New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE
Part 3 - CHILD CARE ASSISTANCE; REQUIREMENTS FOR CHILD CARE ASSISTANCE PROGRAMS
Section 8.9.3.13 - CLIENT RESPONSIBILITIES
Current through Register Vol. 35, No. 18, September 24, 2024
Clients must abide by the regulations set forth by the department and utilize child care assistance benefits only while they are working, seeking employment, attending school or participating in a training or educational program.
A. Copayments:
Copayments are paid by all clients receiving child care assistance benefits,
except for at-risk child care and qualified grandparents or legal guardians.
Copayments are determined by income and household size. The copayment schedule
is published yearly at
B. Copayments described in Subsection A of 8.9.3.13 NMAC, are used for determining the base copayment for the first eligible child. The formula for determining the copayment amount based on the copayment schedule is the gross monthly household income multiplied by the applicable percent of the federal poverty level percentage (FPL) for family size (see, Subsection D of 8.9.3.13 NMAC), which will equal the monthly copayment. The base copayments for the second child in the family is determined at one half of the copayment for the previous child. If there are more than two children in the household accessing child care assistance, the copayment will be waived for any additional children.
C. Each child's copayment will be adjusted based on the units of services described in Subsection E of 8.9.3.17 NMAC, as follows:
D. Below is the cost sharing chart with the
formula used to determine child care copayments as set forth immediately above
and as published yearly at
FPL Percent Income Increments |
Percent of Gross Income (Monthly) to Determine Copay |
0.00 to 185.00 |
0.00% |
185.01 to 200 |
0.29% |
200.01 to 210 |
0.59% |
210.01 to 220 |
0.88% |
220.01 to 230 |
1.18% |
230.01 to 240 |
1.47% |
240.01 to 250 |
1.76% |
250.01 to 260 |
2.06% |
260.01 to 270 |
2.35% |
270.01 to 280 |
2.65% |
280.01 to 290 |
2.94% |
290.01 to 300 |
3.24% |
300.01 to 310 |
3.53% |
310.01 to 320 |
3.82% |
320.01 to 330 |
4.12% |
330.01 to 340 |
4.41% |
340.01 to 350 |
4.71% |
350+ |
5.00% |
E. Clients pay copayments directly to their child care provider and must remain current in their payments. A client who does not pay copayments may be subject to sanctions.
F. In-home providers: Parents or legal guardians who choose to use an in-home provider become the employer of the child care provider and must comply with all federal and state requirements related to employers, such as the payment of all federal and state employment taxes and the provision of wage information. Any parent or legal guardian who chooses to employ an in-home provider releases and holds the department harmless from any and all actions resulting from their status as an employer. Payments for in-home provider care are made directly to the parent or legal guardian.
G. Notification of changes: Clients must provide notification of changes via fax, e-mail, or telephone that affect the need for care to their local child care assistance office.