18 Miss. Code. R. 5-1-2.3

Current through December 10, 2024

Section 18-5-1-2.3 - Eligibility Criteria for Child Care

In order to be eligible for services, children must (1) be under the age of 13, or under the age of 19 if the child is physically or mentally disabled or under court supervision; (2) reside with a family whose income is less than 85 percent of the State's median income for a family of the same size; and (3) reside with a parent or parents who is working or attending job training or an educational program; or (4) be receiving or needs to receive protective services. (658P(3), § 98.20(a))

2.3.1. How does the Lead Agency define the following eligibility terms?

* residing with - living with, including taking meals and sleeping in the same house.

* in loco parentis in place of parent, for example, a guardian or a relative or friend with whom the child resides if the child's parent is unable to act as the parent or has delegated his or her authority to someone else. The term describes someone who provides care and supervision like a parent but without going through the formalities of legal adoption or guardianship.

* Yes. If yes, describe Durin g redtermination, parents are asked only to verify profile information and submit income/school enrollment verification.

2.3.2. Eligibility Criteria Based Upon Age

a) The Lead Agency serves children from six weeks to 12 years 11 mo. (may not equal or exceed age 13).

b) Does the Lead Agency allow CCDF-funded child care for children age 13 and above but below age 19 years who are physically and/or mentally incapable of self-care? (658E(c)(3)(B), 658P(3), § 98.20(a)(1)(ii))

* Yes, and the upper age is 18 years, 11 mo. (may not equal or exceed age 19) . Provide the Lead Agency definition of physical or mental incapacity a child under age 19 who meets the SSI definition of disability by having medically proven physical or mental condition(s) that cause marked and severe functional limitations expected to last at least 12 months in duration.

[] No.

c) Does the Lead Agency allow CCDF-funded child care for children age 13 and above but below age 19 years who are under court supervision? (658P(3), 658E(c)(3)(B), § 98.20(a)(1)(ii))

[] Yes, and the upper age is_______(may not equal or exceed age 19)

* No.

2.3.3. Eligibility Criteria Based Upon Work, Job Training or Educational Program

a) How does the Lead Agency define "working" for the purposes of eligibility? Provide a narrative description below, including allowable activities and if a minimum number of hours is required.

Reminder - Lead Agencies have the flexibility to include any work-related activities in its definition of working including periods of job search and travel time. (§§ 98.16(f)(3), 98.20(b))

working Performing duties to earn a wage (for a minimum of 25 hours per week) or complete educational/job training such as practicums or internships (must be enrolled full time). Out of work parents, or parents who lose their job are allowed 60 days of job search time during which they are eligible for services.

b) Does the Lead Agency provide CCDF child care assistance to parents who are attending job training or an educational program? (§§ 98.16(g)(5), 98.20(b))

* Yes. If yes, how does the Lead Agency define "attending job training or educational program" for the purposes of eligibility? Provide a narrative description below.

Reminder - Lead Agencies have the flexibility to include any training or education-related activities in its definition of job training or education, including study time and travel time.

attending job training or educational program -Full time enrollment of any applicant in an education and/or training program resulting in any degree, diploma, or certificate designed to promote job skills and employability. Full time status is determined by the educational institution.

[] No.

2.3.4. Eligibility Criteria Based Upon Receiving or Needing to Receive Protective Services

a) Does the Lead Agency provide child care to children in protective services? (§§ 98.16(f)(7), 98.20(a)(3)(ii)(A) & (B))

* Yes. If yes, how does the Lead Agency define "protective services" for the purposes of eligibility? Provide a narrative description below.

Reminder - Lead Agencies have the flexibility to define protective services beyond formal child welfare or foster care cases. Lead Agencies may elect to include homeless children and other vulnerable populations in the definition of protective services.

Note If the Lead Agency elects to provide CCDF-funded child care to children in foster care whose foster care parents are not working, or who are not in education/training activities for CCDF purposes these children are considered to be in protective services and should be included in this definition.

* protective services Services provided to families in which abuse or neglect or children has occurred and a finding of substantiated abuse or neglect has been determined. The purpose of service provision is to protect children within the context of the family from further abuse or neglect.

[] No.

b) Does the Lead Agency waive, on a case-by-case basis, the co-payment and income eligibility requirements for cases in which children receive, or need to receive, protective services? (658E(c)(3)(B), 658P(3)(C)(ii), § 98.20(a)(3)(ii)(A))

* Yes.

[] No.

2.3.5. Income Eligibility Criteria

a) How does the Lead Agency define "income" for the purposes of eligibility? Provide the Lead Agency's definition of "income" for purposes of eligibility determination. (§§ 98.16(g)(5), 98.20(b))

income funds received by all applicable individuals as described in policy which are not supplemented by any public assistance other than food stamps or medical assistance, and does not exceed 85 percent of the State Median Income (SMI).

b) Which of the following sources of income, if any, will the Lead Agency exclude or deduct from calculations of total family income for the purposes of eligibility determination? Check any income the Lead Agency chooses to exclude or deduct, if any.

* Adoption subsidies

* Foster care payments

[] Alimony received or paid

[] Child support received

[] Child support paid

* Federal nutrition programs

* Federal tax credits

* State/Territory tax credits

* Housing allotments, Low-Income Energy Assistance Program (LIHEAP) or energy assistance

[] Medical expenses or health insurance related expenses

* Military housing or other allotment/bonuses

* Scholarships, education loans, grants, income from work study

[] Social Security Income

[] Supplemental Security Income (SSI)

[] Veteran's benefits

* Unemployment Insurance

[] Temporary Assistance for Needy Families (TANF)

[] Worker Compensation

[] Other types of income not listed above______

[] None

c) Whose income will be excluded, if any, for purposes of eligibility determination? Check anyone the Lead Agency chooses to exclude, if any.

[] Children under age 18

[] Children age 18 and over - still attending school

* Teen parents

[] Unrelated members of household

* All members of household except for parents/legal guardians

* Other Any parent/guardian who is over the age of 65.

[] None

d) Provide the CCDF income eligibility limits in the table below. Complete columns (a) and (b) based upon maximum eligibility initial entry into the CCDF program. Complete Columns (c) and (d) ONLY IF the Lead Agency is using income eligibility limits lower than 85% of the SMI.

Family Size	(a)100% of State MedianIncome (SMI)($/month)	(b)85% of State MedianIncome (SMI)($/month)[Multiply (a) by 0.85]	IF APPLICABLEIncome Level if lower than85% SMI
			(c) $/month	(d)% of SMI [Divide (c) by (a), multiply by 100]
1	0
2	3745	2333
3	3431	2916
4	4020	3417
5	4706	4000

Reminder - Income limits must be provided in terms of State Median Income (SMI) (or Territory Median Income) even if federal poverty level is used in implementing the program. (§ 98.20(a)(2)). FY 2013 poverty guidelines are available at hhs.gov.

e) Will the Lead Agency have "tiered eligibility" (i.e., a separate income limit at re-determination to remain eligible for the CCDF program)?

[] Yes. If yes, provide the requested information from the table in 2.3.5d and describe______.

Note: This information can be included in a separate table, or by placing a "/" between the entry and exit levels in the above table.

* No.

f) SMI Year 2004 and SMI Source U. S. Census Bureau

g) These eligibility limits in column (c) became or will become effective on: October 2004

2.3.6. Eligibility Re-determination

a) Does the State/Territory follow OCC's 12 month re-determination recommendation? (See Program Instruction on Continuity of Care.)

* Yes

[] No. If no, what is the re-determination period in place for most families?

[] 6 months

[] 24 months

[] Other. Describe______

[] Length of eligibility varies by county or other jurisdiction. Describe___

b)Does the Lead Agency coordinate or align re-determination periods with other programs?

[] Yes. If yes, check programs that the Lead Agency aligns eligibility periods with and describe the redetermination period for each.

[] Head Start and/or Early Head Start Programs. Re-determination period______

[] Pre-kindergarten programs. Re-determination period______

[] TANF. Re-determination period______

[] SNAP. Re-determination period______

[] Medicaid. Re-determination period______

[] SCHIP. Re-determination period______

[] Other. Describe______

* No.

c) Describe under what circumstances, if any, a family's eligibility would be reviewed prior to redetermination. For example, regularly scheduled interim assessments, or a requirement for families to report changes.

Parents who are eligible because they are enrolled full time in an educational program must be redetermined eligible each semester/quarter. Clients who were referred from TANF, DFCS, and the home visiting program (HHM) are subject to eligibility based on the policies of the referring program.

d) Describe any action(s) the State/Territory would take in response to any change in a family's eligibility circumstances prior to re-determination

Parents and other clients as described in the previous response would be terminated. A two-week notice of termination is provided when children are enrolled in licensed child care programs.

e) Describe how these policies are implemented in a family-friendly manner that promotes access and continuity of care for children. (See Information Memorandum on Continuity of Care for examples).

The Lead Agency has adopted the following family-friendly policies to support continuity of care:

* 12 month eligibility period

* Any out of work parent has 60 days to engage in job search activities before losing eligibility. During that time, parent co-payments are reduced to the lowest allowable amount.

* Income is averaged over the last two check stubs to obtain an average income. Overtime pay and bonus payments are considered irregular income and are also averaged to obtain an accurate income.

* Children with court-ordered visitation are flagged in CCIS and remain eligible during visitation periods, even extended visitation periods.

* The Lead Agency pays licensed providers for 15 child absences during the program year.

f) Does the Lead Agency use a simplified process at re-determination?

[] No.

2.3.7. Waiting Lists

Describe the Lead Agency's waiting list status. Select ONE of these options.

[] Lead Agency currently does not have a waiting list and:

[] All eligible families who apply will be served under State/Territory eligibility rules

[] Not all eligible families who apply will be served under State/Territory eligibility rules

* Lead Agency has an active waiting list for:

* Any eligible family who applies when they cannot be served at the time of application

[] Only certain eligible families. Describe those families:______

[] Waiting lists are a county/local decision. Describe_______

[] Other. Describe______

2.3.8. Appeal Process for Eligibility Determinations

Describe the process for families to appeal eligibility determinations

Families who wish to have their eligibility determination reviewed, must contact the Lead Agency. Upon receipt of request for review, the Lead Agency reviews family information and responds with a final determination.

18 Miss. Code. R. 5-1-2.3