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: The definition of physical or mental incapacity includes children who are physically or mentally incapable of self-care, as determined by an approved licensed professional, doctor or approved agency. 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 defines "residing with," as children who must live in the same household as the parent during the time period child care services are requested. ii. “in loco parentis”: "In loco parentis" refers to specified relatives. Specified relatives are defined as: grandparent, brother or sister (including step, half, or adopted), aunt or uncle, first cousin, nephew or niece, and people of prior generations as designated by the prefix grand, great, or great-great, spouses, any relatives mentioned above even if the marriage has been terminated, and ex-step parents. Specified relatives may be eligible to receive child care payments when the child lives with the specified relative and the parent is not in the same home. An unrelated adult who has legal custody of the child is treated the same as a parent. 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. [x] English as a Second Language training. iv. [x] Adult Basic Education preparation. v. [ ] Participation in employment service activities. vi. [x] Time for meals and breaks. vii. [ ] 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. [x] Other. Describe: Most educational activities are time-limited to 24 months. College degrees are limited to 24 months or the last two years of a Bachelor's degree. 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: Single parents must work an average of 15 hours per week. In a two-parent household, one parent must work an average 15 hours per week, while the other parent must work an average of 30 hours per week. [ ] 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? [ ] Yes. [x] No. If no, describe the additional work requirements: Single parents must work an average of 15 hours per week. In a two-parent household, one parent must work an average 15 hours per week while the other parent must work an average of 30 hours per week. The work requirements may be waived in the following situations only: (1) The customer is enrolled in a formal program and working towards completion of a high school diploma or GED; or (2) The customer is enrolled in an educational program funded through the Lead Agency. 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. [x] 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: Children of teen parents 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? [x] No. [ ] 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? [x] No. [ ] 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 2 6321.00 85.00 5373.00 3 7809.00 85.00 6637.00 4 9296.00 85.00 7902.00 5 10784.00 85.00 9166.00 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 Family Size 100% of SMI ($/Month) Maximum Initial Eligibility Limit (or Threshold) % Maximum Initial Eligibility Limit (or Threshold) $ 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. [x] Disability or unemployment compensation. iii. [x] 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. [x] Other. Describe: Earned income is income in cash or in-kind for which a person performs a service. Unearned income includes any payment received by a customer for which the customer performs no service. The Lead Agency determines what income is countable and excluded. d. What is the effective date for these income eligibility limits? 10/01/2024 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://jobs.utah.gov/occ/provider/subsidy.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 When averaging, the time period should take into account a representative period of time to reflect the current or anticipated situation. A minimum of the past 30 days of income up to the date of application or review may be used to average earnings for an ongoing job. For self-employment, a minimum of three months of business records is required to establish a best estimate of income. 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: Annualizing and anticipating are other methods that may be used to obtain a best estimate of income. Quarterly wage data is also accepted, if available and reflective of ongoing income. 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: A customer must choose an eligible provider and establish weekly hours needed for child care. The provider must report the start date of care. b. [x] Eligibility redetermination? If checked, describe: The customer is asked to confirm their choice of provider and weekly hours of need. Verification of start date with an eligible provider is required any time a change in providers is reported. 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: At application, the Lead Agency documents and verifies the applicant's identity using an electronic interface. The Lead Agency requires the applicant to provide other forms of verification such as a driver's license or birth certificate if the identity is questionable. All documentation is maintained electronically through secure eligibility systems or databases. Verifications submitted by applicants are scanned and stored in an electronic imaging system. [x] [ ] Applicant’s relationship to the child. Describe how you verify: At application, the Lead Agency documents and verifies the applicant's relationship to the child(ren) through a Vital Statistics interface, if the relationship is questionable. Verification of relationship by the parent is not required. Parents self-certify that they are the child's parent. Acceptable verification of relationship for specified relatives includes Vital Statistics Records, birth certificates and marriage certificates. Court documents are accepted to establish legal guardianship for non-related individuals. At application, all documentation is maintained electronically through secure eligibility systems or databases. Verifications submitted by applicants are scanned and stored in an electronic imaging system. [x] [ ] Child’s information for determining eligibility (e.g., identity, age, citizen/immigration status). Describe how you verify: At application, the Lead Agency may document and verify the citizenship and age of the child through a variety of sources including a Vital Statistics interface, birth certificate, Social Security interface or other valid documents including hospital records, naturalization records and adoption records. Immigration status may be verified with an Alien Registration Card or other U.S. Citizenship and Immigration Services documentation along with a verification check through the electronic Systematic Alien Verification for Entitlements (SAVE) system. Citizenship or immigration status may be verified at review if a change is reported. All documentation is maintained electronically through secure eligibility systems or databases. Verifications submitted by applicants are scanned and stored in an electronic imaging system. Required at Initial Determination Required at Redetermination Description [x] [x] Work. Describe how you verify: The Lead Agency may document and verify work through various sources including employer statements, check stubs, electronic verification through the Work Number and quarterly wage data, and work schedules. All documentation is maintained electronically through secure eligibility systems or databases. Verifications submitted by applicants are scanned and stored in an electronic imaging system. [x] [x] Job training or educational program. Describe how you verify: The Lead Agency documents and verifies training or education programs through school schedules, course of study and estimated date of graduation. All documentation is maintained electronically through secure eligibility systems or databases. Verifications submitted by applicants are scanned and stored in an electronic imaging system. [x] [x] Family income. Describe how you verify: The Lead Agency documents and verifies income through employer and bank statements, customer statement of cash contributions, electronic verification through the Office of Recovery Services, check stubs and self-employment ledgers. All documentation is maintained electronically through secure eligibility systems or databases and is verified at application and review. Income may include wages, unearned income such as child support, Social Security and unemployment insurance, among other income specified in Utah. [x] [x] Household composition. Describe how you verify: Household composition is only verified if questionable. Landlord statements and collateral contacts may be accepted. All documentation is maintained electronically through secure eligibility systems or databases. Verifications submitted by applicants are scanned and stored in an electronic imaging system. Customers must report within 10 days when a child receiving child care moves out of the home. Required at Initial Determination Required at Redetermination Description [x] [x] Applicant residence. Describe how you verify: The applicant self-certifies they are a resident of Utah. Any documentation or collateral contact that reasonably establishes the applicant's residence is accepted. All Utah documentation is maintained electronically through secure eligibility systems or databases. Verifications submitted by applicants are scanned and stored in an electronic imaging system. A change of address must be reported within 10 days. [x] [x] Other. Describe how you verify: Customers must report their choice of provider at initial application; the start date of care and names of children in care must also be verified by the provider at the time of initial application. Customers confirm the information is still correct at redetermination or may report a change in providers at any time. A customer statement is taken for child care need. 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: Department of Workforce Services b. Provide the following definitions established by the TANF agency: i. “Appropriate child care”: Appropriate child care is quality child care services that foster a safe, healthy and developmentally appropriate environment for children. Parents may choose from licensed and license-exempt providers approved or certified through Child Care Licensing as meeting the requirements to receive child care funds from the Lead Agency. ii. “Reasonable distance”: Travel that requires less than one hour each way unless the commute time for the community is generally longer. iii. “Unsuitability of informal child care”: A license exempt family, friend or neighbor (FFN) provider who does not have an active FFN Approval status as determined by Child Care Licensing to receive child care funds from the Lead Agency. iv. “Affordable child care arrangements”: An approved provider in the community whose charge for services does not exceed the monthly local market rate established at the 75th percentile. 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: