Subpart 1.Applicant requirements and standards.All applicants for child care assistance and all child care assistance program participants must meet the standards and requirements in this part in addition to the eligibility requirements in part 3400.0060, 3400.0080, or 3400.0090 for the child care program for which the person is applying or in which the person is participating.
Subp. 2. [Repealed, 26 SR 253]Subp. 3.Verification requirements at application.A. In addition to the requirements in Minnesota Statutes, section 119B.025, subdivision 1, an applicant for child care assistance must provide verification to a CCAP agency of: (1) the citizenship or immigration status of children in the applicant's family according to item D;(2) the dates of birth of all children in the family;(3) the date of birth of the applicant if the applicant is under 21 years of age;(4) the income, if counted under Minnesota Statutes, chapter 256P, of each member of the applicant's family, including each member who is temporarily absent from the applicant's household;(5) the identity and place of residence of each member of the applicant's family, including each member who is temporarily absent from the household ;(6) the work, education, and training activity status of each parentally responsible individual; and(7) the family's assets, if the family's total assets exceed $1,000,000.B. At the time of application for child care assistance, a family may verify:(1) the income deductions allowed under part 3400.0170. A CCAP agency must process an application without income deductions if a family has not verified income deductions by the end of the application processing period in Minnesota Statutes, section 119B.025, subdivision 1;(2) the school status of students six years of age and older with earned income. If a family has not verified a student's school status by the end of the application processing period in Minnesota Statutes, section 119B.025, subdivision 1, a CCAP agency must count the student's earned income under Minnesota Statutes, section 256P.06, subdivision 3, clause (1); and(3) the Social Security number of all applicants as required by Minnesota Statutes, section 119B.025, subdivision 2.C. For a CCAP agency to authorize care of children at the time of application, an eligible family must:(1) verify the work, education, and training schedule of each parentally responsible individual; and(2) provide the school schedule of each child who needs child care and attends school.D. An applicant must have at least one child who meets the citizenship or immigration status requirement in the Federal Child Care and Development Fund, Code of Federal Regulations, title 45, section 98.20(c), or who is receiving child care in a setting subject to public education standards. For a CCAP agency to authorize care of a child, a family must verify the child's citizenship or immigration status unless a setting subject to public education standards is providing care for the child.E. A CCAP agency must determine an applicant's eligibility for child care assistance within the time frames in Minnesota Statutes, section 119B.025, subdivision 1.Subp. 4.Participant reporting responsibilities.A. In addition to the reporting requirements in Minnesota Statutes, sections 119B.03, subdivision 9, and 256P.07, subdivisions 3 and 6, a family must report the following information to a CCAP agency within ten calendar days: (1) the family's assets when the assets are listed under subpart 5b and are over $1,000,000 in total;(2) the parentally responsible individual begins providing child care to children; or(3) the parentally responsible individual begins working in a child care setting.B. In addition to the reporting requirements in item A, a schedule reporter must report the following changes to a CCAP agency within ten calendar days of the change: (1) a change in employment, education, or training status, including starting an authorized activity, ending an authorized activity, or temporary breaks in an authorized activity;(2) changes in an employment schedule or education schedule; and(3) changes in the number of hours of job search participation.C. A family must notify a CCAP agency and the family's child care provider of the family's intent to change child care providers at least 15 calendar days in advance of the date when the change takes effect. A family is not required to notify a CCAP agency and the child care provider 15 calendar days in advance of the date when the change takes effect under one of the following conditions: (1) when a child care provider is licensed by the state of Minnesota and the child care provider's license is temporarily immediately suspended under Minnesota Statutes, section 245A.07;(2) when there is an imminent risk of harm to the health, safety, or rights of a child in the care of the child care provider and the child care provider is a legal nonlicensed child care provider, Certified license-exempt child care center, or child care provider licensed by an entity other than the state of Minnesota;(3) when a CCAP agency or the commissioner has suspended the child care provider's payment under Minnesota Statutes, chapter 245E; or(4) when a CCAP agency or the commissioner has denied or revoked the child care provider's registration under Minnesota Statutes, section 119B.13, subdivision 6, paragraph (d), clause (1) or (2).D. A participant may report a change to the CCAP agency in person, by telephone, by facsimile, by mail, electronically, by e-mail, or on a change reporting form.Subp. 4a.Verification requirements during 12-month eligibility period.A. A CCAP agency must request Verification of a change when a 12-month reporter or a schedule reporter reports any of the following changes during the 12-month eligibility period:(1) a change in income that results in income exceeding 85 percent of the state median income;(2) a new authorized activity at the end of a job search, unless the job search is an authorized activity in an employment plan; or(3) a move out of the state. A CCAP agency must allow a 12-month reporter or schedule reporter 15 calendar days to return a Verification to the CCAP agency. If a Verification demonstrates that the 12-month reporter or schedule reporter is no longer eligible for child care assistance or if the 12-month reporter or schedule reporter does not return a Verification to the CCAP agency after 15 days, the CCAP agency must terminate the 12-month reporter's or schedule reporter's eligibility with a 15-day adverse action notice.
B. The CCAP agency must request Verification of a change when a 12-month reporter reports any of the following changes during the 12-month eligibility period: (1) the permanent end of an authorized activity;(2) new employment if the parentally responsible individual is employed by a child care center licensed by Minnesota; or(3) authorized activity changes if the family is requesting authorization for more hours of child care. A CCAP agency must allow a 12-month reporter 15 calendar days to return a Verification to the CCAP agency. If the CCAP agency does not receive Verification of the permanent end of an authorized activity and the 12-month reporter has no other authorized activity, a CCAP agency must place the 12-month reporter in extended eligibility according to part 3400.0175 on the date that the CCAP agency becomes aware of the permanent end of the authorized activity. If the CCAP agency does not receive Verification from a 12-month reporter of a parentally responsible individual's new employment at a licensed child care center within 15 days, the CCAP agency must terminate the 12-month reporter's child care authorization with a 15-day adverse action notice and suspend the 12-month reporter's eligibility until the CCAP agency receives Verification that allows the CCAP agency to authorize child care. If a CCAP agency does not receive a Verification of an authorized activity change, the CCAP agency must not increase a 12-month reporter's authorized child care hours until the CCAP agency receives Verification.
C. A CCAP agency must request Verification of a change when a schedule reporter reports any of the following changes during the 12-month eligibility period: (3) a temporary break from an authorized activity; or(4) a permanent end of an authorized activity. A CCAP agency must allow a schedule reporter 15 calendar days to return a Verification to the CCAP agency. If the CCAP agency does not receive a Verification, the CCAP agency must terminate the schedule reporter's child care authorization with a 15-day adverse action notice and suspend the schedule reporter's eligibility until the CCAP agency receives Verification that allows the CCAP agency to authorize child care. If the CCAP agency receives the Verification and the change results in a reduction in authorized child care hours, the CCAP agency must send the schedule reporter and the child care provider a 15-day adverse action notice before the reduction in authorized child care hours is effective.
D. When a family's reported and verified change results in an increase in authorized child care hours, a CCAP agency must increase the amount of the family's authorized child care.Subp. 5.Employment, education, and training requirements.In a family with a single parentally responsible individual, or unmarried legal guardian or eligible relative caregiver, the applicant or participant must meet employment, education, or training requirements and other eligibility requirements in this part and in part 3400.0060, 3400.0080, or 3400.0090 for the child care assistance program for which the family is applying or in which the family is participating.
In a family with more than one parentally responsible individual or any combination of parents, stepparents, legal guardians and spouses, and eligible relative caregivers and spouses, at least one parent, legal guardian, eligible relative caregiver, or spouse must meet employment, education, or training requirements and other eligibility requirements in this part and in part 3400.0060, 3400.0080, or 3400.0090 for the child care assistance program for which the family is applying or participating in. The other parents, legal guardians, eligible relative caregivers, or spouses must:
A. meet the employment education, or training requirements and other eligibility requirements in this part and part 3400.0060, 3400.0080, or 3400.0090 for the child care assistance program for which the family is applying or participating in; orB. be unable to care for the applicant's or participant's child or dependent as determined by a licensed physician, licensed psychologist, licensed psychiatrist, or licensed social worker The status of a parentally responsible individual who is unable to care for the child is permanent when the parentally responsible individual's condition is ongoing and unlikely to improve; or temporary when the individual's condition has an expected or defined end date.Subp. 5a.Child support cooperation.A. All applicants and participants of the child care assistance program must cooperate with child support obligations under Minnesota Statutes, section 119B.09, subdivision 1, paragraph (c).B. A family cooperating with child support at application is retroactively eligible for child care assistance within the time frames in Minnesota Statutes, section 119B.09, subdivision 7, paragraph (c).C. A CCAP agency must deny an application for child care assistance if the applicant is not cooperating with child support by the end of the application processing time frame in Minnesota Statutes, section 119B.025, subdivision 1, paragraph (b).D. A CCAP agency must terminate a family's eligibility when the family is not cooperating with child support at the time of redetermination. If a family meets the requirements in Minnesota Statutes, section 119B.025, subdivision 3, paragraph (c), clause (1), and cooperates with child support within 30 days after the date that the redetermination was due, a CCAP agency must reinstate the family's eligibility retroactively from the date that the family's eligibility ended.E. The child care portion of the child support order for children receiving child care assistance must be assigned to the public authority as provided in Minnesota Statutes, section 256.741.Subp. 5b.Assets.To be eligible for child care assistance, a family's countable assets must not exceed $1,000,000.
A. Countable assets include:(1) the value of all cash held by all members of the family;(2) the value of all bank accounts held by all members of the family;(3) the value of stocks, bonds, pensions, and retirement funds held by all members of the family that are readily accessible without a financial penalty;(4) the trade-in value of vehicles, excluding one vehicle per family member age 16 or older; and(5) the value of real property, excluding property where the family resides, real property that is homesteaded, and property that the family uses for self-employment or self-support.B. When a family declares or reports that the family's assets exceed $1,000,000, a CCAP agency must request Verification of the family's assets. A CCAP agency must allow a family 15 calendar days to return the Verification. If the Verification confirms that the value of a family's countable assets is over $1,000,000 or if a family does not return the Verification, a CCAP agency must deny the family's application or terminate the family's eligibility with a 15-day adverse action notice.Subp. 6. [Repealed, 26 SR 253]Subp. 6a.Ineligibility due to failure to pay fees under the child care fund.A. A family that fails to pay the required copayment under Minnesota Statutes, section 119B.09, subdivision 1, paragraph (d), is ineligible for child care assistance until the family pays the fees or until the family reaches an agreement for payment with the child care provider and the CCAP agency and continues to comply with the payment agreement.B. When a child care provider provides child care in a child's home and the child's family fails to pay the child care provider the amount of the child care assistance payment, the family is ineligible for child care assistance until the family makes the child care assistance payment or until the family reaches an agreement for payment with the child care provider and the CCAP agency and continues to comply with the payment agreement.Subp. 6b.Ineligibility for failure to pay overpayments.A family with an outstanding overpayment is ineligible for child care assistance until the overpayment is paid in full or until the family arranges to repay the overpayment according to part 3400.0187 and then continues to comply with the repayment agreement.
Subp. 6c.Date of eligibility for child care assistance.A CCAP agency must determine the date of a family's eligibility for child care assistance under parts 3400.0060 and 3400.0080 according to Minnesota Statutes, section 119B.09, subdivision 7. The date of eligibility for child care assistance under part 3400.0090 begins on the date that a family's MFIP or DWP case closed.
Subp. 8.Child care assistance during employment.A. In addition to meeting other eligibility requirements, an employed person who is eligible for child care assistance under part 3400.0060, 3400.0080, or 3400.0090 must work at least an average of 20 hours per week and receive at least minimum wage for all hours that the employed person works. An employed person who is eligible for child care assistance under part 3400.0080 is exempt from this requirement if the person's work is an authorized activity in an approved employment plan that allows fewer work hours or a lower wage.B. A CCAP agency and an applicant or participant must determine a length of time, not to exceed the most recent six months, over which the number of hours that an employed person works weekly is averaged and counted toward the applicant or participant meeting the average of 20 hours per week requirement.C. When a participant does not receive an hourly wage, the participant's earned income over a given period must be divided by the minimum wage to determine whether the participant has met the requirement to average at least 20 hours of work per week at minimum wage.D. A CCAP agency must authorize child care assistance during a parentally responsible individual's employment for the number of hours that the individual is scheduled to work, including break and meal time during the individual's employment, and up to two hours per day for the individual's travel time.E. An employed person must meet minimum work requirements under item A at application, redetermination, or upon completing a job search. If a parentally responsible individual's work hours decrease below 20 hours per week or if the parentally responsible individual's wage drops below minimum wage during the 12-month eligibility period, the parentally responsible individual's eligibility for child care assistance continues until redetermination.Subp. 9.Child care assistance in support of employment.A CCAP agency must authorize child care assistance in support of employment for nonwork hours to an employed person who is eligible for child care assistance under parts 3400.0060 and 3400.0090, and an employed person who is eligible for child care assistance under part 3400.0080 without an approved employment plan, when the following conditions exist:
A. the employee cannot reasonably modify the employee's nonwork schedule to provide child care; andB. the child care assistance does not exceed the amount of child care assistance that would be granted under subpart 8, item D, during employment.Subp. 10.Child care assistance during education or training. A CCAP agency must provide child care assistance to a student who is eligible for child care assistance under part 3400.0060, 3400.0080, or 3400.0090 and enrolled in a CCAP agency-approved education or training program or employment plan according to items A to E.
A. A CCAP agency must authorize child care for a student who is eligible under parts 3400.0060 and 3400.0090 as necessary for: (1) all hours of actual class time and credit hours for independent study , internships, and online courses;(2) time periods between nonconsecutive classes;(3) up to two hours per day for travel time; and(4) two hours per week per credit hour for a postsecondary student to study and attend academic appointments.B. A CCAP agency must authorize child care for a student who is eligible for child care assistance under part 3400.0080 according to an approved employment plan.C. Child care assistance for basic or remedial classes is subject to CCAP agency approval under subpart 12. Upon CCAP agency approval of a basic or remedial education program, a CCAP agency must authorize the necessary child care assistance hours that enable the student to attend classes and to complete class assignments.D. If a family who is eligible for child care assistance under part 3400.0060 or 3400.0090 had an approved education plan with a CCAP agency and the family begins receiving services from another CCAP agency, the education plan remains in effect until the family's next redetermination or until the family requests a change. When another CCAP agency redetermines the family's eligibility at redetermination, the student's education plan is subject to the CCAP agency's approval, rejection, or modification.E. A student taking a school break who is expected to return to school following the break remains eligible for child care assistance during the school break. For 12-month reporters, a CCAP agency must not reduce authorized child care hours or terminate child care authorizations during school breaks. Notwithstanding item B, for schedule reporters, a CCAP agency must: (1) not reduce authorized child care hours or terminate child care authorizations during a school break if the break is scheduled to last 15 calendar days or less;(2) suspend a family's eligibility if the family's only authorized activity is education and the school break is scheduled to last more than 15 days; and(3) reduce the number of authorized child care hours based on a family's other authorized activities if the school break is scheduled to last more than 15 days.Subp. 11.Child care assistance during employment and during education or training.A. Employed students, including students on work study programs, are eligible for child care assistance during employment and education or training. A CCAP agency must follow the standards in subparts 8 and 10 to determine the amount of child care assistance hours to authorize.B. At the time of application and redetermination, a full-time student who requests child care during the student's employment must work an average of at least ten hours per week for which the student receives minimum wage. A full-time student retains full-time status during school breaks, including summers, if the student is expected to return to school full time after the break.C. At the time of application and redetermination, a part-time student who requests child care during employment must work an average of at least 20 hours per week for which the student receives minimum wage.D. To determine whether an employed student meets the hourly minimum wage requirement in this subpart, a CCAP agency must count the student's work-study hours and income as employment.E. A student who is eligible for child care assistance under part 3400.0080 is exempt from the minimum hours per week requirement and the minimum wage requirement if the student has an approved employment plan that allows fewer work hours or a lower wage than the minimum otherwise required.Subp. 12.Acceptable course of study.An acceptable course of study for a student who is eligible for child care assistance under part 3400.0060 or 3400.0090 is an education or training program approved by the CCAP agency according to the standards in the CCAP agency's child care fund plan that will reasonably lead to full-time employment . An acceptable course of study for a student who is eligible for child care assistance under part 3400.0080 is an approved education or training program described in the MFIP participant's employment plan.
Subp. 13.Satisfactory progress in education or training program. Subject to the limitation in subpart 14, a CCAP agency must provide child care assistance to a student with an approved education or training program during the time of the student's education or training program if the student is making satisfactory progress . Satisfactory progress in the education or training program means that a student remains in good academic standing as determined by the educational institution and meets the requirements of the student's education plan under part 3400.0060 or 3400.0090, or employment plan under part 3400.0080. A CCAP agency must not terminate a student's approved education plan during the 12-month eligibility period. At redetermination, if a CCAP agency receives documentation from an educational institution demonstrating that a student is not making satisfactory progress toward completion of an education or training program, the CCAP agency must notify the student and terminate approval of the student's education plan with a 15-day adverse action notice.
Subp. 14.Maximum education or training under child care fund.The maximum length of time that a student is eligible for child care assistance under the child care fund for education or training is described in items A to E.
A. A student eligible under part 3400.0060 is eligible for child care assistance according to Minnesota Statutes, section 119B.10.B. A student eligible under part 3400.0080 is eligible for child care assistance for the length of time necessary to complete authorized activities in the student's employment plan according to the standards in Minnesota Statutes, chapter 256J.C. A student who is eligible under part 3400.0090 is eligible for child care assistance according to Minnesota Statutes, section 119B.10.D. A student who is eligible under part 3400.0060 or 3400.0090 who has completed or who has participated in but failed to complete an education or training program under the child care fund is eligible to receive child care assistance for a second education or training program if:(1) a CCAP agency approves of the new education or training program ; and(2) a CCAP agency expects that completing the program will lead to the student's full-time employment.E. A student who is eligible under part 3400.0060 or 3400.0090 with a baccalaureate degree is only eligible to receive child care assistance for education or training if the education or training is for continuing education units, certification, or coursework that is related to the baccalaureate degree or current employment and that is necessary to update credentials to obtain or retain employment.Subp. 15.Changes in education or training programs.A proposed change in an education or training program for a participant who is eligible for child care assistance under parts 3400.0060 and 3400.0090 is subject to CCAP agency approval before the participant makes the change . A CCAP agency must describe the approval policy for a participant's change to an education or training program in the CCAP agency's child care fund plan. A CCAP agency must not deny a request for a change in an education or training program when the student requesting the change demonstrates that changing a course or focus of study is necessary for reasons related to the health and safety of the student.
Subp. 15a.Child care assistance during job search.A. A CCAP agency must provide child care assistance to an applicant or participant at application and redetermination for job search activities as required by Minnesota Statutes, section 119B.10, subdivision 1, and for no more than 40 hours in a service period if the applicant or participant is:(1) eligible under part 3400.0080 and does not have an approved employment plan;(2) eligible under part 3400.0080 and has an approved employment plan that does not include a job search as an authorized activity;(3) eligible under part 3400.0090 and is seeking employment; or(4) eligible under part 3400.0060 and is seeking employment.B. For an applicant or a participant who is eligible under part 3400.0080 with an employment plan that includes a job search as an authorized activity, a CCAP agency must provide child care assistance to the applicant or participant for job search activities for the number of hours in the applicant's or participant's approved employment plan for job search activities.C. A CCAP agency must not authorize a job search in combination with any other activity for an applicant or a participant who is eligible under item A.D. Job search includes locating and contacting potential employers, preparing for interviews, interviewing, and up to two hours of travel time per day.Subp. 16. [Repealed, 26 SR 253]Subp. 17.Temporary ineligibility for participants. A CCAP agency must reserve a family's position under the child care fund if a family has been receiving child care assistance but is temporarily ineligible for assistance. A child care assistance participant who is a student may be temporarily ineligible for a maximum of one academic quarter or semester as determined by the student's academic calendar at the educational institution. Any other participant, including an employed participant, may be temporarily ineligible for a maximum of 90 days. A CCAP agency must place a family in temporary ineligibility when:
A. a family meets all eligibility requirements at redetermination in Minnesota Statutes, sections 119B.09 and 119B.10, but is on an unverified temporary break from the family's authorized activity. To end a family's temporary ineligibility, a parentally responsible individual must meet and verify the minimum authorized activity requirements in Minnesota Statutes, section 119B.10;B. a family is ineligible for child care assistance due to increased income from active military service as provided in Minnesota Statutes, section 119B.09, subdivision 4a; orC. a family is eligible under Minnesota Statutes, section 119B.025, subdivision 1, paragraph (c), but has not submitted a Verification of eligibility within the time frame required by Minnesota Statutes, section 119B.025, subdivision 1, paragraph (d).Subp. 17a.Authorization after temporary ineligibility.A. If a family in temporary ineligibility becomes eligible for child care assistance, the family's eligibility begins on the date that the family meets all eligibility requirements. For a family that is eligible for child care assistance under Minnesota Statutes, section 119B.025, subdivision 1, paragraph (c), the family's eligibility begins retroactively from the date that temporary ineligibility began, or on the date that the family began participating in an authorized activity, whichever is later
B. If a schedule reporter in temporary ineligibility becomes eligible for child care assistance, a CCAP agency must authorize child care based on the parentally responsible individual's verified activity schedule.C. If a 12-month reporter in temporary ineligibility becomes eligible for child care assistance during the 12-month eligibility period, a CCAP agency must authorize the same amount of child care that the family received before the family became temporarily ineligible, unless the family requests less child care or the family verifies that the family needs more child care. If a 12-month reporter who is temporarily ineligible becomes eligible when a CCAP agency approves the 12-month reporter's redetermination, the CCAP agency must authorize child care based on the amount of child care that the family needs and the Verification that the family provides at redetermination. If a CCAP agency determines that a 12-month reporter is temporarily ineligible at redetermination and on a different date the 12-month reporter becomes eligible, a CCAP agency must authorize child care based on the amount of child care that the 12-month reporter needed and verified at the time that the family was no longer temporarily ineligible.Subp. 17b.Temporary ineligibility of family on waiting list.A CCAP agency must reserve a family's position under the child care fund for up to 90 days if a family reaches the top of the basic sliding fee waiting list but is temporarily ineligible for child care assistance. In a CCAP agency's child care fund plan, the CCAP agency must specify whether the agency reserves positions under the child care fund longer than 90 days for temporarily ineligible families who reach the top of the basic sliding fee waiting list and, if so, the amount of additional time that the CCAP agency will reserve a family's position and the conditions under which the CCAP agency will reserve a family's position longer than 90 days.
Subp. 18.Suspension.A. A CCAP agency must suspend and not terminate a family's eligibility for child care assistance for up to one continuous year if(1) there are temporary breaks when the family does not need child care assistance ;(2) the CCAP agency is unable to authorize child care due to missing schedule Verifications; or(3) the family does not have an eligible child care provider .B. A CCAP agency must not decrease a 12-month reporter's authorized child care during the 12-month eligibility period if there is a temporary break or a change in the parentally responsible individual's employment, education and training, or employment plan activity, unless the 12-month reporter requests a reduction in authorized child care hours or requests that the CCAP agency suspend child care.C. A CCAP agency must end a schedule reporter's authorization and suspend the schedule reporter's eligibility if there is a temporary break in the schedule reporter's employment, education or training, or employment plan activity and the parentally responsible individual has no other authorized activity, unless the parentally responsible individual meets the criteria in part 3400.0110, subpart 10.Subp. 18a.Authorization after suspension.A. If a schedule reporter is no longer suspended, a CCAP agency must authorize the schedule reporter's child care based on the parentally responsible individual's verified activity schedule.B. If a 12-month reporter is no longer suspended during the 12-month eligibility period, a CCAP agency must authorize the same amount of child care that the 12-month reporter received before the 12-month reporter's suspension, unless the 12-month reporter requests less child care or the 12-month reporter verifies that the 12-month reporter needs more child care. If a 12-month reporter is no longer suspended when a CCAP agency approves the 12-month reporter's child care at redetermination, a CCAP agency must authorize the 12-month reporter's child care based on the amount of child care that the 12-month reporter needs and the Verification that the 12-month reporter provides at redetermination. If a 12-month reporter is suspended at redetermination and on another date, becomes eligible, a CCAP agency must authorize the 12-month reporter's child care based on the amount of child care that the 12-month reporter needs and that the 12-month reporter verifies at the time that the 12-month reporter becomes eligible.Minn. R. agency 196, ch. 3400, pt. 3400.0040
14 SR 519; 18 SR 1144; 26 SR 253; 33 SR 69547 SR 391, effective 2/26/2021Statutory Authority: MS s 119B.02; 119B.04; 119B.06; 256.01; 256H.01 to 256H.19