3011.2.1 Sanctioning When Child Care Is Not Available

This policy applies to TANF cases with a single custodial parent caring for a child under age six and the parent is required to participate in TANF employment and training activities. 1. A Parent Who Is Unable To Obtain Child Care Is Not Sanctioned A Full Family Sanction is not applied to a TANF case when the parent demonstrates that child care is not available. 2. A Parent Must Demonstrate Child Care Is Not Available. Credible evidence of any one of the following conditions demonstrates that child care is not available. a. Appropriate child care is unavailable within a reasonable distance from their home or work. Reasonable distance is defined as care that is located in proximity to either a parent’s place of employment or the parent’s home; generally care that is within ten (10) miles of either the home or work. b. Informal child care by a relative or under other arrangements is unavailable or unsuitable. Informal care is considered unsuitable if the care would not meet the physical or psychological needs of the child. c. An appropriate and affordable formal child care arrangement is not available. Affordable care is defined as care that would provide access to a full range of child care categories and types of providers; appropriate care is care that meets the health and safety standards as defined by State licensing guidelines, as well as the needs of the parent and child. 3. A Parent Must Report That Child Care Is Not Available Within Ten (10) Days. Parents who claim an inability to obtain needed child care must contact a DSS worker to press their claim. Parents have ten (10) days, either from the date when they first attempted to find child care or ten (10) days from the date DSS instructed them to participate in work activities. 4. DSS Will Decide On A Parent’s Claim Of Child Care Unavailability Within Twenty (20) Days. DSS staff have twenty (20) days to review and decide whether the parent’s claim that child care is not available is legitimate. If DSS determines that the parents did not demonstrate their claim, DSS will impose applicable sanctions if the family has not met the employment and training requirement. DSS workers will document in the client’s record the client’s claim and their legitimacy determination. 5. Families Are Not Exempt From Time Limits While a parent may not be sanctioned as a result of child care being unavailable, the parent is not exempt from the TANF time limits. 18 DE Reg. 143 (08/01/14)