Child Care Assistance Program Rules and Regulations Due to COVID-19


218-RICR-20-00-8 INACTIVE RULE EMERGENCY RULE

8.1 Authority and Purpose

8.1.1 COVID-19 Virus and the National State of Emergency

A. Prior to the implementation of any new procedure under this regulation, the Director of the Department of Human Services shall seek federal waivers or approval, when required, from the Federal agencies that provide funding and oversight for the programs the Department of Human Services administers. The Director shall also consider any guidance by these Federal agencies, when available, when implementing new procedures.

B. Upon withdrawal of the R.I. State of Emergency, as it relates to COVID-19, these new procedures shall lapse after three business days from the date of withdrawal of the State of Emergency for Rhode Island.

8.2 Cooperation with the Office of Child Support Services (see 218-RICR-20-00-4 §4.3.2)

A. Due to the COVID-19 virus and the national state of emergency, the Department of Human Services has temporarily suspended the compliance requirements of participation as a condition of eligibility. The requirement of compliance may continue based on the individual's ability to participate from home. If participation is not possible, sanctions will not be imposed due to the COVID-19 crisis.

8.3 Consequences of Non-cooperation with OCSS (see 218-RICR-20-00-4 §4.3.3)

A. Due to the COVID-19 virus and the national state of emergency, the Department of Human Services has temporarily suspended the compliance requirements of participation as a condition of eligibility. The requirement of compliance may continue based on the individual's ability to participate from home. If participation is not possible, sanctions will not be imposed due to the COVID-19 crisis.

8.4 Redetermination (see 218-RICR-20-00-4 §4.4.4)

A. During the COVID-19 crisis and the possibility of decreased department staff at this time, the DHS may extend the twelve (12) month eligibility period.

8.5 Categorical Eligibility

8.5.1 General Requirements and Criteria (see 218-RICR-20-00-4 §4.5.1)

A. Due to the COVID-19 virus and the national state of emergency, the Department of Human Services has temporarily suspended the compliance requirements of plan participation as a condition of eligibility as well as work and education activities. The requirement of compliance may continue based on the individual's ability to participate from home. If participation is not possible, sanctions will not be imposed due to the COVID-19 crisis.

8.6 Income Eligibility

8.6.1 General Requirements and Criteria (see 218-RICR-20-00-4 §4.6.1)

A. Family Cost Sharing Requirement

1. As determined by the Department of Human Services, families may not be required to pay their co-share amount during the COVID-19 crisis.

2. DHS may supplement the family co-share amounts for CCAP providers during the crisis.

8.7 Exceptions to Eligibility Requirements (see 218-RICR-20-00-4 §4.6.4)

A. Non-Temporary Change in Status

During the COVID-19 crisis, the three (3) month grace period may be extended, based on the needs of the individual family, even if there has been no entry into employment, an approved education program, or a training program.

8.8 Limitations of Authorized Child Care (see 218-RICR-20-00-4 §4.8.2)

A. Absence Limitation

Due to the COVID-19 virus and the national state of emergency, the Department of Human Services has temporarily suspended the compliance requirements of limiting the absence of children within a month of child care. During the COVID-19 crisis, eligible children who are absent more than five (5) days per month may be granted a good cause exemption. Parents are not required to request the good cause exemption during the COVID-19 crisis.

B. School Hour Limitation

During the COVID-19 crisis, based on the needs of the family and the continued closure of school buildings, full time child care services may be authorized for school age children during hours when school is normally in session. School hours are defined as from 9:30 am to 1:30 pm, Monday through Friday.

8.9 CCAP Payments to Approved Providers (see 218-RICR-20-00-4 §4.12.7)

A. During the period of the COVID-19 crisis, DHS may review and adjust payment to providers for children enrolled in the Child Care Assistance Program.

B. When a child is enrolled with a licensed provider, the DHS will review and may continue to make payments for a child who has exceeded the five (5) day absence in a month of CCAP authorized child care services requirements. This change will continue to preserve the placement of the child with the provider.



Title 218 Department of Human Services
Chapter 20 Individual and Family Support Programs
Subchapter 00 N/A
Part 8 Child Care Assistance Program Rules and Regulations Due to COVID-19
Type of Filing Amendment
Regulation Status Inactive
Effective 09/17/2020 to 11/10/2020

Regulation Authority:

R.I. Gen. Laws § 20-02

Purpose and Reason:

The DHS is waiving some requirements during the Novel Corona crisis and the National Declaration of Emergency, to protect the health of DHS applicants, recipients, child care providers, and DHS staff.

The following Emergency Child Care Assistance Program Rules is being amended:

218-RICR-20-00-8  §8.4 Changes language to say "DHS may extend twelve month eligibility period" instead of "DHS shall extend the twelve month eligibilty period". DHS is currently not extending the eligibility period but would like to be able to implement in the future if needed.

 

Editorial Notes:

The agency requested an extension to the effective dates allowed by R.I. Gen. Laws § 42-35-2.10 for this emergency adoption which was promulgated on September 17, 2020. The extension was granted in accordance with Executive Order 20-72 which permits extensions for sixty (60) days. As a result of this additional extension, the effective dates have been revised and the regulation will now become ineffective on November 27, 2020.

Brief statement of Reason for Finding Imminent Peril:

The Department will waive some requirements for access to Child Care Assistance Program for applicants and recipients during the COVID-19 crisis and the State of Emergency.