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: Physical or mental incapacity is defined as children under the age of 19 with disabilities or cognitive delays who are not able to properly manage or care for his/her person without assistance. Appropriate clinical authorities must document this determination. The Lead Agency requires a child meet the definition for a child with special needs or a child with disabilities. 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”: A child must live in the same household as the parent, or person who is legally responsible for the child's welfare, during the period of time for which child care services are requested. ii. “in loco parentis”: When an adult is acting in place of a parent. For example, an adult designated in a military parent's family plan would be acting "in loco parentis." 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. [ ] Participating in unpaid activities like student teaching, internships, or practicums. v. [x] Time for meals or breaks. vi. [ ] 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. [x] English as a Second Language training. iv. [x] Adult Basic Education preparation. v. [ ] Participation in employment service activities. vi. [ ] Time for meals and breaks. vii. [ ] Time for travel. viii. [ ] 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: An individual is working when (s)he performs any paid type of legal labor on either a full or part-time basis and has documents to show income received. Evidence of workers compensation or a waiver from workers compensation is also further proof of employment. [x] Job training. Describe: If a single parent is attending school or training full-time, where full- time is based on the school's guidelines, the parent does not have a work activity requirement. In a two-parent family if both parents are attending school or training full-time, where full-time is based on the school's guidelines, there is no work activity requirement for either parent. [x] Education. Describe: If a single parent is attending school or training full-time, where full- time is based on the school's guidelines, the parent does not have a work activity requirement. [x] Combination of allowable activities. Describe: Employed and attending school or a training program part-time and meeting a minimum hourly requirement. [ ] 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. [ ] Children in kinship care. [ ] Children who are in families under court supervision. [ ] 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: The Child and Family Services Division (CFSD) determines if a child falls under the ￿protective services￿ definition. 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 4138.00 56.11 2322.00 2 5412.00 58.22 3151.00 3 6685.00 59.55 3981.00 4 7958.00 60.44 4810.00 Family Size 100% of SMI ($/Month) Maximum Initial Eligibility Limit (or Threshold) % Maximum Initial Eligibility Limit (or Threshold) $ 5 9232.00 61.08 5639.00 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 Family Size 100% of SMI ($/Month) Maximum Initial Eligibility Limit (or Threshold) % Maximum Initial Eligibility Limit (or Threshold) $ 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. [ ] Rent for room within the family’s residence. vii. [x] Pensions or annuities. viii. [x] Inheritance. ix. [ ] Public assistance. x. [x] Other. Describe: The Lead Agency has a list of countable income in the Child Care Policy Manual Section 2-6: Income Evaluation Table. d. What is the effective date for these income eligibility limits? 03/01/2024 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://dphhs.mt.gov/assets/ecfsd/childcare/policymanual/Sliding_Fee_Scale_2023.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 Earnings are averaged over a period of time up to twelve months and evaluated on a case-by-case basis. ii. [x] Request earning statements that are most representative of the family’s monthly income. iii. [ ] 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: Each instance of changes in earnings is evaluated on a case-by-case basis. Irregular income should first be averaged on a two-month basis. If an accurate computation cannot be made on a two-month basis, then the parent’s income can be calculated by averaging up to a 12-month basis. 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? [x] No. [ ] Yes. If yes, describe the policy or procedure: 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 family must meet a child support compliance requirement for any child under the age of 18. If a child in the household with has an absent parent, the child support compliance requirement can be met by an in- compliance child support case with the Child Care Enforcement Division, a court-file and judge-signed parenting plan, or approved good cause. b. [x] Eligibility redetermination? If checked, describe: The family must meet a child support compliance requirement for any child under the age of 18. If a child in the household with has an absent parent, the child support compliance requirement can be met by an in- compliance child support case with the Child Care Enforcement Division, a court-file and judge-signed parenting plan, or approved good cause. 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: Applicants may have an interview either in person or by telephone during the initial application period. Applicants may include photo identification documents: government issued identification, passport, Montana driver's license, or a school identification card. If the family receives Supplemental Nutrition Assistance Program (SNAP) benefits, the verification can be obtained from the Lead Agency Eligibility Database. Documentation of what was used to determine the applicant's identity is included in case notes in the database. Paper or electronic documents are kept at the scholarship contractor agency that maintains the confidential files for the applicant. At annual re- determination, information already on file does not need to be resubmitted. Required at Initial Determination Required at Redetermination Description [x] [x] Applicant’s relationship to the child. Describe how you verify: The applicant’s relationship to the child can be determined from a variety of documentation: 1) Birth Certificates; 2) Legal or court documentation; 3) Child and Family Services documentation; 4) Verification from the Combined Healthcare Information and Montana Eligibility System (CHIMES) if the family is on the Supplemental Nutrition Assistance Program (SNAP) benefits; or 5) Other Documentation. Documentation of what was used to determine the applicant’s relationship to the child is included in case notes in the computer database. Electronic or paper documents are kept at the scholarship contractor agency that maintains the confidential files for the applicant. At annual re- determination, information already on file does not need to be resubmitted. [x] [x] Child’s information for determining eligibility (e.g., identity, age, citizen/immigration status). Describe how you verify: Children receiving child care assistance must be US citizens or US nationals. A variety of documentation may be used to determine this: 1) Birth certificates or passports; 2) A Social Security card (optional); 3) Verification from the Eligibility Database if the family is on SNAP benefits; or 4) Other documentation. Documentation used to determine the child's eligibility is included in case notes in the database. Paper or electronic documents are kept at the scholarship contractor agency that maintains the confidential files for the applicant. The information is required at initial application, but then it is kept in the confidential file at the scholarship contractor agency. At annual re-determination, information already on file does not need to be resubmitted. [x] [x] Work. Describe how you verify: Applicants complete a Work Verification Form signed by the employer at the time of initial application, annual redetermination, or with a job change. A parent may choose to submit paystubs if the Work Verification is not an accurate representation of their current work. Self-employment is initially verified through a self-statement attestation which is a self-employment form filled out by the applicant. Self-employment income is verified through tax returns or receipts of income and expenses. Documentation used to determine the parent's work activity requirement is included in case notes in the computer database. Required at Initial Determination Required at Redetermination Description [x] [x] Job training or educational program. Describe how you verify: Applicants must submit receipt of fees paid and number of credits enrolled to prove the attendance of school. Documentation of what was used to determine the job training or education program is included in case notes in the database. Paper or electronic documents are kept at the scholarship contractor agency that maintains the confidential files for the applicant. The information is required at annual re-determination, a new receipt of fees paid and number of credits enrolled will be required. [x] [x] Family income. Describe how you verify: Work income is determined using a Work Verification Form or paystubs. Self- employed applicants must meet Federal minimum wage requirements to qualify for childcare assistance. Self- employed individuals need to provide written documentation verifying their self-employment status at the time of application. Documentation used to determine the family income is included in case notes in the database. Paper or electronic documents are kept at the scholarship contractor agency that maintains the confidential files for the applicant. The information is required at initial application, but then it is kept in the confidential file at the scholarship contractor agency. At annual re-determination, new income documentation will be required. [x] [x] Household composition. Describe how you verify: Submitted applications are used to determine the household composition. Documentation used to determine the household composition is included in case notes in the database. Paper or electronic documents are kept at the scholarship contractor agency that maintains the confidential files for the applicant. The information is required at initial application and annual re-determination. Required at Initial Determination Required at Redetermination Description [x] [x] Applicant residence. Describe how you verify: Applicants submit proof of residency such as a rental agreement, utility bill, or current Montana Driver's License. Documentation used to determine the applicant's residency is included in case notes in the database. Paper or electronic documents are kept at scholarship contractor agency that maintains the confidential files for the applicant. The information is required at initial application, but then it is kept in the confidential file at the scholarship contractor agency. At annual re-determination, information already on file does not need to be submitted again. [ ] [ ] 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 Department of Public Health and Human Services. b. Provide the following definitions established by the TANF agency: i. “Appropriate child care”: The child care provider meets applicable state standards. ii. “Reasonable distance”: If the family is without either their own (or arranged) transportation, and there is no public transportation, then their home or work site must be no more than 1 mile from the childcare provider. iii. “Unsuitability of informal child care”: Care that does not meet applicable state licensing standards, although it may be the family's choice. iv. “Affordable child care arrangements”: The total parental (caretaker relative or person acting in loco parentis) co-payment and "above and beyond" obligation does not exceed 25% of gross family income. c. How are parents who receive TANF benefits informed about the exception to the individual penalties associated with the TANF work requirements? i. [ ] In writing ii. [x] Verbally iii. [ ] Other. Describe: