Department of Health and Social Services

Division of Social Services

PROPOSED

PUBLIC NOTICE

DSSM: 11003.7 Child Care Subsidy Program Income Eligible Child Care

In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Social Services is proposing to amend policies in the Division of Social Services Manual (DSSM) regarding the Child Care Subsidy Program, specifically, Income Eligible Child Care.

Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to Sharon L. Summers, Policy, Program & Development Unit, Division of Social Services, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 or by fax to (302) 255-4425 by April 30, 2012.

The action concerning the determination of whether to adopt the proposed regulation will be based upon the results of Department and Division staff analysis and the consideration of the comments and written materials filed by other interested persons.

SUMMARY OF PROPOSAL

The proposal described below amends policies in the Division of Social Services Manual (DSSM) regarding the Child Care Subsidy Program, specifically, Income Eligible Child Care.

Statutory Authority

45 CFR §98.20, A child's eligibility for child care services

Summary of Proposed Changes

DSSM 11003.7, Income Eligible Child Care RESERVED: This regulatory action removes this policy as most of the content is no longer relevant. What is relevant is redundant and is covered in the following sections of the Division of Social Services Manual (DSSM):

DSSM 11002.4, Persons Eligible

DSSM 11002.6.2, Federal Law/Regulation

DSSM 11002.8, Seamless Services

DSSM 11003, Eligibility Requirements and,

DSSM 11003.6, Income Limits.

DSS PROPOSED REGULATION #12-12

REVISION:

11003.7 Income Eligible Child Care RESERVED

DSS provides child care to families who are financially eligible to receive care because the family's gross income is equal to or under 200 percent of the federal poverty level and they have a need for care as outlined below. These families are considered income eligible. DSS has two funding streams, CCDF and SSBG, that cover income eligible individuals.

DSS programmed the DCIS II Child Care Sub system to identify the need and include all the child care needs into one category, Category 31. DSS also programmed the DCIS II Child Care Sub system so that it could make the policy distinctions needed to make payments from the appropriate funding source for each child in care. Though Case Managers will not have to make these distinctions, it is helpful to know them.

They are:

1. CCDF Child Care will include:

a. parents/caretakers who need child care to accept or keep a job, and/or

b. participate in education or training as outlined in section 11003.7.4 and 11003.7.5, or

c. children who receive or need to receive protective services.

d. parents/caretakers who are homeless and need care to accept or keep a job or participate in education or training as outlined in section 11003.7.4 and 11003.7.5.

It will also include parents/caretakers who need care because of a special needs child. It will always coincide with the parent/caretaker's need to work or participate in education or training. It will not include parents/caretakers who have a special need or other adult household member who has a special need.

2. SSBG Child Care will include:

a. parents/caretakers who need child care to accept or keep a job,

b. parents/caretakers who need child care to participate in education or training as outlined in section 11003.7.4 and 11003.7.5,

c. parents/caretakers whose only need is a special need child or special needs adult household member,

d. children who need protective services, or

e. parents/caretakers who are homeless.