CHILD CARE PROGRAM GOALS AND DEFINITIONS

1.1.1. Program Description

Child care is a service which offers direct care and protections of infants, preschool, and school-age children during a portion of a twenty-four (24) hour day inside or outside of the child's own home. Child care is generally provided to children under the age of thirteen (13). In some situations, such as mental retardation, physical or behavioral disorders, or the need for supervision for children under court supervision, a child care plan up to age eighteen (18), may be considered.

1.1.2. State Goals

The primary goal of child care services is to provider experiences to children which will foster their healthy development while enabling their parents to participate in work or educational activities. Child care supplements the care and protection that a child receives from his parents.

1.1.3. Federal Goals

The federal Child Care & Development Fund, which provides the primary funding for the state's child care program, requires the state to develop a plan for operation of services. The state plan must address how federal funds will be utilized to address the federal goals for child care: to improve the affordability, availability, and quality of child care programs. Further information about how the state is addressing hose goals is included in the West Virginia Child Care Plan which may be accessed through the Bureau for Children and Families web site at http://www.wvdhhr.org/bcf/online-doc.asp .

1.2.1.Accreditation:

Certification by a qualified entity, generally nationally recognized, that a program meets

accepted standards of excellence established for such programs.

1.2.2.Adult:

An individual who is 18 years of age or older.

1.2.3.Applicant:

Anyone who applies for or requests child care services regardless of his/her race, color

creed, national origin, sex, age, or marital status; or, anyone who applies to be a child

care provider.

1.2.4.Approval:

Process by which DHHR approves a child care facility that is not required by law to be regulated which enables the service provider to participate in the child care subsidy certificate program.

1.2.5.Certificate of Registration:

A statement issued by the Commissioner to a family child care home upon receipt of a self-certification statement of compliance with the applicable rules promulgated by the Commissioner.

1.2.6.Certification:

A statement issued by the Commissioner to a family child care facility upon satisfactory inspection, approval and certification that the facility has complied with the applicable rules promulgated by the Commissioner.

1.2.7.Child:

An individual who is: 1) under 13 years of age, 2) Is 13 to 18 years of age and is either under court supervision or a special needs child as defined in 1.2.42.

1.2.8.Child Care Resource and Referral Agency (CCR&R or R&R):

An agency under contract with the Department of Health and Human Resources to maintain provider resources, provide consumer education, manage the child care subsidy program, refer parents to available providers, and offer services to improve the quality of child care, such as provider training and technical assistance.

1.2.9.Day Care Center or Child Care Center:

A facility operated for the care of 13 or more children on a nonresidential basis.

1.2.10.DHHR:

West Virginia Department of Health and Human Resources.

1.2.11.Emancipated Minor:

A child over the age of sixteen who has petitioned a court for emancipation and who has been declared by the court to be emancipated with all rights and duties of an adult; additionally all children who are now or were previously legally married.

1.2.12.Facility:

A place or residence, including personnel, structures, grounds and equipment used for the care of a child or children on a residential or other basis for any number of hours a day in any shelter or structure maintained for that purpose.

1.2.13.FACTS:

The Family and Children Tracking System (FACTS) is the management information system used to maintain child care information on families and providers, determine eligibility and process payments.

1.2.14.Fail to Renew:

Refers to action taken at time of review or re-application when a provider fails to comply with requirements and a decision is reached not to issue a certificate.

1.2.15.Family:

One or more adults and children, if any, related by blood or law, and residing in the same household. Where adults other than spouses reside together, each shall be considered a separate family. Emancipated minors and children living under the care of individuals not legally responsible for their care shall be considered as separate families.

1.2.16.Family Day Care Home or Family Child Care Home:

A facility which is used to provide nonresidential child care for compensation in the provider's home. The provider may care for four to six children, including children who are living in the household, who are under six years of age. No more than two of the total number of children may be under twenty-four months of age.

1.2.17.Family Day Care Facility or Family Child Care Facility:

Any facility which is used to provide nonresidential child care for compensation for seven (7) to twelve (12) children for four (4) or more hours per day, including children who are living in the household who are under six years of age. No more than four (4) of the total number of children may be under 24 months of age.

1.2.18.Foster Home:

A private residence which has been certified by the Department of Health and Human Resources or by a licensed child placing agency to provide care on a residential basis for children who are unrelated by marriage or adoption to any other adult member of the household.

1.2.19.Full Day:

Care exceeding four (4) hours but less than eighteen (18) hours per day, (from 4 hours and 1 minute up to 17 hours and 59 minutes)

1.2.20.Head of Household:

A natural parent, step parent, or an individual acting in loco parentis, such as a relative or non-relative who has been granted custody or guardianship by a court of law or who has assumed full physical custody and responsibility for a child, with or without legal custody.

1.2.21.Hobby:

an activity done for relaxation, and not for the purpose of meeting the basic daily living expenses of the individual. Activities generating income below the tax liability limit of $5000.00 per year shall be considered a hobby.

1.2.22. Household:

A household consists of all individuals who live at the same address and share common kitchen facilities. See Chapter 2, Financial Eligibility for Child Care Services Section.

1.2.23.Income Eligibility:

A method of determining eligibility that is based on establishing that the monthly gross income of the applicant/recipient's family is no more than the maximum income level allowable for the service requested or delivered.

1.2.24.Informal Family Child Care:

An informal family child care home provides care for three (3) or fewer children. At least one (1) child is not related to the caregiver and the provider must be requesting reimbursement for at least one (1) child through the child care certificate system. Informal child care providers must receive approval in order to accept child care certificates.

1.2.25.In-Home Care:

In-home child care is provided by relatives or non-relatives for a child or children in the child's own home.

1.2.26.Livelihood:

means of support or survival in which an individual engages to meet daily living expenses.

1.2.27.Monitoring:

A method of evaluating a child care program that includes physical inspection of the facility and determination of compliance with applicable rules.

1.2.28. Monthly Gross Income:

Monthly gross income is the total amount of money, prior to deductions, received or earned monthly by members of a family.

1.2.29.Non-Traditional Work Hours:

Non-traditional work hours are defined as:

1.2.29.1.

Approved care exceeding four (4) hours provided either before 6:00 am or after 7:00 pm Monday through Friday;

1.2.29.2.

Any 12 hour work shift or split shift which equals twelve or more work hours (including transportation) in a 24 hour period, and

1.2.29.3.

Approved care exceeding four (4) hours provided on a Saturday or Sunday.

1.2.30.Parent:

A parent by blood, marriage or adoption; or a legal guardian or other person standing in loco parentis, such as foster parents, grandparents, other relatives, and persons receiving TANF benefits for children only.

1.2.31.Part Day 2- 4 hours:

Care provided at least 2 hours but not exceeding 4 hours per day.(from 2 hours and 0 minutes up to 4 hours and 0 minutes)

1.2.32.Part Days less than 2 hours:

Care provided for more than 1 minute but not exceeding 1 hour and 59 minutes per day.

1.2.33.Provisional registration:

A conditional certification of registration issued to a registered family child care provider who is temporarily unable to comply with all established rules.

1.2.34.Provisional license or certification:

A temporary license or certification that is provided to:

1.2.29.1.

A new center or facility which is unable to demonstrate full compliance because the program is not fully operational; or

1.2.29.2.

An existing center or facility that is temporarily unable to conform to the provisions of the established rules.

1.2.35.Registration:

Process by which a family child care home self-certifies compliance with the promulgated rules.

1.2.36.Relative Family Child Care:

A relative family child care home provides care only to children related to the caregiver. The caregiver must be a grandparent, great grandparent, aunt, uncle, great-aunt, great-uncle or adult sibling and must be requesting to serve at least one (1) child through the child care certificate system. This type of care must receive approval in order to participate in the child care subsidy certificate program.

1.2.37.Resident:

An individual who maintains a home within the State of West Virginia or who is a migrant worker or a transient. There are no requirements as to the duration of residency or citizenship for applicants for child care subsidy.

1.2.38.Revoke/revocation:

Negative action taken by terminating certification or registration when a provider fails to maintain established requirements of child care.

1.2.39.Self Employment - Home-based:

Self Employment in which the primary function of the business is performed in the home. Examples: a beautician with a salon in her garage, a family auto repair business operated in a building next to the family's residence.

1.2.40.Self Employment - other:

Self Employment in which the primary function of the business is performed at a location other than the family's home. Example: plumber, lawn care business, construction worker, handy man, hairstylist who rents a booth. These individuals may use a portion of their home as a home office to conduct phone business or accounting, but cannot claim the home office as an allowable deduction since the primary function of their work occurs elsewhere.

1.2.41.Service Provider:

Individuals who provide child care or other types of service to individual recipients. Providers are not required to meet any service eligibility criteria.

1.2.42.Special Needs Child:

One who experiences significant developmental delays or who has a diagnosed physical or mental condition which has a high probability of resulting in a significant developmental delay. Significant delay is a 25% delay in one or more areas of development or a six (6) month delay in two (2) or more areas. Areas of development include: cognitive, speech/language, physical/motor, vision, hearing, psycho social, and self-help skills. Developmental delay is determined by early intervention programs, special education programs, or other multi-disciplinary teams.

1.2.43.Status Check:

A semi-annual report generated and populated by FACTS which is sent to child care recipients to assess continuing eligibility to receive child care services.

1.2.44.Unlicensed School Age Child Care Program:

Programs that care only for school-age children over 5 years of age and operate less than four (4) hours per day. Under current law, these programs are exempt from licensure.

1.2.45.Variance:

A declaration that a rule may be accomplished in a manner different from the manner set forth in regulation.

1.2.46.Waiver:

A declaration that a certain rule is inapplicable in a particular circumstance.

1.2.47.Working:

Receiving a non-subsidized wage or salary for the work performed.

CHILD CARE SERVICES APPLICATION PROCESS

2.1.0. Application Overview

Any parent who wishes to request child care services may apply to contacting the local Child Care Resource and Referral (CCR&R) agency. The applicant, or parent/head of household, must have custody of the child(ren) or reside with the child(ren). The R&R agency is responsible for taking applications and determining eligibility for subsidized care. While an application may be completed by a parent prior to an office visit, workers should consult with their supervisors for guidance in processing these applications. The R&R agency staff shall conduct a face to face interview with the parent within 5 days of the parent's initial contact.

The parent applies by completing the Application for Child Care Services (DAY-0614 or SS-CC-1) or by supplying the application information to the R&R child care worker who then completes the Child Care Intake screens in FACTS. The parent must sign the application signature page which certifies an understanding of the process and verifies that the information is true and complete.

2.2.0. Application Interview Process

An interview must be held with the parent(s) upon completion of the application. During the interview, the R&R worker explains how child care services are provided, and the parent supplies information needed to make appropriate child care arrangements. The worker shall document any important information from the interview in FACTS.

The interview shall include:

2.2.1. Evaluation of the need for child care services.

(See Chapter 3, Need for Child Care Section).

2.2.2. The determination of financial eligibility.

(See Chapter 4, Financial Eligibility for Child Care Services Section, and Appendix A).

2.2.3.

Parent(s) shall be notified of the status of the application in the following manner:

2.2.3.1.

If the applicant is not eligible for services, the CCR&R worker shall issue a Child Care Parent Notification Letter (DAY-0179) that states the application is denied.

2.2.3.2.

If the application cannot be completed due to the need for additional information or documentation, the worker shall issue a Parent Notification Letter (DAY-0176) indicating that the application will be denied if the necessary information is not received within 13 days.

2.2.3.3.

If the applicable information is received and the client is eligible:

A.A Child Care Certificate (DAY-0176) is issued from FACTS and given to the parent who signs it and then gives it to the provider to be retained in the provider's record. The R&R worker may provide a Parent Notification Letter (DAY-0177) and a Provider Notification Letter (DAY-0613) on a temporary basis until the case is entered in FACTS and a permanent Child Care Certificate is issued to the parent.

B.The Certificate or Provider Notification Letter (DAY-0613) is an indication that DHHR will pay for a portion or all of the approved services. However, parents and providers must understand that new providers who have not completed the payment enrollment process or providers who have been closed for more than 12 months shall not receive reimbursement unless they attend payment enrollment training and complete a provider application within 30 days of client application.

C.The starting date on the initial Certificate shall be the date of client application. If care does not begin until a later date, the worker shall modify the Certificate to start o the later date. Applications shall not be future dated.

D.If the parent changes providers during the certificate period, he/she must notify the R&R worker in writing within five (5) working days, and request that a Certificate be issued for the new provider. R&R staff may ask the previous provider to return the child care certificate to the R&R office, but the return is not necessary for the termination of payment to the provider or the continuation of services to the family.

2.2.4. Assessment of the family's needs and a review of children to be placed in child care.

This assessment needs to determine the developmental level of the child, any health and/or emotional problems, and the existence of any special needs.

2.2.5. Explanation of the types of child care available and the regulation required for each.

(See Chapter 6.2.0, Parental Choice).

2.2.6. Explanation of the payment rates available through the program and an explanation of allowable charges by the provider.

(See Chapter 6.3.2, Certificate System Payment Rates Section, and Appendix B - Child Care Payment Rates Allowable charges by the provider shall be limited to: reasonable registration fees, transportation fees, late fees and charges for time not approved by the agency. The Provider shall inform the parent of these fees prior to enrollment. If the parent is responsible for paying a portion of the daily fee, the daily fee shall only be charged for days that the child is actually in care.

2.2.7. An explanation of the parent's rights as a recipient of child care services. The parent:

2.2.7.1. Retains all legal rights to the child while the child is in care.

2.2.7.2. Makes decisions about choice of child care providers. Through the child care certificate program, the parent shall be allowed to choose among a variety of child care options. (See Chapter 4, Parental Choice Section). Parents must understand, however, that safety of children is a primary concern. Therefore, providers must offer a safe environment and comply with state regulatory statutes. Background checks are completed by DHHR to determine if staff, providers or any other adults in a caregiver's home have a history of child/adult abuse or neglect or a criminal record.

2.2.7.3. May request a list of substantiated parental complaints on any licensed, certified or registered provider from the R&R worker or from the DHHR Child Care Worker. Lists of substantiated complaints are obtained from FACTS (DAY-0616) and shall be limited to standards violations.

2.2.7.4. May appeal any denial and/or termination of child care services.

2.2.7.5. Has the right to have all provider fees disclosed prior to beginning services with the provider.

2.2.8. A discussion of the parent's responsibilities as a recipient of child care services.

The R&R worker shall explain the importance of:

2.2.8.1. Visiting providers before selection and placement of children, as well as monitoring care throughout placement.

2.2.8.2. Maintaining continuity of care for children. Parents shall be informed of the detrimental effects of frequent changes in provider. Clients choosing school-based care (i.e. after school programs located in schools), or clients choosing child care centers only open on weekdays, but who also need evening and/or weekend care shall be encouraged to choose a back-up provider for summer care/days when the school-based care or center is unavailable. Parents shall be issued a certificate for the back-up provider. The worker shall note on the back-up provider certificate that the certificate is being provided as such, and care billed by the back-up provider shall only be approved for times when the primary provider is unavailable. Information on the use of a back-up provider shall be recorded in FACTS contacts, and include allowable times and reasons for use.

2.2.8.3. Complying with the provider's rules and procedures, such as picking the child up on a timely basis, providing clothing changes, etc. Parents should understand the importance of a cooperative relationship with their child's provider. A positive relationship between the adults enhances the child's experiences in care and often eliminates problems such as disruption in the current child care arrangement.

2.2.8.4. Discussing with the provider any custody or visitation issues and providing names of people allowed to pick up the child(ren).

2.2.8.5. Insuring that the provider of choice receives a signed Child Care Certificate (DAY-0176) or Provider Notification Letter (DAY-0613) prior to accepting children in care. The certificate or notification letter is the provider's only assurance of payment.

2.2.8.6. Signing children in and out of care on a daily basis. Parents may allow a provider or child care program staff to sign a child in or out, as applicable, if the child is transported to or from care by the provider or school buses.

2.2.8.7. Paying the child fee directly to the provider on a schedule negotiated between them.

2.2.8.8. Making private arrangements with the provider for payment if care is used for reasons and times not needed or not listed on the Certificate. The Agency will not pay for child care provided while parents attend medical appointments, go shopping, or participate in other non-work or school related activities.

2.2.8.9. Supplying the provider with a completed child health assessment form (ECE-CC-3C) on all children who have not reached their 6th birthday. The provider retains the form in the child's record, except with in-home care where the parent is responsible for maintaining child health assessment and immunization records. When changing providers, the parent shall obtain a copy of the medical record for the new provider.

2.2.8.10. Supplying the provider with a completed, notarized Emergency Information Form (ECE-CC-10E) to be maintained in the provider's files.

2.2.8.11.Reporting changes in circumstances within five days. Failure to report changes to the agency may result in case closure, repayment of services used for time not approved, and/or 30 day penalty closure before services can be reopened. Income changes during the six (6) month period will not impact a parent's continuing eligibility for care unless the parent requests a redetermination due to decreases in income that might result in reduced fees. However, the parent(s) shall report the following changes in circumstances to the provider and to the agency, as appropriate:

A.Changes in identifying information - household members, address, telephone numbers, etc.

B.Changes in family size affecting eligibility-

1)Additions to household size: child, spouse, biological parent of children in the home, If the case worker has reason to believe that the client is not accurately reporting family size, the case worker can request verification: i.e. birth certificate, adoption documents, statement of acting in loco parentis for the addition of a child, or a copy of marriage certificate for the addition of a spouse.

or

2)Subtractions to household size: child, spouse or biological parent of children. If the case worker has reason to believe that the client is not accurately reporting family size, the case worker may request verification by legal documentation (i.e. legal separation papers, divorce decree, notice of removal of child from home). If no legal documentation is available, two notarized statements by persons other than relatives stating that the person is no longer in the home may be substituted.

C.Changes in employment - place of employment or days and hours worked.

D.Changes in provider. Clients who use school-based care providers, and have a designated back up for summer care/days that the school-based program is unavailable are not considered to be "changing providers" as the client has already informed the worker that the back up provider becomes the primary care provider when the school-based program is unavailable.

E.Loss of employment or termination from educational or training programs.

F.Need for job search time. Job search time must be requested and approved by the agency.

G.When entering changes of circumstances to the FACTS record, a new assessment is done only when changes are made to number of people in the family or income amounts that result in a reduction of fees. Recipients must verify income amounts. A new assessment changes the status check tickler to six (6) months from the date of the new assessment.

2.2.8.12 Renewing the certificate by completing a status check at least 2 weeks before the current certificate expires. The R&R agency will send a status check to the client, by mail, 30 days before the certificate expires. However, it remains the parent's responsibility to obtain and complete a status check to renew the certificate.

2.2.8.13. Submitting changes in circumstances during the status check completed every six (6) months after initial application. A new Certificate will be sent to parents every six (6) months based on successful completion of the status check. Status checks verify income and continuing need for services.

A.If a parent fails to fulfill these responsibilities, the worker shall give a written warning regarding specific problems, noting that subsequent abuses may result in a 30-day penalty closure.

B.When a parent continues to use child care services when the need no longer exists (e.g., parent has lost job or quit school), the case will be closed and no further payment made. The Recipient shall repay to the agency any child care monies paid on their behalf during the period of ineligibility.

C.If intentional misrepresentation may have occurred and if the estimated amount exceeds $1,000, the case will be referred to the Director of Investigation and Fraud Management. If the estimated amount is under $1,000, arrangements shall be made for recoupment. (See Chapter 6, Section 7, Suspected Fraud).

2.2.9. Provision of a list from FACTS of registered family child care providers, certified family child care facilities, un-licensed school-age child care programs, and child care centers who meet the family needs. The list shall include the name, zip code and telephone number of potential providers.

2.2.10. Provision of the Child's Medical Record (ECE-CC-3) to be completed and given to the provider for any child under the age of 6 years.

2.2.10.1. The medical examination and the immunization report/plan must be completed within thirty (30) days of placement and updated annually. If immunizations are not current, the parent must give the provider a schedule for completion.

2.2.10.2. Parents shall be referred to the Health Check clinics (formerly known as EPSDT) and local Health Departments to obtain physical examinations and immunizations, but may choose to utilize private physicians. The Health Check form or child health assessment form from a Head Start or child care center, which contains immunization information, can be substituted for the ECE-CC-3C, if the form contains the same immunization requirements as those on the ECE-CC-3C and shows the date of completion. However, a note from the physician without a standard medical form is not acceptable.

2.2.10.3. Exemptions from immunization requirements are available for children whose parents provide written documentation of religious objections to immunization or when immunization is contraindicated based on a child's medical condition. However, a provider has the right to refuse to accept a child with an exemption.

2.2.11. A discussion of the Child Care Parent Services Agreement (DAY-0162).

The parent and R&R worker shall sign the agreement, and a copy given to the parent for her records.

2.2.12.A notification of other services offered by DHHR, such as Food Stamps, CHIP, TANF, children with special health care needs, and other community resources.

DETERMINATION OF CHILD'S ELIGIBILITY & NEED FOR CHILD CARE

3.1.0. Eligibility of Children

In order to be eligible for child care services, a child must:

3.1.1. Be under 13 years of age, or may be 13 to 18 years of age if:

3.1.1.1. Under court supervision; the family must provide documentation. Once documentation is received, the R&R worker shall enable the "Under court supervision" box on the child's General Information Screen in FACTS.

or

3.1.1.2. Meet the definition of special needs child. (See Chapter 1, Definitions Section, for definition of special needs). Children presenting a significant delay of at least 25% in one or more areas of development, or a six (6) month delay in two or more areas as determined by an early intervention program, special education program or other multi-disciplinary team shall be eligible for the Special Needs status. The family must provide the CCR&R with a copy of the child's assessment verifying the special needs status. Once documentation is received, the R&R worker shall enable the special needs box on the child screen in the Child Care Assessment.

3.1.2. Reside or live at the same address, with a family meeting the following criteria:

3.1.2.1. Monthly gross income, by family size, falls within the eligibility guidelines in Appendix A;

OR

3.1.2.2. Receives TANF benefits (not including TANF benefits received for children only) and is participating in:

A.WV Works approved training and education activities.

B.Self-initiated training and education activities.

C.Employment;

OR

3.1.2.3. Persons receiving TANF for children only who meet monthly gross income by family size.

3.1.3. Reside with his/her parents. (See Chapter 1, Section 2.30, for definition of parent).

3.1.3.1. If both parents, or a parent step-parent are in the home, child care services cannot be approved for work or training related needs unless both are working or attending school/training.

3.1.3.2. In cases where parents have joint custody or share custody of their children and both parents are eligible to receive child care assistance, the parents shall have separate cases and shall be entered into FACTS as two (2) families. Each parent is responsible for paying the fee on the days the child is in his or her custody. The amount of fee paid is determined as follows:

A.When the parents use different providers, each parent must pay the fee amount based on his or her income.

B.When the parents use the same provider, each parent shall pay the amount of the lowest assessed fee.

1)To ensure that the provider is aware of the correct fee, both Child Care Certificates shall reflect the lowest assessed fee. The certificate reflecting the higher fee should be manually changed to the lower fee.

2)In order to ensure that the provider receives full payment, the billing specialist shall only select and pay on the child name linked to the case with the lowest assessed fee.

3)Case Managers shall not close cases in this situation for inactivity unless both parent's cases reflect no activity for 90 days.

3.1.3.3. For a foster home who needs child care because the foster parents are participating in education or employment, services are available for children in the state's custody. (See Chapter 1, #18, for definition of foster home).

A.In FACTS, each foster child or sibling group is a separate family within the household and financial eligibility is based on the foster child's income. Child income, such as child support, shall be entered in FACTS with any fees for service waived. Boarding care payments are not considered income for a child.

B.Designate one of the foster parents as head of household, but exclude foster family income in determining eligibility. Foster parents must verify employment or participation in work or attendance in an education or training program.

3.1.4.Be a US citizen or a "qualified alien" as defined by the Immigration and Nationality Act. Only the citizenship and immigration status of the child, who is the primary beneficiary of the child care benefit, is relevant for eligibility purposes. The child must be a citizen or a qualified alien.

3.1.6. Child Support Requirement:

All biological parents applying for child care for children of an absent parent must show proof of child support received (using the acceptable verification documents listed in Chapter 4, section 4) or pursued from each absent parent, with the following exceptions:

3.2.0. Need for Child Care

Children whose circumstances meet one of the criteria described in this section shall be determined to be in need of child care services:

3.2.1.Children of income-eligible parents who are working (not self employment). Employment must be verified by the client submission of one month's worth of check stubs, or by the (New Employment Verification Form (ECE-CC-1B) in the case of new employment situations in which the applicant has not yet received pay: Clients using the ECE-CC-1B to verify employment must submit one month's worth of check stubs to the agency as soon as they are received. Failure to supply follow up check stubs will result in case closure.

3.2.1.1. Job Search for Current Recipients: Interim child care may be provided for up to one month for current recipients who have lost employment or who have completed school and are looking for work. Recipients must contact the agency, complete a Job Search Request form (ECE-CC-1D), request job search time, and:

A.Shall be granted one job search per six month period.

B.Shall be granted job search time for 5 hours per day, 4 days per week.

C.Shall be granted for 30 days from the last date of previous employment.

3.2.1.2. Parents whose income changes during a certificate period shall remain eligible for services until the next status review.

3.2.1.3. Parents who are working at night may be approved for a maximum of eight additional hours of sleep time. However, children shall not remain in care longer than 18 hours within 24 hour period.

3.2.1.4. Parents whose work shifts are between 18 and 72 continuous hours in a one week span may receive child care services provided:

A.Verification is provided from the employer of the length of the work shift;

B.Child care is not used as a substitute for residential care if the work is performed as part of the parent's residential rehabilitation program or other similar treatment program;

C.The provider, if regulated under state law, obtains a waiver for the care of the parent's child(ren) beyond the number of hours permitted by regulation;

D.The Child Care Resource and Referral agency supervisor has reviewed and approves the application;

E.This care is intended for those who are employed by public service type agencies such as fire departments, law enforcement, emergency response, health care, human services and mental health services. It is not intended to be used as respite care or in place of foster care.

3.2.2. Children of income eligible parents who are self-employed:

3.2.3. WV WORKS:

Children of parent(s) who receive TANF benefits and who are participating in an approved work activity under WV WORKS. Approved work activities include:

3.2.3.1. Unsubsidized employment (fully employed in the private sector with no DHHR subsidy to employer or employee); Subsidized private or public sector employment (DHHR subsidizes or funds all or a portion of the employee's salary);

3.2.3.2. Participation in the Joint Opportunities for Independence (JOIN) Program, a work experience and skill acquisition program primarily operated by private sector providers. Placements are limited to 32 hours per week with an additional requirement of 6 hours weekly in job search;

3.2.3.3. Job Readiness/Job Search that provides classroom training and actual job search for up to 6 weeks (no more than 4 consecutive weeks), with minimum participation of 120 hours per month;

3.2.3.4. Attendance at secondary school or course of study leading to GED in the case of a teen recipient who has not completed secondary school;

3.2.3.5. Adult basic education for parents over the age of 20 who do not have a high school diploma or GED. Approved classes include English as a Second Language, literacy and remedial education classes;

3.2.3.6. Post secondary education activities such as work study, clinicals, practicums and student teaching activities;

3.2.3.7. Vocational education training, if courses provide employment skills (not to exceed 12 months for any one individual);

3.2.3.8. On-the-Job Training or the Employer Incentive Program (EIP), a subsidized training and employment program;

3.2.3.9. A participant in the Community Work Experience Program (CWEP), a work experience activity operated in public and non-profit agencies; or

3.2.3.10. A participant in Community and Personal Development Services including participation in parenting activities, structured mentoring activities, financial, nutritional, emotional and other personal development counseling, substance abuse counseling, volunteer work with local community based agencies and sheltered workshops.

3.2.4. Job Training/Education:

Children of parents who verify attendance at job training and educational programs. Job training/education is defined as on-the-job training, vocational training, skill training, secondary school programs, post secondary schools, colleges and universities. Parents shall be considered eligible for care with the following clarifications:

3.2.4.1. Reasonable Study Time: When parents are involved in educational activities or training requiring non-classroom study, reasonable study/research periods are allowed.

A.Generally, 1 hour of study time per hour of classroom activity is appropriate.

B.When possible, study periods shall be arranged between classes or immediately following the last class of the day in order to provide a consistent and uninterrupted routine for the child(ren) in care. Parents may participate in "Study Groups" if the group's meetings fall within study time already granted by the caseworker.

C.When granting study time, the case worker should consider the:

1)Complexity of the client's classes

2)Amount of time in between classes

3)Ages of the client's children

4)Type of Program/Degree being pursued by the client and whether class work is completed during class time (such as with trade schools) or if the student is expected to complete class work outside of class.

D.Child care can also be granted for educational activities required to maintain scholarship eligibility, provided that participation in the required activity prevents direct supervision of children.

Example 1: A student attending college on a volleyball scholarship would be unable to supervise her children while attending mandatory practices and games. Child care time can be granted to participate in this activity.

Example 2: A student attending college on an educational scholarship is required to walk for 45 minutes, three times per week as a course requirement. Child care can not be approved for this activity, since the parent could take the children with her and complete the walk requirement.

3.2.4.2. Web Based and/or Correspondence Learning: When parents are involved in educational web-based or Correspondence learning from accredited universities or colleges, child care can only be approved if:

A.All of the following are met:

1)The class is offered only at a regularly scheduled time. (i.e. 11:00 am every Monday and Wednesday) Web based classes that the parent may take at any time do not fit this criteria.

2)The child(ren) in need of care are under the age of six.

3)There is not another parent in the home available to take care of the child(ren).

OR

B.The parent must leave the home to have access to a computer, and the children in need of care are under the age of six.

3.2.4.3. Interim care may be provided for a maximum of two weeks between training courses or school breaks at the client's request, if the following conditions are met and the child care would otherwise be lost because the provider:

A.Is at full capacity;

B.Has a waiting list and another child ready to take that child's spot;

C.Has a written attendance policy stating children must attend the program a minimum of fifteen (15) days per month; and

D.The child has not already met the attendance requirement.

3.2.4.4. Parents who attend educational activities or training must provide documentation of satisfactory progress and attendance. For college students, this is demonstrated by maintaining a 2.0 grade point average. Students who fail to maintain 2.0 grade point average, or whose grade report reflects withdrawals and/or incompletes in more than half of the semester's classes shall be given an improvement period for one semester upon provision of a letter from the college confirming the student continues to attend classes. A copy of the student's grades will document compliance. Other students will need to submit statements from the educational or training facility which document that attendance and progress are satisfactory. If the student fails to meet the 2.0 requirement within the improvement period, the case shall be closed.

3.2.4.5. Parents who are being Home Schooled may be approved for care when the home schooling teacher provides the parent with a schedule of study verifying the need for care and the days and hours that care is needed.

3.2.5. Supportive Services for Child Protective Services Recipients -

Children residing with parents that are unable to provide adequate care or supervision and whose parents need support and assistance with child care responsibilities to prevent or alleviate child abuse or neglect.

3.2.5.1. Child care services shall not be viewed as an entitlement for recipients of child protective services. Rather, it is a supportive service for recipients of child protective services to be used in conjunction with other needed services, such as parent education or counseling.

3.2.5.2. Child protective services recipients shall be allowed to exercise their choice of child care providers, unless the CPS or the child care worker determines it is not in the best interests of the child.

3.2.5.3. Since the provision of child care in this circumstance shall be coordinated with protective services staff to insure that care is necessary and appropriate, it must be component of the CPS Safety Plan (DDE CPS-0149), CPS Treatment Plan (DDE CPS-0154) or the WV Safety First Plan.

3.2.5.4. For documentation, the CPS worker must supply the R&R child care worker with the safety or treatment plan that contains the goal associated with the need for child care before the R&R worker issues a Certificate. The safety plan must document the days and hours that child care is needed.

3.2.5.5. The R&R worker must receive a copy of the safety plan prior to issuing a Certificate when completing six months status checks.

3.2.5.6. For families whose income falls within the income eligibility guidelines, the applicable fee shall be charged unless waived in the Safety or Treatment Plan. The plan shall state the reason for including the waiver.

3.2.5.7. For families whose income exceeds the eligibility guidelines, income and fees may be waived only if child care is a component of the Safety Plan designed to prevent a child's removal from the biological/adoptive parent's home. If the child has already been placed outside the biological/adoptive parent's home (i.e. caretaker relative's home), this waiver is not applicable.

3.2.6. Exceptions to Eligibility -

In certain extraordinary situations child care may be approved for children under the age of six years in the following circumstances:

3.2.7. Over Night Care:

The child may occasionally need overnight care, e.g. when parents are briefly hospitalized or need to attend short term training sessions out of town.

3.2.7.1. Payment may be made in this type of situation for a family already receiving child care services.

3.2.7.2. However, a parent may not be approved for child care services to specifically meet the need for 24-hour care. When a parent needs services for 24-hour residential care only, the R&R worker should explore other appropriate programs.

3.2.8. Court Ordered Child Care Services for Otherwise Ineligible Children:

Occasionally, a court will order that child care be provided for a family who does not meet eligibility requirements or whose income exceeds guidelines. When this occurs, a copy of the court order shall be forwarded to the Payment Division of the Bureau for Children and Families. Payments may not be made in FACTS for ineligible families.

3.2.9. Need for Care:

Any parent who does not use child care assistance for an extended period of time no longer has an established need for child care assistance and therefore may not remain an active case. (See procedures in Chapter 5, Case Management, Section 5.1.4.).

3.2.10. School Age Children:

It is a violation of Federal Regulations to pay for child care during the time that a child could attend public school. However, payments can be made for children who are unable to attend school for short periods of time due to illness or suspension, or children who have been deemed unready for kindergarten. Parents of children deemed unready for kindergarten should be encouraged to seek placement in Pre-K if room is available. The parent must provide documentation from the school board that their child has been deemed unready for kindergarten. The CCR&R worker shall file this in the Correspondence Section of the Client file and document in FACTS contacts.

FINANCIAL ELIGIBILITY FOR CHILD CARE SERVICES

4.0. Overview

To determine the financial eligibility of applicants for or recipients of child care, it is necessary to:

1.Determine the size of the family.

2.Determine the amount and source of monthly gross income received by all members of the family and calculate the monthly gross income for the family.

3.Determine if the monthly gross income of the applicant's family falls below the maximum allowable income by comparing the family's monthly gross income to the amount listed in the chart contained in Appendix A as appropriate for the family size. Families whose income falls at or below the appropriate level are eligible.

The R&R worker will use the following general procedures and guidelines to calculate family size, verify monthly gross income, and determine types of income to count or exclude to establish eligibility for child care. See Appendix A for income eligibility guidelines.

4.1.0. Family Size -

A family is defined as one or more adults and children, if any, related by blood or law and residing in the same household (See Chapter 1, Definitions Section), with the following exceptions and interpretations:

4.1.1. Adults other than spouses are considered separate families even if related in some manner other than as husband or wife. (In FACTS, these individuals are listed as Non-participating adults).

4.1.2. Although three generations of a family may live in one household, they shall be considered as separate families, even if the person representing the middle generation is under 18 years of age. The grandparents will not be counted as members of the same family with the parent and child. (Grandparents are listed as Non-Participating Adults in FACTS).

4.1.3. An adult child (age 18 or older) residing with his/her parents is not a member of his/her parents' family. (This person is listed as a Non-participating Adult in FACTS).

4.1.4. The head of household may be a natural parent, step parent, or an individual acting in loco parentis, such as a relative or non-relative who has been granted custody or guardianship by a court of law or who has assumed full physical custody and responsibility for a child, with or without legal custody.

4.1.5. Children legally adopted are treated the same as natural children.

4.1.6. In situations where adults, who are not spouses, reside together, any children in the household will be considered part of the family of the parent(s). Example: Mr. and Mrs. X and their two children live in a household with Mrs. X's sister (Y) and her one child. Mr. and Mrs. X and their two children constitute one family while Mrs. Y and her child constitute a second family.

4.1.7. Although West Virginia does not recognize common law marriage, a man and woman living together as man and wife will be considered members of the same family if they are both biological parents of a child or children living in the household. However, if a man and a woman reside together and each have a child of their own and share no children in common, they are two separate families and entered into FACTS as such.

4.1.8. A family member who is away from the family residence for reasons of employment, education, training, shared custody or military deployment and who returns regularly, or is expected to return, shall be considered as a member of the household. See examples:

4.1.8.1. Mr. and Mrs. A reside in Sutton with their two children. Mr. A is employed in New York City and maintains an apartment there, but returns home on the average of once a month. Mr. A would be considered a member of the same household as his wife and children and the family would consist of Mr. A, Mrs. A and the two children.

4.1.8.2. Sally and Jeff are the children of Mr. X and Mrs. X, who are divorced. Sally and Jeff live in New York with Mr. X during the week and with Mrs. X on the weekends and for two weeks in the summer. Mrs. X receives child care services for her youngest child Ann, but does not work weekends and does not need child care for Sally and Jeff. However, since they return regularly to the household, Sally and Jeff are considered members of the household for purposes of calculating family size. Mrs. X's family size is 4, consisting of Mrs.X, her child Ann, and Sally and Jeff.

4.1.9. Biological parents residing on the same premises shall be considered members of the same household. Premises are defined as a building, group of buildings and/or contiguous parcels of land under the control of a single owner, who may rent out portions of the premises. For example: if the biological mother resides with a grandparent, and the grandparent rents a garage apartment on the premises to the biological father of the child, both the mother and the father shall be considered a single household, since they reside on the same premises. Biological parents residing on the same premises per this definition can apply for Family Member Status Waiver if they can prove separate residences by supplying any of the documents listed in 3.1.5.2. for each parent. Statements signed by other family members will not suffice for this purpose.

4.2.0. Monthly Gross Income -

Monthly gross income is the total amount of money, prior to deductions, received or earned monthly by the members of the family. Income received on other than a monthly basis must be converted to a monthly income.

4.2.1. Employment Income Considered in Determining Eligibility -

The following sources are considered countable income when determining eligibility: Money, wages or salary - total money earnings received for work performed as an employee including wages, salary, commissions, tips, piece rate payment and cash bonuses. The amount considered as income is earnings before deductions are made for taxes, bonds, pensions, union dues or any similar type of deductions. Employment income must be verified by the client submission of one month's worth of check stubs, or by the (New Employment Verification Form (ECE-CC-1B) in the case of new employment situations in which the applicant has not yet received pay. Clients using the ECE-CC-1B to verify employment must submit one month's worth of check stubs to the agency as soon as they are received. Failure to supply follow up check stubs will result in case closure.

4.2.2. Non-farm Self Employment Income considered -

Net income from non-farm self employment: gross receipts minus allowable expenses. Gross receipts include the value of all goods sold and services rendered.

4.2.2.1. Methods of Verification

A.Self Employed clients with prior established self employment and those who have successfully passed their Launch and Grace Periods must turn in tax records to the R&R by April 30 of each year to verify that the business is producing taxable income at the time of assistance.

B.Self Employed clients will be given the Self Employment Ledger form (ECE-CC-1C) to track Income and Expenses.

C.Clients who choose not to use the ECE-CC-1C Form may substitute:

A.Business records from an outside accountant

Or

B.Ledger Books or other bookkeeping records, such as Quicken Software reports

D.The R&R reserves the right to request additional documentation, such as receipts or invoices as needed to verify income and expenses.

E.The gross income from self employment business activity shall be used to determine eligibility and amount of assistance if the information submitted by the parent is not sufficient to adequately determine net profit.

4.2.2.2. Allowable Expenses: (See Appendix D for Tax Information)

A.Cost of goods purchased

B.Rent, heat, light, power on the income producing property

C.Cost of Supplies

D.Wages and salaries paid to employees other than the business owner/parent of child

E.Business taxes and/or licenses

F.Advertising goods or services

G.Interest (not payments) on the principal of the purchase price of income producing property

H.Real estate taxes paid on the income producing property

4.2.2.3. The following are not allowable expenses:

A.Money set aside for pensions and profit sharing plans

B.Federal, State, and local income taxes

C.Depreciation and Depletion

D.Net losses from previous years

E.Mileage Rate on vehicles and other travel costs

F.Premiums paid for health/medical insurance

G.Payments on the principal of the purchase price of income producing real estate and capital assets, equipment, machinery, and other durable goods

H.Entertainment and meals

I.Personal expenses paid out of business accounts (personal car payments, utility bills, personal primary residence mortgage/rental payments, clothing, vacation expenses, etc.) Small businesses may provide in-kind compensation to owners in the form of payment of personal bills and expenses directly from business accounts. This is treated as countable income, as it is part of the client's compensation.

J.If the family uses its residence in a self employment enterprise, the utility costs, rent or interest on the mortgage of the residence will not be allowed unless they can be shown as separate from the household's normal usage.

4.2.3. Income from farm self-employment -

gross receipts minus operating expenses from the operation of a farm by a person on his own account as an owner, renter or share cropper. Gross receipts include the value of all products sold, government crop loans, money received from rental of all farm equipment and incidental receipts from the sale of other goods. Operating expenses include expenses directly relating to the operation of the farm such as cost of feed, fertilizer, see and other farming supplies, cash or wages paid to farm hands, rent, and interest on farm mortgages and farm taxes.

4.2.4. Countable Unearned Income

4.2.4.1. Social Security - any regular social security benefits after deductions for medial insurance.

4.2.4.2. Dividends, interest on saving or bonds, income from Estates or Trusts, rental income or royalties.

4.2.4.3. Public assistance payments including TANF, such as Relative Caretaker pay, and SSI.

4.2.4.4. Pensions and annuities.

4.2.4.5. Unemployment compensation.

4.2.4.6. Workers compensation.

4.2.4.7. Alimony. If less than ordered by the court, count only the amount received. Amounts received above the court-ordered amount are also considered income. Other court ordered forms of Spousal Support, i.e. cash received for house/rent payments, child care expenses, grocery bill, shall be counted as income.

4.2.4.8. Child Support. Other court ordered forms of Child Support, i.e. cash received for house/rent payments, child care expenses, grocery bill, shall be counted as income

4.2.4.9. Veteran's benefits including G.I. Bill.

4.2.4.10. Income, living allowance or stipend received as a result of participation in AmeriCorps or Vista.

4.2.4.11. Payments received from participation in a vocational rehabilitation program.

4.2.4.12. Any other monies received on a regular basis from any source, except for those listed under 4.2.5., excluding money received to purchase required school books or supplies, or pay tuition.

4.2.5. Income Not Considered in Determining Eligibility -

the following sources of income should be excluded (not counted) in computing the amount of a family's monthly gross income:

4.2.5.1. Money received from the sale of property such as stocks, bonds, real estate or automobiles, except money received from the sale of property is counted as income if the person is self-employed or otherwise engaged in the business of selling property. For example, an individual who sub-divides a plot of land and is selling lots for residential or business purposes is considered self-employed as a real estate developer. An individual who consistently offers one or more automobiles for sale is self-employed in the business of automobile sales.

4.2.5.2. Withdrawals of bank deposits.

4.2.5.3. Loans or other money borrowed.

4.2.5.4. Tax refunds.

4.2.5.5. Monetary Gifts received on an infrequent basis, such as those received on birthdays or holidays.

4.2.5.6. Lump sum inheritances or insurance payments.

4.2.5.7. Bonus value of food stamps.

4.2.5.8. Capital gains.

4.2.5.9. Value of USDA donated foods.

4.2.5.10. Payment received under the Uniform Relocation Assistance and Real Properties Acquisition Policy Act of 1970.

4.2.5.11. Earnings from employment of self-employment of a child under 18 years of age. However, if the child is a primary recipient of child care or the spouse of the recipient of child care, his/her earned income will not be excluded from the calculation of family monthly gross income.

4.2.5.12. Grants, scholarships, or work study.

4.2.5.13. Federal insurance undergraduate loans and grants.

4.2.5.14. Home produce used for household consumption.

4.2.5.15. Other assets such as real estate, bank accounts, stocks, and bonds.

4.2.5.16. Earnings or boarding care payments received by approved foster families.

4.2.5.17. Amounts received through adoption subsidy program.

4.2.5.18. Lump sum severance pay.

4.2.5.19. Monies received for participation in WIA activities.

4.3.0. Conversion of Income to Monthly Amounts -

Conversion of income amounts to monthly gross income is computed in the following manner:

4.3.1. FACTS automatically converts income received on a regular basis, but more frequently than once a month, to a monthly amount by:

A.Multiplying average weekly amounts by 4.3,

B.Multiplying average bi-weekly amounts by 2.15, or

C.Multiplying average amounts received or paid twice monthly by 2

4.3.2. The R&R worker shall convert irregular income, or income amounts that vary from pay day to pay day, to monthly amounts by:

4.3.2.1. Prorating income received less often than once a month by dividing the amount by the number of months it is intended to cover. Individuals who, by contract or self-employment, derive their total annual income in a period of time shorter than one year shall have that income averaged over a 12-month period. These individuals may include school employees, farmers or other self-employed persons. This would apply to both unearned income, which is intended to meet future needs, as well as income from work performed in the past.

OR

4.3.2.2. Averaging the amount of the irregular income received in the past to arrive at a monthly amount which can be anticipated in the future. The worker will generally average the monthly gross income received in the previous three months. However, if an applicant/recipient experiences or has experienced a recent substantial decrease or increase in his/her regular income, the worker will take this into consideration to estimate the income the applicant/recipient can reasonably expect to receive in the future.

OR

4.3.2.3. Totaling income that varies seasonally throughout a year, then dividing by 12 to obtain an expected average monthly income. The worker should take into consideration any change in the rate of payment that has taken place when calculating the average.

OR

4.3.2.4. In situations where an applicant or member of the family has recently experienced a temporary disruption of income due to a strike, job loss, cut back in number of hours to be worked or other factors, the R&R worker shall consider as income that amount that the client can reasonably anticipate to receive during the next month. Monthly reporting by the client of income received should be requested until the temporary disruption ended.

4.4.0. Sources of Documentation/Verification -

The methods acceptable for verifying most eligibility criteria can be found in the following chart. The working applicant/recipient must receive a non-subsidized wage or salary, either from an employer or through self-employment, to meet the definition of working (see Chapter 1, Definition of Program Terms). In situations where a non-working applicant/recipient (attends school or training) has no income from any source, the client's statement to this fact will be accepted unless the CCR&R worker has reason to believe the statement is not truthful.