Current through Register 1531, September 27, 2024
The following general provisions apply to all child care
financial assistance administered by EEC, unless otherwise stated.
(1)
Eligibility.
(a)
Family Composition and
Size. Prior to issuing a child care financial assistance
authorization, Family Access Administrators shall verify, through documentary
evidence in accordance with EEC policy, the family size and household
composition of the applicant by verifying the relationship of each child
younger than 18 years old, or younger than 24 years old if the child is a
full-time student, who resides in the household and is financially dependent on
the parent(s) applying for child care financial assistance. Documents that
reasonably establish the family composition and size shall be acceptable.
Parents of young parents may include the young parent and their child(ren) in
the applicant's family size provided that the young parent is not receiving EEC
financial assistance for their child(ren).
(b)
Identity. Prior
to the initial authorization, the Family Access Administrator shall verify,
through documentary evidence in accordance with EEC policy, the identity of
each parent(s) applying for child care financial assistance. Required
documentary evidence shall contain a photo of the applicant. If a parent cannot
provide documentary evidence with a photo of the applicant, a parent may submit
a combination of two secondary documents without photos to verify the identity
of the applicant, in accordance with EEC policy. Secondary documents that
reasonably establish identity shall be acceptable.
(c)
Residency. The
Family Access Administrator must verify, through documentation in accordance
with EEC policy, that families seeking child care assistance reside in a
Massachusetts household because financial assistance administered by EEC is
available only to residents of the Commonwealth of Massachusetts. Documents
that reasonably establish residency in Massachusetts shall be
acceptable.
(d)
Citizenship or Immigration Status. In accordance with
federal law, the Family Access Administrator shall verify, through documentary
evidence in accordance with EEC policy, the United States citizenship status or
immigration status of each child for whom care is requested. Any documents that
reasonably establish the citizenship or immigration status of the child must be
accepted, and no requirement for a specific type of documentation may be
imposed. No child shall be denied child care financial assistance based solely
on an applicant's failure to demonstrate citizenship or immigration status
without final review by EEC.
(e)
Eligibility Periods. Families shall be eligible for
authorizations of a minimum of 12 months, and renewal is subject to the
family's continued eligibility for child care financial assistance. Family
Access Administrators shall notify families no fewer than two times that their
eligibility period is ending. At least one of these notifications shall be in
writing and shall be provided no fewer than 60 days prior to the end of their
eligibility period.
(f)
Contact Information. To ensure continued eligibility
for child care financial assistance, parents must maintain current contact
information, if any, with the Family Access Administrator and as directed in
accordance with EEC policy. A family experiencing homelessness who does not
have an address or telephone number must maintain as much current contact
information as possible with the Family Access Administrator.
(g)
Reauthorization.
Prior to the end of the current authorization period, families must provide
current documentation of continued income eligibility and service need to their
Family Access Administrator, and shall provide documentation verifying their
residency only if it has changed since their last reauthorization. Such
documentation must be provided within a reasonable time prior to the
authorization end date so that the authorization can be completed before the
end of the current authorization. Parents who lose their approved activity
during the last 30 days prior to reauthorization may be granted a 12-week
provisional authorization to seek and certify an approved activity in
accordance with
606
CMR 10.04(2)(b)2.
Parents who lose their approved activity during the last 30
days prior to reauthorization may be granted a 12-week provisional
authorization to seek and certify an approved activity in accordance with
606
CMR 10.04(2)(b)2.
(h)
Current
Eligibility Information. Parents receiving child care financial
assistance must notify their Family Access Administrator when there is a change
in circumstances as follows:
1.
Reporting Changes.
a.
During the Authorization Period. A parent must notify
their Family Access Administrator within 30 days of such a change.
i. The family's income exceeding 85%
SMI;
ii. An out of state change of
address;
iii. A change in contact
information; or
iv. Loss of
employment or cessation of attendance at a job training or educational program
that lasts for more than 12 weeks. The parent shall be entitled to a 12-week
period from the time the parent reports such a loss of employment or cessation
of attendance at job training or an educational program to certify a new
approved activity. If documentation of a new approved activity is not provided
prior to the end of the 12-week period, child care financial assistance may be
terminated.
Failure to notify the Family Access Administrator of these
changes within 30 days of each such change may result in an IPV, and may be
subject to disqualification pursuant to
606
CMR 10.12.
b.
At
Reauthorization. A parent shall report all other changes at
reauthorization. Failure to report these changes at reauthorization will not
result in an IPV or disqualification. A parent may voluntarily choose to report
a change prior to reauthorization if it will benefit the family to do
so.
(i)
Child Attendance. In order to remain eligible for a
child care financial assistance, all children receiving EEC financial
assistance shall attend the early education and care program, in accordance
with the terms of the child care authorization. A non-approved break in care
may result in the termination of child care financial assistance in accordance
with 606 CMR 10.10.
(j)
Data Sharing.
For purposes of program integrity and in an effort to establish front end
detection necessary to combat fraud, waste, and abuse, EEC may use data
collected from child care financial assistance applicants to conduct data
matches with other governmental entities. If data matches demonstrate
inconsistencies with the statements or documents submitted by the child care
applicant(s), the Family Access Administrator or EEC may request additional
documentation. Failure to resolve the inconsistencies may result in the
termination of an applicant's child care financial assistance, in accordance
with 606 CMR 10.10.
(2)
Fees.
Parents receiving child care financial assistance may be required to contribute
to the cost of the child care services they receive, in accordance with a
sliding fee scale established by EEC.
(a)
Parent Fee Scale. In accordance with M.G.L. c. 15D
§ 2(e) and pursuant to 45 CFR 98.45, EEC shall establish
a schedule for revising its parent fee scale within six months of its most
recent market rate survey or a federally-approved and adopted alternative
methodology.
(b)
How
Fees Are Assessed for Siblings. Fees for siblings will be assessed
in accordance with EEC policy.
(c)
Additional Fees. No additional fees may be charged to
parents, except in accordance with EEC policy.
(d)
Reauthorizations. Fee obligations will be reviewed
every 12 months or sooner in accordance with the parent's mandatory reporting
requirements pursuant to
606
CMR 10.03(1)(h), or
voluntary reporting by a parent.
(e)
Payment and
Collection.
1. Parent fees must
be paid on a payment schedule in accordance with EEC policy.
2. Educators/Providers are responsible for
collecting parent fees in a timely fashion and must take appropriate action if
parents fail to pay fees as required. Educators/providers who allow parents to
accrue balances in excess of the value of three weeks of parent fees may be
responsible for the balance.
(3)
Priority in
Funding.
(a) Children will be
authorized for child care financial assistance in accordance with priorities
and policies established by EEC, and subject to available funding.
(b) Parents whose eligibility for a specific
EEC financial assistance program is ending have priority for access to other
EEC financial assistance over parents who have not previously received EEC
child care financial assistance. In order to maintain priority access and
facilitate transition to another financial assistance program, a parent must
provide documentation in accordance with
606
CMR 10.03(1).
(4)
Location of
Care. Child care financial assistance may only be used for care
provided within the Commonwealth of Massachusetts, unless exempted in
accordance with EEC policy.
(5)
Non-discrimination. EEC and its agents shall not
discriminate against any child care financial assistance applicant or recipient
on the basis of age, sex, gender identity, race, ethnicity, religion, color,
national origin, disability, sexual orientation, military status or status as a
veteran, or pregnancy or a condition related to pregnancy. All activities
conducted by EEC and its agents must be carried out in accordance with Title VI
of the Civil Rights Act of 1964 (42 U.S.C. §
2000d, et
seq.), Section 504 of the Rehabilitation Act of 1973, as amended
(29 U.S.C. §
794), the Americans with Disabilities Act of
1990, as amended, the Age Discrimination Act of 1975, as amended (42 U.S.C. §
6101, et seq.), and the
Massachusetts Constitution.
(6)
Confidentiality. EEC and its agents shall maintain and
handle a child care financial assistance applicant or recipient's personal
information in a manner that complies with all state and federal laws
concerning the confidentiality of information, including M.G.L. c. 66A; M.G.L.
c. 93H;
801 CMR
3.00: Privacy and Confidentiality;
and 201 CMR
17.00: Standards for the Protection of
Personal Information of Residents of the Commonwealth. Notwithstanding
the prior sentence, EEC reserves the right to disclose an applicant or
recipient's personal information to an appropriate agency without the prior
consent of the subject of the personal information if EEC determines that such
disclosure is necessary to prevent a serious threat to the health or safety of
an individual.
