[35 Pa.B. 3491]
[Continued from previous Web Page] § 3041.130(b). Redetermination of eligibility
Paragraph (1)(vi) is deleted to assure confidentiality for a parent who reports domestic and other violence. The Department will not list the reasons for granting or denying a domestic violence waiver on a form that is prepopulated by the computerized eligibility system. Paragraph (3)(iv) is deleted for clarity because all parents are required in § 3041.127 to report a change in address within 10 calendar days following the date of the change.
§ 3041.133. Waiting list
One commentator opposed permitting the parent 30 calendar days to locate a provider and complete enrollment, saying that the period is too long and causes a hardship to families waiting to receive care.
Response
Thirty days is a reasonable period for a parent to locate care suitable to the family's needs, especially since a suitable facility may have a waiting list.
§ 3041.141. General provisions (retitled as General former TANF families provisions)
One commentator suggested an extension of the 183-day time limitation when TANF benefits end for a family that has a child in foster care placement, so that the family's status will not be jeopardized when the child returns to his natural family. The commentator suggested that priority status should be given to a family whose child returns to the natural family from foster care, to a parent in the adoptive process and to a caretaker in the process of obtaining permanent legal custody of a child.
Response
Subsection (a) was revised to clarify that a family that is no longer eligible for TANF or a family that voluntarily leaves TANF and meets the eligibility requirements may qualify for subsidy. Priority status may not be given to a family when a foster child returns to a former TANF family. However, new subsection (f) allows the child to receive child care service at any time without waiting because the child is part of the family unit.
§ 3041.142. General requirements for former TANF families.
The section was revised to clarify the conditions a family must meet during the 183-day period after eligibility for TANF ends or after the family voluntarily left TANF.
§ 3041.143. Notification
The section was revised to clarify the notification requirements for a family that formerly received TANF.
§ 3041.144. Face-to-face interview for former TANF families
The section was revised to clarify the timeframes related to a face-to-face interview and the hardship extension for the face-to-face interview for a family that formerly received TANF.
§ 3041.145. Self-declaration and reporting (retitled as Verification and reporting)
IRRC requested clarification of the verification requirements for a family who does not immediately transfer from TANF to the subsidized child care.
Response
When a family who formerly received TANF transfers to the subsidized child care program, the follow-up verification is unnecessary because extensive records are maintained by the TANF program. These records transfer to the eligibility agency. Therefore, the parent need only self-certify the information continues to be correct at the time of transfer.
Language was added to clarify the verification requirements for a family who formerly received TANF. The verification requirements differ depending upon when the family contacts the eligibility agency following the date TANF benefits end. A family that contacts the eligibility agency within 60 calendar days may self-certify verification requirements. A family that does not contact the eligibility agency within 60 calendar days must self-declare verification requirements to assure that information is current.
§ 3041.150. Expiration of TANF benefits
Clarification was made to explain that a parent or caretaker who has exhausted the 5-year limit on TANF cash assistance is eligible for 60 calendar days of subsidized child care to seek work.
§ 3041.162. Notice of right to appeal
Paragraph (6) was added stating the eligibility agency's responsibility to provide instructions about how to appeal.
§ 3041.174. Parent or caretaker rights and responsibilities
One commentator requested clarification regarding the parent's responsibility to reimburse the Department for the cost of subsidized child care if care continues during the appeal process and the hearing officer finds in the Department's favor. One commentator requested clarification to specify that the parent has 30 days to appeal.
Response
Clarification was added in subsection (a) that the parent has 30 days to file an appeal.
§ 3041.183. Delaying recoupment
The section was revised to clarify that recoupment is delayed until after a hearing decision if the family files an appeal of the overpayment decision.
§ 3041.188(b)(1). Collection for a family whose child is no longer in care
One commentator requested clarification that repayment may be in a single payment or under a payment plan agreed to by the parent and the Department.
Response
This change was made.
Appendix A, Part II. Income Deductions
One commentator requested the addition of a deduction on income for health insurance that is paid by the parent.
Response
A deduction for health insurance paid by the parent was not added. Deductions are not permitted in order to maintain conformity to other Departmental assistance programs.
Appendix A, Part II(P). Income Exclusions
One commentator suggested that the list of exclusions should include payments to permanent legal custodians in addition to the exclusion of foster care payments and adoption assistance payments by a county children and youth agency.
Response
This change was made.
Appendix C. Stepparent Deduction Chart
An appendix was added to clarify stepparent deduction and to assure consistency for working families of low income and families who formerly received TANF.
Additional Changes
In addition to the major changes previously discussed, the Department made several changes in preparation of the final-form rulemaking to correct typographical errors; reformat language for enhanced readability; revise language for improved clarity; retitle, reorganize and redesignate sections as appropriate and conform to the changes previously discussed.
Regulatory Review Act
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on April 7, 2005, the Department submitted a copy of the notice of proposed rulemaking, published at 34 Pa.B. 5044, to IRRC and the Chairpersons of the House Committee and the Senate Public Health and Welfare Committee for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC and the Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Department has considered all comments from IRRC, the House and Senate Committees and the public.
Under section 5.1(j.1) and (j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.1) and (j.2)), on April 26, 2005, the final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on April 27, 2005, and approved the final-form rulemaking.
Findings
The Department finds that:
(1) The public notice of intention to adopt the administrative regulations by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2
(2) The adoption of this final-form rulemaking in the manner provided by this order is necessary and appropriate for the administration and enforcement of the Public Welfare Code.
Order
The Department, acting under the Public Welfare Code, orders that:
(a) The regulations of the Department, 55 Pa. Code, are amended by adding §§ 3041.1--3041.3, 3041.11--3041.22, 3041.31--3041.34, 3041.41--3041.48, 3041.51, 3041.52, 3041.61--3041.78, 3041.81--3041.86, 3041.91--3041.94, 3041.101--3041.109, 3041.121--3041.133, 3041.141--3041.150, 3041.161--3041.167, 3041.171--3041.176, 3041.181--3041.189 and Appendices A--C and by deleting §§ 3040.1, 3040.3, 3040.4, 3040.11, 3040.12, 3040.14--3040.17, 3040.19, 3040.20, 3040.28, 3040.29, 3040.31, 3040.32--3040.34, 3040.35--3040.38, 3040.40, 3040.51--3040.54, 3040.61--3040.64, 3040.71--3040.78, 3040.91--3040.94 and Appendices A--C to read as set forth in Annex A.
(b) The Secretary of the Department shall submit this order and Annex A to the Offices of General Counsel and Attorney General for approval as to legality and form as required by law.
(c) The Secretary of the Department shall certify and deposit this order and Annex A with the Legislative Reference Bureau as required by law.
(d) This order shall take effect July 1, 2005.
ESTELLE B. RICHMAN,
Secretary(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 35 Pa.B. 3187 (May 28, 2005).)
Fiscal Note: 14-489. (1) General Fund; (2) Implementing Year 2005-06 is $1,615,000; (3) 1st Succeeding Year 2006-07 is $1,615,000; 2nd Succeeding Year 2007-08 is $1,615,000; 3rd Succeeding Year 2008-09 is $1,615,000; 4th Succeeding Year 2009-10 is $1,615,000; 5th Succeeding Year 2010-11 is $1,615,000; (4) 2004-05 Program--$60,877,000; 2003-04 Program--$59,683,000; 2002-03 Program--$59,683,000; (7) Child Care Services; (8) recommends adoption. Funds for 2005-06 are reflected in the proposed budget for the Department. In addition to the State funds described, $8,635,000 in Federal Child Care and Development Block Grant funds will be used for this program in 2005-06.
Annex A
TITLE 55. PUBLIC WELFARE
PART V. CHILDREN, YOUTH AND FAMILIES MANUAL
Subpart B. ELIGIBILITY FOR SERVICES
CHAPTER 3040. (Reserved). § 3040.1. [Reserved].
§ 3040.3. [Reserved].
§ 3040.4. [Reserved].
§ 3040.11. [Reserved].
§ 3040.12. [Reserved].
§§ 3040.14--3040.17. [Reserved].
§ 3040.19. [Reserved].
§ 3040.20. [Reserved].
§ 3040.28. [Reserved].
§ 3040.29. [Reserved].
§ 3040.31. [Reserved].
§§ 3040.32--3040.34. [Reserved].
§§ 3040.35--3040.38. [Reserved].
§ 3040.40. [Reserved].
§§ 3040.51--3040.54. [Reserved].
§§ 3040.61--3040.64. [Reserved].
§§ 3040.71--3040.78. [Reserved].
§§ 3040.91--3040.94. [Reserved].
CHAPTER 3041. SUBSIDIZED CHILD CARE ELIGIBILITY
GENERAL PROVISIONS Sec.
3041.1. Purpose. 3041.2. Scope. 3041.3. Definitions.
GENERAL REQUIREMENTS AND BENEFITS
3041.11. Nondiscrimination. 3041.12. Provision of subsidized child care. 3041.13. Parent choice. 3041.14. Subsidy benefits. 3041.15. Payment of provider charges. 3041.16. Subsidy limitations. 3041.17. Prohibition of additional conditions and charges. 3041.18. Attendance. 3041.19. Absence. 3041.20. Subsidy continuation during breaks in work, education or training. 3041.21. Subsidy suspension. 3041.22. Subsidy disruption.
DETERMINING FAMILY SIZE AND INCOME
3041.31. Family size. 3041.32. Income counted. 3041.33. Income adjustment. 3041.34. Estimating income.
ELIGIBILITY REQUIREMENTS
3041.41. Financial eligibility. 3041.42. Residence. 3041.43. Work, education and training. 3041.44. Prospective work, education and training. 3041.45. Anticipating income. 3041.46. Immunization. 3041.47. Citizenship. 3041.48. Eligibility of households including a parent or caretaker with a disability.
SPECIAL ELIGIBILITY PROGRAMS
3041.51. Head Start expansion program. 3041.52. Prekindergarten program.
SELF-CERTIFICATION AND VERIFICATION
3041.61. General verification requirements. 3041.62. Collateral contact. 3041.63. Self-certification. 3041.64. Self-declaration. 3041.65. Verification of income. 3041.66. Verification of residence. 3041.67. Verification of work, education and training. 3041.68. Verification of involuntary loss of work, education or training. 3041.69. Verification of identity. 3041.70. Verification of inability to work due to a disability. 3041.71. Verification of reasons for subsidy continuation or suspension. 3041.72. Verification of family size and composition. 3041.73. Verification of transfer of TANF benefits. 3041.74. Verification of expiration of TANF benefits. 3041.75. Verification of domestic violence. 3041.76. Verification of a child's incapability of caring for himself. 3041.77. Verification of maternity and family leave. 3041.78. Verification of care and control.
ELIGIBILITY AGENCY RESPONSIBILITIES
3041.81. Eligibility agency. 3041.82. Eligibility determination. 3041.83. Confidentiality. 3041.84. Family file. 3041.85. Record retention. 3041.86. Child abuse reporting.
DOMESTIC VIOLENCE WAIVERS
3041.91. General domestic violence waiver requirements. 3041.92. Alternate address or telephone number. 3041.93. Time frame for waiver determinations. 3041.94. Notice of waiver determination.
CO-PAYMENT AND PAYMENT BY THE DEPARTMENT
3041.101. General co-payment requirements. 3041.102. Department's payment. 3041.103. Adjusted co-payment for prospective work. 3041.104. Parent or caretaker co-payment requirements. 3041.105. Delinquent co-payment. 3041.106. Eligibility agency responsibilities regarding co-payment. 3041.107. Availability and use of the Federal Poverty Income Guidelines. 3041.108. Co-payment for families headed by a parent. 3041.109. Co-payment for families headed by a caretaker.
ELIGIBILITY DETERMINATION AND REDETERMINATION
3041.121. Application. 3041.122. Initial determination of eligibility. 3041.123. Effective date of coverage. 3041.124. Notification of parent, caretaker and child care provider. 3041.125. Period of eligibility. 3041.126. Face-to-face interview. 3041.127. Parent and caretaker report of change. 3041.128. Review of changes. 3041.129. Partial redetermination based on reported changes. 3041.130. Redetermination of eligibility. 3041.131. Procedures for redetermination. 3041.132. Voluntary request to terminate subsidized child care. 3041.133. Waiting list.
FORMER TANF FAMILIES
3041.141. General former TANF families provisions. 3041.142. General requirements for former TANF families. 3041.143. Notification. 3041.144. Face-to-face interview for former TANF families. 3041.145. Verification and reporting. 3041.146. Failure to contact the eligibility agency. 3041.147. Payment authorization. 3041.148. Retroactive payment. 3041.149. Transfer from other states. 3041.150. Expiration of TANF benefits.
NOTIFICATION AND RIGHT TO APPEAL
3041.161. General notification requirements. 3041.162. Notice of right to appeal. 3041.163. Notice of eligibility. 3041.164. Notice of ineligibility. 3041.165. Notice of adverse action. 3041.166. Notice confirming voluntary withdrawal. 3041.167. Notice of overpayment.
APPEAL AND HEARING PROCEDURES
3041.171. Appealable actions. 3041.172. Discontinuation of subsidy. 3041.173. Subsidy continuation during the appeal process. 3041.174. Parent or caretaker rights and responsibilities. 3041.175. Eligibility agency responsibilities regarding appeal. 3041.176. Hearing procedures.
OVERPAYMENT AND DISQUALIFICATION
3041.181. Overpayment. 3041.182. Eligibility agency responsibilities regarding overpayment. 3041.183. Delaying recoupment. 3041.184. Notifying the Department. 3041.185. Repayment. 3041.186. Collection. 3041.187. Co-payment increase. 3041.188. Collection for a family whose child is no longer in care. 3041.189. Disqualification.
GENERAL PROVISIONS § 3041.1. Purpose.
This chapter establishes the requirements for a family to receive subsidized child care. Subsidized child care is a nonentitlement benefit made available through limited Federal and State funds.
§ 3041.2. Scope.
This chapter applies to child care eligibility agencies, child care providers and parents and caretakers requesting or receiving subsidized child care.
§ 3041.3. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Adjusted family income--Gross countable family income, minus allowable deductions.
Annual income--The family's adjusted monthly income, multiplied by 12 months.
Appeal--A written or oral request by a parent, caretaker or individual acting on behalf of a parent or caretaker for a hearing under Chapter 275 (relating to appeal and fair hearing and administrative disqualification hearings), indicating disagreement with a Departmental or eligibility agency action or failure to act that affects the family's eligibility for subsidized child care.
Application--A signed, dated request by a parent, caretaker or individual acting on behalf of a parent or caretaker for subsidized child care.
CAO--County Assistance Office--The local office of the Department responsible for the determination of eligibility and service delivery in the Cash Assistance, Food Stamp and Medical Assistance Programs.
Caretaker--An individual who has legal custody of the child, a foster parent, a grandparent, an aunt or an uncle who lives with and exercises care and control of a child.
Child care--Care in lieu of parental care for part of a 24-hour day.
Collateral contact--A form of verification in which the eligibility agency obtains information from a third party.
Co-payment--The weekly amount the family pays for subsidized child care.
Department--The Department of Public Welfare of the Commonwealth.
Disability--A physical or mental impairment that precludes a parent or caretaker from participating in work, education or training.
Disqualification--The prohibition against receipt of subsidized child care that results from fraud or an intentional program violation.
Domestic and other violence (domestic violence)--Includes one of the following:
(i) A physical act that results in, or threatens to result in, physical injury to the individual.
(ii) Mental abuse, including stalking, threats to kidnap, kill or otherwise harm people or property, threats to commit suicide, repeated use of degrading or coercive language, controlling access to food or sleep and controlling or withholding access to economic and social resources.
(iii) Sexual abuse.
(iv) Sexual activity involving a dependent child.
(v) Being forced as the caretaker or relative of a dependent child to engage in nonconsensual sexual acts or activities.
(vi) A threat of, or attempt at, physical or sexual abuse.
(vii) Neglect or deprivation of medical care.
Education--An elementary school, middle school, junior high or high school program including a general educational development program.
Eligibility agency--The entity designated by the Department with authority to purchase subsidized child care and determine a family's eligibility and co-payment.
Eligibility determination--A decision regarding whether a family qualifies for the subsidized child care program and a determination of the co-payment.
Eligibility redetermination--A semiannual review by the eligibility agency to determine if a family continues to qualify for subsidized child care, including a review of the co-payment.
Employment--Working for another individual or entity for income.
FPIG--Federal Poverty Income Guidelines--The income levels published annually in the Federal Register by the United States Department of Health and Human Services.
Family--The child or children for whom subsidized child care is requested and the following individuals who live with that child or children in the same household:
(i) A parent of the child.
(ii) A caretaker and a caretaker's spouse.
(iii) A biological, adoptive or foster child or stepchild of the parent or caretaker who is under 18 years of age and not emancipated by marriage or by the court.
(iv) An unrelated child under the care and control of the parent or caretaker, who is under 18 years of age and not emancipated by marriage or by the court.
(v) A child who is 18 years of age or older but under 22 years of age who is enrolled in a high school, a general educational development program or a post-secondary program leading to a degree, diploma or certificate and who is wholly or partially dependent upon the income of the parent or caretaker or spouse of the parent or caretaker.
Fraud--The intentional act of a parent or caretaker that results in obtaining, continuing or increasing child care subsidy for which the family is not eligible and that involves any of the following:
(i) A false or misleading statement.
(ii) The failure to disclose information.
Income--Includes the following:
(i) Earned income including gross wages from work, cash and in-kind payments received by an individual in exchange for services and income from self-employment.
(ii) Unearned income including cash and contributions received by an individual for which the individual does not provide a service.
(iii) Unearned benefits received periodically by an individual, such as unemployment compensation, worker's compensation or retirement benefits.
Maximum child care allowance--The payment ceilings set by the Department for child care services provided to families eligible for subsidized child care.
Overpayment--The receipt of subsidy for a child for which the family is or was not eligible or an amount in excess of the amount for which the family was eligible.
Parent--The biological or adoptive mother or father, stepmother or stepfather who exercises care and control of the child for whom subsidy is requested.
Partial redetermination--A review of eligibility that occurs before the next scheduled redetermination date and does not include a review of each eligibility factor.
Prospective work, education or training--Employment, education or training verified by the employer, school official or training official to begin no later than 30 calendar days following the date the parent or caretaker signs and dates the application for subsidized child care or no later than 60 calendar days following the loss of current employment.
Provider--An organization or individual that directly delivers child care services.
Published rate--A provider's daily charge for a child who does not receive subsidized child care.
Recoupment--Recovery of an overpayment by increasing the co-payment or other payment arrangement.
Self-certification--A written statement provided by a parent or caretaker for the purpose of establishing selected factors of nonfinancial eligibility.
Self-declaration--A written statement provided by the parent or caretaker for the purpose of establishing financial or nonfinancial eligibility for a period of time not to exceed 30 calendar days.
Self-employment--Operating one's own business, trade or profession for profit.
Subsidized child care--Child care service paid for in part with State or Federal funds.
Subsidy suspension--A temporary lapse of subsidized child care that does not affect the family's eligibility status.
TANF--Temporary Assistance for Needy Families Program--
(i) A Federal nonentitlement program under sections 401--419 of the Social Security Act (42 U.S.C.A. §§ 601--619) that provides cash assistance to families including dependent children and an adult.
(ii) The term includes extended TANF benefits that are received beyond the 5-year TANF period.
Training--
(i) Instruction that provides the skills or qualifications necessary for a specific vocation or field of employment.
(ii) The term includes adult basic education, English as a second language, a 2-year or 4-year postsecondary degree program, an internship, clinical placement, apprenticeship, lab work and field work required by the training institution.
Verification--
(i) The process of confirming information needed to determine eligibility for subsidized child care.
(ii) The term includes documentary evidence or information obtained through collateral contacts, self-certification and self-declaration.
Waiting list--A record maintained by the eligibility agency of the names of families and their children determined eligible to receive subsidized child care, but for whom subsidy is not currently available.
Work--Employment or self-employment.
GENERAL REQUIREMENTS AND BENEFITS § 3041.11. Nondiscrimination.
(a) An eligibility agency may not discriminate against applicants for or recipients of Federal or State subsidized funds on the basis of age, race, sex, color, religious creed, national or ethnic origin, ancestry, sexual preference or physical or mental disability.
(b) An eligibility agency shall offer child care subsidy within the provisions of applicable civil rights laws and regulations, including the following:
(1) The Pennsylvania Human Relations Act (43 P. S. §§ 951--963).
(2) The Age Discrimination Act of 1975 (42 U.S.C.A. §§ 6101--6107).
(3) Title VI of the Civil Rights Act of 1964 (42 U.S.C.A. §§ 2000d--2000d-4a).
(4) Title VII of the Civil Rights Act of 1964 (42 U.S.C.A. §§ 2000e--2000e-15).
(5) Section 504 of the Rehabilitation Act of 1973 (29 U.S.C.A. § 794).
(6) The Americans with Disabilities Act of 1990 (42 U.S.C.A. §§ 12101--12210).
§ 3041.12. Provision of subsidized child care.
(a) Subsidized child care is provided for a child whose family meets financial and nonfinancial eligibility requirements.
(b) Subsidized child care is available to an otherwise eligible child who is under 13 years of age.
(c) Subsidized child care is available to an otherwise eligible child who is 13 years of age or older but under 19 years of age and who is incapable of caring for himself.
(d) A former TANF family is eligible for a child care subsidy under this chapter as specified in §§ 3041.141--3041.150 (relating to former TANF families).
(e) The Department, through the Department's contracts with the eligibility agency, will direct funding for various populations, including individuals who formerly received TANF benefits.
§ 3041.13. Parent choice.
(a) A family who is eligible for subsidized child care shall have the right to choose care from a provider who agrees to comply with the Department's standards for provider participation. Providers eligible to participate include:
(1) A child day care center certified under Chapter 3270 (relating to child day care centers).
(2) A group child day care home certified under Chapter 3280 (relating to group child day care homes).
(3) A family child day care home registered under Chapter 3290 (relating to family child day care homes).
(4) A provider specifically exempt from certification or registration under Chapters 3270, 3280 and 3290.
(b) A family eligible for Head Start expansion shall choose a child care provider as specified in § 3041.51 (relating to Head Start expansion program).
§ 3041.14. Subsidy benefits.
A subsidy-eligible family may receive child care during the hours that the child needs care if the parent or caretaker:
(1) Works or attends education or training, including travel between the parent's or caretaker's work, education or training and the child care facility.
(2) Requires uninterrupted sleep time because the work shift ends between the hours of 12 a.m. and 9 a.m.
§ 3041.15. Payment of provider charges.
(a) A provider participating in the subsidized child care program is eligible to receive payment from the eligibility agency for services provided to a subsidy-eligible child.
(b) The eligibility agency may not pay child care costs that exceed the maximum child care allowance less the family co-payment for the type of care the child received from the provider.
(c) If a parent or caretaker selects a provider whose published rate exceeds the Department's payment rate, the provider may charge the parent or caretaker the difference between these two amounts.
(d) The eligibility agency may not pay for any additional charge assessed by the provider, beyond the cost of child care.
(e) A change in a parent's or caretaker's need for child care and the resulting adjustment in the amount of payment to the provider shall begin on the date the parent or caretaker reports the change or on the date the change begins, whichever is later.
§ 3041.16. Subsidy limitations.
(a) A family in which a parent or caretaker is receiving funds from the TANF cash assistance program is not eligible for subsidized child care under this chapter.
(b) Subsidized child care may not be used as a substitute for a publicly funded educational program, such as kindergarten or a specialized treatment program.
(c) If a parent or caretaker is the operator of a child day care center, group child day care home or family child day care home as specified in Chapter 3270, Chapter 3280 or Chapter 3290 (relating to child day care centers; group child day care homes; and family child day care homes) or is the operator of a home that is exempt from certification or registration under section 1070 of the Public Welfare Code (62 P. S. § 1070), and if space is available to enroll the parent's or caretaker's child at the facility operated by the parent or caretaker, that child is not eligible to receive subsidized child care.
(d) Subsidized child care is provided for a child whose family is determined eligible, up to the limits of available subsidized child care funds.
(e) A parent or caretaker is ineligible for subsidized child care if he does not select an eligible child care provider and enroll the child within 30 calendar days following the date the eligibility agency notifies the parent or caretaker that funding is available or that the family's current child care provider is ineligible to participate in the subsidized child care program.
§ 3041.17. Prohibition of additional conditions and charges.
The eligibility agency may not:
(1) Impose eligibility conditions other than conditions listed in this chapter.
(2) Require the parent or caretaker to select a particular provider or combination of providers as a condition of eligibility.
§ 3041.18. Attendance.
(a) The days for which the parent or caretaker establishes a need for child care shall be specified in writing by the parent to the eligibility agency at the time the child is enrolled in subsidized child care.
(b) A child is expected to attend child care at the provider on all days for which the parent or caretaker established a need for child care as specified in § 3041.14 (relating to subsidy benefits), unless the provisions specified in § 3041.21 (relating to subsidy suspension) apply.
§ 3041.19. Absence.
(a) Upon notification from the provider that a child has been absent more than 10 consecutive days for which the child is scheduled to attend child care, not including days of a child's illness, injury or impairment that precludes a child from attending child care, or other reason as specified in § 3041.21 (relating to subsidy suspension), the eligibility agency shall send the parent or caretaker an adverse action notice terminating the child's eligibility and payment to the provider.
(b) The notice shall inform the parent or caretaker of the following:
(1) The parent or caretaker shall report to the eligibility agency the date of the child's return to care.
(2) Payment will not be terminated if the child returns to care by the date set forth on the notice.
(3) If the child does not return to care by the date set forth on the notice and there are no grounds for subsidy suspension, the child's subsidy will be terminated effective the date set forth on the notice.
§ 3041.20. Subsidy continuation during breaks in work, education or training.
A family's eligibility and payment for subsidized child care continues for and during the following:
(1) Sixty calendar days from the date of an involuntary loss of work, the date a strike begins or the date the parent graduates from or completes education or training.
(2) A total of 84 calendar days from the first day of family leave, including maternity leave, as defined under the Family and Medical Leave Act of 1993 (29 U.S.C.A. §§ 2601--2654), provided there is a need for child care.
(3) Regularly scheduled breaks in work or breaks in education or training, if the regularly scheduled break is less than 31 calendar days.
§ 3041.21. Subsidy suspension.
(a) If a child is unable to attend child care for more than 10 consecutive days for which the child is scheduled to attend care, subsidy shall be suspended for up to 90 calendar days in the following circumstances:
(1) The child is visiting the noncustodial parent or caretaker.
(2) The child is ill or hospitalized, preventing the child from participating in child care.
(3) The child is absent because of family illness or emergency.
(4) The child remains at home with his parent or caretaker during family leave.
(5) The provider is closed because of failure to meet certification or registration requirements.
(6) The parent or caretaker needs to locate another provider because the current provider cannot meet the parent's or caretaker's child care needs.
(7) The parent or caretaker is on maternity or family leave, as defined under the Family and Medical Leave Act of 1993 (29 U.S.C.A. §§ 2601--2654).
(8) A parent or caretaker has a break in work, education or training that exceeds 30 calendar days but does not continue beyond 90 calendar days.
(b) The child is no longer eligible for subsidy payment or service if the child continues to be absent following 90 calendar days of suspension.
§ 3041.22. Subsidy disruption.
(a) If child care is disrupted due to the provider's loss of the Department's certification or registration or another reason that prevents the child's continued care at that facility, the child is eligible for subsidy at another facility.
(b) If a child loses care as a result of circumstances specified in subsection (a), the child's subsidy is suspended until the parent or caretaker selects another provider and funding is available.
(c) Subsidy to a child may be disrupted if the eligibility agency cannot continue to subsidize the number of children enrolled in subsidized child care due to insufficient State or Federal funding.
(1) Subsidy for children whose family's income is at the highest percentage of the FPIG is disrupted first.
(2) A child whose subsidy is disrupted under this subsection shall be placed on the waiting list according to the date of the initial eligibility for subsidized child care.
DETERMINING FAMILY SIZE AND INCOME § 3041.31. Family size.
(a) Individuals included in the definition of family shall be included in determining family size.
(b) An individual applying as a parent and a caretaker may only be counted once.
(c) An individual may not be included in more than one family unless the individual is a child who is in a shared custody arrangement between two families and both families are seeking subsidized child care.
(d) A foster child may be counted as a family of one or may be included in a family as defined in this chapter.
§ 3041.32. Income counted.
Income of the following family members is counted to determine financial eligibility:
(1) The parent or caretaker of the child for whom subsidy is sought.
(2) A parent's or caretaker's spouse.
(3) Children, excluding a child's earned income.
§ 3041.33. Income adjustment.
To determine adjusted family income the eligibility agency shall:
(1) Determine gross income as specified in Appendix A, Part I (relating to income to be included, deducted and excluded in determining gross monthly income) for each family member listed in § 3041.32 (relating to income counted).
(2) Estimate monthly income from each income source in accordance with § 3041.34 (relating to estimating income).
(3) Convert weekly, biweekly, semimonthly and other pay periods to gross monthly amounts using the Conversion Table in Appendix A, Part I.
(4) Calculate the total gross monthly income.
(5) Determine the stepparent deduction as specified in Appendix C (relating to stepparent deduction chart).
(6) Determine other allowable deductions listed in Appendix A, Part II for each source of income.
(7) Determine adjusted family income by subtracting the total monthly deductions specified in paragraphs (5) and (6) from the total gross monthly income specified in paragraph (4).
(8) Multiply adjusted family income by 12 to determine annual family income.
§ 3041.34. Estimating income.
(a) For the purpose of determining adjusted family income, the eligibility agency shall use its best estimate of monthly income based upon circumstances at the time of application or redetermination as specified in Appendix A, Part I (relating to income to be included, deducted and excluded in determining gross monthly income) for the table used to convert weekly, biweekly, semimonthly and other pay periods to monthly amounts.
(b) For parents or caretakers who are working and have received pay at the time they apply for subsidized child care, income shall be estimated based upon verified, actual amounts already received by the family prior to application or redetermination or verification of anticipated income.
(c) When estimating income, the eligibility agency shall use the past 30 calendar days as an indicator of future amounts, unless:
(1) A change has occurred.
(2) A change is anticipated.
(3) An unusual circumstance existed that is not expected to recur, such as overtime not likely to continue.
(d) The eligibility agency shall adjust its estimate of monthly income to take into account recent or anticipated changes and unusual circumstances.
(e) When an applicant anticipates starting work within the next 30 days or has not yet received a first paycheck, income eligibility is established based on verified anticipated income.
ELIGIBILITY REQUIREMENTS § 3041.41. Financial eligibility.
(a) At initial application, annual family income may not exceed 200% of the FPIG.
(b) Following an initial determination of eligibility, a family shall remain financially eligible for subsidized child care as long as the annual income does not exceed 235% of the FPIG.
(c) The eligibility agency shall inform the parent or caretaker of the annual family income that will exceed 235% of the FPIG and cause the family to be ineligible for subsidized child care.
§ 3041.42. Residence.
(a) Family members shall be residents of this Commonwealth.
(b) The parent or caretaker shall apply in his county of residence. In counties where there is more than one eligibility agency for the county, the parent or caretaker shall apply to the eligibility agency that is responsible for the geographic area that includes the zip code of the family's residence.
§ 3041.43. Work, education and training.
(a) The parent or caretaker shall work at least 20 hours per week. The eligibility agency shall average a parent's or caretaker's work hours in cases where hours of work vary from week to week.
(b) The work-hour requirement specified in subsection (a) is met under the following circumstances:
(1) A parent or caretaker under 22 years of age and attending high school.
(2) A parent or caretaker under 18 years of age, does not have a high school or general educational development diploma, but is enrolled in and attending education on a full-time basis.
(3) A parent or caretaker attends training and works at least 10 hours per week. The time spent in training counts toward the 20 hour per week work requirement.
(c) A parent or caretaker who misses work, education or training shall remain eligible for subsidy if the parent or caretaker is currently scheduled to work or participate in education or training for an average of 20 hours or more per week and one of the following applies:
(1) The parent or caretaker has an illness or injury.
(2) The parent or caretaker has a medical appointment that cannot reasonably be scheduled at a time that does not conflict with work hours.
(3) The parent's or caretaker's employer is closed.
(4) The parent or caretaker verifies domestic violence.
(5) The parent or caretaker has an emergency, such as:
(i) Illness, injury or impairment of the child that precludes the child from attending child care.
(ii) Illness, injury or impairment of a family member that requires the parent or caretaker to miss work to provide care.
§ 3041.44. Prospective work, education and training.
(a) A family in which a parent or caretaker has prospective work, education or training may be eligible for subsidized child care if the following requirements are met:
(1) The work, education or training will begin no later than 30 calendar days following the date of application or no later than 60 calendar days following the loss of work for a parent or caretaker who is receiving subsidized child care.
(2) Verification of prospective work, education or training is provided as specified in § 3041.67 (relating to verification of work, education and training).
(b) Subsidy may not begin until the parent or caretaker begins work, education or training.
§ 3041.45. Anticipating income.
The parent or caretaker shall notify the eligibility agency of the actual amount of income no later than 10 calendar days after receiving the first income for work.
§ 3041.46. Immunization.
(a) A child receiving subsidized child care shall have received age-appropriate immunizations as recommended by the American Academy of Pediatrics. For facilities subject to certification by the Department, immunizations shall be provided as specified in §§ 3270.131, 3280.131 and 3290.131 (relating to health assessment). Exemption from the immunization requirement shall be granted by the eligibility agency if:
(1) A child's parent or caretaker objects to immunizations on religious grounds.
(2) A parent or caretaker indicates that a child's medical condition contraindicates immunization.
(b) If an otherwise eligible child does not have age-appropriate immunizations and is not exempt from immunization, the family shall be authorized for subsidy and the parent or caretaker shall be given 90 calendar days to obtain immunizations for the child and self-certify that the child has age-appropriate immunizations or that the child is exempt from the immunization requirement.
§ 3041.47. Citizenship.
A child receiving subsidized child care shall be a United States citizen or an alien lawfully admitted for permanent residence or otherwise lawfully and permanently residing in the United States.
§ 3041.48. Eligibility of households including a parent or caretaker with a disability.
(a) Following the determination of eligibility for subsidized child care, a single parent or caretaker who becomes disabled, is unable to continue work, education or training and is unable to care for the child is excused from the work, education and training requirements for up to a maximum of 183 calendar days. The disability must be verified as specified in § 3041.70 (relating to verification of inability to work due to a disability).
(b) A two-parent or caretaker family may be eligible for subsidized child care if one parent or caretaker is working and the other parent or caretaker is unable to work or participate in education or training and is unable to care for the child for whom subsidy is requested due to a disability or the need to attend treatment for the disability. The disability must be verified as specified in § 3041.70 at the time of application or at the time the parent or caretaker becomes disabled and at each subsequent redetermination.
SPECIAL ELIGIBILITY PROGRAMS § 3041.51. Head Start expansion program.
(a) Head Start is a Federally-funded program designed to prepare at-risk children, 3 years of age or older but under 5 years of age, for school success. A Head Start expansion program is a program that combines the Head Start program with the subsidized child care program.
(b) A child who is enrolled in a Head Start program, whose parent or caretaker needs extended hours or days of child care beyond the hours or days provided by the Head Start program to work, is eligible for subsidized child care under this section, if the parent or caretaker meets the eligibility requirements for subsidized child care as specified in subsection (f).
(c) The parent or caretaker shall obtain from the Head Start program and provide to the eligibility agency verification that the Head Start expansion program meets the Federal Head Start standards.
(d) If a child in the family as specified in § 3041.31 (relating to family size) is enrolled in the Head Start expansion program, the family co-payment is based on family size and income. If additional children in the family are enrolled in subsidized child care, the family co-payment is based on family size and income.
(e) If extended hours or days of care are provided beyond the Head Start program hours or days, the extended hours and days of care shall be provided by a facility that has a certificate of compliance or registration by the Department as a child day care facility.
(f) Upon program entry and continuation in the Head Start expansion program, a parent or caretaker shall meet the following conditions:
(1) Verification, at the time of application, of a minimum of 20 hours of work per week as specified in § 3041.43 (relating to work, education and training).
(2) Verification that extended hours and days of child care are needed to work as specified in subsection (b).
(3) Compliance with the waiting list conditions specified in § 3041.133 (relating to waiting list).
(4) Payment of the co-payment as specified in § 3041.101(a)--(e) (relating to general co-payment requirements).
(5) Report loss of work within 10 calendar days following the date work ended as specified in § 3041.127(b) (relating to parent and caretaker report of change).
(6) Report when a child is no longer enrolled in Head Start within 10 calendar days following the date the Head Start enrollment ended.
(g) Subsidy for a child receiving care under this section may be suspended during summer school breaks.
(h) A parent or caretaker whose child receives subsidized child care and is enrolled in a Head Start program is not required to report changes in circumstances during the period of the child's Head Start enrollment, unless the parent or caretaker loses work. If the parent or caretaker involuntarily loses work, the family remains eligible for the Head Start expansion program for up to 60 calendar days following the loss of work. If the parent or caretaker is unemployed for more than 60 calendar days, the family is ineligible for subsidized child care.
(i) The eligibility agency may not require a parent or caretaker whose child receives subsidized child care and is enrolled in a Head Start program to complete a partial redetermination or redetermination until the child's Head Start program, the parent or caretaker or a reliable source confirmed by the eligibility agency reports to the eligibility agency that the child is no longer enrolled in the Head Start program.
§ 3041.52. Prekindergarten program.
(a) A child who is 3 or 4 years of age and who is enrolled in a prekindergarten program operated by a school entity or a certified child day care center or licensed private academic school serving children 3 or 4 years of age operating under contract with a school entity, whose parent or caretaker needs extended hours or days of child care to work, is eligible for subsidized child care under this section, if the parent or caretaker meets the eligibility requirements for subsidized child care as specified in this section.
(b) The eligibility agency shall verify that the prekindergarten program is operated by a school entity or by a certified child day care center or licensed private academic school operating under contract with a school entity.
(c) If extended hours or days of care are provided beyond the prekindergarten program's hours or days, the extended hours and days of care shall be provided by a facility that has a certificate of compliance or registration by the Department as a child day care facility.
(d) Upon program entry and continuation in the prekindergarten program, a parent or caretaker shall meet the following conditions:
(1) Verification, at the time of application, of a minimum of 20 hours of work per week as specified in § 3041.43 (relating to work, education and training).
(2) Verification, at the time of application, of income eligibility for subsidized child care as specified in § 3041.41 (relating to financial eligibility).
(3) Verification that extended hours and days of child care are needed to work as specified in subsection (c).
(4) Compliance with the waiting list conditions specified in § 3041.133 (relating to waiting list).
(5) Payment of the co-payment as specified in § 3041.101 (relating to general co-payment requirements).
(6) Report loss of work within 10 calendar days following the date work ended as specified in § 3041.127 (relating to parent and caretaker report of change).
(7) Report when a child is no longer enrolled in a prekindergarten program within 10 calendar days following the date the prekindergarten enrollment ended.
(e) A parent or caretaker whose child participates in a prekindergarten program shall meet the conditions specified in this chapter, except as specified in subsections (f), (g) and (h).
(f) Subsidy for a child receiving care under this section may be suspended during summer school breaks.
(g) A parent or caretaker whose child receives subsidized child care and is enrolled in a prekindergarten program is not required to report changes in circumstances during the period of the child's prekindergarten enrollment, unless the parent or caretaker loses work. If the parent or caretaker involuntarily loses work, the family remains eligible for the prekindergarten program for up to 60 calendar days following the loss of work.
(h) The eligibility agency may not require a parent or caretaker whose child receives subsidized child care and is enrolled in a prekindergarten program to complete a partial redetermination or redetermination until the child's prekindergarten program, the parent or caretaker or a reliable source confirmed by the eligibility agency reports to the eligibility agency that the child is no longer enrolled in the prekindergarten program.
(i) A school entity is a public school, school district, intermediate unit or area vocational-technical school as defined in 22 Pa. Code § 49.1 (relating to definitions).
SELF-CERTIFICATION AND VERIFICATION § 3041.61. General verification requirements.
(a) The parent or caretaker shall be the primary source of verification in establishing and maintaining eligibility for subsidized child care.
(b) The eligibility agency shall inform each parent and caretaker that the eligibility agency is available to assist in obtaining verification that the parent or caretaker is unable to obtain.
(c) The eligibility agency shall assist parents and caretakers who request assistance in obtaining verification.
(d) The eligibility agency may not impose requirements for verification beyond the requirements of this chapter.
(e) At the time of application for subsidized child care, the eligibility agency shall obtain consent from the parent or caretaker and the parent's or caretaker's spouse permitting the eligibility agency to obtain verification of eligibility information.
(f) The eligibility agency shall retain the signed consent in the family's file.
(g) The consent shall remain in effect for as long as the family receives subsidy.
(h) The eligibility agency may not deny or terminate subsidy to a family when the parent or caretaker has cooperated in the verification process and needed verification is pending or cannot be obtained due to circumstances beyond the parent's or caretaker's control.
(i) The eligibility agency may not require a parent or caretaker to reverify information unless the eligibility agency has information that indicates the subsidy status of the family has changed.
§ 3041.62. Collateral contact.
(a) The eligibility agency shall make a collateral contact on behalf of the parent or caretaker if any of the following occurs:
(1) The parent or caretaker has made a reasonable effort to obtain documentary evidence without success.
(2) Documentary evidence is unavailable.
(3) The eligibility determination process must be expedited to avoid unnecessary hardship to the parent or caretaker or to ensure that the time frame for an eligibility determination is met.
(4) The verification provided by the parent or caretaker requires additional clarification.
(5) The eligibility agency suspects that the parent or caretaker is withholding information or has falsified the information given.
(b) The eligibility agency shall make a collateral contact in person, by consulting public records, by mail, electronic communication, facsimile or by telephone with a source of reliable information.
(c) Sources of reliable collateral contact information include the following:
(1) Public records, such as domestic relations or other courthouse records.
(2) An employer, a friend, a neighbor, a relative, a landlord, a government agency, a community social service agency or a child care provider.
(d) The eligibility agency shall obtain from the parent or caretaker a list of reliable sources of information who would serve as collateral contacts.
(e) The eligibility agency shall cooperate with a source who acts as a collateral contact.
(f) The eligibility agency may not contact an alleged abuser or former abuser in a domestic violence situation.
(g) Sources of reliable collateral contact information regarding verification of care and control in a family headed by an aunt, uncle or grandparent as specified in § 3041.78 (relating to verification of care and control) include one of the following who has knowledge of the circumstances:
(1) A school teacher or principal.
(2) A regulated child care provider.
(3) A health care professional.
(4) A social service worker or counselor.
(5) A religious professional.
(6) An attorney.
§ 3041.63. Self-certification.
(a) The eligibility agency shall inform the parent or caretaker in writing that self-certification is made subject to 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).
(b) The eligibility agency shall accept the statement of the parent or caretaker as sufficient proof of the following eligibility factors:
(1) Age of the child.
(2) Citizenship or immigration status.
(3) Immunization status or exemption from the immunization requirement.
(4) Days and hours for which the child needs care, as specified in § 3041.145 (relating to verification and reporting).
(5) Status of an individual who formerly received TANF, as specified in § 3041.145.
(6) Face-to-face time frame extension based on hardship, as specified in §§ 3041.126(d) and 3041.144(a) (relating to face-to-face interview; and face-to-face interview for former TANF families).
§ 3041.64. Self-declaration.
(a) If attempts to verify eligibility by documentary evidence or collateral contact are unsuccessful, the eligibility agency shall proceed without delay to determine the family's eligibility based upon a self-certification as specified in § 3041.63 (relating to self-certification) or by written self-declaration by the parent or caretaker.
(b) The eligibility agency shall instruct the parent or caretaker that a written self-declaration shall be made subject to 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).
(c) The eligibility agency shall accept a parent's or caretaker's self-declaration statement, unless evidence contradicts the statement.
(d) If a parent or caretaker uses self-declaration as verification, the eligibility agency shall require the parent or caretaker to provide another form of acceptable verification no later than 30 calendar days following the date the written self-declaration is accepted by the eligibility agency unless otherwise specified in this chapter.
§ 3041.65. Verification of income.
(a) Acceptable verification of earned income from employment includes one of the following:
(1) Pay stubs reflecting earnings for 4 weeks in the most recent 6-week period, the Department's Employment Verification form reflecting actual or anticipated earnings, the Internal Revenue Service form used for reporting tips, an employer statement of anticipated earnings and hours or other document that establishes the parent's or caretaker's earnings or anticipated earnings from employment.
(2) A collateral contact, as specified in § 3041.62 (relating to collateral contact).
(3) A written self-declaration by the parent or caretaker as specified in § 3041.64 (relating to self-declaration).
(b) Acceptable verification of income from self-employment includes one of the following:
(1) Tax returns, business records or other documents establishing profit from self-employment.
(2) A collateral contact, as specified in § 3041.62.
(3) A written self-declaration by a parent or caretaker of net profit from self-employment, reflecting gross earnings, less the cost of doing business, as specified in § 3041.64.
(c) Acceptable verification of unearned income includes one of the following:
(1) A copy of a current benefit check, an award letter that designates the amount of a grant or benefit, such as a letter from the Social Security Administration stating the amount of the Social Security benefit, a bank statement, a court order, or other document or database report that establishes the amount of unearned income.
(2) A collateral contact, as specified in § 3041.62.
(3) A written self-declaration by the parent or caretaker, as specified in § 3041.64.
(d) If a family receives or pays child support, the eligibility agency shall verify the amount of support received or paid by the family by requesting this information from the Department, whether the information is found in the Pennsylvania Child Support Enforcement System or in another source.
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