[35 Pa.B. 3491]
[Continued from previous Web Page] § 3041.66. Verification of residence.
Acceptable verification of residence includes any of the following:
(1) Mail received by the parent or caretaker, a copy of a lease, utility bill, deed, driver's license, rental agreement or other document establishing residence.
(2) A collateral contact, as specified in § 3041.62 (relating to collateral contact).
(3) A written self-declaration, as specified in § 3041.64 (relating to self-declaration).
§ 3041.67. Verification of work, education and training.
Acceptable verification of hours of work, education, training or enrollment in education or training includes one of the following:
(1) A document provided by the parent or caretaker as verification of earned or anticipated 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 when 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 an education or training representative.
(4) Another document that establishes hours of work or anticipated 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 or will work at least 20 hours per week, as specified in § 3041.64 (relating to self-declaration).
§ 3041.68. Verification of involuntary loss of work, education or training.
Acceptable verification of involuntary loss of work, education or training includes any of the following:
(1) A written statement from the employer or an education or training representative.
(2) A school record.
(3) A collateral contact, as specified in § 3041.62 (relating to collateral contact).
(4) A written self-declaration, as specified in § 3041.64 (relating to self-declaration).
§ 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) A collateral contact as specified in § 3041.62 (relating to collateral contact).
(16) A written self-declaration by the parent or caretaker, as specified in § 3041.64 (relating to self-declaration).
§ 3041.70. Verification of inability to work due to a disability.
Acceptable verification of inability to work due to a disability includes:
(1) In a single or two-parent or caretaker family, verification of the parent's or caretaker's disability shall include an assessment by a physician or psychologist that states the following:
(i) The condition causing the inability to work or to participate in education or training.
(ii) The manner in which the condition causing the disability prevents the parent or caretaker from providing care for the child.
(iii) The date the parent or caretaker is expected to return to work or resume participation in education or training or the date the parent or caretaker will be able to care for the child.
(2) In a two-parent or caretaker family, if the parent or caretaker with a disability submits written 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, that verification shall serve as permanent verification of the parent's or caretaker's inability to work.
§ 3041.71. Verification of reasons for subsidy continuation or suspension.
Acceptable verification of reasons for subsidy continuation or suspension as specified in §§ 3041.20 and 3041.21 (relating to subsidy continuation during breaks in work, education or training; and subsidy suspension) includes one of the following:
(1) The Department's form for verifying work, education or training.
(2) A written statement from the employer or the education or training representative or school records.
(3) A child support order.
(4) A medical record or a written statement from a physician.
(5) A collateral contact, as specified in § 3041.62 (relating to collateral contact).
(6) A written self-declaration by the parent or caretaker, as specified in § 3041.64 (relating to self-declaration).
§ 3041.72. Verification of family size and composition.
Acceptable verification of family size and composition includes one of the following:
(1) A birth certificate.
(2) A custody order.
(3) A medical record or a written statement from a physician.
(4) A written statement from the parent indicating that the caretaker has care and control of the child for whom subsidized child care is requested.
(5) A school record.
(6) A collateral contact, as specified in § 3041.62 (relating to collateral contact).
(7) A written self-declaration by the parent or caretaker, as specified in § 3041.64 (relating to self-declaration).
§ 3041.73. Verification of transfer of TANF benefits.
Acceptable verification of transfer of TANF benefits within the state or from another state is documentation by the eligibility agency that indicates the date TANF benefits ended within the State or in another State, as specified in § 3041.149(b) (relating to transfer from other states).
§ 3041.74. Verification of expiration of TANF benefits.
Acceptable verification of expiration of TANF benefits is documentation by the eligibility agency that indicates the date TANF benefits expired within the state or in another state, as specified in § 3041.150(b) (relating to expiration of TANF benefits).
§ 3041.75. Verification of domestic violence.
Acceptable verification of domestic violence is the Department's form, which provides for verification by documentary evidence, third party statement or self-certification.
§ 3041.76. Verification of a child's incapability of caring for himself.
Acceptable verification of a child's incapability of caring for himself as specified in § 3041.12(c) (relating to provision of subsidized child care) is documentation by a licensed physician or psychologist.
§ 3041.77. Verification of maternity and family leave.
Acceptable verification of family leave includes one of the following:
(1) A birth certificate.
(2) The Department's medical assessment form.
(3) A written statement or other documentation completed by a licensed physician that describes the inability to work or participate in education or training and includes a date of anticipated return to work.
(4) A written statement from the employer or an education or training representative.
(5) A collateral contact, as specified in § 3041.62 (relating to collateral contact).
(6) A written self-declaration by the parent or caretaker, as specified in § 3041.64 (relating to self-declaration).
§ 3041.78. Verification of care and control.
Acceptable verification of care and control in a family headed by an aunt, uncle or grandparent includes one of the following:
(1) A school record.
(2) A medical record.
(3) A social service record.
(4) A religious record.
(5) A Domestic Relations Services support order.
(6) A court order.
(7) A rental or lease agreement.
(8) A notarized written statement from the parent or caretaker.
(9) A collateral contact, as specified in § 3041.62 (relating to collateral contact).
(10) A written self-declaration by the parent or caretaker, as specified in § 3041.64 (relating to self-declaration).
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 an 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 6 years from the end of the fiscal year in which subsidized child care has been provided or until an audit or litigation is resolved.
(c) The fiscal year is a period of time beginning July 1 of any calendar year and ending June 30 of the following calendar year.
§ 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 domestic violence waiver 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) 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) A waiver of the verification of the amount of income as specified in § 3041.65 (relating to verification of income) may not exceed 60 days.
(e) Except as specified in subsection (c), the eligibility agency may grant a domestic violence waiver for a maximum of 183 days.
§ 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. At the request of the parent or caretaker, the notice shall be mailed to an alternate address or hand-delivered to the parent or caretaker.
(b) If the waiver is granted, the notice must 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 must 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 shall 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-PAYMENT 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 service week and each week thereafter regardless of the day the parent or caretaker enrolls the child.
§ 3041.102. Department's payment.
(a) The payment rate is the daily amount paid to a child care provider for services delivered to a child who is eligible for subsidized child care.
(b) 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.
(c) 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.
(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 service week following the date the written notice is postmarked or hand-delivered to the parent or caretaker by the eligibility agency.
(c) A single parent or caretaker who applies for subsidized child care and who reports prospective work is not required to pay a co-payment until the parent or caretaker receives income from work.
(d) A single parent or caretaker who receives subsidy, has involuntarily lost work and reports prospective work, is assessed the minimum co-payment based on family size until the parent or caretaker receives income from work.
§ 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 shall 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 notification 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 and each week thereafter, regardless of the day the parent or caretaker enrolls the child.
(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 regarding co-payment.
(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 a notice to the parent or caretaker, on a form provided by the Department. The notice must state that service will be terminated on a date set forth on the notice, which shall be the first day after 10 calendar days following the date of the written notice, unless the delinquent co-payment is paid by that date.
(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.
(f) The eligibility agency shall distribute, to each parent or caretaker who applies for subsidized child care, a handbook of parent's rights and responsibilities in the subsidized child care program provided by the Department.
§ 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 2005 FPIGs) 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 (relating to determining family size and income).
(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 domestic violence waiver 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 2005 FPIGs). 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) If 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).
(b) 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 eligibility agency has received all information necessary to complete the application and 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.
§ 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 notifies the family of eligibility 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 if, on or before the 30th calendar day, the parent or caretaker claims hardship due to conflicts with the parent's or caretaker's working hours, transportation problems or illness of the parent or caretaker or another family member. At the time the parent or caretaker claims hardship, the eligibility agency may grant an additional 30 days from the date the hardship is claimed for the interview.
§ 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 work, including layoffs or strikes.
(2) Decrease in the hours of work, education or training below an average of 20 hours per week.
(3) A change in the number of days or hours for which subsidized child care is needed.
(4) Onset of maternity, paternity or adoption leave and return to work following leave.
(5) Onset of a 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 a change that may result in a decrease in the family co-payment, the eligibility agency shall review the change and complete a partial redetermination as specified in § 3041.129 (relating to partial redetermination based on reported changes).
§ 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). A co-payment is not reassessed during a partial redetermination.
(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 has a disability and the disability is anticipated to end prior to the family's redetermination date.
(3) A parent's or caretaker's work is seasonal or temporary.
(4) A parent's or caretaker's education 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 domestic violence waiver 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 or caretaker or child in the family:
(i) Earned income.
(ii) Unearned income.
(iii) Hours of work, education and training.
(iv) Family composition.
(v) Address.
(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.
§ 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.
FORMER TANF FAMILIES § 3041.141. General former TANF families provisions.
(a) A family that is no longer eligible for TANF cash assistance benefits or a family that voluntarily left TANF and meets 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.
(f) A child should not be placed on a waiting list if a former TANF parent or caretaker requests subsidized child care for a child any time prior to 184 calendar days after TANF benefits ended.
§ 3041.142. General requirements for former TANF families.
(a) During the 183-day period after eligibility for TANF benefits ended or after a family voluntarily left TANF, a parent or caretaker shall meet only the following conditions:
(1) The parent or caretaker shall meet the work requirements as specified in § 3041.43 (relating to work, education and training). The minimum work-hour requirement does not apply if the loss of TANF benefits was due to earnings from work in excess of the income limit for the TANF program.
(2) The parent's or caretaker's annual income may not exceed 235% of the FPIG.
(3) The parent or caretaker shall select an eligible child care provider as specified in § 3041.13(a) (relating to parent choice).
(4) 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), should 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) No later than the 184th calendar day after TANF benefits 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 met the requirements in § 3041.142 (relating to general requirements for former TANF families) and was receiving child care on the date TANF benefits ended, the eligibility agency shall notify the parent or caretaker and the provider by letter of the following:
(1) The parent or caretaker is eligible for subsidized child care benefits on or before the 183-day period after TANF benefits ended, but will be subject to a redetermination of eligibility no later than the 184th day after TANF benefits 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 TANF benefits 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) and within 183 days after TANF benefits end, 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 unless on or before the 30th day, the parent or caretaker claims hardship. At the time the parent or caretaker claims hardship, the eligibility agency may grant an additional 30 days from the date the hardship is claimed for the interview.
(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 verification and reporting).
§ 3041.145. Verification and reporting.
At the time of the parent's or caretaker's face-to-face interview with the eligibility agency and within the 183-day period after TANF benefits end 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 who contacts the eligibility agency within 60 calendar days following the date TANF benefits end to self-certify the following:
(i) The need for child care in order to work or attend education or training and the days and hours for which the child needs care.
(ii) The name of the employer, education or training.
(iii) The hours the parent or caretaker works or attends education or training.
(iv) The accuracy of the facts in the TANF transfer information regarding family address, size and income.
(v) Financial eligibility as specified in § 3041.142(a) (relating to general requirements for former TANF families).
(2) Require the parent or caretaker who does not contact the eligibility agency within 60 calendar days following the date TANF benefits end to self-declare the following:
(i) The need for child care in order to work or attend education or training and the days and hours for which the child needs care.
(ii) The name of the employer, education or training.
(iii) The hours the parent or caretaker works or attends education or training.
(iv) The accuracy of the facts in the TANF transfer information regarding family address, size and income.
(v) Financial eligibility as specified in § 3041.142(a).
(3) Advise the parent or caretaker to report the following:
(i) Loss of work.
(ii) Change in family composition.
(iii) Increase in monthly or annual gross family income.
(4) Advise the parent or caretaker that an eligibility determination or redetermination shall be completed by the eligibility agency.
(5) Collect information regarding the parent's or caretaker's choice of provider or help the parent or caretaker to locate an eligible 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 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 program 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 former TANF families provisions).
§ 3041.150. Expiration of TANF benefits.
(a) A parent or caretaker who has exhausted the 5-year limit on TANF benefits is eligible for 60 calendar days of subsidized child care to seek work.
(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 former TANF families 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.
NOTIFICATION AND RIGHT TO APPEAL § 3041.161. General notification requirements.
(a) The eligibility agency shall notify the parent or caretaker in writing no later than 10 calendar days prior to taking an action that affects the family's eligibility status for subsidized child care or a change in the amount of the family's subsidized child care benefit.
(b) Following the preparation of a written notice, the eligibility agency shall:
(1) Mail or hand-deliver within 1 working day of preparation, the original and one copy of the notice to the parent or caretaker.
(2) Notify the family's child care provider as soon as the family is determined eligible or ineligible for subsidized child care.
(3) Retain a copy of the notice in the family file as specified in § 3041.84 (relating to family file).
§ 3041.162. Notice of right to appeal.
The following information shall be included in the notice of the right to appeal:
(1) The statement regarding the parent's or caretaker's right to appeal.
(2) The time frame associated with filing a timely appeal as specified in §§ 3041.174(d) and 3041.176(b) (relating to parent or caretaker rights and responsibilities; and hearing procedures).
(3) The time frame associated with subsidy continuation as specified in § 3041.173 (relating to subsidy continuation during the appeal process).
(4) The consequence of filing an appeal untimely.
(5) The responsibility to repay if subsidy continues and the parent or caretaker does not win the appeal.
(6) Instructions regarding how to appeal.
§ 3041.163. Notice of eligibility.
(a) The notice of eligibility shall be on a form provided by the Department.
(b) If the eligibility agency determines a family eligible for subsidy upon initial application, at the time of redetermination or at a review of a reported change, the written notification shall include the following:
(1) The amount of the co-payment.
(2) The parent's or caretaker's responsibility to pay the co-payment as specified in § 3041.101(e) (relating to general co-payment requirements).
(3) The parent's or caretaker's responsibility to pay an equivalent advance co-payment.
(4) The parent's or caretaker's responsibility to report changes as specified in § 3041.127 (relating to parent and caretaker report of change).
(5) The name, address and telephone number of the local legal services office where the parent or caretaker may obtain free legal representation.
(6) The right of the parent or caretaker 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).
§ 3041.164. Notice of ineligibility.
(a) The notice of ineligibility must be on a form provided by the Department.
(b) If the eligibility agency determines a family ineligible for subsidy, the written notification shall include the following:
(1) The decision.
(2) The reason for the decision.
(3) A citation, and brief explanation in simple, nontechnical language, of the applicable section of this chapter or other applicable law that was the basis for the decision.
(4) The name, address and telephone number of the local legal services office where the parent or caretaker may obtain free legal representation.
(5) The right of the parent or caretaker 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).
§ 3041.165. Notice of adverse action.
(a) The eligibility agency shall send a notice to a parent or caretaker currently receiving subsidy when the eligibility agency proposes to terminate, suspend or disrupt subsidy payment or to increase the family co-payment.
(b) The eligibility agency shall prepare a notice of adverse action on a form provided by the Department.
(c) The notice of adverse action must include:
(1) The decision or proposed action.
(2) The date the action will occur.
(3) The reason for the decision or proposed action and information about how to become eligible.
(4) A citation, and brief explanation in simple, nontechnical language, of the applicable section of this chapter or other applicable law that is the basis for the decision or proposed action.
(5) The name, address and telephone number of the local legal services office where the parent or caretaker may obtain free legal representation.
(6) The right of the parent or caretaker 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).
§ 3041.166. Notice confirming voluntary withdrawal.
The eligibility agency shall, by written notice to the parent or caretaker, confirm the parent's or caretaker's voluntary withdrawal of a child from subsidized child care.
§ 3041.167. Notice of overpayment.
(a) The eligibility agency shall notify the parent or caretaker in writing of an overpayment.
(b) The notice of overpayment must include the following:
(1) The reason for the overpayment as specified in § 3041.181 (relating to overpayment).
(2) The period of the overpayment.
(3) The amount of the overpayment.
(4) An explanation of how the overpayment was calculated.
(5) The repayment methods as specified in § 3041.186 (relating to collection).
(6) The right of the parent or caretaker to appeal the decision on the overpayment and how to appeal as specified in §§ 3041.162 and 3041.171 (relating to notice of right to appeal; and appealable actions).
APPEAL AND HEARING PROCEDURES § 3041.171. Appealable actions.
A parent or caretaker has the right to appeal a Departmental or eligibility agency action or failure to act, including the following:
(1) Denial of subsidy.
(2) Termination of subsidy.
(3) Computation of the co-payment.
(4) Denial of a request for waiver of a requirement of this chapter based on domestic violence as specified in § 3041.91 (relating to general domestic violence waiver requirements).
(5) Failure of the eligibility agency to act upon a request for subsidy within the time limits specified in this chapter.
(6) Subsidy suspension, as specified in § 3041.21 (relating to subsidy suspension).
(7) Subsidy disruption, as specified in § 3041.22 (relating to subsidy disruption).
§ 3041.172. Discontinuation of subsidy.
Subsidy is not continued pending a hearing decision if the parent or caretaker appeals the disruption of subsidy when the eligibility agency lacks funding to continue subsidy to a child as specified in § 3041.22 (relating to subsidy disruption).
§ 3041.173. Subsidy continuation during the appeal process.
(a) Subsidy continues at the prior level until the appeal is heard and a final decision is made by the Department, if the parent or caretaker does both of the following:
(1) Files an appeal that is postmarked or received no later than 10 calendar days after the date of the written notice.
(2) Appeals for a reason other than disruption of subsidy or a lack of funding.
(b) If subsidy continues as specified in subsection (a), the parent or caretaker shall continue to make timely payment of the co-payment that was in effect prior to issuance of the notice of adverse action until a final decision is made by the Department, as specified in § 3041.101 (relating to general co-payment requirements).
(c) If subsidy continues during the appeal process and the hearing officer finds in favor of the eligibility agency or the Department, the parent or caretaker shall reimburse the Department for the amount of the subsidy or increase in subsidy paid for child care from the proposed effective date of the adverse action until the date subsidy is terminated or decreased, based on the final administrative action order.
§ 3041.174. Parent or caretaker rights and responsibilities.
(a) A parent or caretaker appealing an adverse action shall submit a written request to the eligibility agency in accordance with Chapter 275 (relating to appeal and fair hearing and administrative disqualification hearings) within 30 days following notification. The parent or caretaker shall specify the reason for the appeal, the current address and a telephone number, if possible, where the parent or caretaker can be reached during the day.
(b) A parent or caretaker may orally appeal. The eligibility agency shall document the date of the oral appeal in the case file. The parent or caretaker shall confirm the oral appeal in writing to the eligibility agency no later than 7 calendar days following the date the parent or caretaker orally requested an appeal.
(c) A parent or caretaker may authorize an adult to represent him at the hearing.
(d) If the parent or caretaker wants subsidy to continue pending a hearing decision, subject to § 3041.173 (relating to subsidy continuation during the appeal process), the parent or caretaker shall submit a written appeal no later than 10 calendar days following the date the written notice is postmarked or hand-delivered to the parent or caretaker by the eligibility agency.
(e) If the parent or caretaker requests that subsidy continue pending a hearing decision, the parent or caretaker shall make timely payment of the co-payment that was in effect prior to issuance of the notice of adverse action until a final decision is made by the Department, as specified in § 3041.101 (relating to general co-payment requirements).
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