department of health and social services

Division of Social Services

PROPOSED

PUBLIC NOTICE

Child Care Subsidy Program

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 the Division of Social Services Manual (DSSM) regarding the Child Care Subsidy Program.

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, P.O. Box 906, New Castle, Delaware 19720-0906 by August 31, 2005.

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 Provisions

Statutory Basis

DSS is proposing to amend several sections in the Division of Social Services Manual (DSSM) to clarify and update existing Child Care Subsidy policy.

This includes updating, revising, clarifying, renumbering (and deleting where necessary) the following policy sections due to the integration of the previous Child Care Management system into the current DCIS II Child Care eligibility system:

Additionally, DSSM 11003.7.8 is a new section establishing procedures for special needs cases.

The purpose of Delaware's Child Care Subsidy Program is to provide support to Delaware families who need care and who need otherwise cannot pay for all or part of the cost of care.

DSS provides child care services to eligible Delaware families with children who need care and who are under the age of 13, or children 13 to through 18 years of age who are physically or mentally incapable of caring for themselves or who are in need of protective services.

Under Title IV, Sections 401 and 402 of the Personal Responsibility and Work Opportunity Act of 1996, the Division is prohibited from using CCDBG and SSBG funds to pay for child care services for most persons who are not U.S. citizens. At State option, the Division may choose to use State only funds to pay for child care services for such persons. Certain aliens are exempt from this restriction for a period of five (5) years from the date of obtaining status as either a refugee, asylee, or one whose deportation is being withheld. In addition, aliens admitted for permanent residence who have worked forty (40) qualifying quarters and aliens and their spouses or unmarried dependent children who are either honorably discharged veterans or on active military duty are exempt from this restriction. For more detailed child care policy on citizenship, aliens and refugee’s see DSSM 3024, these policies apply to the Child Care Subsidy Program.

The Division can provide Child Care services for eligible families where there is at least one U.S. citizen, legal alien or qualified refugee in the family. If one member of the family is a U.S. citizen, legal alien or qualified refugee and he/she meets both technical and financial eligibility criteria, Child Care services can be provided. The Division will evaluate non-US citizen cases on an individual basis.

Non-US citizens referred to the Child Care Subsidy Program through the Division of Family Services, due to a protective need, are eligible to receive services regardless of their citizenship status.

This policy must also be read in accordance with Section 11003, Eligibility Requirements. DSS provides a guarantee for certain forms of Child Care (Category Categories 11, 12, 13, and 21). This guarantee means that eligible families will receive child care services under these programs. Eligibility for other child care services (Category Categories 31, 41 and 51) does not come with this same guarantee. Funding for child care services in these programs is capped. Though families may have an eligible child for whom they need care, and though families may meet other requirements of need and income, this does not guarantee that DSS will provide child care. DSS reserves the right for its capped programs to limit, where appropriate, its child care services based on available resources and funding.

Eligible families generally include:

A. TANF recipients who work, or must attend school or are be involved participating in TANF Employment and Training activities. training which leads to work as part of DSS' Food Stamp Employment & Training (FS E&T) program or families who are participating in TANF activities,

B. fFamilies with low incomes, who work, .

C. fFamilies with low incomes who attend a job training or education program as defined in section 11002.9,.

D. families who work and are transitioning off TANF,

E D. fFamilies who receive Food Stamps and who must participate in E&T, .

F E. Families who receive or need to receive protective services through the Division of Family Services, and .

G F. Eligible families with a special need (either a child or parent).

11002.6.2 Federal Law/Regulation

In addition to the State Law noted above, Delaware's Child Care Subsidy Program operates under the authority of several rules, including:

A. Providing child care to families receiving TANF benefits who must participate in Delaware’s TANF Employment and Training activities or to persons who work and receive TANF (Categories 11 and 12).

B. Establishes child care for certain TANF recipients who lose TANF because of work.

CB. Title 7, Chapter II of the Code of Federal Regulations, Part 273.7(A)(d)(iv)(3)(i) states: "A dependent care reimbursement shall be provided to an Employment and Training participant for all dependents requiring dependent care unless otherwise prohibited by this section...if dependent care is necessary for participation of a household member in the Employment and Training program." “The State agency will reimburse the cost of dependent care it determines to be necessary for the participation of a household member in the E&T program up to the actual cost of dependent care, or the applicable payment rate for child care, whichever is lowest. The payment rates for child care are established in accordance with the Child Care and Development Block Grant provisions of 45 CFR 98.43, and are based on local market rate surveys. The State agency will provide a dependent care reimbursement to an E&T participant for all dependents requiring care unless otherwise prohibited by this section.” Such child care is provided as part of the State's Food Stamp Employment and Training Program previously known as First Step - Food Stamps (Category 21).

D.C. The Child Care and Development Block Grant (part of Category Categories 31 and 41) as amended by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.

The purpose of the CCDBG as stated in Rule 98.1 of the CFR is, "to increase the availability, affordability, and quality of child care services." The goals of the grant are:

1. to provide low-income families with the financial resources to find and afford quality child care,

2. to enhance the quality and increase the supply of child care for all families,

3. to provide parent/caretakers parents/caretakers with a broad range of options in addressing their child care needs,

4. to strengthen the role of the family,

5. to improve the quality and coordination of child care programs and early childhood development programs, and

6. to increase the availability of early childhood development and before and after school services.

E.D. Title XX of the Social Security Act and the Omnibus Budget Reconciliation Act of 1981 establishes child care under the Social Services Block Grant (part of Category Categories 31 and 41).

The purpose of child care services provided under SSBG is to provide support to families with young children in order for parents to work, obtain training, or receive an education. The program also allows child care to meet the special needs of the child or for the child's protection in cases of abuse and/or neglect.

11002.9 Definitions And Explanation Of Terms

The following words and terms, when used in the context of these policies will, unless clearly indicated otherwise, have the following meanings.

A. TANF - Temporary Assistance for Needy Families, a program established by Title IV-A of the Social Security Act and authorized by Title 31 of the Delaware Code to provide benefits to needy children who are deprived of parental support and care. While on TANF, families are eligible for child care only as long as they are working or involved with Food Stamp Employment & Training (FS E&T) - participating in a TANF Employment and Training activity TANF (Category Categories 11 and 12).

B. At-Risk Families - Low-income, working families who need child care in order to work, and are otherwise at risk of becoming eligible for TANF. Under the Division's CCMIS, At-Risk Families are part of Category 31.

C B. Authorization - Form 618d is the parent/caretaker's parents/caretakers authority to receive subsidized child care services and is the provider's authority to provide subsidized child care services to eligible parent/caretakers parents/caretakers. The authorization informs providers how much care a parent is authorized to receive, what DSS will pay the provider, and what parent/caretakers parents/caretakers must pay as part of their fee.

D.C. Caregiver/Provider - The person(s) whom DSS approves to provide child care services or the approved place where care is provided.

E.D. Caretaker - The adult responsible for the primary support and guardianship of the child. As used here, this adult is someone other than the child's parent who acts in place of the parent. If a caretaker is unrelated to the child and has not been awarded custody by Family Court or guardianship, the caretaker is referred to the Division of Family Services to make a determination to either approve the non-relative placement or remove the child.

F.E. CCDBG - Child Care and Development Block Grant. 45 CFR Parts 98 and 99 created by the Omnibus Budget Reconciliation Act of 1990 to provide federal funds without State match to:

1. provide child care to low income families,

2. enhance the quality and increase the supply of child care,

3. provide parents the ability to choose their provider, and

4. increase the availability of early childhood programs and before and after school services.

Under the Division's CCMIS DCIS II Child Care Sub system, CCDBG is part of Category Categories 31 and 41.

GF. CFR - Code of Federal Regulations. These are the rules the Federal Government writes to implement federal legislation. Once written and approved, they have the force of law.

HG. CCMIS - Child Care Management Information System, the name used to describe the Division's information payment system for child care.

I.H. Child - A person under the age of 13, or children 13 to through 18 years of age if they are physically or mentally incapable of caring for themselves or in need of protective services.

J. I. Child Care Category - The CCMIS DCIS II Child Care Sub system code for the child care funding source. Case Managers choose category codes based on the parent/caretaker's parents/caretaker’s technical eligibility for service. The codes are:

11 – Participants receiving TANF and not working, but participating in TANF E&T;

12 – Participants receiving TANF and working;

13 - Transitional Child Care;

21 – Participants receiving Food Stamps who are mandatory or voluntary participants in E&T and not receiving TANF;

31 - SSBG, CCDBG, At-Risk and State funds: Income eligible participants. Participants who receive FS and are not E&T mandatory or voluntary;

41 – A participant who is a qualified alien or U.S. citizen is coded as a category 41 when his or her eligibility allows a non U.S. citizen or nonqualified alien to receive child care services. (Example: One child is a citizen and one is not. The citizen child is a 41)

51 – A participant is coded category 51 when s/he is not a U.S. citizen or legal alien but receives Child Care services due to a family member in category 41.

K.J. Child Care Certificate - A form issued to a parent/caretaker which allows a parent/caretaker to choose a child care provider who does not have a contract with DSS. A certificate is not an authorization for child care, but a parent who wishes to select a non-contracted provider of their choice cannot get care unless the provider completes one.

L.K. Child Care Fee - The amount the parent/caretaker must pay toward the cost of child care. The fee is based on the income of the parent(s) and children, or the child if the child lives with a caretaker, family size and a percentage of the cost of care based on type.

M.L. Child Care Services - Those activities that assist eligible families in the arrangement of child care for their children.

N.M. Child Care Centers - A place where licensed or license-exempt child care is provided on a regular basis for periods of less than 24 hours a day to 12 or more children, who are unattended by a parent or guardian.

O.N. Child Care Type - Refers to the setting or place where child care is provided. The four types of care are:

1. Center based (under CCMIS DCIS II Child Care Sub system Site #17 or 18),

2. Group Home (under CCMIS DCIS II Child Care Sub system Site #16),

3. Family Home (under CCMIS DCIS II Child Care Sub system Site #15), and

4. In-Home (under CCMIS DCIS II Child Care Sub system Site #19).

P. O. DCIS II - Delaware Client Information System, the automated client information system for the Department of Health and Social Services.

Q. P. Educational Program - A program of instruction to achieve:

1. a basic literacy level of 8.9;

2. instruction in English as a second language;

3. a GED, Adult Basic Education (ABE), or High School Diploma;

4. completion of approved special training or certificate courses; or

5. a post-secondary degree where the degree is part of an approved Employability Development Plan. DSS Employment and Training program.

The above definition excludes the pursuit of a graduate degree or second four-year college degree. A second associates degree may be attained if it leads to a bachelors degree. The completion of a second associate’s degree can be authorized only if it has a significant chance of leading to employment.

R. Q. Employment - Either part-time or full time work for which the parent/caretaker receives income. It also includes periods of up to one month when parent/caretakers parents/caretakers lose one job and need to search for another, or when one job ends and another job has yet to start.

S. R. Family Size - The total number of persons whose needs and income are considered together. This will always include the parent(s) and all their dependent children under 18.

T. S. Family Child Care Home - A place where licensed care is provided for one to six children who are not related to the caregiver.

U. T. TANF Child Care - The name of the child care program for TANF recipients who work or who are participating in a TANF Employment and Training program. in Food Stamp Employment & Training (FS E&T) - TANF. Under the CCMIS DCIS II Child Care Sub system, this is Category 11 and 12.

V U. Food Stamp Employment and Training - The program by which certain unemployed mandatory and/or voluntary Food Stamp recipients participate in activities to gain skills or receive training to obtain regular, paid employment. Persons can receive child care if they need care to participate. This is referred to as Food Stamp Employment & Training Food Stamps (FS E&T). Under the Division's CCMIS DCIS II Child Care Sub system, this is Category 21.

W.V. In-Home Care - Care provided for a child in the child's own home by either a relative or non-relative, where such care is exempt from licensing requirements.

It also refers to situations where care is provided by a relative in the relative's own home. This care is also exempt from licensing requirements.

X.W. Income - Any type of money payment that is of gain or benefit to a family. Examples of income include, wages, social security pensions, public assistance payments, child support, etc.

Y.X. Income Eligible - A family is financially eligible to receive child care services based on the family's gross income. It also refers to child care programs under Category 31.

AA. Income Limit - The maximum amount of gross income a family can receive to remain financially eligible for child care services. Current income limit is 200 percent of the federal poverty level.

AB. Job Training /Training - A program which either establishes or enhances a person's job skills. Such training either leads to employment or allows a person to maintain employment already obtained. Such training includes, but is not limited to: Food Stamp Employment & Training (FS E&T) contracted programs, JTPA WIA sponsored training programs, recognized school vocational programs, and on-the-job training programs.

AC. Large Family Child Care Home - A place where licensed care is provided for more than six but less than twelve children.

AD. Legal Care - Care which is either licensed or exempt from licensing requirements.

AE. Parent - The child's natural mother, natural legal father, adoptive mother or father, or step-parent.

AF. Parental Choice - The right of parent/caretakers parents/caretakers to choose from a broad range of child care providers, the type and location of child care.

AG. Protective Services - The supervision/placement of a child by the Division of Family Services in order to monitor and prevent situations of abuse or neglect.

AH. Physical or Mental Incapacity - A dysfunctional condition which disrupts the child's normal development patterns during which the child cannot function without special care and supervision. Such condition must be verified by either a doctor or other professional with the competence to do so.

AI. Reimbursement Rates - The maximum dollar amount the State will pay for child care services.

AJ. Relative - Grandparents, aunts, uncles, brothers, sisters, cousins, and any other relative as defined by TANF policy, as they are related to the child.

AK. Residing With - Living in the home of the parent or caretaker.

AL. SSBG - Social Services Block Grant. Under the CCMIS DCIS II Child Care Sub system, this is Category 31 child care.

AM. Seamless Services - To the extent permitted by applicable laws, a family is able to retain the same provider regardless of the source of funding, and providers are able to provide services to children regardless of the basis for the family's eligibility for assistance or the source of payment.

AN. Self-Arranged Care - Child care which either parents or caretakers arrange on their own between themselves and providers. In this instance, the parent/caretakers parents/caretakers choose to use a child care certificate, but the provider does not accept the State reimbursement rate for child care services. DSS limits payment for self-arranged care to its regular provider rates. Parent/Caretakers Parents/caretakers, in addition to any parent fee they pay, must also pay the difference between DSS’ reimbursement rates and the providers’ charge.

AO. Self-Initiated - Clients who enter an education or training program on their own. The education or training program must be comparable to a Food Stamp Employment & Training (FS E&T) - TANF education or training component. Self-initiated clients must receive child care services if there is a child care need.

AP. Special Needs Child - A child under 18 19 years of age whose physical, emotional, or developmental needs require special care. Both the need and care must be verified by a doctor or other professional with the competence to do so.

AQ. Special Needs Parent/Caretaker - An adult, who because of a special need, is unable on his/her own to care for children. The need must be verified by a doctor or other professional with the competence to do so.

AR. Technical Eligibility - Parent/caretakers Parents/caretakers meet requirements, other than financial, to receive child care services based on need and category.

AS. Verification - Written or oral documentation, demonstrating either need for service or sources of income.

AT. Purchase of Care Plus (POC+) – Care option that allows providers to charge for fee paying clients the difference between the DSS reimbursement rate up to the provider’s private fee for service. The provider receives DSS rate, the DSS determined parent fee, and any additional provider-determined co-pay.

AU. Work Force Investment Act (WIA) - Federal Legislation that consolidates Employment and Training programs and funding streams. This legislation embodies the One Stop Employment and Training Service system under DOL.

8 DE Reg. 1154 (2/1/05)

DSS provides child care services to eligible Delaware families with a child(ren) who resides in the home and who is under the age of 13, or children 13 to 18, under 19 who are physically or mentally incapable of caring for themselves or are active with the Division of Family Services.

Under Title IV, Sections 401 and 402 of the Personal Responsibility and Work Opportunity Act of 1996, the Division is prohibited from using CCDBG and SSBG funds to pay for child care services for most persons who are not U.S. citizens. At State option, the Division may choose to use State only funds to pay for child care services for such persons. Certain aliens are exempt from this restriction for a period of five (5) years from the date of obtaining status as either a refugee, asylee, or one whose deportation is being withheld. In addition, aliens admitted for permanent residence who have worked forty (40) qualifying quarters and aliens and their spouses or unmarried dependent children who are either honorably discharged veterans or on active military duty are exempt from this restriction.

The Division will provide Child Care services for eligible families where there is at least one U.S. citizen or legal alien in the family. If one member of the family is a U.S. citizen or legal alien and they meet both technical and financial eligibility criteria Child Care Services can be provided. The Division will evaluate non-U.S. citizen cases on an individual basis.

Non-US citizens referred to the Child Care subsidy program through the Division of Family Services, due to a protective need, are eligible to receive services regardless of their citizenship status.

A family needs service when parent/caretakers parents/caretakers are required to be out of the home, or are reasonably unavailable (may be in the home but cannot provide supervision, such as a parent works a third shift, is in the home, but needs to rest), and no one else is available to provide supervision.

A. Parent/caretakers Parents/caretakers need service to:

1. accept employment,

2. keep employment,

3. participate in training leading to employment,

4. participate in education,

5. work and the other parent/caretaker or adult household member is chronically ill or incapacitated,

6. have someone care for the children because of a parent/caretaker special need.

B. A child(ren) needs service to:

1. provide for a special need (physical or emotional disabilities, behavior problems, or developmental delays, etc.);

2. provide protective supervision in order to prevent abuse or neglect.

In addition to having an eligible child and a child care need, certain DSS child care programs require parent/caretakers parents/caretakers to meet income limits. Under certain other child care programs, DSS guarantees child care. These financial requirements along with other technical requirements help determine the parent/caretaker's child care category. Categories relate to the funding sources used by DSS to pay for child care services. The following sections discuss the technical requirements for child care services based on category and need.

A. DSS provides child care for a dependent child when a parent/caretaker receives Food Stamps and the parent/caretaker needs to:

1. participate in Food Stamp Employment and Training activities, or

2. volunteer to participate in Employment and Training activities (both are Category 21).

B. Persons can volunteer to participate in E&T - Food Stamps activities only as long as the activity for which they volunteer is a component activity of E&T - Food Stamps. Acceptable E&T - Food Stamps component activities are:

1. Independent Job Search,

2. Self-Directed Job Search Training, One Stop Delivery System,

3. Basic Life Skills Enrichment, Adult Education, and Training,

4. High School and/or Adult Education, Workfare Program (ABAWD only),

5. Post-Secondary Education (first degree only), and

6. Vocational Skills Training. Refugee and Asylee Services.

Mandatory participants who fail to participate receive a sanction. Persons who receive a sanction lose their child care while the sanction remains in effect.

Parent/caretakers who received TANF and who are working can continue to receive child care if they:

A. stopped receiving TANF because of income from work or because their income disregards expired,

B. request Transitional Child Care (Category 13).

Parent/caretakers who meet the above requirements need to also meet financial eligibility requirements. They must have income equal to or under 200 percent of poverty. Parent/caretakers also need to be working in order to qualify.

Those TANF families not previously receiving any child care will get a letter from DSS alerting them to the possibility that they could be eligible for child care. They are told to contact the nearest child care office and to request TCC. Case Managers will need to make appointments for these families and the family will need to complete an application.

A. 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 one or more of the following needs for care:

1. a low-income (200 percent or less of the federal poverty level) parent/caretaker needs child care in order to accept employment or remain employed and would be at risk of becoming eligible for TANF if child care were not provided (At-Risk Child Care, Category 31); or

2. a low-income (200 percent or less of the federal poverty level) parent/caretaker needs child care in order to work, attend a job training program, or participate in an educational program, or are is receiving or needs to receive protective services (CCDBG Child Care, Category 31); or

or

3. a parent/caretaker needs child care to work or participate in education or training; searches one month for employment after losing a job; because the child or the parent/caretaker or other adult household member has special needs; because they care for a protective child who is active with the Division of Family Services or the parent/caretaker is homeless. (SSBG Child Care, Category 31).

B. DSS programmed its CCMIS the DCIS II Child Care Sub system to include all the above child care needs into one category, Category 31. Therefore, Child Care Case Managers will only have to consider whether parent/caretakers parents/caretakers meet just one of the above needs to include them in a Category 31 funding stream. However, DSS also programmed its CCMIS 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 Child Care Case Managers will not have to make these distinctions, it is helpful to know them.

They are:

1. At-Risk Child Care will only include parent/caretakers parents/caretakers who need child care to accept a job or to keep a job.

It will include parent/caretakers parents/caretakers who have the need for child care because of a special needs child or a protective child, but it will always coincide with the parent/caretaker's need to accept or keep a job.

2. CCDBG Child Care will include:

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

b. participate in education or training, or

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

It will also include parent/caretakers 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 parent/caretakers parents/caretakers who have a special need or other adult household member who has a special need.

3. SSBG Child Care will include:

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

b. parent/caretakers parents/caretakers who need child care to participate in education or training,

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

d. children who need protective services, or

e. parent/caretakers parents/caretakers who are homeless.

Parent/caretakers Parents/caretakers who participate in education and post-secondary education can receive income eligible child care for the duration of their participation as long as:

A. their participation will lead to completion of high school, a high school equivalent or a GED; or

B. their participation in post-secondary education was part of a TANF Employability Development Plan; Employment and Training program; or

C. their participation in post-secondary education began as a requirement for while participation participating in the Food Stamp Employment & Training (FS E&T) program; and

D. there is a reasonable expectation that the course of instruction will lead to a job within a foreseeable time frame, such as nursing students, medical technology students, secretarial or business students.

DSS will not authorize child care services for parent/caretakers parents/caretakers who already have one four year college degree or are in a graduate program.

Policy is yet to be decided.

The designation of special needs impacts both eligibility and parent fees.

See section 11004.7 to determine eligibility for waiving the parent fee.

Eligibility

A family can be eligible for Child Care for a child that is between ages 13 and under 19 if the child has a special need that requires child care. This would mean the child is unable to care for himself physically or emotionally, or Division of Family Services (DFS) has referred the child for care due to a protective need.

Families with special needs children or adults must meet the need for services and income eligibility.

EXAMPLE: A financially eligible family with two working parents requests child care for their 14 year old child with Down Syndrome. The 14 year old is incapable of caring for himself due to the Down Syndrome. They would be eligible for Child Care due to the special needs of the child.

The special need of a child or an adult that directly results in the need for child care can in itself be the need for care when determining eligibility as long as they meet financial eligibility.

EXAMPLE: A financially eligible family of four with a working Father and a stay at home Mother requests child care for their 12 month old child with a developmental delay. In this case if it is verified that the child needs child care services to assist in increasing the development of the child, they would be eligible.

EXAMPLE: A financially eligible family of four with a working Father and a stay at home Mother requests child care for their two children ages 2 and 4. The mother was involved in a car accident and is unable to get out of bed. The special need of this mother would be the need for care.

All special needs for both the child and adult must be verified by using the Special Needs form.

Parent fees can be waived only in accordance with section 11004.7.

Special circumstances within a family may be considered on a case by case basis when determining the need for child care. These cases must be approved by the Child Care Administrator.

EXAMPLE: Two older grandparents have custody of their 4 yr old grandchild. The grandmother is unable to care for the child due to health reasons and the grandfather would like to look for work. There is no need for care since the grandfather is in the home. The circumstances of this four year old could qualify the grandparents for special needs child care. In this case still try to get a special needs form filled out that would address the 4 yr olds need to be in a day care setting with other children to enhance the child’s social and emotional development.

Division of Family Services

DFS cases meet the need for service due to the DFS referral. DFS cases do not need to meet financial eligibility. DFS cases that are non citizens and do not meet our citizenship criteria are eligible for services due to the DFS referral. DCIS II Child Care Sub system would place these cases in Category 51.

A. Countable income. All sources of income, earned (such as wages) and unearned (such as child support, social security pensions, etc.) are countable income when determining a family's monthly gross income. Monthly gross income typically includes the following:

1. Money from wages or salary, such as total money earnings from work performed as an employee, including wages, salary, Armed Forces pay, commissions, tips, piece rate payments and cash bonuses earned before deductions are made for taxes, bonds, pensions, union dues, etc.

2. Gross income from farm or non-farm self-employment is determined by subtracting business expenses such as supplies, equipment, etc. from gross proceeds. The individual's personal expenses (lunch, transportation, income tax, etc.) are not deducted as business expenses but are deducted by using the TANF standard allowance for work connected expenses. In the case of unusual situations (such as parent/caretaker just beginning business), refer to DSSM 9056 and 9074.

32. Social Security pensions, Supplemental Security Income, Veteran’s benefits, public assistance payments, net rental income, unemployment compensation, workers compensation, pensions, annuities, alimony, adoption assistance, disability benefits, military allotments, Rail Road Retirement, and child support.

B. Disregarded Income

Monies received from the following sources are not counted:

1. per capita payments to, or funds held in trust for, any individual in satisfaction of a judgement of Indian Claims Commission or the Court of Claims;

2. payments made pursuant to the Alaska Native Claims Settlement Act to the extent such payments are exempt from taxation under ESM 21(a) of the Act;

3. money received from the sale of property such as stocks, bonds, a house or a car (unless the person was engaged in the business of selling such property, in which case the net proceeds are counted as income from self-employment);

4. withdrawal of bank deposits;

5. money borrowed or given as gifts;

6. capital gains;

7. the value of USDA donated foods and Food Stamp Act of 1964 as amended;

8. the value of supplemental food assistance under the Child Nutrition Act of 1966 and the special food service program for children under the National School Lunch Act, as amended;

9. any payment received under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970;

10. earnings of a child under the age of 14 years of age

11.10. loans or grants such as scholarships obtained and used under conditions that preclude their use for current living costs;

12.11 . any grant or loan to any undergraduate student for educational purposes made or insured under any program administered by the Commissioner of Education under the Higher Education Act;

13.12. home produce utilized for household consumption;

14.13. all of the earned income of a minor or minor parent (under 18) who is a full-time student or a part-time student who is working but is not a full-time employee (such as high school students who are employed full-time during summer);

15.14. all payments derived from participation in projects under the Food Stamp Employment & Training (FS E&T) (such as CWEP) program or other job training programs; and

16.15. all Vista income. ; ;and

17. 16. all income derived as a Census taker. during the period between April 1, 2000 and December 31, 2000.

Resources (such as cars, homes, savings accounts, life insurance, etc.) are not considered when determining financial eligibility or the parent fee.

In all Category Categories 13 and 31 cases, count all income attributable to the parent(s) as family income. Family as used here means those persons whose needs and income are considered together. A person who acts as a child's caretaker (as defined in Section 11002.9), is not included in the definition of family. In this instance, any income attributable to the child or children is the income which is counted.

Income of active DFS referrals/cases is excluded. Active DFS referrals/cases do not need to meet financial eligibility.

The people whose needs and income are considered together comprise the definition of family size. Family size is the basis upon which DSS looks at income to determine a family's financial eligibility. Therefore, knowing who to include in the determination of family size is an important part in deciding financial eligibility. Rules to follow when considering family size are relationship and whose income is counted.

A. Parents (natural, legal, adoptive, or step) and their children under 18 living in the home, will always be included together in the make up of family size.

EXAMPLE 1: Ms. Brown, a single mother, lives together with her two year old daughter. She is applying for child care as a Category 31, income eligible case. Mrs. Brown and her daughter are a family size of two.

EXAMPLE 2: Susan Jones and Mark Evans live together as unmarried partners. Susan has a one year old child from a previous relationship. She applies for Category 13 31 child care. Susan and her child are a family size of two. Mark is not counted. His income is not considered since he is not the father of the child. (NOTE: If Mark Evans admits to being the natural parent of the child, his income is counted and this is a family of three.)

EXAMPLE 3: Ms. Johnson, a single parent, has three children ages 13, 10, and 5. She works and needs child care for her youngest child who attends preschool. She is applying for Category 31 child care. Even though she needs care for only one child, her family size is a family size of four when looking at financial eligibility.

EXAMPLE 4: Ms. Green cares for her three year old niece. Ms. Green works and needs child care. Since Ms. Green is not the parent of the child, she is considered a caretaker. Therefore, Ms. Green's income is not counted and she is not included in the family composition. Ms. Green's niece is considered a family size of one and any income attributable to the niece is countable income.

EXAMPLE 5: Mom and step-dad live with mom's two children, ages two and five, from a previous marriage. Mom and step-dad both work and need child care. Mom, step-dad, and her two children are a family size of four. Step-dad is included.

EXAMPLE 6: Mom and step-dad live with mom's three year old child from a previous marriage. Step-dad also has a five year old child from a previous marriage living in the home. Mom and step-dad both work and need child care. This family is a family size of four.

EXAMPLE 7: Mom and her unmarried partner have a child in common. Mom and the unmarried partner also have one child each from previous relationships. Since Mom and the unmarried partner have a child in common the needs and income of each parent will be considered for all three children. This would be a family size of 5. In this example the Child Care Sub system will first build the family together as one AG. If the AG fails the system will break this family down into 3 AG’s to determine as many persons eligible as possible. The three AG’s would be Mom, unmarried partner and child in common, Mom and child from a previous relationship, unmarried partner and his child from a previous relationship.

B. Adults who are not the natural, legal, adoptive, or step-parent of the child or children under 18 living in the home are not included.

EXAMPLE : Mom lives with her grandmother. Mom has two children ages 10 and 6 for whom she needs after-school care. Mom and her two children are considered a family size of three. Grandmother is not included because she is not the parent of the children nor is her income counted.

NOTE: In all instances, the people counted together for family size when considering financial eligibility are the same people counted for family size when considering the family's child care fee.

DSS programmed the CCMIS DCIS II Child Care Sub system to automatically make financial eligibility decisions. As long as the appropriate income for the appropriate persons is entered into the system, and as long as the correct family size is entered calculated, the CCMIS DCIS II Child Care Sub system will calculate income and determine eligibility.

In the event of system failure, use 4 1/3 weeks per month to compute a person's monthly gross income. If there is a variance in wages, use the average of the last month's wages or the average of the last three month's wages, whichever is less.

The following are examples for converting various pay schedules to monthly income:

A. Client A is paid $200.00 per week - $200 x 4.33 = $866/month.

B. Client A is paid $200 per week, but has a varying work schedule. Week one - $200; week two - $100; week three - $176; week four - $200. $200 + $100 + $176 + $200 = $676 divided by 4 = $169/week average. $169 x 4.33 = $731.77/month.

C. Client B is paid $400 every other week. $400 x 2.16 = $864.

D. Client C is paid $950 twice a month. $950 x 2 = $1900/month.

E. Other sources of income, such as child support, are added to wages either as the actual amount received or as an average of the amount received in the past three months.

Parent/caretakers Parents/caretakers are required to report changes that affect either their need for child care or their income. Parent/caretakers Parents/caretakers are to report these changes to their Child Care Case Manager within 10 days. The types of changes that parent/caretakers parents/caretakers are to report are:

A. loss of job;

B. new employment;

C. for Category 13, 21, or 31cases, any increase or decrease in wages or income resulting in a change to income of $75 or more per month;

D. for Category 13, 21, or 31 cases, any other change to income which will result in an increase or decrease to income of $75 or more (such as a change in child support); or

E. D. any change in education/training or other status which would impact the parent/caretakers parents/caretakers need for care.

Any parent/caretaker who expresses a desire for child care services may apply by contacting a DSS office. The process to actually obtain child care services starts when parent/caretakers parents/caretakers contact a Case Manager. Consider this an informal inquiry unless or until it results in the completion of a written application. (Form 600, Eligibility Screening Application).

An informal inquiry typically involves a parent/caretaker's phone call or unannounced child care office visit to seek information about eligibility for child care services. Process all informal inquiries by doing a simple review of the parent/caretaker's need in the creation of a child care case in the CCMIS DCIS II Child Care Sub system, but will likely include a CCMIS search for any information which might be on file. Following this simple screening, parents/caretakers parents/caretakers are told they either appear eligible or ineligible for service. Case Managers will schedule a formal interview for those parent/caretakers who appear eligible, while For those applicants who appear to be eligible, proceed with the formal application process, schedule an appointment or send them the application and outline the necessary information to be returned with the signed application. Case Managers will inform those parent/caretakers parents/caretakers who do not appear eligible of their right to file a formal application if they still so choose.

During the informal process, no obligation exists to provide parent/caretakers parents/caretakers with a written decision of the eligibility finding nor are parent/caretakers parents/caretakers able to appeal an informal decision. In either case, however, Case Managers will always conduct or schedule a formal interview for parent/caretakers parents/caretakers who appear eligible or those who assert their right to make a formal request.

The formal application process is detailed below, including the requirements for authorizing child care services, the minimum requirements for verifying eligibility information, the standards for determining child care fees, and conditions for when and why a child care case should either continue or close. Review this information in close conjunction with the Client Management Section of the CCMIS User Manual. The Client Management Section of the User Manual details the automated process for creating cases, authorizing service, and for reauthorizing or closing service. Where appropriate, the policy information presented here will make specific reference to the User Manual.

The formal application process will always consist of the following:

A. a Case Manager, parent/caretaker interview; (in person or over the phone)

B. a review and verification of eligibility requirements;

C. a review of the parent information about child care certificates;

D. a determination of eligibility along with written parent/caretaker notification of the eligibility decision;

E. completion of the Child Care Eligibility Screening Form (Form 600); Application for Child Care Assistance;

F. as necessary, a determination of the child care fee;

G.. creation of a case in the CCMIS DCIS II Child Care Sub system;

H. as appropriate, completion of the Service Authorization Form (Form 618d);

I. completion of the Child Care Payment Agreement (Form 626); and

J. a review of the parent/caretaker's rights and responsibilities, such as keeping their Case Manager informed of changes.

Case Managers normally conduct face-to-face formal interviews. This means that Case Managers normally schedule office appointments for parent/caretakers. However, there may be occasions where a face-to-face interview is not necessary.

Complete an interview either over the phone or in person.

EXAMPLE: A parent is receiving Food Stamp Employment & Training (FS E&T)AFDC Child Care (Category 12). The parent has an increase in income which closes her AFDC Her AFDC child care also closes. She is still working and needs child care.. The parent qualifies for Transitional Child Care. In this instance, sends the parent CCMIS generated AFDC letter 4030 (AFDC closing with text noting the possibility for getting another form of care). If the parent calls and requests continuation of child care, the Case Manager need not schedule the parent for a face-to-face interview to allow this.

Other instances may exist when face-to-face interviews may be waived before authorizing care (for example, because of a job, a parent needs to start care immediately). However, consult a supervisor before doing so.

Schedule appointments for formal interviews in the following manner.

When scheduling an applicant for an interview do so in the following manner.

A. As soon as reasonably possible after the parent/caretaker makes an informal contact set a specific day and time for an interview. Consider the parent/caretaker's schedule and attempt to schedule appointments at parent/caretaker convenience.

B. Advise the parent/caretakers parents/caretakers of the information they will need to bring to the formal interview. At a minimum parent/caretakers parents/caretakers should bring:

1. if employed, current pay stubs covering the 30 days immediately before from the most recent month of the date of application or a letter or employer statement (on company letterhead) noting the employer's name, the parent/caretaker's work schedule, earnings, frequency of pay, and start date;

2. if in training and/or school, a statement from the school/training program with starting and completion dates and days and hours required to attend or a copy of a registration form and class schedule;

3. any other income information;

4. any other information which may have a bearing on establishing need, such as:

a. in cases of a special need for either a child or an adult, parent/caretakers parents/caretakers must complete the Special Needs Form (Form #601);

b. for a protective need, a completed the Division of Family Services Referral; or

c. provide some other written documentation from a recognized professional (such as doctor, social worker, nurse, school counselor, etc.) of the special needs.

C. Along with appointment information, send and/or give parent/caretakers parents/caretakers a child care certificate package and a list of approximately five available contracted providers. Instruct parent/caretakers parents/caretakers to select a provider prior to the formal interview. Even though parent/caretakers parents/caretakers may ultimately select providers under contract with DSS, provide them with enough information to make an informed choice. Therefore, in all instances, send and/or give parent/caretakers parents/caretakers a certificate package and Guide to Quality Child Care booklet. Inform clients that if they fail to provide the DSS Case Manager with a provider within 60 days of eligibility confirmation and noticing, their case will close.

D. For parent/caretakers parents/caretakers who come into the office without a scheduled appointment, conduct the formal interview process that same day if possible. However, the parent/caretakers parents/caretakers need to select a child care provider before care can be authorized.

E. Though verification of the appropriate information to establish need is important, the system will authorize Presumptive Child Care service can be authorized for approximately one month while certain information verification is pending. in an emergency. In this case, the system will, give notice of needed information, authorize child care for approximately one month (depending on the date of application) and end date the authorization., allow parent/caretakers If the system does not authorize Presumptive Child Care, parents/caretakers will be given ten days from the date of the initial application to secure and provide the necessary documentation. If the parents/caretakers receive Presumptive Child Care and the initial application date in this case occurs between the first and the ninth of the month, the authorization for care will extend to the end of the current month. If the initial application in this case occurs from the tenth of the month or after, authorization for care will extend to the end of the following month. (For more information on Presumptive Child Care see section 11004.8.) If after the ten days, documentation is not provided, send the parent/caretaker a Failure To Provide Information Closing letter notice (CCMIS letter 4020) informing the parent/caretaker that services will end. If the parent/caretaker provides documentation, extend the authorization accordingly.

EXAMPLE 1: A parent comes into the office on January 6 and needs to start work beginning January 7. The parent meets eligibility criteria. The system will Authorize authorize Presumptive Child Care until January 31 and give the parent until January 22 16 to provide proof of employment. If by January 22 16 the parent provides proof, Create a new authorization to reflect a new authorization end date of June 30., enter the information and verification into the system and run SFU/EDBC. The system will generate a new authorization with the end date of June 30th. If by January 17 the parent fails to provide proof, CCMIS a DCIS II Child Care Sub system letter 4020 notice is mailed informing the parent that child care services will end as of January 31.

EXAMPLE 2: A parent comes into the office on January 12 and needs to start work beginning January 13. The parent meets eligibility requirements. The system will Authorize authorize care until February 28 and give the parent until January 22 to provide proof. If By by January 22 the parent provides proof. , enter the information and verification into the system and run SFU/ EDBC. The system will generate a new authorization with an end date of June 30th. Create a new authorization to reflect the new authorization end date of June 30. If by January 22 the parent fails to provide proof, CCMIS a DCIS II Child Care Sub system letter notice4020 is mailed informing the parent that child care will end as of February 28.

The formal interview will include:

A. an evaluation of parent/caretaker parents/caretakers need for child care services (see Section 11003);

B. a determination of financial eligibility as needed;

C. an assessment of the family's child care needs as well as the needs of the child(ren) to be placed in care;

D. an explanation of the available types of child care; the choices parent/caretakers parents/caretakers have regarding these provider types; the various provider requirements regarding licensure, possible co-pays, health, and safety, including record of immunization; and required child abuse and criminal history checks;

E. an explanation of DSS payment rates and parent fee scale, including a discussion of how fees are assessed, where fees are to be paid, what happens if the fee is not paid, and how parent/caretakers parents/caretakers are to keep DSS informed of changes that affect fees;

F. an explanation of parent/caretakers parents/caretakers rights and responsibilities;

G. completion of the Child Care Screening Application Application for Child Care Assistance, and as applicable completion of the Child Care Authorization and the Child Care Payment Agreement form; and

H. verification of appropriate information establishing need and income.

Upon concluding the interview, generate a CCMIS Approval (2000) or Denial (3000 or 3010) letter. This letter informs the parent/caretaker of the eligibility decision, the reason for the decision if eligibility is denied, and each child who is eligible or ineligible to receive services.

The entire process, from the time when parent/caretakers parents/caretakers make an informal request for child care to the time when a decision is finally made, should take no longer than one month.

Parent/caretakers Parents/caretakers who fail to keep their initial appointment for a formal an interview are given the opportunity to reschedule.

As part of the formal application process, use the parent/caretaker parents /caretakers interview to review and verify eligibility requirements. This interview will always include an evaluation of the parent/caretaker parents/caretakers need for child care and, as appropriate, a determination of financial eligibility. Section 11003, Eligibility Requirements, provides guidance for this review.

When a parent/caretaker makes a contact to inquire about child care, ask the following questions of the parent/caretaker to determine and verify need (these questions follow the eligibility requirements noted in Section 11003 and match CCMIS DCIS II Child Care Sub system need codes in the CCMIS User Manual, Section 9.8).

A. Is the parent/caretaker employed or in do they need of child care to accept employment? (Category 12 for Non- Food Stamp Employment & Training (FS E&T) TANF employed or Category 31 if not on TANF)? The caretaker must be part of the TANF grant to be a Category 12.

B. Is the parent/caretaker a former AFDC recipient who is now employed and no longer receiving AFDC because of this employment (Category 13 TCC)? Is the parent a TANF Employment and Training participant and needs care to participate in a TANF Employment and Training activity? (Category 11)

C. Is the parent/caretaker a Food Stamp Employment & Training (FS E&T) participant? (Remember, for a caretaker to be a Food Stamp Employment & Training (FS E&T) - AFDC participant, she/he must be part of the AFDC grant. This is Category 11 or 21.)

D. Is the parent/caretaker a self-initiated participant (Food Stamp Employment & Training (FS E&T), – AFDC)TANF, or a volunteer (Food Stamp) for mandatory or voluntary Food Stamp Employment & Training (FS E&T)? (This includes is Categories 11 or 21.)

E. Is the parent/caretaker enrolled in and regularly attending a training program or going to school? (Category 31)?

F. Is a special needs child or parent/caretaker in the household? (Category 31) ?

G. Is there a protective referral from Family Services? (Category 31)?

H. If the parent/caretaker meets a Category 13 or 31 need, is their the family income equal to or below 200 percent of the federal poverty level needs?

Use the appropriate documents identified in Section 11004.2 to verify the need for service. However, verification will not delay authorization of service in the event documentation is not immediately available. See Section 11004.3.1 Service Priorities, to determine what may delay service. Authorize service while allowing parent/caretakers parents/caretakers ten days to provide the appropriate verification. If the client is applying for services the system will automatically determine eligibility for Presumptive Child Care. The system will generate the appropriate notices, request the information and end date the authorization. If the client does not meet Presumptivepresumptive requirements and fails to provide requested information the system will close the case and give appropriate notice. (For more detail on Presumptive Child Care see section 11004.8) If after this time documentation is not provided, send the parent/caretaker the Failure to Provide Information Closing letter (CCMIS letter 4020) informing the parent/caretaker that services will end (see Section 11004.2 for details).

Place the appropriate category and service need in the marked boxes of the Child Care Screening Application (Form 600).

In addition to the eligibility questions in Section 11004.3, determine if the applicant meets a priority for service. If the applicant has a need, but is not a service priority, services may be delayed. Delay services by placing non-service priority applicants on a waiting list while authorizing service for those who are a priority. The following families qualify for priority service:

A. Food Stamp Employment & Training (FS E&T) - AFDC participants in approved Food Stamp Employment & Training (FS E&T) components TANF recipients who are Workfare mandatory and not working (Category 11);

B. Non- Food Stamp Employment & Training (FS E&T) families in Child Care TANF recipients who are working; (Category 12);

C. families who qualify for Transitional Child Care in Category 13;

D C. families qualifying for child care services under the Food Stamp Employment & Training (FS E&T) program in an approved Food Stamp Employment & Training (FS E&T) - AFDC component Individuals receiving FS who are mandatory E&T participants; (Category 21);

E D. Families in Category 31 with the following need for service:

1. teen parents who attend high school or ABE or GED programs,

2. special needs parent/caretaker or child, and

3. homeless families as defined in Section 11003.7.2;

4. families who meet the 75% of FPL criteria in Section 11004.7

F. E. protective children as referred by Family Services up to the number agreed upon between DSS and Family Services.

Parent/caretakers Parents/caretakers in the above circumstances will continue to receive child care services as long as they meet the service need and they continue to meet program requirements, e.g., they continue in Food Stamp Employment & Training (FS E&T).

As part of the formal application process, inform all parent/caretakers parents/caretakers of their right to choose a child care provider. Parent/caretakers Parents/caretakers may elect to use a provider under contract with DSS or elect to receive a child care certificate. The child care certificate allows parent/caretakers parents/caretakers to select any licensed non-contract provider or license-exempt provider. The child care certificate is part of a package of information provided to parent/caretakers parents/caretakers as part of the formal application process. It is necessary to not only provide parent/caretakers parents/caretakers with a copy of this package, but explain the purpose of this package and ensure that parent/caretakers parents/caretakers reasonably understand its contents.

Use the following as a guide to explain the child care certificate package.

A. Parents/caretakers Parent/caretakers can use this package to select a child care provider of their choice. However, they must select care that is legal. Legal care is care that is licensed or that is exempt from licensing requirements.

B. Licensed Care: In Delaware, all family child care homes, group homes, and child care centers must have a license to operate. Do not allow a parent to select an unlicensed family, group, or center child care provider.

C. License-exempt Care: The following provider types are exempt from licensing requirements in Delaware:

1. persons who come into the child's own home to care for the parent/caretaker's child,

2. relatives who provide care in their home for the parent/caretaker's child;

3. public or private school care,

4. preschools and kindergarten care, and

5. before and after school care programs.

Though the above provider types are exempt from licensing requirements, they are still required to meet certain health and safety standards. These standards are:

1. maintaining documentation of the child's immunization record,

2. safe and clean building premises,

3. providers and those 18 and older who live in the home where care is being provided must not have any record of child abuse or neglect (do not allow persons to provide care where there is a known record of abuse or neglect), and

4. relatives who provide care cannot be part of the welfare grant.

D. Once parents/caretakers parent/caretakers know the appropriate provider to select, they also need to know how DSS will pay for the care provided. DSS has established rates above which it will not pay (see Appendix II for current reimbursement rates).

Parents/caretakers Parent/caretakers will need to know these rates and whether or not the provider is willing to accept them. If the provider is willing, the certificate will act just like a DSS contract and DSS will pay the provider directly less any child care fee. If the provider is not willing, the parent/caretaker will self-arrange care with the individual provider.

If the provider contracted purchase of care slots are full, the provider may offer the parent/caretaker the option of receiving service as a purchase of care plus client. The provider then receives the regular DSS subsidy from the Division, the DSS determined parent fee and any additional fee determined by the provider from the parent/caretaker.

If the provider is not willing to accept purchase of care plus, the parent/caretaker will self-arrange care with the individual provider. The parent/caretaker will pay the provider and submit an original receipt to DSS for reimbursement. The parent/caretaker, however, will only receive reimbursement up to the DSS statewide limit.

E. The provider will need to complete and return the original copy of the actual child care certificate before Case Managers can authorize care. Relative and non-relative providers will also complete and return the Child Abuse/Neglect History Clearance Form or forms for all members 18 and older living in the home. If this form is not returned, discontinue care. Other exempt providers will need to keep a completed child/abuse and criminal history declaration statement on file for each child care staff member.

F. Service will not be delayed because of an incomplete child abuse clearance check, but remind parents/caretakers parent/caretakers that DSS will not pay for care if, after authorization, the check should reveal a history of abuse or neglect.

G. Allow parents/caretakers parent/caretakers one month to use a certificate. If the certificate is not used within that time, it no longer remains valid and the parents/caretakers parent/caretakers will need to obtain a new certificate if they still wish to receive service.

H. The original copy of the child care certificate is completed and returned by the provider. The certificate package provides instructions for completion. The provider should keep a copy.

I. The client has 60 days from confirmation of eligibility to provide the DSS Case Manager with the name of his/her provider. If the client fails to provide this information his/her case will close.

8 DE Reg 1153 (2/1/05)

DSS programmed the CCMIS DCIS II Child Care Sub system to make eligibility decisions. As Case Managers enter the appropriate parent/caretaker information, the CCMIS DCIS II Child Care Sub system will notify Case Managers whether they can proceed to authorize service. As a case is determined either eligible or ineligible, use the appropriate letter of the CCMIS letter function the DCIS II Child Care Sub system will send the appropriate notice to inform the parent/caretaker of the DSS child care eligibility decision. Letters are not automatically generated by the CCMIS; therefore, ensure they complete this step. Parent/caretakers Parents/caretakers, whether ineligible eligible or not, will always receive a written decision regarding their official request for child care services.

Complete a an Child Care Eligibility Screening Application Application for Child Care Assistance for all parent/caretakers parents/caretakers before authorizing child care services. The information from this form becomes the basis upon which child care services are authorized. Therefore, the information should be as complete and accurate as possible. It is important for the parent/caretaker requesting service to sign this application. Their signature represents their official request for service. If a face-to-face interview is not conducted to obtain the information to complete the application, obtain the parent/caretaker signature on the application at the earliest opportunity after service is authorized. Do not allow parent/caretakers parents/caretakers to receive services beyond one month without having a signed application on file.

When it is necessary to authorize new child care services to parent/caretakers parents/caretakers because of a category change (such as parent/caretakers parents/caretakers going from a Category 11 to 13 31), it is not necessary to have parent/caretakers parents/caretakers complete a new child care screening application. This enables DSS to maintain the concept of seamless service.

It will not be possible to complete a child care application until a case is created in the CCMIS. Only by creating a case is it possible to authorize and allow payment for child care services. If the CCMIS is not functioning when the parent/caretaker is interviewed, manually complete the information needed to create a case and authorize care, and enter the information into the CCMIS at the earliest opportunity. The beginning date for service in this instance will be the actual interview date or the date the parent/caretaker needs service to begin. Follow the Client Management Section of the CCMIS User Manual.

In creating a case, observe the following rules.

A. The first person entered in the case is the casehead, e.g parent/caretaker.

B. Complete a search of the Master Client Index (MCI) for each participant before initiating new records (see the User Manual for instructions). If clients are not currently receiving DSS benefits, ask if clients ever received benefits in the past. This will assist the MCI search.

C. Register each participant (i.e. parent/caretaker or child) who is not already registered in the Master Client Index.

D. CCMIS data screens have required data fields. These fields are "starred" on the CCMIS data screens. It is necessary to complete the data for these fields before the system will allow case processing to proceed.

E. When entering a "new" case, enter an "N" for Action Type (see the User Manual for coding instructions).

F. Review dates for new cases on the CASE INFORMATION screen should have a maximum time period of six months from the date of application (use end of month dates, e.g. January 31). Time periods can be for less time, but must never exceed six months. This date does not correspond to the authorization ending date, but is used for Case Manager worklisting purposes. The next review period is the time during which redetermination of parent/caretaker eligibility is done to ensure that child care services can either continue or should close.

G. DSS programmed the CCMIS to allow for entry of information related to category and need at the child level instead of the case level. DSS did this to enable Case Managers to split children into different categories when all the children from the same household cannot be placed into one category.

EXAMPLE: Two children are in the home, one child is part of the AFDC grant and can receive care under Category 12 and the other child in the home is not part of the AFDC grant. The parent/caretaker also needs child care for this child. By entering information at the child level, it is possible to place this child into a Category 31 and spilt the two children by category for funding purposes.

Case Managers, therefore, determine category and need based on the parent/caretaker's circumstances, but enter this information in the CCMIS at the level of the child.

H. It is not possible to add income sources or employers for active DCIS cases (i.e. open in AFDC or Food Stamps). However, it is possible to adjust wages or other income sources. Remember it is from these income sources that the CCMIS will determine financial eligibility and fees. Case Managers should make every effort, therefore, to ensure this information is accurate.

I. Once all appropriate casehead information has been entered, add the "child" participant(s) to the case. Add child participant(s) in the same way as the casehead. However, enter information related to category and need, and the fee waived reason (if the fee is to be waived), at the child level for this information to register in the CCMIS. If this is a Category 11 or 12 case, the CCMIS waives the fee automatically.

Presumptive Child Care is a limited one to two month eligibility period and authorization for child care. This will be automatically generated when a mandatory verification field is in the “pending verification” status and the parent/caretaker did not receive Child Care in the previous month.

When the case is entered into the DCIS II Child Care Sub system and the status is pending due to verification needed, the system automatically calculates the 10 day period allowed for the return of necessary information. If the case is entered and the 10 day calculation falls prior to adverse action, the system will generate an authorization for the current month only. If the case is entered and the 10 day calculation falls after adverse action the system will generate an authorization for the current month and the next month only. Eligibility will be denied after the presumptive period if the client does not return the necessary information. It will be necessary to change the appropriate fields and check verified if the client returns the necessary information. The system will generate the appropriate notices.

If a client was opened in Presumptive Child Care or denied Presumptive Child Care in the previous determination, Presumptive Child Care will not be issued.

See Administrative Notice: A-7-99 Child Care Issues

Once a case is created, service must be authorized before parent/caretakers parents/caretakers can receive subsidized child care. Authorization is both the name for the form (618d) and the process to grant parent/caretakers parents/caretakers child care services (see Section 11002.9 for definition).

Complete a separate authorization for each child who is eligible to receive child care services. Therefore, if there is more than one child in a family who needs service, complete separate authorizations for each child. Complete an authorization by creating one in the CCMIS DCIS II Child Care Sub system. Again, as when entering a case, CCMIS in DCIS II authorization data screens have required data fields which are "starred." highlighted. Complete these data fields before proceeding. Follow the rules below in creating authorizations.

A. Obtain provider information before completing an authorization. This means that if parent/caretakers parents/caretakers wish to select a provider by using a child care certificate, they must have the certificate returned before an authorization can be issued.

B. Parent/caretakers Parents/caretakers can only choose providers who are either self-arranged, licensed exempt or who can be matched to existing information in the Site Referral function of the CCMIS DCIS II Child Care Sub system., If the provider selected has a contract with DSS, this provider will be listed in the CCMIS DCIS II under the Site Referral section. Access these providers through their site ID# or site search. Finally, if parent/caretakers parents/caretakers use a certificate and they select a contracted provider, consider this as contracted care even though the parent/caretaker used a certificate.

C. When parent/caretakers parents/caretakers wish to self-arrange child care, ensure the parent submits the information on the Self-Arranged Provider Agreement and Registration Form. When parent/caretakers parents/caretakers wish to arrange certificate child care, ensure the parent submits the information on the Child Care Certificate Provider Agreement and Registration Form. Send the appropriate form to the Child Care Monitor for CCMIS processing. The monitor will notify the Case Manager when the information is data entered.

D. When the monitor notifies the Case Manager that data has been entered in CCMIS, enter effective and expiration dates on the authorization. Effective dates will always start when service is due to begin. In most cases, service will begin either the same day the authorization is completed or on a date in the near future. However, there may be occasions when service will begin prior to the actual date of the child care interview.

EXAMPLE 1: The TANF parent who self-initiates a Food Stamp Employment & Training (FS E&T) training or education component. In this case, make the authorization effective as of the date the parent started the component activity if the parent needed child care for the activity. and was financially eligible.

EXAMPLE 2: When a Child Care Case Manager receives a protective referral from Family Services after child care services have already started.

EXAMPLE 3: A parent/caretaker who has already obtained child care, but who meets the eligibility criteria for Transitional Child Care, e.g. the parent/caretaker's AFDC case closed because of employment, they are now getting child care on their own, but did not realize until now that they could qualify for TCC.

The ending date for the authorization period means the last day for which Case Managers can authorize care. The authorization period will differ depending upon the child care category can not exceed the recertification date. This is for all categories of care.

1. For categories 11, 12, and 21 child care, authorize care for periods of up to one year.

2. For Category 13, Transitional Child Care, authorize care for the parent/caretaker's entire eligibility period up to a maximum of 12 months.

NOTE: Eligibility for TCC begins the first month after the closing of the AFDC case and extends for 12 consecutive months.

3. For Category 31 child care, authorize care for periods of up to six months or less depending upon the parent/caretaker's circumstances.

Though care can be authorized for periods greater than six months, it is still necessary to review each child care case at least every six months to ensure that the parent/caretaker remains eligible for services.

As noted above, the ending date will always be the last day of the month of the authorization period.

EXAMPLE: A Category 11, 12, or 21 case has an effective date of January 17 and an ending date of December 31 of the same year, the last day of the one year authorization period.

F. E. Ensure that service is authorized only for the days and hours that parent/caretakers parents/caretakers actually need care. Therefore, only enter the following on the DCIS II Child Care Authorization Detail screens. authorization:

1. the appropriate number of days per week that parent/caretakers parents/caretakers will need care, for example 1, 2, 3, 4, or 5 days;

2. the appropriate type of care needed, half-day (P), full-day (X), day and a half (T), or two full days (D) (supervisory approval is necessary for T and D care);

3. whether absent days are paid (absent days correspond to the number of authorized days, however, when care is self-arranged, DSS pays only for the days the child attends care). If a client is authorized for 7 days s/he does not receive paid absent days;

4. whether extended care is authorized; and

5. whether school care is authorized.

Refer to the User Manual to enter the appropriate codes.

G. When completing authorizations for Food Stamp Employment & Training (FS E&T) participants (Categories 11 or 21), complete the Employment and Training type and the Employment and Training component fields of the authorization screen. Employment and Training type refers to whether the participant is mandatory or a volunteer. Components refer to participant activities. The User Manual contains the appropriate codes.

H.F. The remaining fields (Category, Waive Fee Reason, Family Size, and Family Income) of the authorization screen are system completed, depending upon the information previously entered. on the CHILD CARE CASE INFORMATION screen. The authorization is now complete. Press the appropriate key to post the authorization in the system. Click the ‘save’ button. Complete separate authorizations if there are more children who need care.

Complete a change to an existing authorization whenever a situation occurs within the authorization period which requires a change to the parent/caretaker's situation. The CCMIS DCIS II Child Care Sub system defines this as a Change Authorization. Examples of when Change Authorizations occur are:

A. a change in the authorized level of service, for example number of days, type of service, absent days, etc.;

B. a change of provider;

C. a change in category;

D. a change in parent/caretaker need;

E. a change in family size;

F. a change in income; or

G. a change in the child care fee.

To make any changes necessary to the current Authorization, navigate to the Child Care Authorization Details II screen, make the change and re-run SFU/EDBC.

Change Authorizations always affect future events, meaning the change will affect future transactions (i.e., future payments for child care).

If the change, however, needs to be made to old transactions (authorizations for which DSS already made payment), complete a "Correct Transaction". See the Correct Transaction Section of the User Manual. The Correct Transaction function will, however, only affect positive changes, meaning the change caused an increase in service or a change in the child care fee, thereby increasing the provider payment. If the change were negative, meaning a decrease in service, process as an overpayment.

When changes to an authorization cause a decrease in parent/caretaker service (e.g., less care, increase in fee), DSS considers this a negative change. According to the CCMIS DCIS II Child Care Sub system, negative changes will occur the first day of the next month. Provide the parent/caretaker with adequate and timely notice whenever such a negative change occurs. DSS programmed the CCMIS DCIS II Child Care Sub system to allow for timely notice. Therefore, any negative change will not cause a change to the authorization unless sufficient time remains in the current month for Case Managers to send the parent/caretaker notice of this change. If there is not sufficient time, the change will not occur until the first day of the month following the next month.

EXAMPLE: On January 20, Case Manager X is notified by parent Y of an increase in parent Y's income. Case Manager X posts the adjusted income to the ACTIVE CLIENT EMPLOYMENT SUMMARY DCIS II income screen. (enter an "X" for Change on the CHILD CARE CASE INFORMATION screen).

The adjusted income will increase the child care fee on the authorization, which is a negative change (i.e., parent Y will have to pay a higher fee). Since this change occurs after January 20 (change does not occur until the next work day), the CCMIS DCIS II Child Care Sub system will not make parent Y's new fee effective until March 1. Case Manager X The DCIS II Child Care Sub system sends parent Y a letter notifying parent Y of the higher fee. (see the Letter function in the User Manual).

NOTE: The CCMIS does not automatically produce letters. Case Managers must complete this function.

DSS considers changes which increase the level of parent/caretaker service (e.g., increase in the number of days, reduction in fee) a positive change. The CCMIS DCIS II Child Care Sub system is programmed to allow positive client changes to occur the first day of the current month.

A neutral change, like a change in category, will generally take place the first day of the next month. However, some category changes, going from a Category 11 or 12 (no fee) to a Category 13 31 will cause a negative change. The parent/caretaker will now have to pay a fee.

EXAMPLE: Parent Y who was a Food Stamp Employment & Training (FS E&T) TANF participant and a Category 11 obtains a job. The job causes parent Y's TANF case to close. Parent Y can no longer get Category 11 child care, but qualifies for Category 11 31.31, TCC. Complete a Change Authorization to do a category change. Enter new income in the DCIS II income screens. Parent Y's TANF case is due to close on January 31, but the change is not completed until after January 21. Notify parent Y of the TANF closing. Verify parent Y's request for TCC and then make the category change from 11 to 13. Notify parent Y of the new child care fee. The category change takes place as of March 1. The DCIS II Child Care Sub system will automatically change the category code from 11 to 31, and give notice once the client is no longer eligible for TANF but continues to be eligible under category 31.

The expiration dates for Change Authorizations will remain the same as on the original authorization.

Correct Transactions

If a change needs to be made to an old transaction (authorizations for which DSS already made payment), go to the Correct Transaction screen. The Correct Transaction function is located in DCIS II Child Care Sub system. Correct transactions can only be completed for positive changes, meaning the change caused an increase in service or a change in the child care fee, thereby increasing the provider payment. The only areas that can be changed on a transaction are:

A. family size increase

B. income decrease

C. waive fee code added

D. absent days change from no to yes

E. extended care changes from no to yes

F. days per week

G. type of day

Case Managers can only make corrections in the above areas to transactions created within the last 3 months. Supervisors may make changes in the above areas to any past transaction. Changes to transactions that are not editable (not listed above) will have to be referred to the Child Care Monitors.

If the change was negative, meaning a decrease in services, process an overpayment.

See Administrative Notice: A-7-99 Child Care Issues

Authorizations remain effective for the entire authorization period as long as parent/caretakers parents/caretakers continue to meet the requirements for service (such as the parent/caretaker remains a Food Stamp Employment & Training (FS E&T) participant, keeps employment, remains income eligible, etc.). At least once every six months and just prior to the end of each authorization period, review/redetermine the circumstances of each parent/caretaker to see if child care services can continue. The review/redetermination process will differ for each child care category.

A. For Category 11, 12, and 21 child care cases, perform the following every six months:

1. review each Category 11 and 21 case to ensure the parent/caretaker is still active with Food Stamp Employment & Training (FS E&T) by having the parent/caretaker provide some proof they are a Food Stamp Employment & Training (FS E&T) participant;

2. review each Category 12 case to ensure that the parent/caretaker is still employed by having the parent/caretaker provide some proof of employment.

For this review, It will not always be necessary to schedule parent/caretakers parents/caretakers for a face-to-face interview or to repeat the application process. As long as parent/caretakers parents/caretakers provide some proof that they remain employed, a Food Stamp or TANF Employment & Training (FS E&T) participant or, remain an employed TANF recipient, and verify income or special needs and remain income eligible, they remain eligible for child care services. However, at least once per year, schedule parent/caretakersparents/caretakers for a face-to-face interview.

Prior to the end of each authorization period, not only complete the review described above, but also complete a new authorization under Action Type "R" for redetermination and set new dates for the next authorization period.

Because parent/caretakers receiving Category 11, 12, and 21 child care can receive child care as long as they meet requirements, Do not allow an authorization to end or close a case without first providing parent/caretakers with timely and adequate notice. Do not simply send Category 11, 12, and 21 families a redetermination notice and then close a case if there is no response to this notice (i.e. they either fail to keep an appointment or fail to provide requested information). Send a separate ten day closing notice to parent/caretakers who fail without good cause to keep an appointment or provide proof of information about Food Stamp Employment & Training (FS E&T) or employment. If after ten days there is no response, close the case at the end of the current month. However, if the ten days extends into the next month, the case will not close until the end of the following month.

EXAMPLE: A parent fails to keep a redetermination interview scheduled for January 21. Send a notice advising the parent that child care will end February 28, the end of the following month.

If parent/caretakers parents/caretakers fail to show for a recertification interview or fail to provide necessary documentation, close the Child Care case. If the parents/caretakers provide good cause for their failure to act, and the case has not closed, continue service. If the case has closed complete the redetermination and backdate to the first day of the month the authorization would have begun.

Good cause can be anything believed to be reasonable, but generally includes things such as:

1. illness;

2. court required appearance;

3. a household emergency (fire, heating problem, family crisis, etc.);

4. lack of transportation; or

5. bad weather.

Do not allow an authorization to end or close a case without first providing ensuring the parent/caretakers parents/caretakers with were given timely and adequate notice.

If it is believed that good cause does not exist, but the parent/caretaker requests a fair hearing, close the case after proper notice. Child care services for Category 11, 12, and 21 do not continue pending the outcome of a fair hearing.

If a Category 11, 12, or 21 case is closed without providing timely and adequate notice, it is to be administratively reopened to ensure uninterrupted service.

B. For Category 13 child care cases, at least every six months:

1. review each Category 13 case to ensure the parent/caretakers are still employed by having them provide some proof of employment;

2. review income and family size information to determine income eligibility and to reset the child care fee (if income changes the fee, do a Change Authorization to set a new fee);

3. complete a new Child Care Payment Agreement Form resulting from a change in fee;

NOTE: If the fee increases, the new fee will not take effect until proper notice is given. When the Change Authorization is completed, the CCMIS DCIS II Child Care Subsystem will determine whether the change can occur the first day of the next month or the first day of the month following the next month.

4. close the parent/caretaker if income is over the 200 percent of poverty limit.

NOTE: Give proper notice. If unable to give ten day notice of the closing before the end of the month, then the case will not close until the last day of the next month.

For this initial review, it will not be necessary to conduct a face-to-face interview or to repeat the application process. However, parent/caretakers will have to submit documentation for Case Managers to verify employment and income.

Prior to the end of the TCC authorization period, send parent/caretakers an appointment letter for a redetermination interview. At this appointment, redetermine the parent/caretaker's eligibility for service as a Category 31 child care case. Service cannot continue if the parent/caretakers fail to meet Category 31 eligibility requirements.

If parent/caretakers fail, without good cause, to either provide proof of employment and income or to keep their appointment, follow the notice requirements noted above regarding Category 11, 12, and 21 cases. Note the following difference: TCC services can continue pending a fair hearing request, but only within the 12 month limitation.

Parent/caretakers whose TCC eligibility ends, but who meet requirements for Category 31 child care, can continue receiving child care. Complete a new authorization under Action Type "R" for redetermination. Complete a category change and set a new authorization period. Since this is now a Category 31 case, the authorization period should now be six months.

C. For Category 31 child care cases, perform the following at least every six months:

See Administrative Notice: A-7-99 Child Care Issues

1. complete a redetermination by scheduling parent/caretakers for a redetermination interview and requesting parent/caretakers to provide verification of need and income;

2. at the redetermination interview, redetermine eligibility using the criteria in Section 11003, Eligibility Requirements;

3. update case information (it will not be necessary for the parent/caretaker to complete a new application);

4. update the child care fee by reviewing income and family size;

5. complete a new Child Care Payment Agreement Form;

NOTE: Complete a new form whether the fee changes or not. Also, if the fee increases, the fee will not take effect until proper notice is given. Do not use the approval letter in the CCMIS to notify parent/caretakers of the fee change. Use instead the Child Care Approval Letter after Redetermination (Form 629).

6. complete a new authorization under Action Type "R" for redetermination and set new dates for the authorization or close the case if the parent/caretaker is no longer eligible.

Parent/caretakers who fail without good cause to keep their redetermination interview, or who do not provide verification of need and income, will have their child care case close. Though there is no requirement in Category 31 cases to provide parent/caretakers with notice of this closing, send a Generic Closing Letter (Form 630), to the parent/caretaker. State the reason for the closing on this form.

In situations where good cause is believed (such as a parent/caretaker calls the Case Manager with this information), or where the parent/caretaker is unable to keep the interview appointment due to illness, it is possible to do a redetermination for one month to allow the parent/caretaker time for another interview.

Parent/caretakers Parents/caretakers whose child care case closes because of their failure to keep a redetermination interview or provide verification of need and income may request a fair hearing. Child care services, however, will not continue past the authorization end date.

In the event the agency errs in not completing a redetermination before a parent/caretaker's current authorization expires (such as change of Case Manager causes no redetermination letter to go out), still do a redetermination authorization, backdated to the first day of the month the new authorization would have begun had the agency not erred.

Parent/caretakers Parents/caretakers whose child care cases close because they failed to keep a redetermination or provide verification, can reapply for service (see instructions for reopening a case in the User Manual). However, if DSS is in a "wait list" situation, these parent/caretakers parents/caretakers will be subject to DSS' priority service order (see Section 11004.3.1).

A parent/caretaker's authorization for service should end when any of the following occurs:

A. the parent/caretaker need no longer exists,

B. the parent/caretaker's income exceeds income limits,

C. the parent/caretaker fails to pay the child care fee fees or fails to make arrangements to pay past fees owed,

D. the parent/caretaker refuses to provide requested information or verification of eligibility,

E. the parent/caretaker is a Food Stamp Employment & Training (FS E&T) participant who is sanctioned,

F. a protective case fails to follow the Division of Family Services case plan,

G. a TCC parent/caretaker quits a job without good reason,

H.G. at the request of the parent/caretaker, and

I.H. if program funds should be reduced, ,and,

I. if a parent/caretaker is a TANF child care participant who is sanctioned.

When a case needs to be closed due to one of the above reasons, complete the Close Case function in the CCMIS (see instructions for closing cases in the User Manual).

When closing cases for Categories 11, 12, 13, and 21, send the appropriate closing notice which provides a ten day notice. (see discussion above in Section 11004.11). Even though DSS programmed the CCMIS DCIS II Child Care Sub system to allow for ten day notice before an authorization closes. , and informs the participant of his/her right to a Fair Hearing., separately send the notice through the CCMIS letter function. For Category 31 cases, send a Generic Closing Letter (Form 630). State the reason for the closing on this form.

When parent/caretakers make a request to close their case, allow a minimum of five care days to notify providers of the case closing. Again the CCMIS is programmed to make allowance for this time.

When a case and the authorization is closed the system will end date the case and authorization the last day of the current month or the next month if 10 day notice can not be given.

A. Parent/caretakers Parents/caretakers have the responsibility to give accurate information to Case Managers concerning their financial status and their need for service. Failure to provide requested and accurate information could lead to a denial and/or termination of service.

B. Parent/caretakers Parents/caretakers have the responsibility to report changes in their financial status and need for service as these changes occur. Failure to do so could lead to termination of service.

C. Parent/caretakers Parents/caretakers have the responsibility to pay their assessed child care fee. Parent/caretakers Parents/caretakers pay the fee directly to the provider at a schedule determined by the provider. Providers have the right to deny service to parent/caretakers parents/caretakers who fail to pay their fees.

D. Parent/caretakers Parents/caretakers have the responsibility to abide by the provider's rules and procedures regarding the operation of their child care facility. Failure to do so could lead to termination from the provider's program. (Such a termination will not cause termination from DSS' subsidized child care services, but can make it difficult for DSS to locate another placement.)

E. Parent/caretakers Parents/caretakers have the responsibility to reimburse DSS for any payments made on their behalf for which they were not eligible. DSS has the right to recoup such overpayments. In cases where fraud is suspected, recovery must be attempted.

Child care case records are maintained in accordance with DSSM policies as noted in Section 1000 under the heading Administration. However, ensure that child care case records contain, at a minimum, the following information:

A. a copy of the Child Care Screening Application Application for Child Care Assistance (Form 600);

B. verification of child care need, such as pay stubs and/or employer letter, school or training registration, special needs form;

C. verification of income, such as pay stubs or employer letter;

D. as applicable, documentation of a request for Transitional Child Care services;

E.D. a copy of the Child Care Payment Agreement (Form 601b); and

F.E. any information pertinent to the child care case, such as protective referral, etc.

Authorizations, client notices, and other pertinent case information is contained in the CCMIS DCIS II Child Care Sub system. The CCMIS DCIS II Child Care Sub system is considered an electronic case file and, therefore, equally or more valuable as the manual record. Maintain both the manual file as well as the electronic file in an up-to-date manner.

*Please Note: As the rest of the sections were not amended, they are not being published. A complete set of the rules and regulations for the Division of Social Services is available at:

http://www.dhss.delaware.gov/dhss/dss/index.html