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CODE OF COLORADO REGULATIONS 8 CCR 1403-1 Colorado Child Care Assistance Program
7 A. Children who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, or camping grounds due to the lack of alternative accommodations; are living in emergency or transitional shelters; B. Children who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings; C. Children who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; or D. Migratory children who qualify as experiencing homelessness for the purposes of these rules because the children are living in circumstances described in this definition A through C. “Federal poverty level” (FPL) or “federal poverty guidelines” (FPG) refers to figures set by the Department annually. These figures, based on gross monthly income levels for the corresponding household size, are included in the table in rule section 3.105.1.H.2. “Fingerprint-based criminal background check” means a complete set of fingerprints for the qualified exempt provider and anyone eighteen (18) years of age and older residing in the qualified exempt provider’s home; or, for the qualified exempt provider if care is provided in the child’s home, taken by a qualified law enforcement agency, and submitted to the Colorado Department of Early Childhood, Division of Early Learning Access and Quality, for subsequent submission to the Colorado Bureau of Investigations (CBI). The individual(s) will also be required to submit a background check with the Federal Bureau of Investigation (FBI). Costs for all investigations are the responsibility of the person whose fingerprints are being submitted unless noted otherwise in the county’s plan, per rule section 3.115.1. “Fiscal Agreement” means a Department-approved agreement between counties or their designees and child care provider(s), which defines the maximum rate possible based on county ceiling rates and quality rating tiers, defines provider rights and responsibilities, and defines responsibilities of the counties or their designees to the child care provider(s). The fully executed fiscal agreement includes noticing of county ceiling rates as well as a copy of the provider’s CCCAP reimbursement rates. Fiscal agreements must be: A. One (1) year in length for qualified exempt child care providers B. Three (3) years in length for licensed child care providers “Fraud/Fraudulent criminal act” means an adult caretaker(s), teen parent(s), or child care provider who has secured, attempted to secure, or aided or abetted another person in securing public assistance to which the adult caretaker(s) or teen parent(s) was not eligible by means of willful misrepresentation/withholding of information or intentional concealment of any essential facts. Fraud is determined as a result of any of the following: A. Obtaining a “waiver of intentional program violation”; B. An administrative disqualification hearing; or C. Civil or criminal action in an appropriate state or federal court. “Funding concerns” means a determination by the Department or a county that actual or projected expenditures indicate a risk of overspending of that county’s available CCCAP allocation in a current fiscal year. “Head Start” means a program operated by a local public or private nonprofit agency designated by the Federal Department of Health and Human Services to operate a head start program pursuant to the provisions of Title V of the Federal “Economic Opportunity Act of 1964”, as amended..