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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: Colorado uses the term Additional care needs to define physical/and or mental incapacity for children. Additional care needs means a child who has a physical and/or mental disability and needs a higher level of care on an individualized basis than that of his/her peers at the same age; or, who is under court supervision, including a voluntary out-of-home placement prior to or subsequent to a petition review of the need for placement (PRNP), and who has additional care needs identified by an individual health care plan (IHCP), individual education plan (IEP), physician’s/professional’s statement, child welfare, or individualized family service plan (IFSP). 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): 18.00 d. How does the Lead Agency define the following eligibility terms? i. “residing with”: As of April 1, 2024, to reside with is defined as physical custody. Physical custody means that a child is living with, or in the legal custody of, the adult caretaker(s) or teen parent(s). ii. “in loco parentis”: In loco parentis is defined as a person who is assuming the parent obligations for a child, including protecting their rights and/or a person who is standing in the role of the parent of a child without having gone through the formal adoption process. Parent obligations include, but are not limited to, attending parent teacher conferences, regularly picking up and dropping children at child care, and regularly taking the child to doctor appointments. 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. [ ] Seeking employment or job search. viii. [x] Other. Describe: To be considered employed or self-employed, an individual must also be making at least federal minimum wage. If self-employed, they must be able to show that their income exceeds their expenses unless they are within the first 12 months of their self-employment endeavor. 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. [ ] Apprenticeship or internship program or other on-the-job training. iii. [ ] 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. [x] Other. Describe: Our program rules will be revised effective April 1, 2026, through our rule-making process which engages counties, child care providers, and family advocacy groups to include participation in a nationally recognized, evidence-based Substance Use Disorder program at an intensive outpatient service level or higher is considered participation in a Workforce Training (education) program which will allow time for the appropriate technology changes to be completed to meet full implementation by August 1, 2026. 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. [x] Applicable meal and break times. xi. [x] Other. Describe: "Education" means a regionally accredited post-secondary training program for a Bachelor's degree or less. Parents are eligible for a minimum of two years and a maximum of four years. Basic education is a Low- Income Child Care eligible activity where an adult caretaker or teen parent is in high school education programs working towards a high school diploma or high school equivalency; Adult Basic Education (ABE); and/or, English as a Second Language (ESL). 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: [ ] Job training. Describe: [ ] Education. Describe: [ ] Combination of allowable activities. Describe: [ ] 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. [x] 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. [ ] 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. [ ] 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? [ ] There is a statewide limit with no local variation. [x] There is a statewide limit with local variation. Provide the number of income eligibility tables and describe who sets the limits: Entry eligibility is set by the state department for each county at a level based on the self-sufficiency standard, not to be set below one hundred eighty-five percent (185%) of the federal poverty level. As of July 1, 2024, there are three eligibility tiers that counties have been placed in based on their self-sufficiency standard: 185% FPL, 225% FPL, or 265% FPL. Exit income eligibility is 85% of the SMI. The State income eligibility limits are updated in State rules on October 1st of every year to coincide with Federal State Median Income effective dates. [ ] 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 3 4 5 ii. 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 (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 5136.65 265.00 2247.75 Family Size 100% of SMI ($/Month) Maximum Initial Eligibility Limit (or Threshold) % Maximum Initial Eligibility Limit (or Threshold) $ 2 6717.15 265.00 4354.83 3 8297.66 265.00 5489.92 4 9878.17 265.00 6625.00 5 11458.67 265.00 7760.08 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 5136.65 185.00 2247.75 2 6717.15 185.00 3040.17 3 8297.66 185.00 3832.58 4 9878.17 185.00 4625.00 5 11458.67 185.00 5417.42 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 5136.65 185.00 2247.75 2 6717.15 185.00 3040.17 3 8297.66 185.00 3832.58 4 9878.17 185.00 4625.00 5 11458.67 185.00 5417.42 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: 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. [x] Spousal support, child support. v. [x] Survivor and retirement benefits. vi. [x] Rent for room within the family’s residence. vii. [x] Pensions or annuities. viii. [x] Inheritance. ix. [ ] Public assistance. x. [x] Other. Describe: Colorado has more than 30 types of countable income. The comprehensive list is located in 8 CCR 1403-1 3.111(I). However, our program rules will be revised effective April 1, 2026, through our rule-making process which engages counties, child care providers, and family advocacy groups to exclude income payments made to a family from any unrestricted cash assistance program administered by a government, intermediary, non-profit, or corporate entity, which will allow time for the appropriate technology changes to be completed to meet full implementation by August 1, 2026. 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? [x] LIHEAP. If checked, provide the publication year of the LIHEAP guideline estimates used by the Lead Agency: 2023 [ ] Other. Describe: f. Provide the direct URL/website link, if available, for the income eligibility limits. https://docs.google.com/spreadsheets/d/1WzobLnLoxGbN_JfTuw3jUCZV5N7IA_0uvwEkIo Mt3Wk/edit?usp=sharing 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 Income received during the prior thirty (30) day period shall be used in determining eligibility unless, on a case-by- case basis, the prior thirty (30) day period does not provide an accurate indication of anticipated income, in which case, a county can require verification of up to twelve (12) of the most recent months of income to determine a monthly average. The adult caretaker(s) or teen parent(s) may also provide verification of up to twelve (12) of the most recent months of income if they choose to do so if such verification more accurately reflects a household’s current income level. ii. [x] 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. [x] Other. Describe the other ways the Lead Agency takes into account irregular fluctuations in earnings: Irregular child support income, not including lump sum payments, may be averaged over a period of time up to twelve (12) months in order to calculate household income if this is most beneficial for the recipient. Additionally, non-recurring lump sum payments, including lump sum child support payments, may be included as income in the month received or averaged over a twelve (12) month period, whichever is most beneficial for the recipient. Lastly, irregular income in the certification period that totals less than ninety dollars ($90) in any calendar quarter, such as slight fluctuations in regular monthly income and/or that which is received too infrequently or irregularly to be reasonably anticipated is not considered countable income. 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? [ ] No. [x] Yes. If yes, describe the policy or procedure: A Protective Services household is considered to be a household of one for the purposes of determining income eligibility. The only countable income for a protective services household is that of the child(ren). Counties have the option to waive the income requirement for Protective Services households on a case-by-case basis. 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. [x] Eligibility determination? If checked, describe: Counties have the option to require an orientation or interview as part of the eligibility determination process at the time of application. Counties that utilize this option are required to provide justification to CDEC ensuring that the process does not create burdens on families or delay the eligibility determination process. The remaining eligibility criteria are addressed in other sections of the plan. 2.2.7 b. Is not checked and should not be as there are no additional criteria at the time of redetermination (as already noted in the draft plan). If a wait list is in place, counties can choose to prioritize vulnerable populations such as: households below 130% FPG, teen parents, children with additional care needs, families experiencing homelessness, and other segments of the population as defined by the county based upon local need. 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: Colorado only verifies the child's identity since the child is the benefit recipient. This is done via the applicant's self-attestation. CCCAP utilizes the preponderance of evidence as the program's standard of verification for a child's identity, only requiring additional documentation if the information received is inconsistent with the applicant’s statement, a prior application, or other information provided to another public assistance program such as SNAP or Medicaid. For Low-Income Child Care, the signature of the adult caretaker on the completed application or redetermination form attests to the identity of the child. For Colorado Works Child Care, the Colorado Works Program verifies the identity of the child as a part of program eligibility and the child care referral form is used as verification of identity for child care assistance. For Protective Services Child Care, the Child Welfare worker verifies the child’s identity. Confirmation that verification was seen is captured on the Protective Services Child Care Referral form to serve as documentation for data entry purposes. [x] [ ] Applicant’s relationship to the child. Describe how you verify: For Low-Income Child Care, any unrelated individual who is acting as a primary adult caretaker for an eligible child is required to obtain verification from the child's biological or adoptive parent, legal guardian, or a court order that identifies the unrelated individual as the child's adult caretaker. Applicant's relationship to the child is verified once, at the time of application. For Colorado Works Child Care, the Colorado Works program identifies the relationship to the child as a part of program eligibility and the child care referral form is used as verification for child care assistance. For Protective Services Child Care, Child Welfare verifies the adult caretaker's relationship to the child, and no further verification is required for child care assistance. Required at Initial Determination Required at Redetermination Description [x] [ ] Child’s information for determining eligibility (e.g., identity, age, citizen/immigration status). Describe how you verify: CCCAP utilizes the preponderance of evidence as the program’s standard of verification for a child’s age and citizenship status, only requiring additional documentation if the information received is questionable. For Low-Income Child Care, the signature of the adult caretaker on the completed application or redetermination form attests to the citizenship status and date of birth of the child. For Colorado Works Child Care, the Colorado Works Program verifies the citizenship and age of the child as a part of program eligibility, and the child care referral form is used as verification of citizenship and age for child care assistance. For Protective Services Child Care, verification of citizenship and identity for the child must be obtained within the six- month grace period by the county. Required at Initial Determination Required at Redetermination Description [x] [x] Work. Describe how you verify: Verification of employment includes paycheck stubs, completion of a county form, or a signed statement from the employer or employer's authorized designee, stating employment start date, hourly wage or gross salary amount, work schedule (if requesting overnight, evening, or weekend care), payment frequency, date of first paycheck and verifiable employer contact information. Verification documents are maintained in the client's file. If written documentation is not available at the time of eligibility determination, verbal verification from the employer or other person issuing the compensationmay be obtained. Counties document the collateral contact verification in the case file to include the date that the information was received, who provided the information, and a contact phone number. Verification of self- employment may include a ledger, completion of a county form, or other documentation that lists their income and work-related expenses. All expenses must be verified or they will not be allowed. Self-employed caretakers must also provide an expected work schedule that includes approximate work hours so the county can confirm that the individual is meeting federal minimum wage and that their expenses do not exceed their income. Lastly, if an individual self-employment endeavor is less than twelve (12) months old, they may be granted child care for six (6) months or until their next re-determination, whichever is longer, to establish their business. At the end of the launch period, adult caretakers shall provide documentation of income, verification of expenses, and proof that they are making at least federal minimum wage for the number of hours worked. Projected income for the launch period shall be determined based on the federal minimum wage times the number of declared hours worked. For Colorado Works Child Care, the Colorado Works Program identifies the approved activity. Adult caretakers or teen parents that have been determined eligible for Colorado Works, have entered into a current individualized plan, and are participating in allowable work activities as defined in Colorado Works. Protective services households are not subject to eligible activity requirements. Required at Initial Determination Required at Redetermination Description [x] [x] Job training or educational program. Describe how you verify: For Low-Income Child Care, verification of job training or education may include an enrollment letter, a schedule, or other document that shows that the individual is actively enrolled in the job training or education program. Verification documents are maintained in the client's file. If written documentation is not available at the time of eligibility determination, verbal verification from the job training or educational program may be obtained. Counties document the collateral contact verification in the case file to include the date that the information was received, who provided the information, and a contact phone number. For Colorado Works Child Care, participation in a job training or educational program is determined by the Colorado Works Program for child care assistance. Protective services households are not subject to eligible activity requirements. Required at Initial Determination Required at Redetermination Description [x] [x] Family income. Describe how you verify: For earned or unearned income, the income received during the prior thirty (30) day period shall be used in determining eligibility unless, on a case-by-case basis, the prior thirty (30) day period does not provide an accurate indication of anticipated income, in which case, a county can require verification of up to twelve (12) of the most recent months of income to determine a monthly average. The adult caretaker(s) or teen parent(s) may also provide verification of up to twelve (12) of the most recent months of income if he/she chooses to do so if such verification more accurately reflects a household’s current income level. For earned income, the individual must be able to verify they are earning at least federal minimum wage. If the individual is self-employed, they must also be able to show they have maintained an average income that exceeds their business expenses. Verification of current (not in arrears), court- ordered child support payments for children not living in the household are provided by the adult caretaker or teen parent to have the amount deducted from monthly gross income. This is verified at the time of application and re- determination or if the adult caretaker or teen parent begins making these payments during the eligibility period. For Colorado Works Child Care, earned income is verified by the Colorado Works Program as a part of program eligibility and is identified on the child care referral form for child care assistance. Protective services households are considered to be a household of one for purposes of determining income eligibility. The only countable income for a protective services household is the income that is received by the child(ren) who has been placed in kinship or foster care. Child support income is not included as income. Protective services households are allowed up to sixty (60) days to provide verification of the child(ren)’s income. As determined by the Child Welfare worker, the income requirement for protective services households may be waived on a case-by-case basis. Required at Initial Determination Required at Redetermination Description [x] [x] Household composition. Describe how you verify: For Low- Income Child Care, households with two adult caretakers or teen parents that need child care, where one adult caretaker or teen parent is engaged in a low-income eligible activity and the other adult caretaker or teen parent is incapacitated such that, according to a physician or licensed psychologist, they are unable to care for the child(ren), must provide verification of said incapacitation. Household composition is verified through self-attestation unless the applicant declares they are unrelated to the child. If they are unrelated to the child, documentation verifying they have custody of the child is required. For Colorado Works Child Care, household composition is determined by the Colorado Works Program as a part of program eligibility, and the child care referral form is used as verification of household composition for child care assistance. For Protective Services Child Care, Child Welfare verifies household composition and no further verification is required for child care assistance. Required at Initial Determination Required at Redetermination Description [x] [x] Applicant residence. Describe how you verify: For Low- Income Child Care, county residency verification is required. Verification of residency may include but is not limited to: Rent receipt/lease; Mortgage statement; Utility or other bill mailed no more than two (2) months previously; Voter registration; Automobile registration; A statement from the person who leases/owns the property; Documentation from schools such as verification of enrollment, report card, or official transcript mailed no more than two (2) months previously; Official correspondence from any other government agency (e.g., IRS) mailed within the past two (2) months; A statement from another department in your agency if they have verified the residence (e.g., Child Welfare, collateral contact); or Paycheck stub received within the past two months. Applicants and recipients must live in the county where the applicant is applying for child care assistance. Verification documents are maintained in the client's file. This is verified once at the time of application, once at re-determination if a change in residence is reported, and if the family reports a change during the eligibility period. For Colorado Works Child Care, the Colorado Works Program determines applicant residence as a part of program eligibility and the child care referral form is used as verification of residence for child care assistance. Protective Services Child Care households are not subject to residency verification. The county with the open child welfare case is considered the county of residence. [ ] [ ] Other. Describe how you verify: Not applicable. 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: CDHS oversees Colorado Works. b. Provide the following definitions established by the TANF agency: i. “Appropriate child care”: As a county-administered model for TANF delivery, counties have the flexibility to define appropriate child care that at minimum maintains the health and safety of the child. Appropriate child care should strive to meet the physical, mental, and emotional developmental needs of the child, as defined by the county. ii. “Reasonable distance”: As a county-administered model for TANF delivery, counties have the flexibility to define what constitutes a reasonable distance. iii. “Unsuitability of informal child care”: As a county-administered model for TANF delivery, counties have the flexibility to define unsuitability which at minimum includes settings that endanger the health or safety of the child or that hinder the growth and development of the child. iv. “Affordable child care arrangements”: As a county-administered model for TANF delivery, counties have the flexibility to define affordability. 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. [ ] Verbally iii. [x] Other. Describe: As a county-administered model for TANF delivery, counties implement their own policies in order to inform families of their child care options such as during the TANF interview process.