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. Not applicable. 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 ii. If yes, provide the Lead Agency definition of physical and/or mental incapacity: Children who are physically and/or mentally incapable of self-care are children with exceptional needs. Welfare and Institution Code section 10213.5 defines children above the age of 18 with exceptional needs who have been determined to be eligible for special education and related services by an individualized education program team according to the special education requirements contained in Part 30 (commencing with Section 56000) of Division 4 of Title 2 of the Education Code, and who meet eligibility criteria described in Section 56026 of the Education Code, and Article 2.5 (commencing with Section 56333) of Chapter 4 of Part 30 of Division 4 of Title 2 of the Education Code, and Title 5, California Code of Regulations, Sections 3030 and 3031. These children must have an active individualized education program, must be receiving early intervention services or appropriate special education and related services, and must be children who require the special attention of adults in a child care setting. This includes children with intellectual disabilities, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), serious emotional disturbance (also referred to as emotional disturbance), orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities, who need special education and related services consistent with Section 1401(3)(A) of Title 20 of the United States Code. 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? ☐ No. ☐ X Yes. If yes, and the upper age is (may not equal or exceed age 19): 18 d. How does the Lead Agency define the following eligibility terms? i. “residing with”: Living within the same household. ii. “in loco parentis”: Any other adult living with a child who has responsibility for the care and welfare of the child. 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. ☐ Participating in unpaid activities like student teaching, internships, or practicums. v. ☐ X Time for meals or breaks. vi. ☐ X Time for travel. vii. ☐ X Seeking employment or job search. viii. ☐ X Other. Describe: Sleep time is permitted if the parent is employed anytime between 10:00pm and 6:00am, not to exceed the number of hours authorized for employment and travel between those hours. Sleep time is not provided when there is a parent in the family available and capable of providing care for the family’s child(ren) during the time requested or supervision of the family’s child(ren) is(are) otherwise provided by scheduled time in a public education program available to school-age children, or a private school in which the child(ren) is(are) enrolled and attending; or a time when a child(ren) is(are) receiving any other child care and development services. 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. ☐ X English as a Second Language training. iv. ☐ Adult Basic Education preparation. v. ☐ Participation in employment service activities. vi. ☐ X Time for meals and breaks. vii. ☐ X Time for travel. viii. ☐ X Hours required for associated activities such as study groups, lab experiences. ix. ☐ X Time for outside class study or completion of homework. x. ☐ Other. Describe: Not applicable. 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. ☐ X One-year diploma (36 credit hours). iv. ☐ X Two-year degree. v. ☐ X Four-year degree. vi. ☐ X Travel to and from classrooms, labs, or study groups. vii. ☐ X Study time. viii. ☐ X Hours required for associated activities such as study groups, lab experiences. ix. ☐ X Time for outside class study or completion of homework. x. ☐ Applicable meal and break times. xi. ☐ X Other. Describe: Education is also defined as engaged in an educational program for English language learners or to attain a high school diploma or General Education Development certificate, or High School Equivalency certificate. Eligibility is limited in total to six years from the initiation of services based on enrollment in an education program. On-line or televised instructional classes that are unit bearing classes from an accredited training institution are considered attending education and are counted as class time at one hour a week for each unit. d. Does the Lead Agency impose a Lead Agency-defined minimum number of hours of activity for eligibility? ☐ X No. ☐ Yes. If yes, describe any Lead Agency-imposed minimum requirement for the following: ☐ Work. Describe: Not applicable. ☐ Job training. Describe: Not applicable. ☐ Education. Describe: Not applicable. ☐ Combination of allowable activities. Describe: Not applicable. ☐ Other. Describe: Not applicable. 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: Not applicable. 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. ☐ X 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: Not applicable. 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: Not applicable. ☐ Eligibility limits are established locally only. Provide the number of income eligibility tables and describe who sets the limits: Not applicable. ☐ Other. Describe: Not applicable. 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 $7,759 85 percent $6,595/mo. 2 $7,759 85 percent $6,595/mo. 3 $8,790 85 percent $7,472/mo. 4 $10,249 85 percent $8,712/mo. 5 $11,889 85 percent $10,106/mo. ii. Does the Lead Agency certify that they use other funds if the income eligibility limit percent exceeds 85% SMI? ☐ X Not applicable. The Lead Agency does not allow income eligibility limits above 85% SMI. ☐ Yes, the Lead Agency certifies that they use other funds (non-CCDF funds) for families with income that exceeds 85% SMI. ☐ No. The Lead Agency establishes income eligibility limits above SMI and includes CCDF funds to pay for families with income that exceeds 85% SMI. If checked, describe: Not applicable. b. Complete the table below if the Lead Agency has local variation in the maximum income eligibility limit. Complete the table for the region/locality with the highest eligibility limit, region/locality with the lowest eligibility limit, and the region/locality that is most populous: i. Region/locality with the highest eligibility limit: Family Size 100% of SMI ($/Month) Maximum Initial Eligibility Limit (or Threshold) % Maximum Initial Eligibility Limit (or Threshold) $ 1 Not applicable. Not applicable. Not applicable. 2 Not applicable. Not applicable. Not applicable. 3 Not applicable. Not applicable. Not applicable. 4 Not applicable. Not applicable. Not applicable. 5 Not applicable. Not applicable. Not applicable. 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 Not applicable. Not applicable. Not applicable. 2 Not applicable. Not applicable. Not applicable. 3 Not applicable. Not applicable. Not applicable. 4 Not applicable. Not applicable. Not applicable. 5 Not applicable. Not applicable. Not applicable. 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 Not applicable. Not applicable. Not applicable. 2 Not applicable. Not applicable. Not applicable. 3 Not applicable. Not applicable. Not applicable. 4 Not applicable. Not applicable. Not applicable. 5 Not applicable. Not applicable. Not applicable. iv. 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 (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: Not applicable. c. How does the Lead Agency define “income” for the purposes of eligibility at the point of initial determination? Check all that apply: v. ☐ X Gross wages or salary. vi. ☐ X Disability or unemployment compensation. vii. ☐ X Workers’ compensation. viii. ☐ X Spousal support, child support. ix. ☐ X Survivor and retirement benefits. x. ☐ X Rent for room within the family’s residence. xi. ☐ X Pensions or annuities. xii. ☐ X Inheritance. xiii. ☐ X Public assistance. xiv. ☐ X Other. Describe: Other countable income sources include commissions, overtime pay, tips, bonuses, gambling or lottery winnings; wages for migrant, agricultural, or seasonal work; gross income from self-employment less business expenses with the exception of wage draws; financial assistance for housing costs or car payments paid as part of or in addition to spousal or child support; dividends, interest on bonds, income from estates or trusts, net rental income or royalties; financial assistance received for the care of a child living with an adult who is not the child’s biological or adoptive parent; veteran’s pensions; allowances for housing or automobiles provided as part of compensation; insurance or court settlements for lost wages or punitive damages; net proceeds from the sale of real property, stocks, or inherited property and other enterprise for gain. Some exclusions to countable income are noted in the definition of "adjusted monthly income" in California Code of Regulations, Title 5, Section 18078, including the exclusion of specified foster care payments and guaranteed income payments as countable income. d. What is the effective date for these income eligibility limits? July 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? ☐ LIHEAP. If checked, provide the publication year of the LIHEAP guideline estimates used by the Lead Agency: Not applicable. ☐ X Other. Describe: Source: 2022 American Community Survey Public Use Microdata Sample File. f. Provide the direct URL/website link, if available, for the income eligibility limits. 2024- 25 Income Ranking Table 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: When a family experiences income fluctuation, a family may choose to provide up to the 12 preceding months of income information as necessary for purposes of determining income eligibility or calculating a family fee. The adjusted monthly income must be determined by averaging the total countable income from at least two months, as applicable based on the income provided, to determine average adjusted monthly income for purposes of determining income eligibility or calculating a family fee. ii. ☐ Request earning statements that are most representative of the family’s monthly income. iii. ☐ 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: Not applicable. 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: Not applicable. 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: Not applicable. 2.2.7 Additional eligibility criteria Aside from the eligibility conditions or rules which have been described in 2.2.1 through 2.2.6, is any additional eligibility criteria applied during: a. ☐ X Eligibility determination? If checked, describe: In addition to eligibility criteria listed in 2.2.1 through 2.2.6, eligibility criteria for child care and development services at eligibility determination include being a resident of California. A family may also be eligible for child care and development service if they are eligible for other government means tested programs, are seeking permanent housing for family stability, or are incapacitated as shown in (a)(1)(A) and (a)(1)(B) of Welfare and Institutions Code 10271. b. ☐ X Eligibility redetermination? If checked, describe: In addition to eligibility criteria listed in 2.2.1 through 2.2.6, eligibility criteria for child care and development services at eligibility determination include being a resident of California. A family may also be eligible for child care and development service if they are eligible for other government means tested programs, are seeking permanent housing for family stability, or are incapacitated as shown in (a)(1)(A) and (a)(1)(B) of Welfare and Institutions Code 10271. 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 ☐ X Applicant identity. Describe how you verify: At initial determination and redetermination, the applicant(s) applying for services shall provide applicable information on the application for child care and development services. This includes the applicant’s names, address, phone numbers, and email address. Documentation collected to verify identity may include a valid form of identification or other documentation that verifies the families resides in California, per California Code of Regulations, Title 5 (5CCR) sections 18107 and 18083. ☐ X ☐ X Applicant’s relationship to the child. Describe how you verify: At initial determination and redetermination, the applicant(s) applying for services must provide applicable information on the application for child care and development services that identifies the applicant's relationship to the child. In addition, the families are to provide documentation that supports this relationship such as birth certificates, court orders regarding custody, adoption records, county welfare records, or other reliable documentation that indicates the applicant's relationship to the child receiving services per 5 CCR Section 18083.1. ☐ X ☐ Child’s information for determining eligibility (e.g., identity, age, citizen/immigration status). Describe how you verify: Families provide a birth certificate or vital record to verify the child’s information that is reported on the application for services. ☐ X ☐ X Work. Describe how you verify: At both initial determination and redetermination, the family is to provide paystubs, letters of employment, self-employment bookkeeping records, work schedules, or other documentation to verify employment. If the parent is unable to provide these, the parent can submit an independent verification of employment and the contractor must reach out to the employer to verify. ☐ X ☐ X Job training or educational program. Describe how you verify: For an educational program or vocational training, the family is to provide documentation of the days and hours of enrollment in the program, which includes at least: 1) the name of the institution that is providing instruction or training, 2) the parent’s current class schedule that is either an electronic print-out from the education program or, if unavailable, a document that includes the classes in which the parent is currently enrolled, the days of the week and times of the classes and a registration confirmation from the program. ☐ X ☐ X Family income. Describe how you verify: The family is to provide all sources of countable income; this may include paystubs, letter from the employer regarding wage information, recent tax returns, or any additional documentation that supports the parents reported income on the application for services. ☐ X ☐ X Household composition. Describe how you verify: At both initial determination and redetermination, the family is required to provide the names of all adults in the household and documentation verifying age of all children under the age of 18 to determine total family size. This documentation must demonstrate the relationship of the adults on the application to the children. Documentation may be from a birth certificate, court orders regarding child custody, adoption records, foster care placement records, school or medical records, County Welfare Department records, or other reliable documents indicating the relationship. These are reviewed by the agency before certifying a family for services. ☐ X ☐ X Applicant residence. Describe how you verify: Currently families are to provide documentation of California residence; this may include a valid ID with address, rental agreement, utility bill, or other valid documentation of current residency, per 5 CCR Section 18107. ☐ X ☐ X Other. Describe how you verify: As time and funding permit, California Department of Social Services (CDSS) plans to review and adopt processes to remove barriers to services by providing streamlined eligibility and prioritizing resources to those in need consistent with the recommendations in the 2020 Master Plan for Early Learning and Care. Since CDSS administers many other support service programs for vulnerable populations, the Department is also evaluating how to support these vulnerable populations across programs. 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 California Department of Social Services administers the Temporary Assistance for Needy Families program in California and establishes the following criteria or definitions. b. Provide the following definitions established by the TANF agency: i. “Appropriate child care”: Appropriate early learning and care is defined as early learning and care chosen by the parent that meets the needs of the child and parent(s). Early learning and care are either licensed for the appropriate age group, or special needs category, or is license-exempt and the parents and providers have completed the Health and Safety Self-Certification form and the provider meets TrustLine requirements, unless the early learning and care arrangement is exempt from the TrustLine requirements. ii. “Reasonable distance”: Reasonable distance is defined as the distance customarily traveled by working families in accessing early learning and care in the community. iii. “Unsuitability of informal child care”: Informal early learning and care is unsuitable when the caregiver is not allowed to be registered though the TrustLine system in accordance with the TrustLine regulations or would otherwise be denied payment for early learning and care services that are exempt from licensure because of a violent felony conviction. iv. “Affordable child care arrangements”: Affordable early learning and care is early learning and care where the total cost to the family does not exceed the regional market rate plus family fees established by the state in accordance with the family fee schedule. c. How are parents who receive TANF benefits informed about the exception to the individual penalties associated with the TANF work requirements? i. ☐ X In writing ii. ☐ Verbally iii. ☐ Other. Describe: Not applicable.