218 R.I. Code R. 218-RICR-20-00-4.6

Current through November 7, 2024

Section 218-RICR-20-00-4.6 - Criteria for Income Eligibility

4.6.1General Requirements and Criteria

A. Working families, where a parent(s) is participating in an approved education or training program, or an approved college program as well as TFD participants not receiving RI Works cash assistance who meet the general requirements in § 4.3 of this Part and the following criteria may be CCAP income eligible:

1. Financial Determination

a. The countable income of the financial unit shall be at or below two hundred percent (200%) of the Federal poverty level (FPL), based on family size.

(1) Transitional Child Care allows families currently eligible for child care to continue to receive child care after their income exceeds two hundred percent (200%) of the Federal poverty level (FPL), as long as income remains below three hundred percent (300%) FPL.

(2) When income rises above three hundred percent (300%) of the FPL the family is no longer eligible.

(3) New child care assistance applicants with income over two hundred percent (200%) of the FPL will not be eligible for Transitional Child Care.

(4) Eligibility for Transitional Child Care will be determined at normal recertification times.

(5) Families found eligible will be continued on Transitional Child Care until they reach three hundred percent (300%) of the FPL.

(AA) If approved for Transitional Child Care and income later falls below two hundred percent (200%) of the FPL, at recertification, eligibility for Transitional Child Care ends and an application for Child Care Assistance under the regular CCAP can occur.

(BB) Families are eligible to resume Transitional Child Care if their income were to again rise above two hundred percent (200%) of the FPL.

b. The income of self-employed families shall be calculated as outlined in the Rhode Island Works Program Rules and Regulations, § 2.15.4 of this Subchapter.

c. In the process of determining eligibility for the CCAP, prospective budgeting is used. Eligibility is established based on the knowledge and reasonable expectation of what income and circumstances will exist in the month for which a payment is authorized.

(1) Weekly income for these cases is converted to a monthly amount using the 4.3333 weeks per month conversion method.

(2) The projected estimate of income is valid for the following periods:

(AA) Between the initial determination of eligibility and redetermination;

(BB) Between redeterminations; and

(CC) Following a change in income or circumstances which is reported by the recipient or discovered by the Department.

B. Treatment of Resources

1. A determination of eligibility requires a review of the family's liquid resources.

a. A family is required to declare if they have assets in excess of one million dollars ($1,000,000). Applicant declaration is considered verification of assets at initial eligibility and at redetermination unless the stated resources are close to limit or there is other reason to require verification.

b. The request for verification shall be at the discretion of the DHS representative if the information given is inconsistent or questionable from information known to the Department.

c. The value of liquid resources must be counted toward the one million dollar ($1,000,000.00) liquid resource limit. If the combined value of the child's or the family's liquid resources exceeds the one million dollar ($1,000,000.00) liquid resource limit, the family is ineligible and the application is denied or eligibility for assistance is discontinued.

2. Liquid resources are defined as any interest(s) in property in the form of cash or other financial instruments or accounts that are readily convertible to cash or cash equivalents.

a. These include, but are not limited to cash, bank, credit union or other financial institution savings, checking and money market accounts, certificates of deposit or other time deposits, stocks, bonds, mutual funds, and other similar financial instruments or accounts.

b. These do not include educational savings accounts, plans, or programs; retirement accounts, plans, or programs; or accounts held jointly with another adult, not including a spouse, living outside the same household but only to the extent the applicant/recipient family documents the funds are from sources owned by the other adult living outside the household, plus the proportionate share of any interest, dividend, or capital gains thereon.

3. Bank accounts are liquid resources. Verification of bank accounts is required only if the value of the account is near one million dollars ($1,000,000), at initial certification or recertification. The same procedures employed at certification are used at recertification.

4. The applicant/recipient's statement is acceptable for verification of resources unless the household is near the resource maximum limit, or the information given is inconsistent or questionable from information known to the Department. The same procedures employed at certification are used at recertification.

5. In order to be countable in the determination of the CCAP eligibility, a resource must be available to the individual. The individual must be able to use the resource to provide food, shelter, clothing, or convert it into a form in which it can be used to meet needs:

a. A resource is considered to be available both when actually available, and when the applicant has the legal ability to make such sum available for support and maintenance;

b. Resources are not available when a legal impediment exists which precludes the applicant from making the resource available for support, maintenance or child care payments; and

c. Applicants/recipients are required, as a condition of eligibility, to cooperate with the Department in making resources available.

6. Countable liquid resources are determined as of the First Moment of the Month (FOM).

a. The determination is based on the liquid resources the individuals own, their value, and whether or not they are excluded as of the first moment of the month.

b. The FOM rule establishes a point in time at which to value liquid resources; and

c. If countable liquid resources exceed the limit as of the first moment of a month, the recipient is not eligible for that month, unless the liquid resources are reduced by expenditure on certain allowable expenses. Expenses that may be used to reduce liquid resources, to attain or retain eligibility, in the CCAP are:

(1) Any and all expenses related to payment for education or child care for members of the family unit;

(2) Contributions to educational savings accounts, plans or programs owned by any member of the family unit; and

(3) Contributions to retirement accounts, plans or programs owned by any member of the family unit.

7. Whenever the applicant is a joint account holder who has unrestricted access to the funds in the account, all of the funds in the account are presumed to be the resources of the applicant. The applicant is offered the opportunity to submit evidence in rebuttal as described below.

a. A successful rebuttal results in finding that the funds (or a portion of the funds) in the joint account are not owned by the applicant and, therefore, are not the resources of the applicant.

b. In order for a household member to demonstrate a lack of ownership, or only partial ownership of a resource, two (2) of the following sources of documentation must be presented as evidence:

(1) Documents showing the origin of the resource;

(2) Documentation through Federal or State tax records as to which of the joint account holders declares the tax on the interest credited to the account as income;

(3) Records of who makes deposits and withdrawals and, if appropriate, of how withdrawn funds are spent. The person claiming a lack of ownership (or accessibility) should not have made any withdrawals;

(4) A notarized affidavit that details a written or oral agreement made between the parties listed on the resource or by someone who established or contributed to the resource, with respect to the ownership of the funds in the resource;

(5) When the household member states that s/he does not own a bank account but is listed as a co-holder solely as a convenience to the other co-holder to conduct bank transactions on his/her behalf, evidence of the age, relationship, physical or mental condition, or place of residence of the co-holder must be provided; or

(6) A signed, notarized statement from the household member and from either other individual(s) listed in the joint account, or the person who established or contributed to the account, stating that the applicant or recipient had no knowledge of the existence of the account.

c. A document or piece of evidence submitted to verify a particular fact does not count as more than one (1) verification under the above Sections. However, a document, piece of evidence or a statement may address more than one (1) fact needed for verification.

d. If a household member cannot demonstrate that s/he is not the owner of the account through the submission of two (2) of the above listed documents, the rebuttal must be denied.

C. Family Cost Sharing Requirement

1. Eligible families with countable income above one hundred percent (100%) of the FPL shall pay a share of the expense for the child care services.

a. The family shall be assessed for a share of the cost for authorized services (formerly referred to as co-payment) based on a percentage of the gross countable income for families at each level.

b. The family share and income guidelines are set in accordance with the CCAP Cost-Sharing Payment Rate Table.

c. The income levels and percentage range of family shares are as follows:

LEVEL	FEDERAL POVERTY LEVEL	AMOUNT
Level 0	Less than or equal to 100%	No Family Share
Level 1	Above 100% up to and including 125%	2% of Countable Gross Income
Level 2	Above 125% up to and including 150%	5% of Countable Gross Income
Level 3	Above 150% up to and including 200%	7% of Countable Gross Income
Level 4	Above 200% up to and including 300%	7% of Countable Gross Income

d. Income levels zero through three (0-3) are co-share amounts for on-going or new applicants. Income level four (4) is the co-share amounts for CCAP participants receiving Transitional Child Care.

e. Current CCAP Eligibility and Cost-Sharing levels by Gross Income Adjusted for Family Size are found here https://dhs.ri.gov/programs-and-services/child-care/child-care-assistance-program-ccap/ccap-family-eligibility-how on the DHS website.

2. The family share shall be determined without regard to the number of eligible children who are enrolled or the total of services utilized.

a. The family share shall be assigned to the youngest eligible child enrolled in care, that is, the eligible child who receives authorized services paid at the highest rate.

b. The family share shall only be distributed among providers when the total amount of the family share assigned exceeds the rate paid for the youngest eligible child enrolled.

3. A family's share of the cost for child care services approved for the CCAP payment shall be recalculated any time that the family reports a change and submits supporting documentation, or at recertification. The DHS shall recalculate the family's share of the cost for the CCAP authorized services during the certification period and will adjust the family share only if the family submits documentation that would result in the lowering of the family share amount.

4. The Notice of Approval for child care assistance shall indicate whether a family is required to pay a share of the cost for authorized child services based on countable income.

a. The Approval Notice shall indicate to the family the exact amount of their family share and the calculations used to determine that amount.

b. The family shall also be informed of the amount of their family share and which provider(s) to pay in the Confirmation of Enrollment letter.

4.6.2Need for Services

A. To be authorized for income-based CCAP child care services, the parent(s) shall have an acceptable need for services related to employment, or an approved educational or training program.

1. General Criteria: Income Eligible

a. For there to be an acceptable need for services in a two (2) parent home, each parent shall be employed a minimum of an average of twenty (20) hours per week in a month and require the CCAP child care services in order to work in accordance with the Section below, entitled, Limitations.

(1) The twenty (20) hours per week minimum requirement cannot be met by combining the working hours of both parents, but must be met individually by each working parent.

(2) In addition, the working parents shall each earn, per hour, an average of the greater of either the State or Federal minimum wage.

b. For there to be an acceptable need for services in a one (1) parent home, the parent living in the household shall be employed a minimum of an average of twenty (20) hours per week in a month, earn per hour an average of the greater of either the State or Federal minimum wage, and require the CCAP child care services in order to work.

2. Program-Specific Criteria: Non RI Works cash assistance TFD Participants

a. To obtain the CCAP authorized services, non-RI Works teens applying for income eligibility shall meet the applicable general criteria as well as the following program-specific criteria:

(1) The applicant parent shall be a TFD participant without a high school degree or its equivalent; and

(2) The applicant TFD parent shall be employed, attending school or participating in education related activities, or engaged in some combination thereof for a minimum of twenty (20) hour per week, on average, in a month.

b. The CCAP child care services for TFD participants who meet these requirements will be authorized for a period of no less than twelve (12) months.

3. Program-Specific Criteria for Child Care for Training

a. The Department shall provide child care to income eligible/low-income families with income below two hundred percent (200%) of the Federal poverty level who are involved in training, apprenticeship, internship, on-the-job training, work experience, work immersion, or other job readiness/job attachment programs sponsored or funded by the Human Resource Investment Council (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 as approved by the CCAP Program Administrator.

b. To obtain the CCAP authorized services, such applicants applying for income eligibility shall meet the applicable general criteria as well as the following program-specific criteria:

(1) The applicant parent shall be a participant in an approved training, apprenticeship, internship, on-the-job training, work experience, work immersion, or other job readiness/job attachment programs sponsored or funded by the Human Resource Investment Council (Governor's Workforce Board) or State agencies that are part of the coordinated program, or other training program as approved by the CCAP Administrator and require the CCAP child care services in order to take part in the job readiness/job attachment activities; and

(2) The applicant parent shall be participating in approved education or training activities for a minimum of twenty (20) hours per week, on average, in a month. The CCAP child care services for participants who meet this requirement may be authorized for a period of no less than twelve (12) months.

c. For there to be an acceptable need for services in a two (2) parent home, one (1) parent shall be participating in approved education or training activities, and the other parent shall be participating in approved education or training activities or employed for an average of twenty (20) hours per week in a month and require the CCAP child care services in order to participate in the activity.

(1) In addition, any parent with earned income outside of the approved education and training program shall earn, per hour, an average of the greater of either the State or Federal minimum wage.

d. For there to be an acceptable need for services in a one (1) parent home, the parent living in the household shall be participating in approved education or training activities for a minimum of an average of twenty (20) hours per week in a month.

4. Program-Specific Criteria for Child Care for College

a. The Department shall provide child care to Income Eligible/Low-income families with income below two hundred percent (200%) of the Federal poverty level who are enrolled in an Associate's degree or Bachelor's degree program at a Rhode Island public institution of higher education.

b. To obtain CCAP authorized services, such applicants applying for income eligibility shall meet the applicable general criteria as well as one (1) of the following program-specific criteria:

(1) The applicant parent shall be enrolled in a Rhode Island public institution of higher education for a minimum of seven (7) credit hours in the semester of application.

(AA) Per the New England Association of Schools and Colleges (NEASC) accreditation requires that faculty assign two (2) hours of outside work for every one (1) hour spent in the classroom. Therefore, a student taking seven (7) credit hours is participating in twenty-one (21) hours of school activity and meeting the weekly activity requirements a minimum of twenty (20) hours per week, on average, in a month. CCAP child care services for participants who meet this requirement may be authorized for a period of no less than twelve (12) months or;

(2) The applicant parent shall be enrolled in an Associate's degree or Bachelor's degree program at a Rhode Island public institution of higher education and be employed with the combination of approved college based credit hours and work hours equaling at least twenty (20) hours per week.

c. For there to be an acceptable need for services in a two (2) parent home, both parents shall each be participating in one (1) of the following:

(1) Approved education or training activities;

(2) Employed for an average of twenty (20) hours per week in a month;

(AA) Any parent with earned income outside of the approved education and training program shall earn, per hour, an average of the greater of either the State or Federal minimum wage.

(3) Enrolled in an Associate's degree or Bachelor's degree program at a Rhode Island institute of higher education with a minimum of twenty (20) college credit hours; or

(4) Employed and enrolled in an Associate's degree or Bachelor's degree program at a Rhode Island institute of higher education with a combination of approved college credit hours and work hours equaling at least twenty (20) hours per week.

d. For there to be an acceptable need for services in a one (1) parent home, the parent living in the household shall be enrolled in college for a minimum of seven (7) credit hours to meet an average of twenty (20) hours per week in a month or employed and enrolled in an Associate's Degree or Bachelor's degree program at a Rhode Island institute of higher education with a combination of approved college credit hours and work hours equaling at least twenty (20) hours per week.

4.6.3Limitations

A. The need for child care services shall be related to the periods of time in which no parent is available to provide care for the child as a result of employment or education or training. The CCAP child care services shall not be authorized for an otherwise income eligible child under the following circumstances:

1. A parent of the eligible child is self-employed as a child care provider, and is requesting payment for care they provided to their own child or another child living in the same household.

2. A parent is providing the child care, irrespective of whether the parent lives in the same household as the eligible child(ren);

3. A person living in the same legal residence of the eligible child(ren) is providing the child care;

4. The applicant parent's sole source of income is derived from rental and/or room and board income, and the need for services is based on activities related to obtaining or collecting that income;

5. The applicant parent's need for services is based in part or in whole on time spent working as a volunteer, or in any similar capacity in which no wages are earned, paid, or expected. Unpaid work of this kind also shall not count toward the minimum number of work hours required for the CCAP income eligibility; or,

6. Such activities shall not be considered employment for the purposes of this Section and, as such, shall not count toward the minimum number of hours of work required to establish a need for the CCAP authorized child care services.

4.6.4Exceptions

A. In certain circumstances, families unable to meet the need for services requirements may qualify for an exception that allows authorization of the CCAP services. The exceptions are as follows:

1. Parents with Disabilities

a. The CCAP services may be authorized if one (1) of the parents in a two (2) parent home or the parent in a one (1) parent home does not meet the employment, training or college requirements for approved activity because of a disability and the family provides written verification from a licensed health care practitioner, program or facility, qualified to make such a determination, indicating that the parent without an approved activity cannot provide appropriate, routine care of the child due to a neurophysiological, psychological or emotional disorder, physical impairment, or serious health condition.

(1) Requests for an exception shall be made by submitting Department approved form along with the required medical documentation.

(2) Any health information requested or obtained for the purposes of this Section shall be subject to the privacy protections established in State law and the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Pub. Law 104-191.

b. Employed parents determined to have disabilities may be exempt from meeting the minimum number of hours of work and the minimum wage requirements required to establish a need for services set forth in this Section.

c. An exemption shall not be granted until an assessment by an appropriate entity or provider of the parent's condition is complete, a final determination of disability is made, and the documentation verifying the parent's disability is submitted to the DHS.

d. Notice of the decision shall be provided to the parent requesting the exemption.

2. Temporary Change in Status

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

(1) Any time-limited absence from work for an employed parent due to the need to care for a family member or an illness;

(2) Any interruption in work for a seasonal worker who is not working between regular industry work seasons;

(3) Any student holiday or break for a parent participating in training or education;

(4) Any reduction in work, training or education hours, as long as the parent is still working or attending training or education; or

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

b. A temporary change in status is considered to be within the parameters of employment, approved education or training and will not adversely affect the ability to utilize the CCAP authorized care.

3. Non-Temporary Change in Status

a. A parent(s) who experiences a non-temporary change in employment, education or training status due to loss of work or cessation of attendance at an approved education or training program shall continue to receive the CCAP services for three (3) months for each loss or cessation in order for the parent(s) to resume work or attendance in an approved education or training program.

b. The three (3) month grace period shall be applied as follows:

(1) The grace period will be applied when there is less than three (3) months of the existing twelve (12) month certification period when the loss of employment, education, or training status occurs and will extend the twelve (12) month certification period with the same level of coverage.

(2) At the end of the grace period, a parent(s) engaged in qualifying employment or an approved education or training program shall be assessed for a new twelve (12) month certification period according to Income Eligibility guidelines.

(3) The three (3) month grace period will not be extended if there has been no entry into employment, or into an approved education or training program.

4. Temporary Active Job Search

a. A parent engaged in an active job search at application may be eligible for temporary CCAP benefits subject to certain guidelines and limitations.

(1) To obtain the CCAP authorized services, applicants applying for income eligibility shall meet the applicable general criteria as well as the following criteria related to a temporary active job search:

(AA) The applicant parent shall be actively engaged in a job search and require the CCAP child care services in order to take part in the job readiness/job search activities; and

b. For there to be an acceptable need for services in a two (2) parent home, one (1) parent shall be participating in an active job search and the other parent shall be participating in approved education or training activities or employed for an average of twenty (20) hours per week in a month and require the CCAP child care services in order to participate in the activity.

(1) In addition, any parent with earned income shall earn, per hour, an average of the greater of either the State or Federal minimum wage.

(2) Family co-share will be determined based on the household income at time of application.

c. For there to be an acceptable need for services in a one (1) parent home, the parent living in the household shall be participating in an active job search a minimum of an average of twenty (20) hours per week in a month.

d. Eligibility for CCAP benefits when one or both parents have a temporary job search is limited to 20 hours per week or Half Time (HT) authorization for a maximum of 3 months from the authorization date.

e. The CCAP child care services for participants who meet this requirement may be authorized for a period of no less than twelve (12) months, however if there is no reported income based on employment within 3 months of the date of authorization, CCAP benefits will terminate.

(1) If a job is reported prior to the end of the three-month period, the case will be updated to include the employment. Benefits may increase at that time based on the hours of employment, but in no case will benefits be reduced prior to the end of the twelve (12) month certification period if the applicant reports and verifies employment that meets employment criteria including a minimum of 20 hours per week earning the greater of the state or federal minimum wage.

f. CCAP for a Temporary Active Job Search is limited to one (1) three (3) month period in the twelve (12)month period following the authorization of benefits and no more than two (2) three (3) month periods total per household per life time.

5. Short Term Special Approval due to a Temporary Medical Condition at Recertification

a. At recertification, if an applicant parent or recipient child experiences a serious health condition that results in a temporary need for continued CCAP benefits the family may be eligible for up to two (2) six (6) month extensions of benefits provided:

(1) The parent submits written verification from a licensed health care practitioner, program or facility, qualified to make such a determination, indicating that the parent without an approved activity cannot provide appropriate, routine care of the child due to either the parent's or child's temporary neurophysiological, psychological or emotional disorder, physical impairment, or serious health condition that prevents the parent from providing appropriate care.

(AA) If the need for an extension is based on the child's health condition, a written verification from a licensed health care practitioner, program or facility, qualified to make such a determination indicating that the discontinuation of the CCAP services will have a direct adverse effect on the eligible child's health and well being is required for verification.

(BB) If the need for an extension is based on the parent's health condition, there must be documented evidence from a qualified health care provider or practitioner that the health condition of the parent prohibits both employment and the routine child care activities necessary to maintain the health and safety of the child.

(i) A parent hospitalized as a result of an acute illness or condition, or bedridden while recovering from an illness or condition for a limited period, may be eligible to receive partial or full payment of child care expenses until able to resume employment, subject to the general restrictions of this Section.

(ii) A parent participating in a prescribed remediation or rehabilitation protocol, such as substance abuse treatment, parenting skills training, therapy or counseling, that will lead to the alleviation of the need for services may be eligible to receive partial or full payment of child care expenses during treatment, subject to the general restrictions of this Section. Documentation of a family assessment, conducted by a qualified provider and/or evidence of enrollment/participation in prescribed protocol is required.

b. The temporary extension is limited to income eligible families who have been receiving authorized CCAP services and have lost or are in jeopardy of losing benefits because of the change in approved activity directly related to a short-term verified serious health condition.

(1) The available countable income of the family must remain within income eligibility guidelines during the temporary extension.

c. The temporary extension of benefits under this Section shall be approved, upon initial request, for up to (6) months, and may only be approved for an additional (6) months for a maximum of (12) months if the family provides documentation to the DHS indicating that:

a. The parent's condition will improve during the additional time to the extent necessary for the parent to return to work or participate in their RI Works employment plan, once the extension is over; or

b. The child's permanent placement in a long-term treatment or special needs program cannot be arranged without additional time.

d. In no case shall an extension of benefits related to short-term health conditions serve as an adjunct to or a substitute for services, administered by other government agencies or their designees that provide long-term treatment or otherwise address the special needs of a child. Similarly, an extension of benefits related to the short-term health conditions of a parent are not based on an assessment of whether the successful remediation/rehabilitation can be achieved and shall not be portrayed as such for any purpose. Accordingly, authorization of an extension of CCAP benefits under the requirements set forth in this Section shall not be construed to or in any way mitigate, or otherwise address, the underlying cause (e.g., impairment, serious health condition, etc.) creating the need for services.

218 R.I. Code R. 218-RICR-20-00-4.6

Amended effective 6/19/2019
Amended effective 9/2/2021
Amended effective 2/27/2022
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