Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1.
Use of money from child care fund.
A CCAP agency must issue child care assistance payments for
eligible families to eligible child care providers under part
3400.0120, subpart 1, from the
child care fund.
Subp. 1a.
Date of payments .
After a CCAP agency approves of a family's application for
child care assistance, the CCAP agency must authorize payment of child care
assistance to an eligible child care provider under part
3400.0120 beginning on the
family's date of eligibility as determined under part
3400.0040, subpart
6c.
Subp. 2.
Payment
of legal nonlicensed child care provider.
After a legal nonlicensed child care provider is registered as
a child care provider and eligible for child care assistance under part
3400.0120, a CCAP agency must pay
the child care provider retroactively from the date in item A, B, C , or D,
whichever is later:
A. the date that a
CCAP agency authorizes child care to begin for a family that the legal
nonlicensed child care provider serves;
B. the date that a family that the legal
nonlicensed child care provider serves became eligible for child care under
part
3400.0040, subpart 6c;
C. the date that a family began using the
legal nonlicensed child care provider; or
D. the date that the legal nonlicensed child
care provider completed training required by part
3400.0120, subpart 6, and
Minnesota Statutes, section
119B.125,
subdivision 1b.
Subp. 2a.
[See repealer.]
Subp. 2b.
Payment of Certified license-exempt child care centers.
After a license-exempt child care center is Certified under
Minnesota Statutes, chapter 245H, registered, and eligible under part
3400.0120, subpart 1, a CCAP
agency must pay the license-exempt child care center retroactively from the
date in item A or B, whichever is later:
A. the date that a CCAP agency authorizes
child care for a family to begin for a family that the Certified license-exempt
child care center serves; or
B. the
date that a family that the Certified license-exempt child care center serves
became eligible for child care under part
3400.0040, subpart
6c.
Subp. 3.
Authorization of child care.
Within the limits set by this chapter and Minnesota Statutes,
chapter 119B, the amount of child care that a CCAP agency authorizes must
reflect the child care needs of the family and minimize out-of-pocket child
care costs to the family according to items A to H.
A. At the time of application and
redetermination, a CCAP agency must authorize child care based on the
requirements in Minnesota Statutes, section
119B.095,
and based on the parentally responsible individual's schedule of participation
in authorized activities, the child's school schedule, the child care
provider's availability, and any other factors that affect the amount of child
care that the family needs.
B. A
CCAP agency must not authorize more than 120 hours of child care assistance per
child every two weeks, except as provided under subparts 3a and 3b.
C. A CCAP agency must not decrease the amount
of a 12-month reporter's authorized child care during the 12-month eligibility
period due to a temporary break or a change in the parentally responsible
individual's employment, education and training, or employment plan activity,
unless the 12-month reporter requests a reduction in authorized hours or
requests that the CCAP agency suspend the 12-month reporter's child care under
part
3400.0040, subpart 18. Temporary
breaks or changes include circumstances such as:
(1) medical leave;
(2) seasonal employment
fluctuations;
(3) a school break
between semesters; or
(4) a
reduction in the parentally responsible individual's work, training, or
education hours while the parentally responsible individual is still engaged in
the activity.
D. A CCAP
agency must authorize child care during the 12-month eligibility period for a
schedule reporter based on the parentally responsible individual's activity
schedule. A CCAP agency must decrease the number of a schedule reporter's
authorized hours when there is a change in the parentally responsible
individual's employment, education and training, or employment plan activity
and as a result of the change, the schedule reporter needs fewer hours of child
care.
A CCAP agency must terminate a child care authorization when
there is a temporary break in the parentally responsible individual's
employment, education and training, or employment plan activity and the
parentally responsible individual has no other authorized activity, unless the
parentally responsible individual meets the criteria in subpart 10 or part
3400.0040, subpart 10, item E,
subitem (1). Temporary breaks include circumstances such as:
(1) a medical leave;
(2) seasonal employment fluctuations;
and
(3) a school break between
semesters.
E. If a
parentally responsible individual experiences a permanent end of the parentally
responsible individual's only authorized activity under part 3400.0175, a CCAP
agency must authorize the same amount of child care for the family as the
family received before the permanent end of the authorized activity for up to
three months or until the family's next redetermination, whichever is
sooner
F. A CCAP agency must
terminate a child's child care authorization on the child's birthday when the
child reaches 13 years of age or the child has a disability and reaches 15
years of age. A family remains eligible until redetermination under Minnesota
Statutes, section
119B.09,
subdivision 1, paragraph (e). If continued child care is necessary, the
parentally responsible individual must request a CCAP agency to authorize child
care. For 12-month reporters, a CCAP agency must authorize the same amount of
child care under this item as the family received before the child's birthday,
unless the parentally responsible individual verifies that the family needs
additional child care hours or requests fewer child care hours. For schedule
reporters, a CCAP agency must authorize child care under this item based on the
parentally responsible individual's verified activity schedule. If the child is
attending a licensed child care center the child care provider must have a
variance under chapter 9503 for a CCAP agency to authorize child care for the
child.
G. A CCAP agency must
authorize 100 hours of child care biweekly for a child when the child, the
parentally responsible individual's authorized activity, and the child's child
care provider meet the criteria in Minnesota Statutes, section
119B.13,
subdivision 3c, unless the family chooses to have fewer hours
authorized.
H. A CCAP agency must
limit the amount of child care that the CCAP agency authorizes with a secondary
child care provider as provided in Minnesota Statutes, section
119B.097.
Subp. 3a.
Authorization during change
in child care provider.
A CCAP agency must not authorize more than 120 hours of child
care per child during each service period, except during a change in child care
provider Before authorizing a child's care with a new child care provider a
CCAP agency must give the previous child care provider proper notice under part
3400.0185, subpart 13. A CCAP
agency is allowed to authorize child care with a new child care provider before
the CCAP agency terminates the child care authorization of the previous child
care provider if:
A. child care is no
longer available with the previous child care provider;
B. the previous child care provider notifies
the CCAP agency that the child care provider will not bill for child care
during the 15-day adverse action period; or
C. the child is no longer receiving child
care from the previous child care provider and the child has reached the absent
day limit under Minnesota Statutes, section
119B.13,
subdivision 7.
Subp. 3b.
Authorization of child care with back-up child care provider.
When the child's usual child care provider is unavailable, the
family may request that a CCAP agency authorize child care with a back-up child
care provider for a maximum of the entire time period that the child's usual
child care provider is unavailable.
Subp.
3c.
Authorization of children of child care center
employee.
A. When a CCAP agency
authorizes child care in excess of the limit of children of child care center
employees in
Minnesota Statutes, section
119B.09,
subdivision 9a, the CCAP agency must issue a 15-day adverse action notice and
terminate the authorization of any child in excess of the limit. The CCAP
agency must terminate the authorization of the child or children whose child
care was most recently authorized until there are no authorizations in excess
of the limit.
B. If a
parentally responsible individual becomes a child care center employee at the
same child care center where the individual's child is authorized to receive
child care and the child care center exceeds the limit of children of child
care center employees in Minnesota Statutes, section
119B.09,
subdivision 9a, the CCAP agency must issue a 15-day adverse action notice and
terminate authorization of the individual's child.
Subp. 3d.
Child care payment.
A. A CCAP agency must pay a child care
provider's full charge up to the applicable maximum rate, less the copayment,
for all authorized hours of child care for a child.
B. A CCAP agency must not pay for more than
120 hours of child care assistance per child per service period. The 120-hour
payment limit applies during a change in child care provider under subparts 3a
and 3b.
C. Except as provided under
subpart 8, a CCAP agency must not pay for the care of a child by more than one
child care provider during the same period of time. If a child uses two child
care providers under Minnesota Statutes, section
119B.097,
the payment limits in Minnesota Statutes, section
119B.13,
subdivision 1, apply. A CCAP agency must not pay more than one primary child
care provider for care of a child on the same day and must not pay more than
one secondary child care provider on the same day.
D. All hourly rates that a CCAP agency pays
to a legal nonlicensed child care provider count toward the 120-hour
limit.
E. A CCAP agency must follow
the standards in subitems (1) and (2) to convert child care that a CCAP agency
pays on a full-day or weekly basis into hours to determine if a payment exceeds
120 hours of child care assistance per service period for licensed and
Certified license-exempt child care providers.
(1) Payment at the daily maximum rate is
equal to ten hours of child care.
(2) Payment at the weekly maximum rate is
equal to 50 hours of child care.
Subp. 4. [Repealed, 33 SR695]
Subp. 4a.
Reimbursement from other
sources for child care costs.
A CCAP agency must reduce the amount of a family's child care
assistance payment by the amount of reimbursement earmarked for the same child
care expenses that the family receives from sources other than the child care
fund. A CCAP agency must not reduce the amount of a family's child care
assistance payments when another source pays for different child care expenses,
such as copayments, differences between the applicable maximum rate and the
child care provider's charge, or time periods that are not authorized under the
child care fund.
Subp. 5.
[Repealed, 26 SR 253]
Subp. 6.
[Repealed, 26 SR 253]
Subp. 7.
Payment policies and schedule.
A CCAP agency must not require a parentally responsible
individual to pay a child care provider in advance of receiving payments from
the child care fund . A CCAP agency must make child care assistance payments
within 21 days of receiving a complete bill from a child care provider A
complete bill must include a child care provider's signature, unless the bill
meets the good cause criteria defined in the CCAP agency's child care fund
plan. A CCAP agency must send a child care provider the forms necessary to bill
for payment on or before the beginning of the billing cycle if the CCAP agency
has authorized child care before this date.
Subp. 8.
Sick child care.
A. Sick child care means that a child is
unable to receive child care from the family's regular child care provider due
to the child's illness. In addition to making payments for regular child care,
a CCAP agency may make payments to a second child care provider that provides
sick child care. A CCAP agency must include the CCAP agency's policy to make
payments to two child care providers when a child is sick in the CCAP agency's
child care fund plan.
B. If a CCAP
agency chooses to pay a special needs rate for the care of a sick child ,
payment for sick child care must be at a rate comparable to like care
arrangements in the county. A CCAP agency must include the CCAP agency's
special needs rate for child care of sick children in the CCAP agency's child
care fund plan .
Subp. 9.
Payment during child absences and holidays.
A. If a child care provider does not charge
all families for days on which a child is absent from child care, the child
care assistance program must not pay the child care provider for days on which
a child is absent from care.
B. If
a child care provider charges all families for days on which a child is absent
from child care, the child care assistance program must pay the child care
provider for child absent days according to Minnesota Statutes, section
119B.13,
subdivision 7.
C. Child care
provider charges for absent days in excess of the amount established by
Minnesota Statutes, section
119B.13,
subdivision 7, are the responsibility of the family receiving child care
assistance.
D. A CCAP agency must
pay a child care provider for a holiday only if:
(1) the child care provider meets the
requirements in Minnesota Statutes, section
119B.13,
subdivision 7, paragraph (d);
(2)
the day is a state or federal holiday as determined according to Minnesota
Statutes, section
645.44,
subdivision 5 or another cultural or religious holiday designated by the child
care provider
(3) the child care
provider does not provide child care on that day;
(4) the child care provider gives notice of
the holiday or other designated day to the CCAP agency before the holiday or
designated day occurs or within ten calendar days after the day occurs;
and
(5) the child care provider
bills the day as a holiday.
If child care is available on a holiday and a child is
scheduled and authorized to be in the child care provider's care on that day
and the child is absent on that day, the child care provider must bill the day
as an absent day.
E. The absent day provisions in this subpart
and in Minnesota Statutes, section
119B.13,
subdivision 7, including the limits on paid absent days and holidays, apply to
child care assistance payments for child care provided during notice
periods.
F. A parentally
responsible individual may substitute other cultural or religious holidays for
the ten state and federal holidays identifed in Minnesota Statutes, section
645.44,
subdivision 5, if:
(1) the parentally
responsible individual gives notice of the substitution to a CCAP agency before
the holiday occurs or within ten calendar days after the holiday; and
(2) the substitution is for a day when the
child care provider is closed and does not provide child care, and the child
care provider agrees to bill the day as a holiday and notify the CCAP agency
according to item D, subitem (4).
G. If a holiday falls on a Saturday, the
preceding day is used as a holiday. If a holiday falls on a Sunday, the
following day is used as a holiday.
H. A child with a documented medical
condition may exceed the 25-absent-day limit, or ten consecutive full-day
absent limit, as provided by Minnesota Statutes, section
119B.13,
subdivision 7, paragraph (b). The following criteria apply.
(1) A medical practitioner, public health
nurse, or school nurse must complete documentation of the child's medical
condition. For purposes of this item, a medical practitioner includes a
physician, physician's assistant, nurse practitioner, psychiatrist,
psychologist, or chiropractor
(2)
If a child care provider sends a child home early from child care for a medical
reason, documentation of the medical condition may be verified by a licensed or
Certified child care center director or child care center lead teacher When the
medical reason is verified by the child care center director or lead teacher,
the exemption is limited to up to two weeks from the first day of the child's
illness. To extend the exemption longer than two weeks, a person listed in
subitem (1) must complete documentation of the child's medical
condition.
(3) The exemption may
begin on the first day of the child's illness, but not more than 90 days prior
to the date that the CCAP agency receives documentation of the child's illness.
When documentation is submitted by a medical practitioner, public health nurse,
or school nurse, the exemption is limited to the time period of the child's
medical condition or up to 12 months if the exemption is due to a chronic
medical condition.
Subp.
10.
Payment during medical leaves of absence.
A CCAP agency must authorize child care assistance for a
schedule reporter during the schedule reporter's medical leave of absence from
education , employment, or authorized activity in an employment plan if:
A. the parentally responsible individual is
unable to provide child care due to the individual's medical
condition;
B. the parentally
responsible individual is expected to return to authorized employment , an
approved education or training program, or employment plan activity within 90
calendar days after leaving the job, education or training program, or
activity; and
C. the necessity of
the medical leave and the inability to provide child care are documented by a
licensed physician , licensed psychiatrist, licensed psychologist, or licensed
social worker The amount of child care authorized during the medical leave of
absence must not exceed 215 hours of child care per child.
Subp. 11.
Payment during notice
periods.
Child care assistance payments for child care provided during
notice periods are subject to all payment rules and limits identified under
this part.
Subp. 12.
Payment for child care provided at short-term alternate locations.
When child care is not available at a Certified license-exempt
child care center where a CCAP agency has authorized a child to receive child
care assistance and the child receives child care at an alternate location, a
CCAP agency must make child care assistance payments under the child's current
authorization if the following criteria are met:
A. the alternate location is a Certified
license-exempt child care center;
B. the alternate location is registered to
receive child care assistance;
C.
the alternate location is controlled by the same entity as the authorized
Certified license-exempt child care center and has the same tax identification
number;
D. the alternate location
is identified by the authorized Certified license-exempt child care center as
an alternate location before a CCAP agency issues payment for child care that
the child receives at the alternate location;
E. child care is unavailable at the Certified
license-exempt child care center where the child is authorized to receive child
care;
F. the child receives child
care for no more than 21 consecutive calendar days at the alternate location;
and
G. the alternate location
fulflls all child care assistance program requirements in this chapter and
Minnesota Statutes, chapter 119B, and all certification requirements in
Minnesota Statutes, chapter 245H.
Statutory Authority: MS s
119B.02;
119B.04;
119B.06;
256.01;
256H.01
to 256H.19
