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): 17.00 ii. If yes, provide the Lead Agency definition of physical and/or mental incapacity: Children with documented developmental disabilities, intellectual disabilities, emotional disturbance, sensory or motor impairment, or significant chronic illness, special health surveillance or specialized programs, interventions, technologies, or facilities (up to a child’s 18th birthday). 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): 17.00 d. How does the Lead Agency define the following eligibility terms? i. “residing with”: A child is considered to be residing with the parent if that parent is responsible for the day-to-day care and control over the child and if any temporary living situation is not an out-of-home placement. ii. “in loco parentis”: The adult(s) with whom a child is living and who has assumed responsibility for the day-to-day care and supervision of the child is considered in loco parentis. 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. [ ] 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. [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. [x] Other. Describe: Online coursework 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: [ ] Work. Describe: [ ] Job training. Describe: [x] Education. Describe: Describe: Parents need to be enrolled in at minimum 2 classes or 6 credit hours to be eligible for care. [ ] 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: [ ] Children in foster care. [ ] 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. [ ] Other. Describe: 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? [ ] There is a statewide limit with no local variation. [x] There is a statewide limit with local variation. Provide the number of income eligibility tables and describe who sets the limits: Virginia has different eligibility parameters based on the age of the youngest child in the family. There are a total of 5 initial income eligibility thresholds. Families with at least one child ages 5 or younger, not yet in kindergarten, are eligible if their income is at or below 85% of the state median income. There is no local variation to this policy. Income eligibility limits for families with school-age children ONLY vary by locality based on cost of living, with 4 thresholds ranging from 150-250% FPG. These limits are set by VDOE. [ ] 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 5807.00 85.00 4936.00 2 7594.00 85.00 6455.00 3 9380.00 85.00 7973.00 4 11167.00 85.00 9492.00 5 12954.00 85.00 11011.00 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. [x] 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? October 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: 2023 [ ] Other. Describe: f. Provide the direct URL/website link, if available, for the income eligibility limits. Income thresholds are available in the CCSP Guidance Manual (https://www.childcare.virginia.gov/reports-resources/administrative-program-manuals- reports-and-data/subsidy-program-guidance-manual) and will be posted on the Paying for Child Care (page (https://www.childcare.virginia.gov/families/paying-for-child-care) when they go into effect. 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 12 months. 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. [ ] 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? [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: An applicant must provide verification of their identity at the time of application. The applicant’s identity may be verified through readily available documentary evidence, including DMV inquiries through SPIDeR, a multi-system search engine, or through a collateral contact, if no other source is available. Acceptable verification includes, but is not limited to, a driver’s license, work or school ID, ID for health benefits/assistance or social services program, a voter registration card, wage stubs, a Social Security card issued by the Social Security Administration (SSA), or a birth certificate. The Child Care Worker must accept any document that reasonably establishes the applicant’s identity. [x] [ ] Applicant’s relationship to the child. Describe how you verify: Declaration of relationship is accepted at initial application. [x] [ ] Child’s information for determining eligibility (e.g., identity, age, citizen/immigration status). Describe how you verify: Declaration of an applicant is accepted for the child’s identity unless there is a reason to question the validity of that information. The child’s legal status is verified by viewing an original birth certificate. If a birth certificate is not available, the worker may view a record of birth issued by a hospital, United States passport, Form FS-240, Form FS-545 or DS-1350, Form N-550, Form N-560 or N-561, Statement provided by a U. S. consular official, Form I-94, Form I-551, Form I-872, Form I-688B, Form I-766, letter from the Asylum Office of the U.S. Citizenship and Immigration Service, or by Order of an immigration judge granting asylum. If a child’s receipt of TANF is documented in the Virginia Case Management System, citizenship or alien/immigration status does not have to be verified for Child Care, the TANF program verifies it. The status of qualified aliens must be confirmed at least annually. Required at Initial Determination Required at Redetermination Description [x] [x] Work. Describe how you verify: An applicant must declare work on the application. Earnings are verified by pay stubs or a statement from the employer. Employment must be confirmed at least annually and recipients are required to report changes to employment status to the Child Care Worker. [x] [x] Job training or educational program. Describe how you verify: An applicant must declare education/training programs on the application. A statement from the educational institution verifies enrollment in an education/job training program. Education/training program enrollment must be verified at least annually and recipients must report changes to enrollment status to the Child Care Worker [x] [x] Family income. Describe how you verify: An applicant must declare income on the application. Income from employment that is counted in determining eligibility must be verified through paystubs or a statement from the employer. Virginia public assistance is verified through state systems or communication with Eligibility Workers. Federal benefits are verified through other state systems or by documentation from the source. Income is verified annually. Families are required to report changes in income that would cause their income to exceed 85% SMI. [x] [x] Household composition. Describe how you verify: An applicant must list household members at initial application and at eligibility redetermination. Declaration of an applicant is accepted unless there is a reason to question the validity of that information. [x] [ ] Applicant residence. Describe how you verify: Families served must reside in the locality where application for child care subsidy is made. Proof of residence must be provided by the applicant and may be, but is not limited to, a lease, driver’s license, landlord’s written statement, or utility bills. Residency is required to be verified at initial application or when the recipient reports a change at redetermination. Families are required to report a change in address during their eligibility period. [ ] [ ] Other. Describe how you verify: Not applicable 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: Virginia Department of Social Services b. Provide the following definitions established by the TANF agency: i. “Appropriate child care”: Child care arranged by the participant or, if the participant cannot arrange for the child’s care, child care arranged by the local department of social services with a legally operating provider. ii. “Reasonable distance”: The travel time from the child’s home to the child care provider and the work site is generally no more than one hour, based on transportation available to the parent. iii. “Unsuitability of informal child care”: The child care arrangement does not meet the requirements for relative care in the Virginia Department of Education Child Care Subsidy Program. iv. “Affordable child care arrangements”: The cost of child care is less than equal to the payment amounts specified in the Virginia Department of Education Child Care Subsidy Program (Maximum Reimbursable Rate). 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: TANF Guidance Manual