a. Eligible Settings

To be eligible for payments, care shall be given in one of the following settings located and operating legally within Connecticut: the child’s home; a family day-care home licensed by the Department of Public Health; a day-care center licensed by the Department of Public Health; a group day-care home licensed by the Department of Public Health; the home of a relative as defined in subsection (34) of section 17b-749-01 of the Regulations of Connecticut State Agencies; the home of a non-relative provider, if care is provided for less than three hours per day; a public or private school-based child care program as defined in subsection (37) of section 17b-749-01 of the Regulations of Connecticut State Agencies; a recreational program operated by a library, boys’ and girls’ club, church-related organization, scouting, camping or community youth program or other similar entity that is legally exempt from separate licensing by the Department of Public Health pursuant to section 19a-77 of the Connecticut General Statutes, and that provides stable and regular care; or a drop-in supplemental child care program where parents are present on-site, for which the parent is charged a fee for child care services.

The commissioner shall have discretion to approve payments for child care services given by a licensed provider located and operating legally in an adjoining state on an exception basis. Approval shall be based on the circumstances of the individual family, including, but not limited to the availability of licensed child care services in the area where the family lives, the need to utilize out-of-state services due to the location of the child’s school or the parent’s work, education or employment services activity and any special needs of the child. The provider shall be licensed and in good standing with the state agency responsible for regulating child care services in the adjoining state. In addition, the provider shall be subject to all other relevant requirements specified in section 17b-749-01 to17b-749-23 of the Regulations of Connecticut State Agencies, inclusive, and shall cooperate with the department in providing or obtaining any verification needed to establish the eligibility of the child care arrangement. The determination by the commissioner shall be considered final and is not subject to an administrative hearing.

When determining if a provider is eligible, the department shall give full force and effect to any decision rendered by another agency concerning a license or application for a license to provide child care.

The following individuals shall not be eligible to receive payments from CCAP for providing child care because of their relationship to the child: a person who is a mandatory inclusion in the family unit for CCAP eligibility purposes pursuant to section 17b-749-03 of the Regulations of Connecticut State Agencies; the natural or adoptive parent or legal guardian of the child, or the current or former spouse of such individual; if the child’s parent is a minor who is not emancipated, the natural or adoptive parent or legal guardian of the minor parent, or the current or former spouse of such individual if living in the same household as the minor parent; the child’s sibling through blood, marriage or adoption if living in the same household as the child regardless of the sibling’s age; an adult, regardless of relationship, living in the same household with the child who provides care between the hours of eleven o’clock p.m. and seven o’clock a.m., unless the child is less than three years of age or has special needs; and an individual who has been designated as the caretaker relative of the child under the cash assistance program and the individual’s spouse.

A child care provider who has been convicted of vendor fraud pursuant to section 17b-99 of the Connecticut General Statutes shall not be eligible to receive payments from the CCAP program for providing child care services.