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: Child Care Services defines mental or physical incapacity as a child who is physically or mentally incapable of caring for him or herself or is 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 a particular household the majority of the time, in any given month. ii. “in loco parentis”: An individual 18 years of age or older who is neither the child's parent or guardian nor residing with the child's parent or guardian and has parental control of the child. 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. [ ] 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. [ ] English as a Second Language training. iv. [ ] Adult Basic Education preparation. v. [x] 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. [x] Other. Describe: Any type of job training that is full or part-time and is at least 80 hours per month for non-TANF families. TANF families are required to meet the training requirements set forth by the respective agency. 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. [x] Other. Describe: Other school activities required for completion of the program including but not limited to student teaching, clinicals, practicum, lab time are considered. 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: Employed a minimum of 80 hours per month with a salary equivalent to the federal minimum wage per hour or meeting TANF work requirements. [x] Job training. Describe: Any type of job training that is at least 80 hours per month for non-TANF families. [x] Education. Describe: Any type of formal education program, at least 80 hours per month for non-TANF families. If a TANF family or non-TANF family meets the work requirements and would like assistance for attendance at school, child care benefits will be provided. The work requirement for non-TANF families is waived for students enrolled in and physically attending a program of study or training leading to a G.E.D., or a high school diploma. If in school only, client must be attending 80 hours of actual class time a month. [x] Combination of allowable activities. Describe: If in school only, client must be attending 80 hours of actual class time a month. If the client is working and attending school, the combination of actual work and school hours must be a minimum of 80 hours a month. [x] Other. Describe: If attending a college, university, or technical collage a minimum of 12 semester credit hours, the recipient is meeting the minimum program requirements. 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: Protective Services is defined as services provided under a court order and which enable a child, who is alleged or adjudicated to be abused or neglected to remain in the recipient’s home or in the home of another relative, or suitable person under the supervision and assistance of the court, the Department of Social Services, or another agency designated or in need of Temporary services provided, as approved or recommended by the department of social services without an order of the court. 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 4818.00 57.70 2780.00 2 6300.00 59.80 3769.00 3 7783.00 61.10 4758.00 4 9265.00 62.00 5748.00 5 10748.00 62.60 6737.00 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. [ ] Disability or unemployment compensation. iii. [ ] 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. [x] Inheritance. ix. [ ] Public assistance. x. [ ] Other. Describe: d. What is the effective date for these income eligibility limits? 03/01/2026 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: 2026 [ ] Other. Describe: f. Provide the direct URL/website link, if available, for the income eligibility limits. https://dss.sd.gov/childcare/childcareassistance/eligible.aspx 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 up to 12 months 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. [ ] 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: When an application for assistance is received by CCS it is reviewed and processed on a case-by-case basis for those who are not receiving other assistance and are using approved providers. The asset limit is waived for families caring for children in the custody of the State of South Dakota Child Protection Services or the custody of a Tribal Child Protection agency. As well as children determined to be in need of protective services who may reside in a placement with a relative caretaker or in a host placement through a family service agency. 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: CCS requires parents to cooperate with the Division of Child Support in opening and maintaining an active enforcement case for all children in the home as a condition of eligibility for assistance. Good cause reasons are acknowledged. b. [x] Eligibility redetermination? If checked, describe: The same conditions apply at redetermination as an initial eligibility determination. The only exception is for a family reapplying, whose income now exceeds the first-tier eligibility limit who will be considered to receive the 12-month graduated phase out so long as their income does not exceed 85% State Median Income. 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: Applicant self- declares their identity at the time of initial application and that is verified through access to other Department of Social Services programs such as SNAP, Medical assistance or TANF program and Division of Child Support. If no verifiable information is available, the applicant is required to provide additional verifications such as a birth certificate, Social Security card, driver license or identification card. Required at Initial Determination Required at Redetermination Description [x] [x] Applicant’s relationship to the child. Describe how you verify: Applicant self-declare their relationship to the child on each application and that is verified through access to other services provided by the Department of Social Services. If no verifiable information is available at the time of initial application, the applicant is required to provide additional verifications such as a birth certificate or a court document. [x] [x] Child’s information for determining eligibility (e.g., identity, age, citizen/immigration status). Describe how you verify: At initial application, the child's information for determining eligibility is self-declared by the applicant and verified through access to other Department of Social Services programs such as SNAP, Medicaid, TANF, and Child Support. If no verifiable information is available, the applicant is required to provide additional verifications for the children such as a birth certificate or a court document. Copies of immigration documents for all resident alien children are required. [x] [x] Work. Describe how you verify: Paystubs, a wage verification completed by the employer, or in self- employment situations a tax return is required to verify work or job training. This is required at eligibility determination and redetermination. [x] [x] Job training or educational program. Describe how you verify: An official copy of the recipient's school schedule is required to verify an educational program. Job training is verified through the agency providing the training. This is required at eligibility determination and redetermination [x] [x] Family income. Describe how you verify: Copies of pay stubs, tax returns, wage verifications and child support received or paid out are required to verify income. If other unearned countable income sources exist verification is required. This is required at eligibility determination and redetermination. [x] [x] Household composition. Describe how you verify: Applicant self-declare household composition on the application and is verified through access to other Department of Social Services programs such as SNAP,TANF, or Medical assistance programs and Division of Child Support. Required at Initial Determination Required at Redetermination Description [x] [x] Applicant residence. Describe how you verify: Applicant self-declares residency on the application and is verified through employer information or through access to other Department of Social Services programs such as SNAP, TANF, or Medical assistance programs and Division of Child Support. [ ] [ ] Other. Describe how you verify: NA 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 Social Services, Division of Economic Assistance houses the TANF program that establishes criteria or definitions. b. Provide the following definitions established by the TANF agency: i. “Appropriate child care”: Appropriate child care is defined as the provision of care that meets minimal health hand safety standards and the developmental needs of children. ii. “Reasonable distance”: The child care provider is located in close enough proximity to the parent home or workplace to allow children to be transported without risk of harm. iii. “Unsuitability of informal child care”: The provision of informal care is determined unsuitable when the health and safety or developmental needs of children are at risk. iv. “Affordable child care arrangements”: Affordable child care arrangements ensure equal access can be maintained without undue financial hardship to the family. 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. [x] Other. Describe: When the parent meets with their employment specialist, an assessment is completed with the recipient to identify any barriers to employment such as child care. A Personal Responsibility Plan is then developed with the recipient, focusing on steps to address barriers, focus on goals and attain gainful employment. A Personal Responsibility Agreement is also completed at this time. The Agreement addresses the Rights and Responsibilities of both the employment specialist and the recipient and penalties for failing to comply with the Personal Responsibility Plan, as well as what constitutes good cause for not following through on the Personal Responsibility Plan. These good cause reasons are cited in Administrative rule of South Dakota ARSD 67:10:06:25 and reads as follows: "The department may determine that good cause exists for an individual's noncompliance with the personal responsibility agreement or the personal responsibility plan if any of the following situations occur: (1) The individual is a single custodial parent caring for a child under six years of age and is able to prove the unavailability of child care because of distance; the unavailability or unsuitability of child care by a relative; or the unavailability of appropriate and affordable childcare."