Child Care Assistance Program Section 0850 Starting Right Child Care Program

Regulation Authority:

RIGL 40-6

Purpose and Reason:

SECTION ONE – GENERAL PROVISIONS • Technical edits and reformatting of the entire section. • Proposed revisions to the following Definitions: Youth Success/Home Visiting Programs (formerly known as Youth Success or Nurse Family Partnerships); Dependent Child; Excluded Income; Income, License Exempt Child Care Provider (formerly Non-Certified Child Care Provider); Comprehensive Early Childhood Education Program (formerly Nursery Programs); Legal Guardian; Relationship; Acceptable Degree; and Family Child Care Home (pages 2-8). SECTION TWO - ELIGIBILITY AND AUTHORIZATION OF SERVICES • Technical edits and reformatting of the entire section. • Proposed clarification that citizenship is verified through the State Verification and Exchange System (SVES) data match (page 14 0850.02.01 A. 4.). • Proposed language in the Application Process to support the use of previous verified information contained in the State’s electronic system to be used in the determination of eligibility (page 21 0850.02.02 C. 3.). • Proposed language in the “Application Process” that changes certification periods for income eligible families. Proposed language aligns certification with categorical eligibility and adds the flexibility for recertification every three (3) - twelve (12) months depending upon employment circumstances. For those with a twelve (12) month recertification period, a six (6) month interim report is required (page 22, 0850.02.02 E). • Language is proposed to add provisions in “Criteria for Categorical Eligibility” for teen parents under the age of sixteen (16) for CCAP to be authorized under the teen as head of household when a circumstance exists that the inclusion of the parent or legal guardian would present an obstacle to securing child care (page 26 0850.02.03, A. 1. b. iii.). • Provisions were added to “Criteria for Income Eligibility” to state that in determining eligibility for CCAP, prospective budgeting is used consistent with the other DHS program eligibility determinations. References to annual income have been removed from the rules and will be reflected in all CCAP notices (page 29, 0850.02.0 4 A. 4.). • Provisions were added to “Criteria for Income Eligibility” to reflect an applicant/recipient’s statement as acceptable for verification of resources as well as for quality assurance purposes and that DHS conducts routine checks through the use of DHS-91 (page 29, 0850.02.04 B. 3.). • The Family Cost Share table was reorganized in the rules and added as Addendum 2 (page 73). The table proposes to increase the cost share from 2% in Level 1 to 3%; from 5% in Level 2 to 6%; and from 8% in Level 3 to 9%. • Language was removed from the “Criteria for Income Eligibility” in subsection F., “Exceptions”, to align program rules to be consistent with the treatment of one and two parent families with a documented disability (page 33, 0850.02.04 F.). • The requirement to verify the work schedule reported on the application for CCAP is proposed to be removed from the “Authorization of Child Care Services” sub-section (page 42-43, 0850.02.06 A. 2.). • “Provision for the treatment of Improper Payments”: Underpayment and Overpayment provisions have been separated out (page 50, 0850.02.08. SECTION THREE – CHILD CARE PROVIDER DIRECTORY • Technical edits and reformatting of the entire section. • The regulations were revised to remove reference to “Certified Child Care Providers” and replace references with “Non-Certified with License Exempt.” • Provisions are proposed to add that payments discontinue when a provider exceeds the number of allowable children in its care or has evidence of provider non-compliance with the current approved Provider Agreement (page 51, 0805.03 B.). • Provisions for the “Central Provider Directory” were revised to include background and criminal records checks under the “General Access Requirements.” Revisions also include adding as an addendum to the rule the “Disqualifying Information” contained in the RI Department of Children, Youth and Families Policy; 900.0040 Criminal Records Check (page 54, 0850.03.02 A. 3. – Addendum 1 Criminal Records Checks - Addendum, Disqualifying Information page 71). • Guidance was clarified that License Exempt Providers shall be automatically discontinued at one (1) year during which no CCAP payments are made (page59, 0850.03.03 D. 3.) • Provisions are drafted around the grounds for termination of the Provider Agreement and Discontinuation under sub section DHS-CCAP Approved Provider Agreement (pages 59 – 61, 0850.03.04 B. 1. a-c. and 2. c. SECTION FOUR- CCAP PAYMENTS TO APPROVED PROVIDERS • Technical edits and reformatting of the entire section. • The regulations were revised to remove reference to “Certified Child Care Providers” and replace references to “Non-Certified” with “License Exempt.” • The rules were clarified under “CCAP Attendance” 0850.04.01, “Minimum Attendance” (page 62 E.). • Provisions under 0850.04.02, “CCAP Payments” sub section B. “Changes in Licensed Provider Rates” (page 63) proposes to allow the Department discretion, when deemed necessary, to delay or deny any changes requested by the provider through the APRR. SECTION FIVE – CHILD CARE IMPROPER PAYMENTS • Technical edits and reformatting of the entire section. • The CCAP Eligibility and Cost Share levels were removed from the rules and added as Addendum 2 (page 64). The cost share table was revised to reflect the 2012 changes in the Federal Poverty Level guidelines. • Proposal to remove the CCAP Approved Provider Rates and reference out to the Rhode Island General Laws (page 63, 0850.04.02 C. and page 66 0850.10) • Proposed language in 0850.05, Child Care Improper Payments, clarifies action for client and provider fraud (page 68-70).