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: ECECD defines physical and/or mental incapacity as a child in need of Special Supervision which is defined as children between the ages of 13 and 18 who are under the supervision of a court of law, or who are determined by a medical or treatment professional to require 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”: ECECD defines "residing with" as living in a household which provides shelter and care for a child during the non-working hours of the child’s parent(s) or legal guardian(s). ii. “in loco parentis”: ECECD defines "in loco parents" as a blood relative or legal guardian who has taken custody/guardianship of children. 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. [x] Other. Describe: ECECD includes teleworking in its ￿working￿ definition. 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. [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? [x] No. [ ] Yes. If yes, describe any Lead Agency-imposed minimum requirement for the following: [ ] Work. Describe: [ ] Job training. Describe: [ ] Education. Describe: [ ] 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? [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. [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. [x] Other. Describe: Families who are experiencing other risks or barriers that indicate they may need additional supports and case management may be determined at-risk at the discretion of ECECD. 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 0.00 0.00 0.00 2 4639.47 146.86 6813.33 3 5731.11 150.17 8606.67 4 6822.75 152.43 10400.00 5 7914.39 154.07 12193.33 ii. 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. [x] 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. [ ] Disability or unemployment compensation. iii. [x] Workers’ compensation. iv. [ ] 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: In addition to the above, ECECD defines the following as ￿income￿: self-employment; alimony payments; veterans administration (VA) payments except any VA payments made on behalf of the child(ren) and VA benefits for educational purposes or for disability; royalties; income from rental property; social security benefits except supplemental security income (SSI), social security disability insurance (SSDI), and social security benefits received by household children. 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: 2024 [ ] Other. Describe: f. Provide the direct URL/website link, if available, for the income eligibility limits. https://www.nmececd.org/child-care-assistance/#library 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 The household’s gross monthly or annual average countable earned and unearned income, taking into account any fluctuation(s) of earnings is reviewed and will always be calculated in favor of eligibility. Current income provided to determine eligibility shall be used as an indicator of the income that is and shall be available to the household during the certification period. Fluctuation(s) of earnings may also be taken into account. When income is received on a weekly, biweekly, or semimonthly basis, the income shall be converted to monthly by averaging the income provided and multiplied by the appropriate conversion factors. If reviewed annually, clients may provide documentation to review annual income such as current w-2's, federal income taxes, and other documentation. 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: As part of its definition of "household income" the ECECD considers the household's gross monthly or annual average countable earned and unearned income, taking into account any fluctuation(s) of earnings, and will always be calculated in favor of eligibility. Fluctuation of earnings is inconsistent or variable income throughout the year. To calculate fluctuation of earning the department may average family earnings over a period of time (e.g., 12 months) or choose to discount temporary increases in income provided that a family demonstrates an isolated increase in pay (e.g., short-term overtime). 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. [ ] 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] [ ] Applicant identity. Describe how you verify: Examples of acceptable documentation or information include current or expired government issued photo identification/passport, school photo identification, government issued immigration document with photo, or employer identification with photo. [x] [ ] Applicant’s relationship to the child. Describe how you verify: Examples of acceptable documentation or information include a birth certificate or other hospital record, or paternity papers. The ECECD may verify this information from the New Mexico Human Services Department (HSD) database, if applicant is receiving benefits from HSD. To establish custody, ECECD requires a durable power of attorney, court order, or notarized statement. [x] [ ] Child’s information for determining eligibility (e.g., identity, age, citizen/immigration status). Describe how you verify: Examples of acceptable documentation or information include a United States birth certificate, military identification, passport, naturalization certificate, permanent resident card, Numident (from social security office), refugee/asylee letter from United States secretary of state or from homeland security, any document from immigration and naturalization services (INS), department of homeland security (DHS), or other authoritative document showing a child's immigration status that qualifies the child for assistance. ECECD may verify this information from the New Mexico Human Services Department (HSD) database, if applicant is receiving benefits from HSD. Required at Initial Determination Required at Redetermination Description [x] [x] Work. Describe how you verify: Examples of acceptable documentation or information include paystubs; employer statement/verification of work form; client statement, if earning wages from various odd jobs/day labor; employer contract/work agreement; payroll/gross wage history. For self-employment individuals: income tax return, profit and loss statement, or common reporting standard (CRS) statement from New Mexico taxation and revenue department. Or participation in the TANF program. ECECD may, in its discretion, exempt a client or applicant from the work/education requirement upon submission of a demonstration of incapacity. Demonstration of incapacity means written documentation that an individual is unable to fulfill an eligibility requirement, such as work, school, or the ability to provide childcare, and should otherwise be excluded, in whole or in part, from eligibility determination. Written documentation of incapacity includes, but is not limited to: statements or letters on a physician's/medical professional's/treatment provider's letterhead stationery; statements, records or letters from a federal government agency that issues or provides disability benefits; statements, records or letters from a state vocational rehabilitation agency counselor; records or letters from a treatment facility/counselor; certification from a private vocational rehabilitation or other counselor that issues or provides disability benefits. Required at Initial Determination Required at Redetermination Description [x] [x] Job training or educational program. Describe how you verify: Examples of acceptable documentation or information include proof of school schedule; statement from educational institution or job training program; or participation in the TANF program. ECECD may, in its discretion, exempt a client or applicant from the work/education requirement upon submission of a demonstration of incapacity. Demonstration of incapacity means written documentation that an individual is unable to fulfill an eligibility requirement, such as work, school, or the ability to provide childcare, and should otherwise be excluded, in whole or in part, from eligibility determination. Written documentation of incapacity includes, but is not limited to: statements or letters on a physician's/medical professional's/treatment provider's letterhead stationery; statements, records or letters from a federal government agency that issues or provides disability benefits; statements, records or letters from a state vocational rehabilitation agency counselor; records or letters from a treatment facility/counselor; certification from a private vocational rehabilitation or other counselor that issues or provides disability benefits. [x] [x] Family income. Describe how you verify: Examples of acceptable documentation or information include proof of earned or unearned income: current paystubs, statement from employer, payroll history, self-employment information, divorce decree, worker's compensation stubs, retirement and pension documentation, rental income information, or Social Security benefits. The ECECD may verify this information from the New Mexico Human Services Department (HSD) database, if applicant is receiving benefits from HSD, and New Mexico Workforce Solution. Required at Initial Determination Required at Redetermination Description [x] [ ] Household composition. Describe how you verify: Application requires disclosure of all household members counted in the household composition. The household includes biological parents, stepparents, legal guardians of the child(ren) for whom child care assistance is sought, and any legal dependents of the aforementioned, living in the household, thereby constituting an economic unit. Grandparents who are not legal guardians living in the household are counted as members of the household, but their earned and unearned income is excluded from the eligibility calculations. Periods of absences: A household member may be absent from the home and will be considered as living in the home and be counted in the household composition as long as the absent household member plans to return to the home. Any parent or legal guardian who remains in the home must be working, attending school, or participating in a job training or educational program. Temporary absences include, but are not limited to, attending school, working, training, medical or other treatment, or military service. [x] [ ] Applicant residence. Describe how you verify: Examples of acceptable documentation or information include a lease/rental agreement; utility bill; mortgage receipt; written statement from person applicant is residing with; current New Mexico driver’s license; statement from landlord; or other records that provide a name and address. ECECD may verify this information from the New Mexico Human Services Department (HSD) database, if applicant is receiving benefits from HSD. [ ] [ ] 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: New Mexico Human Services Department. b. Provide the following definitions established by the TANF agency: i. “Appropriate child care”: The TANF agency defines "appropriate child care" as child care that is provided by a facility or an individual that is licensed or registered with ECECD, provides care and supervision to a child, meets the health and safety standards established by ECECD, is able to address the special needs of a child, provides care that meets the child's age and development, and is available during the recipients hours of work, education or training. ii. “Reasonable distance”: The TANF agency defines "reasonable distance" as travel to a facility located in the community or surrounding community in which the TANF recipient resides, which takes into account parental or caretaker choice and availability of transportation. iii. “Unsuitability of informal child care”: The TANF agency defines informal child care that is deemed to be unsuitable based on the ECECD determination that the care and supervision does not meet the minimum health and safety standards established by ECECD. iv. “Affordable child care arrangements”: The TANF agency defines ￿affordable child care arrangements￿ as services that are subsidized by ECECD, or those arrangements that are not subsidized and are made directly with a facility or an individual by the parent or caretaker, taking into account parental or caretaker choice. 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. [x] Other. Describe: The New Mexico Human Services Department, which administers the TANF program, notifies program participants of work requirements and responsibilities. Participants are also kept informed by the NM Works contractor.