Current through Register Vol. 50, No. 6, December 1, 2023
RELATES TO:
KRS
194A.060,
199.894(1),
(5),
199.896,
199.898(1),
(2),
199.8982,
199.899,
214.036,
314.011(5),
337.275,
600.020,
605.120(5),
620.020(10), 7
C.F.R. Part 1463, 20 C.F.R.
Parts 676-678,
34 C.F.R. Part 361, Part
463,
45 C.F.R. Part 98,
205.10(a)(6),
205.50(a)(1)(i),
400.66(d),
7 U.S.C.
2012,
25 U.S.C.
1261,
1401,
5501,
29 U.S.C.
723(a)(5),
34 U.S.C.
20102(c),
38 U.S.C.
1815,
42 U.S.C.
601-619,
1395w-141,
1771-1793,
2000d,
3001,
4950-5085,
8621,
9857-9858q,
9902(2)
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
194A.050(1) requires the
secretary of the Cabinet for Health and Family Services to promulgate
administrative regulations necessary to operate programs and fulfill the
responsibilities vested in the cabinet, qualify for the receipt of federal
funds, and cooperate with other state and federal agencies for the proper
administration of the cabinet and its programs.
KRS
199.892 enables the Cabinet for Health and
Family Services to promulgate administrative regulations to qualify to receive
federal funds under provisions of the federal Social Security Act,
42 U.S.C.
9857-9858q, and to provide for effective
regulation of child care centers.
KRS
199.8994 requires the cabinet to administer
all child care funds to the extent allowable under federal law or regulation
and in a manner that is in the best interest of the clients to be served. This
administrative regulation establishes requirements that enable the Cabinet for
Health and Family Services to qualify for federal funds under the Child Care
and Development Fund, and establishes procedures for the implementation of the
Child Care Assistance Program to the extent that funding is available.
Section 1. Definitions.
(1) "Applicant" means a child's natural or
adoptive parent or an individual caring for a child in loco parentis who is
applying for CCAP.
(2) "Cabinet" is
defined by KRS
199.894(1).
(3) "Change in a circumstance" means a change
that may affect eligibility or benefit amounts, such as:
(a) Beginning or ending employment;
(b) Change in an employer or obtaining
additional employment;
(c) Increase
or decrease in the number of work hours;
(d) Increase or decrease in the rate of
pay;
(e) Increase or decrease in
family members;
(f) Change in
self-employment activity;
(g)
Change in scheduled hours care is needed;
(h) Beginning or ending an educational
activity;
(i) Change in child care
provider;
(j) Change in address or
residence;
(k) Change in marital
status;
(l) Beginning or ending
receipt of unearned income; or
(m)
Enrollment in a certified trade school or an accredited college or
university.
(4) "Child
care" means the provision of care for a child for a portion of a day on a
regular basis, designed to supplement, but not substitute for, the parent or
guardian's responsibility for the child's protection, development, and
supervision.
(5) "Child Care and
Development Fund" or "CCDF" is defined by
45 C.F.R.
98.2.
(6) "Child Care Assistance Program" or "CCAP"
means Kentucky's child care subsidy program providing families, who meet the
eligibility requirements of this administrative regulation, with the financial
resources to find and afford quality child care.
(7) "Child care certificate" is defined by
45 C.F.R.
98.2.
(8) "Child protective services" is defined by
922 KAR 1:330, Section
1(5).
(9) "Child with a special
need" means a child who has multiple or severe functional needs requiring
ongoing specialized care.
(10)
"Employment" means public or private, permanent or temporary work for an
average of twenty (20) hours per week for compensation or as an unpaid job
requirement.
(11) "Family" means an
applicant or parent, a child, and another responsible adult if present,
residing in the same home.
(12)
"Family child-care home" is defined by
KRS
199.894(5).
(13) "Full day" means child care that is
provided for five (5) or more hours per day.
(14) "Good academic standing" means a student
is meeting the trade school, college, or university's requirements for
attendance and satisfactory progress towards the completion of
coursework.
(15) "Health
professional" means a person actively licensed as a:
(a) Physician;
(b) Physician assistant;
(c) Advanced practice registered
nurse;
(d) Qualified mental health
professional as defined by
KRS
600.020(52); or
(e) Registered nurse as defined by
KRS
314.011(5) under the
supervision of a physician.
(16) "Homeless" means an individual or a
family lacking a fixed, regular, and adequate nighttime residence, including a
child experiencing homelessness as defined by
45 C.F.R.
98.2.
(17) "In loco parentis" means a person acting
in place of a parent, including:
(a) A legal
guardian;
(b) An individual related
by blood, marriage, or adoption to the child; or
(c) A nonrelative pursuing legal custody of
the child within one (1) year of application.
(18) "Infant" means a child who is less than
one (1) year old.
(19) "Kentucky
Transitional Assistance Program" or "KTAP" means Kentucky's Temporary
Assistance for Needy Families or "TANF" money payment program established in
921 KAR Chapter 2.
(20) "Parent" is
defined by 45 C.F.R.
98.2.
(21) "Part day" means child care that is
provided for less than five (5) hours per day.
(22) "Preschool child" means a child who has
reached the third birthday up to, but not including, the sixth
birthday.
(23) "Preventive
services" is defined by
KRS
620.020(12).
(24) "Provider" means the entity providing
child care services, such as:
(a) A member of
a limited liability corporation (LLC);
(b) The head of an organization;
(c) An owner of a corporation;
(d) A member of a partnership;
(e) An owner of a business;
(f) An individual provider; or
(g) A stockholder of a stock-holding
company.
(25) "Qualified
immigrant" means a child who meets the requirements of
921 KAR 2:006, Section 1(12) or
5(2).
(26) "Registered provider"
means a child care provider who meets the requirements of
922 KAR 2:180.
(27) "Related" means having one (1) of the
following relationships:
(a) Child;
(b) Stepchild;
(c) Grandchild;
(d) Great-grandchild;
(e) Niece;
(f) Nephew;
(g) Sibling;
(h) Child in legal custody; or
(i) Child living in loco parentis.
(28) "Responsible adult" means a
person other than the applicant who is in the child's household and who is:
(a) The natural parent, adoptive parent, or
stepparent; or
(b) The spouse of an
individual caring for a child in loco parentis.
(29) "School-age child" means a child who has
reached the sixth birthday.
(30)
"State median income" or "SMI" means the estimated median income of households
in the state.
(31) "Supplemental
Nutrition Assistance Program" or "SNAP" means the program, formerly known as
the Food Stamp Program:
(a) Defined by
7 U.S.C.
2012; and
(b) Governed by 921 KAR Chapter 3.
(32) "Teen parent" means a head of
household under the age of twenty (20) and attending high school or obtaining a
GED.
(33) "Toddler" means a child
who has reached the first birthday up to, but not including, the third
birthday.
Section 2.
Application Rights and Requirements.
(1) An
individual may apply or reapply for CCAP through the cabinet or its
designee.
(2)
(a) Unless an applicant is approved according
to the criteria in Section 5 or 6 of this administrative regulation, an
application shall have been made on the date:
1. The following is received at the cabinet
or its designee's office:
a. A signed DCC-90,
Subsidized Child Care Assistance Application Summary; or
b. Submission in accordance with
921 KAR 2:040, Section 1(6);
or
2. The agency is
contacted, if the person:
a. Has a physical
or mental disability; and
b. Needs
special accommodation due to the impairment.
(b) An applicant may designate an authorized
representative who presents identification to make application.
(c) An applicant may be:
1. Assisted by another individual of choice
in the application process; and
2.
Accompanied by the individual in a contact with the agency.
(d) In accordance with the
procedures established in
920 KAR 1:070, interpreter
services shall be provided for persons who are:
1. Deaf; or
2. Hard of hearing.
(e) Interpreter services shall be provided
for a non-English speaking individual in accordance with Section 601 of Title
VI of the Civil Rights Act of 1964,
42 U.S.C.
2000d.
(3) The cabinet or its designee shall not
discriminate against an applicant based on age, race, color, sex, disability,
religious creed, national origin, or political beliefs.
(4) For the month child care payment is
intended to cover, a family shall meet the technical and financial eligibility
criteria, according to its particular circumstances, as described in Sections
3, 4, 5, 6, 7, and 8 of this administrative regulation.
(a) An applicant or recipient shall be the
primary source of information and shall:
1.
Furnish verification of:
a. Income;
b. Technical eligibility; and
c. Employment; and
2. Give written consent to the cabinet or its
designee necessary to verify information pertinent to the eligibility
determination.
(b) Upon
receiving written notice of a request for information or a scheduled
appointment to present required documentation, failure of an applicant or
recipient to respond shall be considered a failure to present adequate proof of
eligibility.
(c) A homeless
household shall have a minimum of three (3) months to verify information in
accordance with 42 U.S.C.
9858c(c)(3)(B)(i).
(5) The cabinet or its designee
shall:
(a) Render a decision on each
application; and
(b) Within thirty
(30) calendar days of receipt of the application submitted in accordance with
subsection (2) of this section, send notice to the applicant in accordance with
Section 12(4) of this administrative regulation.
(6) Each decision regarding eligibility for
assistance shall be supported by documentation recorded in the applicant or
recipient's case record.
(7) A
family shall not receive:
(a) Assistance until
approval of the application for benefits; or
(b) Benefits prior to application.
Section 3. Technical
Eligibility.
(1) A child shall be eligible for
child care assistance, if the child:
(a) Is a:
1. Resident of Kentucky; and
2. U.S. citizen or qualified
immigrant;
(b) Is under
age:
1. Thirteen (13) at the time of
application or recertification; or
2. Nineteen (19) at the time of application
or recertification and is:
a. Physically or
mentally incapable of caring for themselves, as demonstrated by a written
document provided by a health professional;
b. Under court supervision; or
c. Identified as a priority by federal
statute, regulation, or funding source; and
(c) Has a current immunization certificate
showing that the child is immunized, unless:
1. There is an exception pursuant to
KRS
214.036; or
2. The child is attending a:
a. Licensed child-care center;
b. Certified child-care home;
c. Public school;
d. Head Start; or
e. Other entity that requires the
immunization record.
(2) If a child served by the CCAP is not
immunized, child care assistance benefits shall be available or continue for a
period of thirty (30) calendar days following the notification of the needed
immunization while the family takes necessary action to comply with the
immunization requirement.
(3) A
family shall not be eligible for a CCAP benefit if care is provided by:
(a) A parent or stepparent;
(b) A legal guardian;
(c) A member of the KTAP or SNAP case in
which the child in need of child care assistance is included;
(d) A person living in the same residence as
the child in need of care;
(e) A
provider not:
1. Licensed according to
922 KAR 2:090, Child-care center
licensure;
2. Certified according
to 922 KAR 2:100, Certification of
family child-care homes; or
3.
Registered according to
922 KAR 2:180, Requirements for
registered child care providers in the Child Care Assistance Program;
(f) A Head Start program unless
the child care is provided before, after, or in between the Head Start
program's operating hours as wrap-around child care; or
(g) Another child care provider if the family
operates the child care business in the home.
(4) If the restrictions specified in
subsection (3) of this section do not apply to the provider related to the
child, the provider related to the child may be eligible for payment from CCAP
if the requirements of
922 KAR 2:180 are met.
Section 4. Requirements for Low
Income Working Family Eligibility Determination.
(1) A child shall be eligible to receive CCAP
if the child meets the requirements specified in Section 3 of this
administrative regulation and resides with:
(a) An applicant who has employment an
average twenty (20) hours per week;
(b) An applicant and a responsible adult who
have employment an average of forty (40) hours per week combined, if the
individual with the least employment has an average of at least five (5) hours
of employment per week;
(c) An
applicant and a responsible adult if either the applicant or the responsible
adult has employment an average of twenty (20) hours per week, and the other is
physically or mentally unable to provide adequate care or supervision as
documented by a written statement from a health professional;
(d) A relative or fictive kin caregiver
pursuant to
922 KAR 1:565 who meets:
1. All requirements in this section;
and
2. Income eligibility standards
established in Section 8 of this administrative regulation;
(e) A teen parent attending high
school or pursuing a general equivalency degree (GED), including a period of
recess or temporary break up to three (3) months; or
(f) An applicant who meets the eligibility
requirements specified in Section 7 of this administrative
regulation.
(2) A child
shall be eligible to receive CCAP for a minimum of three (3) months or in
accordance with Section 9 of this administrative regulation if the child meets
the requirements specified in Section 3 of this administrative regulation and
resides with:
(a) An applicant who is
homeless;
(b) An applicant who is
engaged in job search;
(c) A
recipient after the loss of employment, a reduction in the required number of
employment hours, or cessation of attendance at a job training or educational
program in accordance with 42 U.S.C.
9858c(c)(2)(N)(iii), to
allow for job search or resumption of work or attendance at job training or
educational program; or
(d) A
recipient on maternity leave or other medical leave from employment as verified
by a health professional, unless a temporary disability as verified by a health
professional necessitates longer than three (3) months of CCAP
eligibility.
(3)
Effective October 24, 2022, to the extent funds are available, a household
shall have all earned and unearned income excluded from the eligibility
determination if an applicant or responsible adult meets the requirements of
subsection (1) of this section and has verified employment in a regulated:
(a) Licensed child-care center; or
(b) Certified family child-care
home.
(4) Compliance
with subsection (1) of this section for an applicant or a responsible adult who
is self-employed shall be determined by dividing income calculated in
accordance with Section 8(6)(d) of this administrative regulation by an hourly
pay rate of no less than minimum wage established in accordance with
KRS
337.275.
Section 5. Requirements for Protection and
Permanency Eligibility Determination.
(1) A
child shall be eligible to receive CCAP if the child:
(a) Resides with an applicant who:
1. Receives child protective or preventive
services; or
2. Needs to receive
child protective or preventive services based upon an assessment conducted by
child protective services staff pursuant to
922 KAR 1:330; and
(b) Meets the requirements listed
in Section 3 of this administrative regulation.
(2) A child shall be approved for child care
assistance by the cabinet in accordance with subsection (1) of this section
without a separate application, as an integral part of a protective or
preventive services plan in accordance with
922 KAR 1:430.
(3)
(a)
Based on the assessment in accordance with
922 KAR 1:330, the cabinet may
waive the family copayment required by Section 11 of this administrative
regulation for a child who participates in CCAP as a result of child protective
services authorization.
(b) If the
cabinet waives the family copayment in accordance with paragraph (a) of this
subsection, the cabinet shall document the reason for the waiver in the child's
protective services case plan.
Section 6. State-Funded Workforce Training
Child Care Eligibility Determination. A child shall be eligible for CCAP if the
child:
(1) Resides with an applicant who is
participating in the:
(a) Kentucky Works
Program established in
921 KAR 2:370; or
(b) Supplemental Nutrition Assistance Program
Employment and Training Program (SNAP E & T) pursuant to
921 KAR 3:042; and
(2) Meets the requirements listed
in Section 3 of this administrative regulation.
Section 7. Education and Job Training Child
Care Eligibility Determination.
(1) To the
extent funds are available, a child shall be eligible for CCAP if the child:
(a) Resides with an applicant who:
1. Is enrolled in:
a.
(i) A
certified trade school or an accredited college or university; or
(ii) A program that leads to a degree or
certification; and
b.
Accordance with subsection (2) of this section;
2. Is in good academic standing with the
trade school, college, or university in which the applicant is
enrolled;
3. Provides verification
of enrollment and good academic standing from the trade school, college, or
university in which the applicant is enrolled;
4. Meets income eligibility criteria of
Section 8 of this administrative regulation; and
5. Has not received CCAP for more than sixty
(60) months due to enrollment in a certified trade school or an accredited
college or university; and
(b) Meets the requirements established in
Section 3 of this administrative regulation.
(2) While an applicant is enrolled in a
certified trade school or an accredited college or university:
(a) The applicant's coursework shall be
completed in-person or online; and
(b) The applicant shall be classified as a
full-time student as defined by the trade school, college, or
university.
(3) An
applicant who does not complete a term at a trade school, college, or
university shall be responsible for the cost of child care tuition for the
term.
Section 8. Income
Eligibility.
(1) A child shall be eligible for
CCAP if the family's income is less than or equal to eighty-five (85) percent
of the SMI as prepared by the U.S. Census Bureau through calendar year 2021 at
initial application, recertification, or recalculation.
(2) Except for a child who is eligible as
specified in Section 5 of this administrative regulation, gross income received
or anticipated to be received by the applicant and responsible adult shall be
considered when the cabinet or its designee determines the family's eligibility
for the CCAP.
(3) A child who is
eligible for CCAP as specified in Section 5 of this administrative regulation
shall be eligible without regard to the family's income.
(4) Excluded income shall be:
(a) KTAP child only payments, including back
payment;
(b) A payment received
from the kinship care program, pursuant to
922 KAR 1:130, including back
payment;
(c) Educational grant,
loan, scholarship, and work study income;
(d) The value of a:
1. Kentucky Works Program supportive services
payment pursuant to
921 KAR 2:017; or
2. SNAP E & T transportation payment
pursuant to
921 KAR 3:042;
(e) The value of United States
Department of Agriculture program benefits including:
1. Donated food;
2. Supplemental food assistance received
pursuant to 42 U.S.C.
1771;
3. Special food service program for a child
pursuant to 42 U.S.C.
1775;
4. Nutrition program for the elderly pursuant
to 42 U.S.C.
3001; and
5. The monthly allotment under
SNAP;
(f) Payment made
directly to a third party on behalf of the applicant or recipient by a
nonresponsible person;
(g) In-kind
income;
(h) Reimbursement for
transportation in performance of an employment duty, if identifiable;
(i) Nonemergency medical transportation
payment;
(j) Highway relocation
assistance;
(k) Urban renewal
assistance;
(l) Federal disaster
assistance and state disaster grant;
(m) Home produce utilized for household
consumption;
(n) Housing subsidy
received from federal, state, or local governments;
(o) Receipt distributed to a member of
certain Native American tribes by the federal government pursuant to
25 U.S.C.
1261,
1401, and
5501;
(p) Funds distributed per capita to or held
in trust for a member of a Native American tribe by the federal government
pursuant to 25 U.S.C.
1261,
1401, and
5501;
(q) Payment for supporting services or
reimbursement of out-of-pocket expense made to an individual volunteering as:
1. Senior health aide; or
2. Member of the:
a. Service Corps of Retired Executives;
or
b. Active Corps of
Executives;
(r) Payment made to an individual from a
program pursuant to 42
U.S.C. 4950 to
5085 if less than the minimum wage
under state or federal law, whichever is greater, including:
1. Volunteers in Service to America
(VISTA);
2. Foster
Grandparents;
3. Retired and Senior
Volunteer Program; or
4. Senior
Companion;
(s) Payment
from the cabinet for:
1. Child foster care;
or
2. Adult foster care;
(t) Energy assistance payment made
under:
1. The Low Income Home Energy
Assistance Program (LIHEAP) pursuant to
42 U.S.C.
8621; or
2. Other energy assistance payment made to an
energy provider or provided in-kind;
(u) The principal of a verified
loan;
(v) Up to $12,000 to Aleuts
and $20,000 to an individual of Japanese ancestry for payment made by the
United States Government to compensate for a hardship experienced during World
War II;
(w) The advance payment or
refund of earned income tax credit;
(x) Payment made from the Agent Orange
Settlement Fund;
(y) Payment made
from the Radiation Exposure Compensation Trust Fund;
(z) Up to $2,000 per year of income received
by individual Native Americans denied from a lease or other use of
individually-owned trust or restricted lands;
(aa) Payment made to an individual because of
the individual's status as a victim of Nazi persecution;
(bb) Income received from temporary
employment from the United States Department of Commerce, Bureau of the
Census;
(cc) A payment received
from the National Tobacco Growers Settlement Trust;
(dd) A Tobacco Loss Assistance Program
payment pursuant to 7 C.F.R.
1463;
(ee) A payment received from a crime victim
compensation program according to the Antiterrorism and Effective Death Penalty
Act of 1996 pursuant to 34
U.S.C. 20102(c);
(ff) A payment made, pursuant to
38 U.S.C.
1815 by the Veteran's Administration, to
children of female Vietnam veterans;
(gg) A discount or subsidy provided to
Medicare beneficiaries pursuant to
42 U.S.C.
1395w-141;
(hh) Any cash grant received by the applicant
under the Department of State or Department of Justice Reception and Placement
Programs pursuant to 45
C.F.R. 400.66(d);
(ii) Reimbursement payment for a vocational
rehabilitation individual participating in Preparing Adults for Competitive
Employment pursuant to 29
U.S.C. 723(a)(5);
(jj) Income or earnings from a program funded
under the Workforce Innovation and Opportunity Act pursuant to
20 C.F.R. Parts
676-678 or 34 C.F.R. Part 361 or 463
;
(kk) Waiver reimbursement in
accordance with
907 KAR 1:170,
907 KAR 1:835, or
907 KAR 7:015 to a parent for the
care of a child in the home; or
(ll) Supplemental Security Income (SSI) for a
child.
(5) Deductions
from gross income shall be:
(a) Actual,
legally obligated child support payment made by the applicant or responsible
adult to a party not living in the family's residence; and
(b) Operating costs to determine adjusted
gross income from self-employment.
(6) Best estimate.
(a) Gross income shall be computed by using a
best estimate of income that may exist in the benefit month.
(b) The following method shall be used to
calculate a best estimate of earned income other than earned self-employment:
1. Cents shall:
a. Not be rounded to the nearest dollar
before adding or multiplying hourly or daily earnings; and
b. Be rounded to the nearest dollar before
adding or multiplying weekly, biweekly, semi-monthly, monthly, quarterly, or
annual earnings;
2.
Unless it does not represent the ongoing situation, income from all pay periods
in the preceding two (2) calendar months shall be used;
3. A monthly amount shall be determined by
adding gross income from each pay period, dividing by the total number of pay
periods considered, and converting the pay period figure to a monthly figure by
multiplying a:
a. Weekly amount by four and
one-third (4 1/3);
b. Biweekly
amount by two and one-sixth (2 1/6); or
c. Semimonthly amount by two (2);
and
4. If income has
recently begun and the applicant or recipient has not received a calendar month
of earned income, the anticipated monthly income shall be computed by:
a. Multiplying the:
(i) Hourly rate by the estimated number of
hours to be worked in a pay period; or
(ii) Daily rate by the estimated number of
days to be worked in the pay period;
b. Converting the resulting pay period figure
to a monthly amount pursuant to subparagraph 3.c. of this paragraph;
and
c. Rounding to the nearest
dollar.
(c)
For a case with unearned income, other than unearned self-employment income, a
monthly amount shall be determined by:
1.
Using the gross monthly amount of continuing, stable unearned income received
on a monthly basis; and
2.
Averaging the amount of unstable unearned income received in the three (3)
prior calendar months, unless it does not represent the ongoing
situation.
(d) For a
case with self-employment income, a monthly amount shall be determined as
follows:
1. If the self-employment enterprise
has been in operation for at least a year, the income shall be prorated by
dividing the income from the last calendar year by twelve (12);
2. If the self-employment enterprise has been
in operation for less than a year, the income shall be prorated by dividing by
the number of months the business has been in existence; and
3. Profit shall be determined by:
a. Rounding the total gross income to the
nearest dollar;
b. Rounding the
total amount of allowable expenses to the nearest dollar;
c. Dividing total gross income and total
amount of allowable expenses separately by twelve (12) or the appropriate
number of months, and rounding the quotients to the nearest dollar;
and
d. Subtracting the rounded
monthly allowable expense quotient from the rounded monthly gross income
quotient.
(e)
If the cabinet or its designee becomes aware of a change in circumstance, the
best estimate shall be recalculated.
Section 9. Continuing Eligibility.
(1) Continued eligibility under the CCAP
shall be recertified at least every twelve (12) months.
(2) Eligibility shall be reviewed at each
twelve (12) month recertification for a child who is placed with a relative or
fictive kin caregiver. A child who is placed with a relative or fictive kin
caregiver shall remain eligible pursuant to Section 5 of this administrative
regulation for as long as the cabinet determines that child care is necessary
in order to prevent child maltreatment or entry into the foster care
system.
(3) Eligibility shall be
reviewed and recalculated if necessary due to a known or reported change in
circumstance.
(4) Unless a
nonrelative is approved as fictive kin pursuant to
922 KAR 1:140 or
922 KAR 1:565 and Section 5 of
this administrative regulation, a nonrelative who is acting in loco parentis
for a child shall be required to show proof of efforts to seek permanent
custody of the child or adopt the child within one (1) year of initial
application as a condition of continued eligibility for CCAP.
(5) In accordance with
42 U.S.C.
9858c(c)(2)(N), if a
family's income does not exceed eighty-five (85) percent of Kentucky's SMI, the
family shall remain eligible for CCAP until recertification in accordance with
this section.
(6)
(a)
1.
Effective March 4, 2022, through August 31, 2022, the cabinet shall implement a
transitional period in the Child Care Assistance Program. A child enrolled
shall continue to receive assistance for three (3) months after becoming
ineligible due to exceeding the income limitations established in Section 8 of
this administrative regulation.
2.
Effective September 1, 2022, to the extent funds are available, the cabinet
shall implement a transitional period in the Child Care Assistance Program. A
child enrolled shall continue to receive assistance for six (6) months after
becoming ineligible due to exceeding the income limitations established in
Section 8 of this administrative regulation.
(b) During the transitional period
established in paragraph (a) of this subsection, the provider shall continue to
receive fifty percent (50%) of the lesser amount of the provider subsidized
rate or maximum payment rate established in the DCC-300, rounded up to the
nearest whole dollar.
Section 10. Payment Rates and Policy.
(1)
(a) To
the extent funds are available, the cabinet shall make payments as listed in
the DCC-300, Kentucky Child Care Maximum Payment Rate Chart.
(b) The rates in the DCC-300 shall represent
the maximum payment rates on a per day, per child, per child care provider
basis.
(c) The maximum payment
rates shall include the following categories:
1. Full day;
2. Part day;
3. Licensed Type I;
4. Licensed Type II;
5. Certified;
6. Registered;
7. Infant/Toddler;
8. Preschool child; and
9. School-age child.
(2) To the extent funds are
available, a licensed or certified provider shall receive:
(a) Five (5) dollars per day beyond the
maximum rate if the provider is accredited by the:
1. National Association for the Education for
Young Children;
2. National Early
Childhood Program Accreditation;
3.
National Association for Family Child Care;
4. Council on Accreditation; or
5. Other accrediting body approved by the
Early Childhood Advisory Council or the cabinet; or
(b) Ten (10) dollars per day beyond the
maximum rate for nontraditional care for providing child care assistance based
on the parent's schedule between:
1. 7 p.m. to
5 a.m. daily; or
2. Friday, 7 p.m.
through Monday, 5 a.m.
(3) To the extent funds are available, a
licensed, certified, or registered provider shall receive a special care rate
of five (5) additional dollars per day beyond the maximum rate for care of a
child:
(a) With a special need; or
(b) Who is age thirteen (13), but under age
nineteen (19) at application or recertification, and is:
1. Physically or mentally incapable of caring
for himself as determined by a health professional; or
2. Under court supervision.
(4) The cabinet or its
designee shall determine the maximum daily reimbursement rate not to exceed the
amount charged to the general public.
(5) A child care provider registered
according to
922 KAR 2:180 shall not be paid
for more than:
(a) Three (3) children
receiving CCAP per day; or
(b) Six
(6) children receiving CCAP per day, if those children are:
1. A part of a sibling group; and
2. Related to the provider.
(6) A family meeting
the requirements of Section 4 or 6 of this administrative regulation shall be
eligible for payment to cover child care needs due to full-time or part-time
enrollment in an educational program.
(7) To the extent funds are available,
required enrollment fees shall be paid no more than three (3) times in a twelve
(12) month period for a family meeting the requirements in Section 5 or 6 of
this administrative regulation.
Section 11. Family Copayment.
(1) Unless a family copayment has been waived
in accordance with Section 5(3) of this administrative regulation, a family of
a child served by the CCAP shall be responsible for a copayment in accordance
with the family copayment table in subsection (3) of this section.
(2) If a court orders a parent of a
CCAP-eligible child to pay a portion of the child's child care expenses, the
court-ordered payment shall be in lieu of the family copayment required by
subsection (3) of this section.
(3)
(a) The cabinet or its designee
shall determine a copayment that a family shall pay to the provider for the
cost of child care, based on the following table:
Family Co-Payment Per Day |
Income Range Monthly |
Family Size 2
Family Co-Pay |
Family Size 3
Family Co-Pay |
Family Size 4
Family Co-Pay |
Family Size 5
or More Family Co-Pay |
With 1 Child |
With 1 Child |
With 2 or more |
With 1 Child |
With 2 or more |
With 1 Child |
With 2 or more |
0 |
899 |
$0 |
$0 |
$0 |
$0 |
$0 |
$0 |
$0 |
900 |
999 |
$0 |
$0 |
$0 |
$0 |
$0 |
$0 |
$0 |
1,000 |
1,099 |
$0 |
$0 |
$0 |
$0 |
$0 |
$0 |
$0 |
1,100 |
1,199 |
$0 |
$0 |
$0 |
$0 |
$0 |
$0 |
$0 |
1,200 |
1,299 |
$0 |
$0 |
$0 |
$0 |
$0 |
$0 |
$0 |
1,300 |
1,399 |
$0 |
$0 |
$0 |
$0 |
$0 |
$0 |
$0 |
1,400 |
1,499 |
$6 |
$5 |
$6 |
$5 |
$6 |
$4 |
$4 |
1,500 |
1,599 |
$7 |
$6 |
$6 |
$6 |
$6 |
$5 |
$5 |
1,600 |
1,699 |
$8 |
$6 |
$7 |
$6 |
$7 |
$6 |
$6 |
1,700 |
1,799 |
$9 |
$7 |
$8 |
$7 |
$8 |
$6 |
$7 |
1,800 |
1,899 |
$10 |
$8 |
$9 |
$7 |
$8 |
$7 |
$8 |
1,900 |
1,999 |
$10 |
$9 |
$10 |
$8 |
$9 |
$8 |
$9 |
2,000 |
2,099 |
$11 |
$10 |
$11 |
$8 |
$9 |
$8 |
$9 |
2,100 |
2,199.99 |
$12 |
$10 |
$11 |
$9 |
$10 |
$9 |
$10 |
2,200 |
2,299.99 |
$12 |
$11 |
$12 |
$10 |
$11 |
$9 |
$10 |
2,300 |
2,399.99 |
$12 |
$12 |
$13 |
$11 |
$12 |
$9 |
$10 |
2,400 |
2,499.99 |
$12 |
$12 |
$13 |
$12 |
$13 |
$10 |
$11 |
2,500 |
2,599.99 |
$12 |
$13 |
$14 |
$12 |
$13 |
$10 |
$11 |
2,600 |
2,699.99 |
$12 |
$13 |
$14 |
$13 |
$14 |
$12 |
$13 |
2,700 |
2,799.99 |
$12 |
$13 |
$14 |
$13 |
$14 |
$13 |
$14 |
2,800 |
2,899.99 |
$12 |
$13 |
$14 |
$14 |
$15 |
$14 |
$15 |
2,900 |
2,999.99 |
$12 |
$13 |
$14 |
$14 |
$15 |
$16 |
$17 |
3,000 |
3,099.99 |
$12 |
$13 |
$14 |
$15 |
$16 |
$18 |
$19 |
3,100 |
3,199.99 |
$12 |
$13 |
$14 |
$15 |
$16 |
$20 |
$21 |
3,200 |
3,299.99 |
$12 |
$13 |
$14 |
$15 |
$16 |
$20 |
$21 |
3,300 |
3,399.99 |
$12 |
$13 |
$14 |
$15 |
$16 |
$22 |
$23 |
3,400 |
3,499.99 |
$12 |
$13 |
$14 |
$15 |
$16 |
$22 |
$23 |
3,500 |
3,599.99 |
$12 |
$13 |
$14 |
$15 |
$16 |
$24 |
$25 |
3,600 |
3,699.99 |
$12 |
$13 |
$14 |
$15 |
$16 |
$25 |
$25 |
(b)
The maximum copayment for an eligible family with more than five (5) members
shall be twenty-five (25) dollars.
(c) In accordance with
45 C.F.R.
98.21, a copayment for an eligible family
shall:
1. Be determined at initial
application or recertification; and
2. Not increase during the twelve (12) month
eligibility period.
Section
12. Family Rights and Responsibilities.
(1) The family of a child served by the CCAP
shall have rights pursuant to
KRS
199.898(1) and
(2).
(2) Unless an alternative program such as
Head Start, state preschool, or state kindergarten is available and accessible
during the time child care is needed, an applicant for a child who receives or
has been approved to receive CCAP benefits shall:
(a) Be offered choice of child care
assistance subject to the availability of state and federal funds;
and
(b) Receive a DCC-94, Child
Care Service Agreement and Certificate.
(3) Upon enrollment or reenrollment with a
provider, an applicant approved in accordance with Section 4 of this
administrative regulation shall sign and return the:
(a) DCC-94; or
(b) DCC-90.
(4) Notification of action.
(a) A DCC-94C, Provider Notification Letter,
shall provide notice to a provider of a child's discontinuation from CCAP or
disenrollment with a provider.
(b)
A DCC-94.1, CHILD CARE Approval/Change Notice, shall provide notice of:
1. A change in the certification period of
child;
2. Approval of an
application; or
3. Continued
eligibility.
(c) A
DCC-105, Child Care Denial/Discontinuance Notice, shall provide notice of:
1. Denial of an application;
2. Discontinuance of a CCAP
benefit;
3. Reason for adverse
action;
4. Citation from an
applicable state administrative regulation; and
5. Information regarding the opportunity to
request an administrative hearing in accordance with Section 18 of this
administrative regulation.
(d) The language on the form shall differ
according to the purpose of the notice described in paragraphs (a) through (c)
of this subsection.
(5)
An applicant for a child served by CCAP shall advise the cabinet or its
designee of a change in a circumstance within ten (10) calendar days of the day
the change is known.
(6) Failure to
report a change in a circumstance may result in a:
(a) Decrease or discontinuance of CCAP
benefits based on the type of change; or
(b) Claim in accordance with
922 KAR 2:020.
(7) An applicant for a child
served by CCAP who fails to cooperate with a cabinet quality control or case
review shall be:
(a) Discontinued from CCAP
benefits; and
(b) Unable to
participate in CCAP until the applicant meets the requirements of the quality
control or case review.
(8) An applicant for a child served by CCAP
shall report to the cabinet or its designee a provider whom the applicant
suspects is not fulfilling requirements in accordance with Section 14(1)(c) of
this administrative regulation.
Section 13. Cabinet Requirements.
(1) The DCC-94 shall:
(a) Be used for child care assistance
provided by a licensed, certified, or registered provider; and
(b) Not be considered a contract, employment,
or grant to the child care provider, but shall be considered assistance to the
applicant pursuant to 45
C.F.R.
98.30(c)(6).
(2) The cabinet or its designee
shall provide consumer information regarding conditions for termination of the
DCC-94 pursuant to KRS
199.8994(6)(b).
(3) The cabinet or its designee shall assure
that a provider of child care assistance funded under the CCDF and other local,
state, or federal funds shall comply with the applicable regulatory
requirements pursuant to:
(a)
922 KAR 2:020, Child Care
Assistance Program (CCAP) improper payments, claims, and penalties;
(b)
922 KAR 2:090, Child-care center
licensure;
(c)
922 KAR 2:100, Certification of
family child-care homes;
(d)
922 KAR 2:120, Child-care center
health and safety standards;
(e)
922 KAR 2:180, Requirements for
registered child care providers in the Child Care Assistance Program;
(f)
922 KAR 2:190, Civil
penalties;
(g)
922 KAR 2:270, Kentucky All STARS
quality-based graduated early childhood rating system for licensed child-care
centers and certified family child-care homes; and
(h)
922 KAR 2:280, Background checks
for child care staff members, reporting requirements, and appeals.
(4) The cabinet or its designee
shall complete a home inspection of a registered child care provider in CCAP in
accordance with 42 U.S.C.
9858c(c)(2)(K)(i)(IV) and
922 KAR 2:180.
(5) If CCAP benefits are reduced or
discontinued due to the shortage of funding, the cabinet shall provide a
minimum thirty (30) calendar day notice to each family receiving child care
assistance.
(6) If the daily
maximum payment rate is reduced due to the shortage of funding, the cabinet
shall provide a minimum thirty (30) calendar day notice to licensed, certified,
or registered providers.
(7) The
cabinet shall send a notice of adverse action at least ten (10) calendar days
in advance of taking adverse action.
(8) In accordance with
45 C.F.R.
98.46, the cabinet shall prioritize child
care assistance benefits as determined by the available funds as follows:
(a) Child protective or preventive services
authorization;
(b) A child with a
special need;
(c) A child
experiencing homelessness as defined by
45 C.F.R.
98.2;
(d) A child in the custody of the
cabinet;
(e) KTAP recipients
participating in the Kentucky Works Program established in
921 KAR 2:370;
(f) Teen parents attending high school or
pursuing a general equivalency degree (GED);
(g) A KTAP recipient attempting to transition
off assistance through employment;
(h) A parent whose KTAP case has been
discontinued during the previous twelve (12) months and who needs child care
assistance in order to accept or retain employment;
(i) A low income working parent; or
(j) A parent in education or training
programs leading to self-sufficiency.
Section 14. Provider Requirements.
(1) A licensed child-care center, certified
family child-care home, or registered child care provider that serves a child
who participates in the CCAP shall:
(a) Sign
and give to the parent for submission to the cabinet or its designee, upon a
child's enrollment or reenrollment with the provider and prior to receiving
payment from the CCAP, the DCC-94;
(b) Report all absences on the DCC-97,
Provider Billing Form, submitted to the cabinet or its designee;
(c)
1.
Maintain the DCC-94E, Child Care Daily Attendance Record, or a cabinet approved
electronic billing system in which the attendance is:
a. Recorded legibly each time the child
arrives and each time the child departs the provider's care; and
b. Signed or electronically recorded legibly
with first and last name by the parent or applicant for the child served by
CCAP; and
2. Submit the
DCC-94E or electronic daily attendance record upon request of the cabinet or
its designee;
(d) Comply
with the applicable regulatory requirements pursuant to:
1.
922 KAR 2:020, Child Care
Assistance Program (CCAP) improper payments, claims, and penalties;
2.
922 KAR 2:090, Child-care center
licensure;
3.
922 KAR 2:100, Certification of
family child-care homes;
4.
922 KAR 2:120, Child-care center
health and safety standards;
5.
922 KAR 2:180, Requirements for
registered child care providers in the Child Care Assistance Program;
6.
922 KAR 2:190, Civil
penalties;
7.
922 KAR 2:270, Kentucky All STARS
quality-based graduated early childhood rating system for licensed child-care
centers and certified family child-care homes; and
8.
922 KAR 2:280, Background checks
for child care staff members, reporting requirements, and appeals;
(e) Complete the cabinet approved
training on billing and the DCC-94E prior to receiving an initial payment from
CCAP; and
(f) Complete, retain on
file, and provide to the CCAP billing section a certificate of completion for
cabinet approved training on billing once during each year of operation or upon
change of the staff member submitting billing information.
(2) A licensed or certified child care
provider shall complete and submit the DCC-94B, Licensed or Certified Provider
Agreement Form, prior to receiving payment from CCAP.
(3) A licensed child care provider shall
maintain written documents with attendance records stating the reason for any
absence of a child receiving CCAP in excess of five (5) absences per month per
child.
(4)
(a) If CCAP records indicate that a certified
family child-care home or a licensed child-care center is operating over
capacity, as specified in
922 KAR 2:100 or
922 KAR 2:120 respectively, by
having two (2) or more shifts, the cabinet shall request an operating plan from
the provider.
(b) An operating plan
in accordance with paragraph (a) of this subsection shall specify:
1. Each employee of each shift;
2. The work hours for each employee of each
shift;
3. The management for each
shift;
4. The work hours for each
management employee of each shift; and
5. The children enrolled for each
shift.
(c) The cabinet
shall approve a provider for overcapacity if:
1. The operating plan meets all requirements
of:
a. For a licensed child-care center,
922 KAR 2:090 and
922 KAR 2:120; or
b. For a certified family child-care home,
922 KAR 2:100; and
2. The provider has had less than
two (2) health, safety, or welfare deficiencies or violations within the
previous twenty-four (24) month period, even if deficiencies were
corrected.
(5) A registered child care provider in CCAP
shall comply with an inspection in accordance with
42 U.S.C.
9858c(c)(2)(K)(i)(IV) and
922 KAR 2:180 conducted by the
cabinet or its designee.
(6) A
provider shall be ineligible for CCAP if the provider:
(a) Was discontinued or disqualified from
participation in a governmental assistance program due to fraud or abuse of the
program;
(b) Has had a previous
ownership interest in a child-care provider, which had a prior certification,
license, registration, or permit to operate denied, suspended, revoked, or
voluntarily relinquished as a result of an investigation or pending adverse
action; or
(c) Is a parent, spouse,
sibling, or child of a previous provider described in paragraphs (a) and (b) of
this subsection, and the previous provider will be involved in the new
provider's operations in any capacity.
Section 15. Other Services. To the extent
funds are available, a child whose family's income is over the income limits
for the CCAP described in Section 8 of this administrative regulation may be
eligible for:
(1) Child care
payments;
(2) Enrollment
fees;
(3) Activity or day trip
fees;
(4) Material fees;
(5) Transportation fees; or
(6) Other items relating to child care
services with prior approval of the cabinet.
Section 16. An improper payment, claim, or
penalty in CCAP shall be handled in accordance with
922 KAR 2:020.
Section 17. Criteria for Nonpayment.
(1) Payment under the CCAP shall:
(a) Not be made to a licensed provider for
more than five (5) absences per child during a month if the provider fails to
verify in writing, and maintain attendance records verifying, that the
additional absences were related to:
1. A
death in the family;
2. An illness
of the:
a. Child; or
b. Applicant; or
3. A disaster verified by utility provider,
local, state, or federal government;
(b) Not be made to a certified provider for
more than five (5) absences per child during a month;
(c) Not be made to a registered provider for
any absences;
(d) Be denied in
accordance with KRS
199.8994(6);
(e) Cease if a family or provider defaults on
a payment in accordance with Section 11 of this administrative regulation or
922 KAR 2:020;
(f) Not be made if a family no longer meets
the technical or financial eligibility requirements under the CCAP;
(g) Not be made to a provider for payment
requests ninety (90) days after the date of service;
(h) Not be made to a licensed or certified
provider for more than ten (10) holidays per calendar year;
(i) Cease if a provider denies:
1. A parent of a child in care, the cabinet,
the cabinet's designee, or a representative of an agency with regulatory
authority:
a. Entry into the provider's
premises during operating hours; or
b. Access to a child in care; or
2. The cabinet, the cabinet's
designee, or a representative of an agency with regulatory authority access to
the provider's records relevant to a:
a.
Cabinet review, including CCAP quality control or case review; or
b. Review by another agency with regulatory
authority;
(j) Not be made to a provider if the
provider's DCC-94E in accordance with Section 14(1)(c) of this administrative
regulation does not support billing for a child reported as served for the same
period of time on the DCC-97;
(k)
Not be made if a licensed or certified provider cares for a child served by
CCAP at a location not specified on the DCC-94; or
(l) Not be made to a provider for a child in
care over the capacity of the provider, as governed by
922 KAR 2:100 or
922 KAR 2:120, unless an
operating plan is approved in accordance with Section 14(4) of this
administrative regulation.
(2) Subject to the availability of state or
federal funds, the cabinet may suspend approval of initial application for
benefits under the CCAP following the priorities established in Section 13(8)
of this administrative regulation.
Section 18. Administrative Hearings.
(1) A CCAP applicant or recipient may request
an administrative hearing regarding eligibility determination, recalculation,
or recertification in accordance with
921 KAR 2:055.
(2) An administrative hearing pertaining to a
matter not specified in subsection (1) of this section may be requested in
accordance with:
(a)
922 KAR 2:260; or
(b)
922 KAR 2:020.
Section 19. Records.
Records of CCAP shall be maintained and disclosed in accordance with:
(1)
KRS
194A.060;
(2)
45 C.F.R.
98.90(e); and
(3)
45 C.F.R.
205.50(a)(1)(i).
Section 20. Incorporation by
Reference.
(1) The following material is
incorporated by reference:
(a) "DCC-90,
Subsidized Child Care Assistance Application Summary", 7/2019;
(b) "DCC-94, Child Care Service Agreement and
Certificate", 07/21;
(c) "DCC-94.1,
CHILD CARE Approval/Change Notice", 10/17;
(d) "DCC-94B, Licensed or Certified Provider
Agreement Form", 04/17;
(e)
"DCC-94C, Provider Notification Letter", 10/17;
(f) "DCC-94E, Child Care Daily Attendance
Record", 07/22;
(g) "DCC-97,
Provider Billing Form", 04/13;
(h)
"DCC-105, Child Care Denial/Discontinuance Notice", 10/17; and
(i) "DCC-300, Kentucky Child Care Maximum
Payment Rate Chart", 10/22.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Cabinet for Health and
Family Services, Department for Community Based Services, 275 East Main Street,
Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m. This
material may also be viewed on the department's Web site at
https://chfs.ky.gov/agencies/dcbs/Pages/default.aspx.
25 Ky.R. 725;
1075; 1375; eff. 11-18-1998; Recodified from 905 KAR 2:160, 2-1-1999; 26 Ky.R.
249; 634; 783; eff. 10-20-1999; 28 Ky.R. 492; 900; eff. 9-25-2001; 29 Ky.R.
2810; 30 Ky.R. 68; 301; 2578; eff. 8-13-2003; 31 Ky.R. 360; eff. 8-24-2004; TAm
eff. 10-29-2004; TAm eff. 8-1-2005; 32 Ky.R. 2191; 33 Ky.R. 500; 802; eff.
9-20-2006; 34 Ky.R. 487; 804; eff. 5-2-2008; 36 Ky.R. 1380; eff. 3-5-2010; 39
Ky.R. 2269; 40 Ky.R. 324; eff. 9-18-2013; 41 Ky.R. 655; 1229; 2003; eff.
4-3-2015; 42 Ky.R. 2673; 43 Ky.R. 55; 255; eff. 8-17-2016; 45 Ky.R. 2284, 2945;
eff. 5-31-2019; 48 Ky.R. 693, 1614; eff. 12-15-2021;
49
Ky.R. 469, 1098; eff. 11/15/2022.
STATUTORY AUTHORITY:
KRS
194A.050(1),
199.892,
199.8994