POLICY AMENDMENT - FINAL

Delaware Department of Health and Social Services

Division of Social Services

Policy and Program Development Unit

“Application for Social Services and Internet Screening Tool” or “ASSIST”

means an online self-service portal that allows individuals to apply for health and social service benefits in Delaware.

“ASSIST Worker Web” or “AWW”

means the system that DSS uses to screen and determine benefit eligibility.

Authorization

Form 618d or 626 is the parents/caretakers authority to receive subsidized child care services and is the provider's authority to provide subsidized child care services to eligible parents/caretakers. The authorization informs providers how much care a parent is authorized to receive, what DSS will pay the provider, and what parents/caretakers must pay as part of their fee.

“Authorization”

means a child is approved for child care services. The authorization specifies the approved amount of care a child is eligible to receive.

1. DSS will enter the authorization for care after the child care case

is confirmed and opened.

2. DSS will send notification of the child care authorization to the

parent or caretaker by a notice generated from AWW or by DSS

Form 626 “Subsidized Child Care Client Agreement”.

3. The authorization provides the parent or caretaker the ability to

receive subsidized child care services.

4. The authorization gives the child care provider the authority to

provide subsidized child care services.

5. The authorization [also] informs the child care provider of:

 The amount of care the child is authorized to receive;

 The DSS payment amount to the provider; and

 The parent or caretaker copayment amount to the provider.

Caregiver/Provider

The person(s), other than the parent/caretaker, whom DSS approves to provide child care services or the approved place where care is provided.

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.

“Caretaker”

means the non-parent adult who is responsible for the primary support and guardianship of a child.

1. The caretaker acts in the place of the parent.

2. If custody or guardianship has not been legally granted to the

caretaker, DSS must make a referral to the Division of Family

Services (DFS).

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:

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.

CCMIS

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

Child

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

“Child”

means a person who is eligible for the Child Care Subsidy Program based on age or special need. To be determined eligible for child care services, the child must be:

 Under the age of 13 years old; or

 Between the ages of 13 and 19 years old and physically or mentally incapable of self-care or in need of protective

services.

“Child Care and Development Block Grant “ or “CCDBG”

means the block grant that supplies federal funding for the Child Care Subsidy Program. CCDBG is also known as the Child Care and Development Fund (CCDF). The CCDBG provides:

Child Care Category

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

“Child Care Category”

means the code for the child care funding source or the family’s technical eligibility for services. The child care category codes are as follows:

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 13 or more children, who are unattended by a parent or guardian.

“Child Care Center”

means a licensed child care facility that provides child care services. A child care center is open less than 24 hours per day and provides services to twelve or more children.

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 parents who wish to select a non-contracted provider of their choice cannot get care unless the provider completes one.

“Child Care Certificate”

means a form issued to a parent or caretaker that permits the parent or caretaker to choose a child care provider who has a contract with DSS.

1. The certificate allows the parent or caretaker to select the DSS

contracted provider of their choice.

2. The certificate is not an authorization for child care services.

Child Care Parent 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 of care requested.

Child Care Services

Those activities that assist eligible families in the arrangement of child care for their children.

“Child Care Services”

means the activities that assist eligible families in the arrangement of child care for their children.

“Child Care Subsidy Program”

means the program that provides financial support to eligible Delaware families who need assistance paying for child care. The program also assists families who are having difficulty locating care for their children, including children who need care during non-traditional hours, children who are English language learners, and children who have special needs.

Child Care Type

Refers to the setting or place where child care is provided. The four types of care are:

“Child Care Type”

means the setting or place where child care is provided.

1. DSS categorizes child care types and assigns a site number

to all new providers.

Children From Low Income Families

Children in families whose income is less than 200% of the Federal Poverty Limit (FPL).

“Code of Federal Regulations” or “CFR”

means the codification of the rules published by the federal government to implement federal legislation. The rules have the force of law once they become effective.

DCIS II

Delaware Client Information System, the automated client eligibility system for the Department of Health and Social Services.

Educational Program

Educational Program - A program of instruction to achieve:

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

“Educational Program”

means a program of instruction to achieve at least one of the following:

Employment

Employment - Either part-time or full time work for which the parent/caretaker receives wages equal to minimum wage or an equivalent. It also includes periods of up to three months of continued child care services when parents/caretakers lose one job and need to search for another, or when one job ends and another job has yet to start.

“Employment”

means part-time or full-time work for which the parent or caretaker receives wages equal to or greater than the federal minimum wage.

Family Child Care Home

A private residence other than the child’s residence, where licensed care is provided for one to six children who are not related to the caregiver.

“Family Child Care Home”

means a licensed child care provider who cares for one to six children in the provider’s private residence. The children receiving subsidized child care may not be related to the provider or live at the same residence as the provider.

Family Size

The total number of persons whose needs and income are considered together. This will always include the parent(s) (natural, legal, adoptive, step, and unmarried partners with a child in common) and all their dependent children under 18 living in the home.

“Family Size”

means the total number of individuals whose needs and incomes are considered together for determining child care assistance.

1. [A The] family size will always include the parent(s) and all of the

dependent children under the age of 18 years old who are

living in the home.

2. Parents are defined as the natural, legal, adoptive, or step-

mother and father.

Food Benefit Employment and Training

The program by which certain unemployed mandatory and/or voluntary Food Benefit 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 Benefit Employment & Training. Under the Division's DCIS II Child Care Sub system, this is Category 21.

“Food Benefit Employment & Training”

means the DSS program that supports food benefit recipients by providing skill development, training, and work experience opportunities that can lead to self-sustaining employment. This program is also known as the Supplemental Nutrition Assistance Program (SNAP) Employment and Training program.

“Good Cause”

means an adequate or substantial reason why a client has not taken an action.

1. If a parent or caretaker claims good cause, DSS may

request the parent or caretaker to provide evidence to verify

the claim.

2. DSS will determine good cause on a case-by-case basis.

3. DSS will not take adverse action on a case if good cause

exists.

“Graduated Phase-Out”

means a 12-month transition out of the Child Care Subsidy Program that supports long-term financial stability and promotes self-sufficiency. Graduated Phase-Out is only initiated at redetermination of the Child Care Subsidy Program when a family’s gross income exceeds program income guidelines.

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.

“Income”

means any type of earned or unearned money payment that is of gain or benefit to a family. Examples of income include wages, Social Security pensions, public assistance payments, and child support.

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.

“Income Eligible”

means a family is financially eligible to receive child care services based on the family’s gross income.

“Income Entry Limit”

means the maximum allowable amount of gross income a family can have to be financially eligible for the Child Care Subsidy Program.

“Income Exit Limit”

means the maximum allowable amount of gross income a family can have before the family is determined no longer financially eligible for the Child Care Subsidy Program at redetermination.

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.

In-Home Care

Care provided for a child in the child's own home by either a relative or non-relative, other than the parent/caretaker, where such care is exempt from licensing requirements. Care is limited to the child(ren) residing in the household. 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 and is also limited to the children of one household.

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 Benefit Employment & Training (FB E&T) contracted programs; WIA sponsored training programs, recognized school vocational programs, and on-the-job training programs.

Large Family Child Care Home

A licensed child care service provided for part of a twenty-four (24) hour day, offered by any person or entity including but not limited to an owner, association, agency or organization that advertises or holds himself, herself or itself out as conducting such a service. This person or entity has in custody or control seven (7) to a maximum of twelve (12) children preschool-age or older who live at and/or are present at the Large Family Child Care Home. In addition to the children preschool-age or younger, this person or entity may also have custody or control of one (1) to a maximum of two (2) school-age children who do not live at the Large Family Child Care Home but are present only for before and after school, and/or during school holidays, and/or during the summer. All of these children are provided care, education, protection, supervision or guidance in a private home or non-residential setting. This does not include a child care service provided exclusively to relatives as defined by these rules.

“Large Family Child Care Home”

means a licensed child care service provided by any person or entity that is permitted to care for seven to twelve children in a private home or a non-residential setting.

Legal Care

Care which is either licensed or exempt from licensing requirements.

“Low Income Family”

means a family whose income is less than the Income Entry Limit for the Child Care Subsidy Program.

“Non-Temporary Care”

means a limited period of 90 days of continued care for families who no longer have a need for child care services [due to a non-temporary change in circumstances].

Parent

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

“Parent”

means the child’s natural mother, natural legal father, adoptive mother or father, or stepparent.

“Parent Copayment”

means the financial amount the parent or caretaker must pay toward the cost of child care. This was previously called the “Child Care Parent Fee”.

1. The copayment will be determined from the gross income

received by the family and the family’s size.

2. The gross income amount received by the family will be

compared to the Federal Poverty Level (FPL).

3. A family will pay a percentage of their gross income for their

copayment amount.

Parental Choice

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

“Parental Choice”

means the right of parents and caretakers to choose from a broad range of child care [providers providers,] including the type and location of the child care service.

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.

“Physical or Mental Impairment”

means a condition impairing the child’s normal development patterns in which the child cannot function safely without special care and supervision. A licensed doctor or other medical professional must verify the condition.

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.

“Protective Service”

means the supervision and placement of a child by the Division of Family Services (DFS) in order to monitor and prevent situations of abuse or neglect.

“Provider Self Service” or ”PSS”

means a Child Care Subsidy Program website where child care providers can update their program information, view attendance records, and submit payment information.

“Purchase of Care” or “POC”

means the name of Delaware’s Child Care Subsidy Program that provides financial support to eligible Delaware families who need assistance paying for child care.

Purchase of Care Plus (POC+)

Care option that allows providers to charge most DSS 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 child care parent fee, if applicable, and any additional provider-determined co-pay.

“Purchase of Care Plus” or “POC+”

means a care option that allows providers to charge parents and caretakers participating in the Child Care Subsidy Program the difference between the DSS reimbursement rate and the provider’s private fee for services. The provider receives the DSS rate, the DSS determined child care copayment (if applicable), and any additional provider determined copayments.

Reimbursement Rates

The maximum dollar amount the State will pay for child care services.

“Reimbursement Rate”

means the maximum dollar amount the State will pay for child care services.

Relative

An adult who is by marriage, blood relationship, or court decree, the grandparent, great grandparent, sibling, aunt or uncle of the child receiving care.

“Relative”

means an adult who is by marriage, blood relationship, or court decree the grandparent, great grandparent, sibling, aunt, or uncle of the child receiving care.

Residing With

Living in the home of the parent or caretaker.

“Residing With”

means living in the home of the parent or caretaker.

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.

“Seamless Service”

means 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 a family’s eligibility for assistance or the source of payment. This type of service, to the extent permitted by applicable laws, allows different funding streams to prevent interruption in child care services.

Self-Arranged Care

Child care which either parents or caretakers arrange on their own between themselves and providers. In this instance, the 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. Parents/caretakers, in addition to any parent fee they pay, must also pay the difference between DSS' reimbursement rates and the providers' charge.

“Self-Arranged Care”

means child care services which are arranged between the parent or caretaker and the child care provider. In this type of arrangement, the provider does not accept the state reimbursement rate and the parent [of or] caretaker will pay the provider their full rate. DSS will only reimburse the parent or caretaker the state reimbursement rate for care minus any applicable copayment.

Self-Initiated

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

“Social Services Block Grant” or “SSBG”

means a grant provided by the Administration for Children and Families (ACF) that is a flexible funding source allowing states to fund different social service programs to meet the needs of citizens within their individual state.

Special Needs Child

A child under 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 authority to do so.

“Special Needs Child Care”

means child care that is authorized due to a child under 19 years old or an adult who requires specialized care for physical, emotional, or developmental needs. A licensed doctor or other medical professional must verify the need and the required care.

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 authority to do so.

SSBG

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

“State Median Income” or “SMI”

means the average income for each state reported yearly by the U.S. Census Bureau.

1. At any time a family’s income exceeds the federal income

guideline of 85% of Delaware’s SMI, the family is no longer

eligible for the Child Care Subsidy Program and the family’s

child care case will close.

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 participating in a TANF Employment and Training activity (Categories 11 and 12).

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. Under the DCIS II Child Care Sub system, this is Category 11 and 12.

“TANF Child Care”

means the child care program for TANF applicants and recipients who work or who are participating in the TANF Employment and Training program.

Technical Eligibility

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

“Technical Eligibility”

means requirements based on need and category that families must meet to receive child care services.

“Temporary Assistance for Needy Families” or “TANF”

means a state and federally funded program established by Title IV-A of the Social Security Act and authorized by Title 31 of the Delaware Code to provide benefits to low-income families with dependent children.

1. While on TANF, families are eligible for child care as long

as they are working or participating in a TANF Employment

and Training activity.

“Temporary Care”

means child care will continue if a parent or caretaker has a temporary break in his or her need for child care services. The temporary break should not exceed 90 days.

“Training”

means a program that establishes or enhances a person’s job skills. The training should lead to employment or assist a person in maintaining employment.

1. Recognized training programs include, but are not limited

to:

Verification

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

“Verification”

means written or verbal documentation confirming a need for service, source of income, or the accuracy of statements or information.

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.

“Workforce Innovation and Opportunity Act” or “WIOA”