Current through Reg. 50, No. 187; September 24, 2024
(1) Definitions. The following definitions
are applicable to all rules under Chapter 6M-4, F.A.C.
(a) "Authorization Period" means the period
the family is authorized to receive services once the family is determined to
meet all the eligibility requirements.
(b) "Child Care Authorizations" and
"referrals" means the forms received from recognized referring entities
authorizing the need for child care services.
(c) "Earned Income" means the gross
remuneration resulting from work, professional service or self-employment. This
includes commissions, bonuses, back pay awards, and the cash value of all
remuneration paid in a medium other than cash.
(d) "Parent" means a person who has legal
custody of a minor as a:
1. Natural or
adoptive parent;
2. Legal
guardian;
3. Person who stands in
loco parentis to the minor; or
4.
Person who has legal custody of the minor by order of a
court.
(e) "Payment
certificate" means the document issued by the coalition authorizing School
Readiness payment for a specific child to a specified child care provider for a
defined period.
(f) "Person who
stands in loco parentis" means a responsible adult with whom the child lives,
who is responsible for the day-to-day care and custody of the child when the
child's parent by blood, marriage, adoption or court order is not performing
such duties.
(g) "Purpose for care"
means the reason the parent needs care, such as employment, education and
training, job search as indicated on a valid Department of Children and
Families (DCF) or Workforce Child Care Authorization form, work activity,
respite services, child protection, seasonal work, disability and special
needs.
(h) "Re-establishment Period
for Purpose of Care" refers to the period where the family continues to receive
services during a temporary change.
(i) "Special Needs" means a child who has
been determined eligible as a child with a disability in accordance with
Chapter 6A-6, F.A.C., and is participating in a program for children with
disabilities provided by the school district or a child who has an
individualized educational plan (IEP) or family support plan (FSP).
(j) "Suspend" means to temporarily
discontinue services for the parent when the parent intends to resume an
eligible education/training or work activity that has a change that exceeds
three (3) months or the child temporarily does not need school readiness
services offered by the coalition.
(k) "Unearned Income" means income other than
earned income that includes documented alimony and child support received,
social security benefits, Supplemental Security Income (SSI) (excluding SSI
payments when a child is the recipient), worker's compensation benefits,
reemployment assistance or reemployment compensation benefits, veteran
benefits, retirement benefits, temporary cash assistance under Chapter 414,
F.S., and cash gifts received regularly. Regularly means a definite pattern and
at uniform intervals of time.
(2) Authorization period and purpose for
care. A family's eligibility for school readiness services depends on an
established purpose for care. A coalition must authorize services in accordance
with the family's purpose for care. During the authorization period the child
shall be considered eligible and shall receive services at least at the same
level, regardless of a change in family income remaining at or below 85% SMI or
a temporary change in the ongoing status of the child's parent as working or
attending a job training or educational program.
(a) A temporary change includes:
1. Any time-limited absence from work for an
employed parent due to reasons such as 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;
5. Any other
cessation of work or attendance at a training or education program that does
not exceed three (3) months;
6. Any
change in age, including turning 13 years old during the eligibility period;
and,
7. Any change in residency
within the state.
(b)
Twelve-month authorization period. The coalition shall authorize at-risk,
Economically Disadvantaged, Special Needs children, and a parent who has an
Intensive Service Account or an Individual Training Account under Section
445.009, F.S., for 12-months of
child care funding.
1. At-risk. Eligibility
is based on a documented child care authorization from the Florida Department
of Children and Families (DCF) or its contracted provider, DCF-designated Lead
Homeless Coalition Continuum of Care agency or Certified Domestic Violence
Center. "At Risk Child" is defined in Section
1002.81(1),
F.S.
a. Child care authorizations for at-risk
and protective services categories shall be valid for the duration determined
by the referring entity.
b. A child
may continue to maintain eligibility under the at-risk or protective services
categories as long as there is a current and valid child care authorization.
Each time a child care authorization is renewed during the 12-month
authorization of child care funding, child care services will continue in
increments defined by the referring agency. If an additional referral is
granted to the parent that extends the purpose for care beyond the initial
12-month authorization period, the coalition shall authorize the parent for an
additional 12-month authorization period.
2. Intensive Service Account or an Individual
Training Account under Section
445.009, F.S. Eligibility is
based on a documented child care authorization from the local workforce
development board or its contracted provider, as defined in Section
445.009, F.S.
a. Child care authorizations for a parent
with an Intensive Service Account or an Individual Training Account shall be
valid for the duration determined by the referring entity.
b. A child may continue to maintain
eligibility under the Intensive Service Account or an Individual Training
Account category as long as there is a current and valid child care
authorization. Each time a child care authorization is renewed during the
12-month authorization of child care funding, child care services will continue
in increments defined by the referring agency. If an additional referral is
granted to the parent that extends the purpose for care beyond the initial
12-month authorization period, the coalition shall authorize the parent for an
additional 12-month authorization period.
3. Economically disadvantaged. To be eligible
under this category the family must meet the following requirements -
a. Family Income. The family's income, as
defined in Section 1002.81(8),
F.S., must be at or below 150 percent of the Federal Poverty Level (FPL) for
initial eligibility and 85 percent State Median Income (SMI) for continued
eligibility. If 85 percent of the State Median Income (SMI) is less than 150
percent of the FPL, then 85 percent of the SMI is the income threshold for
entry into the school readiness program.
b. Assets. A family shall not have assets
that exceed one million dollars (as certified by the family member applying for
services). This applies to all children funded with Child Care Development
Block Grant funds.
c. Working
Family. The family must also meet the definition of "Working Family" as defined
by Section 1002.81,
F.S.
4. Special needs. To
be eligible under this category, a child must be age three to kindergarten
admission and have documentation of an individual education plan from the local
school district.
(c)
Authorization period less than twelve months. The following authorization
periods apply for children being served in other categories. Parents must also
maintain compliance with statutory requirements specific to the program, as
monitored by the referring agency.
1. Relative
Caregiver Program and the Guardianship Assistance Program. A child may continue
to maintain eligibility under the Relative Caregiver or Guardianship Assistance
programs if, upon closure of the protective services case, the guardian is in
receipt of Relative Caregiver Assistance or Guardianship Assistance payments
for the child in need of school readiness services. A child may continue to
maintain eligibility under the Relative Caregiver or Guardianship Assistance
programs for up to 12-months for initial and subsequent authorizations, as
determined by the coalition, as long as the parent is in receipt of Relative
Caregiver or Guardianship Assistance payments.
2. Welfare Transition Program, Temporary Cash
Assistance, and Transitional Child Care/Non-Temporary Cash Assistance.
Eligibility is based on a documented child care authorization issued by DCF or
the local workforce agency. All children eligible under the Temporary Cash
Assistance, Temporary Cash Assistance Respite, and Temporary Cash Assistance
Applicant programs will be authorized for child care funding for the period
indicated by the referring agency's child care authorization. The parent no
longer maintains purpose for care under this eligibility category upon child
care authorization expiration or upon notification of termination from the
referring agency to the coalition, whichever comes
first.
(3)
Re-establishment period for purpose of care. When a parent experiences a loss
in purpose for care, the coalition must provide the parent a three (3) month
period to re-establish purpose for care, at which time the parent must meet
purpose for care to remain eligible. If the child served is subject to
twelve-month eligibility, then the child will remain eligible for the remainder
of the twelve-month authorization period. The child shall continue to receive
services at the same level and provider shall continue being reimbursed during
the three (3) month re-establishment period.
(a) At-risk, relative caregiver, welfare
transition program and Intensive Service Account or an Individual Training
Account participant. The parent no longer maintains the current purpose for
care upon the child care authorization's expiration or upon notification of
termination from the referring agency to the coalition, whichever comes first.
The coalition or contracted designee shall inform the parent and DCF or local
workforce referral agency that when the child care authorization expires or is
terminated the parent will have three (3) months to provide documentation to
establish a purpose for care under the same eligibility category or another
eligibility category to continue to receive services.
(b) Economically disadvantaged. The parent no
longer maintains purpose for care upon cessation of employment, attendance at a
job training or education program.
(c) The time period that surpasses the
initial authorization will be counted toward the subsequent authorization
period.
(d) A family will not be
limited to a single three (3) month period to reestablish a purpose of
care.
(4)
Redetermination. All redetermining eligible At-risk, Economically
Disadvantaged, Special Needs children and Intensive Service Account or an
Individual Training Account participants, will be authorized for 12-months of
child care.
(a) Family Income. The family's
income must remain at or below 85 percent of the State Median Income (SMI) as
the upper level of the program subsidy support to be eligible for a subsequent
authorization.
(b) All
redetermining clients are subject to the graduated phase-out requirements
defined by subsection
6M-4.400(3),
F.A.C. if the family unit income increases to above 150% FPL and remains at or
below 85% SMI.
(c) Parents and
providers must be notified if, as a result of any redetermination, a child is
determined ineligible for the program within two weeks.
(5) Notification to parents. The coalition or
contracted designee shall notify the parents of their responsibility and the
method to notify the coalition or contracted designee within 14 calendar days
of any change of circumstances related to:
(a)
Address;
(b) Change in work or
education status;
(c) Family
size;
(d) Failure to maintain
attendance at a job training or education program;
(e) Income exceeds 85% of the state median
income (SMI).
(6) Payment
Certificate. Upon determination of eligibility, a parent shall be given a
payment certificate to submit to an eligible child care provider to enroll the
child in its school readiness program. The payment certificate shall at a
minimum include the child(ren) for whom a coalition authorized child care, the
provider the family selected, signatures of both the beneficiary and school
readiness provider representative, the assessed parent copayment for each
eligible child, the authorized hours of care and the authorized begin and end
dates for school readiness services.
(7) Transfer of School Readiness Services.
Eligible families shall continue to receive school readiness services during
the 12-month authorization period due to a change in residence within the state
to a different coalition service area.
(a) The
school readiness funding shall transfer to the coalition service area that the
family relocates to. Funding shall reflect the remaining balance of 12-month
authorization. Transferring families are subject to the same documentation
requirements found under subsection
6M-4.208(4),
F.A.C. The coalition shall make every effort to coordinate with the
transferring coalition to obtain documents that would be valid regardless of
the location of the coalition, such as birth certificates, shot records or
proof of parental relationship.
(b)
The parent copayment may not be increased due to a transfer of services outside
of the coalition service area, unless the family is in graduated phase-out at
the time of the coalition transfer in accordance with subsection
6M-4.400(3),
FAC.
(c) The coalition service area
of transfer will be responsible for the redetermination of eligibility at the
end of the original 12-month authorization period.
(d) If the family transfers during a
reestablishment period for purpose of care, the family must reestablish a
purpose of care by the end of that same three (3) month period for services to
be continued in the new coalition service area.
(8) Termination of School Readiness Services.
Services shall be discontinued for a family prior to the end of the 12-month
authorization period under limited circumstances. The family and provider will
be notified of disenrollment at a minimum of two weeks prior to termination of
services or at the end of the current authorization period, whichever comes
first. The notification to the parent shall include the reason for termination.
Qualifying events for termination include:
(a)
Excessive unexplained absences that exceed 10 calendar days during a total
month of attendance. The coalition shall document three attempts to contact the
family and the provider regarding excessive absences prior to
disenrollment.
(b) Substantiated
fraud or intentional program violation determined by the coalition or its
designee pursuant Sections
1002.91 and
1002.84(18),
F.S.
(c) A change in residency
outside of the State of Florida.
(d) Purpose of care is not reestablished at
the end of a three (3) month period.
(e) The family income exceeds 85% of the
current state median income.
Rulemaking Authority
1001.02 FS. Law Implemented
1002.81(1), (8),
(16),
1002.82(2)(f),
1002.87(1), (5),
(6)
FS.
New 4-21-03, Formerly 60BB-4.200, Amended 7-31-14,
12-18-16, 8-20-18, 6-11-20, 11-23-21.
