218 R.I. Code R. 218-RICR-20-00-4.2

Current through December 3, 2024

Section 218-RICR-20-00-4.2 - Definitions

A. For the purposes of this Administrative Rule, the following definitions apply unless otherwise noted:

1. "Allowable child care expense" means the total cost of the CCAP authorized child care services paid by the DHS to an approved provider, after deducting the amount the family is required to pay the provider as its share of the cost (or family share) for authorized services.

2. "Applicant child(ren)" means the dependent child(ren) in the financial unit for whom the CCAP authorized child care services are being requested.

3. "Application date" means the date that a signed application for the CCAP is stamped as received by a DHS office or the date an application is submitted online.

4. "Approved child care provider" means an individual or program that:

a. Has met the requirements established by the Department of Human Services to participate in the CCAP; and

b. Entered into a signed and valid agreement with the DHS specifying the terms and conditions for enrolling eligible children and receiving payment for the CCAP allowable child care expenses.

5. "Appropriate child care" means child care, including infant, toddler, preschool, and school age, that is provided by a person or organization qualified, approved, and authorized by the State agency or agencies designated to make such determinations as set forth in this Part.

6. "Approved education and training program" means a training, apprenticeship, internship, on-the-job training, work experience, work immersion, or other job readiness/job attachment program that is:

a. Funded by the Governor's Workforce Board or State agencies that are part of the coordinated program system pursuant to R.I. Gen. Laws § 42-102-11, or otherwise approved by the CCAP Program Administrator;

b. Twenty (20) hours per week or more.

7. "Authorized child care services" means the child care a CCAP eligible child is approved to use in a given time period based on the Department's assessment of the family's need for services. The CCAP authorized child care is categorized as full-time (FT), three-quarter time (3QT), half-time (HT), or quarter-time (QT).

8. "Basic education program" or "BEP" means the overarching set of Regulations for the Rhode Island public education system.

9. "CCAP approved provider agreement" or "APA" means the agreement that all CCAP approved providers must sign with the DHS that establishes the respective responsibilities and obligations of both the Department and the provider.

10. "CCAP approved provider introductory training" means the introductory training session(s) about the CCAP, conducted by the Office of Child Care (OCC) and that approved providers must complete in order to receive the DHS reimbursement of allowable child care expenses.

11. "CCAP automated enrollment system" means the DHS system through which an approved provider shall enroll eligible children.

12. "Center-based child care program" means a facility operated on a regular basis which receives children, not of common parentage, and provides non-residential care in a location separate from the children's parents during the day. Rhode Island General Law (RIGL) requires center-based child care programs to obtain licensure through the Department of Human Services.

13. "Certification period" means the period of time that an eligible child may obtain the CCAP authorized child care services. A certification period shall not be less than twelve (12) months in duration.

14. "Child Care Assistance Program" or "CCAP" means the program administered by the Rhode Island Department of Human Services that provides financial assistance for authorized child care services rendered to eligible children by approved child care providers. The CCAP consolidates the DHS child care subsidy programs for RI Works recipients, income eligible working families (formerly known as the Low Income Child Care Program), families where the parent(s) is participating in an approved education and training program, families where the parent(s) are in enrolled in an Associate's degree or Bachelor's degree program at a Rhode Island public institution of higher education, teens participating in the Teen and Family Development Program (formerly known as Youth Services).

15. "College credit based hours" means the amount of CCAP need hours approved per college credit for parent(s) who are enrolled in an Associate's degree or Bachelor's degree program at a Rhode Island public institution of higher education. College credit based hours are calculated by adding two (2) hours of study time to every one (1) college credit.

16. "Department of Children, Youth and Families" or "DCYF" means the Rhode Island State agency with statutory responsibility for investigating allegations of child abuse/neglect, as well as the licensing, monitoring and enforcement of Regulations in all foster homes, residential facilities, and for agencies who place children.

17. "Department of Human Services" or "DHS" or "Department" means the Rhode Island State agency that administers financial, medical, social and rehabilitation programs and services, and has the statutory responsibility to regulate and approve licensed and license exempt child care providers to participate in the DHS Child Care Assistance Program (CCAP) and receive payment for authorized child care expenses.

18. "Dependent child" means any child who is under the age of thirteen (13) years, or who turns thirteen (13) years during the twelve (12) month certification period, or who is under the age of nineteen (19) if they have a documented disability and are of an acceptable degree of relationship for purposes of CCAP.

19. "DHS CCAP established payment rate" means the maximum rate that the DHS CCAP will pay approved providers for authorized child care services in each rate category. This maximum rate is established based on the results of a triennial Market Rate Survey as defined in R.I. Gen. Laws § 40-6.2-1.1.

20. "DHS code of administrative rules and regulations" or "DHS Code" means the compendium of Rules and policies governing the programs administered by the Department. The DHS Code was formerly referred to as the DHS Policy Manual.

21. "Eligible child" means a dependent child that meets the requirements to receive authorized child care services from a CCAP approved child care provider. A foster child who is eligible for child care services provided through the Rhode Island Department of Children, Youth and Families (DCYF) shall not be deemed an eligible child for the purposes of the CCAP.

22. "Excluded income" means certain money, goods or services that are not considered countable for the purposes of determining whether a family meets the requirements for the CCAP income eligibility. Excluded income includes, but is not limited to, the following:

a. The value of U.S. Department of Agriculture donated foods;

b. Any payment received under Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. §§ 4601 - 4655;

c. The value of certain assistance provided to undergraduate students including: any grant or loan for an undergraduate student for educational purposes made or insured under any loan program administered by the U.S. Commissioner of Education (or the Rhode Island Board of Governors for Higher Education or the Rhode Island Higher Educational Assistance Authority);

d. Payments distributed per capita to, or held in trust for, members of any Indian tribe under Pub. Law 92-254, Pub. Law 93-134 or Pub. Law 94-540;

e. Any benefits received under Title VII, Nutrition Program for the Elderly, of the Older Americans Act of 1965, as amended (Pub. Law 116-131);

f. Payments for supportive services or reimbursement of out-of-pocket expenses made to individual volunteers serving as foster grandparents, senior health aides or senior companions, and to persons serving in the Service Corps of Retired Executives (SCORE) and Active Corps of Executives (ACE) and any other program under Title II and Title III of the Domestic Volunteer Service Act of 1973 (Pub. Law 93-113);

g. The value of supplemental food assistance received under the Child Nutrition Act of 1966, as amended, and the special food service program for children under the National School Fund Act, as amended, (Pub. Law 92-433 and Pub. Law 93-150);

h. Payments of Experimental Housing Allowance Program made under Annual Contributions Contracts entered into prior to January 1, 1975, under § 23 of the U.S. Housing Act of 1937, as amended (Pub. Law 75-412);

i. Receipts distributed to members of certain Indian tribes which are referred to in § 5 of Pub. Law 94-114 that became effective October 17, 1975;

j. Tax exempt portions of payments made pursuant to the Alaska Native Claims Settlement Act, Pub. Law 93-203;

k. Foster care payments made by the Rhode Island Department for Children, Youth and Families (when the child is not included in the assistance unit);

l. The value of food assistance benefits;

m. The value of government rent or housing subsidies;

n. Home energy assistance funded by the State or Federal government or from non-profit organizations;

o. Income from college work study programs;

p. The earned income of a dependent child who is included in the financial unit;

q. Stipends, earned income, and reimbursements paid through the Federal Workforce Investment Act and through the Workforce Innovations Opportunity Act (WIOA), Pub. Law 113-128;

r. In accordance with Pub. Law 100-485, the refund of taxes under the earned income tax credit (EITC), or the advance payment of the EITC;

s. Loans and grants, such as scholarships, obtained and used under conditions that preclude their use for current living costs;

t. Monies received under the Federal Social Security Persons Achieving Self-Sufficiency (PASS) program or the Income Related Work Expenses (IRWE) program;

u. The income of the parents with whom a teen parent(s) resides;

v. Section 8 Utility Payment;

w. Veterans Aid and Attendant Allowances;

x. Payments to volunteers under Americorps/VISTA (payments to volunteers under Americorps are not excluded);

y. Rhode Island Works (RIW) cash assistance payments; and

z. Veteran's Disability Pension payments received as a result of any disability sustained by the veteran while in military service.

23. "Family child care home" means a licensed residence where the resident can provide child care for up to six (6) children, or up to eight (8) children with an approved assistant.

a. Family child care home shall not mean a private residence used for an informal cooperative arrangement among neighbors or relatives, or the occasional care of children with or without compensation.

b. R.I. Gen. Laws Chapter 42-12.5 requires family child care home providers to obtain a license from the DHS.

24. "Family share" means the amount a family is expected to contribute in co-payments to the cost of child care services.

25. "Financial unit" means the dependent children, including both applicant and non-applicant child(ren), and the parent(s) and the legal spouse(s) of the parent(s) who live with them in the same household. The financial unit may also include applicant children that the DHS has determined, upon verification, to be a relative of acceptable degree to the parent(s) requesting the CCAP authorized services. The financial unit determines family size for the purposes of determining income.

26. "Fraud" means a false representation of the facts, including making false or misleading statements, failing to disclose pertinent information, or trying to hide wrongdoing by an individual(s) or an organization. The deception is intentional and usually results in a benefit to the individual and/or causes damage, harm, or loss to the State or others.

27. "Group family child care home" means a child care program located in the provider's home residence in which child care services may be offered at the same time for up to nine (9), but no more than twelve (12) children unrelated to the child care provider.

a. R.I. Gen. Laws Chapter 42-12.5 requires group family child care home providers to obtain licensure from the DHS.

28. "Housing insecure individuals" means individuals who:

a. Lack a fixed, regular and adequate nighttime residence;

b. Are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason;

c. Are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative accommodations; or

d. Are living in emergency or transitional shelters; have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings; are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar setting.

29. "Income" means any money, goods or services available to the financial unit used to calculate eligibility for the CCAP. For the purposes of the CCAP, countable income includes, but is not limited to, any of the following:

a. Monetary compensation for services, including gross wages, salary, commissions, and any work-based fees, stipends, tips or bonuses;

b. Adjusted gross income from self-employment;

c. Social Security Benefits - Retirement, Survivors and Disability Insurance (RSDI);

d. Supplemental Security Income (SSI);

e. Dividends or interest on savings or bonds;

f. Income from estates or trusts;

g. Adjusted Gross Rental Income;

h. Adjusted Gross Room and Board Income;

i. Public assistance payments;

j. Unemployment Compensation;

k. Temporary Disability Insurance (TDI);

l. Workers' Compensation;

m. Government civilian employee or military retirement, Private pensions or annuities;

n. Cash payouts for waiving employer sponsored health insurance;

o. Adoption subsidies;

p. Alimony;

q. Child support payments;

r. Regular contributions from persons not living in the household;

s. Royalties;

t. Strike Benefits;

u. Trade Readjustment Allowance;

v. VA Compensation Payments, VA Educational Benefits, Spousal/Dependent Allowances and Military Allotments;

w. Payments to volunteers under Americorps (payments to volunteers under Americorps/VISTA are excluded);

x. Foster care payments made by the Rhode Island Department of Children, Youth and Families (when the child is included in the assistance unit);

y. In-Kind Assistance; and

z. Non-citizen Sponsor Income (includes income of the sponsor and sponsor's spouse), refer to the Rhode Island Works Rules and Regulations, Part 2 of this Subchapter, regarding Deeming provisions and Indigent Exceptions.

30. "Income eligible" means the CCAP eligibility is determined on the basis of income, for applicants not receiving RI Works cash assistance, within the limits prescribed in State law, contingent upon meeting certain general requirements and the need for services.

31. "Infant" means a child from at least one (1) week up to, and inclusive of, eighteen (18) months of age.

32. "Initial eligibility date" or "Care start date" means the first date that the CCAP authorized child care services, rendered to an eligible child by an approved provider, can be paid by the DHS.

33. "Legal guardian" means judicially created relationship between the dependent child and caregiver which is intended to be permanent and self-sustaining as evidenced by the transfer to the caregiver of the following parental rights with respect to the child: protection, education, care and control of the person, custody of the person and decision-making.

34. "License exempt child care provider" means any relative of a family eligible for the CCAP rendering child care in the home of the child or the provider (not to exceed six (6) related children), who has been successfully screened by the DHS and determined eligible to participate in the CCAP. License exempt providers are not required under applicable State laws (R.I. Gen. Laws §§ 42-72.1-4et seq. and 42-12.5-4 et seq.) to obtain licensure from the Rhode Island Department of Human Services, but must meet the capacity requirements. License Exempt providers are only approved in the CCAP as long as they have a CCAP pending or eligible child in their care.

35. "Licensed child care facility" means any facility that provides child care, including a center-based program or family child care home, that is licensed by the Rhode Island Department of Human Services (DHS).

36. "Non-applicant child" means any dependent child living in the household up to age eighteen (18), who is not included in the family's request for the CCAP authorized child care services.

37. "Non-temporary change in status" means a non-temporary change in employment or education and training status due to permanent loss of work or cessation of attendance at an approved education and/or training program.

38. "Office of child care" means the unit within the DHS responsible for administering the CCAP and approving child care providers participating in the program.

39. "Office of Internal Audit Fraud Detection and Prevention Unit" or "OIA FDP" means the Rhode Island State agency with statutory responsibility for investigating and auditing the possible existence of any activity constituting fraud, waste, and/or abuse.

40. "One-parent home" means a family in which there is only one (1) parent living in the household with financial responsibility for the eligible child(ren).

41. "Parent" means any person in the household who is legally and financially responsible for the routine care of the applicant child(ren) including, but not limited to, providing income, resources or other forms of support.

a. A person seeking the CCAP authorized services for a dependent child is considered to be a parent for the CCAP eligibility purposes if so deemed for any other Department of Human Services program(s).

b. The term parent is used broadly in this Rule to refer to biological, adoptive, or stepparents, as well as legal guardians or caretaker relatives of an acceptable degree as defined in Part 2 of this Subchapter, the Rhode Island Works Rules and Regulations.

42. "Pre-School age child" means a child from age three (3) up to entry into the Kindergarten of a public or private elementary school program. A child who will reach age seven (7) on or after September 1st in a given school year shall not be considered a pre-school age child under any circumstances.

43. "Quality rating and improvement system" or "QRIS" means systemic approach to assess, improve, and communicate the level of quality in early and school-age care and education programs.

44. "Relationship, acceptable degree" means dependent child must be living with a relative of acceptable degree of relationship in a home maintained by such relative. The establishment of relationship is either biologically, through marriage, or through legal guardianship.

a. When the relative with whom the child lives is not the biological or adoptive parent, the term in loco parentis (in place of the parent) is used.

b. Spouses of any of the persons in the listed groups meet the relationship requirement and continue to meet it even after the marriage is terminated by death or divorce.

45. "Relative" means an individual at least eighteen (18) years old who is the grandparent, great-grandparent, aunt/uncle, or sibling not living in the home. As it pertains to licensed-exempt providers, the individual must be at least twenty-one (21) years old. The status of relative is established by blood, marriage or court decree.

46. "Rhode Island public institution of higher education" means Community College of Rhode Island, Rhode Island College, or University of Rhode Island.

47. "Rhode Island Works Program" or "RI Works" means the Rhode Island State program authorized by R.I. Gen. Laws Chapter 40-5.1 et seq., that provides cash assistance and support to families who meet certain requirements. RI Works beneficiaries are eligible for fully-subsidized CCAP services if they meet the requirements established in § 4.5 of this Part.

48. "RI Works CCAP eligible" means that eligibility for the CCAP has been conferred based on receipt of, or participation in, the RI Works cash assistance public benefit/program. RI Works cash assistance recipients and Teen and Family Development (TFD) program participants are eligible for the CCAP if they have met all other general requirements and established a need for services.

49. "School-age child" means a child through age twelve (12), or who turns thirteen (13) years during the eligibility period, enrolled in at least Kindergarten in a public or private school program. Certain children with special needs may be categorized as school age through the age of eighteen (18) and qualify for the CCAP child care services as detailed in § 4.3.1 of this Part.

50. "Short-term special approval" or "SSACC" means the continuation of the CCAP authorized services despite the temporary reduction in employment or RI Works employment plan participation as a result of a documented serious health condition or related circumstance in the family that creates an immediate need to continue the CCAP authorized child care services on a temporary basis, as provided in § 4.6 of this Part.

51. "Teen and Family Development" or "TFD" means a program, provided through local community agencies, that provides assistance to pregnant/parenting teens engaged in approved education and training programs. TFD participants may be RI Works participants, employed, attending high school/GED classes, or a combination. Participants enrolled in the Teen and Family Development program receive assistance with case management and supportive services to assist with increasing self-sufficiency through education and/or employment. This program was previously known as Youth Services.

52. "Temporary change in status" means a temporary change in the ongoing status of the child's parent as working or attending a job training or educational program shall include:

a. Any time-limited absence from work for an employed parent due to reasons such as the need to care for a family member or an illness;

b. Any interruption in work for a seasonal worker who is not working between regular industry work seasons;

c. Any student holiday or break for a parent participating in training or education;

d. Any reduction in work, training or education hours, as long as the parent is still working or attending training or education; or

e. Any other cessation of work or attendance at a training or education program that does not exceed three (3) months.

53. "Toddler" means a child over the age of eighteen (18) months, up to the age of three (3) years.

54. "Two-parent home" means a home with a parent and a legal spouse (who may or may not be a parent) or two parents living in the same household who share financial responsibility for, the applicant's dependent child/children.

218 R.I. Code R. 218-RICR-20-00-4.2

Amended effective 6/19/2019
Amended effective 9/2/2021
Amended effective 2/27/2022
Amended effective 4/1/2022
Amended effective 4/23/2022
Amended effective 7/5/2022
Amended effective 9/15/2022
Amended effective 2/9/2023
Amended effective 4/1/2023
Amended effective 2/24/2024
Amended effective 7/29/2024