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. 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? [x] No. [ ] Yes. i. If yes, the upper age is (may not equal or exceed age 19): ii. If yes, provide the Lead Agency definition of physical and/or mental incapacity: 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? [x] No. [ ] Yes. If yes, and the upper age is (may not equal or exceed age 19): d. How does the Lead Agency define the following eligibility terms? i. “residing with”: Living with a parent, legal guardian or other adult relative caretaker in the same home. ii. “in loco parentis”: A responsible adult with whom the child lives, who is responsible for the day-to-day care and custody of the child when the child's parent by blood, marriage, adoption or court order is not performing such duties. See Rule 6M-4.200, F.A.C. 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. [x] During a time of emergency or disaster, partnering in essential services. iv. [x] 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. [ ] Other. Describe: 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. [ ] English as a Second Language training. iv. [x] Adult Basic Education preparation. v. [x] 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: 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. [ ] Other. Describe: d. Does the Lead Agency impose a Lead Agency-defined minimum number of hours of activity for eligibility? [ ] No. [x] Yes. If yes, describe any Lead Agency-imposed minimum requirement for the following: [x] Work. Describe: A single-parent family in which the parent with whom the child resides is employed or engaged in eligible work for at least 20 hours per week; (2) a two-parent family in which both parents with whom the child resides are employed or engaged in eligible work activities for a combined total of at least 40 hours per week. [x] Job training. Describe: A single-parent family in which the parent with whom the child resides is employed or engaged in eligible job training for at least 20 hours per week; (2) a two-parent family in which both parents with whom the child resides are employed or engaged in eligible job training activities for a combined total of at least 40 hours per week. [x] Education. Describe: A single-parent family in which the parent with whom the child resides is engaged in education activities for at least 20 hours per week; (2) a two-parent family in which both parents with whom the child resides are engaged in education activities for a combined total of at least 40 hours per week. [x] Combination of allowable activities. Describe: A single-parent family in which the parent with whom the child resides is employed or engaged in eligible work or education activities for at least 20 hours per week; a two-parent family in which both parents with whom the child resides are employed or engaged in eligible work or education activities for a combined total of at least 40 hours per week. [ ] 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. [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. [x] Children whose family members are deemed essential workers under a governor-declared state of emergency. [x] Children experiencing homelessness. [x] 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? [ ] No. [x] 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: [ ] 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 3074.00 59.00 1823.00 2 4020.00 61.00 2465.00 3 4965.00 63.00 3108.00 4 5911.00 63.00 3750.00 5 6857.00 64.00 4393.00 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: 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 2 3 4 5 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 2 3 4 5 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 2 3 4 5 iv. 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 (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. [ ] Inheritance. ix. [x] Public assistance. x. [ ] Other. Describe: d. What is the effective date for these income eligibility limits? July 1 of each state fiscal year 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://www.acf.hhs.gov/ocs/policy-guidance/liheap-im-2023-02-state-median-income- estimates-optional-use-ffy-2023-and 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 12 months ii. [ ] Request earning statements that are most representative of the family’s monthly income. iii. [x] 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: 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: Families are requested to submit any income household members receive to ensure it is on file. In order to participate in the SR program, parents shall submit a prequalifying questionnaire, file an application, certifying the family’s total assets do not exceed the program requirements and provide requested documentation to an ELC. For at-risk out of home placements, including foster children or relative caregiver cases and TANF child only cases, the family’s income and assets shall be based on the child’s income only 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. [ ] Eligibility determination? If checked, describe: 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] [x] Applicant identity. Describe how you verify: The applicant must meet the definition of a parent consistent with regulatory requirements. Rule 6M-4.208(4)(d), F.A.C., requires an applicant to submit a government issued ID in conjunction with one of the documents referenced below (in section ii) for purposes of establishing a relationship to the child. Required at Initial Determination Required at Redetermination Description [x] [x] Applicant’s relationship to the child. Describe how you verify: Each applicant must meet the definition of parent. After the applicant has established his or her identity by providing acceptable documentation, the applicant must submit one of the following documents to establish parental relationship: 1. A copy of the child’s birth certificate. 2. A court order or other legal document that substantiates the adult’s relationship to the child(ren). 3. A valid DCF or Workforce Child Care Authorization Form that bears the name of the child and the parent. 4. Documentation the applicant is in receipt of relative caregiver payment or TANF benefits on behalf of the child. 5. An affidavit sworn to or affirmed by the child’s parent. 6. Official public or non-public school records. 7. An affidavit from a medical professional. Required at Initial Determination Required at Redetermination Description [x] [x] Child’s information for determining eligibility (e.g., identity, age, citizen/immigration status). Describe how you verify: Child Certificate of Baptism or other religious record of the child’s birth, accompanied by an affidavit state that the certificate is true and correct. - An insurance policy on the child’s life that has been in force for at least two years. - An original or certified copy of the child’s U.S. birth record filed according to law with the appropriate public officer. - An immunization record that a public health officer or licensed practicing physician signed. - Florida SHOTS document. - A valid military dependent identification card. - U.S. passport. - Official vital statistics records. - Lawfully admitted alien document (e.g., Forms I-94, I-94A, I-197, I-551 & I-766) with non-U.S. passport. - Certificate of U.S. citizenship or naturalization. If a child’s parent is unable to submit any of the supporting documentation listed, the ELC may accept a parent’s notarized statement of the child’s age with an accompanying certificate of age that bares the signature of a public health officer or physician stating that the child’s age shown on the affidavit is true and correct. For children identified in ss. 1002.87(1)(a), (1)(c)2. and (1)(c)5., F.S., the child’s status as a TANF recipient, as indicated on a child care authorization submitted by the referring agency, is sufficient to establish the child’s citizenship. For children identified in s. 1002.81(1)(a) -(d)., F.S., the Medicaid-eligible status, as indicated on a child care authorization submitted by the referring agency, is sufficient to establish the child’s citizenship. Required at Initial Determination Required at Redetermination Description [x] [x] Work. Describe how you verify: Employment income: Applicants are asked to submit four weeks of current and consecutive paystubs. If an applicant cannot produce a sufficient number of paystubs, the applicant’s employer is asked to complete an income verification form that details hours worked per week and rate of pay. If the applicant produces neither of the above, then the eligibility specialist contacts the applicant’s employer directly. Self-employment income documents: The most commonly accepted form of documentation is IRS Tax Schedule C from the most recent year if reflective of current earnings. The income form Schedule C (corporate documents, if incorporated) is used and averaged over the number of months of employment. If not reflective of current earnings for the household, older than six months or applicant/recipient has not been self-employed long enough to have filed an income tax, then a profit/loss statement is requested from the household. If questionable, additional receipts and expense documentation is requested. [x] [x] Job training or educational program. Describe how you verify: For applicants who are involved in a job-training program, a TANF child care referral serves as verification. If the gross income of the applicant is not notated on the child care referral, the applicant must submit four weeks of current paystubs to the ELC. School registration records: For education programs, a current document completed by an official of the school or institution showing the number of classroom hours and any lab hours, date the semester/training period starts, and the date it ends on appropriate stationery from the school/institution or training program, which may contain an official seal. This includes an official school schedule and proof of enrollment from an accredited education institution and is limited to GED programs, secondary education programs, technical or vocational programs, associate of arts, associate of science, bachelor of arts, and bachelor of science programs Required at Initial Determination Required at Redetermination Description [x] [x] Family income. Describe how you verify: ELCs can use the following documents to verify income: - Four weeks of current and consecutive pay stubs, using gross income before any deductions, including pretax deductions). When paid biweekly or semi-monthly, two current and consecutive pay periods are requested. For monthly pay periods, one month’s pay is requested. - An income verification form signed by the employer, dated within four weeks of applying for services. Hours worked times rate of pay is then used to calculate earnings. - A signed contract for employment that has a termination date not less than nine months from applying for services. - If none of the above sources are available, direct contact is made with the employer to discuss the applicant’s employment income, which is used to arrive at an income projection that is representative of future earnings. Also recorded is any information provided by the employer, such as projected hours of employment, amount per hour, date the employee started and date of the first received pay. Child support enforcement records: DEL prefers verification directly from child support enforcement or a clerk of the court website that shows the gross amount paid and the time-period over which it was paid. Alternatively, a written statement from the absent parent stating the amount(s) the absent parent paid over the last four weeks, including the dates payments were made. Copies of checks or canceled checks can accompany written statements or be submitted in lieu of written documents. A court order can be used if it was recently issued. However, if the court order has been established for a period of time, and the custodial parent stated that the court order does not reflect current payments, then proof is requested of the last four weeks (one month if paid monthly) of payment and the income is averaged. If, for any reason, the first two sources are not available, an attestation from the parent stating the amount of child support received or not received under the penalty of perjury is acceptable. Other sources of unearned income: An award letter or verification statement may be used to document other sources of unearned income. Required at Initial Determination Required at Redetermination Description [x] [x] Household composition. Describe how you verify: The family unit composition is determined by the application for SR and an acknowledgment of income and family size, which may be recorded on the statewide income worksheet or a locally developed income worksheet that includes at least the information included on the statewide income worksheet. Documentation may also include a supplemental form that describes additional family members and relationships. Required at Initial Determination Required at Redetermination Description [x] [x] Applicant residence. Describe how you verify: Applicants must produce at least one of the following documents to verify residency. -Utility bill (electric, gas, water), cable, internet or landline phone bill dated within 12 months of the date the child application is submitted. - Pay stub from a current employer dated within 12 months of the date the child application is submitted. -Current and signed residential rental agreement, mortgage statement or receipt that contains a name and address, from rental payment dated within 12 months of the date the child application is submitted. - Government-issued document (e.g., Florida driver’s license, Florida identification card, current property tax assessment showing a homestead exemption dated within 12 months of eligibility determination), or - Military order showing that the child’s parent is a service member in the United States Armed Forces and is assigned to duty and resides in Florida when the child attends the SR program (e.g., permanent change of station). - For children identified in s. 1002.87(1), F.S., the child’s status as a TANF recipient, as indicated on a child care authorization submitted by the referring agency, is sufficient to establish the child’s residency. - For children identified in s. 1002.81(1)(a)-(d),F.S., the child’s Medicaid-eligible status, as indicated on a child care authorization submitted by the referring agency, is sufficient to establish the child’s residency. - If no supporting documents listed above are available, an ELC may accept a notarized statement provided by the child’s parent and a letter from a landlord or property owner, which confirms that the child resides at the address shown in the notarized statement. - If no supporting documents listed above are available, for a homeless child as defined in s. 1003.01, F.S., an ELC shall document residency based on other supporting documents showing that the child is homeless and resides in Florida (e.g., letter from a shelter or a notarized statement provided by the child’s parent, school district Student Housing Questionnaire). [ ] [ ] Other. Describe how you verify: 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: Florida Department of Children and Families b. Provide the following definitions established by the TANF agency: i. “Appropriate child care”: An eligible childcare provider as defined in 45 CFR 98.2, and section 1002.88, F.S. Childcare options must have hours of operation that meets the needs of the parents work schedule and meet any special needs of the individual child. ii. “Reasonable distance”: Reasonable distance depends on the geographic area and availability of public transportation. Program staff discusses and determines mileage and/or time needed for travel to and from the job site with the participant. iii. “Unsuitability of informal child care”: Informal child care is suitable only to the extent such care is provided within the constraints of applicable federal and state laws, regulations, and requirements. iv. “Affordable child care arrangements”: Annually, DOE, DEL CCR&R Network surveys all legally operating childcare providers to obtain program and rate information. DEL combines the payment rate data with the Florida Commerce research on the average salary of child care personnel and data from child care providers on the average cost of child care (materials, curricula, food, maintenance costs, and average cost of regulatory fees). This information is then submitted to the state’s Early Learning Programs Estimating Conference. The conference uses the data to set the maximum reimbursement rates for the state. 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. [x] Verbally iii. [ ] Other. Describe: