DEPARTMENT OF HEALTH AND SOCIAL SERVICES
Division of Social Services
FINAL
ORDER
Processing Applications for Child Care
NATURE OF THE PROCEEDINGS:
Delaware Health and Social Services ("Department") / Division of Social Services (DSS) initiated proceedings to amend Division of Social Services Manual (DSSM) regarding Processing Applications for Child Care, specifically, to amend the Division of Social Services Manual (DSSM) regarding Processing Applications for Child Care. The Department's proceedings to amend its regulations were initiated pursuant to 29 Del.C. §10114 and its authority as prescribed by 31 Del.C. §512.
The Department published its notice of proposed regulation changes pursuant to 29 Del. C. §10115 in the February 2024 Delaware Register of Regulations, requiring written materials and suggestions from the public concerning the proposed regulations to be produced by March 4, 2024, at which time the Department would receive information, factual evidence and public comment to the said proposed changes to the regulations.
SUMMARY OF PROPOSAL
Effective for services provided on and after May 11, 2024, Delaware Health and Social Services (DHSS) /Division of Social Services (DSS) proposes to amend the Division of Social Services Manual (DSSM) regarding Processing Applications for Child Care.
Statutory Authority
45 CFR 98.20
Background
DSSM 11004.1 Processing Applications for Child Care explains the requirements for parents and caretakers to apply for childcare assistance, including application methods and verification requirements. Additional language is being added to the existing policy to explain when authorizations for childcare may begin along with examples. The revision also includes a detailed definition of required documentation for a special need and who is authorized to complete the documentation.
Purpose
The purpose of this proposed regulation is to amend Policy 11004.1 Processing Applications for Child Care.
Public Notice
In accordance with the state public notice requirements of Title 29, Chapter 101 of the Delaware Code, DHSS/DSS gave public notice and provided an open comment period for 30 days to allow all stakeholders an opportunity to provide input on the proposed regulation. Comments were to have been received by 4:30 p.m. on March 4, 2024.
Fiscal Impact Statement
This policy is currently in effect and the amendment will not cause any fiscal changes.
Summary of Comments Received with Agency Response and Explanation of Changes
Comment: We suggest adding language to DSSM § 11004.1(4)(B)(v) to clarify who can complete Form 611. Can any of the professionals listed in DSSM § 11004.1(4)(B)(vi) complete Form 611? We also suggest that the expanded list of professionals proposed in DSSM § 11004.1(4)(B)(vi) be permitted to complete Form 611 as well.
Agency Response: The Division of Social Services is pleased to provide the opportunity to receive public comments and greatly appreciates the thoughtful input. DSS will revise the policy and Form 611 to clarify who can complete it to include the expanded list of professionals.
IMPACT ON THE STATE'S GREENHOUSE GAS EMISSIONS REDUCTION TARGETS AND RESILIENCY TO CLIMATE CHANGE:
The DSS Division Director has reviewed the proposed regulation as required by 29 Del. C. §10118(b)(3) and has determined that such assessment is not practical for the regulation.
FINDINGS OF FACT:
The Department finds that the proposed changes as set forth in the February 2024 Register of Regulations should be adopted with additions. The Department finds that the proposed does not require further public notice or comment under the APA because the amendments are non-substantive pursuant to 29 Del.C. §10118(c).
THEREFORE, IT IS ORDERED, that the proposed regulation to amend DSSM 11004.1 regarding Processing Applications for Child Care, specifically, to clarify internal policy and procedures, is adopted and shall be final effective May 11, 2024.
4/12/2024 | 3:45 PM EDT
Date of Signature
Josette D. Manning Esq., Secretary, DHSS
11000 Child Care Subsidy Program
11004.1 Processing Applications for Child Care
Statutory Authority
45 C.F.R 98.20
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:
2. A parent or caretaker may apply for child care:
3. DSS will interview the applicant and process the signed child care application within two business days.
The application filing date will be the effective begin date for assistance.
A parent or caretaker selects the date child care services begin.
A. The DSS authorization for child care will begin on the first day the child attends a
child care setting. The authorization cannot begin prior to the child attending a
child care setting.
B. The DSS authorization for child care may begin before the date of application,
but no earlier than the first day of the application month if the child was attending
the child care setting.
Example 1: A parent or caretaker applies for child care on March 18. The child was
enrolled and started attending the child care setting on March 2. The authorization may
start March 2, the day the child started attending the child care setting.
Example 2: A parent or caretaker applies for child care on March 18. The child was
enrolled and started attending the child care setting on March 21. The authorization may
start March 21, the day the child started attending the child care setting.
|
Note: The DSS eligibility system will allow authorizations for child care to begin the first day of the month of application
|
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) (Form 611) [which can be
completed by a physician, licensed psychologist, licensed social
worker, school based licensed special education staff, or a
specialist who has experience with the child and knowledge in the
area of the child's disability]; or
vi. written Written documentation completed by a physician or medical
professional that verifies a special need and the required care, licensed
psychologist, licensed social worker, school based licensed special
education staff, or a specialist who has experience with the child and
knowledge in the area of the child's disability.
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:
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.
