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: A person who is age thirteen (13) up to age nineteen (19) who has an Individual Educaton Plan ("IEP") or a documented physical, emotional or behavioral condition that precludes the person from providing self-care or being left unsupervised, as verified by the written record of a physician, licensed psychologist or court records. 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”: Two or more persons residing in the same household, at least one of whom is the child’s primary caretaker. Family members temporarily absent from the household, for whom the family claims financial responsibility for tax purposes, are considered members of the family for establishing income eligibility and family size; they are not however, considered family members for the purpose of determining the need for service. ii. “in loco parentis”: A child’s legal guardian or other person legally responsible for a child’s welfare. 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. [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. [ ] Time for meals and breaks. vii. [x] Time for travel. viii. [ ] 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: Other activities identified as "working" include work programs, training programs, and other activities approved by DCF's Economic Services Division ("ESD") as part of the caretaker's family development plan; work for training programs approved by the Department of Labor; work study programs or training programs related to employment; high school, public or private, and high school equivalency programs such as Adult Basic Education ("ABE") or General Equivalency Diploma ("GED"); post-secondary courses at an accredited or recognized institution of higher education offering certification or associate and bachelor degree course work; non-traditional and/or online training approved on an individual basis, and; community service time/training. 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. [ ] 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. [ ] Other. Describe: 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: If a primary caretaker has work as their reason for needing care, a minimum of one (1) hour of work is required for the child to be eligible for CCFAP. [x] Job training. Describe: If a primary caretaker has job training as their reason for needing care, a minimum of one (1) hour of job training activity is required for the child to be eligible for CCFAP. [x] Education. Describe: If a primary caretaker has education as their reason for needing care, a minimum of one (1) hour of education activity is required for the child to be eligible for CCFAP. [x] Combination of allowable activities. Describe: If a primary caretaker has more than one reason for needing care, a minimum of one (1) hour of allowable activities is required for the child to be eligible for CCFAP. [ ] Other. Describe: e. Does the Lead Agency allow parents to qualify for CCDF assistance based on education and training without additional work requirements? [x] Yes. [ ] No. If no, describe the additional work requirements: f. Does the Lead Agency extend eligibility to specific populations of children otherwise not eligible by including them in its definition of “children who receive or need to receive protective services?” Note: A Lead Agency may elect to provide CCDF-funded child care to children in foster care when foster care parents are not working or are not in education/training activities, but this provision should be included in the Lead Agency’s protective services definition. [ ] No. If no, skip to question 2.2.3. [x] Yes. If yes, answer the questions below: Provide the Lead Agency’s definition of “protective services” by checking below the sub-populations of children that are included: [x] Children in foster care. [x] Children in kinship care. [x] Children who are in families under court supervision. [x] Children who are in families receiving supports or otherwise engaged with a child welfare agency. [ ] Children participating in a Lead Agency’s Early Head Start - Child Care Partnerships program. [ ] Children whose family members are deemed essential workers under a governor-declared state of emergency. [x] Children experiencing homelessness. [ ] Children whose family has been affected by a natural disaster. [x] Other. Describe: Children adopted from the DCF's Family Services Division ("FSD") with Adoption Assistance Agreement and children under legal guardianship who are eligible for a TANF/Reach Up Child Only grant. 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 4795.00 179.00 8607.00 2 6271.00 137.00 8607.00 Family Size 100% of SMI ($/Month) Maximum Initial Eligibility Limit (or Threshold) % Maximum Initial Eligibility Limit (or Threshold) $ 3 7746.00 124.00 8607.00 4 9221.00 147.00 10400.00 5 10697.00 171.00 12193.00 ii. Does the Lead Agency certify that they use other funds if the income eligibility limit percent exceeds 85% SMI? [ ] Not applicable. The Lead Agency does not allow income eligibility limits above 85% SMI. [x] Yes, the Lead Agency certifies that they use other funds (non-CCDF funds) for families with income that exceeds 85% SMI. [ ] No. The Lead Agency establishes income eligibility limits above SMI and includes CCDF funds to pay for families with income that exceeds 85% SMI. If checked, describe: b. Complete the table below if the Lead Agency has local variation in the maximum income eligibility limit. Complete the table for the region/locality with the highest eligibility limit, region/locality with the lowest eligibility limit, and the region/locality that is most populous: i. Region/locality with the highest eligibility limit: Family Size 100% of SMI ($/Month) Maximum Initial Eligibility Limit (or Threshold) % Maximum Initial Eligibility Limit (or Threshold) $ 1 2 3 4 5 ii. Region/locality with the lowest eligibility limit: Family Size 100% of SMI ($/Month) Maximum Initial Eligibility Limit (or Threshold) % Maximum Initial Eligibility Limit (or Threshold) $ 1 2 Family Size 100% of SMI ($/Month) Maximum Initial Eligibility Limit (or Threshold) % Maximum Initial Eligibility Limit (or Threshold) $ 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. [ ] Rent for room within the family’s residence. vii. [x] Pensions or annuities. viii. [x] Inheritance. ix. [ ] Public assistance. x. [x] Other. Describe: The total gross monthly income received by a child and their primary caregivers, which is derived from any source except for the following: 1) Income received from the sale of real or personal property (house, car, boat, stocks, bonds) unless the primary caretaker(s) was/were engaged in the business of selling such property, in which case the net proceeds will be counted as income from self-employment; 2) Withdrawals from bank deposits; 3) Money borrowed; 4) Tax refunds including Renters Rebate and Earned Income Credit; 5) Public assistance income (such as income received in DCF's ESD financial assistance programs, including but not limited to Supplemental Nutrition Assistance Program ("SNAP") referred to as 3Squares in Vermont, Medicaid, Fuel Assistance, Reach Up, Reach First (Reach First is temporary, short term financial assistance for families who have a plan and will not need TANF cash assistance beyond four (4) months), and Post-Secondary Education program payments, General Assistance and Emergency Assistance; 6) Value of United States Department of Agriculture ("USDA") donated foods and home produce consumed by the family; 7) Wage, salary, or other earned income of a person under age eighteen (18) living in the household who is not the primary caretaker; 8) Loans, grants, scholarships, or work-study income received for training or education incentive payment for training or education or other programs or activities authorized in a Reach Up case plan or other case plan; 9) Supplemental Security Income ("SSI") Child Support paid out on a regular basis to another household; 10) Adoption assistance payments under Title IV-E of the Adoption Assistance and Child Welfare Act of 1980 or under the State's Adoption Assistance Program Payments to foster parent(s) from DCF's FSD to subsidize the care and maintenance of a foster child; 11)Self-employment business expenses other than depreciation charges, Section 179, per current IRS procedures; 12) Money received from federal and/or sponsored programs as stipends; 13) Military pay for household members deployed on active duty. d. What is the effective date for these income eligibility limits? The effective date is April 7, 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://outside.vermont.gov/dept/DCF/Shared%20Documents/Benefits/CCFAP-Income- Guidelines-Effective-April-2024.pdf 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 Thirty (30) days prior to application date 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: Families can submit new documentation that is reflective of their current income at any time during their twelve (12) month eligibility period 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: The asset limit is waived for children with Protective Services Authorizations and children who have been adopted through Vermont's Family Services Division and have an Adoption Assistance Agreement. 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] [x] Applicant identity. Describe how you verify: CDD accepts applicant self-declaration to include name, Social Security Number ("SSN") (optional), address, and birthdate. CDD will verify information with ESD benefit programs as needed. This verification is required annually. [x] [x] Applicant’s relationship to the child. Describe how you verify: CDD accepts applicant self-declaration. Information, which will be verified with ESD benefit programs as needed. This is required annually. [x] [x] Child’s information for determining eligibility (e.g., identity, age, citizen/immigration status). Describe how you verify: CDD accepts applicant self-declaration information, which will be verified with ESD benefit programs as needed. This is required annually. [x] [x] Work. Describe how you verify: CDD requires employment verification form, pay stubs, and/ or tax forms requested from applicant. This is required annually. [x] [x] Job training or educational program. Describe how you verify: CDD requires the applicant provide school registration or letter from training coordinator. This is required annually. Training plan must also be on file and can be carried forward annually if the information is still applicable. [x] [x] Family income. Describe how you verify: Based on the applicant’s service need and income reported on the application, CDD requests verification to support what was reported. Income is verified with documentation such as, but not limited to, pay stubs or employment verification form for employed applicants, taxes to verify self- employment income, statements of unemployment compensation, social security, veterans benefits, or workers compensation, and child support payment history. This information will be verified with ESD benefit programs as needed. This is required annually. [x] [x] Household composition. Describe how you verify: CDD accepts applicant self-declaration for household composition and will verify information with ESD benefit programs as needed. This is required annually. Required at Initial Determination Required at Redetermination Description [x] [x] Applicant residence. Describe how you verify: CDD accepts applicant self-declaration and will verify information with ESD benefit programs as needed. This is required annually [x] [x] Other. Describe how you verify: CDD relies on communication with staff of other Departments, Division, and Programs regarding adoption agreements, Reach Up participation, foster care, etc. 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 Vermont is DCF's ESD, which is under the umbrella of the Vermont Agency of Human Services ("AHS"). b. Provide the following definitions established by the TANF agency: i. “Appropriate child care”: An Appropriate child care is an available child care slot with a licensed or registered provider located within five (5) miles of the parent or caretaker's residence or normal route to a program activity or employment that corresponds to the days and hours care is needed and the age of the child needing care; or the participant or caretaker chooses an Approved Relative Child Care ("ARCC") provider who is in compliance with the law over a regulated child care provider. ii. “Reasonable distance”: A reasonable distance is an available child care slot with a licensed or registered provider located within five (5) miles of the parent or caretaker's residence or on a normal route to a program activity or employment that corresponds to the days and hours care is needed. iii. “Unsuitability of informal child care”: Unsuitability of informal child care is child care that CDD classifies as an ARCC provider, and that a participant or caretaker determines to be unacceptable; child care that CDD classifies as either a registered Family Child Care Home ("FCCH") or a licensed Center-Based Program ("CBCCPP"), and that a participant or caretaker determines to be unacceptable, when such determination is confirmed by the CDD. iv. “Affordable child care arrangements”: Affordable child care arrangements are child care services offered by a provider that accepts the state subsidy as full payment for services or charges a co-pay above the subsidized rate that the family can pay without hardship. 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: