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? [ ] 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: The child must be physically or mentally incapable of caring for him or herself (as established by a qualified professional), or under court supervision. 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”: Living in the same household with (including living away from home if maintaining permanent residence with and continuing to function as a family member, even if maintenance provided is inadequate). ii. “in loco parentis”: Caretaker-any person with the legal right and responsibility to act as a parent, "in the place of a parent", assuming the duties of a parent. 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. [ ] 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. [ ] 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. [ ] 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: Adults included in a child care case must be employed a minimum of 20 hours per week when they need child care to maintain their employment and they must be earning at least the federal minimum wage per hour. [x] Job training. Describe: Adults included in a child care case and participating in an approved job training plan must be engaged in paid employment for a minimum of 15 hours per week and must be earning the equivalent of the federal minimum wage per hour. [x] Education. Describe: Adults included in a child care case and participating in an approved education plan must be engaged in paid employment for a minimum of 15 hours per week and must be earning the equivalent of the federal minimum wage per hour. [ ] 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? [ ] Yes. [x] No. If no, describe the additional work requirements: Adults included in a child care case and participating in an approved job training or education plan must be engaged in paid employment for a minimum of 15 hours per week and must be earning the equivalent of the federal minimum wage per hour. 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. [ ] Children experiencing homelessness. [ ] Children whose family has been affected by a natural disaster. [x] Other. Describe: In addition to the populations checked, Child Care benefits may be provided under the ￿protective services￿ or ￿social service￿ need reason to: 1) ￿Parents with crisis￿, including parents who are hospitalized or otherwise temporarily unable to provide adequate care for the child. This could be inpatient or outpatient, for physical health, mental health or substance abuse treatment, and there is no other adult to care for the child. Families in the process of Kansas Department for Children and Families Intake and Assessment through Prevention and Protection Services, or families receiving services through a family preservation contractor or Kansas Department for Children and Families PPS Social Worker; 2) Juvenile offenders in the custody of the Kansas Department of Corrections-Juvenile Services when the foster parent is employed and needs child care; 3) Children whose caretaker has placed them with a ￿Safe Families for Children￿ host family due to a family crisis, thereby avoiding placement of the children in Foster Care. These children are not in Foster Care. Child care for these children must be needed due to the employment or education/training of the adults in the ￿Safe Families for Children￿ host family. 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? [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 2 5573.00 85.00 4737.00 3 6884.00 85.00 5851.00 4 8195.00 85.00 6966.00 5 9425.00 85.00 8081.00 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 Family Size 100% of SMI ($/Month) Maximum Initial Eligibility Limit (or Threshold) % Maximum Initial Eligibility Limit (or Threshold) $ 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. [ ] Public assistance. x. [x] Other. Describe: Income includes money received from such sources as wages, self-employment, property rentals, pensions, benefits, and contributions. Kansas divides income into two types: earned and unearned income. Earned income is income which is received as wages, salary, or profit resulting from the performance of services, including managerial responsibilities, by the family. Unearned income is any income that is not earned and may be derived from benefits (unemployment compensation, Social Security, Veterans Affairs, etc.), pensions, contributions, and settlements. There are no income deductions used in determining eligibility for child care services. d. What is the effective date for these income eligibility limits? April 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 [x] Other. Describe: 2024 Federal Poverty Guidelines f. Provide the direct URL/website link, if available, for the income eligibility limits. https://content.dcf.ks.gov/EES/KEESM/Appendix/F- 1MonthlyFamilyIncomeAndFamilyShareDeductionSchedule.xlsx 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 30 days ii. [x] 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. [x] Other. Describe the other ways the Lead Agency takes into account irregular fluctuations in earnings: A prospective (income estimate or conversion) or income average method of budgeting is used to determine eligibility and amount of assistance. Earned income information is analyzed to accurately prospect income. Past information is evaluated to determine if it represents the future. Paystubs provided are evaluated to determine if any are not reflective of future earnings, such as a high check due to one-time overtime or a bonus, a low check due to illness or missed work, or a first partial check. If overtime, bonuses, or commissions are on the pay stub, these are evaluated to determine whether this income is recurring. If the person is employed where tips are paid, it is determined if tips are actual or allocated. (Certain employers must allocate tips if the percentage of tips reported by employees falls below a required minimum percentage of gross sales. To "allocate tips" means to assign an additional amount as tips to each employee whose reported tips are below the required percentage.) Pay information provided is evaluated to determine if there was a recent pay raise that will impact future earnings. If the recent past 30 days is reflective of the future, that information is used and documented to support the determination. If the past 30 days are not reflective of future earnings due to fluctuating income, more paystubs are obtained to project future 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: KEESM 5140 states that the resource limit is waived for families in which at least one person receives Cash Assistance, families receiving Food Assistance when at least one adult is participating in the Food Assistance Education and Training program, as well as for families receiving child care for a qualified social service reason or participating in the Kansas Early Head Start/Child Care Partnership program. Families defined as receiving or in need of protective services are those receiving child care for a qualified social service reason. 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: Although Kansas currently provides child care for all families who apply and meet financial and non-financial eligibility criteria, priority rules exist for eligibility determination in the event of a wait list. Priority areas include: 1) Families participating in Work Programs who are receiving Cash Assistance or food assistance, and Tribal recipients; 2) Families receiving child care for a qualified Social Service reason; 3) Families no longer eligible for Cash Assistance transitioning to employment whose income is at or below 85% of the State Median Income; 4) Teen parents completing high school/GED; 5) Families who claim to be homeless (self- declaration is accepted) and need child care to maintain employment or participate in an approved educational plan; and 6) Employed families whose income is at or below 85% of the State Median Income. Additional eligibility requirements include that a person must apply and be able to act on their own behalf. The client must supply information essential to the establishment of eligibility or give written permissions for release of information when needed. The family and the child must live in Kansas. They must provide requested income information and meet the income limits, the identity of the person making the application and any other adult in the household will need to be verified, the family must pass the resource test, and documentation of US citizenship or of eligible non-citizen status for the children being applied for will be needed. If parents are absent from the home, the one in the home must work with Child Support Enforcement unless good cause for not cooperating is established. To be eligible, the client must have a qualifying personal need for child care and care for a child that is under the age of 13 or 13 through 18 if the child is incapable of caring for themselves. b. [x] Eligibility redetermination? If checked, describe: At redetermination, unless financial eligibility requirements are waived, a family’s countable income must be at or below 85% of the State Median Income for eligibility to continue. Financial eligibility is waived for TANF and SNAP work program participants, because we already have the information that was used to determine eligibility for the TANF and/or SNAP programs and those limits are under 85% SMI. Families are also eligible with waived financial eligibility for families receiving child care for a qualified social service reason. At redetermination, many of the same additional eligibility requirements remain. The person must complete the renewal application and continue to be able to act on their own behalf. The client must supply information essential to the establishment of eligibility or give written permissions for release of information when needed. The family and the child must live in Kansas. They must provide requested income information and meet the income limits, the identity of the person making the application and any other adult in the household will need to be verified unless previously verified, the family must pass the resource test, and documentation of US citizenship or of eligible non-citizen status for the children being applied for will be needed unless previously provided. If parents are absent from the home, the one in the home must work with Child Support Enforcement unless good cause for not cooperating is established. To be eligible, the client must have a qualifying personal need for child care and care for a child that is under the age of 13 or 13 through 18 if the child is incapable of caring for themselves. 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: At application, the identity of the person making application and any other adult in the assistance household is verified. Identity of any new adult added to the household during the eligibility period is also verified for all adults. Identity may be verified with any number of documents, including a driver's license, voter registration, religious record, or school record - no specific document is required. This does not need reverified at redetermination if previously verified for each required individual. [x] [x] Applicant’s relationship to the child. Describe how you verify: This information is documented on the application or redetermination form and attested to by the applicant through the application and signature process. Verification, such as birth certificates, is only required if questionable. 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: Documentation of date of birth must be provided for each child for whom child care assistance is requested and must only be verified one time. Date of birth may be verified by any documents which reasonably establish the child's date of birth. Documentation of U.S. citizenship is required for everyone for whom child care is requested. US Citizenship may be verified with a birth certificate, religious records, certificates of citizenship or naturalization, U.S. passport, or receipt of medical assistance if verification of citizenship was obtained. If the above forms of documentation cannot be obtained and the individual can provide a reasonable explanation as to why documentation is not available, the agency accepts a signed statement form some who is a U.S. citizen who declares, under penalty of perjury, that the person in question is a U.S. citizen. This verification is only required one time. This does not need reverified at redetermination if previously verified for each required individual. Verification must be presented for each non- citizen child for whom assistance is requested. This may be verified by providing a copy of the child’s I-94 or I 94A, I- 551 or other qualifying documentation and through agency use of the SAVE verification process. [x] [x] Work. Describe how you verify: Work/school schedule is needed to write child care plan and determine benefits. When employment is the reason for child care and it is not related to cash assistance, it must be documented that adults included in the child care case is employed a minimum of 20 hours per week. This is verified at initial application, at review, and with reported changes that increase the need for child care. Reviews occur after 12 full months of assistance. This 12 full month eligibility period starts the 1st day of the month following the month that benefits are authorized or the first month for which benefits are authorized, whichever is later. [x] [ ] Job training or educational program. Describe how you verify: Clients participating in job training or educational programs are required to complete a form that includes their occupational goal and estimated date of completion of their programs. That form is maintained in the case file. This form is only required one time of each new job training or educational program which is approved. Required at Initial Determination Required at Redetermination Description [x] [x] Family income. Describe how you verify: Check stubs or employer statements are used to document income. Kansas Department for Children and Families requests most recent 30 days of pay stubs and 3 months of child support income received when available. Income is verified at initial application, with reported changes and at review. Reviews occur after 12 full months of assistance. This 12 full month eligibility period starts the 1st day of the month following the month that benefits are authorized or the first month for which benefits are authorized, whichever is later. [x] [ ] Household composition. Describe how you verify: Household information is documented on the application form and attested to by the applicant through the application and signature process. The applicant's statement is accepted to document household composition. This includes the relationship of the household members that may be required to be included in the child care case. [x] [x] Applicant residence. Describe how you verify: This information is documented on the application or redetermination form and attested to by the applicant through the application and signature process. Reviews occur after 12 full months of assistance. This 12 full month eligibility period starts the 1st day of the month following the month that benefits are authorized or the first month for which benefits are authorized, whichever is later. [x] [x] Other. Describe how you verify: All trust fund accounts must be verified by providing a copy of the actual trust instrument as well as any supporting information necessary to establish the availability of the trust. In addition, all real property, excluding the home in which the applicant/recipient resides, stocks, bonds and non-exempt retirement funds must be verified. Checking, savings and cryptocurrency accounts must be verified only if resources are close to the resource limit or if questionable. 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: Kansas Department for Children and Families b. Provide the following definitions established by the TANF agency: i. “Appropriate child care”: ￿Appropriate child care￿: A regulated facility that meets or exceeds minimum licensing regulations. If requested and enrolled with the Kansas Department for Children, this can include a non- regulated legally exempt provider who has completed a Health and Safety Standards Checklist and maintains a facility that meets or exceeds minimum standards. ii. “Reasonable distance”: Total daily transport time to and from home and to the child care provider not to exceed 2 hours. If a longer transport time is generally accepted in the community, the round-trip time shall not exceed the generally accepted community standards. iii. “Unsuitability of informal child care”: Care for which the agency would not enter into a Provider Agreement (such as a relative unwilling to care for a child; documentation of family services/protective services case histories). iv. “Affordable child care arrangements”: Care for which the family has the ability to pay the cost through sufficient income or assistance through child care subsidy program. The definition of sufficient income to pay for the cost of child care is based on client self-declaration. 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: