FAMILY SUPPORT UNIT
PROCEDURE MANUAL
Arkansas Department of Human Services
Division of Child Care and Early Childhood Education
P.O. Box 1437, Slot S-145
Little Rock, Arkansas 72203
1-800-322-8176
9.30.09
TABLE OF CONTENTS
SECTION 1 - INTRODUCTION TO CHILD CARE ASSISTANCE
1.1
1.2
1.3
Mission Statement…………………………………………………………………………...5
Purpose of the Child Care Assistance Program……………………………………………5
Federal Regulations and Program Guidelines…….……...………………………..……….5
1.3.1 Parental Choice…………………………………………………………………………...6
1.3.2 Confidentiality of Information……………………………………………………………6
1.3.3 Prohibited Discriminatory Practices………………………………………………………6
1.3.4 Use of Policy Manual…………………………………………………………………….7
1.4
Overview of Casehead Responsibilities…………………………………………………….7
1.5
Appeals and Hearings………………………………………………………………………7
1.5.1 Right to Case Review…………………………………………………………………….7
1.5.2 Internal Review…………………………………………………………………...………8
1.5.3 Administrative Hearing…………………………………………………………................8
SECTION 2 - PROVIDER INFORMATION
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10
Provider Participation……………………………………………………………………..10
Provider Exclusions………………………………………………………………...............11
Provider Training………………………………………………………………………….11
Corrective Action…………………………………………………………………………..11
State and Federal Income Taxes……….………………………………………………….11
Notice to Provider upon Certain Actions…………………………………………………11
Billing Procedures………………………………………………………………………….11
County Rate Caps…………………………………………………………………..............11
Parent Fees…………………………………………………………………………………12
Fee Collection………………………………………………………………………………12
SECTION 3 - CHILD CARE ASSISTANCE
3.1
Eligibility Factors…………………………………………………………………………..13
3.1.1 Citizenship………………………………………………………………………………13
3.1.2 Residence……………………………………….………………………………………15
3.1.3 Need for Service…………………………………………………………………...……15
3.1.4 Eligible Child/ Level of Care……………………………………………………………15
3.1.5 Social Security Number…………………………………………………………………16
3.1.6 Employment……………………………………………………………………….……16
3.1.7 Job Search ……………………………………………………………………………...16
3.2
Students……………………………………………………………………………………17
3.2.1 Classification……………………………………………………………………………17
2
3.2.2 Grade Requirements…………………………………………………………………….17
3.2.3 Academic Probation and Disqualification……………………………………………….18
3.2.4 Working Students……………………………………………………………………….18
3.2.5 Restrictions on Student Status…………………………………………………………...19
3.3
Special Circumstances……………………………………………………………………..19
3.3.1 Emancipated Minors…………………………………………………………………….19
3.3.2 Relatives with Custody………………………………………………………………….19
3.3.3 Disabled Household Adult………………………………………………………………20
3.3.4 Active Military Duty…………………………...………………………………………..20
3.3.5 Medical Absence or Incapacity………………………………………………………….20
3.3.6 Joint Custody………………………………………………………………………...21
3.4
Income………………………………………………………………………………... ……21
3.4.1 Classification of Income………………………………………………………………...21
3.4.2 Monthly Gross Earned Income………………………………………………………….22
3.4.3 Income Deduction………………………………………………………………………23
3.4.4 Self-Employment Income……………………………………………………………….23
3.4.5 Unearned Income………………………………………………………………………..24
3.4.6 Exclusions from Countable Monthly Gross Income……………………………………..26
SECTION 4 - APPLICATION PROCESS
4.1
4.2
Application Timeframes.……………………………….. ……………………………..….28
Initial Application………………………………………………………………………….28
4.2.1 Approval………………………………………………………………………………...28
4.2.2 Level of Care Authorized………………………………………………………………..29
4.2.3 Private Kindergarten/Delayed Start in Public Schools…………………………………...29
4.2.4 Denial of Application……………………………………………………………………30
4.2.5 Withdrawal of the Application…………………………………………………………..30
4.2.6 Unavailability of Funds………………………..…………………………………...……31
4.2.7 Delayed Action/Incomplete Applications………………………………………………..31
4.3
Re-Evaluation Application………………………………………………………………...31
4.3.1 Re-Evaluation Process……………………………………………………………...........32
4.3.2 Timely Re-Evaluations………………………………………………………………….32
4.3.3 Households Ineligible for Re-Certification………………………………………………32
4.3.4 Re-Evaluation Process…………...……………………………………………………....33
SECTION 5 - CASE MANAGEMENT
5.1
5.2
5.3
Case Record Order……………………………………………………….............................34
Case Narration………………………………………………………………………. ……34
Notices…………………................................................................................................................35
5.3.1 Notice of Action…………………………………………………………………... ……35
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5.3.2 Adequate Notice………………………………………………………………………...35
5.4
Reinstatement of Closed Case……………………………………………………………..35
5.5
Processing Changes………………………………………………………………………...35
5.5.1 Transfer of Case Record……………………………………………………………...…36
5.5.2 Inactive Status…………………………………………………………………………...36
5.5.3 Change in Child Care Providers…………………………………………………………36
5.5.4 Reason to Approve Additional Changes……………………………………………..…..36
5.5.5 Adding Children…………………………………………………......................................37
5.5.6 Closure Cases…………………………………………………………………………...37
5.6
Access to Case Records…………………………………………………………………….38
5.7
Case Record Storage…………………………………………………………………….....38
SECTION 6 – IMPROPER PAYMENTS
6.1
6.2
6.3
6.4
6.5
6.6
Overview…………………………………………………………………………………....39
Definition of Errors………………………………………………………………………...39
Responsibilities of Division Staff…………………………………………………………..40
Improper Payment Referral Documentation……………………………………………..40
Improper Payment Referral Processing…………………………………………………..41
Repayment…………………………………………………………………………………42
SECTION 7 – FRAUD
7.1
7.2
7.3
7.4
7.5
Overview…………………………………………………………………………………....42
Definition……………………………………………………………………………...……42
Responsibilities of Division Staff………………………………………………....................43
Referral Documentation…………………………………………………………………...43
Legal Action and Disqualification…………………………………………………………44
APPENDIX—Definitions………………………………………………………………….….46
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SECTION 1 – INTRODUCTION TO CHILD CARE ASSISTANCE
1.1
MISSION STATEMENT
The mission of the Child Care Assistance Program is to assist families striving towards self-sufficiency
with their child care needs by providing resources, information and referrals. In carrying out this
mission, it is our goal to provide quality child care assistance in a timely and courteous manner, focus
on the individuals’ dignity and self-respect, maintain parental choice, guard the integrity of the program
and recognize employees’ achievements.
1.2
PURPOSE OF THE CHILD CARE ASSISTANCE PROGRAM
The purpose of the Child Care Assistance Program is to increase the availability, affordability and the
quality of child care for families in the state of Arkansas. Further goals include assisting families in
achieving and maintaining economic self-support and self-sufficiency.
The goals of economic independence and prevention of welfare dependency are promoted through the
belief that continued employment results in more secure families. This program reinforces the idea that
the strength of the family is important to the state's and the nation's economy. Targeting families that
are attempting to achieve and maintain economic independence from welfare is a concern of state and
federal government.
The goal of the Child Care Assistance Program includes preventing the neglect, abuse, and exploitation
of children through child care services. Its purpose also includes preventing and reducing the
unnecessary or inappropriate institutionalization of children.
Primary funding for the Child Care Assistance Program comes from the Child Care and Development
Fund. The Child Care and Development Fund (CCDF) is under the administration of the U.S.
Department of Human Services, Administration for Children and Families. The Child Care and
Development Fund is distributed to the states to provide child care services for low-income families.
The Arkansas Department of Human Services, Division of Child Care and Early Childhood Education
(DCC-ECE) has been designated as the lead agency to administer federal funds available to Arkansas
through the CCDF.
1.3
FEDERAL REGULATIONS AND PROGRAM GUIDELINES
As the lead agency, the Arkansas Department of Human Services (DHS) is responsible for
implementing a program that complies with federal regulations associated with the CCDF. Under
these regulations, DHS must ensure that:
•
•
•
The program is made accessible to all eligible parents (as funding allows)
Parents/guardians are given a choice of eligible providers and that the requirements of this
program will not significantly restrict parental choice of the types of providers
Parents/guardians will have unlimited access to their children and to the providers that are
caring for their children during normal hours of operation
5
•
•
•
A record of parental complaints is maintained and made available to the public on request
Consumer education information is made available to the public concerning licensing and
regulatory requirements, complaint procedures, health and safety information and policies
relative to child care services
Payment rates will be sufficient to ensure equal access for eligible children
1.3.1
Parental Choice
The casehead* of the child shall select the child care provider for the child, except in Protective
Services and/or Foster Care cases. In Protective Services and/or Foster Care cases, the
Division of Children and Family Services (DCFS) will make the final decision concerning the
child care provider based on the child's needs and the case plan. Providers meeting state
Quality Approval Accreditation shall be given priority consideration in this selection.
*-The term casehead refers to the person applying for child care assistance on behalf of a
child. A casehead must be at least 18 years of age (except in the case of an emancipated
minor) and must have physical custody of the child. For future reference in policy, casehead
will be synonymous with parent, guardian, client, applicant or recipient.
The casehead must select a provider that:
•
•
•
Is licensed or registered by the Division of Child Care and Early Childhood Education
Meets the requirements of the State of Arkansas
Has attended required provider training and has submitted a signed copy of the Child
Care System Participant Agreement, DHS-9800
If a provider that meets these requirements cannot be located, the casehead may request
assistance from the Program Eligibility Specialist (PES) in locating a facility.
1.3.2
Confidentiality of Information
Federal and state laws, as well as DHS policy restrict the use or disclosure of information
concerning applicants or recipients of child care services to purposes directly connected with
the administration of the program. The casehead, upon signing the Application for Child Care
Assistance (DCC-513), gives consent for the Division of Child Care and Early Childhood
Education (DCC-ECE) to secure information related to the client's eligibility from collateral
sources.
1.3.3
Prohibited Discriminatory Practices
DHS is in compliance with Titles VI and VII of the Civil Rights Act of 1964, Sections 503 and
504 of the Rehabilitation Act of 1973, as amended and the Americans with Disabilities Act of
1990.
6
1.3.4 Use of Policy Manual
The PES, as well as other Family Support Unit employees, will utilize this procedure manual,
to determine assistance eligibility for all applicants in a fair, consistent and timely manner.
The PES is responsible for exercising prudent and reasonable judgment when applying policy.
1.4
OVERVIEW OF CASEHEAD RESPONSIBILITIES
The casehead has the responsibility to provide complete and accurate information and documentation
regarding the casehead’s situation any time it is requested by a DCC-ECE employee.
The casehead also has the responsibility to report to the PES any change that affects eligibility or fee
assessment within ten (10) days of the date the change occurs.
The casehead must provide a minimum of one (1) week written notice to the PES and the current child
care provider when they wish to change child care providers. Failure to abide by this provision will
result in the casehead being responsible for the child care bill at the new facility until the new
authorization is written.
1.5
APPEALS AND HEARINGS
1.5.1
Right to Case Review
Whenever an application is denied, or an adverse action is taken, the casehead will be informed
in writing of the decision and of the right for a review of the decision. The notice must state that
the casehead has ten (10) days from the date of the Notice of Action (DCC-531) in which to
submit a request for Internal Review of the decision. The complete Internal Review and
Appeal Process is outlined in Sections 1.5.2 and 1.5.3 of this procedure manual. The casehead,
or an individual acting on behalf of a casehead, may request an Internal Review regarding the
following actions:
•
•
•
•
Reduction of child care services
Termination of child care services
Fee assessment
Failure of the agency to act upon a request for child care services within agency
timeframes outlined in policy
Anyone acting on behalf of a casehead must be acting at the written request of the casehead,
and must be acting strictly in the interest of the casehead. A child care provider cannot act on
behalf of the casehead during an Internal Review or Appeal Process.
Action taken by DCC-ECE as a result of unavailability of funds/reaching lifetime limit of sixty
(60) months is not subject to appeal.
Any appeal or request for review not received within the timeframe outlined in policy shall be
denied.
7
1.5.2
Internal Review
The first step in appealing any adverse action is to request an Internal Review. Any complaint
regarding an adverse action or service delivery must be made in writing to the Area Supervisor
within ten (10) days of the adverse action. Once received, the Supervisor will render a written
decision within five (5) working days. If the casehead is not satisfied with this decision, the
casehead may request an Internal Review, in writing, from the Unit Administrator within seven
(7) days of the date of notice of action from the Area Supervisor. The Unit Administrator will
then render a written decision within five (5) working days of the request.
If the client remains dissatisfied with the decision made by the Unit Administrator, the
casehead may request an Internal Review by the Division Director. This request for an Internal
Review must be made in writing and received within thirty (30) days of the date of adverse
action from the Unit Administrator. The written request must be mailed to the Division
Director, Division of Child Care and Early Childhood Education, Department of Human
Services, P.O. Box 1437, Slot S-140, Little Rock, Arkansas, 72203-1437.
Once the Division Director has received the written request for an Internal Review from the
casehead, the Division Director will inform the casehead of the decision of the Internal Review,
in writing, within ten (10) working days of the date the written request for the review was
received.
1.5.3
Administrative Hearing
The casehead may request an Administrative Hearing within thirty (30) days from the date of
the adverse action by the Division Director. The request shall be made to Office of Appeals
and Hearings, P.O. Box 1437, Slot N-401, Little Rock, AR 72203-1437. The Administrative
Hearing process is also available to clients or providers when allegations of overpayments
and/or fraud in the Child Care Assistance Program have been made.
The Office of Appeals and Hearings will notify the Family Support Unit that a casehead has
requested a hearing. The Family Support Unit will then prepare a Hearing File which will
contain that part of the record that was utilized in making the decision that is being appealed, a
summary of the facts and actions that led to the decision, any supporting evidence and a list of
witnesses. This file will be sent to the Office of Appeals and Hearings. DHS employees are
expected to attend hearings and present testimony without benefit of a subpoena and will be
notified by the Office of Appeals and Hearings of their required presence at the hearing. The
Family Support Unit will be notified of any witnesses requested by the casehead and will have
five (5) days from the receipt of this notice to request subpoenas for rebuttal witnesses.
The individual requesting the hearing (hereafter called the Petitioner) and/or his/her
representative(s) will be advised by Form DHS-3205 that he has ten (10) days from the date he
signed the certified mail receipt to request witnesses. The DHS-3205 will be prepared by the
Office of Appeals and Hearings and sent by Certified Mail, Return Receipt Requested.
8
The Office of Chief Counsel, Department of Human Services, will issue the subpoenas,
pursuant to Arkansas Code Ann. 25-15-209. After the timeframes have expired for
subpoenaing witnesses, the hearing will be scheduled at least ten (10) days prior to the date of
the hearing. The scheduling letter will contain the time, date, and place of the hearing and the
name of the Hearing Officer who will be in charge of the hearing. The location of the hearing
will normally take place in the county of residence of the petitioner, unless the petitioner
requests another, more convenient location.
If the petitioner fails to appear for the hearing and has not notified the Office of Appeals and
Hearings prior to the date of the hearing of their inability to attend, the appeal will be
abandoned.
It is the responsibility of the Family Support Unit to appoint a representative prior to the time of
the hearing. The appointed representative should be knowledgeable of the circumstances of the
case, be able to summarize all pertinent aspects of the situation, and to present the supporting
documentation. The representative should be able to answer questions posed by the Hearing
Officer or the Petitioner. The representative must be prepared to question any adverse
witnesses.
The Family Support Unit Representative may request an attorney from the Office of Chief
Counsel. A Hearing Officer from the Office of Appeals and Hearings Section, who had no
previous part in the decision, will conduct the hearing. The Petitioner may be represented by a
friend, legal counsel, or another designated individual.
The Hearing Officer may not review the case record or other material either prior to or during
the hearing unless the same material is made available to the Petitioner or the Petitioner’s
representative.
The hearing will be conducted in an informal, but orderly manner. The Hearing Officer will
explain the hearing procedure to the Petitioner. The Family Support Unit Representative will
read the Administrative Hearing Statement and will present the Division’s case, introducing
evidence and questioning witnesses. At the conclusion of the Division's case, the Petitioner
will have the opportunity to present his case, including presenting witnesses, advancing
arguments, offering additional evidence and questioning the Family Support Unit
Representative. Questioning will be confined to the issue at hand. At the conclusion of the
hearing, the Hearing Officer will advise the Petitioner of Petitioner’s right to a judicial review
in the event of an adverse ruling.
The decision by the Hearing Officer becomes final Department action unless successfully
appealed by the Petitioner.
9
SECTION 2 – PROVIDER INFORMATION
2.1
PROVIDER PARTICIPATION
To participate in the Child Care Assistance Program, a child care provider must meet all of the
following conditions:
•
•
•
Licensed or registered by the Division of Child Care and Early Childhood Education
Attend required provider training
Agree to comply with the regulations set out in the Child Care System Participant Agreement
(Form DHS-9800)
In addition, providers must have the following forms on file with DHS:
•
•
•
Child Care System Participant Agreement (Form DHS-9800)
Request for Taxpayer Number and Certification (Federal Form W-9)
Contract and Grant Disclosure and Certification Form (State Forms F-1 and F-2)
If a provider needs any information or forms concerning participation in the Child Care Assistance
Program, the provider may request a participant packet from the PES in their area or the Family
Support Unit in Little Rock. This packet will contain all the necessary information the provider needs
to become a voucher participant.
Persons who are ineligible to be a provider in the Child Care Assistance Program include:
•
•
Parent(s), step-parent(s), custodian(s) or legal guardian(s) of the child(ren), regardless of
whether or not they reside in the same household with the child
Any member of the household in which the child(ren) reside(s)
Separate household status will not be allowed for providers and clients who reside in the same
household. This policy is not meant to include a child care facility that employs the parent of the
child(ren) as long as the owner or director is not the parent of an otherwise eligible child.
A Child Care Family Home (CCFH) will not be paid by DHS to keep the children of a secondary
caregiver if they are not required by licensing or registration requirements to hire a secondary caregiver.
If a secondary caregiver is required, and the provider hires a recipient of the Child Care Assistance
Program to be this caregiver, the Licensing Specialist must verify the following:
•
•
•
A secondary caregiver is required.
The secondary caregiver is needed to care for other children than the client's own children.
The client's own children comprise less than fifty percent (50%) of the CCFH’s current
attendance.
DHS will not pay child care for a parent who is hired to work as a secondary caregiver in a Voluntary
Registered Home or a Relative/In-Home Child Care Provider.
10
2.2
PROVIDER EXCLUSIONS
DHS may exclude any provider from participation in DHS programs based upon non-compliance with
DHS policy. Any provider who submits falsified records or participates in any form of fraud will be
subject to exclusion. The procedure for provider exclusion is outlined in DHS Policy 1088.
2.3
PROVIDER TRAINING
Child Care Providers who wish to participate in the Child Care Assistance Program must attend an
approved voucher provider training session. DCC-ECE may, at its discretion, mandate additional
training for providers at any time, including changes in provider staff or as part of a compliance action.
2.4
CORRECTIVE ACTION
If a provider has violated any section of the Child Care System Participant Agreement (DHS-9800) or
DHS Policy, DCC-ECE may, at its discretion, impose corrective action on the provider.
2.5
STATE AND FEDERAL INCOME TAXES
Participating providers must remain current with all state and federal income tax requirements.
Providers not current in all tax payments shall be subject to exclusion from the Child Care Assistance
Program.
2.6
NOTICE TO PROVIDER UPON CERTAIN ACTIONS
Any time a case is to be closed or a service authorization end-dated, a copy of the Notice of Action
shall be sent to the child care provider. All such notices to a provider must contain the last date the
child’s day care will be paid on that particular client’s case. Notices shall be sent promptly to allow
providers maximum notice. In cases where a timely notice is not possible, an attempt shall be made to
contact the provider by other means (telephone or e-mail) to notify them of the action taken.
2.7
BILLING PROCEDURES
Billing procedures for providers are outlined in the Child Care System Participant Agreement, Form
DHS-9800. All providers are required to adhere to the guidelines of the DHS-9800.
2.8
COUNTY RATE CAPS
The Division collects market rates from licensed child care centers and child care family homes in each
county. A computer program analyzes the reported rates for each:
•
•
•
Type of service (Full-Time, Part-Time, Half-Time, Night, and Weekend)
Type of license (Infant/Toddler Center, Relative Provider, Child Care Center, Child Care
Family Home, Registered Homes)
Age-type (Infant, Toddler, Preschooler, School-age)
11
A rate cap for each county is calculated, based on the 75th percentile. Twenty-five percent (25%)
charge more than the established rate cap for that particular county and seventy-five percent (75%)
charge the rate cap or less. DHS will pay whichever is less; the provider’s rate or the rate cap. Note: If
there are less than three (3) facilities in a county that provide a certain type of care, then the contingent
county’s rates will be used to establish a rate cap.
Providers may submit rate changes to DHS at any time. However, rate changes will only affect
authorizations keyed after the change is submitted. A current authorization will not be re-keyed to
accommodate a rate change.
2.9
PARENT FEES
After determining gross monthly household income and household size, a fee will be assessed in
accordance with state guidelines utilizing the current Client Fee Chart. When a fee is charged, the
casehead must be notified in writing, via a Notice of Action (Form DCC-531), of the percentage
amount he/she will be required to pay. Questions regarding the dollar amount of fees should be
directed to the provider who can let the parent view the worksheet. Clients must be advised at the time
of application or approval that fees to the provider must be kept current. Fees will not exceed the
County Rate Cap for the county in which the facility is located. The household will pay a percentage of
the child care facility’s charges or a percentage of the County Rate Cap whichever is less. This fee is
based on the size of the household and the monthly gross income of the household.
Under no circumstances will the parent be required to pay the difference between the County Rate Cap
and the rate that the child care provider charges, if the provider’s charges exceed the County Rate Cap.
The only exception is providers that have achieved State Quality Approval/Accreditation. Providers
meeting State Quality Approval/Accreditation have the option of charging the parent the difference
between the County Cap Rate and the established rate the provider charges. .
2.10
FEE COLLECTION
Any fees owed shall be collected and retained by the child care provider. DHS is not responsible for
the collection of any fees.
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SECTION 3 – CHILD CARE ASSISTANCE
3.1
ELIGIBILITY FACTORS
A family’s eligibility unit is made up of one (1) or more adults and children related by blood or
law, and residing in the same house when at least one of the adults has physical custody of the
child(ren) for whom application is made. In households where adults other then spouses or
parents of the child reside together, each may be considered a separate eligibility unit.
A child’s parent(s)/legal guardian (s) must each be either:
• Working at least thirty (30) hours per week;
• A full-time student;
• Twelve (12) credit hours is considered full time (for condensed summer sessions, nine (9)
credit hours is considered full time)
• Combining work and school to equal thirty (30) hours per week. (see section 3.2.4)
US Citizenship is not required by the parent.
In a two-parent household, both parents must meet one of these requirements.
The need for child care must meet minimum work and participation requirements based on
family size, composition, and circumstance.
3.1.1
Citizenship
The child(ren) for whom application is made must meet one of these citizenship requirements:
Proof of citizenship will only be requested if an individual’s U.S. citizenship is
questionable.
A United States citizen is:
•
•
•
A person (other than the child of a foreign diplomat) born in the United States of
America or in the District of Columbia, Puerto Rico, Guam, the U.S. Virgin
Islands, or the Northern Mariana Islands who has not renounced or otherwise lost
his or her citizenship.
A person born outside of the United States to at least one U.S. citizen parent.
(These individuals are sometimes referred to as "derivative citizens.")
A naturalized U.S. citizen.
Individuals who claim to be naturalized citizens must have completed all the
requirements for citizenship, including the swearing in, and must have verification of
their status as a naturalized citizen before they can participate in the Food Stamp Program
as a citizen. (They may participate as a non-citizen if they meet those requirements.)
13
A United States non-citizen national is:
•
•
A person born in American Samoa or Swain’s Island on or after the date the U.S.
acquired the possession of either territory.
A person whose parents are U.S. non-citizen nationals.
U.S. non-citizen nationals are treated as U.S. citizens.
The Program Eligibility Specialist must accept participation in another program as
acceptable verification if verification of citizenship or non-citizen national status was
obtained for that program. For other household members whose citizenship is
questionable, the worker may accept any of the following documents as proof of
citizenship:
•
•
•
•
•
•
•
•
•
•
Birth certificate showing birth in one of the 50 states, the District of Columbia,
Puerto Rico, Guam, the U.S. Virgin Islands, American Samoa, Swain’s Island or
the Northern Marianna Islands.
United State passport except for limited passports which are issued for periods of
less than five years.
Report of birth abroad of a U.S. citizen issued by the Department of State.
Certificate of birth by a foreign-service post.
Certificate of Naturalization.
Certificate of Citizenship issued to individuals who derive their citizenship
through a parent.
Northern Marianna Identification Card
Statement provided by a U.S. consular officer certifying that the individual is a
U.S. citizen.
American Indian Card with a classification code "KIC"
Adoption Finalization Papers that show the child’s name and place of birth in the
United States or one of its territories.
If none of these documents is available, the alien may provide secondary evidence such
as religious records, school records, or census records that indicate birth in the United
States.
If the household cannot obtain any of the forms listed above to verify citizenship and the
household can provide a reasonable explanation as to why verification is not available,
the worker will accept a signed statement, under penalty of perjury, from a third party
indicating a personal knowledge that the member in question is a U.S. citizen or noncitizen national. The signed statement must contain a warning of the penalties for helping
someone commit fraud. In the absence of verification or third party attestation of U.S.
citizenship or non-citizen national status, the household member whose citizenship status
is in question will be treated as a ineligible alien (see [FSC 1621.6]) until the issue is
resolved.
14
All household members, citizens and non-citizens, will be counted in the eligibility unit and
must meet all eligibility criteria. If there is not a child in the household for whom services are
requested, that is a citizen or a lawful permanent resident, the application will be denied.
3.1.2
Residence
Families applying for child care assistance must presently reside and continue to reside in the
State of Arkansas. No specific duration of residence is required prior to application. For
application purposes, residence is not affected by a temporary absence from the state.
All families must be able to furnish the PES with a mailing address in the State of Arkansas
where all correspondence can be received. If residency is questionable, the PES shall allow the
family the opportunity to verify residency.
3.1.3
Need for Service
The Program Eligibility Specialist must establish the need for child care services. This state
agency requirement with certain federally funded mandated elements is to ensure that funds are
expended only for services which are needed to alleviate some problem or condition.
The PES is expected to approve child care assistance (as funds permit) when the casehead and
other adult household members are moving toward less dependence on welfare programs.
Service need must be directed toward meeting at least one of the following federally mandated
goals:
A. SELF-SUFFICIENCY - achieving or maintaining self-sufficiency, including reduction
or prevention of dependency;
B. PREVENTION OF CHILD MALTREATMENT - preventing or remedying
maltreatment of children. This may include preserving, rehabilitating, and/or reuniting
families.
C. PREVENTION OF UNNECESSARY INSTITUTIONALIZATION - preventing or
reducing inappropriate institutional care by providing community-based care, homebased care or other forms of less intensive care.
Except for protective services or foster care situations, child care assistance shall be provided
only to families who voluntarily request the service. For protective services or foster care child
care, a Request for Child Care Assistance Protective Services/Foster Care is made by the
assigned DCFS worker. The PES will refer clients/providers to DCFS if the child is receiving
protective services or foster care services.
3.1.4
Eligible Child/ Level of Care
To be eligible, the casehead must have physical custody of a child under the age of thirteen (13)
years. A child under the age of nineteen (19) who is physically or mentally unable to care for
himself may be eligible for Special Needs child care services if the disability is verified by a
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physician or a licensed/certified psychologist and in the full-time physical custody of the
casehead.
The definitions of Special Needs Levels are as follows:
•
•
•
Level 1 = No additional staff is needed
Level 2 = Additional staff is needed temporarily
Level 3 = Full time 1:1 additional staff is needed.
In order for a child to be eligible for assistance, the PES must validate the child’s date of birth.
Acceptable documentation includes:
• A valid birth certificate
• School records
• Medical records
• Verification from another agency division,
• Any official document that confirms the child’s date of birth.
Copies of all documentation must be maintained in the case record. If documentation is
questionable, the PES shall consult with the Area Supervisor. Waivers to this policy will be
made on a case by case basis by the Area Supervisor or Unit Administrator.
3.1.5
Social Security Number
While not required for eligibility, DCC-ECE will attempt to verify a valid Social Security
Number (SSN) for every household member for identification purposes.
3.1.6
Employment
Each parent or legal guardian of a child requiring services living in the applicant household
must be employed a minimum average of thirty (30) hours per week OR attending school or
training program full-time. (See Section 3.2 for student requirements.) (See Section 3.3 for
exact income requirements.)
3.1.7
Job Search
Child care services may be approved for forty-five (45) calendar days to allow
applicants/recipients to actively seek employment. Forty-five (45) calendar days of child care
services may be authorized for job search unless the casehead has exceeded the sixty (60)
month lifetime limit. A one time extension of fifteen (15) calendar days may be granted if
needed to secure employment. A hand written statement listing job contacts or documentation
of the job search must be provided in order to receive an additional fifteen (15) calendar days of
child care services. A casehead may only receive forty-five (45) days of job search child care
one time in a calendar year.
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The following applicants/recipients may receive job search child care:
•
•
•
•
3.2
Applicant job search
Recipient job search if laid off from employment or work hours have been reduced.
The PES shall process the change of income in KIDCare and re-determine co-payment
amount.
Completion of Educational program which includes High School, Higher Education,
G.E.D. and Training Programs.
Student on Academic Probation
STUDENTS
3.2.1
Classifications
Anyone who is enrolled in one of the following programs may be classified as a student:
•
•
•
•
3.2.2
High School: A person presenting documentation of full-time enrollment in high
school shall be eligible for assistance.
Higher Education: Students enrolled in institutions of higher learning (post-secondary
education) must be considered a full time student with a minimum of twelve (12)
semester hours or nine (9) quarter hours to receive childcare assistance. If a student is
attending an institution’s summer school program, the student must be enrolled in at
least six (6) semester hours or nine (9) quarter hours per summer term. The only other
exception to the credit hour requirement for college students would be the student who
is pursuing a degree that requires a clinical or practicum, which involves long hours, or
rotating shifts that would hinder the parent from obtaining employment or taking other
classes.
G.E.D: A casehead who is enrolled in GED classes must show verification of full-time
enrollment, the start and end times, days of the week, and the start and end dates of the
classes.
Training Programs: A client must demonstrate full-time enrollment at a work training
program. Examples include Vocational Schools, Literacy Councils, Certified Nursing
Assistant, Sheltered Work Shops, Day Treatment Centers, Cosmetology Schools,
Career Training Centers, Work Force Training Centers and treatment for Mental Health
or Substance Abuse.
Grade Requirements
Students must maintain a “C” or 2.0 grade point average. The PES shall check term grade point
averages at the end of each term. One or both summer sessions will count as one term.
If an applicant is already attending post secondary school at the time of application, grades will
not be checked until completion of the first full term that child care services were received.
However, the PES will verify, through the grade report, that all classes needed for eligibility
were completed. For example, an applicant is approved for child care in November. His/her
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grades will be checked for semester hours ONLY in January and then checked for actual grades
at the end of the spring semester.
Students attending schools or training programs that do not give grades shall furnish proof of
satisfactory progress in their coursework at each re-evaluation. This also includes having a
satisfactory attendance record.
3.2.3
Academic Probation and Disqualification
If a “C” or 2.0 grade point average is not maintained, the student will be placed on probation
for one term. If the grade point average is still below “C” or 2.0 grade point average at the end
of the probationary term, the case will be closed, unless the student obtains employment of at
least 30 hours a week within thirty (30) days. Once a case is closed due to low grades, child
care will not be paid for school attendance for one (1) school term from the end of the term in
which a “C” average was not maintained. The PES will notify the student of an academic
disqualification via a Notice of Action.
3.2.4
Working Students
A student who is not taking a minimum number of hours to qualify as a full-time student may
still qualify for assistance by working a minimum number of hours. To determine the number
of hours a part-time student must work, take the number of semester hours the student is taking
and multiply by two (2). Then subtract the number from thirty (30). This will give you the
number of hours the student must be working to receive assistance.
Example: A student is taking nine (9) credit hours. 9 x 2 = 18 and 30 - 18 = 12. Therefore, this
student must be working twelve (12) hours per week to qualify for assistance.
If a student is attending an institution that uses a quarter system, the number of quarter hours
should be multiplied by three (3) and subtracted from thirty (30) to obtain the number of
working hours required.
Students attending summer school will be considered full-time and eligible for child care
assistance if they carry six (6) or more hours per summer session. If a student is taking less than
six (6) hours, the student must work a minimum of twenty (20) hours per week to qualify for
childcare assistance.
If a full-time student is working thirty (30) hours or more a week then the household will be
certified as employed, and verification of enrollment shall not be required. If the student needs
additional child care services for school attendance then the PES shall ask for documentation of
school enrollment.
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3.2.5
Restrictions on Student Status
Full-time students shall be eligible for care during all school breaks, except summer if the
student is not attending school. Holidays will be paid for if the child is normally scheduled to
attend on that day.
After it has been determined that the student is eligible for assistance the student will be
certified from the date all required information was received, or the beginning of the semester
and continue until the date the semester ends.
If a client does not attend school or work full-time during the summer, the case shall be placed
on inactive status, and all aspects of eligibility will be re-verified at the end of summer break.
3.3
SPECIAL CIRCUMSTANCES
3.3.1
Emancipated Minors
An individual under the age of eighteen shall be considered emancipated and allowed to apply
and sign the Child Care Services Application if one of the following conditions exists:
•
•
•
The individual is legally emancipated by court order
The individual is currently or previously married
The individual is living outside the home of a custodial adult with no indication that
his/her parent or custodians regard themselves as being responsible for his/her care and
control. The emancipated individual declares that he/she has no intention of returning
to the home of the custodian/parent.
Reasons for considering a minor emancipated must be documented in the case record.
3.3.2
Relatives with Custody
If a relative other than a parent is applying for child care assistance on behalf of a child of
whom they have physical custody, the relative must meet the same eligibility requirements as a
parent. However, in the calculation of household income, the amount of any TEA assistance
received for the child will be disregarded. Relatives must produce a sworn statement or court
order specifying their guardianship of the child. In cases where a child is in danger of potential
harm, being placed in foster care or an institution, income and work requirements for a relative
may be waived on a case by case basis by the Area Supervisor.
Grandparents may receive a one time waiver for six (6) months of child care assistance at no
fee. After the first six (6) months the Grandparents must meet the same eligibility requirements
as a parent or legal guardian. Any extensions to the initial waiver must be approved by the Unit
Administrator.
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3.3.3
Disabled Household Adult
If a household adult is unemployed due to a disability, the Program Eligibility Specialist will
require a written statement from the attending physician attesting to the nature and length of the
disability and the inability to care for the child(ren).
3.3.4
Active Military Duty
If a child is in the full-time physical custody of someone other than the parent or guardian due
to the parent or guardian being activated for military duty, the adult with power of attorney over
the child will serve as an Authorized Representative for the household. (The parent/guardian
will still serve as the casehead.) A copy of a Power of Attorney signed by the parent/guardian
for the child must be a part of the case record. All income of the child’s caretaker shall be
disregarded.
3.3.5
Medical Absence or Incapacity
Families shall remain eligible for Child Care Assistance when a parent who normally meets
school/work requirements or normally care for the child while the other parent works or attends
school is unable to do so because the parent is:
•
•
•
Hospitalized;
Being treated for a physical or mental illness as an outpatient; or
Present in the home but unable to care for the child due to medical incapacity.
The intent of this policy is to provide a continuity of care for the child under the following
conditions:
•
•
•
To allow one parent in a two-parent household to continue to work or pursue training
while the other parent is temporarily incapacitated.
To provide child care for a single parent who is temporarily incapacitated.
To allow one parent in a two-parent household to continue to work or pursue training
when the other parent has a long-term medical condition that prevents them from
working, attend training or providing care for the children.
If a parent is temporarily incapacitated, that parent is expected to return to employment or
training, or to resume caring for their child once the medical issue is resolved.
To approve care during this time, the PES shall obtain documentation from the parent’s
medical provider and place it in the case file. Care during this time shall be limited to a
maximum of thirty (30) days, unless the physician indicates a specific period of time that child
care will be needed. After the authorized period of care expires, additional child care may be
approved if the family provides new documentation from their physician to verify continued
need.
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Parents requiring child care during maternity leave shall be eligible for up to six (6) weeks of
benefits during that time. The PES shall place documentation of maternity leave in the case
record.
3.3.6
Joint Custody
When parents have separate households but share custody of their child, either voluntarily or
through a court order, the PES shall consider each parent’s eligibility separately, as well as his
or her income. If both parents qualify for benefits, each parent shall be authorized at the level
of care needed when that parent has physical custody.
3.4
INCOME
Child care benefits shall be extended to applicant families that meet the eligibility requirements of
Section 3 and whose income is at or below a percentage of the state median income scale. These
families must be working toward one of the goals listed in Section 3.1.3. Supportive Services families
must also meet the income eligibility guidelines. In determining income eligibility, a Sliding Fee Scale
will be utilized. If it is determined that the eligible family is responsible for a co-pay amount, the
provider will collect the co-pay amount directly.
3.4.1
Classification of Income
Income can be classified as earned or unearned. The family is required to report all income at
the time of application, including any income that is anticipated to be regularly received during
the certification period. All earned and unearned income of each household member is counted
unless specifically excluded in Policy 3.4.7.
Countable income from all household parents/guardians age eighteen (18) and over (or under
eighteen (18) and emancipated) shall be considered in the budget.
The following households shall be exempt from income requirements:
• Foster parents
• Parent attends high school full-time.
Only income currently available on a regular basis shall be considered. Unpredictable income
of indeterminate amounts will not be considered in the budget, such as insurance settlements or
income tax refunds. Countable income is any monetary payment received by the household on
a regular basis. This includes earned income such as:
•
•
•
•
•
•
•
Gross wages, salaries and tips
Stipends (VISTA, Delta Service Corps, AmeriCorps, OJT, etc.)
Commissions and regular cash bonuses
Armed Forces pay
Self-employment income
Piece rate wages
In-kind (see Section 3.4.2 E)
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•
Contractual income
Also included as countable income is unearned income, which includes:
•
•
•
•
•
•
•
3.4.2
SSI for casehead, not for child
Social Security payments for casehead , not for child
Unemployment
Workers’ Compensation
Alimony
Pensions and annuities
Contributions
Monthly Gross Earned Income
The monthly gross income includes total money earnings received for work performed as an
employee. It is the total gross amount earned before deductions are made for taxes, bonds,
pensions, union dues, insurance, and similar purposes. The following types of total gross
income earned will be considered in the budget:
A. Wages and salaries from employment: Total gross earned. If employed full-time,
adults in the household must demonstrate earnings equivalent to at least 30 hours per
week in order for the household to be eligible for child care assistance.
B. Tips
C. On-The-Job Training (OJT) wages: Wages paid for on-the-job training and/or
upgrading employability skills will be counted in the household’s budget.
D. Stipends: (AmeriCorps, VISTA, Delta Service Corps, etc.) includes monies earned or
paid in exchange for volunteer services and are counted as earned income.
E. In-Kind benefits: In-kind benefits are when a product or service is furnished to an
employee in lieu of wages. In-kind benefits include, but are not limited to providing
housing or making a car payment in exchange for a person working.
F. Contractual income: Employees who work under a contract agreement will have
their income prorated over a twelve (12) month period or the period of time the contract
is designed to cover. A contractual arrangement exists when the employee and the
employer have a written agreement that stipulates the annual or the monthly salary.
Examples of contractual employees are school teachers and teachers’ aides.
G. Piece work basis: Individuals who are paid on an hourly or piece work basis will not
have their income prorated over a twelve (12) month period, even though there may be
a written agreement regarding the particulars of their employment.
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The following are the only acceptable forms of verification of gross earned income:
•
•
•
•
Copies of consecutive check stubs needed:
o if paid weekly - four (4)
o if paid bi-weekly (every two weeks) - two (2)
o if paid semi-monthly (twice per month) - two (2)
o if paid monthly - one (1)
A completed Form DCO-97 (Verification of Earnings)
A copy of the current contract agreement between employee and employer (contractual
income)
A verification letter from the employer
If the family has an open TEA or Food Stamp case, the PES has the option of using income
information available from the ANSWER system (unless is it over 30 days old) or re-verifying
income information.
A prospective budget will be utilized to anticipate the household’s income for the certification
period. The PES will consider income that has already been received and any regular income
that can be reasonably anticipated to be received by the household during the certification
period.
In order to compute monthly income, total the gross wages submitted by the client and average
these wages. Multiply this average by:
•
•
•
•
4.334 if wages are paid weekly
2.167 if wages are paid bi-weekly (every two weeks)
if wages are paid semi-monthly (twice per month)
if wages are paid monthly
If the earnings fluctuate, the PES shall determine, by averaging or other means, an amount that
fairly reflects the income currently available to the household on a monthly basis. A copy of
the documentation used as earnings verification will be retained in the case record.
3.4.3
Income Deduction
Each adult household member who is employed at least thirty (30) hours per week will have a
$100.00 work related deduction made from his/her gross income to account for withholding
and other mandatory work-related expenses.
3.4.4
Self-Employment Income
Self-employment income is earned income received directly from one’s own business, trade, or
profession, instead of receiving a specified wage from an employer.
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The most current year’s income tax forms (IRS Form 1040 and Schedule C) shall be used to
project income from self-employment unless the household can reasonably demonstrate that it
is not an accurate indicator of current income. Net income from self-employment will be
computed utilizing one of the following methods:
A. If the household member has been involved in the self-employment enterprise less than
one (1) year, the family member’s own records or the records of his bookkeeper will be
utilized to determine gross receipts and allowable expenses. The Program Eligibility
Specialist will determine, based on information provided by the casehead, the number
of months that will be utilized to determine a true picture of the current situation. The
nature of the business will be a factor in determining how many months’ records to
average. If the business has been in operation for such a short period of time that a
reasonable projection of income cannot be made, the case will be certified for a brief
period of time until the business has been in operation long enough to gain a more
accurate projection.
B. If the household member has been involved in the self employment enterprise more
than one (1) year, one of the following methods to determine the household income
will be utilized:
1. Self employment, which is received in a short period of time, but represents
the individual’s annual income will be averaged over the 12 month period.
2. Self employment income which is intended to represent the household’s
income for only a portion of the year will be averaged over the period of time the
income is intended to cover.
3. If the self employment income has increased or decreased substantially, the
household’s current self employment records will be averaged to project the
household’s income.
3.4.5
Unearned Income
The monthly amount of any unearned income not disregarded must be calculated and counted
in the family’s budget. Verification shall be documented in the case narrative. The formula
explained in Section 3.4.2 will be utilized to average any unearned income received more often
than monthly.
A. Social Security: Social Security benefits are paid upon retirement, disability, or death
of a covered wage earner. Retirement benefits are payable for some individuals
beginning at age 62; disability benefits are payable at any age. A wife or widow is
eligible at any age if there are minor children of the wage earner living in the home. An
individual may receive a child’s benefit at any age if incapacitated prior to the age of
21. All unmarried minor children of a wage earner are covered, even though the wage
earner and the mother of the children were later separated or divorced. Illegitimate
children may be covered if it can be established that the wage earner is the parent.
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Social Security pensions, survivor’s benefits, permanent disability insurance payments
made by the Social Security Administration (prior to deductions for medical
insurance), Civil Service retirement payments, and railroad retirement insurance checks
from the U.S. Government will be counted as income. Social Security benefits received
by a child(ren) are excluded from the budget.
B. Income from dividends, estates, trusts, and royalties: Stock dividends or
membership in associations, periodic receipts from estates or trust funds, and net
royalties will be included in the budget.
C. Public assistance payments: Public assistance payments such as Transitional
Employment Assistance (TEA), Supplemental Security Income (SSI), State
Supplemental Payments and general assistance are counted as income in the budget.
Even though the primary client may not be a recipient of this type of assistance, if any
member of the family unit receives public assistance, then the payment must be
considered as income to the entire household unit for the purpose of determining
eligibility.
Exceptions:
1. When the child is the recipient of SSI, it is not counted in the budget.
2. When a relative is applying on behalf of a child of whom they have full-time
custody, the amount of TEA assistance received will be disregarded.
D. Pensions and annuities: Pensions or retirement benefits will be included in the
budget. This includes benefits paid to survivors from a former employer or by a union,
either directly or through an insurance company, and periodic receipts from annuities or
insurance.
E. Unemployment Compensation:
Compensation received from government
unemployment insurance agencies or private companies during periods of
unemployment and any strike benefits received from union funds are counted as
income. Also counted as income are contractual severance payments paid through
NAFTA when a worker has been displaced by the employer moving the operation to
Mexico or Puerto Rico.
F. Worker’s Compensation: Worker’s compensation is received periodically from
private insurance companies for injuries incurred at the workplace. The cost of this
insurance is paid by the employer and not by the individual. This will be included in
the budget.
G. Alimony: Alimony will be calculated by determining an average based on the
previous three (3) months receipts of alimony payments. This may be verified by a
copy of the court order or by the agent through which the alimony is paid. If alimony is
paid sporadically, verification of additional months may be requested to obtain an
accurate average.
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H. Veteran’s pension: A veteran’s pension is money paid periodically by the Veteran’s
Administration to disabled or retired members of the Armed Forces or to their
survivors. This includes subsistence allowances paid to veterans for on-the-jobtraining, as well as so-called “refunds” paid to ex-servicemen as GI insurance
premiums. Also included are “incentive” benefits promised to recruits upon enlistment
and cashed out at a later date.
I. Railroad Retirement Benefits: Benefits paid to individuals and spouses covered
under the Railroad Retirement Act. An individual may receive both Railroad
Retirement and Social Security, if covered under both programs, and the wife of a
Railroad Retirement beneficiary may receive a wife’s benefit while drawing Social
Security.
J. Civil Service Retirement Benefits: Civil Service Retirement Benefits are paid to
retirees from federal government service under the Civil Service Act and their spouses.
An individual may receive both Civil Service Retirement and Social Security. A
widow of the Civil Service retiree may receive a wife’s benefit while drawing Social
Security.
K. Contributions
3.4.6
Exclusions from Countable Monthly Gross Income
The following are to be excluded from the budget in computing monthly gross income:
A. Tax refunds, including Earned Income Credits, regardless of whether the client elects to
receive the EIC in a lump sum or along with their regular paycheck;
B. Non recurring lump-sum payments, i.e. Christmas bonuses, insurance settlements;
C. Capital gains;
D. Earnings of a child under 18 years of age;
E. Loans, grants, scholarships, and work study earnings. Earnings for graduate and
doctoral assistance educational programs regardless of the source;
F. Income received for educational purposes from the Montgomery GI Bill or the
Veterans Educational Assistance Program. Verification may be obtained through the
school where the casehead is enrolled and attending;
G. Irregular income;
H. Reimbursements for work-related expenses;
I. Child Support Payments of any kind;
26
J. Social Security Benefits received by a child(ren);
K. SSI payments received by a /child(ren) (see Section 3.4.1);
L. Foster Care board payment(s);
M. Adoption subsidy payment(s);
N. The value of HUD rental assistance and utility assistance.
The amount of any currently available income not specifically excluded under one of the above
provisions must be determined and considered. The Program Eligibility Specialist shall require
routine verification of income for all clients. Contact with collaterals and/or employers may be
necessary in determining eligibility. Prudent casework may make further investigation
necessary when a client’s statements are unclear, incomplete or contradictory or when the
worker has reasonable grounds to believe that the statements made by the client are incorrect or
incomplete.
SECTION 4 – APPLICATION PROCESS
An application for assistance can be made to the Family Support Unit by completing and submitting an
Application for Child Care Assistance (DCC-513) that is signed by the applicant, the guardian or the
custodian.
For purposes of consideration, the date of application will be the date a completed and signed
application is received in the DHS County Office or the Family Support Unit at Central Office. If a
Program Eligibility Specialist is working at an off-site location and the applicant turns in an application,
that date will be considered the date of application.
Incomplete applications will be returned to the applicant for completion. The date of application will
be the first date a fully completed application is received.
If
