FAMILY INDEPENDENCE PROGRAM

PART I. General Provisions: Preamble -- Starting RIght Child Care Assistance Program (CCAP) 0850.01. The Rhode Island Family Independence Act of 1997, recognized the importance of access to affordable child care for families making the transition from welfare to economic self- sufficiency. Since then, Rhode Island has become one of the few states in the nation to establish that all families trying to balance the responsibilities of work and family are entitled to affordable, quality child care services.

The Starting RIght Initiative, adopted in 1998, reaffirmed and extended this commitment to include expanding access to developmentally appropriate, early childhood education and support services programs for young children at-risk and their families. The Rhode Island Department of Human Services (DHS) administers the child care programs and the initiatives established to serve these purposes under the auspices of Starting RIght.

0850.01.02 SCOPE AND PURPOSE

REV:09/2007

A. Scope and Purpose of the Starting RIght Child Care Assistance Program:0850.01.02. R.I.G.L. 42-12-23 designates the Department of Human Services as the agency responsible for State programs subsidizing child care services provided to Family Independence Program (FIP) beneficiaries and income eligible working families. The Child Care Assistance Program (CCAP) was established by DHS as part of a broader effort to redesign the State's existing child care subsidy programs (i.e., FIP, low income child care (LICC), and special purpose programs) to further the goals of Starting RIght. Accordingly, the purpose of the Child Care Assistance Program is to:

1) Create an integrated system of child care assistance programs that ensures the seamless delivery of services to eligible children from one week up to thirteen (13) or nineteen (19) years of age, depending on the program requirements;

2) Assist families in obtaining child care assistance by standardizing the CCAP eligibility requirements, streamlining enrollment and payment procedures, and expanding the range of child care providers approved to participate in the program;

3) Ensure that all children participating in the CCAP receive age appropriate and safe child care;

4) Facilitate the development of a network of child care facilities and providers capable of delivering early education and enhanced child care services to young children from income eligible families; and

5) Respond to the diverse needs of children and families by supporting the development of a diverse array of high quality and affordable program models and services.

0850.01.03 DEFINITIONS

REV:01/2004

B. Definitions - 0850.01.03. For the purposes of this administrative rule, the following definitions apply unless otherwise noted.

"Adolescent Self-Sufficiency Collaborative or ASSC" means the State program that provides assistance to teen-age parents engaged in approved education and training programs.

"Approved child care provider" means an individual or program that: (1) has met the requirements established by the Department of Human Services to participate in the CCAP; and (2) entered into a signed and valid agreement with the department specifying the terms and conditions for enrolling eligible children and receiving payment for CCAP allowable child care expenses.

"Central Provider Directory" means the information source maintained by the department about all the child care providers in the State that have met the requirements to be approved to participate in the CCAP and receive payment for authorized child care expenses.

"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 DHS's child care subsidy programs for FIP beneficiaries, income eligible working families (formerly known as the Low Income Child Care Program), teens participating in the ASSC, and special approval cases.

"DHS or department" means the Rhode Island Department of Human Services.

"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.

"Eligible Child" means a 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.

"Family Independence Program or FIP" means the State program, authorized by R.I.G.L. 40-5.1 et. seq., that provides cash assistance and support to families who meet certain requirements. FIP beneficiaries are categorically eligible for fully-subsidized CCAP services if they meet the requirements established in Sections 0850.02.02.- 0850.02.04.

"Office of Child Care" means the unit within DHS responsible for administering the CCAP, approving child care providers participating in the program, and maintaining the CCAP Central Provider Directory.

0850.02 ELIGIBILITY AND AUTHORIZATION OF SERVICES

REV:09/2007

PART II. Eligibility and Authorization of Services -- 0850.02.

Families with incomes at or below 180 percent of the federal poverty level (FPL) who meet the requirements for the Starting RIght Child Care Assistance Program are eligible to receive full or partial payment for child care expenses when delivered by a CCAP approved child care provider. There are two avenues for qualifying for payment of child care expenses through the CCAP: categorical eligibility and income eligibility. Family Independence Program (FIP) beneficiaries, including Adolescent Self- Sufficiency Collaborative (ASSC) participants, who meet all the general requirements established in this rule, are categorically eligible to receive CCAP authorized child care services. Working families and ASSC participants who are not FIP beneficiaries may be income eligible for the CCAP if they meet the requirements set forth in Section 0850.02.05.

0850.02.01 DEFINITIONS

REV:10/2007

A. Definitions: 0850.02.01. For the purposes of this section, the following definitions apply:

"Allowable child care expense" means the total cost of CCAP authorized child care services paid by 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.

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

"Application date" means the date that a signed application for CCAP is stamped as received by a DHS office.

"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. CCAP authorized child care is categorized as full-time (FT), three-quarter time (3QT), half-time (HT), or quarter-time (QT).

"Categorically eligible" means that eligibility for the CCAP has been conferred, by either State law or DHS policy, based on receipt of, or participation in, a particular public benefit/program. Both FIP cash assistance and ASSC program participants receiving FIP cash assistance are categorically eligible for the CCAP if they have met all other general requirements and established a need for services.

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

"Certification period" means the actual period of time that an eligible child may obtain CCAP authorized child care services.

A certification period shall not exceed twelve (12) months in duration.

"Child Care Assistance Unit or CCAU" means the operational unit within the Rhode Island Department of Human Services that determines eligibility, the need for services, and the periods of authorized child care services for income eligible working families and ASSC participants who do not receive FIP cash assistance.

"Dependent child" means any child who is under the age of eighteen (18) years, or nineteen (19) years if an individual with a documented disability, who is not emancipated legally by a court of appropriate jurisdiction.

"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 CCAP income eligibility. Excluded income includes, but is not limited to, the following:

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

* Any payment received under Title II of the Uniform

Relocation Assistance and Real Property Acquisition Policies

Act of 1970;

* Any grant or loan for an undergraduate student for

educational purposes made or insured under any programs

administered by the U.S. Commissioner of Education;

* Payments distributed per capita to, or held in trust for,

members of any Indian tribe under Public law 92-254, Public

Law 93-134 or Public Law 94-540;

* Any benefits received under Title VII, Nutrition Program for

the Elderly, of the Older Americans Act of 1965, as amended;

* 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;

* 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, (Public Law 92-433 and Public Law 93-

150);

* Payments of Experimental Housing Allowance Program made

under Annual Contributions Contracts entered into prior to

January 1, 1975, under Section 23 of the U.S. Housing Act of

1937, as amended;

* Receipts distributed to members of certain Indian tribes

which are referred to in Section 5 of Public Law 94- 114

that became effective October 17, 1975;

* Tax exempt portions of payments made pursuant to the Alaska

Native Claims Settlement Act, Public Law 93-203;

* Foster care payments made by the Rhode Island Department for

Children, Youth and Families;

* The value of food stamp benefits;

* The value of government rent or housing subsidies;

* Income from college work study programs;

* The earned income of a dependent child who is included in

the financial unit;

* A transportation allowance paid under the auspices of a work

or training program, such as Job Search, or a WIA program;

* In accordance with PL 100-485, the refund of taxes under the

earned income tax credit (EITC), or the advance payment of

the EITC;

* Loans and grants, such as scholarships, obtained and used

under conditions that preclude their use for current living

costs;

* Monies received under the federal Social Security Persons

Achieving Self-Sufficiency (PASS) program or the Income

Related Work Expenses (IRWE) program;

* The income of the parents with whom a teen parent(s)

resides;

* Section 8 Utility Payment; and

* Veterans Aid and Attendant Allowances

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

"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 DHS has determined, upon verification, to be a relative of acceptable degree to the parent(s) requesting CCAP authorized services. The financial unit determines family size for the purposes of determining income.

"FIP unit" means the operational arm of the Rhode Island Department of Human Services responsible for determining whether categorically eligible FIP beneficiaries, including those who are also ASSC participants, meet the CCAP general and need for services requirements. The FIP Unit also determines CCAP eligibility for families making the transition off FIP cash assistance.

"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:

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

* Adjusted gross income from self-employment;

* Social Security Benefits (RSDI);

* Supplemental Security Income (SSI);

* Dividends or interest on savings or bonds;

* Income from estates or trusts;

* Adjusted Gross Rental Income;

* Adjusted Gross Room and Board Income;

* Public assistance or FIP cash assistance payments;

* Unemployment Compensation;

* Temporary Disability Insurance (TDI);

* Workers' Compensation;

* Government civilian employee or military retirement;

* Cash payouts for waiving employer sponsored health

insurance;

* Private pensions or annuities;

* Adoption subsidies;

* Alimony;

* Child support payments;

* Regular contributions from persons not living in the

household;

* Royalties;

* Strike Benefits;

* Trade Readjustment Allowance;

* VA Compensation Payments;

* VA Educational Benefits;

* Spousal/Dependent Allowances;

* Military Allotments;

* In-Kind Assistance; and

* Alien Sponsor Income.

"Income eligible" means that CCAP eligibility is determined on the basis of income, within the limits prescribed in State law, as well as certain general requirements and the need for services.

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

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

"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 CCAP authorized child care services.

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

"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 person seeking CCAP authorized services for a dependent child is considered to be a parent for CCAP eligibility purposes if so deemed for any other Department of Human Services program(s). 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 under the FIP rules of relationship as defined in Section 0806.15 of the DHS Code.

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

"School-Age child" means a child up to the age of thirteen (13), enrolled in at least the first grade in a public or private school program. Certain children with special needs may be categorized as school age up to the age of nineteen (19) and qualify for CCAP child care services.

"Short-term Special Approval or SSACC" means CCAP child care authorized for an otherwise ineligible child or parent as a result of a documented serious health condition or related circumstance in the family that creates an immediate need to initiate or continue CCAP authorized child care services on a temporary basis, as provided in Section 0850.02.06 of this rule.

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

"Two-parent home" means a family in which the two parents live in the same legal household as, and share financial responsibility for, the applicant child/children.

0850.02.02 GENERAL ELIGIBILITY REQUIREMENTS

REV:09/2007

B. General Eligibility - 0850.02.02: For a child to be eligible to participate in the Child Care Assistance Program, the family applying for CCAP services shall meet the general requirements set forth in this section as well as the specific requirements pertaining to categorical and income eligibility.

1) Base Eligibility Requirements. To be eligible for the CCAP, all applicants must provide the documentation to show the following requirements have been met:

a) Age of applicant child(ren). The child to receive CCAP services shall be over one (1) week old and below the age of thirteen (13) years unless the following circumstances apply:

i) The child is thirteen (13) up to nineteen (19) years old and has a documented physical or mental disability which makes the child incapable of self-care; or

ii) The child is under age thirteen (13) and would be considered a dependent child for the purposes of FIP except for the receipt of Supplemental Security Income, or foster care services under Title IV-E. This subrule applies only in those instances in which child care is necessary for a parent to accept or retain employment or to participate in a FIP approved education or training program.

b) Relationship. The applicant child(ren) must live in the home of the parent requesting CCAP services. The relationship between the adult applying for CCAP services and each applicant child must meet the broad definition of parent as set forth in this rule.

c) Cooperation with the Office of Child Support Services. The Social Caseworker must refer all families with any absent parent(s) to the Office of Child Support Services. As a condition of eligibility, the parent/caretaker relative is required to cooperate in establishing paternity, and in establishing and/or enforcing child support and medical support orders for all children in the family, unless the parent/caretaker relative is found to have good cause for refusing to comply with these requirements.

An explanation must be given by the agency that the parent/caretaker relative must assist DHS and the Office of Child Support Services by providing all relevant information in seeking support from a person who has a legal duty to support the child(ren) and/or in establishing paternity and seeking support from the putative father unless good cause for refusing to do so is determined to exist. An AP-35-CCAP containing this information is included with all CCAP-1 Applications for Assistance.

The DHS agency representative refers the applicant's case to the Office of Child Support Services after approval of eligibility via completion of an Absent Parent (ABSP) panel for each absent parent. If a good cause for refusal has been determined in accordance with the requirements outlined in sub-section d) below, the DHS agency representative codes the appropriate fields in the ABSP panel.

i) An applicant or recipient must cooperate with the agency for all children in the family (unless good cause for refusing to do so has been determined to exist) in:

Identifying and locating the parent of each child;

Establishing the paternity of any child born out of

wedlock;

Obtaining support payments for the applicant or

recipient and for all children; and

Obtaining any other payments or property due the

applicant or recipient or the child(ren) of any

absent parent.

ii) In order for the applicant to be found cooperative in achieving the above objectives, the applicant must, at the request of the Office of Child Support Services:

Appear, as necessary, to provide verbal or written

information or documentary evidence, known to,

possessed by, or reasonably obtainable by her/him.

Appear as a witness at court or other hearings or

proceedings, as necessary.

Provide information, or attest to the lack of

information, under penalty of perjury.

d) Consequences of Non-cooperation with OCSS. The failure of a parent/caretaker relative to cooperate with the Office of Child Support Services in establishing paternity or in establishing, modifying, or enforcing a support order with respect to a child, when the applicant does not qualify for good cause, results in the closure or denial of all CCAP benefits.

All applicant children are found to be ineligible for benefits, if the parent/caretaker relative fails to cooperate with OCSS with regards to any child in the household.

The Office of Child Support Services notifies the DHS representative of failure to cooperate with that agency and the DHS representative must take the necessary action on the case.

The closure or denial of the CCAP case and the ineligibility of the applicant child(ren) in all subsequent CCAP applications, shall continue until the parent/caretaker relative who refused to comply with child support cooperation requirements consents to and cooperates with the agency in satisfying those requirements. Once the applicant has satisfied the requirements of cooperation with the Office of Child Support Services, the applicant may re-apply for CCAP. The Office of Child Support Services will notify DHS of such compliance for appropriate follow-up by the DHS representative. A pending letter will not be generated for any application filed by a client who is currently non-cooperative with OCSS.

e) Good Cause for Refusing to Cooperate. Every applicant is given an opportunity to claim good cause for refusing to cooperate. CCAP applicants may claim good cause for refusing to cooperate by checking the appropriate box on the CCAP-1 application and by sending in the WVR-CCAP form, which is included with the application.

If good cause is claimed, the applicant is referred to the Domestic Violence Advocate who will conduct the Family Violence Option Assessment as soon as possible (as described in sub- section e) below); or, if the client refuses the referral, s/he is advised that s/he must state the basis of the claim and present corroborative evidence within twenty (20) days of the claim; or, s/he must provide sufficient information to enable the investigation of the existence of the circumstance; or, provide sworn statements from individuals to support the claim as specified on the AP-35-CCAP.

A determination of good cause is based on the findings of the Domestic Violence Advocate; or, evidence supplied which establishes the claim; or, an investigation by the agency of the circumstance which confirms the claim; or, a combination of evidence and investigation; or, when the claim is one of anticipated physical harm without evidence, the investigation supports the credibility of the claimant. The determination as to whether good cause does or does not exist should be made within thirty (30) days of the good cause claim unless the record documents that the agency needs additional time because the information required to verify the claim cannot be obtained within the time standard.

If the reason that the information is not available is that the client did not present the corroborative evidence within twenty (20) days of the claim, the record must document that the agency determined that the applicant required additional time to obtain the evidence, the amount of additional time allowed, and that this decision had supervisory approval. The final determination that good cause does or does not exist, including the findings and basis for the decision, must be included in the CLOG.

The DHS representative will obtain verification and/or conduct an investigation in order to make the determination. If sufficient information to conduct an investigation is provided, an otherwise eligible applicant is provided assistance (or assistance is continued) pending the final determination on the good cause claim.

i) When Cooperation Not in Best Interest. Cooperation is determined to be against the best interest of the child(ren), if:

The applicant's cooperation is reasonably

anticipated to result in physical or emotional harm

to the child, mother, or other relative with whom

the child is living. (Physical or emotional harm

must be determined to be of a genuine and serious

nature. The mere belief that cooperation would

result in harm is not sufficient basis for a finding

of good cause. The emotional harm to the mother

must be of such a serious nature that the capacity

to care for the child adequately would be reduced.);

It would be harmful to the child for whom support

would be sought because the child was conceived as a

result of incest or forcible rape; or

Legal proceedings for adoption of the child are

pending before a court of competent jurisdiction; or

The applicant is currently being assisted by a

public or licensed private social agency to resolve

the issue of whether to keep the child or release

him/her for adoption and the discussions have not

gone on for more than three (3) months; or

There is anticipated physical harm to the parent

without corroborative evidence.

ii) Corroborative Evidence of Good Cause. Corroborative evidence upon which a determination of good cause is based without further agency investigation is limited to documents similar to the following, which must be presented within twenty (20) days of the claim:

Birth certificates, medical, or law enforcement

records which indicate that the child was conceived

as a result of incest or forcible rape.

Court documents or other records which indicate that

legal proceedings for adoption are pending before a

court of competent jurisdiction.

Court, medical, criminal, child protective services,

social services, psychological, or law enforcement

records which indicate that the putative father or

absent parent might inflict physical or emotional

harm on the child or caretaker relative.

Medical records which indicate emotional health

history and present emotional health status of the

caretaker relative (parent or loco parentis) or the

child for whom support is sought or, written

statements from a mental health professional

indicating a diagnosis or prognosis concerning the

emotional health of the caretaker relative or the

child for whom support is sought.

A written statement from a public or licensed

private social agency that the applicant is being

assisted by the agency to resolve the issue of

whether to keep the child or release him/her for

adoption, and the discussions have not gone on for

more than three (3) months.