Tracking# 2011-00312
FA/E 7/8/11, eff. 9/1/11
(former Tracking# 2011-00361, 
emergency 6/10/11, eff. 6/10/11)

I:/11021601.rtf
I:/11021601.doc

(9 CCR 2503-1)

[Note: statement of basis and purpose has been incorporated with Tracking# 2011-00307; 
rule-making# 11-4-4-1 (I:/11040401).] 

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[Instructions: replace line 2210789.] 
3.903  DEFINITIONS [Rev. eff. 9/1/11]

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[Instructions: insert/replace lines 2210823 through 2210830.] 
“Early care and education provider” means a school district or provider that is licensed pursuant to Part 1 of Article 6 of this Title or that participates in the Colorado preschool program pursuant to Article 28 of Title 22, C.R.S.
“Eligibility activity”, for the purpose of child care, means the activity that the teen parent(s) or adult caretaker(s) are involved in for the time period that child care is needed. This may include job search; employment; and/or education/training, if the county supports education/training. For teen parents, education/training is an approved activity for all counties. 
“Eligibility worker” means an employee of the counties or their designee, whose responsibility is to determine eligibility for the Colorado Child Care Assistance Program (CCCAP). 
“Eligible child” means a child under the age of thirteen (13) years who needs child care services during a portion of the day, but less than twenty four (24) hours, and is physically residing with the eligible adult caretaker(s) during the same period care is needed; or a child with additional care needs under the age of nineteen (19) who is physically or mentally incapable of caring for himself or herself or is under court supervision. Any child served through the Colorado Works Program or the Low-Income Child Care Program must be a citizen of the United States or a qualified alien as defined in Section 3.919, H, 1. 
“Employment” means holding a part time or full time job for which wages, salary, in-kind income or commissions are received.
“Employment First” means a self sufficiency program funded by the Department of Agriculture for food benefit recipients not participating in Colorado Works. 
“Employment verification” means the county form or a signed statement from the employer or employer’s authorized designee stating employment begin date, hourly wage or gross salary amount, work schedule, payment frequency, date of first paycheck and verifiable employer contact information This is for initial employment verification or to verify ongoing work schedule, not to verify ongoing employment.
"Entered employment" means upon starting a new job the employment verification letter shall be used to anticipate income for the first three months. At the beginning of the third month of new employment, the county shall require pay stubs from the previous three months to determine an average of actual income for future months. 

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[Instructions: insert/replace lines 2210844 through 2210846.] 
“Job search” means an eligibility activity for low-income child care adult caretaker(s) or teen parent(s) that is limited to thirty (30) actual days of child care in a twelve (12) month period, when approved and monitored to ensure that activities comply with county standards. The twelve (12) month period begins on the first actual day of job search. 
“Low-Income Program“ means a child care component within the Colorado Child Care Assistance Program that targets families with an adult caretaker(s) or teen parent(s) who is/are in an eligible activity and not participants in the Colorado Works assistance unit or Employment First program. 
“Maternity leave” means that a new mother is not in her eligible activity for up to twelve (12) consecutive weeks for the birth and care of a newborn child. 

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[Instructions: replace line 2210860.] 
“Re-determination (Redet)” is the process to update eligibility for the Colorado Child Care Assistance Program (CCCAP). This process is completed every twelve (12) months, includes completion of the State approved form, and provides the verification needed to determine continued eligibility. 

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[Instructions: replace line 2210879.] 
“Willful misrepresentation/withholding of information” means an understatement, overstatement, or omission, whether oral or written, made by a household voluntarily or in response to oral or written questions from the department, and/or a willful failure by a household to report changes in income, if the family’s income exceeds eighty-five percent (85%) of the State median income within ten (10) days, or changes to the qualifying eligible activity within four weeks of the change. 

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[Instructions: replace lines 2210885 through 2210889.] 
3.904.1  TEEN PARENT RESPONSIBILITIES [Ref. eff. 9/1/11] 
A.  The teen parent must be in a verified eligible activity and need child care assistance for that same period. 
B.  The teen parent must meet the eligibility guidelines set by the state and the county of residence. 
C.  All teen parents shall sign the state prescribed client responsibilities agreement form, which outlines child care program participation requirements. 
D.  Teen parents have the responsibility to report and verify changes to income, if the family’s income exceeds eighty-five percent (85%) of the State median income, in writing, within ten (10) calendar days of the change. If the teen parent is no longer in his/her qualifying eligible activity, this must be reported in writing within four (4) calendar weeks pursuant to Section 26-2-805(1)(e)(III), C.R.S. 

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[Instructions: replace lines 2210982 through 2210992.] 
3.907  ADULT CARETAKER RESPONSIBILITIES  [Rev. eff. 9/1/11]
All adult caretakers must sign the application/re-determination form and releases along with providing verification of income to determine eligibility.
A.  All adult caretakers shall sign the state prescribed client responsibilities agreement form, which outlines child care program participation requirements. 
B.  Adult caretakers have the responsibility to report and verify changes to income, if the family’s income exceeds eighty-five percent (85%) of the State median income, in writing, within ten (10) calendar days of the change. If the adult caretaker is no longer in his/her qualifying eligible activity, this must be reported in writing within four (4) calendar weeks pursuant to Section 26-2-805(1)(e)(III), C.R.S. 
C.  Adult caretakers must provide current immunization records for the children in care as required by county policy. 
D.  Adult caretakers must cooperate with the child support enforcement unit or the delegate agency for all children with an absent parent, regardless of receipt of child care assistance for that child, as required by the county (see Section 3.919, K). 
E.  Adult caretakers must report changes in child care providers prior to the change.
F.  All adult caretakers must provide written verification of their schedule related to their eligible activity at application, re-determination or when changes are reported. 
G.  When the primary adult caretaker is declaring the identity of his/her child due to the child not having identification as part of the application, a picture ID of the primary adult caretaker or teen parent is needed to verify the adult caretaker’s identity. 
H.  When a child care case has closed and not more than thirty (30) days have passed from date of closure; the adult caretaker may provides the verification needed to correct the reason for closure. If the family is determined to be eligible, services may resume as of the date the verification was received by the county, despite a gap in services. The adult caretaker would be responsible for payment during the gap in service. 
I.  An adult caretaker shall not leave his/her “CCAP” card in the provider’s possession at any time or he/she shall be disqualified from the Colorado Child Care Assistance Program. 

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[Instructions: replace lines 2211006 through 2211007.] 
3.908.1  PRE-ELIGIBILITY DETERMINATIONS [Rev. eff. 9/1/11]
The Early Care and Education provider may provide services to the family prior to the final determination of eligibility and shall be reimbursed for such services only if the county determines the family is eligible for services and there is no need to place the family on the waiting list. The start date of eligibility is defined in Section 3.913, FF. If the family is found ineligible for services, the Early Care and Education provider shall not be reimbursed for any services provided during the period between his/her pre-eligibility determination and the county’s final determination of eligibility. 

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[Instructions: replace line 2211060.] 
3.913  COUNTY RESPONSIBILITIES [Rev. eff. 9/1/11] 

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[Instructions: replace lines 2211081 through 2211083.] 
N.  County child care staff shall advise low-income adult caretaker(s) or teen parent(s) in writing of the adult caretaker’s or teen parent's responsibility to report: 
1.  Changes to income, if the family’s income exceeds eighty-five percent (85%) of the State median income within ten (10) calendar days of the changes.
2.  Changes to his/her qualifying eligibility activity must be reported within four (4) calendar weeks. The county shall provide families with a State prescribed change of circumstance form. 

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[Instructions: replace line 2211101.] 
BB.  If a county reduces its income eligibility requirements, a child receiving child care assistance services when the change is implemented shall continue to receive said services until the family’s next eligibility re-determination or for six months, whichever is longer, so long as the family’s household income remains at or below eighty-five percent (85%) of the State median income. 
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[Instructions: replace lines 2211153 through 2211154.] 
3.916.1  WHEN OVERPAYMENT IS RECOVERED [Rev. eff. 9/1/11] 
When the counties or their designee have determined that an adult caretaker(s) or teen parent(s) has received public assistance for which he or she was not eligible due to an increase in income, if the family’s income exceeds eighty-five percent (85%) of the State median income, or a change in the qualifying eligible activity that was not reported within four weeks of its occurrence; or a child care provider has received child care payments they were not eligible for: 
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[Instructions: replace line 2211267.] 
3.919  ELIGIBILITY FOR LOW-INCOME PROGRAM FAMILIES [Rev. eff. 9/1/11]
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[Instructions: replace lines 2211301 through 2211302.] 
[E.] 4.  Income Eligibility at Re-Determination
Beginning with the first twelve (12) month re-determination, counties may adopt the following eligibility criteria for employed and self-employed families whose incomes exceed one hundred thirty percent (130%) of federal poverty guidelines. Gross monthly earned household income for employed and self-employed adults or teen parents must exceed county child care payments by the following percentages: 
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[Instructions: replace lines 2211318 through 2211319.] 
[F.] 7.  Adult caretaker(s) or teen parent(s) on maternity leave. 
8.  Being a separated spouse or parent under a validly issued temporary order for parental responsibilities or child custody where the other spouse or parent has disqualifying financial resources. 

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[Instructions: replace lines 2211466 through 2211493.] 
3.921  RE-DETERMINATION [Rev. eff. 9/1/11]
A.  A re-determination of eligibility shall be conducted every twelve (12) months. The State prescribed eligibility re-determination form shall be mailed to households at least forty-five (45) calendar days prior to the re-determination due date. Adult caretaker(s) or teen parent(s) shall complete and return to Child Care staff by the re-determination due date. Adult caretaker(s) or teen parent(s) who do not return eligibility re-determination forms and all required verification shall not be eligible for child care subsidies. 
1.  Employed adult caretaker(s) or teen parent(s) shall submit documentation of employment status, scheduled hours, and income.
2.  Adult caretaker(s) or teen parent(s) in training shall submit documentation from the training institution which indicates that the adult caretaker(s) is/are making satisfactory progress in school, verifies school schedule, and verifies current student status.
3.  Adult caretaker(s) or teen parent(s) shall submit current copies of immunization records as required by the county but no more than annually.
B.  Families who are transitioned from the Colorado Works Program to Low-Income Child Care shall be re-determined as defined in county policy within twelve (12) months of the date the Low-Income case is opened.
C.  In addition to the twelve (12) month re-determinations, adult caretaker(s) or teen parent(s) shall report and verify changes to income, if the family’s income exceeds eighty-five percent (85%) of the State median income, in writing, within ten (10) calendar days of the change. If the adult caretaker is no longer in his/her qualifying eligible activity, this must be reported in writing within four (4) calendar weeks. 
D.  Parental fees shall be reviewed upon a reported change or at re-determination. An adjusted parental fee will be based on an average of at least the past three months gross income or a best estimate of anticipated income in the event of new employment or a change in the adult caretaker(s)' or teen parent(s)’ regular monthly income. The fee change shall be effective the first full calendar month after the change is reported and verified, and timely written notice is provided. 
E.  For adult caretaker(s) or teen parent(s) whose children are enrolled in Head Start or Early Head Start, counties shall extend re-determination of eligibility to annually coincide with the Head Start or Early Head Start program schedule. These families are still responsible for notifying the county of any changes that may impact eligibility (see paragraph C. of this section). 
3.922  TERMINATION OF CHILD CARE SERVICES [Rev. eff. 9/1/11]
A.  Child care subsidies will cease for the following eligibility related reasons: 
1.  Eligible child exceeds age limits.
2.  Household's income exceeds county eligibility guidelines at re-determination.
3.  Adult caretaker(s) or teen parent(s) did not pay parental fees, an acceptable payment schedule has not been worked out between the provider(s) and adult caretaker(s) or teen parent(s), or the adult caretaker(s) or teen parent(s) has/have not followed through with the payment schedule as found in Section 3.905, B. 
4.  Adult caretaker(s) or teen parent(s) exceeds activity time limits.
5.  Adult caretaker(s) or teen parent(s) fails to comply with re-determination requirements
6.  Adult caretaker(s) or teen parent(s) is not involved in an eligible activity
7.  Adult caretaker(s) or teen parent(s) has become a participant in Colorado Works.
8.  Household's income does not exceed child care costs by the required percentage at re-determination of eligibility.
9.  Adult caretaker(s) or teen parent(s) did not submit required immunization records.
10.  Household’s six (6) month post-eligibility period has expired.
11.  Adult caretaker(s) or teen parent(s) is/are no longer a resident of the county.
12.  Adult caretaker(s) or teen parent(s) is/are not cooperating with child support establishment, modification or enforcement services, at county option, and, if the adult caretaker(s) or teen parent(s) has/have applied for a good cause exemption, the county director or designee has determined that the adult caretaker(s) or teen parent(s) is/are not eligible for a good cause exemption. 
13.  Adult caretaker(s) or teen parent(s) do not meet minimum wage requirement for employment or self-employment are not considered to be in an eligible activity. 
14.  Household income exceeds eighty-five percent (85%) of State median income during eligibility period. 
B.  Reason for termination shall be documented on the State prescribed document and mailed via postal service, emailed, faxed or hand-delivered to the adult caretaker or teen parent and provider pursuant to Section 3.915.3. 
C.  Upon termination from the child care program, the adult caretaker(s) or teen parent(s) will have thirty (30) days from the effective date of closure to correct or provide the information without having to reapply for benefits. Upon correcting or providing the information, eligibility will continue as of the date the missing information was provided to the county. Parental fees will be based on the previous amount specified until prior notice is provided of changes to future parental fees. 
D.  Nothing in this section shall preclude an adult caretaker(s) or teen parent(s) from voluntarily withdrawing from the Low-Income program.

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