Current through Register Vol. 35, No. 18, September 24, 2024
Clients are eligible for child care assistance benefits upon
meeting the requirements for eligibility as determined by the department and
federal regulation.
A. Child care
staff will initiate communication at the initial determination of their
eligibility period to provide outreach and consumer education with a case
management approach and coordination of services to support families.
B. Eligibility period: Based upon the client
meeting all eligibility requirements, a 12-month certification period will be
granted.
(1) Eligibility may be granted for
less than 12 months at the parent or legal guardian's request. The parent or
legal guardian will, however, remain eligible for the approved 12-month
eligibility period.
(2) At-risk
child care may be granted for less than 12 months as determined by the
department.
(3) Eligibility may be
granted for up to three months for seeking employment. The eligibility may be
closed if the client fails to obtain a qualifying activity within three months.
The department has the discretion to extend the job search period.
(4) The client will remain eligible if a
temporary change of activity occurs.
(5) If a client experiences a non-temporary
change in activity, the child care placement agreement may close; however, the
client will remain eligible for the approved 12-month eligibility
period.
C. Income
eligibility determination:
(1) The household:
The household includes biological parents, stepparents, legal guardians of the
child(ren) for whom child care assistance is sought, and any legal dependents
of the aforementioned, living in the household, thereby constituting an
economic unit. Grandparents who are not legal guardians living in the household
are counted as members of the household, but their earned and unearned income
is excluded from the eligibility calculations. Periods of absences: A household
member may be absent from the home and will be considered as living in the home
and be counted in the household composition as long as the absent household
member plans to return to the home. Any parent or legal guardian who remains in
the home must be working, attending school, or participating in a job training
or educational program. Temporary absence may include, but are not limited to,
attending school, working, training, medical or other treatment, or military
service.
(2) Legal guardians who
are not the parents of the child(ren) for whom child care assistance is sought,
are required to qualify for child care assistance as per Paragraph (3) below
and, upon qualification, have the required copayment waived.
(3) Household income: The household's gross
monthly or annual average countable earned and unearned income, taking into
account any fluctuation(s) of earnings, and will always be calculated in favor
of eligibility as paragraphs (7) and (8) of Subsection C of
8.9.3.11 NMAC. Household income
does not include any earned and unearned income received by grandparents who
are not legal guardians, and any legal dependents of the biological parents,
stepparents, or legal guardians of the child(ren) for whom child care
assistance is sought, living in the household.
(4) Family assets: A family's assets may not
exceed one million dollars.
(5)
Countable earned and unearned income: The following sources of income are
counted when computing a family's eligibility for assistance and for
determining the copayment (if applicable): income from employment by working
for others or from self-employment; alimony payments; veterans administration
(VA) payments except VA payments that are specifically exempted in Paragraph
(6) of Subsection C of
8.9.3.11 NMAC; workman's
compensation; railroad retirement benefits; pensions; royalties; income from
rental property; social security benefits except social security payments that
are specifically exempted in Paragraph (6) of Subsection C of
8.9.3.11 NMAC; overtime shall be
counted at ECECD's discretion if ECECD determines that the applicant is paid
overtime on a regular basis.
(6)
Exempt income: The types of income not counted when computing eligibility or
copayments include but are not limited to: earnings of household dependents;
earnings of household grandparents who are not the legal guardians of the
child(ren) for whom child care assistance is sought; SNAP; TANF benefits,
including diversion payments; supplemental security income (SSI); social
security disability insurance (SSDI); social security benefits received by
household children; any VA payments made on behalf of the child(ren); VA
benefits for educational purposes or for disability; unemployment benefits;
work study income; child support payments; military food and housing
allowances; an increase in military salary or allowances due to "temporary
national emergency status beginning September 11, 2001"; third party payments;
energy assistance benefits; foster care payments; adoption subsidies; loans;
child or adult nutrition programs; income tax refunds; payments for educational
purposes including graduate and other educational stipends; compensation under
the Domestic Volunteer Services Act and the volunteers in service to America
(VISTA) program or Ameri Corps; Work Investment Act (WIA) payments made to
dependent children; relocation payments; department of vocational
rehabilitation (DVR) training payments; in-kind gifts; cash gifts; employer
reimbursements; overtime, unless ECECD determines that the applicant is paid
overtime on a regular basis; payments from special funds such as the agent
orange settlement fund or radiation exposure compensation settlement fund; lump
sum payments such as those resulting from insurance settlements and court
judgments; Tribal per capita payments; or other resources such as savings,
individual retirement accounts (IRAs), vehicles, certificates of deposits (CDs)
or checking accounts. In the case of an emergency, or under extenuating
circumstances, the department secretary may disregard certain temporary income,
such as federal stimulus payments or hazard pay.
(7) Verification of household countable
earned and unearned income: Clients applying for child care assistance benefits
are required to verify household countable earned and unearned income by
providing current documentation of income for biological parents, stepparents,
and legal guardians of the child(ren) for whom child care assistance is sought,
living in the household, who receive such income. A self-employed individual
who does not show a profit that is equal to federal minimum wage times the
amount of hours needed per week within 24 months from the start date of
receiving child care assistance will be evaluated by the child care assistance
supervisor, at which point services may be reduced or discontinued.
(8)
Calculating income:
(a) Current income provided to determine
eligibility shall be used as an indicator of the income that is and shall be
available to the household during the certification period. Fluctuation(s) of
earnings may be taken into account as specified in Paragraph (3) of Subsection
C of 8.9.3.11 NMAC.
(b)
Conversion factors: When
income is received on a weekly, biweekly, or semimonthly basis, the income
shall be converted to monthly amount as follows:
(i) Income received on a weekly basis is
averaged and multiplied by four and three-tenths. Weekly income is defined as
income received once per week.
(ii)
Income received on a biweekly basis is averaged and multiplied by two and
fifteen one-hundredths. Biweekly income is defined as income received once
every two weeks. Income is received on the same day of the week each pay
period, therefore receiving 26 payments per year.
(iii) Income received on a semimonthly basis
is averaged and multiplied by two. Semimonthly income is defined as income
received twice per month every month of the year. Income is received on
specific dates of the month, therefore receiving 24 payments per
year.
(iv) Income received on a
monthly basis is averaged and multiplied by one. Monthly income is defined as
income received once per month.
D. Residency requirement: An applicant of
child care assistance and a child care provider must be a resident of the state
of New Mexico. Proof of residency is required.
E. Citizenship and eligible immigration
status: Any child receiving child care assistance must be a citizen or legal
resident of the United States; or a qualified immigrant as defined by the
United States department of health and human services, administration for
children and families, office of child care.
F. Age requirement: Child care benefits are
paid for children between the ages of six weeks up to the day in which the
child turns 13 years old. Eligibility determinations made prior to a child
turning 13 years old may be granted a 12-month eligibility period or a lesser
period of time as determined by the department for at-risk child
care.
G. Special supervision:
Children between the ages of 13 and 18 who are under the supervision of a court
of law, or who are determined by a medical or treatment professional to require
supervision.
H. Work/education
requirement: Child care benefits are paid only for families who are working,
attending school or participating in a job training or educational program and
who demonstrate a need for care during one or more of these activities. Clients
who are receiving TANF are required to submit verification of the TANF approved
activity unless they are exempt by TANF. The department may, in its discretion,
exempt a client or applicant from the work/education requirement upon
submission of a demonstration of incapacity.
I. Calculating Need for Care: The department
determines the number of hours of care needed in consultation with the parent
or legal guardian at the time of certification and approved hours are reflected
in the child care placement agreement covering the certification period. The
department determines the number of hours of care needed based on the
qualifying activity of the parent or legal guardian and physical custody of the
child, as applicable. Clients and caseworkers shall negotiate a reasonable
amount of study and travel time, which is an individualized determination based
on each client's specific needs, during the application process and special
attention shall be paid to the child's specific needs. The department
determines the number of hours of care needed based on a maximum weekly need
and approved based on the units of service set forth below in Subsection E and
F of 8.9.3.17 NMAC.
J. Children enrolled in head start,
kindergarten, school or other programs: Child care benefits are not paid during
the hours that children are attending head start, kindergarten, New Mexico
pre-k, school or other programs, such as online or home-schooling. Child care
benefits are paid during the hours that children are attending a dedicated
Early Head Start-Child Care Partnerships Program funded by the U.S. Department
of Health and Human Services, Administration for Children and Families, Office
of Child Care.
