§ 3042.145. Domestic and other violence.
(a) The eligibility agency may grant a waiver to a parent or caretaker for any of the following reasons:
(1) A family member is the victim of past or present domestic or other violence.
(2) A family member is the victim of a threat of past or present domestic or other violence.
(b) Except as otherwise provided under this chapter, the eligibility agency may grant a waiver 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 § 3042.11(b) and (c) (relating to provision of subsidized child care).
(2) Income limits as specified in § 3042.31 (relating to financial eligibility).
(3) State residency as specified in § 3042.32 (relating to residence).
(4) The minimum number of hours of work, education or training as specified in § 3042.33 (relating to work, education and training).
(5) Citizenship as specified in § 3042.36 (relating to citizenship).
(6) The number of paid absences as specified in § 3042.18 (relating to absence).
(d) The following may be waived for a temporary period not to exceed 92 calendar days:
(1) Verification requirements as specified in § § 3042.61—3042.74 (relating to self-certification and verification).
(2) The amount of copayment as specified in § 3042.98 (relating to copayment determination).
(e) Except as specified in subsections (c) and (d), the eligibility agency will grant a domestic violence waiver for the balance of the 12-month eligibility period following verification being provided to the eligibility agency.
(f) The eligibility agency shall utilize and accept the Department’s form providing for verification by documentary evidence, third party statement or self-certification as acceptable verification of domestic violence. The following apply:
(1) If the eligibility agency does not receive the required verifications before expiration of the 92-day period specified in subsection (d), or if the family is otherwise determined to be ineligible, the eligibility agency shall take the necessary steps to terminate the temporary eligibility with proper notification to the family as specified in § 3042.155 (relating to notice of adverse action).
(2) If a family is determined ineligible or fails to provide the required verifications, services received during the 92-day period are not considered an error or improper payment. The eligibility agency will pay the amount owed to a child care provider for services provided.
Cross References This section cited in 55 Pa. Code § 3042.98 (relating to copayment determination); 55 Pa. Code § 3042.141 (relating to general waiver requirements); and 55 Pa. Code § 3042.161 (relating to appealable actions).
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
