New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 15 - CHILD CARE SERVICES
Subchapter 6 - CONTRACTED CHILD CARE CENTERS
Section 10:15-6.5 - Siblings and children with special needs and special circumstances

Universal Citation: NJ Admin Code 10:15-6.5

Current through Register Vol. 56, No. 18, September 16, 2024

(a) Within Tiers A, B and C, higher priority placement consideration shall also be given to a Priority 2 or 3 child defined in N.J.A.C. 10:15-6.4. Child care arrangements may be required to help stabilize or ameliorate the situation and/or prevent the placement of the child or other family member(s) outside the home. The conditions specified below shall be rated equally.

1. A child on the waiting list who is the sibling of another child currently enrolled in a contracted space and for whom subsidized child care services or service had been requested and indicated on the child care eligibility application form.

2. A child considered for subsidized child care services or service is identified and determined as having special needs due to a serious physical, medical, emotional, mental, cognitive, or developmental condition that may include, but is not limited to, a child who has been classified by a child study team as having a handicapping condition and the child's individual educational plan indicates that the child care placement is an appropriate educational setting.

3. A child with special circumstances is determined and identified through a written referral from the CP & P, DFD, CWA/BSS; legal, medical or social service agency; emergency shelter; or public school. The referral shall delineate the medical or social problem or adverse living condition of the family and specify that child care services are needed to help ameliorate the situation and/or prevent the placement of the child or other family member(s) outside of the family. Priority consideration for a child with special circumstances is limited to:
i. One parent/applicant is employed or attends class full-time and the other parent/co-applicant (or the applicant in a single parent family) shall provide full-time care for a child or dependent that is physically incapacitated or mentally challenged;

ii. A parent/applicant is a victim of domestic violence;

iii. One or both parents/applicants are adolescent parents not receiving TANF benefits, enrolled in school, employed, or participating in a job training program leading to employment on a full-time basis, and at risk of going on welfare; or

iv. Circumstances involving individuals who are not the birth parents, but who have voluntarily assumed responsibility for the care of a child or who have legal custody of a child and for whom child care services are needed. In these situations, one or more of the following conditions shall be met:
(1) The applicant(s) requesting subsidized child care on behalf of the child has voluntarily assumed responsibility for the care of a child or has legal custody and control of a child and has elected not to receive the CP & P foster care benefits for that dependent child or deemed not eligible for the same;

(2) Failure to obtain subsidized child care services will cause undue hardship to the family and the CP & P intervention and provision of a CP & P out-of-home maintenance payments may be required/requested for that dependent child;

(3) The dependent child and family of the caregiver meet the eligibility criteria for the TANF Program, excluding income, and because of income, TANF child care subsidy assistance has been denied because of the non-needy status of the caregiver;

(4) The income of the dependent child and family of the caregiver meet the income eligibility criteria for child care services. (See Appendix B, Client Income Eligibility and Co-Payment Schedule for Subsidized Child Care Assistance or Services.); or

(5) Child care subsidy assistance is needed because:
(A) The applicant/caregiver (or applicant and co-applicant in a two-parent family) works full-time, attends school full-time or participates in a job training program leading to employment on a full-time basis;

(B) One applicant/caregiver is employed full-time, attending school full-time, or participating in a job training program leading to employment on a full-time basis and the co-applicant is physically incapacitated or mentally challenged (or the applicant in a single parent family is physically incapacitated or mentally challenged) and because of the disability or handicap, is unable to care for the child or assistance is required;

(C) One applicant/caregiver is employed full-time, attending school full-time, or participating in a job training program leading to employment on a full-time basis and the co-applicant is responsible for the care of a dependent in the home who is physically incapacitated or mentally challenged and because of the disability or handicap of the dependent, is unable to care for the child or assistance is required;

(D) The applicant/caregiver (or applicant and co-applicant in a two-parent family) is over the age of 50 and is the relative caregiver for a drug exposed infant; or

(E) The applicant/caregiver (or applicant and co-applicant in a two-parent family) is over the age of 60 and the relative caregiver is unable or significantly limited in his or her ability to provide normal care or meet the developmental needs of the child.

4. For foster parents requesting subsidized child care services or service for their birth children, the foster children shall not be counted in the family size nor shall the maintenance payments made by the CP & P be considered part of the foster parents' income.

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