(f) A parent or caretaker whose child receives subsidized child care and is enrolled in a prekindergarten program will not be required to report changes in circumstances during the period of the child's prekindergarten enrollment. The family shall remain eligible for subsidy for the duration of the child's enrollment in a prekindergarten program, regardless of a change in family income or circumstances.
(g) The eligibility agency may not require a parent or caretaker whose child receives subsidized child care and is enrolled in a prekindergarten program to complete a partial redetermination or redetermination until the child's prekindergarten program reports to the eligibility agency that the child is no longer enrolled in the pre-kindergarten program.
(h) A school entity is a public school, school district, intermediate unit or area vocational-technical school as defined in 22 Pa. Code § 49.1 (relating to definitions).
VERIFICATION § 3041.61. General verification requirements.
(a) The parent or caretaker shall be the primary source of verification in establishing and maintaining eligibility for subsidized child care.
(b) The eligibility agency shall inform each parent and caretaker that the eligibility agency is available to assist in obtaining verification that the parent or caretaker is unable to obtain.
(c) The eligibility agency shall assist parents and caretakers who request assistance in obtaining verification.
(d) Verification that establishes a fact related to the determination of eligibility shall be accepted by the eligibility agency. Requirements for a specific type of verification may not be imposed by the eligibility agency.
(e) The parent or caretaker may report a change in circumstances at any time.
(f) The eligibility agency may not require a parent or caretaker to verify again information that is unlikely to have changed since application or the last eligibility redetermination. If the eligibility agency suspects or knows that the information provided by a parent or caretaker has changed, the eligibility agency may require the parent or caretaker to verify the information again.
(g) The eligibility agency may not deny or terminate subsidy to a family when the parent or caretaker has cooperated in the verification process and needed verification is pending or cannot be obtained due to circumstances beyond the parent's or caretaker's control.
(h) The eligibility agency shall require the parent or caretaker to provide documentary evidence of eligibility, as specified in §§ 3041.41--3041.47 (relating to eligibility requirements) and shall permit self-certification of other eligibility requirements.
(i) Self-certification shall be made subject to 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).
§ 3041.62. Collateral contact.
(a) The eligibility agency shall make a collateral contact on behalf of the parent or caretaker if any of the following occurs:
(1) The parent or caretaker has made a reasonable effort to obtain documentary evidence without success.
(2) Documentary evidence is unavailable.
(3) The eligibility determination process must be expedited to avoid unnecessary hardship to the parent or caretaker or to ensure that the time frame for an eligibility determination is met.
(4) The verification provided by the parent or caretaker requires additional clarification.
(5) The eligibility agency suspects that the parent or caretaker is withholding information or has falsified the information given.
(b) The eligibility agency shall make a collateral contact in person, by consulting public records, by mail or by telephone with a source of reliable information.
(c) Sources of reliable collateral contact information include the following:
(1) Public records, such as domestic relations or other courthouse records.
(2) An employer, a friend, a neighbor, a relative, a landlord, a government agency, a community social service agency or a child care provider.
(d) When making a collateral contact, the eligibility agency shall obtain from the parent or caretaker a list of reliable sources of information who would serve as collateral contacts.
(e) The eligibility agency shall obtain consent from the parent or caretaker and spouse at the time of application for subsidy permitting the eligibility agency to obtain verification of eligibility information.
(f) The eligibility agency shall retain in the family's file the signed consent. The consent shall remain in effect for as long as the family receives subsidy.
(g) The eligibility agency shall cooperate with a source who acts as a collateral contact.
(h) The eligibility agency may not contact an alleged abuser or former abuser in a domestic violence situation.
§ 3041.63. Self-declaration.
(a) If a parent's or caretaker's attempts to verify eligibility by documentary evidence or collateral contact are unsuccessful, the eligibility agency shall proceed without delay to determine the family's eligibility based upon a written self-declaration by the parent or caretaker.
(b) The eligibility agency shall instruct the parent or caretaker that a written self-declaration shall be made subject to 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).
(c) The eligibility agency shall accept a parent's or caretaker's self-declaration statement, unless evidence contradicts the statement.
(d) The eligibility agency shall require the parent or caretaker to provide another form of acceptable verification no later than 30 calendar days following the date the written self-declaration is accepted as verification by the eligibility agency unless otherwise specified in this chapter.
§ 3041.64. Verification of income.
(a) Acceptable verification of earned income from employment includes one of the following:
(1) Pay stubs reflecting earnings for 3 weeks in the most recent 6-week period, the Department's Employment Verification form reflecting actual or anticipated earnings, the IRS form used for reporting tips, an employer statement of anticipated earnings and hours or other document that establishes the parent's or caretaker's earnings from employment.
(2) A collateral contact, as specified in § 3041.62 (relating to collateral contact).
(3) A written self-declaration by the parent or caretaker as specified in § 3041.63 (relating to self-declaration).
(b) Acceptable verification of income from self-employment includes one of the following:
(1) Tax returns, business records or other documents establishing profit from self-employment.
(2) A collateral contact, as specified in § 3041.62.
(3) A written self-declaration by a parent or caretaker of net profit from self-employment, reflecting gross earnings, less the cost of doing business, as specified in § 3041.63.
(c) Acceptable verification of unearned income includes one of the following:
(1) A copy of a current benefit check, an award letter that designates the amount of a grant or benefit, such as a letter from the Social Security Administration stating the amount of the Social Security benefit, a bank statement or other document or database report that establishes the amount of unearned income.
(2) A collateral contact, as specified in § 3041.62.
(3) A written self-declaration by the parent or caretaker, as specified in § 3041.63.
(d) For any case in which a family receives or pays child support through Pennsylvania's Child Support Enforcement System, the eligibility agency shall verify the amount of support received or paid by the family by requesting this information from the Department.
§ 3041.65. Verification of residence.
Acceptable verification of the parent's or caretaker's residence shall be the parent's or caretaker's self-certification of his address provided on the application or eligibility redetermination form.
§ 3041.66. Verification of work, education and training.
Acceptable verification of hours of work, education, training or enrollment in an education or training program includes one of the following:
(1) A document provided by the parent or caretaker as verification of earned income, provided this verification indicates or can be used to compute the number of hours the parent or caretaker worked, is normally scheduled to work or in cases where hours vary, the average number of hours worked.
(2) A copy of a work schedule signed by the employer.
(3) A copy of the class or training schedule from the school or training program.
(4) Another document that establishes hours of work, education or training.
(5) A collateral contact, as specified in § 3041.62 (relating to collateral contact).
(6) A written self-declaration by the parent or caretaker that indicates the parent or caretaker works at least 20 hours per week, as specified in § 3041.63 (relating to self-declaration).
§ 3041.67. Verification of immunization.
Acceptable verification of immunization shall be the parent's or caretaker's self-certification of age-appropriate immunizations, as provided on the application or eligibility redetermination form.
§ 3041.68. Verification of citizenship.
The eligibility agency shall accept as verification the parent's or caretaker's self-certification on the application regarding the citizenship of a child for whom subsidized child care is sought.
§ 3041.69. Verification of identity.
Acceptable verification of identity includes one of the following:
(1) Employer identification card.
(2) Military photo-identification card.
(3) Passport.
(4) Other verifiable photo-identification.
(5) Driver's license with or without a photograph.
(6) State-issued birth certificate.
(7) Certificate of naturalization.
(8) Certificate of United States citizenship.
(9) Registration receipt card.
(10) Valid or expired Pennsylvania learner's permit.
(11) Social Security card.
(12) Marriage license, divorce decree or court order for a name change.
(13) Marriage record that contains the date of birth.
(14) Voter's registration card.
(15) Collateral contact as specified in § 3041.62 (relating to collateral contact).
(16) Written self-declaration by the parent or caretaker, as specified in § 3041.63 (relating to self-declaration).
§ 3041.70. Verification of temporary inability to work.
(a) Verification of the parent's or caretaker's physical or mental disability must include an assessment by a physician, psychologist or other licensed health care professional that includes the following:
(1) The physical or mental condition causing the inability to work or to participate in an education or training program.
(2) How the condition causing the physical or mental disability prevents the parent or caretaker from providing care for the child.
(3) The date the parent or caretaker is expected to return to work or resume participation in an education or training program or the date the parent or caretaker will be able to care for the child.
(b) Subsidized child care eligibility shall continue for a maximum of 6 months if the conditions specified in subsection (a) are met.
§ 3041.71. Verification of permanent inability to work.
(a) The conditions specified in § 3041.70(a) (relating to verification of temporary inability to work) shall be met.
(b) The parent or caretaker with a physical or mental disability shall provide verification of disability payments from Social Security, Supplemental Security Income (SSI), Worker's Compensation, 100% of Veterans Disability or 100% of another type of work-related disability.
(c) If the parent or caretaker with the physical or mental disability does not receive income as specified in subsection (b), the parent or caretaker shall verify application for disability benefits for which he may be eligible.
ELIGIBILITY AGENCY RESPONSIBILITIES § 3041.81. Eligibility agency.
(a) The eligibility agency shall manage the subsidized child care program in part of a county, a single county or several counties.
(b) The eligibility agency may be either a prime contractor or a subcontractor designated in a prime contract.
§ 3041.82. Eligibility determination.
(a) The eligibility agency shall determine eligibility for subsidized child care as specified in this chapter.
(b) The eligibility agency may not impose eligibility conditions other than the conditions listed in this chapter.
(c) The eligibility agency may not require the parent or caretaker to select a particular provider or combination of providers as a condition of eligibility.
§ 3041.83. Confidentiality.
(a) The eligibility agency and its employees shall keep confidential the information in the family file and use that information only for purposes directly connected to the administration of their duties.
(b) Agents of the United States, the Commonwealth and the Department who are responsible for eligibility review, evaluation or audit functions shall 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.
(c) Disclosure of information beyond the scope of review, evaluation or audit functions performed by the agents requires the parent's or caretaker's informed and written consent.
(d) Information in the family file may be disclosed to the local CAO when necessary to ensure that funds are authorized appropriately.
(e) The eligibility agency shall assure the confidentiality of an individual who files an appeal or complaint about a family's receipt of subsidized child care for a child.
§ 3041.84. Family file.
(a) An eligibility agency shall establish and maintain a separate file for the family of each parent or caretaker who applies for subsidized child care.
(b) The family file shall contain documents pertaining to eligibility determination, redetermination, subsidized child care authorization, co-payment agreements and copies of written notices required by this chapter.
(c) A parent or caretaker or his authorized representative has a right to examine the family file.
§ 3041.85. Record retention.
(a) An eligibility agency shall retain family files, completed application forms, written notices, books, records and other fiscal and administrative documents pertaining to subsidized child care.
(b) Records shall be maintained for at least 7 years from the end of the fiscal year in which subsidized child care has been provided or until an audit or litigation is resolved.
§ 3041.86. Child abuse reporting.
The eligibility agency shall immediately report suspected child abuse in accordance with 23 Pa.C.S. §§ 6301--6385 (relating to the Child Protective Services Law) and Chapter 3490 (relating to protective services).
DOMESTIC VIOLENCE WAIVERS § 3041.91. General requirements.
(a) The eligibility agency shall grant a domestic violence waiver to a parent or caretaker who is the victim of past or present domestic violence or the threat of domestic violence.
(b) A domestic violence waiver shall be granted if compliance with a requirement of this chapter would either make it more difficult for a family or household member to escape domestic violence or place a family or household member at risk of domestic violence.
(c) The following requirements of this chapter may not be waived:
(1) Age of the child as specified in § 3041.12(b) and (c) (relating to provision of subsidized child care).
(2) Income limits as specified in § 3041.41 (relating to financial eligibility).
(3) Pennsylvania residency as specified in § 3041.42 (relating to residence).
(4) Citizenship as specified in § 3041.47 (relating to citizenship).
(5) The minimum number of hours of work, education or training as specified in § 3041.43 (relating to work, education and training), except for a parent or caretaker who meets the hours of work, education or training at the time of application. The parent or caretaker shall continue to participate in some but not all hours of work, education or training.
(d) If a parent or caretaker has been receiving subsidized child care and is unable to participate in work, education or training as a result of domestic violence or the threat of domestic violence, a waiver shall be granted and subsidized child care shall continue for as long as the parent or caretaker is unable to participate in work, education or training, subject to a maximum of 183 days.
(e) A waiver of the verification of the amount of income as specified in § 3041.64 (relating to verification of income) may not exceed 60 days.
(f) Except as specified in subsection (c), the eligibility agency may grant a domestic violence waiver for a maximum of 183 days.
(g) The eligibility agency shall review a domestic violence waiver every 183 days. If circumstances have not changed since the waiver was granted, a waiver granted under subsections (b) and (c) shall be renewed. A waiver granted under subsection (d) may not be renewed.
(h) The eligibility agency shall document the reasons for granting or denying the waiver on a form provided by the Department.
§ 3041.92. Alternate address or telephone number.
A parent or caretaker who is a victim of domestic violence may use an alternate address for receipt of mail or telephone number for receipt of telephone calls.
§ 3041.93. Time frame for waiver determinations.
The eligibility agency shall act on a parent's or caretaker's waiver request no later than 15 calendar days following the date the parent or caretaker requests the waiver.
§ 3041.94. Notice of waiver determination.
(a) The eligibility agency shall provide written notice to the parent or caretaker regarding the eligibility agency's determination to grant or deny a waiver request.
(b) If the waiver is granted, the notice shall include the following:
(1) The basis for granting the waiver.
(2) A statement that the eligibility agency will review the waiver circumstances every 183 days.
(c) If the waiver is denied, the notice shall include the following:
(1) The basis for the denial.
(2) The right to appeal the decision and how to appeal as specified in §§ 3041.162 and 3041.171 (relating to notice of right to appeal; and appealable actions).
(3) The verification the parent or caretaker shall submit for the eligibility agency to grant the waiver and the time frames in which the parent or caretaker must submit the verification.
(4) The evidence or information needed to substantiate the waiver request and the time frames in which the parent or caretaker shall provide the information.
CO-PAYMENTS AND PAYMENT BY THE DEPARTMENT § 3041.101. General co-payment requirements.
(a) The eligibility agency shall determine the amount of the parent's or caretaker's co-payment during the eligibility process based on the parent's or caretaker's actual or verified anticipated income and family size.
(b) A co-payment is established at an initial determination of eligibility for subsidized child care and reestablished at each successive redetermination of eligibility.
(c) The co-payment covers each child in the family who is receiving subsidized child care.
(d) The co-payment includes each day of the week for which the family establishes a need for child care.
(e) The co-payment is due on the first day of the family's first full service week and each week thereafter.
§ 3041.102. Department's payment.
(a) If the co-payment does not exceed the payment rate for care, the difference between the payment rate and the weekly co-payment is the Department's payment for subsidized child care.
(b) If the Department's weekly payment to the provider is less than $5, the family is not eligible for subsidized child care with that provider.
§ 3041.103. Adjusted co-payment for prospective work, education and training.
(a) Upon notification by the parent or caretaker of receipt of payment for employment, the eligibility agency shall:
(1) Complete a partial redetermination no later than 10 calendar days following notification.
(2) Adjust the family co-payment, if applicable, no later than 20 calendar days following the date the parent or caretaker reports the receipt of payment from employment.
(3) Provide notice to the parent or caretaker of the planned change in the co-payment.
(b) The parent or caretaker shall begin paying the adjusted co-payment starting the first day of the first full service week following the date the written notice is postmarked or hand-delivered to the parent or caretaker by the eligibility agency.
§ 3041.104. Parent or caretaker co-payment requirements.
(a) Except as provided in subsection (b), a parent or caretaker whose child is authorized for subsidy is required to pay a co-payment and an equivalent advance co-payment to the provider prior to enrollment in the subsidized child care program. Only the co-payment is due thereafter.
(b) A parent or caretaker who transfers from TANF shall pay a co-payment and an equivalent advance co-payment to the provider. The advance co-payment must be paid by the time of the first redetermination.
(c) If the co-payment is decreased as the result of a redetermination or partial redetermination, the parent or caretaker will begin paying the reduced co-payment on the first day of the service week following the date of the redetermination or partial redetermination.
(d) If the co-payment is decreased as the result of a redetermination or partial redetermination, the provider will refund to the parent or caretaker the difference between the current advance co-payment and the decreased co-payment on the first day of the service week following the redetermination or partial redetermination.
(e) If the co-payment is increased as the result of a redetermination or partial redetermination, the parent or caretaker shall begin paying the increased co-payment on the first service day of the week following the 10-day advance notice specified in § 3041.161(a) (relating to general notification requirements) advising the parent or caretaker of the co-payment increase. The parent or caretaker shall also pay an increased advance co-payment, which is the difference between the current and the increased co-payment.
(f) The co-payment is due on the first day of the service week.
(g) The advance co-payment is refunded upon termination of subsidy if the parent or caretaker has met applicable requirements in this chapter.
§ 3041.105. Delinquent co-payment.
(a) A co-payment is delinquent if it is not paid by the last day of the service week.
(b) On the day the provider reports the co-payment is delinquent, the eligibility agency shall notify the parent or caretaker in writing that action will be taken to terminate subsidy for the child.
(c) If a co-payment is delinquent, the first payment paid during a week is applied to the current week's co-payment. Subsequent payments during a week are applied to the delinquent co-payment.
§ 3041.106. Eligibility agency responsibilities.
(a) The eligibility agency shall generate notices based on delinquent co-payments.
(b) The eligibility agency shall send the provider a copy of each notice issued to a parent or caretaker whose child is enrolled with the provider.
(c) When a co-payment is reported to the eligibility agency as delinquent, the eligibility agency shall mail to the parent or caretaker, on a form provided by the Department, a written notice stating that service will be terminated 10 calendar days following the date of the written notice unless the delinquent co-payment is paid.
(1) If the parent or caretaker pays the delinquent co-payment within the 10-day adverse action period, subsidized child care will begin again on the date the delinquent co-payment is paid.
(2) If the parent or caretaker does not pay the delinquent co-payment within the 10-day adverse action period, subsidized child care will be terminated on the 11th day following the adverse action period.
(d) A family whose subsidy is terminated for failure to make required co-payments may not be reauthorized for subsidy until all outstanding co-payments have been paid in full.
(e) The eligibility agency shall retain a copy of the termination notice.
§ 3041.107. Availability and use of the Federal Poverty Income Guidelines.
(a) The FPIG are used to determine the income limits and co-payments for subsidized child care.
(b) Following annual publication of the FPIG, the Department will publish an updated co-payment chart in Appendix B (relating to co-payment chart family co-payment scale based on the 2004 Federal poverty income guidelines) through a notice in the Pennsylvania Bulletin.
(c) Except for child care provided under § 3041.51 (relating to Head Start expansion program), the eligibility agency shall inform each parent or caretaker of the dollar amount that is equivalent to 235% of FPIG as specified in Appendix B and shall explain that 235% and the specific dollar figure are the highest annual income amount permitted to receive subsidized child care.
§ 3041.108. Co-payment for families headed by a parent.
(a) For families headed by a parent, the family co-payment shall be determined based on the following:
(1) The family size and family income, as specified in §§ 3041.31--3041.34.
(2) The co-payment shall be at least $5, unless waived as specified in §§ 3041.44(a) and 3041.91(c) (relating to prospective work, education and training; and general requirements).
(3) The family's annual co-payment may not exceed 11% of the family's annual income.
(4) If the family's annual income is 100% of FPIG or less, the annual co-payment may not exceed 8% of the family's annual income.
(b) The eligibility agency shall determine the co-payment by using the co-payment chart in Appendix B (relating to co-payment chart family co-payment scale based on the 2004 Federal poverty income guidelines). The co-payment is calculated in $5 increments for each $2,000 of annual income.
(c) If a family has only one child who is enrolled in school and who receives a total of fewer than 5 hours daily of before or after-school care, the family shall pay one-half the weekly co-payment specified in Appendix B.
(d) If the co-payments for 1 month are equal to or exceed the monthly payment for care, the family is not eligible for subsidized child care with that provider.
§ 3041.109. Co-payment for families headed by a caretaker.
(a) A family headed by a caretaker shall be charged the minimum co-pay for a family of its size under the co-payment chart in Appendix B (relating to co-payment chart family co-payment scale based on the 2004 Federal poverty income guidelines) regardless of the family's income.
(b) When a family is headed by a parent who is also the caretaker for another child for whom subsidy is requested, the eligibility agency shall determine the family co-payment as specified in § 3041.108(a) (relating to co-payment for families headed by a parent).
(c) If the co-payments for 1 month are equal to or exceed the monthly payment for care, the family is not eligible for subsidized child care with that provider.
ELIGIBILITY DETERMINATION AND REDETERMINATION § 3041.121. Application.
(a) The eligibility agency shall make applications for subsidized child care available to any person upon request.
(b) A signed application for subsidized child care under this chapter may be filed by a parent or caretaker on any day and at any time that the eligibility agency is open for business.
(c) A parent or caretaker may submit an application by mail, hand-delivery, facsimile or electronically.
§ 3041.122. Initial determination of eligibility.
(a) The eligibility agency shall stamp the date of receipt on the signed application on the same day the eligibility agency receives the application by mail, hand-delivery, facsimile or electronically.
(b) The eligibility agency shall determine a family's eligibility and authorize payment for subsidized child care no later than 10 calendar days following verification of all factors of eligibility. The eligibility agency may not delay a determination of eligibility beyond 30 calendar days following receipt of a signed application from the parent or caretaker.
(c) The eligibility agency shall determine a family eligible retroactive to the date the family submitted a signed application if the verification provided by the parent or caretaker establishes eligibility.
§ 3041.123. Effective date of coverage.
(a) If the eligibility agency determines a family eligible for subsidized child care and if funding is available, coverage of child care costs is retroactive to the date the family submitted a signed application.
(b) If the eligibility agency places a child on a waiting list following the determination of eligibility, coverage of child care costs must begin on the date funding is available.
§ 3041.124. Notification of parent, caretaker and child care provider.
(a) The eligibility agency shall notify the parent or caretaker of the family's eligibility status within 30 calendar days of receiving a signed application.
(b) If the eligibility agency determines a family eligible for subsidized child care, the eligibility agency shall notify the family's child care provider of the family's eligibility status.
§ 3041.125. Period of eligibility.
A family receiving subsidy remains eligible until determined ineligible, providing the parent or caretaker meets the reporting requirements as specified in § 3041.127 (relating to parent and caretaker report of change).
§ 3041.126. Face-to-face interview.
(a) If the eligibility agency determines a family eligible for subsidized child care and if funding is available, the parent or caretaker shall attend a face-to-face interview with the eligibility agency no later than 30 calendar days following the date the eligibility agency reviews the family's application for subsidized child care.
(b) If the eligibility agency determines a family eligible for subsidized child care and if funding is not available at the time of the eligibility determination, the parent or caretaker shall attend a face-to-face interview with the eligibility agency no later than 30 calendar days following the date the first child from a family is enrolled in subsidized child care.
(c) The eligibility agency shall accommodate the parent's or caretaker's work hours in scheduling the interview.
(d) The eligibility agency may extend the 30-day time frame for the face-to-face interview based upon hardship, such as conflicts with the parent's or caretaker's working hours, transportation problems or illness of the parent or caretaker or another family member.
§ 3041.127. Parent and caretaker report of change.
(a) A parent or caretaker may report a change in circumstances whenever a change occurs.
(b) A parent or caretaker shall report the following changes to the eligibility agency no later than 10 calendar days following the date of the change:
(1) Loss of employment or self-employment, including layoffs or strikes.
(2) Decrease in the hours of work, education or training below an average of 20 hours per week.
(3) For a parent, an increase in monthly gross family income of $300 or more or an increase that causes the family's annual income to exceed 235% of the FPIG. For a caretaker, an annual gross family income increase to 235% or more of the FPIG.
(4) Onset of maternity, paternity or adoption leaves and return to work following leave.
(5) Onset of a physical or mental disability and return to work following disability.
(6) Change of address.
(7) Change in family composition.
§ 3041.128. Review of changes.
If the parent or caretaker reports either of the following changes, the eligibility agency shall review the change and may complete a partial redetermination as specified in § 3041.129 (relating to partial redetermination based on reported changes):
(1) A decrease in family income, including earned income from employment or self-employment.
(2) The start, resumption or end of an education or training program.
§ 3041.129. Partial redetermination based on reported changes.
(a) The eligibility agency shall complete a partial redetermination of eligibility if the parent or caretaker reports a change as specified in § 3041.127 (relating to parent and caretaker report of change).
(b) The partial redetermination shall be completed by the eligibility agency no later than 10 calendar days from the date the parent or caretaker reports and verifies a change.
(c) The eligibility agency shall establish a new redetermination date to review eligibility if the information obtained during a partial redetermination indicates one of the following:
(1) The family's financial or nonfinancial status is expected to change in a manner that affects eligibility or co-payment.
(2) A parent or caretaker is physically or mentally disabled and the disability is anticipated to end prior to the family's redetermination date.
(3) A parent's or caretaker's employment is seasonal or temporary.
(4) A parent's or caretaker's education program ends prior to the family's redetermination date.
(5) A parent or caretaker begins maternity, paternity or adoption leave or a parent's or caretaker's maternity, paternity or adoption leave changes or ends prior to the family's redetermination date.
(6) A waiver of eligibility or verification requirement is granted due to domestic violence as specified in § 3041.91 (relating to general requirements).
(d) If a parent or caretaker reports a change in the factors affecting financial or nonfinancial eligibility that does not cause a change in the co-payment or in the eligibility determination, the eligibility agency is not required to complete a partial redetermination.
(e) The eligibility agency shall retain in the family file the information used in the partial redetermination.
(f) If the parent or caretaker reports a change that results in the family or a child in the family becoming ineligible for subsidy, the eligibility agency shall take the necessary steps to terminate the subsidy with proper notification to the family, under § 3041.165 (relating to notice of adverse action).
§ 3041.130. Redetermination of eligibility.
(a) The eligibility agency shall complete a redetermination of eligibility every 6 months and establish the family's next redetermination date.
(b) Prior to the redetermination, the eligibility agency shall do the following:
(1) Provide the parent or caretaker with the Department's form listing the following information last reported for each parent, stepparent, caretaker or child in the family:
(i) Earned income.
(ii) Unearned income.
(iii) Hours of work, education and training.
(iv) Family composition.
(v) Address.
(vi) Reasons for granting a domestic violence waiver by the eligibility agency as specified in § 3041.91 (relating to general requirements).
(2) Request that the parent or caretaker verify the family's current earned income.
(3) Verify the following factors only if the parent or caretaker reports a change:
(i) Unearned income.
(ii) A decrease in hours of work, education or training to fewer than 20 hours per week.
(iii) Family composition.
(iv) Address.
§ 3041.131. Procedures for redetermination.
(a) No earlier than 6 weeks prior to redetermination, the eligibility agency shall send the family a form that lists the factors that will be reviewed for the redetermination of eligibility and explain the verification that will be needed to complete the redetermination.
(b) If the parent or caretaker submits only some of the required verification elements prior to the redetermination, the eligibility agency shall request in writing that the parent or caretaker submit the additional verification no later than the family's redetermination date.
(c) The eligibility agency shall retain a copy of the notification in the family file.
(d) The eligibility agency shall send a written notice to the parent or caretaker regarding failure to provide required verification only after the family's redetermination date.
(e) The eligibility agency shall require the parent or caretaker to complete, sign, and either mail, hand-deliver or fax the applicable form at each redetermination.
§ 3041.132. Voluntary request to terminate subsidized child care.
(a) A parent or caretaker may request the eligibility agency to terminate subsidy.
(b) Upon receipt of a request to terminate subsidy, the eligibility agency shall take steps to terminate the family's eligibility.
(c) The eligibility agency shall notify the parent or caretaker as specified in § 3041.166 (relating to notice confirming voluntary withdrawal).
§ 3041.133. Waiting list.
(a) If funds are not available to enroll a child following determination of the family's eligibility for subsidy, the eligibility agency shall place an eligible child on a waiting list on a first-come, first-served basis. Placement on the waiting list must be determined by the date and time eligibility for the child was determined.
(b) If a parent or caretaker requests subsidized child care for an additional child following the date the family was initially determined eligible for subsidized child care, the additional child shall be placed on the waiting list according to the date and time that the parent or caretaker requests care for the additional child.
(c) If a parent or caretaker does not select an eligible provider and enroll the child for child care no later than 30 calendar days following the date funding is available, the child will not be eligible for subsidy and will be removed from the waiting list.
(d) If a family was determined eligible and placed on the waiting list more than 6 months prior to the date that funding became available to enroll the child in subsidized child care, the eligibility agency shall complete a redetermination prior to enrollment and confirm that the family is eligible for subsidized child care.
TANF AND FORMER TANF FAMILIES § 3041.141. General provisions.
(a) Families who are no longer eligible for TANF and meet the eligibility requirements specified in this chapter may qualify for subsidized child care.
(b) The eligibility agency shall review the information received from the CAO about a parent or caretaker who formerly received TANF benefits.
(c) The eligibility agency shall determine the date TANF benefits ended and establish the 183-day period, after eligibility for TANF ends, within which the parent or caretaker may receive child care benefits.
(d) Eligibility shall begin the day following the date TANF benefits ended and shall continue for 183 consecutive days.
(e) The parent or caretaker may request child care benefits at any time during the 183-day period after eligibility for TANF ended.
§ 3041.142. General requirements for former TANF families.
(a) During the 183-day period after eligibility for TANF ended, a parent or caretaker shall meet only the following conditions:
(1) The parent or caretaker shall be working.
(2) The parent's or caretaker's annual income may not exceed 235% of the FPIG.
(3) The parent or caretaker shall establish a need for child care to work.
(4) The parent or caretaker shall select an eligible child care provider as specified in § 3041.13(a) (relating to parent choice).
(5) The parent or caretaker shall make timely payment of the co-payment as specified in § 3041.101 (relating to general co-payment requirements).
(b) A former TANF parent or caretaker who is transferred to the eligibility agency by the CAO or who applies for subsidized child care during the 183-day period after eligibility for TANF ended as specified in subsection (a), may not be placed on a waiting list.
(c) On the 184th day after eligibility for TANF ended, the period of former TANF eligibility ends and the parent or caretaker shall meet the requirements of this chapter.
(d) On the 184th day after eligibility for TANF ended, the eligibility agency shall complete a redetermination of eligibility and establish the family's next redetermination date.
§ 3041.143. Notification.
(a) If the eligibility agency determines that a parent or caretaker was receiving child care on the date TANF benefits ended, the eligibility agency shall notify the parent or caretaker by letter of the following:
(1) The parent or caretaker is eligible for subsidized child care benefits for the 183-day period after eligibility for TANF ends, but will be subject to a redetermination of eligibility on the 184th day after eligibility for TANF ended.
(2) The parent or caretaker shall contact the eligibility agency to establish that the parent or caretaker continues to need child care.
(b) If the eligibility agency determines that a parent or caretaker was not receiving child care or cannot determine whether the parent or caretaker was receiving child care on the date TANF benefits ended, the eligibility agency shall notify the parent or caretaker by letter of the following:
(1) The parent or caretaker may be eligible for child care benefits.
(2) The parent or caretaker may contact the eligibility agency if child care is needed during the 183-day period after eligibility for TANF ended.
(3) Eligibility for subsidized child care is assured if the minimum requirements specified in § 3041.142 (a) (relating to general requirements for former TANF families) are met.
§ 3041.144. Face-to-face interview for former TANF families.
(a) When the parent or caretaker contacts the eligibility agency in response to the letter specified in § 3041.143(a) (relating to notification), the eligibility agency shall inform the parent or caretaker of the requirement to attend a face-to-face interview with the eligibility agency. The face-to-face interview shall occur no later than 30 calendar days following the date of the letter.
(b) When the parent or caretaker contacts the eligibility agency in response to the letter specified in § 3041.143(b), the eligibility agency shall schedule a face-to-face interview with the parent or caretaker. The eligibility agency may substitute a telephone contact for a face-to-face interview if a face-to-face interview cannot be scheduled without the parent or caretaker losing work time.
(c) To maintain continuous child care payment from the day following the date TANF benefits ended, the parent or caretaker shall attend a face-to-face interview or participate in a telephone contact with the eligibility agency as specified in § 3041.145 (relating to self-declaration and reporting).
§ 3041.145. Self-declaration and reporting.
At the time of the parent's or caretaker's face-to-face interview with the eligibility agency or at the time of telephone contact by the eligibility agency with the parent or caretaker, the eligibility agency shall:
(1) Require the parent or caretaker to self-declare the following:
(i) The parent or caretaker needs child care to work, the employer's name and the hours worked.
(ii) Facts in the TANF transfer information regarding family address, family size and income are accurate.
(iii) The family is financially eligible as specified in § 3041.142(a) (relating to general requirements for former TANF families).
(2) Advise the parent or caretaker of the requirement to report the following:
(i) Loss of employment or self-employment.
(ii) Change in family composition.
(iii) Increase in monthly gross family income of $300 or more or an increase that causes the family's annual income to exceed 235% of the FPIG for a parent.
(iv) Increase in annual gross family income to exceed 235% or more of the FPIG for a caretaker.
(3) Advise the parent or caretaker that an eligibility determination shall be completed by the eligibility agency as specified in § 3041.142(b).
(4) Collect information regarding the parent's or caretaker's choice of child care provider or help the parent or caretaker to locate an eligible child care provider.
§ 3041.146. Failure to contact the eligibility agency.
(a) If a parent or caretaker who was receiving child care on the date TANF benefits ended fails to contact the eligibility agency in response to the letter specified in § 3041.143(a) (relating to notification), the eligibility agency shall contact the parent or caretaker by telephone no later than 31 calendar days following the date of the letter.
(b) When the eligibility agency contacts the parent or caretaker as specified in subsection (a), the eligibility agency shall determine the following:
(1) The parent's or caretaker's choice to meet the contact requirement using a telephone contact or participating in a face-to-face interview.
(2) The parent's or caretaker's continuing need for child care.
(c) If the eligibility agency determines that the parent or caretaker was not receiving child care or cannot determine whether the parent or caretaker was receiving child care on the date TANF benefits ended, the eligibility agency may not authorize payment for child care benefits until the date the parent or caretaker contacts the eligibility agency and requests benefits.
(d) If a parent or caretaker who was receiving child care on the date TANF benefits ended does not attend a face-to-face interview as specified in § 3041.144(a) (relating to face-to-face interview for former TANF families), the eligibility agency shall contact the parent or caretaker by telephone no later than the day following the date the parent or caretaker failed to attend the face-to-face interview to determine the information specified in subsection (b).
§ 3041.147. Payment authorization.
(a) The eligibility agency shall review a request from a parent or caretaker to authorize child care payment at any time during the 183-day period after eligibility for TANF benefits ended.
(b) The eligibility agency shall authorize child care payment at any time during the 183-day period after eligibility for TANF ended.
(c) 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.
§ 3041.148. Retroactive payment.
(a) If the eligibility agency authorizes payment for a parent or caretaker who was receiving child care on the date TANF benefits ended, the authorization shall be retroactive to the day following the date TANF benefits ended.
(b) If the eligibility agency determines that the parent or caretaker was not receiving child care or cannot determine whether the parent or caretaker was receiving child care on the date TANF benefits ended, the eligibility agency shall require the parent or caretaker to submit verification of child care costs incurred during the 183-day period after eligibility for TANF ended.
(c) The eligibility agency shall authorize payment for the parent or caretaker specified in section (b) retroactive to the day following the date the parent or caretaker first incurred child care expenses.
(d) The eligibility agency shall inform the parent or caretaker that the parent or caretaker shall select an eligible provider within 30 calendar days as specified in § 3041.13 (relating to parent choice), if the parent or caretaker had selected an ineligible provider.
§ 3041.149. Transfer from other states.
(a) A parent or caretaker who received TANF benefits in another state and applies for subsidized child care is eligible if the parent or caretaker meets the following conditions:
(1) The parent or caretaker applies within 183 days after TANF benefits ended.
(2) The parent or caretaker meets the requirements specified in § 3041.142 (relating to general requirements for former TANF families).
(b) The eligibility agency shall determine the date TANF benefits ended in the other state and establish eligibility for the 183-day period after eligibility for TANF ended as specified in § 3041.141 (relating to general provisions).
§ 3041.150. Expiration of TANF benefits.
(a) A parent or caretaker who reaches the 5-year TANF expiration date and is no longer eligible for TANF is eligible for 60 calendar days of subsidized child care to seek employment.
(b) The eligibility agency shall determine the date TANF benefits ended and establish the period of former TANF eligibility as specified in § 3041.141 (relating to general provisions).
(c) The parent or caretaker may apply at any time during the 183-day period after eligibility for TANF ended.
(d) Notwithstanding subsection (a), the maximum period of eligibility under this section is 183 days.
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