Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 392 - CHILD CARE SUBSIDY PROGRAM
Chapter 2 - ELEMENTS OF ELIGIBILITY
Section 392-2-013 - NEED FOR SERVICE

Universal Citation: 392 NE Admin Rules and Regs ch 2 ยง 013

Current through September 17, 2024

Child care services for eligible individuals are approved only if each parent or usual caretaker:

(A) Is employed;

(B) Is actively seeking employment. Each time the recipient loses employment, the recipient is entitled to three months of child care to seek employment.

(i) Child care for job search activities cannot be authorized at initial application except when job search is required by a federally funded workforce program;

(C) Is participating in an Employment First activity;

(D) Requires child care to obtain medical services including physicians' services, mental health services, and drug and alcoholism treatment;

(E) Is enrolled in and regularly attending vocational or educational training to attain a high school or equivalent diploma, an undergraduate degree or certificate, or English as second language classes;

(F) Is participating in on the job training;

(G) Is incapacitated with a medically determinable physical or mental impairment which prevents the individual from caring for the child(ren) in the home. The incapacity must be evaluated and approved by the Department; or

(H) Meets the definition of homeless. Child care may be authorized up to forty hours per week for three months to provide stability to the individual's child(ren) and to allow the parent(s) or usual caretaker the opportunity to seek out community resources. If the individual is not meeting another need for service by the end of the three months period, the authorization will end.

013.01 QUALIFICATION OF NEED REQUIREMENTS. If more than one parent or usual caretaker is included in the family size, each adult must meet the qualification of need requirements.

013.02 VOLUNTEER PROGRAMS. Participation in Americorp Vista and other volunteer programs are not qualifying needs.

013.03 LIMIT ON QUALIFICATION OF NEEDED HOURS. There are weekly and daily limits on the hours of child care subsidy that will be approved.

013.03(A) WEEKLY LIMIT. A recipient is limited to a maximum of sixty hours of Child Care Subsidy per week. A week is defined as the seven day period from Sunday through Saturday.

013.03(B) DAILY LIMIT. Recipients may receive a maximum of eighteen hours of subsidized care in a twenty four hour period. This must comply with the sixty hour a week limit.

013.04 QUALIFYING FOR CHILD CARE TO ATTEND CLASSES. A recipient who is attending secondary education or training is allowed two hours per week of child care for each credit hour. Study time beyond the scheduled hours are not allowed. Recipients attending high school or equivalent are allowed hours reflective of their school schedule. A recipient taking on-line classes is allowed one hour per credit hour.

013.04(A) VERIFICATION OF ENROLLMENT. Applicants and recipients must provide verification of enrollment in school or training at the time of application and redetermination.

013.05 QUALIFYING FOR CHILD CARE FOR EMPLOYMENT. If the individual is requesting child care for employment, the employment must have the potential to allow the individual to achieve or maintain economic self-sufficiency.

013.05(A) EMPLOYMENT AS CHILD CARE PROVIDER. A child care provider is not eligible to receive subsidy to provide child care to the provider's child(ren), this includes owners and directors of child care centers. The Department will not pay for providers to send their own children to another provider for care. This does not apply to a foster parent, subsidized guardian, or subsidized adoptive parent who is also a child care provider and sends his/her child to another child care provider.
013.05(A)(i) EXCEPTION. When child care providers are engaged in employment or training activities not related to child care, they may receive subsidy benefits as long as the hours do not overlap.

013.05(B) EMPLOYEE OF A CHILD CARE FACILITY. Child Care subsidies are not paid for the recipient's child(ren) when the recipient works at a home based facility during the same hours the recipient's child(ren) attend(s) the facility. For center-based care, a recipient can work at the facility as long as the recipient is not in the same room as the recipient's child(ren).

013.06 QUALIFYING FOR CHILD CARE NEEDED FOR TRAVEL TIME. Recipients are allowed Child Care Subsidy to cover a reasonable amount of time for travel between the child care site and the work or training site.

013.07 QUALIFYING FOR CHILD CARE FOR SLEEP TIME. A recipient who works through the night is allowed a maximum of eight non-work hours per day for sleep time.

Disclaimer: These regulations may not be the most recent version. Nebraska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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