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 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.
8.3 Income Eligibility
8.3.1 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.
8.4 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.
8.5 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.
8.6 CCAP Payments to Approved Providers (see 218-RICR-20-00-4 §4.12.7)
A. During the period of the COVID-19 crisis, DHS will reimburse providers based on enrollment, not attendance.
B. When a child is enrolled with a licensed provider, the DHS will 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 | 11/10/2020 to 08/31/2021 |
Regulation Authority:
R.I. Gen. Laws § 20-02
Purpose and Reason:
The DHS is waiving some requirements during the COVID-19 crisis and the RI State of Emergency, to protect the health of DHS applicants, recipients, child care providers, and DHS staff.
The following Emergency Child Care Assistance Program Rules are being amended:
* Changed section numbering based on deletions
* Deleted §8.2-Cooperation with Office of Child Support Services
* Deleted §8.3-Consequences of non cooperation with Office of Child Support Services
* Deleted §8.5-General Requirements and Criteria
* §8.6-Updated language to explicitly state that providers will be reimbursed based on enrollment not attendance.
Editorial Notes:
The agency requested an extension to the effective dates allowed by R.I. Gen. Laws § 42-35-2.10 for this emergency amendment which was originally amended as an emergency on November 10, 2020. The extensions were granted in accordance with Executive Orders 20-111, 21-16, 21-37, and 21-70 which permit extensions for sixty (60) days. As a result, the regulation will now become ineffective on 09/23/2021.
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.
