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: A child that has been evaluated and determined to have requirements above and beyond what’s typical for children of a similar age and developmental level. A child that has been evaluated and determined to be physically and mentally incapable of caring for their self. For a child to be considered special needs, written verification must be provided by a qualified health professional, court order, similar documentation indicating the child is under court supervision, an Individual Education Program (IEP) provided by the school; or SSI Award Letter. Citation: CCAP Policy Manual Volume VIII (MS 1020) 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”: To live in the same house. It could be full-time or part-time, as in the case of shared custody. Citation: https://apps.legislature.ky.gov/law/kar/titles/922/002/160/ ii. “in loco parentis”: Someone that is acting in the place of a parent. Citation: https://apps.legislature.ky.gov/law/kar/titles/922/002/160/ 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. [ ] During a time of emergency or disaster, partnering in essential services. iv. [x] Participating in unpaid activities like student teaching, internships, or practicums. v. [ ] Time for meals or breaks. vi. [ ] 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. [ ] Time for meals and breaks. vii. [ ] Time for travel. viii. [x] Hours required for associated activities such as study groups, lab experiences. ix. [ ] 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. [ ] Travel to and from classrooms, labs, or study groups. vii. [ ] Study time. viii. [x] Hours required for associated activities such as study groups, lab experiences. ix. [ ] Time for outside class study or completion of homework. 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 household containing one (1) parent or responsible adult is required to work on average, a minimum of twenty (20) hours per week at initial application. A household containing two (2) parents or responsible adults must work on average, a minimum of forty (40) hours per week at initial application. Neither parent nor responsible adult may work less than an average of five (5) hours per week. Citation: CCAP Policy Manual Volume VIII (MS 1020) [x] Job training. Describe: A minimum of twenty (20) hours of unpaid work such as a practicum, clinical, internship, student teaching, or job training related to Unemployment Insurance Benefits (UIB) can be used to meet the work requirement. Citation: CCAP Policy Manual Volume VIII (MS 3040) [x] Education. Describe: Part-time and Full-time enrollment, as defined by a trade school, college, or university counts as a qualifying activity. Citation: CCAP Policy Manual Volume VIII (2515) [x] Combination of allowable activities. Describe: Unpaid work such as a practicum, clinical, internship, student teaching, or job training related to Unemployment Insurance Benefits (UIB) can be combined with paid employment to meet the 20-hour work requirement. Citation: CCAP Policy Manual Volume VIII (2515) [ ] 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. [ ] Children participating in a Lead Agency’s Early Head Start - Child Care Partnerships program. [ ] 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: This includes families applying for CCAP that meet all technical eligibility requirements and have verified employment in a CHFS Regulated Licensed or Certified child care program. This ￿Protected Population￿ will be eligible to have ALL household income excluded for the CCAP application process. The Child Care Employee Exclusion is a provision for individuals applying for CCAP that are employed in child care. The Protected Population applying for CCAP, that meet all technical eligibility requirements and have verified (paid employment of at least 10 hours per week) in a CHFS Regulated Licensed or Certified child care program will be eligible to have all household income excluded for the CCAP application. Citation: CCAP Policy Manual Volume VIII (MS 3040) 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 4173.00 85.00 3547.00 2 5457.00 85.00 4639.00 3 6741.00 85.00 5731.00 4 8025.00 85.00 6822.00 5 9309.00 85.00 7914.00 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. [ ] Public assistance. x. [x] Other. Describe: Self Employment Income d. What is the effective date for these income eligibility limits? 10/1/2024 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: 2024 [ ] Other. Describe: f. Provide the direct URL/website link, if available, for the income eligibility limits. https://www.chfs.ky.gov/agencies/dcbs/dfs/Documents/omvolviii.pdf 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 We use the prior 2 calendar months paystubs to average taxed wages and the prior 12 calendar months for self- employment. 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. [ ] 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: The CCAP resource limit is not applicable for preventive and protection cases. Citation: CCAP Policy Manual Volume VIII (MS 3580) 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: The following must also be verified at initial application: Head of household’s identification, Kentucky residency for child(ren) needing care, household composition and relationship. All technical eligibility requirements for CCAP must be verified for those participating in the child care workforce service group. This includes a written statement from the employer that verifies place of employment, work hours and wages. b. [x] Eligibility redetermination? If checked, describe: The following must also be verified at re-determination: household composition. 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: Identity for the Head of Household can be verified with a Driver’s License, state issued photo ID, Student Id, Military Id or two (2) other forms of verification. Citation: CCAP Policy Manual Volume VIII (MS 1510) Required at Initial Determination Required at Redetermination Description [x] [ ] Applicant’s relationship to the child. Describe how you verify: Relationship is verified with any of the following: Birth certificate, KVETS for persons born in Kentucky, court or legal documents, hospital records, adoption records, paternity documents, military records, medical records, baptism certificate, church documents or family Bible. Citation: CCAP Policy Manual Volume VIII (MS 1510) [x] [ ] Child’s information for determining eligibility (e.g., identity, age, citizen/immigration status). Describe how you verify: Age is verified with Birth certificate, KVETS for persons born in Kentucky, hospital records, doctor’s statement, baptismal record, adoption records and INS records. Citation: CCAP Policy Manual Volume VIII (MS 3000) [x] [x] Work. Describe how you verify: Employees can verify work hours with the following: Copies of actual check stubs, PAFS-700 Verification of Employment and Wages form signed and completed by the employer, written statement from the employer, employer printout of wages and hours worked, Eligibility Advisor, collateral contact, employment contract. Clients that are self-employed and use their personal business records or the prior year’s tax return. All technical eligibility requirements for CCAP must be verified for those participating in the child care workforce service group. This includes a written statement from the employer that verifies place of employment, work hours and wages. Citation: CCAP Policy Manual Volume VIII (MS 3515) [x] [x] Job training or educational program. Describe how you verify: The client can provide their current or upcoming class schedule or a written statement from a school official. Citation: CCAP Policy Manual Volume VIII (MS 2515) Required at Initial Determination Required at Redetermination Description [x] [x] Family income. Describe how you verify: Employees can verify wages with the following: Copies of actual check stubs, PAFS-700 Verification of Employment and Wages form signed and completed by the employer, written statement from the employer, employer printout of wages and hours worked, Eligibility Advisor, collateral contact, employment contract. Clients that are self-employed can use their personal business records or the prior year’s tax return. Unearned income can be verified with Award Letters, company pension statement, IRS records, retirement records, support orders, bank statements, CSE External Search for Child support, written statements. Citation: CCAP Policy Manual Volume VIII (MS 3550) [x] [x] Household composition. Describe how you verify: Household composition is verified with the following: Completed PAFS-76 Information Request or a similar statement (lease or written statement from someone who knows the client ￿ Lease and written statement must include all household members, address, contact information and the date signed.) from a collateral contact familiar with the family’s living situation. Citation: CCAP Policy Manual Volume VIII (MS 1009) [x] [ ] Applicant residence. Describe how you verify: Proof of residence is verified with the following: Completed PAFS-76 Information Request or a similar statement (lease or written statement from someone who knows the client ￿ Lease and written statement must include all household members, address, contact information and the date signed.) from a collateral contact familiar with the family’s living situation. Citation: CCAP Policy Manual Volume VIII (MS 1009) [ ] [ ] Other. Describe how you verify: N/A 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: The Division of Family Support under the Cabinet of Health and Family Services. b. Provide the following definitions established by the TANF agency: i. “Appropriate child care”: Kentucky defines ￿appropriate child care￿ as an eligible child care provider as defined in 45 C.F.R. Part 98.2. ii. “Reasonable distance”: Kentucky defines ￿reasonable distance￿ as the distance customarily available within a locality. iii. “Unsuitability of informal child care”: Kentucky defines ￿unsuitability of informal child care￿ as care not regulated under Kentucky law which does not meet the quality child care need as defined by the parent or the health and safety requirements applicable to unregulated child care in the Commonwealth. iv. “Affordable child care arrangements”: Kentucky defines ￿affordable child care arrangements￿ as appropriate child care at a reasonable distance which is suitable and with charges at or below the maximum provider payment rate under the Child Care and Development Fund plan. 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. [ ] Verbally iii. [ ] Other. Describe: