DEPARTMENT OF HEALTH AND SOCIAL SERVICES

Division of Social Services

PROPOSED

PUBLIC NOTICE

Defining Family Size For Child Care

In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code), 42 CFR §447.205, 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 (DSS) is proposing to amend the Division of Social Services Manual regarding Child Care Subsidy Program, specifically, to define family size for child care.

Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to, Planning, Policy and Quality Unit, Division of Social Services, 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 November 2, 2020. Please identify in the subject line: Defining Family Size 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 the Division of Social Services Manual regarding Child Care Subsidy Program, specifically, to define family size for child care.

Statutory Authority

45 CFR 98.20

Background

DSS is revising the eligibility requirements for the Child Care Subsidy Program based on the reauthorization of the Child Care and Development Block Grant Act, which mandated new eligibility requirements for child care assistance.

DSS amended DSSM 11003.9.3 “Defining Family Size for Child Care” to include the current criteria that DSS staff are to follow to calculate the family size, which is used to determine the family’s financial eligibility and copayment for child care. DSS changed the formatting of the policy so that the policy is easier for DSS staff, stakeholders, and the public to understand.

Summary of Proposal

Purpose

The purpose of the proposed change is to explain how DSS groups parents and children together to determine eligibility for Purchase of Care. The family size includes parents and minor children who live together and whose needs and incomes are considered together for child care subsidy.

Summary of Proposed Changes

Effective for services provided on and after December 1, 2020, Delaware Health and Social Services/Division of Social Services proposes to amend Division of Social Services Manual (DSSM) regarding the Child Care Subsidy Program, specifically, to define family size for child care.

Public Notice

In accordance with the federal public notice requirements established at Section 1902(a)(13)(A) of the Social Security Act and 42 CFR 447.205 and the state public notice requirements of Title 29, Chapter 101 of the Delaware Code, Delaware Health and Social Services/Division of Social Services (DHSS/DSS) gives public notice and provides an open comment period for thirty (30) days to allow all stakeholders an opportunity to provide input on the proposed regulation. Comments must be received by 4:30 p.m. on November 2, 2020.

Fiscal Impact

DSS amended the eligibility policy to provide clear and accurate directions on the eligibility requirements for the Child Care Subsidy Program. This policy is currently in place and there are no new financial responsibilities associated with the amended eligibility policy.

11003.9.3 Defining Family Size for Child Care

45 CFR 98.20

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 and the child care parent fee. 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.

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

A. Family size is defined as parents (natural, legal, adoptive, step, and unmarried partners with a child in common) and their children under 18 living in the home, will always be included together in the determination 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 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 and there is no child in common between Susan Jones and Mark Evans. (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 any of the children under 18 living in the home are not included when determining family size and child are fee.

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.

Family size is defined by the individuals who live together and whose needs and incomes are

considered together for child care subsidy.

1. The family size includes parents and their children under age 18 who are living in a household

together.

A. DSS defines parents as:

i. Natural birth parents of a child;

ii. Legal parents of a child as deemed by a court of law;

iii. Adoptive parents of a child as deemed by a court of law;

iv. A stepparent of a child; or

v. Unmarried partners with a child in common.

B. DSS includes in the family size the parent or parents with their natural, legal, adopted, or

step-child or children under age 18 who are residing in the same household.

C. DSS groups unmarried partners together in the family size only if they live together and have

a child in common residing in the same household.

i. When DSS groups unmarried partners together, the family size will include:

D. DSS excludes from the family size any adults who are not the natural, legal, adoptive, or

step- parent of the child or children in the household, including a caretaker, legal

guardian, or unmarried partner who is not the child’s parent.

E. A parent may receive child care even if there is another adult living in the household

who is not included in the family size, such as an unmarried partner who is not the child’s

parent, a relative, or a friend.

2. DSS uses the earned and unearned income per DSSM 11003.9.1 that is received by the

parents and children included in the family size to determine the family’s financial eligibility

and copayment for child care.