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(a) At the time of application, unless one or more of the parents in a family is determined to be ineligible for a reason set out in 7 AAC 41.055 or 7 AAC 41.450, and except as provided in (b) of this section, a family is eligible to participate in the child care assistance program if

(1) each parent in the family, except as specified in 7 AAC 41.360(b), is participating in an eligible activity under 7 AAC 41.310;

(2) the family’s monthly income is at or below the maximum allowed under 7 AAC 41.335(b);

(3) the family has at least one eligible child as specified in 7 AAC 41.350; and

(4) the family’s children are physically present and living in the state. (b) A family that includes a parent who is an owner of a child care business may not receive program benefits for care of the owner’s child provided by any provider during the hours of operation of any facility owned by that parent. (c) A family determined to be eligible to participate in the child care assistance program may continue participating if during the family’s eligibility period the parent of the family is determined under 7 AAC 41.360 to be temporarily incapacitated or temporarily away from the child or children due to participating in an eligible activity as specified in 7 AAC 41.310. Each parent in the family must meet the requirements of (a) of this section to be considered eligible for renewing participation in the child care assistance program. (Eff. 6/23/2006, Register 178; am 1/5/2017, Register 221; am 10/31/2019, Register 232) Statutory Authority: Authority: AS 47.05.010 AS 47.25.021

AS 47.25.001 AS 47.25.031 7 AAC 41.305. Family eligibility determination. (a) The department will or a designee shall determine family eligibility to participate in the child care assistance program under AS 47.25.021, 47.25.031, and this chapter. After a determination of eligibility for a 12-month period, the department will not and a designee may not re-determine family eligibility for that 12-month period, if the family’s average monthly income as described in 7 AAC 41.325(b) does not exceed 85 percent of the state median income as described in 7 AAC 41.335(b) for a family of the same size. The department will or the