Administrative Rules of Montana
Department 37 - PUBLIC HEALTH AND HUMAN SERVICES
Chapter 37.80 - CHILD CARE ASSISTANCE
Subchapter 37.80.2 - Eligibility
Rule 37.80.202 - FINANCIAL REQUIREMENTS FOR ELIGIBILITY; PAYMENT FOR CHILD CARE SERVICES; PARENT'S COPAYMENT
Current through Register Vol. 6, March 22, 2024
(1) Financial eligibility for child care assistance is based on a household's monthly income as defined in ARM 37.80.102. A household whose income is below 150% of the Federal Poverty Guideline (FPG) for a household of that size is eligible for child care assistance.
(2) At annual redetermination, a household not receiving temporary assistance for needy families (TANF), whose income exceeds 150% and is below 185% of the FPG for a household of its size is eligible for child care assistance under graduated eligibility. To qualify for graduated eligibility, the following apply:
(3) A household that is not receiving TANF is presumed eligible to receive child care assistance for 30 calendar days while application information is verified.
(4) A household with assets exceeding the threshold identified in 42 USC 9858n(4)(B) (2016) is not eligible for child care assistance.
(5) Parents eligible for assistance are responsible for paying a monthly copayment in the amount specified in the sliding fee scale table.
(6) A household for purposes of determining eligibility and the parent's copayment, includes the following individuals:
(7) The parent may include or exclude as a household member any qualified person residing with the child. If the parent includes or excludes a person when eligibility is initially determined, he or she cannot subsequently choose a different option, unless the optional member leaves the household.
(8) The income of all persons counted in computing household size must be counted in the household's income.
(9) In determining a household's need for child care assistance, the work hours, school schedules, and ability to care for the child or children of each adult included in calculating household size are considered. The work hours and ability to care for the child or children of adults excluded in calculating household size are not considered.
(10) Persons providing child care services subsidized under this chapter are paid at the lesser of the provider's usual and customary rate or the rates specified in ARM 37.80.205. The portion of the total monthly payment that the department is required to pay is computed by subtracting the parent's monthly copayment from the total monthly payment due.
(11) Eligible households may receive child care assistance for each child in the household who meets the age requirement for child care contained in ARM 37.80.102 and whose care meets all other requirements of this chapter for payment.
(12) No child care assistance payments can be issued until an authorization plan has been created by the child care resource and referral agency.
(13) The child care authorization and corresponding authorization plan set limits for child care benefits. The authorization plan stays at the same level for the 12 month eligibility period and covers temporary changes defined in 45 CFR, 98.21(a) (2017).
(14) If an audit of the case shows that monies received fall under ARM 37.80.506(1)(a), (b), (c), and (d), a household that receives any amount of child care assistance to which the household was not entitled must repay all child care assistance to which the household was not entitled.
AUTH: 52-2-704, 53-4-212, MCA; IMP, 52-2-704, 52-2-713, 52-2-721, 52-2-722, 52-2-723, 52-2-731, 53-2-201, 53-4-211, 53-4-212, 53-4-601, 53-4-611, MCA