CHAPTER 3041. SUBSIDIZED CHILD CARE ELIGIBILITY

§ 3041.1. Purpose.

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   Adjusted family income—Gross countable family income, minus allowable deductions.

   Annual income—The family’s adjusted monthly income, multiplied by 12 months.

   Appeal—A written or oral request by a parent, caretaker or individual acting on behalf of a parent or caretaker for a hearing under Chapter 275 (relating to appeal and fair hearing and administrative disqualification hearings), indicating disagreement with a Departmental or eligibility agency action or failure to act that affects the family’s eligibility for subsidized child care.

   Application—A signed, dated request by a parent, caretaker or individual acting on behalf of a parent or caretaker for subsidized child care.

   CAO—County Assistance Office—The local office of the Department responsible for the determination of eligibility and service delivery in the Cash Assistance, Food Stamp and Medical Assistance Programs.

   Caretaker—An individual who has legal custody of the child, a foster parent, a grandparent, an aunt or an uncle who lives with and exercises care and control of a child.

   Child care—Care in lieu of parental care for part of a 24-hour day.

   Collateral contact—A form of verification in which the eligibility agency obtains information from a third party.

   Co-payment—The weekly amount the family pays for subsidized child care.

   Department—The Department of Public Welfare of the Commonwealth.

   Disability—A physical or mental impairment that precludes a parent or caretaker from participating in work, education or training.

   Disqualification—The prohibition against receipt of subsidized child care that results from fraud or an intentional program violation.

   Domestic and other violence (domestic violence)—Includes one of the following:

     (i)   A physical act that results in, or threatens to result in, physical injury to the individual.

     (ii)   Mental abuse, including stalking, threats to kidnap, kill or otherwise harm people or property, threats to commit suicide, repeated use of degrading or coercive language, controlling access to food or sleep and controlling or withholding access to economic and social resources.

     (iii)   Sexual abuse.

     (iv)   Sexual activity involving a dependent child.

     (v)   Being forced as the caretaker or relative of a dependent child to engage in nonconsensual sexual acts or activities.

     (vi)   A threat of, or attempt at, physical or sexual abuse.

     (vii)   Neglect or deprivation of medical care.

   Education—An elementary school, middle school, junior high or high school program including a general educational development program.

   Eligibility agency—The entity designated by the Department with authority to purchase subsidized child care and determine a family’s eligibility and co-payment.

   Eligibility determination—A decision regarding whether a family qualifies for the subsidized child care program and a determination of the co-payment.

   Eligibility redetermination—A semiannual review by the eligibility agency to determine if a family continues to qualify for subsidized child care, including a review of the co-payment.

   Employment—Working for another individual or entity for income.

   FPIG—Federal Poverty Income Guidelines—The income levels published annually in the Federal Register by the United States Department of Health and Human Services.

   Family—The child or children for whom subsidized child care is requested and the following individuals who live with that child or children in the same household:

     (i)   A parent of the child.

     (ii)   A caretaker and a caretaker’s spouse.

     (iii)   A biological, adoptive or foster child or stepchild of the parent or caretaker who is under 18 years of age and not emancipated by marriage or by the court.

     (iv)   An unrelated child under the care and control of the parent or caretaker, who is under 18 years of age and not emancipated by marriage or by the court.

     (v)   A child who is 18 years of age or older but under 22 years of age who is enrolled in a high school, a general educational development program or a post-secondary program leading to a degree, diploma or certificate and who is wholly or partially dependent upon the income of the parent or caretaker or spouse of the parent or caretaker.

   Fraud—The intentional act of a parent or caretaker that results in obtaining, continuing or increasing child care subsidy for which the family is not eligible and that involves any of the following:

     (i)   A false or misleading statement.

     (ii)   The failure to disclose information.

   Income—Includes the following:

     (i)   Earned income including gross wages from work, cash and in-kind payments received by an individual in exchange for services and income from self-employment.

     (ii)   Unearned income including cash and contributions received by an individual for which the individual does not provide a service.

     (iii)   Unearned benefits received periodically by an individual, such as unemployment compensation, worker’s compensation or retirement benefits.

   Maximum child care allowance—The payment ceilings set by the Department for child care services provided to families eligible for subsidized child care.

   Overpayment—The receipt of subsidy for a child for which the family is or was not eligible or an amount in excess of the amount for which the family was eligible.

   Parent—The biological or adoptive mother or father, stepmother or stepfather who exercises care and control of the child for whom subsidy is requested.

   Partial redetermination—A review of eligibility that occurs before the next scheduled redetermination date and does not include a review of each eligibility factor.

   Prospective work, education or training—Employment, education or training verified by the employer, school official or training official to begin no later than 30 calendar days following the date the parent or caretaker signs and dates the application for subsidized child care or no later than 60 calendar days following the loss of current employment.

   Provider—An organization or individual that directly delivers child care services.

   Published rate—A provider’s daily charge for a child who does not receive subsidized child care.

   Recoupment—Recovery of an overpayment by increasing the co-payment or other payment arrangement.

   Self-certification—A written statement provided by a parent or caretaker for the purpose of establishing selected factors of nonfinancial eligibility.

   Self-declaration—A written statement provided by the parent or caretaker for the purpose of establishing financial or nonfinancial eligibility for a period of time not to exceed 30 calendar days.

   Self-employment—Operating one’s own business, trade or profession for profit.

   Subsidized child care—Child care service paid for in part with State or Federal funds.

   Subsidy suspension—A temporary lapse of subsidized child care that does not affect the family’s eligibility status.

   TANF—Temporary Assistance for Needy Families Program—

     (i)   A Federal nonentitlement program under sections 401—419 of the Social Security Act (42 U.S.C.A. § §  601—619) that provides cash assistance to families including dependent children and an adult.

     (ii)   The term includes extended TANF benefits that are received beyond the 5-year TANF period.

   Training—

     (i)   Instruction that provides the skills or qualifications necessary for a specific vocation or field of employment.

     (ii)   The term includes adult basic education, English as a second language, a 2-year or 4-year postsecondary degree program, an internship, clinical placement, apprenticeship, lab work and field work required by the training institution.

   Verification—

     (i)   The process of confirming information needed to determine eligibility for subsidized child care.

     (ii)   The term includes documentary evidence or information obtained through collateral contacts, self-certification and self-declaration.

   Waiting list—A record maintained by the eligibility agency of the names of families and their children determined eligible to receive subsidized child care, but for whom subsidy is not currently available.

   Work—Employment or self-employment.

GENERAL REQUIREMENTS AND BENEFITS

§ 3041.11. Nondiscrimination.

 (a)  An eligibility agency may not discriminate against applicants for or recipients of Federal or State subsidized funds on the basis of age, race, sex, color, religious creed, national or ethnic origin, ancestry, sexual preference or physical or mental disability.

 (b)  An eligibility agency shall offer child care subsidy within the provisions of applicable civil rights laws and regulations, including the following:

   (1)  The Pennsylvania Human Relations Act (43 P. S. § §  951—963).

   (2)  The Age Discrimination Act of 1975 (42 U.S.C.A. § §  6101—6107).

   (3)  Title VI of the Civil Rights Act of 1964 (42 U.S.C.A. § §  2000d—2000d-4a).

   (4)  Title VII of the Civil Rights Act of 1964 (42 U.S.C.A. § §  2000e—2000e-15).

   (5)  Section 504 of the Rehabilitation Act of 1973 (29 U.S.C.A. §  794).

 (a)  Subsidized child care is provided for a child whose family meets financial and nonfinancial eligibility requirements.

 (b)  Subsidized child care is available to an otherwise eligible child who is under 13 years of age.

 (c)  Subsidized child care is available to an otherwise eligible child who is 13 years of age or older but under 19 years of age and who is incapable of caring for himself.

 (d)  A former TANF family is eligible for a child care subsidy under this chapter as specified in § §  3041.141—3041.150 (relating to former TANF families).

 (e)  The Department, through the Department’s contracts with the eligibility agency, will direct funding for various populations, including individuals who formerly received TANF benefits.

 (a)  A family who is eligible for subsidized child care shall have the right to choose care from a provider who agrees to comply with the Department’s standards for provider participation. Providers eligible to participate include:

   (1)  A child day care center certified under Chapter 3270 (relating to child day care centers).

   (2)  A group child day care home certified under Chapter 3280 (relating to group child day care homes).

   (3)  A family child day care home registered under Chapter 3290 (relating to family child day care homes).

   (4)  A provider specifically exempt from certification or registration under Chapters 3270, 3280 and 3290.

 (b)  A family eligible for Head Start expansion shall choose a child care provider as specified in §  3041.51 (relating to Head Start expansion program).

 A subsidy-eligible family may receive child care during the hours that the child needs care if the parent or caretaker:

   (1)  Works or attends education or training, including travel between the parent’s or caretaker’s work, education or training and the child care facility.

   (2)  Requires uninterrupted sleep time because the work shift ends between the hours of 12 a.m. and 9 a.m.

 (a)  A provider participating in the subsidized child care program is eligible to receive payment from the eligibility agency for services provided to a subsidy-eligible child.

 (b)  The eligibility agency may not pay child care costs that exceed the maximum child care allowance less the family co-payment for the type of care the child received from the provider.

 (c)  If a parent or caretaker selects a provider whose published rate exceeds the Department’s payment rate, the provider may charge the parent or caretaker the difference between these two amounts.

 (d)  The eligibility agency may not pay for any additional charge assessed by the provider, beyond the cost of child care.

 (a)  A family in which a parent or caretaker is receiving funds from the TANF cash assistance program is not eligible for subsidized child care under this chapter.

 (b)  Subsidized child care may not be used as a substitute for a publicly funded educational program, such as kindergarten or a specialized treatment program.

 (c)  If a parent or caretaker is the operator of a child day care center, group child day care home or family child day care home as specified in Chapter 3270, Chapter 3280 or Chapter 3290 (relating to child day care centers; group child day care homes; and family child day care homes) or is the operator of a home that is exempt from certification or registration under section 1070 of the Public Welfare Code (62 P. S. §  1070), and if space is available to enroll the parent’s or caretaker’s child at the facility operated by the parent or caretaker, that child is not eligible to receive subsidized child care.

 (d)  Subsidized child care is provided for a child whose family is determined eligible, up to the limits of available subsidized child care funds.

 The eligibility agency may not:

   (1)  Impose eligibility conditions other than conditions listed in this chapter.

 (a)  The days for which the parent or caretaker establishes a need for child care shall be specified in writing by the parent to the eligibility agency at the time the child is enrolled in subsidized child care.

 (a)  Upon notification from the provider that a child has been absent more than 10 consecutive days for which the child is scheduled to attend child care, not including days of a child’s illness, injury or impairment that precludes a child from attending child care, or other reason as specified in §  3041.21 (relating to subsidy suspension), the eligibility agency shall send the parent or caretaker an adverse action notice terminating the child’s eligibility and payment to the provider.

 (b)  The notice shall inform the parent or caretaker of the following:

   (1)  The parent or caretaker shall report to the eligibility agency the date of the child’s return to care.

   (2)  Payment will not be terminated if the child returns to care by the date set forth on the notice.

 A family’s eligibility and payment for subsidized child care continues for and during the following:

   (1)  Sixty calendar days from the date of an involuntary loss of work, the date a strike begins or the date the parent graduates from or completes education or training.

   (2)  A total of 84 calendar days from the first day of family leave, including maternity leave, as defined under the Family and Medical Leave Act of 1993 (29 U.S.C.A. § §  2601—2654), provided there is a need for child care.

   (3)  Regularly scheduled breaks in work or breaks in education or training, if the regularly scheduled break is less than 31 calendar days.

 (a)  If a child is unable to attend child care for more than 10 consecutive days for which the child is scheduled to attend care, subsidy shall be suspended for up to 90 calendar days in the following circumstances:

   (1)  The child is visiting the noncustodial parent or caretaker.

   (2)  The child is ill or hospitalized, preventing the child from participating in child care.

   (3)  The child is absent because of family illness or emergency.

   (4)  The child remains at home with his parent or caretaker during family leave.

   (5)  The provider is closed because of failure to meet certification or registration requirements.

   (6)  The parent or caretaker needs to locate another provider because the current provider cannot meet the parent’s or caretaker’s child care needs.

   (7)  The parent or caretaker is on maternity or family leave, as defined under the Family and Medical Leave Act of 1993 (29 U.S.C.A. § §  2601—2654).

   (8)  A parent or caretaker has a break in work, education or training that exceeds 30 calendar days but does not continue beyond 90 calendar days.

 (b)  The child is no longer eligible for subsidy payment or service if the child continues to be absent following 90 calendar days of suspension.

 (a)  If child care is disrupted due to the provider’s loss of the Department’s certification or registration or another reason that prevents the child’s continued care at that facility, the child is eligible for subsidy at another facility.

 (b)  If a child loses care as a result of circumstances specified in subsection (a), the child’s subsidy is suspended until the parent or caretaker selects another provider and funding is available.

 (c)  Subsidy to a child may be disrupted if the eligibility agency cannot continue to subsidize the number of children enrolled in subsidized child care due to insufficient State or Federal funding.

   (1)  Subsidy for children whose family’s income is at the highest percentage of the FPIG is disrupted first.

   (2)  A child whose subsidy is disrupted under this subsection shall be placed on the waiting list according to the date of the initial eligibility for subsidized child care.

   This section cited in 55 Pa. Code §  3041.171 (relating to appealable actions); and 55 Pa. Code §  3041.172 (relating to discontinuation of subsidy).

DETERMINING FAMILY SIZE AND INCOME

§ 3041.31. Family size.

 (a)  Individuals included in the definition of family shall be included in determining family size.

 (b)  An individual applying as a parent and a caretaker may only be counted once.

 (c)  An individual may not be included in more than one family unless the individual is a child who is in a shared custody arrangement between two families and both families are seeking subsidized child care.

 (d)  A foster child may be counted as a family of one or may be included in a family as defined in this chapter.

 Income of the following family members is counted to determine financial eligibility:

   (1)  The parent or caretaker of the child for whom subsidy is sought.

   (2)  A parent’s or caretaker’s spouse.

   (3)  Children, excluding a child’s earned income.

 To determine adjusted family income the eligibility agency shall:

   (1)  Determine gross income as specified in Appendix A, Part I (relating to income to be included, deducted and excluded in determining gross monthly income) for each family member listed in §  3041.32 (relating to income counted).

   (2)  Estimate monthly income from each income source in accordance with §  3041.34 (relating to estimating income).

   (3)  Convert weekly, biweekly, semimonthly and other pay periods to gross monthly amounts using the Conversion Table in Appendix A, Part I.

   (4)  Calculate the total gross monthly income.

   (5)  Determine the stepparent deduction as specified in Appendix C (relating to stepparent deduction chart).

   (6)  Determine other allowable deductions listed in Appendix A, Part II for each source of income.

   (7)  Determine adjusted family income by subtracting the total monthly deductions specified in paragraphs (5) and (6) from the total gross monthly income specified in paragraph (4).

   (8)  Multiply adjusted family income by 12 to determine annual family income.

 (a)  For the purpose of determining adjusted family income, the eligibility agency shall use its best estimate of monthly income based upon circumstances at the time of application or redetermination as specified in Appendix A, Part I (relating to income to be included, deducted and excluded in determining gross monthly income) for the table used to convert weekly, biweekly, semimonthly and other pay periods to monthly amounts.

 (b)  For parents or caretakers who are working and have received pay at the time they apply for subsidized child care, income shall be estimated based upon verified, actual amounts already received by the family prior to application or redetermination or verification of anticipated income.

 (c)  When estimating income, the eligibility agency shall use the past 30 calendar days as an indicator of future amounts, unless:

   (1)  A change has occurred.

   (2)  A change is anticipated.

   (3)  An unusual circumstance existed that is not expected to recur, such as overtime not likely to continue.

 (d)  The eligibility agency shall adjust its estimate of monthly income to take into account recent or anticipated changes and unusual circumstances.

 (e)  When an applicant anticipates starting work within the next 30 days or has not yet received a first paycheck, income eligibility is established based on verified anticipated income.

   This section cited in 55 Pa. Code §  3041.33 (relating to income adjustment); and 55 Pa. Code §  3041.108 (relating to co-payment for families headed by a parent).

ELIGIBILITY REQUIREMENTS

§ 3041.41. Financial eligibility.

 (a)  At initial application, annual family income may not exceed 200% of the FPIG.

 (b)  Following an initial determination of eligibility, a family shall remain financially eligible for subsidized child care as long as the annual income does not exceed 235% of the FPIG.

 (c)  The eligibility agency shall inform the parent or caretaker of the annual family income that will exceed 235% of the FPIG and cause the family to be ineligible for subsidized child care.

 (a)  Family members shall be residents of this Commonwealth.

 (b)  The parent or caretaker shall apply in his county of residence. In counties where there is more than one eligibility agency for the county, the parent or caretaker shall apply to the eligibility agency that is responsible for the geographic area that includes the zip code of the family’s residence.

 (a)  The parent or caretaker shall work at least 20 hours per week. The eligibility agency shall average a parent’s or caretaker’s work hours in cases where hours of work vary from week to week.

 (b)  The work-hour requirement specified in subsection (a) is met under the following circumstances:

   (1)  A parent or caretaker under 22 years of age and attending high school.

   (2)  A parent or caretaker under 18 years of age, does not have a high school or general educational development diploma, but is enrolled in and attending education on a full-time basis.

   (3)  A parent or caretaker attends training and works at least 10 hours per week. The time spent in training counts toward the 20 hour per week work requirement.

 (c)  A parent or caretaker who misses work, education or training shall remain eligible for subsidy if the parent or caretaker is currently scheduled to work or participate in education or training for an average of 20 hours or more per week and one of the following applies:

   (1)  The parent or caretaker has an illness or injury.

   (2)  The parent or caretaker has a medical appointment that cannot reasonably be scheduled at a time that does not conflict with work hours.

   (3)  The parent’s or caretaker’s employer is closed.

   (4)  The parent or caretaker verifies domestic violence.

   (5)  The parent or caretaker has an emergency, such as:

     (i)   Illness, injury or impairment of the child that precludes the child from attending child care.

     (ii)   Illness, injury or impairment of a family member that requires the parent or caretaker to miss work to provide care.

 (a)  A family in which a parent or caretaker has prospective work, education or training may be eligible for subsidized child care if the following requirements are met:

   (1)  The work, education or training will begin no later than 30 calendar days following the date of application or no later than 60 calendar days following the loss of work for a parent or caretaker who is receiving subsidized child care.

   (2)  Verification of prospective work, education or training is provided as specified in §  3041.67 (relating to verification of work, education and training).

 (b)  Subsidy may not begin until the parent or caretaker begins work, education or training.

 (a)  A child receiving subsidized child care shall have received age-appropriate immunizations as recommended by the American Academy of Pediatrics. For facilities subject to certification by the Department, immunizations shall be provided as specified in § §  3270.131, 3280.131 and 3290.131 (relating to health assessment). Exemption from the immunization requirement shall be granted by the eligibility agency if:

   (1)  A child’s parent or caretaker objects to immunizations on religious grounds.

   (2)  A parent or caretaker indicates that a child’s medical condition contraindicates immunization.

 (a)  Following the determination of eligibility for subsidized child care, a single parent or caretaker who becomes disabled, is unable to continue work, education or training and is unable to care for the child is excused from the work, education and training requirements for up to a maximum of 183 calendar days. The disability must be verified as specified in §  3041.70 (relating to verification of inability to work due to a disability).

 (b)  A two-parent or caretaker family may be eligible for subsidized child care if one parent or caretaker is working and the other parent or caretaker is unable to work or participate in education or training and is unable to care for the child for whom subsidy is requested due to a disability or the need to attend treatment for the disability. The disability must be verified as specified in §  3041.70 at the time of application or at the time the parent or caretaker becomes disabled and at each subsequent redetermination.

SPECIAL ELIGIBILITY PROGRAMS

§ 3041.51. Head Start expansion program.

 (a)  Head Start is a Federally-funded program designed to prepare at-risk children, 3 years of age or older but under 5 years of age, for school success. A Head Start expansion program is a program that combines the Head Start program with the subsidized child care program.

 (b)  A child who is enrolled in a Head Start program, whose parent or caretaker needs extended hours or days of child care beyond the hours or days provided by the Head Start program to work, is eligible for subsidized child care under this section, if the parent or caretaker meets the eligibility requirements for subsidized child care as specified in subsection (f).

 (c)  The parent or caretaker shall obtain from the Head Start program and provide to the eligibility agency verification that the Head Start expansion program meets the Federal Head Start standards.

 (d)  If a child in the family as specified in §  3041.31 (relating to family size) is enrolled in the Head Start expansion program, the family co-payment is based on family size and income. If additional children in the family are enrolled in subsidized child care, the family co-payment is based on family size and income.

 (e)  If extended hours or days of care are provided beyond the Head Start program hours or days, the extended hours and days of care shall be provided by a facility that has a certificate of compliance or registration by the Department as a child day care facility.

 (f)  Upon program entry and continuation in the Head Start expansion program, a parent or caretaker shall meet the following conditions:

   (1)  Verification, at the time of application, of a minimum of 20 hours of work per week as specified in §  3041.43 (relating to work, education and training).

   (2)  Verification that extended hours and days of child care are needed to work as specified in subsection (b).

   (3)  Compliance with the waiting list conditions specified in §  3041.133 (relating to waiting list).

   (4)  Payment of the co-payment as specified in §  3041.101(a)—(e) (relating to general co-payment requirements).

   (5)  Report loss of work within 10 calendar days following the date work ended as specified in §  3041.127(b) (relating to parent and caretaker report of change).

   (6)  Report when a child is no longer enrolled in Head Start within 10 calendar days following the date the Head Start enrollment ended.

 (g)  Subsidy for a child receiving care under this section may be suspended during summer school breaks.

 (h)  A parent or caretaker whose child receives subsidized child care and is enrolled in a Head Start program is not required to report changes in circumstances during the period of the child’s Head Start enrollment, unless the parent or caretaker loses work. If the parent or caretaker involuntarily loses work, the family remains eligible for the Head Start expansion program for up to 60 calendar days following the loss of work. If the parent or caretaker is unemployed for more than 60 calendar days, the family is ineligible for subsidized child care.

 (i)  The eligibility agency may not require a parent or caretaker whose child receives subsidized child care and is enrolled in a Head Start program to complete a partial redetermination or redetermination until the child’s Head Start program, the parent or caretaker or a reliable source confirmed by the eligibility agency reports to the eligibility agency that the child is no longer enrolled in the Head Start program.

 (a)  A child who is 3 or 4 years of age and who is enrolled in a prekindergarten program operated by a school entity or a certified child day care center or licensed private academic school serving children 3 or 4 years of age operating under contract with a school entity, whose parent or caretaker needs extended hours or days of child care to work, is eligible for subsidized child care under this section, if the parent or caretaker meets the eligibility requirements for subsidized child care as specified in this section.

 (b)  The eligibility agency shall verify that the prekindergarten program is operated by a school entity or by a certified child day care center or licensed private academic school operating under contract with a school entity.

 (c)  If extended hours or days of care are provided beyond the prekindergarten program’s hours or days, the extended hours and days of care shall be provided by a facility that has a certificate of compliance or registration by the Department as a child day care facility.

 (d)  Upon program entry and continuation in the prekindergarten program, a parent or caretaker shall meet the following conditions:

   (1)  Verification, at the time of application, of a minimum of 20 hours of work per week as specified in §  3041.43 (relating to work, education and training).

   (2)  Verification, at the time of application, of income eligibility for subsidized child care as specified in §  3041.41 (relating to financial eligibility).

   (3)  Verification that extended hours and days of child care are needed to work as specified in subsection (c).

   (4)  Compliance with the waiting list conditions specified in §  3041.133 (relating to waiting list).

   (5)  Payment of the co-payment as specified in §  3041.101 (relating to general co-payment requirements).

   (6)  Report loss of work within 10 calendar days following the date work ended as specified in §  3041.127 (relating to parent and caretaker report of change).

   (7)  Report when a child is no longer enrolled in a prekindergarten program within 10 calendar days following the date the prekindergarten enrollment ended.

 (e)  A parent or caretaker whose child participates in a prekindergarten program shall meet the conditions specified in this chapter, except as specified in subsections (f), (g) and (h).

 (f)  Subsidy for a child receiving care under this section may be suspended during summer school breaks.

 (g)  A parent or caretaker whose child receives subsidized child care and is enrolled in a prekindergarten program is not required to report changes in circumstances during the period of the child’s prekindergarten enrollment, unless the parent or caretaker loses work. If the parent or caretaker involuntarily loses work, the family remains eligible for the prekindergarten program for up to 60 calendar days following the loss of work.

 (h)  The eligibility agency may not require a parent or caretaker whose child receives subsidized child care and is enrolled in a prekindergarten program to complete a partial redetermination or redetermination until the child’s prekindergarten program, the parent or caretaker or a reliable source confirmed by the eligibility agency reports to the eligibility agency that the child is no longer enrolled in the prekindergarten program.

 (i)  A school entity is a public school, school district, intermediate unit or area vocational-technical school as defined in 22 Pa. Code §  49.1 (relating to definitions).

SELF-CERTIFICATION AND VERIFICATION

§ 3041.61. General verification requirements.

 (a)  The parent or caretaker shall be the primary source of verification in establishing and maintaining eligibility for subsidized child care.

 (b)  The eligibility agency shall inform each parent and caretaker that the eligibility agency is available to assist in obtaining verification that the parent or caretaker is unable to obtain.

 (c)  The eligibility agency shall assist parents and caretakers who request assistance in obtaining verification.

 (d)  The eligibility agency may not impose requirements for verification beyond the requirements of this chapter.

 (e)  At the time of application for subsidized child care, the eligibility agency shall obtain consent from the parent or caretaker and the parent’s or caretaker’s spouse permitting the eligibility agency to obtain verification of eligibility information.

 (f)  The eligibility agency shall retain the signed consent in the family’s file.

 (g)  The consent shall remain in effect for as long as the family receives subsidy.

 (h)  The eligibility agency may not deny or terminate subsidy to a family when the parent or caretaker has cooperated in the verification process and needed verification is pending or cannot be obtained due to circumstances beyond the parent’s or caretaker’s control.

 (a)  The eligibility agency shall make a collateral contact on behalf of the parent or caretaker if any of the following occurs:

   (1)  The parent or caretaker has made a reasonable effort to obtain documentary evidence without success.

   (2)  Documentary evidence is unavailable.

   (3)  The eligibility determination process must be expedited to avoid unnecessary hardship to the parent or caretaker or to ensure that the time frame for an eligibility determination is met.

   (4)  The verification provided by the parent or caretaker requires additional clarification.

   (5)  The eligibility agency suspects that the parent or caretaker is withholding information or has falsified the information given.

 (b)  The eligibility agency shall make a collateral contact in person, by consulting public records, by mail, electronic communication, facsimile or by telephone with a source of reliable information.

 (c)  Sources of reliable collateral contact information include the following:

   (1)  Public records, such as domestic relations or other courthouse records.

   (2)  An employer, a friend, a neighbor, a relative, a landlord, a government agency, a community social service agency or a child care provider.

 (d)  The eligibility agency shall obtain from the parent or caretaker a list of reliable sources of information who would serve as collateral contacts.

 (e)  The eligibility agency shall cooperate with a source who acts as a collateral contact.

 (f)  The eligibility agency may not contact an alleged abuser or former abuser in a domestic violence situation.

 (g)  Sources of reliable collateral contact information regarding verification of care and control in a family headed by an aunt, uncle or grandparent as specified in §  3041.78 (relating to verification of care and control) include one of the following who has knowledge of the circumstances:

   (1)  A school teacher or principal.

   (2)  A regulated child care provider.

   (3)  A health care professional.

   (4)  A social service worker or counselor.

   (5)  A religious professional.

   (6)  An attorney.

 (a)  The eligibility agency shall inform the parent or caretaker in writing that self-certification is made subject to 18 Pa.C.S. §  4904 (relating to unsworn falsification to authorities).

 (b)  The eligibility agency shall accept the statement of the parent or caretaker as sufficient proof of the following eligibility factors:

   (1)  Age of the child.

   (2)  Citizenship or immigration status.

   (3)  Immunization status or exemption from the immunization requirement.

   (4)  Days and hours for which the child needs care, as specified in §  3041.145 (relating to verification and reporting).

   (5)  Status of an individual who formerly received TANF, as specified in §  3041.145.

   (6)  Face-to-face time frame extension based on hardship, as specified in § §  3041.126(d) and 3041.144(a) (relating to face-to-face interview; and face-to-face interview for former TANF families).

 (a)  If attempts to verify eligibility by documentary evidence or collateral contact are unsuccessful, the eligibility agency shall proceed without delay to determine the family’s eligibility based upon a self-certification as specified in §  3041.63 (relating to self-certification) or by written self-declaration by the parent or caretaker.

 (b)  The eligibility agency shall instruct the parent or caretaker that a written self-declaration shall be made subject to 18 Pa.C.S. §  4904 (relating to unsworn falsification to authorities).

 (c)  The eligibility agency shall accept a parent’s or caretaker’s self-declaration statement, unless evidence contradicts the statement.

 (d)  If a parent or caretaker uses self-declaration as verification, the eligibility agency shall require the parent or caretaker to provide another form of acceptable verification no later than 30 calendar days following the date the written self-declaration is accepted by the eligibility agency unless otherwise specified in this chapter.

 (a)  Acceptable verification of earned income from employment includes one of the following:

   (1)  Pay stubs reflecting earnings for 4 weeks in the most recent 6-week period, the Department’s Employment Verification form reflecting actual or anticipated earnings, the Internal Revenue Service form used for reporting tips, an employer statement of anticipated earnings and hours or other document that establishes the parent’s or caretaker’s earnings or anticipated earnings from employment.

   (2)  A collateral contact, as specified in §  3041.62 (relating to collateral contact).

   (3)  A written self-declaration by the parent or caretaker as specified in §  3041.64 (relating to self-declaration).

 (b)  Acceptable verification of income from self-employment includes one of the following:

   (1)  Tax returns, business records or other documents establishing profit from self-employment.

   (2)  A collateral contact, as specified in §  3041.62.

   (3)  A written self-declaration by a parent or caretaker of net profit from self-employment, reflecting gross earnings, less the cost of doing business, as specified in §  3041.64.

 (c)  Acceptable verification of unearned income includes one of the following:

   (1)  A copy of a current benefit check, an award letter that designates the amount of a grant or benefit, such as a letter from the Social Security Administration stating the amount of the Social Security benefit, a bank statement, a court order, or other document or database report that establishes the amount of unearned income.

   (2)  A collateral contact, as specified in §  3041.62.

   (3)  A written self-declaration by the parent or caretaker, as specified in §  3041.64.

 (d)  If a family receives or pays child support, the eligibility agency shall verify the amount of support received or paid by the family by requesting this information from the Department, whether the information is found in the Pennsylvania Child Support Enforcement System or in another source.

 Acceptable verification of residence includes any of the following:

   (1)  Mail received by the parent or caretaker, a copy of a lease, utility bill, deed, driver’s license, rental agreement or other document establishing residence.

   (2)  A collateral contact, as specified in §  3041.62 (relating to collateral contact).

 Acceptable verification of hours of work, education, training or enrollment in education or training includes one of the following:

   (1)  A document provided by the parent or caretaker as verification of earned or anticipated earned income, provided this verification indicates or can be used to compute the number of hours the parent or caretaker worked, is normally scheduled to work or in cases when hours vary, the average number of hours worked.

   (2)  A copy of a work schedule signed by the employer.

   (3)  A copy of the class or training schedule from an education or training representative.

   (4)  Another document that establishes hours of work or anticipated hours of work, education or training.

   (5)  A collateral contact, as specified in §  3041.62 (relating to collateral contact).

   (6)  A written self-declaration by the parent or caretaker that indicates the parent or caretaker works or will work at least 20 hours per week, as specified in §  3041.64 (relating to self-declaration).

 Acceptable verification of involuntary loss of work, education or training includes any of the following:

   (1)  A written statement from the employer or an education or training representative.

   (2)  A school record.

   (3)  A collateral contact, as specified in §  3041.62 (relating to collateral contact).

 Acceptable verification of identity includes one of the following:

   (1)  Employer identification card.

   (2)  Military photo-identification card.

   (3)  Passport.

   (4)  Other verifiable photo-identification.

   (5)  Driver’s license with or without a photograph.

   (6)  State-issued birth certificate.

   (7)  Certificate of naturalization.

   (8)  Certificate of United States citizenship.

   (9)  Registration receipt card.

   (10)  Valid or expired Pennsylvania learner’s permit.

   (11)  Social Security card.

   (12)  Marriage license, divorce decree or court order for a name change.

   (13)  Marriage record that contains the date of birth.

   (14)  Voter’s registration card.

   (15)  A collateral contact as specified in §  3041.62 (relating to collateral contact).

 Acceptable verification of inability to work due to a disability includes:

   (1)  In a single or two-parent or caretaker family, verification of the parent’s or caretaker’s disability shall include an assessment by a physician or psychologist that states the following:

     (i)   The condition causing the inability to work or to participate in education or training.

     (ii)   The manner in which the condition causing the disability prevents the parent or caretaker from providing care for the child.

     (iii)   The date the parent or caretaker is expected to return to work or resume participation in education or training or the date the parent or caretaker will be able to care for the child.

   (2)  In a two-parent or caretaker family, if the parent or caretaker with a disability submits written verification of disability payments from Social Security, Supplemental Security Income (SSI), Worker’s Compensation, 100% of Veterans Disability or 100% of another type of work-related disability, that verification shall serve as permanent verification of the parent’s or caretaker’s inability to work.

 Acceptable verification of reasons for subsidy continuation or suspension as specified in § §  3041.20 and 3041.21 (relating to subsidy continuation during breaks in work, education or training; and subsidy suspension) includes one of the following:

   (1)  The Department’s form for verifying work, education or training.

   (2)  A written statement from the employer or the education or training representative or school records.

   (3)  A child support order.

   (4)  A medical record or a written statement from a physician.

   (5)  A collateral contact, as specified in §  3041.62 (relating to collateral contact).

 Acceptable verification of family size and composition includes one of the following:

   (1)  A birth certificate.

   (2)  A custody order.

   (3)  A medical record or a written statement from a physician.

   (4)  A written statement from the parent indicating that the caretaker has care and control of the child for whom subsidized child care is requested.

   (5)  A school record.

   (6)  A collateral contact, as specified in §  3041.62 (relating to collateral contact).

 Acceptable verification of family leave includes one of the following:

   (1)  A birth certificate.

   (2)  The Department’s medical assessment form.

   (3)  A written statement or other documentation completed by a licensed physician that describes the inability to work or participate in education or training and includes a date of anticipated return to work.

   (4)  A written statement from the employer or an education or training representative.

   (5)  A collateral contact, as specified in §  3041.62 (relating to collateral contact).

 Acceptable verification of care and control in a family headed by an aunt, uncle or grandparent includes one of the following:

   (1)  A school record.

   (2)  A medical record.

   (3)  A social service record.

   (4)  A religious record.

   (5)  A Domestic Relations Services support order.

   (6)  A court order.

   (7)  A rental or lease agreement.

   (8)  A notarized written statement from the parent or caretaker.

   (9)  A collateral contact, as specified in §  3041.62 (relating to collateral contact).

   (10)  A written self-declaration by the parent or caretaker, as specified in §  3041.64 (relating to self-declaration).

   This section cited in 55 Pa. Code §  3041.62 (relating to collateral contact).

ELIGIBILITY AGENCY RESPONSIBILITIES

§ 3041.81. Eligibility agency.

 (a)  The eligibility agency shall manage the subsidized child care program in part of a county, a single county or several counties.

 (a)  The eligibility agency shall determine eligibility for subsidized child care as specified in this chapter.

 (b)  The eligibility agency may not impose eligibility conditions other than the conditions listed in this chapter.

 (a)  The eligibility agency and its employees shall keep confidential the information in the family file and use that information only for purposes directly connected to the administration of their duties.

 (b)  Agents of the United States, the Commonwealth and the Department who are responsible for eligibility review, evaluation or audit functions shall have access to, and the right to the use and disclosure of, information on applicants or recipients of subsidized child care. This use and disclosure is confined to the agent’s responsibility to carry out review, evaluation or audit functions.

 (c)  Disclosure of information beyond the scope of review, evaluation or audit functions performed by the agents requires the parent’s or caretaker’s informed and written consent.

 (d)  Information in the family file may be disclosed to the local CAO when necessary to ensure that funds are authorized appropriately.

 (a)  An eligibility agency shall establish and maintain a separate file for the family of each parent or caretaker who applies for subsidized child care.

 (b)  The family file shall contain documents pertaining to eligibility determination, redetermination, subsidized child care authorization, co-payment agreements and copies of written notices required by this chapter.

 (c)  A parent or caretaker or an authorized representative has a right to examine the family file.

 (a)  An eligibility agency shall retain family files, completed application forms, written notices, books, records and other fiscal and administrative documents pertaining to subsidized child care.

 (b)  Records shall be maintained for at least 6 years from the end of the fiscal year in which subsidized child care has been provided or until an audit or litigation is resolved.

 (c)  The fiscal year is a period of time beginning July 1 of any calendar year and ending June 30 of the following calendar year.

 The eligibility agency shall immediately report suspected child abuse in accordance with 23 Pa.C.S. § §  6301—6385 (relating to the Child Protective Services Law) and Chapter 3490 (relating to child protective services).

DOMESTIC VIOLENCE WAIVERS

§ 3041.91. General domestic violence waiver requirements.

 (a)  The eligibility agency shall grant a domestic violence waiver to a parent or caretaker who is the victim of past or present domestic violence or the threat of domestic violence.

 (b)  A domestic violence waiver shall be granted if compliance with a requirement of this chapter would either make it more difficult for a family or household member to escape domestic violence or place a family or household member at risk of domestic violence.

 (c)  The following requirements of this chapter may not be waived:

   (1)  Age of the child as specified in §  3041.12(b) and (c) (relating to provision of subsidized child care).

   (2)  Income limits as specified in §  3041.41 (relating to financial eligibility).

   (3)  Pennsylvania residency as specified in §  3041.42 (relating to residence).

   (4)  The minimum number of hours of work, education or training as specified in §  3041.43 (relating to work, education and training), except for a parent or caretaker who meets the hours of work, education or training at the time of application. The parent or caretaker shall continue to participate in some but not all hours of work, education or training.

 (d)  A waiver of the verification of the amount of income as specified in §  3041.65 (relating to verification of income) may not exceed 60 days.

 (e)  Except as specified in subsection (c), the eligibility agency may grant a domestic violence waiver for a maximum of 183 days.

 (a)  The eligibility agency shall provide written notice to the parent or caretaker regarding the eligibility agency’s determination to grant or deny a waiver request. At the request of the parent or caretaker, the notice shall be mailed to an alternate address or hand-delivered to the parent or caretaker.

 (b)  If the waiver is granted, the notice must include the following:

   (1)  The basis for granting the waiver.

   (2)  A statement that the eligibility agency will review the waiver circumstances every 183 days.

 (c)  If the waiver is denied, the notice must include the following:

   (1)  The basis for the denial.

   (2)  The right to appeal the decision and how to appeal as specified in § §  3041.162 and 3041.171 (relating to notice of right to appeal; and appealable actions).

   (3)  The verification the parent or caretaker shall submit for the eligibility agency to grant the waiver and the time frames in which the parent or caretaker shall submit the verification.

   (4)  The evidence or information needed to substantiate the waiver request and the time frames in which the parent or caretaker shall provide the information.

CO-PAYMENT AND PAYMENT BY THE DEPARTMENT

§ 3041.101. General co-payment requirements.

 (a)  The eligibility agency shall determine the amount of the parent’s or caretaker’s co-payment during the eligibility process based on the parent’s or caretaker’s actual or verified anticipated income and family size.

 (b)  A co-payment is established at an initial determination of eligibility for subsidized child care and reestablished at each successive redetermination of eligibility.

 (c)  The co-payment covers each child in the family who is receiving subsidized child care.

 (d)  The co-payment includes each day of the week for which the family establishes a need for child care.

 (e)  The co-payment is due on the first day of the service week and each week thereafter regardless of the day the parent or caretaker enrolls the child.

 (a)  The payment rate is the daily amount paid to a child care provider for services delivered to a child who is eligible for subsidized child care.

 (b)  If the co-payment does not exceed the payment rate for care, the difference between the payment rate and the weekly co-payment is the Department’s payment for subsidized child care.

 (a)  Upon notification by the parent or caretaker of receipt of payment for employment, the eligibility agency shall:

   (1)  Complete a partial redetermination no later than 10 calendar days following notification.

   (2)  Adjust the family co-payment, if applicable, no later than 20 calendar days following the date the parent or caretaker reports the receipt of payment from employment.

   (3)  Provide notice to the parent or caretaker of the planned change in the co-payment.

 (b)  The parent or caretaker shall begin paying the adjusted co-payment starting the first day of the service week following the date the written notice is postmarked or hand-delivered to the parent or caretaker by the eligibility agency.

 (c)  A single parent or caretaker who applies for subsidized child care and who reports prospective work is not required to pay a co-payment until the parent or caretaker receives income from work.

 (a)  Except as provided in subsection (b), a parent or caretaker whose child is authorized for subsidy is required to pay a co-payment and an equivalent advance co-payment to the provider prior to enrollment in the subsidized child care program. Only the co-payment is due thereafter.

 (b)  A parent or caretaker who transfers from TANF shall pay a co-payment and an equivalent advance co-payment to the provider. The advance co-payment shall be paid by the time of the first redetermination.

 (c)  If the co-payment is decreased as the result of a redetermination or partial redetermination, the parent or caretaker will begin paying the reduced co-payment on the first day of the service week following the date of the redetermination or partial redetermination.

 (d)  If the co-payment is decreased as the result of a redetermination or partial redetermination, the provider will refund to the parent or caretaker the difference between the current advance co-payment and the decreased co-payment on the first day of the service week following the redetermination or partial redetermination.

 (e)  If the co-payment is increased as the result of a redetermination or partial redetermination, the parent or caretaker shall begin paying the increased co-payment on the first service day of the week following the notification specified in §  3041.161(a) (relating to general notification requirements) advising the parent or caretaker of the co-payment increase. The parent or caretaker shall also pay an increased advance co-payment, which is the difference between the current and the increased co-payment.

 (f)  The co-payment is due on the first day of the service week and each week thereafter, regardless of the day the parent or caretaker enrolls the child.

 (a)  A co-payment is delinquent if it is not paid by the last day of the service week.

 (b)  On the day the provider reports the co-payment is delinquent, the eligibility agency shall notify the parent or caretaker in writing that action will be taken to terminate subsidy for the child.

 (a)  The eligibility agency shall generate notices based on delinquent co-payments.

 (b)  The eligibility agency shall send the provider a copy of each notice issued to a parent or caretaker whose child is enrolled with the provider.

 (c)  When a co-payment is reported to the eligibility agency as delinquent, the eligibility agency shall mail a notice to the parent or caretaker, on a form provided by the Department. The notice must state that service will be terminated on a date set forth on the notice, which shall be the first day after 10 calendar days following the date of the written notice, unless the delinquent co-payment is paid by that date.

 (d)  A family whose subsidy is terminated for failure to make required co-payments may not be reauthorized for subsidy until all outstanding co-payments have been paid in full.

 (e)  The eligibility agency shall retain a copy of the termination notice.

 (a)  The FPIG are used to determine the income limits and co-payments for subsidized child care.

 (b)  Following annual publication of the FPIG, the Department will publish an updated co-payment chart in Appendix B (relating to co-payment chart family co-payment scale based on the 2005 FPIGs) through a notice in the Pennsylvania Bulletin.

 (a)  For families headed by a parent, the family co-payment shall be determined based on the following:

   (1)  The family size and family income, as specified in § §  3041.31—3041.34 (relating to determining family size and income).

   (2)  The co-payment shall be at least $5, unless waived as specified in § §  3041.44(a) and 3041.91(c) (relating to prospective work, education and training; and general domestic violence waiver requirements).

   (3)  The family’s annual co-payment may not exceed 11% of the family’s annual income.

   (4)  If the family’s annual income is 100% of FPIG or less, the annual co-payment may not exceed 8% of the family’s annual income.

 (b)  The eligibility agency shall determine the co-payment by using the co-payment chart in Appendix B (relating to co-payment chart family co-payment scale based on the 2005 FPIGs). The co-payment is calculated in $5 increments for each $2,000 of annual income.

 (c)  If a family has only one child who is enrolled in school and who receives a total of fewer than 5 hours daily of before or after-school care, the family shall pay one-half the weekly co-payment specified in Appendix B.

 (d)  If the co-payments for 1 month are equal to or exceed the monthly payment for care, the family is not eligible for subsidized child care with that provider.

 (a)  If a family is headed by a parent who is also the caretaker for another child for whom subsidy is requested, the eligibility agency shall determine the family co-payment as specified in §  3041.108(a) (relating to co-payment for families headed by a parent).

 (b)  If the co-payments for 1 month are equal to or exceed the monthly payment for care, the family is not eligible for subsidized child care with that provider.

ELIGIBILITY DETERMINATION AND REDETERMINATION

§ 3041.121. Application.

 (a)  The eligibility agency shall make applications for subsidized child care available to any person upon request.

 (b)  A signed application for subsidized child care under this chapter may be filed by a parent or caretaker on any day and at any time that the eligibility agency is open for business.

 (a)  The eligibility agency shall stamp the date of receipt on the signed application on the same day the eligibility agency receives the application by mail, hand-delivery, facsimile or electronically.

 (b)  The eligibility agency shall determine a family’s eligibility and authorize payment for subsidized child care no later than 10 calendar days following verification of all factors of eligibility. The eligibility agency may not delay a determination of eligibility beyond 30 calendar days following receipt of a signed application from the parent or caretaker.

 (a)  If the eligibility agency determines a family eligible for subsidized child care and if funding is available, coverage of child care costs is retroactive to the date the family submitted a signed application.

 (a)  The eligibility agency shall notify the parent or caretaker of the family’s eligibility status within 30 calendar days of receiving a signed application.

 (a)  If the eligibility agency determines a family eligible for subsidized child care and if funding is available, the parent or caretaker shall attend a face-to-face interview with the eligibility agency no later than 30 calendar days following the date the eligibility agency notifies the family of eligibility for subsidized child care.

 (b)  If the eligibility agency determines a family eligible for subsidized child care and if funding is not available at the time of the eligibility determination, the parent or caretaker shall attend a face-to-face interview with the eligibility agency no later than 30 calendar days following the date the first child from a family is enrolled in subsidized child care.

 (c)  The eligibility agency shall accommodate the parent’s or caretaker’s work hours in scheduling the interview.

 (d)  The eligibility agency may extend the 30-day time frame for the face-to-face interview if, on or before the 30th calendar day, the parent or caretaker claims hardship due to conflicts with the parent’s or caretaker’s working hours, transportation problems or illness of the parent or caretaker or another family member. At the time the parent or caretaker claims hardship, the eligibility agency may grant an additional 30 days from the date the hardship is claimed for the interview.

 (a)  A parent or caretaker may report a change in circumstances whenever a change occurs.

 (b)  A parent or caretaker shall report the following changes to the eligibility agency no later than 10 calendar days following the date of the change:

   (1)  Loss of work, including layoffs or strikes.

   (2)  Decrease in the hours of work, education or training below an average of 20 hours per week.

   (3)  A change in the number of days or hours for which subsidized child care is needed.

   (4)  Onset of maternity, paternity or adoption leave and return to work following leave.

   (5)  Onset of a disability and return to work following disability.

   (6)  Change of address.

   (7)  Change in family composition.

 (a)  The eligibility agency shall complete a partial redetermination of eligibility if the parent or caretaker reports a change as specified in §  3041.127 (relating to parent and caretaker report of change). A co-payment is not reassessed during a partial redetermination.

 (b)  The partial redetermination shall be completed by the eligibility agency no later than 10 calendar days from the date the parent or caretaker reports and verifies a change.

 (c)  The eligibility agency shall establish a new redetermination date to review eligibility if the information obtained during a partial redetermination indicates one of the following:

   (1)  The family’s financial or nonfinancial status is expected to change in a manner that affects eligibility or co-payment.

   (2)  A parent or caretaker has a disability and the disability is anticipated to end prior to the family’s redetermination date.

   (3)  A parent’s or caretaker’s work is seasonal or temporary.

   (4)  A parent’s or caretaker’s education ends prior to the family’s redetermination date.

   (5)  A parent or caretaker begins maternity, paternity or adoption leave or a parent’s or caretaker’s maternity, paternity or adoption leave changes or ends prior to the family’s redetermination date.

   (6)  A waiver of eligibility or verification requirement is granted due to domestic violence as specified in §  3041.91 (relating to general domestic violence waiver requirements).

 (d)  If a parent or caretaker reports a change in the factors affecting financial or nonfinancial eligibility that does not cause a change in the co-payment or in the eligibility determination, the eligibility agency is not required to complete a partial redetermination.

 (e)  The eligibility agency shall retain in the family file the information used in the partial redetermination.

 (f)  If the parent or caretaker reports a change that results in the family or a child in the family becoming ineligible for subsidy, the eligibility agency shall take the necessary steps to terminate the subsidy with proper notification to the family, under §  3041.165 (relating to notice of adverse action).

 (a)  The eligibility agency shall complete a redetermination of eligibility every 6 months and establish the family’s next redetermination date.

 (b)  Prior to the redetermination, the eligibility agency shall do the following:

   (1)  Provide the parent or caretaker with the Department’s form listing the following information last reported for each parent or caretaker or child in the family:

     (i)   Earned income.

     (ii)   Unearned income.

     (iii)   Hours of work, education and training.

     (iv)   Family composition.

     (v)   Address.

   (2)  Request that the parent or caretaker verify the family’s current earned income.

   (3)  Verify the following factors only if the parent or caretaker reports a change:

     (i)   Unearned income.

     (ii)   A decrease in hours of work, education or training to fewer than 20 hours per week.

 (a)  No earlier than 6 weeks prior to redetermination, the eligibility agency shall send the family a form that lists the factors that will be reviewed for the redetermination of eligibility and explain the verification that will be needed to complete the redetermination.

 (b)  If the parent or caretaker submits only some of the required verification elements prior to the redetermination, the eligibility agency shall request in writing that the parent or caretaker submit the additional verification no later than the family’s redetermination date.

 (c)  The eligibility agency shall retain a copy of the notification in the family file.

 (d)  The eligibility agency shall send a written notice to the parent or caretaker regarding failure to provide required verification only after the family’s redetermination date.

 (a)  A parent or caretaker may request the eligibility agency to terminate subsidy.

 (b)  Upon receipt of a request to terminate subsidy, the eligibility agency shall take steps to terminate the family’s eligibility.

 (a)  If funds are not available to enroll a child following determination of the family’s eligibility for subsidy, the eligibility agency shall place an eligible child on a waiting list on a first-come, first-served basis. Placement on the waiting list must be determined by the date and time eligibility for the child was determined.

 (b)  If a parent or caretaker requests subsidized child care for an additional child following the date the family was initially determined eligible for subsidized child care, the additional child shall be placed on the waiting list according to the date and time that the parent or caretaker requests care for the additional child.

 (c)  If a parent or caretaker does not select an eligible provider and enroll the child for child care no later than 30 calendar days following the date funding is available, the child will not be eligible for subsidy and will be removed from the waiting list.

 (d)  If a family was determined eligible and placed on the waiting list more than 6 months prior to the date that funding became available to enroll the child in subsidized child care, the eligibility agency shall complete a redetermination prior to enrollment and confirm that the family is eligible for subsidized child care.

   This section cited in 55 Pa. Code §  3041.51 (relating to Head Start expansion program); and 55 Pa. Code §  3041.52 (relating to prekindergarten program).

FORMER TANF FAMILIES

§ 3041.141. General former TANF families provisions.

 (a)  A family that is no longer eligible for TANF cash assistance benefits or a family that voluntarily left TANF and meets the eligibility requirements specified in this chapter may qualify for subsidized child care.

 (b)  The eligibility agency shall review the information received from the CAO about a parent or caretaker who formerly received TANF benefits.

 (c)  The eligibility agency shall determine the date TANF benefits ended and establish the 183-day period after eligibility for TANF ends, within which the parent or caretaker may receive child care benefits.

 (d)  Eligibility shall begin the day following the date TANF benefits ended and shall continue for 183 consecutive days.

 (e)  The parent or caretaker may request child care benefits at any time during the 183-day period after eligibility for TANF ended.

 (f)  A child should not be placed on a waiting list if a former TANF parent or caretaker requests subsidized child care for a child any time prior to 184 calendar days after TANF benefits ended.

 (a)  During the 183-day period after eligibility for TANF benefits ended or after a family voluntarily left TANF, a parent or caretaker shall meet only the following conditions:

   (1)  The parent or caretaker shall meet the work requirements as specified in §  3041.43 (relating to work, education and training). The minimum work-hour requirement does not apply if the loss of TANF benefits was due to earnings from work in excess of the income limit for the TANF program.

   (2)  The parent’s or caretaker’s annual income may not exceed 235% of the FPIG.

   (3)  The parent or caretaker shall select an eligible child care provider as specified in §  3041.13(a) (relating to parent choice).

   (4)  The parent or caretaker shall make timely payment of the co-payment as specified in §  3041.101 (relating to general co-payment requirements).

 (b)  A former TANF parent or caretaker who is transferred to the eligibility agency by the CAO or who applies for subsidized child care during the 183-day period after eligibility for TANF ended as specified in subsection (a), should not be placed on a waiting list.

 (c)  On the 184th day after eligibility for TANF ended, the period of former TANF eligibility ends and the parent or caretaker shall meet the requirements of this chapter.

 (d)  No later than the 184th calendar day after TANF benefits ended, the eligibility agency shall complete a redetermination of eligibility and establish the family’s next redetermination date.

 (a)  If the eligibility agency determines that a parent or caretaker met the requirements in §  3041.142 (relating to general requirements for former TANF families) and was receiving child care on the date TANF benefits ended, the eligibility agency shall notify the parent or caretaker and the provider by letter of the following:

   (1)  The parent or caretaker is eligible for subsidized child care benefits on or before the 183-day period after TANF benefits ended, but will be subject to a redetermination of eligibility no later than the 184th day after TANF benefits ended.

   (2)  The parent or caretaker shall contact the eligibility agency to establish that the parent or caretaker continues to need child care.

 (b)  If the eligibility agency determines that a parent or caretaker was not receiving child care or cannot determine whether the parent or caretaker was receiving child care on the date TANF benefits ended, the eligibility agency shall notify the parent or caretaker by letter of the following:

   (1)  The parent or caretaker may be eligible for child care benefits.

   (2)  The parent or caretaker may contact the eligibility agency if child care is needed during the 183-day period after TANF benefits ended.

   (3)  Eligibility for subsidized child care is assured if the minim