DEPARTMENT OF HEALTH AND SOCIAL SERVICES

Division of Social Services

Statutory Authority: 31 Delaware Code, Section 512 (31 Del.C. §512)

16 DE Admin. Code 11004

PROPOSED

PUBLIC NOTICE

Processing Applications for Child Care

In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of 31 Del. C. § 512, Delaware Health and Social Services ("Department") / Division of Social Services (DHSS/DSS) is proposing to amend the Division of Social Services Manual (DSSM) regarding Purchase of Care, specifically, to update the formatting and text to provide clear child care application requirements and procedures for DSS staff, stakeholders, and the public.

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, Division of Social Services (DSS), 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906, by email to Nicole.M.Cunningham@delaware.gov, or by fax to 302-255-4413 by 4:30 p.m. on July 1, 2021. Please identify in the subject line: Processing Applications for Child Care.

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

SUMMARY OF PROPOSAL

The purpose of this notice is to advise the public that Delaware Health and Social Services/Division of Social Services (DHSS/DSS) is proposing to amend Division of Social Services Manual (DSSM) regarding Purchase of Care, specifically, to update the formatting and text to provide clear child care application requirements and procedures for DSS staff, stakeholders, and the public.

Statutory Authority

• 45 C.F.R 98.20

• 31 Del. C. §503(e)

• 31 Del. C. §508

• 31 Del. C. §512(1)

Background

DSSM 11004.1 Processing Applications for Child Care explains the requirements for parents and caretakers to apply for child care assistance, including application methods and verification requirements. DSSM 11004.8 Defining Presumptive Child Care Services explains that parents and caretakers may be eligible for presumptive child care services for a one- or two-month period when the parent or caretaker has an immediate need for child care but has not submitted all mandatory verifications to DSS. These policies also detail application processing procedures for DSS staff.

Summary of Proposal

Purpose

The purpose of DSS amended DSSM 11004.1 and 11004.8 is to update the formatting and text to provide clear child care application requirements and procedures for DSS staff, stakeholders, and the public. DSS added examples of when child care is guaranteed, application methods, and types of verifications to DSSM 11004.1.

Summary of Proposed Changes

Effective for services provided on and after August 11, 2021, DHSS/DSS proposes to amend the DSSM regarding Purchase of Care, specifically, to update the formatting and text to provide clear child care application requirements and procedures for DSS staff, stakeholders, and the public.

Fiscal Impact

DSS amended these regulations to provide clear and accurate directions on application processing for child care. These regulations are currently in place and there are no new financial responsibilities associated with the amendments.

11004.1 Application Process Processing Applications for Child Care

45 C.F.R 98.20

The 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 Application for Child Care Assistance;

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

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

H. as appropriate, completion of the Service Authorization Form;

I. completion of the Child Care Payment Agreement; and

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

This policy applies to parents and caretakers who submit an application for child care assistance.

1. DSS will provide child care assistance for eligible children when a parent or caretaker:

• Participates in a TANF or Food Benefit Employment and Training (E&T) program;

• Participates in the TANF Transitional Work Program (TWP);

• Is employed or accepts an offer of employment;

• Receives protective services from the Division of Family Services (DFS); or

• Verifies a special need.

2. A parent or caretaker may apply for child care:

• In person at any DSS location;

• Over the phone with a DSS case worker;

• By mailing, faxing, or emailing a completed application to the local DSS office; or

• Online through Delaware ASSIST or other online application methods.

3. DSS will interview the applicant and process the signed child care application within two business days.

The filing date will be the effective begin date for assistance.

4. A parent or caretaker must verify household income and the need for child care during the application

process.

A. A parent or caretaker must verify the last 30 days of earned and unearned income received prior to

the date of application for DSS to determine financial eligibility.

i. Earned income may be verified by:

a. Wage stubs;

b. A signed employer statement on employer letterhead noting the employee’s name, start

date, work schedule, earnings, and frequency of pay;

c. Verification of Employment (Form 170); or

d. A data match confirming employment and income.

ii. Unearned income may be verified by:

a. Award letters;

b. Pension statements;

c. Court order documentation;

d. Other forms of documentation from sources verifying the gross unearned income amount; or

e. A data match confirming unearned income.

B. A parent or caretaker must verify their need for child care by providing:

i. Wage verification or an offer of employment that includes the amount of work hours;

ii. A schedule, proof of registration, or statement from an authorized education program

verifying the start date, days and hours of attendance, and expected completion date;

iii. A schedule, proof of registration, or statement from an authorized training program verifying

the start date, days and hours of attendance, and expected completion date;

iv. A DFS referral for protective care; or

v. Child Care Medical Certification Form (Form 611) or written documentation completed by

a physician or medical professional that verifies a special need and the required care.

C. Presumptive child care may open when a parent or caretaker reports income and a need for

child care but has not provided all mandatory verifications in accordance with DSSM 11004.8.

5. A parent or caretaker must provide all mandatory verifications, complete an intake interview, and

make a provider selection within 30 days from the application date for child care to become

effective on the application filing date.

A. If information is returned after 30 days of the application date, but before 60 days, child care

will begin on the date verifications are received.

B. If information is not returned before 60 days from the application date, the parent or caretaker

must reapply for child care.

6. DSS must inform parents and caretakers of their:

• Eligibility determination;

• Monthly parent copayment amount; and

• Rights and responsibilities for the Child Care Subsidy Program.

7. DSS must give parents and caretakers a Subsidized Child Care Client Agreement (Form 626)

when child care approval cannot be generated from the eligibility system.

9 DE Reg. 572 (10/01/05)

11004.8 Defining Presumptive Child Care Services

31 Del.C. §503(e), 508, and 512(1)

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.

This policy applies to parents and caretakers who need immediate child care services, but who have not

verified all mandatory eligibility factors.

1. Parents and caretakers may self-declare income and the need for child care at the time of application

and receive presumptive child care services if they are determined eligible pending verifications.

2. Presumptive child care is limited to a one- or two-month eligibility and authorization period.

A. If a case is pending verifications prior to adverse action, child care will be approved for the current

month only.

B. If a case is pending verifications after adverse action, child care will be approved for the current

month and the next month only.

3. Parents and caretakers are not eligible for presumptive child care if they:

• Received child care assistance in the previous month;

• Were open in presumptive child care in their previous eligibility determination; or

• Were denied for presumptive child care in their previous eligibility determination.

4. DSS case workers will:

A. Process the child care application and complete the intake interview within two business days

for parents and caretakers in need of presumptive child care services.

B. Enter the application information and select "pending verification" for missing mandatory

verifications in the eligibility system. The eligibility system will automatically open presumptive child

care if the parent or caretaker is eligible in accordance with section (3) of this policy.

C. Enter the presumptive child care authorization period of one or two months after the child care

has been confirmed.

D. Inform the parent or caretaker in writing of the mandatory verifications required to complete

the eligibility determination for child care.

E. Update the mandatory verifications in the eligibility system to "verified" once the parent or caretaker

provides the mandatory verifications.

i. The case worker will also update the authorization to the next review period, which will be 12

months from the application filing date, unless a shorter authorization period was requested

in writing in accordance with DSSM 11004.5.

F. Update the mandatory verifications in the eligibility system to "not verified" one day after the

requested return date if the parent or caretaker fails to provide the mandatory verifications.

i. The child care case will close at the end of the presumptive child care authorization period.

9 DE Reg. 572 (10/01/05)

24 DE Reg. 1047 (06/01/21) (Prop.)

DEPARTMENT OF HEALTH AND SOCIAL SERVICES

Division of Social Services

PROPOSED

Processing Applications for Child Care

Government and Services