Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: The purpose of the amendment is to update
agency information in accordance with Executive Order 21-02, and update
eligibility and authorization criteria for the Child Care Subsidy
program.
PURPOSE: This rule establishes the requirements for
eligibility and authorization of Child Care Subsidy.
PUBLISHER'S NOTE: The secretary of state has
determined that the publication of the entire text of the material which is
incorporated by reference as a portion of this rule would be unduly cumbersome
or expensive. This material as incorporated by reference in this rule shall be
maintained by the agency at its headquarters and shall be made available to the
public for inspection and copying at no more than the actual cost of
reproduction. This note applies only to the reference material. The entire text
of the rule is printed here.
(1) Eligibility. To be eligible to receive
Child Care Subsidy, the applicant shall meet the criteria established in the
Child Care Subsidy Eligibility Policy Manual (Manual), revised November 2022,
which is hereby incorporated by reference and made a part of this rule as
published by the Department of Elementary and Secondary Education (department),
Office of Childhood, and available at the department, 205 Jefferson Street, PO
Box 480, Jefferson City, MO 65102- 0480, and its website at
https://dese.mo.gov/childhood/child-care-subsidy/child-caremanual
and at
https://dese.mo.gov/governmental-affairs/dese-administrative-rules/incorporated-reference-materials.
This rule does not incorporate any subsequent amendments or additions.
Eligibility criteria includes information regarding:
(A) Residency of the applicant and the
child;
(B) Citizenship status of
the child;
(C) Eligibility unit
composition;
(D) Relationship
between the applicant and the child;
(E) Income; and
(F) Need for child care
(2) Processing of Application.
(A) An applicant shall request child care
subsidy in person, by telephone, by mail, by fax, or by electronic means to the
Missouri Department of Elementary and Secondary Education (department) or
designee. The information required to apply shall include, but is not limited
to, information related to the applicant's residency, the child's citizenship
status, household eligibility unit's composition, relationship to the child,
household eligibility unit's assets and income.
(B) Applicants shall provide complete and
accurate information to the department or designee when determining eligibility
or continuing eligibility for child care subsidy benefits. Applicants who fail
to provide complete and accurate information or to comply with the provisions
of these rules or the Manual shall be ineligible for Child Care
Subsidy.
(C) Information provided by
applicants or participants shall not be disclosed to the public, except as
allowed by section 208.120, RSMo.
(D) Upon receipt of a completed application,
the department or designee shall review the application and determine the
applicant's eligibility.
(E) If the
department or designee determines the applicant is eligible for Child Care
Subsidy, the department or designee shall determine the authorization amount
for the child, in accordance with the Manual.
(F) If the department or designee determines the
applicant is eligible for Child Care Subsidy, the the department or designee
shall send a written notice to the applicant notifying him/her of child care
services authorized, amount of sliding scale fee, and changes that shall be
reported to maintain eligibility in accordance with the Manual.
(G) If the department or designee determines
the applicant is not eligible for Child Care Subsidy, the department or
designee shall send a written notice to the applicant. The notice shall-
1. Inform the applicant of the nature of the
decision;
2. Include a brief
summary of the factual and legal basis for the department's decision;
and
3. Notify the applicant of
his/her right to appeal to the Assistant Commissioner of the Office of
Childhood or designee.
(3) Payment.
(A) Parental Choice.
1. A participant may enroll his/her child
with any child care provider contracted with the department, subject to
acceptance by the child care provider. A parent may choose to enroll his/her
child with a different provider at any time.
2. Child Care Subsidy payments shall be made
directly to the child care provider.
3. The parent shall notify the department or
designee of the initial child care provider, and any change in the child care
provider within ten (10) calendar days of the change. The notice shall include
the date of disenrollment from the provider, the name and identifying
information of the child and, where applicable, identify a new child care
provider contracted with the department.
(B) Maximum Payment. Maximum payment by the
department for child care services shall not exceed the maximum base rate plus
any rate differentials or the actual charges by the child care provider,
whichever is less. The maximum base rate is set on an annual basis based on
appropriations from the General Assembly for the child care subsidy program and
is based on the age of the child, facility type, and geographic area.
(C) Sliding Scale Fee. Child care
participants may be required to pay a fee to the child care provider based on
their adjusted gross income and family size. This fee shall be based on a
sliding scale fee, which shall be determined on an annual basis based on
appropriations from the General Assembly.
1.
The sliding scale fee amount is determined by the household size and adjusted
gross income.
2. The maximum child
care subsidy payment shall be the maximum base rate minus the applicable
sliding scale fee amount, if any.
3. The maximum base rate is based on the age
of the child for whom child care services are requested, amount of care, the
facility type, and the applicable geographic area of the state. The maximum
base rate is subject to appropriations.
4. The sliding scale fee may be waived for a
child with special needs.
5. At the
time of application or redetermination, child care participants who failed to
pay the required sliding scale fee shall be ineligible for Child Care Subsidy
until the required sliding scale fee is paid or until the child care
participant enters into a written agreement with the child care provider to pay
the required fee.
(D)
Copayment. Child care participant(s) may be required to pay a copayment to the
child care provider when the child care provider's rate for care is higher than
the maximum rate paid by the department. The parent shall negotiate this fee
directly with the child care provider. The department shall not be responsible
for the payment of, collection, or enforcement of any copayment.
(4) Maintaining Eligibility.
(A) Reporting Changes.
1. A participant shall report changes to the
department or designee within ten (10) calendar days from the date of
occurrence in accordance with the Manual.
2. Failure to timely report the changes
subject to reporting may result in a participant overpayment pursuant to
5 CSR
25-200.100.
3. Upon receipt of a reported change, the
department or designee shall assess the participant's continued
eligibility.
4. Participants shall
remain eligible for child care subsidy for not less than after ninety (90) days
a participant's employment, job training, or educational program
ends.
(B) Annual
Redetermination. To continue to receive child care subsidy, participants shall
request a redetermination at least thirty (30) calendar days prior to the end
of the eligibility period.
(C)
Transitional Child Care. An eligibility unit may be allowed a gradual phase out
of child care assistance if the eligibility unit's income has increased but
remains less than the upper income limit for the highest level of transitional
child care in accordance with the Manual. The department or designee shall
determine the participant's eligibility for transitional child care and shall
notify the participant in writing.
(5) Appeal Rights. Any participant/applicant
whose child care subsidy eligibility has been denied or changed may appeal such
decision to the Assistant Commissioner or designee.
(A) The participant/applicant shall request
[a direct] an appeal to the [director] Assistant Commissioner or designee in
writing within ninety (90) calendar days of the date of notification of the
denial or change of Child Care Subsidy eligibility.
(B) If the participant/applicant timely makes
an appeal to the Assistant Commissioner or designee, the Assistant Commissioner
or designee may utilize the Administrative Hearings Unit of the Division of
Legal Services of the Department of Social Services to hear all
cases.
(C) The burden shall be on
the participant/applicant to prove:
1. The
denial or change of Child Care Subsidy eligibility was inconsistent with all
applicable laws and regulations.
(D) The department may present testimony,
documents, or other evidence to rebut evidence presented by the
participant/applicant.
(E) Upon
completion of the hearing, the Administrative Hearings Unit shall issue a
written decision as approved by the Assistant Commissioner or designee, except
in default cases or cases disposed of by stipulation, consent order, or agreed
settlement. The decision shall include or be accompanied by findings of fact
and conclusions of law. The findings of fact shall be stated separately from
the conclusions of law and shall include a concise statement of the findings on
which the agency based its order. The Administrative Hearings Unit shall
deliver or mail its decision, findings of fact, and conclusions of law to each
party, or his/her attorney of record. The decision of the Administrative
Hearings Unit shall be the final decision of the department.
(6) Destruction of Records. The
department may destroy all applications and records compiled in connection with
the determination and payment of Child Care Subsidy after five (5) years have
elapsed after the case is closed or the application has been rejected and the
decision is final.
(7) Child Care
Subsidy for Protective Service Children.
(A)
The following categories of children are eligible for alternative eligibility
determinations at the time of application:
1.
Children in the legal custody of the Department of Social Services, Children's
Division, pursuant to an order of the juvenile court;
2. Children who are the subject of a current
adoption or guardianship subsidy agreement with the Children's Division;
or
3. Children with an active
family-centered service or intensive in-home service case with the Children's
Division.
(B) These
categories of children, or their parent(s), shall not be required to
demonstrate a financial need for Child Care Subsidy under this subsection and
are not subject to the eligibility unit's income maximums. The child's
Protective Service status shall be the valid need for child care.
(C) Processing of the application and
maintaining eligibility shall be in accordance with the Manual for this subset
of children. The department or designee may utilize an alternative, expedited
process, as stated in the Manual.
(8) Wait Lists.
(A) In the event that the number of
participants exceeds program funding from the General Assembly, as determined
by the department, the department may utilize a waiting list.
(B) The department's waiting list shall
utilize a priority ranking system for participants, in the following order:
1. Children with special need as defined in
5 CSR 25-
200.050;
2. Children classified as homeless as defined
in the McKinney-Vento Homeless Assistance Act;
3. Eligibility units with an adjusted gross
income under one hundred (100) percent of the Federal Poverty Level;
and
4. Eligibility units with an
adjusted gross income of one hundred (100) percent of the Federal Poverty Level
or greater.
*Original authority: 207.020, RSMo 1945, amended 1961,
1965, 1977, 1981, 1982, 1986, 1993, 2014; 210.025, RSMo 1999, amended 2004; and
210.027, RSMo 1999, amended 2014.
