Mo. Code Regs. tit. 13 § 35-32.050

Current through Register Vol. 49, No. 21, November 1, 2024.

Section 13 CSR 35-32.050 - Definitions

PURPOSE: This regulation establishes the definitions that will be used throughout regulations 13 CSR 35-32.050 to 13 CSR 35-32.130.

(1) For the purposes of 13 CSR 35-32.050 through 13 CSR 35-32.130, the following terms shall be defined pursuant to this regulation.

(2) "Adjusted Gross Income" means the applicant's gross income less health insurance premiums paid for by household members.

(3) "Agency Error" means Child Care Subsidy incorrectly paid on behalf of a participant due to an action by the division. These actions may include, but are not limited to:

(A) Loss or misfiling of forms or documents;

(B) Data entry errors;

(C) System errors;

(D) Mathematical errors;

(E) Failure to determine eligibility correctly or in a timely manner or to certify subsidy in the correct amount when all essential information was available to the division; or

(F) Failure to make timely changes to re-determine eligibility following amendments to policies requiring the changes by a specific date.

(4) "Applicant" means a person applying to be a recipient of Child Care Subsidy.

(5) "Background check" shall include:

(A) A search of the state criminal and sex offender registries or repositories in Missouri and in the state where the child care provider, employee, or volunteer resides, and each state where such person resided during the preceding five (5) years;

(B) A search of the Family Care Safety Registry as described in sections 210.903 through 210.936, RSMo, and state-based child abuse and neglect registries and databases in the state where the child care provider, employee, or volunteer resides, and each state where such person resided during the preceding five (5) years; and

(C) A search of the National Crime Information Center, a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System, and a search of the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.).

(6) "Certificate of Registration" means the legal document issued to a child care provider by the division for a period not to exceed one (1) year which indicates the child care provider has met the minimum health and safety requirements, subject to compliance with sections 210.025 and 210.027, RSMo., 13 CSR 35-32.070, and 13 CSR 35-32.080.

(7) "Child Care Services" means child care provided to an eligible child on a regular basis either in or away from the child's residence, for less than twenty-four (24) hours per day, provided by an eligible child care provider as defined in section (16).

(8) "Child Care Provider" means a child care center, group home, or family home that provides child care services, whether known or incorporated under another title or name.

(9) "Child Care Provider Applicant" means an individual applying to be registered or contracted as a child care provider.

(10) "Child Care Subsidy" means the program that makes payment to a child care provider, or in rare circumstances reimburses the parent, by the division if the department finds a family unit eligible for child care services.

(11) "Child with Special Needs" means an eligible child who is under the age of eighteen (18), or under age nineteen (19) and still in school, who meets one (1) or more of the following verified criteria:

(A) A child receiving Supplemental Security Income (SSI);

(B) A child receiving services through the Missouri Department of Mental Health;

(C) A child with a physical or mental disability or delay verified in writing by a medical professional or mental health professional;

(D) A Protective Service Child;

(E) An Adoption Subsidy Child; or

(F) A child under court-ordered supervision.

(12) "Department" means the Missouri Department of Social Services.

(13) "Director" means the director of the Children's Division of the Department of Social Services.

(14) "Division" means the Children's Division of the Department of Social Services.

(15) "Eligible Child" means:

(A) A child who resides with a parent who meets the program and financial eligibility requirements for the particular type of Child Care Subsidy and who-

1. Is a citizen of the United States of America or a qualified alien; and

2. Is under the age of thirteen (13); or

3. Is under the age of eighteen (18) and classified as having a special need; or

4. Is under age nineteen (19) and still in school and classified as having a special need; or

(B) A protective Services Child.

(16) "Eligible Child Care Provider" means one (1) of the following:

(A) A child care provider licensed by the Missouri Department of Health and Senior Services and contracted with the Missouri Department of Social Services; or

(B) A child care provider determined to be license exempt by the Missouri Department of Health and Senior Services and registered and contracted with the department, in accordance with 13 CSR 35-32.080; or

(C) A child care provider caring for four (4) or fewer children not related to the child care provider within the third degree by blood, marriage, or adoption and registered and contracted with the department, in accordance with 13 CSR 35-32.070; or

(D) An out-of-state child care provider licensed or exempt from licensure, based on that state's license requirements, and registered and contracted with the department; or

(E) A child care provider under the jurisdiction of a military base and is registered and contracted with the department.

(17) "Eligibility Unit" means people living in the same household, whose needs and income shall be considered when determining eligibility for Child Care Subsidy, including:

(A) The child for whom care is requested;

(B) The child's parents (whether married or unmarried);

(C) The child's parent's spouse;

(D) The child's biological, step-, half-, or adopted sibling(s) under eighteen (18) years of age;

(E) The unmarried parental partner who is the parent of the child's sibling;

(F) The child under eighteen (18) years of age of the unmarried parental partner;

(G) The Non-Parent Caretaker Relative (NPCR) if no biological or adoptive parent or legal guardian resides in the household; and

(H) A school age child, who is also the parent of a child in the same home, has the option of being a separate family unit for purposes of determining eligibility for Child Care Subsidy.

(18) "Emergency preparedness and response plan" means planning for emergencies resulting from a natural disaster or a man-caused event (such as violence at a child care facility).

(19) "Exempt from licensure" means a child care provider pursuant to section 210.211, RSMo.

(20) "Gross Income" includes, but is not limited to, income from the following:

(A) Wages, salary, and income from self-employment;

(B) Commissions, tips, bonuses;

(C) Dividends and interest;

(D) Social Security benefits, including disability and survivor benefits;

(E) Pensions and annuities;

(F) Estate Income;

(G) Unemployment and worker's compensation; and

(H) Alimony and child support.

(21) "Intentional Violation" means the receipt of any benefit through the wrongful acquisition or issuance of Child Care Subsidy payment for child care services by the division through false representation or concealment of material facts by the participant, eligibility unit, child care provider, or any other representatives. These actions may include, but are not limited to:

(A) Submission of inaccurate information for the purpose of obtaining compensation for which the child care provider is not legally entitled;

(B) Charging the division an amount higher than what is charged for private pay participants for the same child care services;

(C) Failure to maintain the Child Attendance Record by the eligibility unit as specified by the division;

(D) Improper billing practices that do not comply with the child care provider's agreement or that do not comply with state or federal laws and regulations governing child care services;

(E) False or misleading statements, oral or written, regarding the participant's income or other circumstances that affect eligibility or the amount of subsidy received; or

(F) Failure to timely report changes in income or other circumstances that affect eligibility or the amount of subsidy received.

(22) "Licensed child care provider" means a child care provider pursuant to section 210.201, RSMo.

(23) "Licensed exempt" means a child care provider pursuant to section 210.211, RSMo.

(24) "Maximum base rate" means the amount paid to the child care provider based on the age of the child for whom child care services are requested, hours of care requested, the facility type requested, and the applicable geographic area of the state.

(25) "Medical Professional" means a licensed physician pursuant to section 632.005, RSMo, a nurse practitioner, or physician's assistant.

(26) "Mental Health Professional" means a mental health professional pursuant to section 632.005, RSMo, or licensed clinical social worker.

(27) "Overpayment" means any benefit or payment received in an amount greater than the amount the participant or child care provider is entitled to receive.

(28) "Parent" means a child's biological parent whose parental rights have not been terminated, a step-parent, an adoptive parent, a legal guardian, a caretaker relative, or other person standing in loco par-entis for the child who has applied for Child Care Subsidy.

(29) "Participant" means an applicant for Child Care Subsidy found to be eligible to receive Child Care Subsidy.

(30) "Promissory Note" means a written, dated, and signed promise by one (1) party to pay money to another party on demand or at a specified future date.

(31) "Protective Services Child" means a child in foster care or receiving preventive services through the division.

(32) "Qualified Alien" means any person who is not a citizen or national of the United States who, at the time such person applies for, receives, or attempts to receive a federal public benefit, is-

(A) Lawfully admitted for permanent residence under the Immigration and Nationality Act, as codified in 8 U.S.C. section 1101, et. seq.;

(B) Granted asylum under section 208 of such Act, as codified in 8 U.S.C. section 1158;

(C) A refugee admitted to the United States under section 207 of such Act, as codified in 8 U.S.C. section 1157;

(D) Paroled into the United States for a period of at least one (1) year under section 212(d)(5) of such Act, as codified in 8 U.S.C. section 1182(d)(5);

(E) An alien whose deportation is being withheld under section 243(h) of such Act, as codified in 8 U.S.C. section 1253 as amended;

(F) Granted conditional entry pursuant to section 203(a)(7) of such Act, as codified in 8 U.S.C. section 1153(a)(7) as in effect prior to April 1, 1980; or

(G) A Cuban or Haitian entrant, as defined in section 501(e) of the Refugee Education Assistance Act of 1980 ( Public Law 96-422).

(33) "Rate Differential" means an additional amount paid to a child care provider over and above the maximum base rate.

(34) "Recoupment" means the repayment of an overpayment by a reduction in a future payment to the child care provider.

(35) "Registered Child Care Provider" means a child care provider who is exempt from licensure or licensed exempt as defined in section 210.211, RSMo, and meets the requirements of 13 CSR 35-32.070 or 13 CSR 35-32.080.

(36) "Related Child" means the relationship of the child to the child care provider is within the third degree, which includes siblings (if not residing in the same home), nephews, nieces, grandchildren, and great-grandchildren.

(37) "School Age" means an eligible child at least five (5) years of age.

(38) "Sliding Fee" means participant's share of the child care cost based on the eligibility unit's income and household size.

(39) "Staff" means a person employed by a child care provider or a volunteer who is counted in staff/child ratios.

(40) "Substantiated Child Abuse and Neglect Report" or "Substantiated CA/N Report" means when the division has determined that there is sufficient evidence to believe that a person committed child abuse or neglect, either by finding of probable cause prior to August 28, 2004, or by a preponderance of the evidence after August 28, 2004.

(41) "Transitional Child Care" means a benefit program assisting families currently receiving Child Care Subsidy with the continued cost of child care at a reduced rate of the regular Child Care Subsidy payment when the family's income increases and becomes greater than the full Child Care Subsidy income eligibility guidelines allow, with the families having an increased responsibility for the cost of child care.

(42) "Unintentional Violation" means the receipt of any benefit through the wrongful acquisition or issuance of Child Care Subsidy payment for child care services by the division through incorrect representation, but not by the concealment of material facts by the participant, eligibility unit, child care provider, or any other representatives. These actions may include, but are not limited to:

(A) The participant or child care provider unintentionally failing to provide the division with the correct or complete information;

(B) The child care provider failing to notify the division that their license status has changed or business operation changes have occurred that affect the payment rate; or

(C) The child care provider submitting information, such as invoices or attendance records, with unintentional errors.

(43) "Unrelated Child" means a child who is not related to the provider within the third degree of consanguinity or affinity.

13 CSR 35-32.050

Adopted by Missouri Register July 3, 2017/Volume 42, Number 13, effective 8/31/2017