2.2 Eligible Children and Families

At eligibility determination or redetermination, children must (1) be younger than age 13; (2) reside with a family whose income does not exceed 85 percent of the State's median income (SMI) for a family of the same size and whose family assets do not exceed $1,000,000; and (3)(a) reside with a parent or parents who are working or attending a job training or educational program (which can include job search) or (b) receive, or need to receive, protective services as defined by the Lead Agency. 2.2.1 Eligibility criteria: age of children served Lead Agencies may provide child care assistance for children less than 13 years of age, including continuing to provide assistance to children if they turn 13 during the eligibility period. In addition, Lead Agencies can choose to serve children up to age 19 if those children are unable to care for themselves. a. Does your Lead Agency serve the full federally allowable age range of children through age 12? [x] Yes. [ ] No. If no, describe the age range of children served and the reason why you made that decision to serve less than the full range of allowable children. Note: Do not include children incapable of self-care or under court supervision, who are reported below in 2.2.1b and 2.2.1c. b. Does the Lead Agency extend eligibility for CCDF-funded child care to children ages 13 and older but below age 19 who are physically and/or mentally incapable of self-care? [ ] No. [x] Yes. i. If yes, the upper age is (may not equal or exceed age 19): 18.00 ii. If yes, provide the Lead Agency definition of physical and/or mental incapacity: A physical or mental condition which, based on the conclusion of a licensed physician, psychiatrist, or psychologist, renders a parent incapable of providing adequate care for a child or, in the case of a child, incapable of caring for himself or herself. c. Does the Lead Agency extend eligibility for CCDF-funded child care to children ages 13 and older but below age 19 who are under court supervision? [x] No. [ ] Yes. If yes, and the upper age is (may not equal or exceed age 19): d. How does the Lead Agency define the following eligibility terms? i. “residing with”: The Lead Agency uses the term household when defining whom the child resides with. The definition of household is a group of individuals, whether related or unrelated, living together in a common place of residence and comprising one or more family units. ii. “in loco parentis”: Adult relatives without legal custody or guardianship of the child; foster parents of a child in the legal custody of the Department; and adults with whom the Department places a child for Protective Service reasons. 2.2.2 Eligibility criteria: reason for care Lead Agencies have broad flexibility on the work, training, and educational activities required to qualify for child care assistance. Lead Agencies do not have to set a minimum number of hours for families to qualify for work, training, or educational activities, and there is no requirement to limit authorized child care services strictly based on the work, training, or educational schedule/hours of the parent(s). For example, the Lead Agency can include travel or study time in calculating the amount of needed services. How does the Lead Agency define the following terms for the purposes of determining CCDF eligibility? a. Identify which of the following activities are included in your definition of “working” by checking the boxes below: i. [x] An activity for which a wage or salary is paid. ii. [x] Being self-employed. iii. [ ] During a time of emergency or disaster, partnering in essential services. iv. [x] Participating in unpaid activities like student teaching, internships, or practicums. v. [ ] Time for meals or breaks. vi. [ ] Time for travel. vii. [ ] Seeking employment or job search. viii. [ ] Other. Describe: b. Identify which of the following activities are included in your definition of “attending job training” by checking the boxes below: i. [x] Vocational/technical job skills training. ii. [x] Apprenticeship or internship program or other on-the-job training. iii. [ ] English as a Second Language training. iv. [x] Adult Basic Education preparation. v. [x] Participation in employment service activities. vi. [ ] Time for meals and breaks. vii. [ ] Time for travel. viii. [ ] Hours required for associated activities such as study groups, lab experiences. ix. [ ] Time for outside class study or completion of homework. x. [ ] Other. Describe: c. Identify which of the following diplomas, certificates, degrees, or activities are included in your definition of “attending an educational program” by checking the boxes below: i. [x] Adult High School Diploma or GED. ii. [x] Certificate programs (12-18 credit hours). iii. [ ] One-year diploma (36 credit hours). iv. [x] Two-year degree. v. [x] Four-year degree. vi. [ ] Travel to and from classrooms, labs, or study groups. vii. [ ] Study time. viii. [ ] Hours required for associated activities such as study groups, lab experiences. ix. [ ] Time for outside class study or completion of homework. x. [ ] Applicable meal and break times. xi. [ ] Other. Describe: d. Does the Lead Agency impose a Lead Agency-defined minimum number of hours of activity for eligibility? [ ] No. [x] Yes. If yes, describe any Lead Agency-imposed minimum requirement for the following: [x] Work. Describe: A minimum average of 15 hours per week [x] Job training. Describe: A minimum average of 15 hours per week [x] Education. Describe: A job training, non-academic vocational, on-line or traditional undergraduate college education programs, including adult GED program, which must convene for a minimum average of 15 hours per week (students who are in class a minimum of 15 hours per week and/or students enrolled full time in a education program, in accordance with the institutions definition of full time, are deemed to meet this participation requirement.) [x] Combination of allowable activities. Describe: A combination of gainful employment, job training or educational program for a minimum average of 15 hours per week. [ ] Other. Describe: e. Does the Lead Agency allow parents to qualify for CCDF assistance based on education and training without additional work requirements? [x] Yes. [ ] No. If no, describe the additional work requirements: f. Does the Lead Agency extend eligibility to specific populations of children otherwise not eligible by including them in its definition of “children who receive or need to receive protective services?” Note: A Lead Agency may elect to provide CCDF-funded child care to children in foster care when foster care parents are not working or are not in education/training activities, but this provision should be included in the Lead Agency’s protective services definition. [ ] No. If no, skip to question 2.2.3. [x] Yes. If yes, answer the questions below: Provide the Lead Agency’s definition of “protective services” by checking below the sub-populations of children that are included: [x] Children in foster care. [ ] Children in kinship care. [ ] Children who are in families under court supervision. [x] Children who are in families receiving supports or otherwise engaged with a child welfare agency. [x] Children participating in a Lead Agency’s Early Head Start - Child Care Partnerships program. [ ] Children whose family members are deemed essential workers under a governor-declared state of emergency. [x] Children experiencing homelessness. [ ] Children whose family has been affected by a natural disaster. [ ] Other. Describe: g. Does the Lead Agency waive the income eligibility requirements for cases in which children receive, or need to receive, protective services on a case-by-case basis? [ ] No. [x] Yes. h. Does the Lead Agency waive the eligible activity (e.g., work, job training, education, etc.) requirements for cases in which children receive, or need to receive, protective services on a case-by-case basis? [ ] No. [x] Yes. i. Does the Lead Agency use CCDF funds to provide respite care to custodial parents of children in protective services? [x] No. [ ] Yes. 2.2.3 Eligibility criteria: deciding entity on family income limits How are income eligibility limits established? [x] There is a statewide limit with no local variation. [ ] There is a statewide limit with local variation. Provide the number of income eligibility tables and describe who sets the limits: [ ] Eligibility limits are established locally only. Provide the number of income eligibility tables and describe who sets the limits: [ ] Other. Describe: 2.2.4 Initial eligibility: income limits a. Complete the appropriate table to describe family income limits. i. Complete the table below to provide the statewide maximum income eligibility percent and dollar limit or threshold: Family Size 100% of SMI ($/Month) Maximum Initial Eligibility Limit (or Threshold) % Maximum Initial Eligibility Limit (or Threshold) $ 1 2 5010.00 59.00 2958.00 3 6188.00 60.00 3729.00 4 7367.00 61.00 4500.00 5 8546.00 62.00 5271.00 ii. Does the Lead Agency certify that they use other funds if the income eligibility limit percent exceeds 85% SMI? [x] Not applicable. The Lead Agency does not allow income eligibility limits above 85% SMI. [ ] Yes, the Lead Agency certifies that they use other funds (non-CCDF funds) for families with income that exceeds 85% SMI. [ ] No. The Lead Agency establishes income eligibility limits above SMI and includes CCDF funds to pay for families with income that exceeds 85% SMI. If checked, describe: b. Complete the table below if the Lead Agency has local variation in the maximum income eligibility limit. Complete the table for the region/locality with the highest eligibility limit, region/locality with the lowest eligibility limit, and the region/locality that is most populous: i. Region/locality with the highest eligibility limit: Family Size 100% of SMI ($/Month) Maximum Initial Eligibility Limit (or Threshold) % Maximum Initial Eligibility Limit (or Threshold) $ 1 2 3 Family Size 100% of SMI ($/Month) Maximum Initial Eligibility Limit (or Threshold) % Maximum Initial Eligibility Limit (or Threshold) $ 4 5 ii. Region/locality with the lowest eligibility limit: Family Size 100% of SMI ($/Month) Maximum Initial Eligibility Limit (or Threshold) % Maximum Initial Eligibility Limit (or Threshold) $ 1 2 3 4 5 iii. Region/locality that is most populous: Family Size 100% of SMI ($/Month) Maximum Initial Eligibility Limit (or Threshold) % Maximum Initial Eligibility Limit (or Threshold) $ 1 2 3 4 5 iv. Does the Lead Agency certify that they use other funds if the income eligibility limit percent exceeds 85% SMI? [ ] Not applicable. The Lead Agency does not allow income eligibility limits above 85% SMI. [ ] Yes, the Lead Agency certifies that they use other funds (not CCDF funds) for families with income that exceeds 85% SMI. [ ] No. The Lead Agency establishes income eligibility limits above 85% SMI and includes CCDF funds to pay for families with income that exceeds 85% SMI. If checked, describe: c. How does the Lead Agency define “income” for the purposes of eligibility at the point of initial determination? Check all that apply: i. [x] Gross wages or salary. ii. [x] Disability or unemployment compensation. iii. [x] Workers’ compensation. iv. [ ] Spousal support, child support. v. [x] Survivor and retirement benefits. vi. [ ] Rent for room within the family’s residence. vii. [x] Pensions or annuities. viii. [x] Inheritance. ix. [x] Public assistance. x. [x] Other. Describe: College work study, dividends and interest, alimony d. What is the effective date for these income eligibility limits? January 1, 2024 e. Income limits must be established and reported in terms of current SMI based on the most recent data published by the Bureau of the Census, even if the federal poverty level is used in implementing the program. What federal data does the Lead Agency use when reporting the income eligibility limits? [x] LIHEAP. If checked, provide the publication year of the LIHEAP guideline estimates used by the Lead Agency: 2023 [x] Other. Describe: The Lead Agency used the LIHEAP IM 2023-02 State Median Income Estimates for Optional Use in FFY 2023 and Mandatory Use in FFY 2024. f. Provide the direct URL/website link, if available, for the income eligibility limits. https://dhr.alabama.gov/wp-content/uploads/2024/01/Child-Care-Fact-Sheet-2024.pdf The income eligibility limit is 180% of Federal Poverty Line (FPL) 2.2.5 Income eligibility: irregular fluctuations in earnings Lead Agencies must take into account irregular fluctuations in earnings in initial eligibility determination and redetermination processes. The Lead Agency must ensure that temporary increases in income, including temporary increases that can result in a monthly income exceeding 85 percent of SMI from seasonal employment or other temporary work schedules, do not affect eligibility or family co-payments. Check the processes that the Lead Agency uses to take into account irregular fluctuations in earnings. i. [x] Average the family’s earnings over a period of time (e.g., 12 months). Identify the period of time At the initial and redetermination application, the lead agency may take the average of 3 months income prior to the month in which eligibility is being determined to account for fluctuations income if the applicant proves to be ineligible. ii. [x] Request earning statements that are most representative of the family’s monthly income. iii. [x] Deduct temporary or irregular increases in wages from the family’s standard income level. iv. [ ] Other. Describe the other ways the Lead Agency takes into account irregular fluctuations in earnings: 2.2.6 Family asset limit a. When calculating income eligibility, does the Lead Agency ensure each eligible family does not have assets that exceed $1,000,000? [x] Yes. [ ] No. If no, describe: b. Does the Lead Agency waive the asset limit on a case-by-case basis for families defined as receiving, or in need of, protective services? [x] No. [ ] Yes. If yes, describe the policy or procedure: 2.2.7 Additional eligibility criteria Aside from the eligibility conditions or rules which have been described in 2.2.1 – 2.2.6, is any additional eligibility criteria applied during: a. [ ] Eligibility determination? If checked, describe: b. [ ] Eligibility redetermination? If checked, describe: 2.2.8 Documentation of eligibility determination Lead Agencies must document and verify that children receiving CCDF funds meet eligibility criteria at the time of eligibility determination and redetermination. Check the information that the Lead Agency documents and verifies at initial determination and redetermination and describe what information is required and how often. Required at Initial Determination Required at Redetermination Description [x] [ ] Applicant identity. Describe how you verify: Certified U.S. birth certificate, federal or state issued identification card, military issued identification card, current school ID, or U.S. passport Required at Initial Determination Required at Redetermination Description [x] [ ] Applicant’s relationship to the child. Describe how you verify: Certified U.S. birth certificate, child school record, affidavit of paternity, court order, notarized power of attorney or adoption finalization paperwork [x] [ ] Child’s information for determining eligibility (e.g., identity, age, citizen/immigration status). Describe how you verify: Certified U.S. birth certificate or certificate of citizenship [x] [x] Work. Describe how you verify: Current pay stubs, wage record, written documentation from employer, tax documents [x] [x] Job training or educational program. Describe how you verify: Written verification from institution or training agency [x] [x] Family income. Describe how you verify: Documentation from the employer in the form of pay receipts or a written statement and or written documentation from any other entity in which income is received. [x] [x] Household composition. Describe how you verify: The basic family unit in a common place of residence, which is distinguished by and consisting exclusively of parents, responsible adult parents, and their unmarried minor children. Documentation accepted to verify the household members include birth certificates verifying relationship to the applicant, court orders, school records, or verification statement from TANF, Food Assistance or Child Welfare divisions of the lead agency. [x] [x] Applicant residence. Describe how you verify: Recent mortgage statement or receipt, lease or rental agreement, recent bank statement, utility bill, work or school ID, child school record, current property tax statement [ ] [ ] Other. Describe how you verify: N/A 2.2.9 Exception to TANF work requirements Lead Agencies must ensure that families with young children participating in TANF will be informed of their right not to be sanctioned under the TANF work requirement if the custodial parent has a demonstrated inability to obtain child care for a child under age six, in accordance with Section 407(e)(2) of the Social Security Act. a. Identify the TANF agency that established these criteria or definitions: The Alabama Department of Human Resources b. Provide the following definitions established by the TANF agency: i. “Appropriate child care”: Any legally operating child care provider 19 years old or older. In addition, state law requires an individual to be licensed if the individual providers care for children who are unrelated to the individual, in the individuals own home for more than four hours per day. ii. “Reasonable distance”: The distance from the home to the place of employment is unreasonable considering the expected wage and the time and cost of commuting. Employment is not considered suitable if daily commuting time exceeds two hours. The timeframe authorized for care may be any time affiliated with the client’s participation, such as travel time, including reasonable travel to and from a child care facility. The TANF policy does not define reasonable distance however the lead agency provides context to eligibility staff on what is reasonable travel time. Travel time is not to exceed 8 hours per week. iii. “Unsuitability of informal child care”: Informal child care is care legally provided in the child’s home by either a relative or non-relative or care provided out of the child’s home by a relative or a license exempt non-relative. TANF policy does not allow payment for child care if the individual providing the care is unrelated to the child, is not licensed, and keeps the child more than four hours per day. The individual is considered unrelated if the individual is not related to the child by blood, marriage or adoption as follows: parent, grandparent, sibling (step or half), uncle, aunt, and spouses of these. In addition, due to wage and hour laws and DHR maximum payment restrictions, no in-home care (meaning the home of the child, but not the provider) may be authorized for less than minimum wage. iv. “Affordable child care arrangements”: In determining whether appropriate child care is available, the case manager should first ask the client if s/he is able to arrange her/his own child care at no cost. Find out who currently provides back- up child care when needed, whether the arrangements meet the conditions for legally provided care, and the amount charged by the individual providing the care. Then determine, based on the client’s statement of her/his situation, if that individual is both able and willing to provide child care to enable the client to work and/or participate in JOBS (Job Opportunity and Basic Skills) activities, and if the care meets the guidelines for legal care. If so, authorize and ensure payment as appropriate. If the back-up child care arrangement is not legal or the individual is unable or unwilling to provide the care on a regular basis, the case manager must work with the client to find other means of obtaining legal child care services. This must be done before requiring the client to participate in any activity for which the care is needed, including job search. The final decision as to which type of care will best meet her/his needs and the needs of each child rests with the client. However, the client may not use policy regarding parental choice to circumvent JOBS participation requirements. The client must choose from the resources that are available if the resources are appropriate, accessible, and affordable. For example, if appropriate legal child care services are otherwise available (affordable and accessible) to the client, s/he may not, without good cause, be deferred from participation just because s/he would prefer a different arrangement. c. How are parents who receive TANF benefits informed about the exception to the individual penalties associated with the TANF work requirements? i. [ ] In writing ii. [x] Verbally iii. [ ] Other. Describe: