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 fitness means that an individual is fit for employment and does not suffer from any disability which would prevent his/her being gainfully employed. (A) A child with a disability, as defined in Section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401); (B) A child who is eligible for early intervention services under Part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.); (C) A child who is less than 13 years of age and who is eligible for services under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); and (D) A child with a disability, as defined by the State. 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”: The Lead Agency uses the TANF definition to be eligible to receive child care benefits. A child must live in a place of residence maintained by a specified relative (within the fifth (5th) degree) as his or her home and the home of the child. This same individual must have care and control of the child. A relative is considered to have care and control of a child when he/she has the major responsibility for such parental obligations as day-to-day care, support, supervision, and guidance for the child. The Lead Agency also utilizes the non- TANF definition, which provides as follows: In order for a child to be eligible to receive child care benefits they must be residing with a parent/guardian that meets the following criteria: a biological or adoptive parent, relative, or individual with legal custody to the child who: provides a home for the child; exercises primary responsibility for care/control; is responsible for providing financial support; and is included in the household unit. ii. “in loco parentis”: The Lead Agency uses the TANF definition of in loco parentis: A caretaker within the fifth (5th) degree of relationship to be eligible for assistance. 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. [x] Time for meals or breaks. vi. [x] Time for travel. vii. [x] Seeking employment or job search. viii. [x] Other. Describe: See response at 2.2.2.d. 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. [x] Other. Describe: See response at 2.2.2.d. 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. [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. [ ] Applicable meal and break times. xi. [x] Other. Describe: See response at 2.2.2.d. 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: The Lead Agency CCDF Program definition of ￿working￿ aligns with Families First, the State’s TANF Program. For individuals receiving TANF cash assistance, any TANF-countable activity per the State’s Work Verification Plan qualifies as ￿work￿ for the purposes of receiving child care payment assistance. The requirement consists of 30 hours per week, including a minimum of 20 hours in Core Activities and 10 hours per week in Core or Non-Core Activities. For individuals receiving non-TANF child care payment assistance, the parent/guardian must meet at least one (1) of the following work and/or education activities: Be employed no less than an average of 30 hours per week, enrolled in a post- secondary education activity combined with employment, or enrolled in a full- time post-secondary education program. • Parent/Guardian enrolled in post-secondary education programs must maintain a full-time student status based on the definition of full-time status by the educational institution. • Parent/Guardian enrolled in graduate programs may count up to six (6) hours per week toward the work requirement, with verification from the institution. An additional hour for each course up to two (2) hours maximum can be counted as study time for a combined maximum of eight (8) hours per week. • For one-parent and two-parent households claiming a combination of education and employment may count one (1) study hour for every one (1) credit hour of part-time education. The combination of educational activity hours and employment hours must meet an average of 30 hours per week. Study hours are not counted if the parent is enrolled in full-time education. In a two-parent household, both parents must meet one (1) of the following criteria: • Both parents employed at least 30 average hours per week. • Both parents must be enrolled in full-time education programming. • One (1) parent employed at least an average of 30 hours per week with the second parent attending a post-secondary education program full-time. • Both parents must participate in one of the other activities full-time or a combination of both activities equal to an average of 30 hours per week. Part-Year employees who are paid on a 12-month basis but only actually work for 10 months of a year are not required to have a full-time activity during their ￿off￿ months to continue receiving child care payment assistance during those off months. The Lead Agency’s policy also applies to those who work 10 months and are paid on a 10-month basis, e.g., school systems, Head Start programs, etc. In a two-parent household when one (1) parent/guardian is disabled and unable to meet the needs of a child, one (1) parent/guardian is required to be employed at least 30 average hour per week. Teen parents between the ages of 13 and 19 years of age must be enrolled in or attending middle, high school, or an equivalent thereof, including virtual school or accredited and/or district-approved internet courses. [x] Job training. Describe: See response at 2.2.2.d. [x] Education. Describe: See response at 2.2.2.d. [x] Combination of allowable activities. Describe: See response at 2.2.2.d. [ ] 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. [x] 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 Tennessee Department of Children’s Services (TDCS), the state child welfare agency, determines eligibility for children in protective custody and the Lead Agency functions as the point of entry for children in protective services to receive child care services. The Lead Agency funds child care payment assistance for children in state custody. The Lead Agency funds direct child care services for families through its Re-Employment Services and Eligibility Assessment (RESEA) protective services category of care for families referred by the Tennessee Department of Labor and Workforce Development (TDLWD) that are unemployed and actively engaged in job search activities. The Lead Agency funds direct child care services as a protective services category for families participating in licensed mental health/substance abuse and related programs with the Tennessee Department of Mental Health and Substance Abuse Services (TDMHSAS). 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 Family Size 100% of SMI ($/Month) Maximum Initial Eligibility Limit (or Threshold) % Maximum Initial Eligibility Limit (or Threshold) $ 2 5575.00 85.00 4738.00 3 6886.00 85.00 5853.00 4 8198.00 85.00 6968.00 5 9510.00 85.00 8083.00 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 Family Size 100% of SMI ($/Month) Maximum Initial Eligibility Limit (or Threshold) % Maximum Initial Eligibility Limit (or Threshold) $ 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. [ ] Spousal support, child support. v. [ ] Survivor and retirement benefits. vi. [ ] Rent for room within the family’s residence. vii. [ ] Pensions or annuities. viii. [ ] Inheritance. ix. [ ] Public assistance. x. [ ] Other. Describe: d. What is the effective date for these income eligibility limits? October 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://www.tn.gov/humanservices/for-families/child-care-services/child-care-payment- assistance.html 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 Eight (8) weeks. 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: Regular overtime or seasonal income: Regular income may fluctuate from month to month due to overtime occurring on a regular basis. To produce a representative income, the Lead Agency averages income statements for the previous two-month period (8 weeks) consistent with the TANF Program. Farm and non-farm self-employment income: Income from farm and non-farm self-employment are typically received on an annual basis to calculate an average monthly income. Part-Year employment Income: Some individuals have regular employment during certain months of the year, e.g., employees of school systems, Head Start, etc.. These part-year employees paid on a 12-month basis but only actually work for 10 months of the year. Income from part-year employment is used to calculate an average monthly income. Predicting income not yet received: It may be necessary for the Lead Agency to estimate income when employment has just begun and eight (8) weeks of pay stubs are not available to determine eligibility. The Lead agency will accept an employer’s typed statement on company letterhead with the employer’s or human resources representative’s signature(s) describing the client’s position, wages, and hours. 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: Children and families eligible for categories of care identified as protective services are not evaluated for income or assets. 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: Acceptable forms of identification to verify identity, citizenship, and relationships include: birth certificate, Certificate of U.S. Citizenship, Certification of Birth Abroad to a U.S. Citizen, family Bible record, hospital birth record, U.S. Citizen identification (ID) card, court order, declaration of emancipation, DD-214 document or military ID, Driver’s License, establishment of refugee/asylum seeker, I-94 Card, Marriage Certificate, military letter or record, Passport, Permanent Resident ID Card, State-issued ID, U.S. Passport, voluntary acknowledgement of paternity, Tennessee Voter Registration Card, or Tennessee Vital Records Information System Management (VRISM). Verification documentation is not required at redetermination for existing children and families receiving care. [x] [ ] Applicant’s relationship to the child. Describe how you verify: For TANF the applicant's relationship to the child is verified at initial determination. Acceptable forms of identification to verify identity, citizenship, and relationships include: birth certificate, Certificate of U.S. Citizenship, Certification of Birth Abroad to a U.S. Citizen, family Bible record, hospital birth record, U.S. Citizen identification (ID) card, court order, declaration of emancipation, DD-214 document or military ID, Driver’s License, establishment of refugee/asylum seeker, I-94 Card, Marriage Certificate, military letter or record, Passport, Permanent Resident ID Card, State-issued ID, U.S. Passport, voluntary acknowledgement of paternity, Tennessee Voter Registration Card, or Tennessee Vital Records Information System Management (VRISM). Verification documentation is not required at redetermination for existing children and families receiving care. Required at Initial Determination Required at Redetermination Description [x] [ ] Child’s information for determining eligibility (e.g., identity, age, citizen/immigration status). Describe how you verify: Acceptable forms of identification to verify identity, citizenship, and relationships include: birth certificate, Certificate of U.S. Citizenship, Certification of Birth Abroad to a U.S. Citizen, family Bible record, hospital birth record, U.S. Citizen identification (ID) card, court order, declaration of emancipation, DD-214 document or military ID, Driver’s License, establishment of refugee/asylum seeker, I-94 Card, Marriage Certificate, military letter or record, Passport, Permanent Resident ID Card, State-issued ID, U.S. Passport, voluntary acknowledgement of paternity, Tennessee Voter Registration Card, or Tennessee Vital Records Information System Management (VRISM). Verification documentation is not required at redetermination for existing children and families receiving care. [x] [x] Work. Describe how you verify: Income verification based upon check stubs or employer statement or tax documents. [x] [x] Job training or educational program. Describe how you verify: The Lead Agency requires that job training or educational status be verified by a written statement from an educational or vocational institution or with a current class schedule per semester/quarter through which registration and attendance must be verified. [x] [x] Family income. Describe how you verify: For eligibility under the routine child care payment assistance program, income is verified by the Lead Agency every 12 months with current information in the Family Assistance database or through client-provided verification, or through collateral contacts. [x] [ ] Household composition. Describe how you verify: The following documents may be used by the Lead Agency to verify relationships, whether legal or alleged and for ages of persons: Adoption/legitimation orders, court orders, notarized statements, school records, Social Security Administration award letters, physician statements, family Bible records, birth certificates (original or copies), hospital birth records, juvenile or other court orders, social service agency records, military records, marriage certificate, or TANF eligibility documents. Verification documentation is not required at redetermination for existing children and families receiving care. Required at Initial Determination Required at Redetermination Description [x] [x] Applicant residence. Describe how you verify: The Lead Agency verifies residence using rent/lease agreements, mortgage receipts, utility bills, or identification. [ ] [ ] 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 TANF agency is under the direction of the Lead Agency, the Tennessee Department of Human Services. b. Provide the following definitions established by the TANF agency: i. “Appropriate child care”: State licensed child care or approved unregulated (unlicensed) child care that meets the need of the child. ii. “Reasonable distance”: The distance range as determined on a case-by-case basis that is deemed to not cause any additional barrier/burden to the customer. iii. “Unsuitability of informal child care”: Informal child care or "unregulated" child care providers must comply with a health and safety check list and must provide information regarding their criminal background. Certain crimes such as those involving children, violence against another person, or those that are drug related will disqualify a prospective provider. Registers that can be accessed without a fee are checked, such as the Sex Offender Registry. iv. “Affordable child care arrangements”: Affordable arrangements are determined by the parent's ability to pay for child care available in their area. Parents/caretakers who are unable to locate and/or pay for care will not be penalized for their inability to perform required work activities due to lack of child care. 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. [ ] Other. Describe: