Section 7 AAC 41.050 - Insufficient appropriations(a) If the department determines that available appropriations are insufficient to provide full program benefits for participating families or to add new eligible families, the department may take one or more of the following actions: (1) terminate, or require a designee to terminate, program benefits for one or more participating families;(2) limit the activities eligible for a program benefit under 7 AAC 41.310(b)(2) - (5);(3) establish a wait list under (d) of this section;(4) reduce, or require a designee to reduce, program benefits for all participating families, by a percentage that is based on any shortfall in available appropriations.(b) In complying with (a)(1) of this section, the highest priority for retention in the child care assistance program will be given to a participating family lowest on the department's Family Income and Contribution Schedule,adopted by reference in 7 AAC 41.335, prioritize by lowest income by family size within each of the two categories described in (d)(1) and (2) of this section.(c) If a designee develops a plan as an alternative to (a) and (b) of this section, the designee may submit that plan to the department for approval. If the department approves the plan, the approval constitutes a waiver of the requirements of (a) and (b) of this section for affected participants for the duration of the approved plan.(d) Subject to (f) of this section, if the department establishes a wait list under (a)(3) of this section, the wait list must prioritize eligible families for participation in the program, as follows: (1) the highest priority is given to participating or applying families in which a single parent is, or both parents are (B) attending school, if the department has paid child care assistance for full-time student status for less than five years;(2) the next priority is given to families in which a parent is (A) searching for work and is in a participating family; or(B) attending school, if the department has paid child care assistance for full-time student status for five years or more, and the parent is in a participating or applying family.(e) A parent is attending school if the parent is participating in an educational or training program. An educational program is a structured learning environment in which an instructor or teacher leads students through a course of study that includes specific learning objectives, goals, and standards, and leads to a certificate of mastery or completion, a state license, a diploma, or a degree. A training program is a structured learning environment,,, for participants to gain or enhance job skills, that has specific learning objectives, identified skills to be mastered, a beginning date, and an ending date.(f) Within each of the categories set out in (d) of this section, families will be prioritized by the lowest percentage of state median income for family size, calculated under 7 AAC 41.325, using the department's Family Income and Contribution Schedule,adopted by reference in 7 AAC 41.335. If all other priorities are equal, families will be prioritized by date of program application, with the longest standing application receiving highest priority.(g) A family that includes one or more of the following individuals will not be placed on a wait list, but will immediately receive benefits upon a determination of eligibility: (1) a new child of a participating family;(2) a child with special needs who is determined to be eligible under 7 AAC 41.025(e); benefits will be limited to the specific child with special needs;(3) a child with parents who are younger than 20 years of age and who are enrolled in a high school completion program;(4) a child of a family that has left a temporary assistance program within the last 12 months because of employment.(5) a child in protective services;(6) a child in a family who is homeless.(h) If the department establishes a wait list under (a)(3) of this section, a designee shall add eligible families to the list in accordance with (f) and (g) of this section. On the date the department notifies designees statewide that the wait list is to be processed, each designee shall begin to process, and the department will close, the wait list. Designees shall place families determined to be eligible for participation in the program on or after that date on a secondary list. The department may add families placed on the secondary list within the past 12 months to the wait list in accordance with (f) and (g) of this section.(i) When a wait list is processed, the department will or the designee shall determine whether a family continues to meet all program eligibility requirements, and whether the family's placement on the wait list is correct with regard to current family income.Eff. 6/23/2006, Register 178; am 1/5/2017, Register 221, April 2017Authority:AS 47.25.001
AS 47.25.031