(A)
(1)
Child Care Referral Eligibility. The Department of
Transitional Assistance determines eligibility referrals for child care
services for individuals who have an approved Employment Development Plan (EDP)
or an Extension Agreement and who meet the participation requirements of 106
CMR 707.115, or who are former clients in accordance with 106 CMR
707.210(A)(1)(f). The following individuals shall be eligible for child care
referral services:
(a) an employed TAFDC
grantee or a teen parent who is not the grantee who:
1. is included in the assistance unit;
or
2. would be included in the
assistance unit, but for a sanction due to noncooperation with the TAFDC child
support requirements in accordance with 106 CMR 703.500:
TAFDC
Cooperation with Child Support Requirements or immunization
requirements in accordance with 106 CMR 703.160:
TAFDC
Immunizations and who is required to meet the Work Program
requirements in accordance with 106 CMR 703.150:
TAFDC Work
Program.
Referral for such child care services may be authorized as long
as the individual is employed and receives TAFDC;
(b) a TAFDC grantee, or a teen parent who is
not the grantee who is required to participate in an ESP component activity or
has volunteered to participate in an ESP component activity, including
self-initiated educational activities included on the individual's EDP who:
1. is included in the assistance unit;
or
2. would be included in the
assistance unit, but for a sanction due to noncooperation with the TAFDC child
support requirements in accordance with 106 CMR 703.500: TAFDC
Cooperation with Child Support Requirements or immunization
requirements in accordance with 106 CMR 703.160: TAFDC
Immunizations and who is required to meet the Work Program
requirements in accordance with 106 CMR 703.150: TAFDC Work
Program;
(c) a
teen parent receiving SSI or a teen parent for whom state and/or federal
foster-care maintenance payments are being provided, and the teen parent
receives TAFDC for his or her children;
(d) a grantee who is no longer receiving
TAFDC benefits, but is meeting the participation requirements for an ESP
education or training activity that began before the TAFDC case closed. These
child care services will end on the date the ESP education or training activity
ends or six months after the date the TAFDC case closed, whichever date is
sooner;
(e) a TAFDC grantee who is
ineligible because of his or her noncitizen status, but who is required by the
Department to participate in the ESP TAFDC Community Service component in
accordance with 106 CMR 703.150(A): Requirements;
(f) a former TAFDC grantee who is currently
employed and whose TAFDC case closed within the prior 12 months. A grantee who
is terminated from TAFDC shall be eligible to receive a referral for
Transitional Child Care (TCC) services at any time during the 12 consecutive
months from the date the TAFDC case closed regardless of his or her ESP
participation when:
1. he or she is employed
at the time of the TCC referral;
2.
he or she cooperates with the child support enforcement requirements, unless
good cause for refusing to cooperate is determined to exist in accordance with
106 CMR 703.520: TAFDC Establishment of Good Cause;
and
3. all necessary information to
determine eligibility for a TCC referral is provided; and
(g) an individual who is ineligible for TAFDC
in accordance with
106 CMR
701.110(D), but has a
dependent child receiving TAFDC benefits, and the individual is:
1. employed;
2. required to meet the Work Program
requirements in accordance with 106 CMR 703.150: TAFDC Work
Program; or
3. required to
participate in an ESP component or has volunteered to participate in an ESP
component, including self-initiated educational activities included on the
individual's EDP.
If child care payment is provided by some other source, such as
child care provided as part of a WIA Title I-funded education, skills training
program or VISTA, the individual shall not be eligible for a child care
referral from the Department.
(2)
Child Care Referral
Authorization While Waiting to Start an Activity. A child care
referral may be authorized for no more than two weeks while a client is waiting
to start an activity.
A child care referral may be authorized for no more than one
month when existing child care arrangements would be lost while the client is
scheduled to begin a new component activity or resume a current activity within
the month.
These provisions cover:
(a) individuals who are eligible for child
care referral services;
(b)
individuals who are work-sanctioned and trying to cure the sanction;
and
(c) individuals who have
applied for an extension of benefits beyond the 24-month period in accordance
with 106 CMR 703.210: TAFDC Dependent Child: Pregnancy and who
are meeting the Job Search/Job Readiness component requirements as provided in
106 CMR 707.130.
(3)
Child Care Eligibility for ESP Participants, Employed Clients or
Employed Former Clients. An ESP participant, employed client or
employed former client may receive a referral for child care services for his
or her dependent child, including a foster child, when the child is in the home
and is:
(a) younger than 13 years
old;
(b) 13 years of age or older
and physically or mentally incapable of caring for himself or herself, as
certified by a competent medical authority as defined in 106 CMR 701.600:
Definition of Terms;
(c) under court supervision; or
(d) a child receiving SSI who, except for SSI
eligibility, would be eligible for TAFDC.
(4)
Sources, Authorization and
Payment of Child Care Services. Child care services are
authorized, arranged, and coordinated by designated agencies contracted with
the Department of Early Education and Care (EEC). The child care options are
explained to the individual by the contracted agencies. Payment for child care
services is made by EEC, in accordance with EEC regulations and
policies.
(5)
Verification. An ESP participant, employed client or
former client as described in 106 CMR 707.210(A)(1), must verify his or her ESP
participation or wages to the Department at time periods determined by the
Department on a form prescribed by the Department and signed by the employed
client or former client, or the ESP participant and the ESP component activity
provider.
(6)
Termination or Reduction of Child Care, or Denial of Child Care
Referral. The Department may terminate or reduce child care, or
deny a referral for child care services for circumstances including, but not
limited to, the following:
(a) the ESP
participant no longer meets the participation requirements as provided in
106 CMR
707.115; or
(b) the former client is no longer employed.
When the Department terminates or reduces child care, the
Department shall send the client or former client and the local agency
contracted with EEC a timely notice of the termination or reduction in
accordance with 106 CMR 343.140: Time Limits. The client or
former client may appeal any reduction or termination of child care
eligibility, in accordance with 106 CMR 343.230: Grounds for Appeal
and 106 CMR 343.250: Continuation of Benefits Pending
Appeal. When an appeal is received within the advance notice period,
the benefits may be provided in accordance with 106 CMR 343.250, and 106 CMR
343.640: Implementation of the Appeal Decision. Assistance
provided pending the appeal is subject to recoupment by EEC. The client or
former client may not appeal to the Department any issue regarding payment for
child care.
When a referral for child care services is denied, the
applicant, client, or former client shall be sent a notice of denial and of the
right to appeal in accordance with 106 CMR 343.00: Fair Hearing
Rules.
The only appealable issue shall be whether or not the
applicant, client or former client is eligible for a referral for child care
services as provided in 106 CMR 707.210(A).
(B)
Transportation Payments.
(1)
Eligibility.
Transportation payments are available to ESP participants who have an approved
EDP, subject to available funding, and the participant is:
(a) meeting the participation and
verification requirements as provided in
106 CMR
707.115;
(b) not receiving or eligible to receive
transportation payments for the same costs from some other source, such as a
WIA Title I-funded program or an educational loan or grant; and
(c) meeting participation requirements in an
ESP education or training activity whose duration has lasted beyond the end of
his or her 24-month time-limited benefits. These payments shall last no longer
than 60 days beyond the end of the 24-month time-limited benefits
period.
(2)
Allowable Costs. Allowable costs for transportation
payments may be reimbursed to eligible ESP participants.
(a) Participants who use the Massachusetts
Bay Transportation Authority (MBTA) system shall be reimbursed for the verified
costs to the participant to go to and from the activity. The payments may also
include the participant's verified costs of transporting a dependent to and
from child care. A month's reimbursement payment is based on the participant's
verified actual participation for that month. The total payment reimbursed for
the month, however, shall not exceed an amount allowed by the
Department.
(b) Participants who do
not use the MBTA system, but use, for example, the participant's own or some
other person's automobile, shall be reimbursed for the verified transportation
costs to and from the activity based on his or her verified participation. The
payments may also include the participant's verified costs of transporting a
dependent to and from child care. The total transportation payment reimbursed
for the month, however, shall not exceed an amount allowed by the
Department.
(3)
Verification.
(a)
Transportation costs may be paid to the individual at the start of the activity
or employment in advance of their verified participation. The activity or
employment scheduled start date shall be verified by the activity provider or
employer. An advance transportation payment shall be calculated based on the
scheduled start date, the number of days the individual is scheduled to
participate in the activity or work for the first month and the MBTA fare or
other transportation method costs to and from the activity.
(b) Thereafter, for reimbursed transportation
payments, verification of participation in the activity as provided 106 CMR
707.210(B)(1) or employment for current clients shall be in a manner prescribed
by the Department. An activity participation form must be signed by the
participant and by the activity provider.
(4)
Payment of Transportation
Costs. Payment of transportation costs shall only be made to the
participant provided he or she is responsible for paying transportation costs.
The total transportation payment is limited to a maximum
monthly amount allowed by the Department.