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PA Bulletin, Doc. No. 20-1570a

[50 Pa.B. 6361]
[Saturday, November 14, 2020]

[Continued from previous Web Page]

Annex A

TITLE 55. HUMAN SERVICES

PART V. CHILDREN, YOUTH AND FAMILIES MANUAL

Subpart B. ELIGIBILITY FOR SERVICES

Chapter 3041. [RESERVED]

§§ 3041.1—3041.3. [Reserved].

§§ 3041.11—3041.22. [Reserved].

§§ 3041.31—3041.34. [Reserved].

§§ 3041.41—3041.48. [Reserved].

§ 3041.51. [Reserved].

§ 3041.52. [Reserved].

§§ 3041.61—3041.78. [Reserved].

§§ 3041.81—3041.86. [Reserved].

§§ 3041.91—3041.94. [Reserved].

§§ 3041.101—3041.109. [Reserved].

§§ 3041.121—3041.133. [Reserved].

§§ 3041.141—3041.150. [Reserved].

§§ 3041.161—3041.167. [Reserved].

§§ 3041.171—3041.176. [Reserved].

§§ 3041.181—3041.189. [Reserved].

 (Editor's Note: The following Chapter is proposed to be added and printed in regular type to enhance readability.)

CHAPTER 3042. SUBSIDIZED CHILD CARE ELIGIBILITY

GENERAL PROVISIONS

Sec.

3042.1.Purpose.
3042.2.Scope.
3042.3.Definitions.
3042.4.Nondiscrimination.

GENERAL BENEFITS

3042.11.Provision of subsidized child care.
3042.12.Parent choice.
3042.13.Subsidy benefits.
3042.14.Payment of provider charges.
3042.15.Subsidy limitations.
3042.16.Prohibition of additional conditions and charges.
3042.17.Attendance.
3042.18.Absence.
3042.19.Subsidy continuation.
3042.20.Subsidy suspension.
3042.21.Subsidy disruption.

ELIGIBILITY REQUIREMENTS

3042.31.Financial eligibility.
3042.32.Residence.
3042.33.Work, education and training.
3042.34.Prospective work, education and training.
3042.35.Immunization.
3042.36.Citizenship.
3042.37.Eligibility of households including a parent or caretaker with a disability.

DETERMINING FAMILY SIZE AND INCOME

3042.41.Family size.
3042.42.Income counted.
3042.43.Income adjustment.
3042.44.Estimating income.

ELIGIBILITY DETERMINATION

3042.51.Application.
3042.52.Initial determination of eligibility.
3042.53.Effective date of coverage.
3042.54.Notification of eligibility status and availability of funding.
3042.55.Period of eligibility.
3042.56.Face-to-face meeting.
3042.57.Waiting list.

SELF-CERTIFICATION AND VERIFICATION

3042.61.General verification requirements.
3042.62.Collateral contact.
3042.63.Self-certification.
3042.64.Self-declaration.
3042.65.Verification of income.
3042.66.Verification of residence.
3042.67.Verification of work, education and training.
3042.68.Verification of circumstances relating to a decrease in co-payment.
3042.69.Verification of identity.
3042.70.Verification of inability to work due to a disability.
3042.71.Verification of family size.
3042.72.Verification of a child's incapability of caring for himself.
3042.73.Verification of care and control.
3042.74.Verification of foster child status.

ELIGIBILITY AGENCY RESPONSIBILITIES

3042.81.Eligibility agency.
3042.82.Eligibility determination.
3042.83.Confidentiality.
3042.84.Family file.
3042.85.Record retention.
3042.86.Processing reported changes.
3042.87.Voluntary request to terminate subsidized child care.
3042.88.Child abuse reporting.

CO-PAYMENT AND PAYMENT BY THE DEPARTMENT

3042.91.General co-payment requirements.
3042.92.Department's payment.
3042.93.Adjusted co-payment for prospective work.
3042.94.Parent or caretaker co-payment requirements.
3042.95.Delinquent co-payment.
3042.96.Eligibility agency responsibilities regarding co-payment.
3042.97.Use of the Federal Poverty Income Guidelines and State Median Income.
3042.98.Co-payment determination.
3042.99.Co-payment exceeding monthly payment for care.

ELIGIBILITY REDETERMINATION

3042.101.Eligibility redetermination.
3042.102.Procedures for redetermination.

FORMER TANF FAMILIES

3042.111.General provisions for former TANF families.
3042.112.General requirements for former TANF families.
3042.113.Notification requirements for former TANF families.
3042.114.Face-to-face requirements for former TANF families.
3042.115.Reporting requirements for former TANF families.
3042.116.Verification of transfer of TANF benefits.
3042.117.Failure to contact the eligibility agency following the transfer.
3042.118.Payment authorization for former TANF families.
3042.119.Retroactive payment for former TANF families.
3042.120.Transfer from other states.
3042.121.Expiration of TANF benefits.
3042.122.Verification of expiration of TANF benefits.

HEAD START

3042.131.General provisions for Head Start.
3042.132.Eligibility determination for Head Start.
3042.133.Eligibility redetermination for Head Start.

WAIVERS AND PERIODS OF
PRESUMPTIVE ELIGIBILITY

3042.141.Domestic and other violence.
3042.142.Homelessness.
3042.143.Leave periods at redetermination.
3042.144.General waiver requirements.
3042.145.Time frame for waiver determinations.
3042.146.General verification requirements for waivers.
3042.147.General notification requirements for waivers.

NOTIFICATION AND RIGHT TO APPEAL

3042.151.General notification requirements.
3042.152.Notice of right to appeal.
3042.153.Notice of eligibility.
3042.154.Notice of ineligibility.
3042.155.Notice of adverse action.
3042.156.Notice confirming voluntary withdrawal.
3042.157.Notice confirming a change in benefits.
3042.158.Notice confirming a change in co-payment.
3042.159.Notice of overpayment.

APPEAL AND HEARING PROCEDURES

3042.161.Appealable actions.
3042.162.Discontinuation of subsidy during the appeal process.
3042.163.Subsidy continuation during the appeal process.
3042.164.Parent or caretaker rights and responsibilities regarding appeal.
3042.165.Eligibility agency responsibilities regarding appeal.
3042.166.Hearing procedures.

OVERPAYMENT AND DISQUALIFICATION

3042.171.Overpayment.
3042.172.Eligibility agency responsibilities regarding overpayment.
3042.173.Delaying recoupment.
3042.174.Notifying the Department of regarding recoupment.
3042.175.Repayment.
3042.176.Collection.
3042.177.Co-payment increase related to overpayment.
3042.178.Collection for a family whose child is no longer in care.
3042.179.Disqualification.

GENERAL PROVISIONS

§ 3042.1. 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.

§ 3042.2. Scope.

 This chapter applies to child care eligibility agencies, child care providers, and parents and caretakers requesting or receiving subsidized child care.

§ 3042.3. 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, Medical Assistance and Supplemental Nutrition Assistance Programs.

Caretaker—An individual who has legal custody of the child or any one of the following individuals who lives with and exercises care and control of the child:

 (i) A foster parent.

 (ii) A grandparent.

 (iii) A great-grandparent.

 (iv) An aunt.

 (v) An uncle.

 (vi) A sibling who is 18 years of age or older.

Child care—Care instead 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 Human Services 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, charter school, cyber school and any other program approved by the school district or the Department of Education.

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—An annual 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, at the time of application or redetermination, 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.

Head Start—Refers to Early Head Start or Head Start as follows:

 (i) Early Head Start—A program that serves families with at-risk children from birth to 3 years of age.

 (ii) Head Start—A program designed to prepare at-risk children, 3 years of age or older but under 5 years of age, for school success.

Homelessness—Refers to a child who lacks a fixed, regular and adequate nighttime residence as specified in section 725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C.A § 11434a(2)). The term includes:

 (i) Children and youth who are sharing the housing of other persons due to loss of housing, economic hardship or a similar reason; are living in motels or hotels due to the lack of alternative accommodations; are living in emergency or transitional shelters; or are abandoned in hospitals.

 (ii) Children and youth who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings.

 (iii) Children and youth who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings.

 (iv) Migratory children who qualify as homeless for the purposes of this subtitle because the children are living in circumstances described in subparagraphs (i) through (iii).

Income—Includes the following:

 (i) Earned income, including gross wages from work, cash and income from self-employment.

 (ii) Unearned income or benefits, including cash and contributions received by an individual for which the individual does not provide a service.

Maternity or family leave—As defined under the Family and Medical Leave Act of 1993 (29 U.S.C.A. §§ 2601—2654).

Maximum child care allowance—The highest amount the Department will pay 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 not or was not eligible or an amount in excess of the amount for which the family was eligible.

Owner or operator of a child care facility—The legal entity or individual that owns the facility, or the legal entity or a person designated by the legal entity to serve as the facility director.

Parent—The biological or adoptive mother or father, or stepmother or stepfather, who exercises care and control of the child for whom subsidy is requested.

Period of presumptive eligibility— A temporary period not to exceed 92 calendar days, during which the family is eligible for subsidized child care and meets one of the following conditions:

 (i) At application or redetermination, a parent or caretaker in a family that is experiencing homelessness may substitute job search activities to meet the work requirement as specified in § 3042.33 (relating to work, education and training).

 (ii) At redetermination, a family with a parent or caretaker who is on leave approved by the Department and has verified work, education or training that will begin no later than 92 calendar days following the redetermination due date is considered to be meeting the work requirement as specified in § 3042.33.

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.

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.

SMIState Median Income—An income figure that represents the midpoint in the range of State household income.

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.

TANFTemporary 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.

Tiered-reimbursement—An amount the Department sets and adds to a provider's payment rate if the provider meets additional quality standards, based on the level of quality the provider maintains and the amount of time the child receives care from the provider in a day.

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 funding is not currently available.

Work—Employment or self-employment.

§ 3042.4. 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 orientation, gender identity, 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—12213).

GENERAL BENEFITS

§ 3042.11. 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 will continue until the eligibility agency completes the family's next scheduled annual redetermination when a child turns 13 years of age between redeterminations.

 (d) 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 self-care.

 (e) A former TANF family is eligible for a child care subsidy under this chapter as specified in §§ 3042.111—3042.122 regarding former TANF families.

 (f) The Department, through the Department's contract with the eligibility agency, will direct funding for various populations, including individuals who formerly received TANF benefits and foster children.

§ 3042.12. Parent choice.

 A family that is eligible for subsidized child care shall have the right to choose care from a provider that agrees to comply with the Department's standards for provider participation. Providers eligible to participate include:

 (1) A child care center certified under Chapter 3270 (relating to child day care centers).

 (2) A group child care home certified under Chapter 3280 (relating to group child day care homes).

 (3) A family child care home certified under Chapter 3290 (relating to family child day care homes).

 (4) A grandparent, great-grandparent, aunt, uncle or sibling of the child who is 18 years of age or older and does not reside within the same household as the child.

§ 3042.13. 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 following the completion of an overnight work shift.

§ 3042.14. 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 minus the family co-payment for the type of care the child received from the provider, except when the Department provides tiered-reimbursement to providers that are eligible based on their participation in the Department's Quality Rating and Improvement System.

 (c) The Department may provide tiered-reimbursement based on the availability of funding.

 (d) 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, in addition to the weekly co-payment.

 (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.

 (f) When additional funding becomes available, the Department may direct any additional funding to providers that offer child care services during non-traditional hours.

 (g) The eligibility agency will not make retroactive payments for child care costs incurred more than 30 days prior to the issuance of an enrollment authorization, with the exception of a former TANF family as specified in § 3042.119 (relating to retroactive payment for former TANF families).

 (h) The Department will not permit new subsidy enrollments at a provider for whom the Department has issued a revocation or refusal to renew.

§ 3042.15. 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. At the parent's or caretaker's request, a subsidy-eligible, kindergarten-age child is permitted 1 additional school year to be enrolled in kindergarten.

 (c) If a parent or caretaker is the operator of a child care center, group child care home or family child 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), 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) If a parent or caretaker is the operator of a home that is exempt from certification under section 1001 of the Human Services Code (62 P.S. § 1001), 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.

 (e) A child is ineligible for subsidized child care if not enrolled with an eligible child care provider within 30 calendar days following the date the eligibility agency notifies the parent or caretaker that funding is available to enroll the child. Exceptions may apply with Departmental approval.

§ 3042.16. 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.

§ 3042.17. Attendance.

 (a) When the parent or caretaker enrolls a child in subsidized child care, the parent or caretaker shall specify, in writing to the eligibility agency, the days for which the parent or caretaker requested child care.

 (b) A child must attend child care at the provider on all days for which the parent or caretaker requested child care as specified in § 3042.13 (relating to subsidy benefits), unless the provisions specified in § 3042.20 (relating to subsidy suspension) apply.

§ 3042.18. Absence.

 (a) Upon notification from the provider that a child has been absent more than 5 consecutive days for which the child is scheduled to attend child care, the eligibility agency shall send the parent or caretaker a notice confirming the suspension of the child's enrollment and payment to the provider.

 (b) Upon notification from a parent or caretaker that a child has been or will be absent more than 5 consecutive days for which the child is scheduled to attend child care, the eligibility agency shall send the parent or caretaker a notice confirming the suspension of the child's enrollment and payment to the provider.

 (c) The notice shall inform the parent or caretaker of the following:

 (1) The responsibility of the parent or caretaker to report to the eligibility agency the date of the child's return to care.

 (2) Payment shall resume on the date the child returns to care.

 (d) If a child's absences exceed 40 total enrollment days in the State's fiscal year, the parent or caretaker is responsible to pay to the provider the provider's verified published daily rate for each day of absence starting with the 41st day of absence. A child is considered absent only once during an enrollment day. Suspended days of service as specified in § 3042.20 (relating to subsidy suspension) are not considered days of absence.

§ 3042.19. Subsidy continuation.

 (a) A family's eligibility and payment for subsidized child care continues during a break in or following the loss of work, education or training for the remainder of the child's current 12-month eligibility period.

 (b) A child's eligibility and payment for subsidized child care continues for the remainder of the child's current 12-month eligibility period when there is a change in the child's primary parent or caretaker. The substitute caretaker must meet only the requirement that the family's annual income does not exceed 85% of the SMI.

 (c) Subsidized child care will continue at the same level until the family's next scheduled annual redetermination in the following circumstances, unless the parent or caretaker requests the eligibility agency suspend care:

 (1) A parent or caretaker has a break in work, education or training.

 (2) A parent or caretaker experiences a decrease in work, education or training hours.

 (3) A parent or caretaker experiences the onset of a disability.

 (4) A 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).

§ 3042.20. Subsidy suspension.

 (a) The eligibility agency shall suspend subsidy if a child is unable to attend child care for more than 5 consecutive days for which the child is scheduled to attend.

 (b) At the parent's or caretaker's request, the eligibility agency shall suspend subsidy for a child who is expected to be absent more than 5 consecutive days.

 (c) The eligibility agency shall terminate subsidy for excessive unexplained absences after the subsidy has been suspended for a minimum of 60 consecutive days and the eligibility agency's repeated attempts to contact the parent or caretaker regarding the child's absences are unsuccessful, and following proper notification to the family as specified in § 3042.155 (relating to notice of adverse action).

§ 3042.21. Subsidy disruption.

 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 is placed on the waiting list according to the date of the initial eligibility for subsidized child care.

ELIGIBILITY REQUIREMENTS

§ 3042.31. 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 family's annual income does not exceed 85% of the SMI.

 (c) At redetermination, the family's annual income may not exceed 235% of the FPIG or 85% of the SMI.

 (d) The eligibility agency shall inform the parent or caretaker of the annual family income that will exceed 235% of the FPIG or 85% of the SMI and will cause the family to be ineligible for subsidized child care.

 (e) A family is ineligible for subsidized child care when the family's assets exceed $1 million at application and redetermination.

§ 3042.32. Residence.

 (a) Family members shall be residents of this Commonwealth.

 (b) 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.

 (c) A parent or caretaker experiencing domestic violence or homelessness may use an alternate address for receipt of mail or telephone number for receipt of telephone calls.

§ 3042.33. Work, education and training.

 (a) The parent or caretaker shall work at least 20 hours per week.

 (b) The eligibility agency shall average a parent's or caretaker's work hours in cases where hours of work vary from week to week.

 (c) The eligibility agency shall consider a parent or caretaker as meeting the work-hour requirement specified in subsection (a), under the following circumstances:

 (1) A parent or caretaker is under 22 years of age and does not have a high school or general educational development diploma, but is enrolled in and attending education on a full-time basis.

 (2) 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.

§ 3042.34. 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.

 (2) Verification of prospective work, education or training is provided as specified in § 3042.67 (relating to verification of work, education and training).

 (b) Subsidized child care may not begin until the parent or caretaker begins work, education or training.

 (c) 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.

§ 3042.35. Immunization.

 (a) A child receiving subsidized child care shall be up-to-date with 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 information). The eligibility agency shall grant exemption from the immunization requirement under one of the following circumstances:

 (1) A child's parent or caretaker objects to immunizations on religious grounds.

 (2) A parent or caretaker informs the eligibility agency that a child's medical condition contraindicates immunization.

 (b) If an otherwise eligible child is not up-to-date with immunizations and not exempt from immunization, the eligibility agency shall authorize the family for subsidy and give the parent or caretaker 90 calendar days to obtain immunizations for the child and self-certify that the child is up-to-date with immunizations or that the child is exempt from the immunization requirement.

§ 3042.36. 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.

§ 3042.37. 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 meets all of the following conditions is excused from the work, education and training requirements until the family's next scheduled annual redetermination:

 (1) Experiences the onset of a disability that is verified as specified in § 3042.70 (relating to verification of inability to work due to a disability).

 (2) Is unable to continue work, education or training due to the disability or the need to attend treatment for the disability.

 (b) A two-parent or two-caretaker family may be eligible for subsidized child care if all of the following conditions are met:

 (1) One parent or caretaker is working.

 (2) The parent or caretaker that is not working has a disability that is verified as specified in § 3042.70 at the time of application, or at the time the parent or caretaker becomes disabled and at each subsequent redetermination.

 (3) The parent or caretaker with the disability is unable to work or participate in education or training and is unable to care for the child for whom the family requested subsidy, or has a need to attend treatment for the disability and is unable to care for the child.

 (4) There is a court order or safety plan issued by a children and youth agency that prohibits the other parent or caretaker from caring for the child for whom the family requested subsidy.

DETERMINING FAMILY SIZE AND INCOME

§ 3042.41. Family size.

 (a) Individuals included in the definition of family as specified in § 3042.3 (relating to definitions) shall be counted when determining family size.

 (b) A foster child may be counted as a family of one or may be included in a family as defined in this chapter.

§ 3042.42. Income counted.

 The eligibility agency shall include the income of the following family members when determining financial eligibility:

 (1) The parent or caretaker of the child for whom subsidy is sought, excluding a teenage parent's earned income.

 (2) A parent's or caretaker's spouse.

 (3) Children for whom the parent or caretaker receives unearned income.

§ 3042.43. 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 § 3042.42 (relating to income counted).

 (2) Estimate monthly income from each income source in accordance with § 3042.44 (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 (relating to income to be included, deducted and excluded in determining gross monthly income) 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.

§ 3042.44. Estimating income.

 (a) 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, the eligibility agency shall estimate income based upon verified, actual amounts already received by the family prior to application or redetermination.

 (c) The eligibility agency shall adjust its estimate of monthly income to reflect recent or anticipated changes and unusual circumstances that are not expected to recur, such as overtime not likely to continue.

 (d) 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 DETERMINATION

§ 3042.51. Application.

 (a) The eligibility agency shall make applications for subsidized child care available to any person upon request.

 (b) A parent or caretaker may file a signed application for subsidized child care under this chapter, including an electronically-signed, online application, on any day and at any time.

 (c) A parent or caretaker may submit an application by mail, hand-delivery, facsimile or electronically.

§ 3042.52. Initial determination of eligibility.

 (a) The eligibility agency shall stamp the date and time of receipt on the signed application on the same day the eligibility agency receives the application by mail, hand-delivery, facsimile or electronically.

 (b) The eligibility agency shall determine a family's eligibility and authorize payment for subsidized child care no later than 10 calendar days following verification of all factors of eligibility. The eligibility agency may not delay a determination of eligibility beyond 30 calendar days following receipt of a signed application from the parent or caretaker.

 (c) The eligibility agency shall determine a family eligible retroactive to the date the family submitted a signed application if the eligibility agency has received all information necessary to complete the application and the verification provided by the parent or caretaker establishes eligibility.

§ 3042.53. Effective date of coverage.

 (a) If the eligibility agency determines a family eligible for subsidized child care and if funding is available, coverage of child care costs is retroactive to the date the family submitted a signed application.

 (b) If the eligibility agency places a child on a waiting list following the determination of eligibility, coverage of child care costs must begin on the date funding is available.

§ 3042.54. Notification of eligibility status and availability of funding.

 (a) The eligibility agency shall notify the parent or caretaker of the family's eligibility status within 30 calendar days of receiving a signed application.

 (b) If the eligibility agency determines a family eligible for subsidized child care, the eligibility agency shall notify the family's child care provider when funding becomes available to enroll the child.

§ 3042.55. Period of eligibility.

 A family receiving subsidy remains eligible until determined ineligible.

§ 3042.56. Face-to-face meeting.

 (a) If the eligibility agency determines a family eligible for subsidized child care and if funding is available, the parent or caretaker shall attend a face-to-face meeting with the eligibility agency no later than 30 calendar days following the date the eligibility agency notifies the family of eligibility for subsidized child care.

 (b) If the eligibility agency determines a family eligible for subsidized child care and if funding is not available, the parent or caretaker shall attend a face-to-face meeting with the eligibility agency no later than 30 calendar days following the date the first child from a family is enrolled in subsidized child care.

 (c) The eligibility agency shall accommodate the parent's or caretaker's work hours in scheduling the meeting.

 (d) The eligibility agency may extend the 30-day time frame for the face-to-face meeting if, on or before the 30th calendar day, the parent or caretaker claims hardship due to conflicts with the parent's or caretaker's working hours, transportation problems, or illness of the parent or caretaker or another family member. When the parent or caretaker claims hardship, the eligibility agency may grant an additional 30 days from the date the hardship is claimed for the meeting.

 (e) The eligibility agency may substitute a telephone contact for a face-to-face meeting if a face-to-face meeting cannot be scheduled without the parent or caretaker experiencing a hardship.

 (f) The eligibility agency may waive the requirement for the face-to-face meeting if the parent or caretaker has completed a face-to-face meeting with the eligibility agency within the previous 12 months.

§ 3042.57. Waiting list.

 (a) If funds are not available to enroll a child following determination of the family's eligibility for subsidy, the eligibility agency shall place an eligible child on a waiting list on a first-come, first-served basis.

 (b) If a parent or caretaker requests subsidized child care for an additional child following the date the family was initially determined eligible for subsidized child care, the eligibility agency shall place the additional child on the waiting list according to the date and time that the parent or caretaker requests care for the additional child.

 (c) A child is ineligible for subsidized child care if not enrolled with an eligible child care provider within 30 calendar days following the date the eligibility agency notifies the parent or caretaker that funding is available to enroll the child. Exceptions may apply with Departmental approval. These exceptions may include instances with circumstances that are beyond a family's control, such as, returning to work following maternity leave or not being able to enroll a child in care until a spot opens at the only child care facility in the area.

SELF-CERTIFICATION AND VERIFICATION

§ 3042.61. 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 assist parents and caretakers in obtaining verification, including making a collateral contact.

 (c) The eligibility agency may not impose requirements for verification beyond the requirements of this chapter.

 (d) 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.

 (e) The eligibility agency shall retain the signed consent in the family's file.

 (f) The consent shall remain in effect for as long as the family receives subsidy.

 (g) 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.

 (h) The eligibility agency may not require a parent or caretaker to re-verify information unless the eligibility agency has information that indicates the subsidy status of the family has changed.

§ 3042.62. Collateral contact.

 (a) The eligibility agency shall make a collateral contact on behalf of the parent or caretaker.

 (b) The eligibility agency shall obtain from the parent or caretaker a list of sources of reliable collateral contact information.

 (c) The eligibility agency shall cooperate with a source who acts as a collateral contact.

 (d) Sources of reliable collateral contact information may include the following:

 (1) Public records, such as domestic relations or other courthouse records.

 (2) A school teacher or principal.

 (3) A regulated child care provider.

 (4) A health care professional.

 (5) A social service worker or counselor.

 (6) A religious professional.

 (7) An attorney.

 (8) Any other third party with knowledge about a fact or circumstance bearing on eligibility.

 (e) The eligibility agency may not contact an alleged abuser or former abuser in a domestic violence situation.

§ 3042.63. 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) Inclusion in the family composition of a child who is 18 years of age or older but under 22 years of age and meets the definition of family set forth in § 3042.3 (relating to definitions).

 (3) Citizenship or immigration status.

 (4) Immunization status or exemption from the immunization requirement.

 (5) Days and hours for which the child needs care.

 (6) Status of an individual who formerly received TANF as specified in § 3042.115(1) (relating to reporting requirements for former TANF families).

 (7) Face-to-face time frame extension or telephone contact based on hardship as specified in § 3042.56(d)—(f) (relating to face-to-face meeting).

§ 3042.64. 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 § 3042.63 (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 is 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.

§ 3042.65. 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) Another document that establishes income from work.

 (3) The Department's cash verification form.

 (4) A collateral contact as specified in § 3042.62 (relating to collateral contact).

 (5) A written self-declaration by the parent or caretaker as specified in § 3042.64 (relating to self-declara- tion).

 (b) Acceptable verification of income from self-employment includes:

 (1) Tax returns, including schedules related to self-employment, filed for the preceding Federal tax year and which document profit for that year.

 (2) The Department's self-employment verification form that includes a statement of gross earnings, minus allowable cost of doing business, and that shows a profit.

 (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 § 3042.62.

 (3) A written self-declaration by the parent or caretaker as specified in § 3042.64.

 (d) Acceptable verification of the amount of support received or paid by the family includes one of the following:

 (1) Information from the Pennsylvania Child Support Enforcement System.

 (2) Information from a domestic relations office.

 (3) Court order.

 (4) Pay stub.

 (5) Written statement by the noncustodial parent or the noncustodial parent's legal representative.

 (6) A copy of a current benefit check that designates the amount of support.

 (7) Collateral contact as specified in § 3042.62.

 (8) A written self-declaration by the parent or caretaker as specified in § 3042.64.

§ 3042.66. Verification of residence.

 (a) The parent or caretaker shall submit verification of residence at the time of application.

 (b) Acceptable verification of residence includes any of the following:

 (1) Mail received by the parent or caretaker or a copy of a lease, utility bill, deed, driver's license, rental agreement or other document establishing residence.

 (2) A collateral contact as specified in § 3042.62 (relating to collateral contact).

 (3) A written self-declaration by the parent or caretaker as specified in § 3042.64 (relating to self-declaration).

 (c) The parent or caretaker shall submit verification of residence at the time of redetermination if the parent or caretaker reported a change of address.

§ 3042.67. Verification of work, education or training.

 Acceptable verification of the number of hours of work, education, training or enrollment in education or training includes one of the following:

 (1) A document provided by the parent or caretaker as verification of earned or anticipated earned income, if this verification indicates or can be used to compute the number of hours the parent or caretaker worked, is normally scheduled to work or, in cases when hours vary, the average number of hours worked.

 (2) A copy of a work schedule signed by the employer.

 (3) A copy of the class or training schedule from an education or training representative.

 (4) Another document that establishes the number of hours of work or anticipated hours of work, education or training.

 (5) A collateral contact as specified in § 3042.62 (relating to collateral contact).

 (6) A written self-declaration by the parent or caretaker that indicates the parent or caretaker works or will work at least 20 hours per week as specified in § 3042.64 (relating to self-declaration).

§ 3042.68. Verification of circumstances relating to a decrease in co-payment.

 Acceptable verification of circumstances relating to a decrease in co-payment includes any of the following:

 (1) Verification of a decrease in income as specified in § 3042.65 (relating to verification of income).

 (2) Verification of a change in family size and composition as specified in § 3042.71 (relating to verification of family size).

 (3) Verification of maternity and family leave as indicated by one of the following:

 (i) A birth certificate.

 (ii) The Department's medical assessment form.

 (iii) A medical record or a written statement from a physician.

 (iv) A written statement or other documentation completed by a licensed physician that describes the inability to work or participate in education or training and includes a date of anticipated return to work.

 (v) A written statement from the employer or an education or training representative.

 (vi) A collateral contact as specified in § 3042.62 (relating to collateral contact).

 (vii) A written self-declaration by the parent or caretaker as specified in § 3042.64 (relating to self-declaration).

 (4) Verification relating to inability to work due to a disability as specified in § 3042.70 (relating to verification of inability to work due to a disability).

§ 3042.69. Verification of identity.

 (a) The parent or caretaker shall submit verification of identity at the time of application.

 (b) Acceptable verification of identity includes any of the following:

 (1) Employer identification card.

 (2) Military photo-identification card.

 (3) Passport.

 (4) Other verifiable photo-identification.

 (5) Driver's license with or without a photograph.

 (6) State-issued birth certificate.

 (7) Certificate of naturalization.

 (8) Certificate of United States citizenship.

 (9) Alien registration receipt card or permanent resident card.

 (10) Valid or expired State driver's learner's permit.

 (11) Social Security card.

 (12) Marriage license, divorce decree or court order for a name change.

 (13) Marriage record that contains the date of birth.

 (14) Voter registration card.

 (15) A collateral contact as specified in § 3042.62 (relating to collateral contact).

 (16) A written self-declaration by the parent or caretaker as specified in § 3042.64 (relating to self-declaration).

 (c) The parent or caretaker shall submit verification of identity at the time of redetermination if the eligibility agency becomes aware of an additional parent or caretaker residing in the household.

§ 3042.70. Verification of inability to work due to a disability.

 Acceptable verification of inability to work due to a disability at the time of application or redetermination includes:

 (1) In a two-parent or two-caretaker family, verification of the parent's or caretaker's disability shall include an assessment by a physician or psychologist that states the following:

 (i) The condition causing the inability to work or to participate in education or training.

 (ii) The manner in which the condition causing the disability prevents the parent or caretaker from providing care for the child.

 (iii) The date the parent or caretaker is expected to return to work or resume participation in education or training or the date the parent or caretaker will be able to care for the child.

 (2) In a two-parent or two-caretaker family, if the parent or caretaker with a disability submits written verification of disability payments from Social Security, Supplemental Security Income (SSI), Worker's Compensation, 100% of Veterans Disability or 100% of another type of work-related disability, that verification shall serve as permanent verification of the parent's or caretaker's inability to work.

§ 3042.71. Verification of family size.

 Acceptable verification of family size includes one of the following:

 (1) A birth certificate.

 (2) A custody order.

 (3) A medical record or a written statement from a physician.

 (4) A written statement from the parent indicating that the caretaker has care and control of the child for whom subsidized child care is requested.

 (5) A school record.

 (6) A government or social service agency record.

 (7) A collateral contact as specified in § 3042.62 (relating to collateral contact).

 (8) A written self-declaration by the parent or caretaker as specified in § 3042.64 (relating to self-declaration).

§ 3042.72. Verification of child's incapability of caring for himself.

 Acceptable verification of a child's incapability of caring for himself as specified in § 3042.11(c) (relating to provision of subsidized child care) is documentation by a licensed physician or psychologist.

§ 3042.73. Verification of care and control.

 Acceptable verification of care and control includes one of the following:

 (1) A school record.

 (2) A medical record or a written statement from a physician.

 (3) A social service record.

 (4) A religious record.

 (5) A domestic relations office support order.

 (6) A court order.

 (7) A rental or lease agreement.

 (8) A notarized written statement from the parent or caretaker.

 (9) A collateral contact as specified in § 3042.62 (relating to collateral contact).

 (10) A written self-declaration by the parent or caretaker as specified in § 3042.64 (relating to self-declaration).

§ 3042.74. Verification of foster child status.

 (a) Acceptable verification of foster child status includes one of the following:

 (1) A statement from a children and youth agency.

 (2) A record from a government or social service agency.

 (b) Verification of foster child status must be verified at application, redetermination or upon adding the child to the family composition.

ELIGIBILITY AGENCY RESPONSIBILITIES

§ 3042.81. Eligibility agency.

 (a) The eligibility agency shall manage the subsidized child care program in part of a county, a single county or several counties.

 (b) The eligibility agency may be either a prime contractor or a subcontractor designated in a prime contract.

§ 3042.82. Eligibility determination.

 (a) The eligibility agency shall determine eligibility for subsidized child care as specified in this chapter.

 (b) The eligibility agency may not impose eligibility conditions other than the conditions listed in this chapter.

 (c) The eligibility agency may not require the parent or caretaker to select a particular provider or combination of providers as a condition of eligibility.

§ 3042.83. Confidentiality.

 (a) The eligibility agency and its employees shall keep confidential the information in the family file and use that information only for purposes directly connected to the administration of their duties.

 (b) Agents of the United States, the Commonwealth and the Department who are responsible for eligibility review, evaluation or audit functions shall have access to, and the right to the use and disclosure of, information on applicants or recipients of subsidized child care. This use and disclosure is confined to the agent's responsibility to carry out review, evaluation or audit functions.

 (c) Disclosure of information beyond the scope of review, evaluation or audit functions performed by the agents requires the parent's or caretaker's informed and written consent.

 (d) Information in the family file may be disclosed to the local CAO when necessary to ensure that funds are authorized appropriately.

 (e) The eligibility agency shall ensure the confidentiality of an individual who files an appeal or complaint about a family's receipt of subsidized child care for a child.

§ 3042.84. Family file.

 (a) An eligibility agency shall establish and maintain a separate file for the family of each parent or caretaker who applies for subsidized child care.

 (b) The family file shall contain documents pertaining to eligibility determination, redetermination, subsidized child care authorization, co-payment agreements and copies of written notices required by this chapter.

 (c) A parent or caretaker or an authorized representative has a right to examine the family file.

§ 3042.85. Record retention.

 (a) An eligibility agency shall retain paper or electronic family files, completed application forms, written notices, books, records and other fiscal and administrative documents pertaining to subsidized child care.

 (b) An eligibility agency shall maintain records for at least 6 years from the end of the fiscal year in which subsidized child care has been provided or until an audit or litigation is resolved.

 (c) The fiscal year is a period of time beginning July 1 of any calendar year and ending June 30 of the following calendar year.

§ 3042.86. Processing reported changes.

 (a) A parent or caretaker may report a change in circumstances whenever a change occurs.

 (b) A parent or caretaker shall report income in excess of 85% of the SMI no later than 10 calendar days following the date of the change.

 (c) If the parent or caretaker reports a change that results in the family or a child in the family becoming ineligible for subsidy, the eligibility agency shall take the necessary steps to terminate the subsidy with proper notification to the family as specified in § 3042.155 (relating to notice of adverse action).

 (d) If the parent or caretaker reports a change that may result in a decrease in the family co-payment, the eligibility agency shall review the change and decrease the co-payment as specified in § 3042.94 (relating to parent or caretaker co-payment requirements).

 (e) If the parent or caretaker fails to report a change in the child's provider, the child remains eligible. The eligibility agency may not make retroactive payment more than 30 calendar days prior to the date the parent or caretaker reported the change, except for a former TANF family as specified in § 3042.119 (relating to retroactive payment for former TANF families).

§ 3042.87. Voluntary request to terminate subsidized child care.

 (a) A parent or caretaker may request the eligibility agency to terminate subsidy.

 (b) Upon receipt of a request to terminate subsidy, the eligibility agency shall take steps to terminate the family's eligibility.

 (c) The eligibility agency shall notify the parent or caretaker as specified in § 3042.156 (relating to notice confirming voluntary withdrawal).

§ 3042.88. Child abuse reporting.

 The eligibility agency shall immediately report suspected child abuse in accordance with the Child Protective Services Law (23 Pa.C.S. §§ 6301—6387) and Chapter 3490 (relating to protective services).

CO-PAYMENT AND PAYMENT BY
THE DEPARTMENT

§ 3042.91. General co-payment requirements.

 (a) The eligibility agency shall determine the amount of the parent's or caretaker's co-payment during the eligibility process based on the parent's or caretaker's actual or verified anticipated income and family size.

 (b) The eligibility agency will set the co-payment at an initial determination of eligibility for subsidized child care and reestablish it at each successive redetermination of eligibility.

 (c) The co-payment covers each child in the family who is receiving subsidized child care.

 (d) The co-payment includes each day of the week for which the family establishes a need for child care.

 (e) The co-payment is due on the first day of the service week and each week thereafter, regardless of the day the parent or caretaker enrolls the child.

§ 3042.92. Department's payment.

 (a) The payment rate is the daily amount paid to a child care provider for services delivered to a child who is eligible for subsidized child care.

 (b) If the co-payment does not exceed the payment rate for care, the difference between the payment rate and the weekly co-payment is the Department's payment for subsidized child care.

 (c) If the Department's weekly payment to the provider is less than $5, the family is not eligible for subsidized child care with that provider.

§ 3042.93. Adjusted co-payment for prospective work.

 (a) Upon notification by the parent or caretaker of receipt of payment for employment, the eligibility agency shall:

 (1) Adjust the family co-payment, if applicable, no later than 20 calendar days following the date the parent or caretaker reports the receipt of payment from employment.

 (2) Provide notice to the parent or caretaker of the planned change in the co-payment.

 (b) The parent or caretaker shall begin paying the adjusted co-payment starting the first day of the service week following the date the written notice is postmarked or hand-delivered to the parent or caretaker by the eligibility agency.

 (c) A single parent or caretaker who applies for subsidized child care and who reports prospective work is not required to pay a co-payment until the parent or caretaker receives income from work.

§ 3042.94. Parent or caretaker co-payment requirements.

 (a) If the co-payment is decreased as the result of a parent or caretaker voluntarily reporting a change or as the result of a redetermination, the parent or caretaker shall begin paying the reduced co-payment on the first day of the service week following the date the parent or caretaker reported a change or the date the redetermination was completed.

 (b) If the co-payment is increased as the result of a redetermination, the parent or caretaker shall begin paying the increased co-payment on the first service day of the week following the expiration of the notification period specified in § 3042.151(a) (relating to general notification requirements) advising the parent or caretaker of the co-payment increase.

 (c) The co-payment is due on the first day of the service week and each week thereafter, regardless of the day the parent or caretaker enrolls the child.

§ 3042.95. Delinquent co-payment.

 (a) A co-payment is delinquent if it is not paid by the last day of the service week.

 (b) On the day the provider reports the co-payment is delinquent, the eligibility agency shall notify the parent or caretaker in writing that action will be taken to terminate subsidy for the child.

 (c) If a co-payment is delinquent, the eligibility agency will apply the first payment paid during a week to the current week's co-payment. The eligibility agency will apply subsequent payments during a week to the delinquent co-payment.

 (d) To maintain eligibility for subsidized child care when a parent or caretaker incurs a co-payment delinquency, the parent or caretaker shall pay all of the following prior to the expiration of the notification period:

 (1) The current weekly co-payment.

 (2) The delinquent co-payment.

 (3) The amount of any additional delinquencies accumulated during the notification period.

§ 3042.96. Eligibility agency responsibilities regarding co-payment.

 (a) The eligibility agency shall generate notices based on delinquent co-payments.

 (b) The eligibility agency shall send the provider a copy of each notice issued to a parent or caretaker whose child is enrolled with the provider.

 (c) When a co-payment is reported to the eligibility agency as delinquent, the eligibility agency shall mail a notice to the parent or caretaker. The notice must state that service will be terminated on a date set forth on the notice, which is the first day after 10 calendar days following the date of the written notice, unless the delinquent co-payment is paid by that date.

 (d) A family whose subsidy is terminated for failure to make required co-payments may not be reauthorized for subsidy until all outstanding co-payments have been paid in full as specified in § 3042.95(d) (regarding to delinquent co-payment).

 (e) The eligibility agency shall retain a copy of the termination notice.

 (f) The eligibility agency shall distribute, to each parent or caretaker who applies for subsidized child care, a handbook of parent's rights and responsibilities in the subsidized child care program provided by the Department.

§ 3042.97. Use of the Federal Poverty Income Guidelines and State Median Income.

 (a) The FPIG are used to determine the income limits and co-payments for subsidized child care.

 (b) Following annual publication of the FPIG, the Department will publish an updated co-payment chart in Appendix B (relating to co-payment chart) through a notice in the Pennsylvania Bulletin.

 (c) The eligibility agency shall inform each parent or caretaker of the dollar amount that is equivalent to 235% of FPIG or 85% of the SMI.

 (d) The eligibility agency shall explain that 235% of FPIG and the specific dollar figure are the highest annual income amounts permitted at the time of redetermination.

 (e) A family is ineligible at any time if its annual income exceeds 85% of the SMI.

§ 3042.98. Co-payment determination.

 (a) The eligibility agency shall determine the family co-payment based on the following:

 (1) The family size and family income as specified in §§ 3042.41—3042.44 regarding determining family size and income.

 (2) The co-payment is at least $5, unless waived as specified in §§ 3042.34(a), 3042.141(d)(2) and 3042.142(c)(2) (regarding to prospective work, education and training; domestic and other violence; and homelessness).

 (3) The family's annual co-payment may not exceed 11% of the family's annual income.

 (4) If the family's annual income is 100% of FPIG or less, the annual co-payment may not exceed 8% of the family's annual income.

 (b) The eligibility agency shall determine the co-payment by using the co-payment chart in Appendix B (relating to co-payment chart).

§ 3042.99. Co-payment exceeding monthly payment for care.

 (a) If the co-payments for 1 month are equal to or exceed the monthly payment for care, the family is not eligible for subsidized child care with that provider. The family must enroll the child or children with another eligible provider as specified in § 3042.12 (relating to parent choice).

 (b) If the co-payments for 1 month are equal to or exceed the monthly payment for care because other children in the family are currently on the waiting list, the family may choose to suspend the child's care with that provider until funding becomes available to enroll other children in the family in care.

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