RULES AND REGULATIONS
Title 55--PUBLIC WELFARE
DEPARTMENT OF PUBLIC WELFARE
[55 PA. CODE CHS. 168 AND 3040]
Subsidized Child Day Care Eligibility
[30 Pa.B. 1743] The Department of Public Welfare (Department), by this order, adopts amendments to Chapters 168 and 3040 (relating to transitional child care; and subsidized child day care), under the authority of Articles II, IV and VII of the Public Welfare Code (62 P. S. §§ 201--211, 401--493 and 701--703), and Title VI of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA), Pub. L. No. 104-193, known as the Child Care and Development Block Grant (CCDBG) (42 U.S.C.A. §§ 9858--9858q).
Proposed rulemaking is omitted because the amendments relate to Commonwealth grants and benefits. See section 204(1)(iv) of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § 1204(1)(iv)) (CDL). In addition, proposed rulemaking is omitted as unnecessary and contrary to public interest because these changes increase benefits to many families who are eligible for the subsidized child care program and make additional families eligible upon publication on or after April 1, 2000. See section 204(3) of the CDL. Therefore, the Department finds proposed rulemaking as unnecessary and contrary to public interest. By omitting proposed rulemaking, many families will receive increased benefits sooner.
Purpose of Amendments
Chapter 168--These amendments will change certain sections of Chapter 168 relating to the determination of the family co-payment and the parent's verification of child care costs. The family's co-payment will not increase between redeterminations based solely on increases in income. The child care provider may submit an invoice directly to the County Assistance Office (CAO) for payment of child care costs instead of the provider submitting the invoice to the parent for submission with the parent's monthly reporting form. Both changes will permit more timely payment to child care providers participating in the Department's child care vendor payment system.
Chapter 3040--These amendments will change certain sections of Chapter 3040 by increasing the income limits for low-income families to qualify for a child care subsidy at initial application; revising the weekly co-payment schedule; changing the reporting requirements for former welfare and low-income working families; and increasing teen parents' access to subsidized child care.
Background
The current regulations for subsidized child care are codified in Chapters 168 and 3040. They became effective on February 1, 1999, and were amended effective February 1, 2000, at 29 Pa.B. 6242 (December 11, 1999). Chapter 168 establishes eligibility criteria for child care benefits for families who are receiving cash assistance benefits under the Temporary Assistance for Needy Families (TANF) Program. Chapter 3040 establishes eligibility criteria for families who formerly received cash assistance and for other low-income working families.
The regulations adopted at 29 Pa.B. 271 (January 1, 1999) effective February 1999 set forth the rules for a coordinated child care system called Child Care Works. Child Care Works provides subsidized child care to families who receive TANF benefits, those transitioning off TANF, and low-income working families, by using similar rules and procedures to provide a continuum of child care benefits to these families. Child Care Works included elimination of the income disregard system for TANF families; elimination of the 12-month limit for child care benefits for former TANF families; increased co-payments for former TANF and low-income working families; and a lower income limit for families to receive subsidized child care. In addition, one of the Department's goals in implementing Child Care Works was to reduce the number of children of low-income working families on the Statewide waiting list and the time that eligible children spend on the waiting list before receiving subsidized child care.
Since some of the changes in Child Care Works reduced benefits to some low-income working families who were receiving subsidized child care, the Department made a commitment to monitor the impact of the subsidized child care eligibility regulations on all families receiving subsidized child care. After monitoring the impact of the regulations, the Department noted a reduction in the Statewide waiting lists and observed large increases in the number of children receiving a child care subsidy. Even with more children being served, the Department determined that it had adequate resources to make modest changes to the subsidized child care program without jeopardizing the progress made in meeting the needs of families who are eligible for subsidized child care or returning to long waiting lists. These changes were promulgated at 29 Pa.B. 6242.
The Department continued its monitoring efforts and determined that the demand for subsidized child care from eligible low-income working families has leveled off. Also, in all but a few counties, waiting lists were eliminated, resulting in children waiting no more than a few weeks to receive a subsidy. The stabilization of the demand for subsidized child care and reduction of the waiting lists resulted in more funds being available for the subsidized child care program to serve additional children or make program revisions, or both.
In addition to monitoring the impact of the subsidized eligibility regulations, the Department heard concerns from child care providers caring for children of TANF families that delays in the TANF payment system result in hardships to many child care providers. In reviewing the providers' concerns, the Department noted unintended consequences of waiting for monthly reporting income calculations for TANF families in order to determine the child care co-payment. These calculations are frequently delayed several months while CAO staff await complete information from TANF families. Since these monthly calculations result in changes to the family co-payment, which determines the payment to child care providers, the payments to providers are delayed. The Department determined that the stabilization of the amount of the family's co-payment will enable regulated providers participating in the Department's vendor payment system to be paid more quickly.
The Department determined that because the demand for subsidized child care has stabilized, there are adequate resources to provide benefits to more families in the subsidized child care program, expand the benefits to families who are receiving subsidized child care, and still meet the child care needs of TANF, former TANF and low-income working families without substantially increasing the waiting lists.
To that end, the Department will:
* Expand the number of families who are eligible for subsidized child care by raising the income limit for families at initial application from 185% of the Federal Poverty Income Guidelines (FPIG) ($25,678 for a family of three) to 200% of the FPIG ($27,760 for a family of three).
The Department determined that resources are available to serve additional families with an income between 185% and 200% of the FPIG who are currently ineligible for subsidized child care. The Department selected 200% of the FPIG as the entry level for subsidized child care based on data from estimates of the number of families in the general population that will need and be eligible for subsidized child care. By increasing the income limit for initial eligibility for subsidized child care, the Department will be able to provide for a child care subsidy to approximately 10,500 additional children annually.
* Revise the standards for determining the amount of the co-payment by lowering the cap on the percentage of annual income a family would be required to pay as the co-payment, from 13.5% to 11.0% at 235% of the FPIG and from 10% to 8% at 100% of the FPIG. As a result, the weekly co-payment will decrease by $5 to $15 per week for nearly 90,000 families who are receiving subsidized child care and pay more than the minimum co-payment of $5 per week. In addition, the Department is revising the co-payment structure by increasing the income brackets from $1,650 to $2,000 annually. Each increase in income which puts a family in a higher income bracket results in a $5 per week increase in co-payment.
The Department is revising the co-payment schedule because it has the resources available to lower the co-payment amounts for families, which provides families with more available income to meet their living expenses. Also, the Department is revising the co-payment schedule so that a family is able to realize a larger increase in income without being assessed a higher weekly co-payment.
* Change the requirements for reporting increases in earned income to reduce the amount of time a parent spends in reporting changes and simplify the administrative process for eligibility agents. To accomplish this change, the Department has determined that an increase in earned income that does not reflect a change in employment for TANF families, former TANF families and low-income working families will not result in a higher co-payment until the next redetermination. However, if the parent reports a decrease in income and requests a reevaluation of the weekly co-payment, the eligibility agent will recalculate the amount of the co-payment based on the decrease in income. If the recalculation results in a decrease in the parent's co-payment, the decrease in co-payment will be implemented without a redetermination of the family's eligibility.
The Department is changing the income reporting requirement. The current regulations require parents to report each change in earned income, which may result in changes in their co-payment. The Department anticipates that eliminating the requirement to report every increase in earnings will reduce the time parents spend reporting changes to the eligibility agent and the administrative process of assessing and collecting co-payments. The new regulations stabilize the co-payment amount in between redeterminations. This change, along with other procedural changes in the CAO, will result in more timely payments to child care providers who are participating in the Department's vendor payment system and who serve TANF children. The regulation change also simplifies the administrative process of assessing and collecting co-payments.
* Change the eligibility requirements for a teen parent living at home with her mother or father, or both. With this change, a teen parent can apply for subsidized child care for her child without her parents' cooperation in the eligibility process.
In February 1999, the Department changed the subsidized child care regulations for teen parents who were not receiving TANF benefits to mirror the eligibility requirements for TANF benefits. Those eligibility requirements required teen parents to remain in school and reside with a responsible adult. Those requirements also mandated consideration of the circumstances of the teen parent's parents to receive TANF benefits. The subsidized child care regulatory change in February 1999 produced unintended consequences. The Department did not anticipate that many grandparents would not cooperate in the eligibility determination process to allow their teen parent's child to receive subsidized child care. Since February 1999, the Department has noted a decrease in the number of teen parents who apply for and receive subsidized child care.
The change in these regulations allow for a teen parent to be determined eligible for a child care subsidy without the consideration of the income of the teen parent's parents and availability of the grandparents to provide child care while the teen parent pursues an education program. In addition, teen parent's parents do not need to comply with the 25-hour-per-week work requirement. The new regulations provide that when determining a teen parent's eligibility for child care subsidy, the eligibility agent will consider only the teen parent's circumstances.
The Department wants teen parents to stay in school to get their high school diploma or pursue a General Equivalency Diploma (GED). A teen parent who has child care is more likely to remain in school. An individual with a high school diploma or GED is more likely to be employed and more likely to obtain employment at higher pay than an individual who has not completed high school. A teen parent who stays in school is also less likely to have subsequent unplanned pregnancies. The Department is making the regulatory change to assure that teen parents have access to subsidized child care.
Purpose of the Final-Form Regulations
The purpose of the final-form regulations is to increase the initial income limits for a family to qualify for the subsidized child care program from 185% to 200% of the FPIG; to cap the percentage of annual income a family pays as the co-payment at 11%; to stabilize a family's co-payment between redeterminations by not reevaluating the family's co-payment with each increase in earned income; and to provide increased access to a child care subsidy for teen parents as they pursue a high school diploma or a GED.
Summary of Changes
There are two changes in Chapter 168: 1) the TANF parent is not required to verify child care costs on a monthly basis; and 2) a TANF parent's co-payment will not increase during the period between eligibility redeterminations based solely on increases in income.
There are four changes in Chapter 3040: 1) an increase in the initial income eligibility limits from 185% of the FPIG to 200% of the FPIG for a family to qualify for the subsidized child care program; 2) a revised co-payment schedule that increases the income brackets between co-payment levels from $1,600 to $2,000 for each additional $5 increase in co-payment and reduces the percentage of family income used to pay the assessed co-payment, which reduces the weekly co-payment for families; 3) stabilization of the family co-payment during the period between eligibility redeterminations, which is achieved by changing the requirement of the family to report increases in earned income not associated with a change in employment status; and 4) a change in the eligibility requirements for subsidized child care for teen parents who are completing high school or getting their GED and who are living with their parents.
Chapter 168 Verification Requirements
Current Regulations--The current regulations require child care costs to be verified monthly by the parent.
New Regulations--Section 168.41(3). The Department is deleting the word ''parent,'' which results in allowing verification of child care costs to be provided by the child care provider.
Co-payment Stabilization
Current Regulations--The current regulations state that actual income as reported on the monthly reporting form, for the prior month, is used to establish the co-payment for the following month; that the TANF grant is excluded as countable income when prospectively determining the co-payment; and actual income is used to calculate the co-payment for each month of retroactive benefits.
New Regulations--Section 168.74. The Department is revising this section to allow the co-payment to be stabilized between redeterminations. The Department is revising paragraph (1) to clarify that the TANF grant is excluded as countable income in the second month after the first pay is received, when determining the co-payment. The Department is adding language in paragraph (2) to provide that in the third month in which pay is received, the co-payment is calculated using anticipated income and the TANF grant adjusted for earnings. The co-payment will not change during the eligibility redetermination period unless a client reports a change in the client's employment or the client requests a review of the co-payment amount. The Department is also revising this section to state that when a client requests retroactive child care benefits or the CAO authorizes retroactive child care benefits, the co-payment for each retroactive month will be determined using actual income in the month of application, rather than the actual income as reported on the monthly reporting form.
Chapter 3040 Income Limit
Current Regulations--Sections 3040.32(f) and 3040.63(c) (relating to financial eligibility; and calculating a co-payment) provide that a family is ineligible for child care subsidy at initial determination of eligibility if the annual family income exceeds 185% of the FPIG.
New Regulations--The Department is revising §§ 3040.32(f) and 3040.63(c) to provide that a family is ineligible for child care subsidy at initial determination of eligibility if the annual family income exceeds 200% of the FPIG.
Determining Eligibility of a Teen Parent
Current Regulations--Section 3040.28(1) now provides that when a minor parent applies for subsidized child care, the family composition used to determine eligibility includes the parents and siblings of the minor parent.
New Regulation--The Department is deleting § 3040.28(1)(ii) (relating to composition of a family). The family composition that will be used to determine eligibility for subsidized child care will be the same regardless of the age of the parent applying for child care subsidy. The word ''minor'' has been deleted throughout the chapter to coincide with the deletion of § 3040.28(1)(ii). These related deletions appear in § 3040.34(a)(1), (4) and (6); § 3040.38(a); § 3040.40(a) and (b); § 3040.52(d)(8) and Appendix A, Part II, D.
Note: There is no change in the requirement that a parent under age 18 must be pursuing a high school diploma or GED to quality for a subsidy. The Department is adding § 3040.34 to permit parents age 18 to 22 to pursue a high school diploma and be eligible for subsidized child care.
Reporting Requirements
Current Regulation--The current regulation in § 3040.35(1) and (3) (relating to reporting changes) requires a parent to report a change in the amount of income from employment.
New Regulation--The Department is modifying the reporting requirements in § 3040.35(1) and (3) to provide that the parent need not report an increase in the amount of earned income if the parent did not change jobs and the child care needs remain the same.
Co-payments
Current Regulation--The current regulation in § 3040.63(a)(3) (relating to calculating a co-payment) provides that a family's annual co-payment may not exceed 13.5% of the family's annual income. Section 3040.63(a)(4) provides that the co-payment may not exceed 10% of the family's annual income if that income is 100% or less of the FPIG. Section 3040.63(d) provides annual income limits of 185% of the FPIG at initial determination of eligibility and 235% of the FPIG at redetermination of eligibility. The co-payment in Appendix B is calculated in $5 increments for each $1,650 of annual income.
New Regulation--The new regulation provides for a revision in the co-payment schedule. Section 3040.63(a)(3) provides that if a family's annual income exceeds 100% of the FPIG and does not exceed 235% of the FPIG, the co-payment may not exceed 11% of the family's annual income. Section 3040.63(a)(4) provides that if a family's annual income is 100% of the FPIG or less, the co-payment may not exceed 8% of the family's annual income. Section 3040.63(d) provides that if the annual income for the family does not exceed 200% of the FPIG at initial determination of eligibility or does not exceed 235% of the FPIG at redetermination of eligibility and the family is otherwise eligible, the eligibility agent shall determine the co-payment by using Appendix B. The weekly co-payment in Appendix B is calculated in $5 increments for each $2,000 of annual income. The Department is also revising the co-payment chart at Appendix B to reflect these changes.
Additional Changes
The Department made stylistic revisions in §§ 3040.3, 3040.34(a)(3) and 3040.71(b)(2) (relating to definitions; nonfinancial eligibility; and general requirements regarding notification) to maintain consistency and form throughout the regulations.
Fiscal Impact
Public Sector Commonwealth--The Department will realize an increase in costs to the subsidized child care program of $20 million annually to implement the revisions to the current co-payment schedule, to increase the income limits at initial application for a family to qualify for subsidized child care and to increase the number of teen parents eligible for subsidized child care. The Department can make this change given the current funds available for subsidized child care and the additional $20 million in the Governors Proposed Budget for Fiscal Year 2000-01. These funds will enable the Department to expand services by an additional 7,000 slots for subsidized care, which will serve an additional 10,500 children on an annual basis; to continue services to children receiving subsidy; and to assure that no children are terminated from subsidy because of lack of available funds.
Political Subdivisions--Local governments will not have increased costs due to these final-form regulations.
Private Sector Child care providers who participate in the vendor payment system will receive more timely payments for TANF children,
Nearly 90,000 families will realize a decrease in their weekly co-payment amounts based on the new co-payment schedule. In addition, families will not realize increases in their co-payment as quickly when their annual income increases because the Department has expanded the income brackets from $1,650 to $2,000 annually for each $5 increment in co-payment. Families who are not receiving TANF are relieved of their responsibility to report increases in earned income (unless there is a job change) prior to their next eligibility redetermination.
General Public There will be a benefit to the general public. Approximately 10,500 children whose family income falls between 185% and 200% of the FPIG will be eligible for subsidized child care. Teen parents will be able to apply for subsidized child care without considering the circumstances of their parents. Teen parents who are eligible for subsidized child care will be able to continue their pursuit of a high school diploma.
Paperwork Requirements
The CAOs and the eligibility agents, who are Child Care Information Services (CCIS) agencies, will experience a temporary increase in paperwork because they will need to recalculate a co-payment for all families in the program upon adoption of this rulemaking. In addition, more families will be eligible for the subsidized child care program, which will result in the processing of additional applications and eligibility determinations.
There will also be some decrease in paperwork for those families that have a fluctuation in their earnings between redetermination dates because they will no longer be required to report increases in earned income within 10 days of the change occurring. This will lead to some decrease in paperwork for the CCIS agencies who will not have to recalculate co-payments for those families between redetermination dates.
Effective Date
The amendments are effective upon publication.
Sunset Date
No sunset date applies to these amendments.
Regulatory Review
Under section 5.1(c) of the Regulatory Review Act (71 Pa. S. § 745.5a(c)), on February 17, 2000, the Department submitted a copy of these final-omitted regulations to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the Senate Committee on Public Health and Welfare and the House Committee on Aging and Youth. On the same date, the final-omitted regulations were submitted to the Office of the Attorney General for review and approval under the Commonwealth Attorneys Act (71 P. S. §§ 732-101--732-506).
In accordance with section 5.1(d) and (e) of the Regulatory Review Act, these final-form regulations were deemed approved by the Committees on March 8, 2000, and were approved by IRRC on March 9, 2000.
Contact Person
The contact person for these final-omitted regulations is Kathryn J. Holod, Director, Bureau of Child Day Care Services, Bertolino Building, 4th Floor, Harrisburg, PA 17102, (717) 787-8691.
Findings
The Department finds that:
(1) Public notice of intention to adopt the administrative regulations by this order is omitted because the regulations relate to Commonwealth grants and benefits and is unnecessary and contrary to public interest under section 204(1)(iv) and (3) of the CDL and the regulations thereunder, 1 Pa. Code § 7.4(1)(iv) and (3).
(2) The adoption of these regulations in the manner provided in this order is necessary and appropriate for the administration and enforcement of the Public Welfare Code.
Order
The Department, acting under the Public Welfare Code, orders that:
(a) The regulations of the Department, 55 Pa. Code Chapters 168 and 3040, are amended by amending §§ 168.41, 168.74, 3040.3, 3040.28, 3040.32, 3040.34, 3040.35, 3040.38, 3040.40, 3040.52, 3040.63, 3040.71 and Appendices A and B, to read as set forth in Annex A to this order, with ellipses referring to the existing text of the regulations.
(b) The Secretary of the Department shall submit this order and Annex A to the Office of Attorney General and the Office of General Counsel for approval as to legality and form as required by law.
(c) The Secretary of the Department shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect upon publication.
FEATHER O. HOUSTOUN,
Secretary(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 30 Pa.B. 1707 (March 25, 2000).)
Fiscal Note: 14-466. (1) General Fund;
Child Care Services (Federal) Cash Grants Program (Federal) (2) Implementing Year 1999-00 is $ 8.20 million $1.99 million (3) 1st Succeeding Year 2000-01 is $32.7 million $7.97 million 2nd Succeeding Year 2001-02 is $32.70 million $7.97 million 3rd Succeeding Year 2002-03 is $32.70 million $7.97 million 4th Succeeding Year 2003-04 is $32.70 million $7.97 million 5th Succeeding Year 2004-05 is $32.70 million $7.97 million
Child Care Services--State Federal Cash Grants--State Federal (4) 1998-1999 $57.545 million $109.873 million $259.688 million $537.333 million 1997-1998 $47.717 million $101.627 million $373.388 million $500.059 million 1996-1997 $48.309 million $ 74.539 million $523.236 million $496.892 million (7) Child Care Services (Federal) and Cash Grants Program (Federal); (8) recommends adoption. Funds are available in the Department's budget to meet this increase in cost.
Annex A
TITLE 55. PUBLIC WELFARE
PART II. PUBLIC ASSISTANCE MANUAL
Subpart C. ELIGIBILITY REQUIREMENTS
CHAPTER 168. CHILD CARE
VERIFICATION § 168.41. Verification requirements.
The applicant or recipient is required, as a condition of eligibility, to cooperate in providing necessary information and verification to establish eligibility.
(1) Before authorizing the initial child care payment, the CAO will determine the following:
(i) Whether the child care is necessary to participate in a work-related activity.
(ii) The expected charge.
(iii) The date the service is needed by the participant.
(iv) The date that payment for the service is required under the provider's usual payment policy or practice.
(2) When the parent/caretaker provides verification to the CAO that indicates a change in eligibility, payment will be reduced, terminated or increased, as appropriate, upon issuance of appropriate notice to the parent/caretaker, in accordance with §§ 133.4 and 168.101 (relating to procedures; and appeal and fair hearing).
(3) Child care costs shall be verified monthly on a form specified by the Department or by a written statement signed by the provider or by a collateral contact by the CAO and the child care provider.
(4) A collateral contact will be used whenever necessary to ensure that payment is made in advance of the date that payment is required by the child care provider consistent with § 168.1(b)(3) (relating to policy on payment of child care). When a child care allowance is authorized based on a collateral contact with or by a written statement from the provider, verification of the charge for child care on a form specified by the Department shall be submitted to the CAO within 30 days of the first day child care costs were incurred. The CAO will assist the client, as needed, to obtain a completed verification form from the provider. Failure to provide verification within the specified time period could result in nonauthorization of the child care payment.
(5) Verification of factors other than cost relating to the need for child care shall consist of collateral contacts with, or written statements from, employers, prospective employers, physicians, licensed psychologists, school officials, training providers, or pay stubs. Information previously verified need not be reverified unless it is subject to change.
PAYMENT DETERMINATION § 168.74. Determining monthly child care co-payment.
The co-payment is determined for a month, based upon gross monthly income and budget group size, using the co-payment sliding fee scale in Chapter 3040, Appendix B. Gross monthly income is determined based on anticipated or actual amounts as determined in accordance with Chapter 183 (relating to income).
(1) The co-payment is waived for the calendar month in which the first pay is received or until the date of discontinuance due to a prospective determination of ineligibility, in accordance with § 168.71 (relating to monthly payment determination). In the second month, the co-payment is determined using anticipated income, excluding the TANF grant as countable income.
(2) In the third month, the co-payment is determined using anticipated income and the TANF grant adjusted for earnings. This co-payment is used prospectively until the next redetermination, or the client requests a review of the co-payment amount, or there is a change in employment.
(3) If retroactive benefits are requested, the co-payment for each retroactive month will be determined using the actual income in the month of application.
PART V. CHILDREN, YOUTH AND FAMILIES MANUAL
Subpart B. ELIGIBILITY FOR SERVICES
CHAPTER 3040. SUBSIDIZED CHILD DAY CARE ELIGIBILITY
INTRODUCTION § 3040.3. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Education program--An elementary school, middle school or high school program including a General Equivalency Diploma (GED) program.
* * * * *
GENERAL REQUIREMENTS § 3040.28. Composition of a family.
For the purpose of determining eligibility for child care subsidy, the following rules apply:
(1) A family includes the following individuals who live together:
(i) The child for whom subsidized child care is requested, the child's parent/caretaker.
(ii) The parent's/caretaker's spouse or live-in companion.
(iii) Biological, step or adoptive minor siblings of the child who are under 18 years of age, are not emancipated by marriage or by the court, or 18 years of age or older but under 22 years of age who are enrolled in a post-secondary program leading to a degree or diploma and who are wholly or partially dependent upon the income of the parent/caretaker and spouse or live-in companion of the parent/caretaker.
(iv) Biological, step or adoptive minor children of the parent/caretaker or live-in companion, or both.
(2) A foster child may be counted as either a separate family or as part of the foster family.
(3) A family whose parent/caretaker transfers from TANF is exempt from including the parent's/caretaker's live-in companion in the family for 6 months starting the day after the date TANF benefits end.
(4) An individual may not be included in more than one family unless the individual is a child who is in a shared custody arrangement and both families are seeking subsidized child care.
ELIGIBILITY REQUIREMENTS § 3040.32. Financial eligibility.
(a) The parent/caretaker shall provide paystubs indicating gross earned income for any 4 consecutive weeks within the most recent 6-week period for employed family members.
(b) Family members unable to provide paystubs because of exceptional employment circumstances shall provide documentation of earned income as follows:
(1) If paystubs are not available at the time of application because the employed family member has not been employed for 4 weeks, written documentation of anticipated gross earned income from the employer is sufficient evidence of earnings. The documentation is satisfactory until, but not after, the family member is employed for 8 consecutive weeks, at which time the family member shall present the paystubs.
(2) If income is received in cash, written employer documentation of gross earned income for 4 consecutive weeks within the most recent 6-week period is sufficient documentation.
(c) The eligibility agent shall require, and the parent/caretaker shall provide, documentation of all unearned family income unless specifically excluded in Appendix A, Part III (relating to income exclusions). See Appendix A, Part I (relating to income inclusions) which lists the unearned income included when computing the adjusted monthly income.
(d) The parent/caretaker shall seek all available income listed in Appendix A, Part I, except cash assistance.
(e) The parent/caretaker shall document all income deductions listed in Appendix A, Part II (relating to income deductions).
(f) The family is ineligible for child care subsidy at initial determination of eligibility if the annual family income exceeds 200% of FPIG.
(g) The family is ineligible for child care subsidy at redetermination if the annual family income exceeds 235% of FPIG.
§ 3040.34. Nonfinancial eligibility.
(a) A family shall meet the following nonfinancial eligibility conditions at each determination and redetermination of eligibility:
(1) The child shall need child care which coincides with the hours of the adult family members' employment or parent's education program.
(2) Each adult family member shall work for wages equal to or more than minimum wage. When calculating minimum wage, tips are included with hourly wages. The following groups of employes are exempt from the minimum wage requirement:
(i) Laborers on a farm.
(ii) Individuals granted a subminimum wage exception by the Department of Labor and Industry.
(3) Each adult family member shall have had at least 4 weeks of employment within the most recent 6-week period and shall work the number of hours required as follows. The eligibility agent may average the hours of employment in the 4-week period.
(i) The adult family members shall work at least 25 hours per week.
(ii) A parent/caretaker who transfers to the subsidized child care program from the TANF program shall be employed. The parent/caretaker has 6 months from the date his TANF benefits end to meet the requirement in subparagraph (i).
(iii) A parent under 22 years of age who is attending high school is exempt from work requirements.
(4) A parent who is under 18 years of age and who has not graduated from high school and does not have a GED shall be enrolled in an education program and attend on a full-time basis. Documentation of enrollment and attendance shall be on a form prescribed by the Department.
(5) The child shall need subsidized child care to permit uninterrupted sleep time necessary for the parent/caretaker to continue employment. The parent/caretaker shall document that the work shift ends between the hours of 2 a.m. and 9 a.m.
(6) A parent/caretaker shall certify that each child receiving subsidized child care has received age-appropriate immunizations or that each child is exempt from the immunization requirement based on the exceptions listed in § 3040.11(f) (relating to provision of subsidy). If the child does not have age-appropriate immunizations and is not exempt from immunization, the parent/caretaker has 90 days to obtain immunizations for the child and certify that the child has age-appropriate immunizations.
(b) A parent-caretaker shall provide the following documentation of nonfinancial eligibility for family members at the initial determination of eligibility:
(1) Proof that all family members are citizens of the United States, or aliens lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law. Proof may include a birth certificate, voter's registration card or a document provided by immigration and naturalization service.
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