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REV. JUNE 28, 2011 NEBRASKA DEPARTMENT OF CCS PROGRAM MANUAL LETTER # 53-2011 HEALTH AND HUMAN SERVICES 392 NAC 3-001.02

3-001.02 Parents with Shared Custody: If parents are separated, divorced, or unmarried but have shared custody of a child, both parents may be eligible for Child Care Subsidy. Eligibility is based on the income of the parent with whom the child is residing at the time and any child support or other financial assistance from the other parent.

3-001.03 No Child in the Home: If the family's only child is in out-of-home care, the child may be included in the family size when the plan is for the child's return to the home. 3-001.04 Parent's Temporary Absence: If a parent is temporarily absent (90 days or less) because of employment, training, or illness, a substitute caretaker may receive Child Care Subsidy using the parent's income eligibility. The substitute caretaker must meet the needs criteria, i.e., be employed, in training, or incapacitated. If the parent is absent for more than 90 days, the worker needs to determine eligibility based on the substitute caretaker's situation and income. 3-002 Social Security Number: A Social Security number is not required as a condition of eligibility for Child Care Subsidy but the worker will request one and the client may voluntarily provide it. Child Care Subsidy must not be denied because of an individual’s refusal to disclose his or her SSN. 3-003 Citizenship and Alien Status: In order to receive Child Care Subsidy, a child must be a citizen of the United States or a qualified alien. The following are qualified aliens: 1. An alien lawfully admitted for permanent residence under the Immigration and Nationality Act (INA) (see 392-000-301); 2. An alien who has been granted asylum under Section 208 of INA; 3. A refugee who has been admitted to the United States under Section 207 of INA; 4. An alien who is paroled into the United States under Section 212(d)(5) of INA; 5. An alien whose deportation is being withheld under Section 243(h) of INA; 6. An alien who has been granted conditional entry pursuant to Section 203(a)(7) of INA; 7. An alien who is a Cuban or Haitian entrant (as defined in Section 501(e) of the Refugee Education Assistance Act of 1980; or 8. An alien child who has been battered or subjected to extreme cruelty in the U.S. by a parent or by a member of the parent’s family who is residing in the same household as the immigrant. The child or children of a battered immigrant are also eligible. Any individual who is born in the United States is considered a U.S. citizen. This includes children whose parents are not U.S. citizens, such as undocumented alien parents, parents with student visas, or parents with lawful temporary residence status.