Section 18084 - Documentation of Eligibility: Income and Family Fees(a) The parent shall obtain and provide documentation of the family's total countable income for the purposes of determining whether a family is income eligible and/or assessing the appropriate family fee, as applicable. The parent(s) shall provide documentation of total countable income for all the individuals counted in the family size as follows:(1) If the parent is employed, the parent shall provide:(A) A release authorizing the contractor to contact the employer(s) that includes, to the extent known, the employer's name, address, telephone number, and usual business hours; and(B) Payroll check stubs, or an independently drafted letter from the employer, or other record of wages issued by the employer from either month of the two-month window immediately preceding the initial certification, or the recertification of eligibility for services.(2) When the employer refuses or fails to provide requested documentation or when the parent states a request for documentation would adversely affect the parent's employment, the parent shall obtain and provide other means of verification that may include a list of clients and amounts paid, the most recently signed and completed tax returns, quarterly estimated tax statements, or other records of income to support the reported income, along with a self-certification of income.(3) If the parent is self-employed, the parent shall obtain and provide a combination of documentation necessary to establish current income eligibility from either month of the two-month window immediately preceding the initial certification, or the recertification of eligibility for services. Documentation shall consist of a self-certification of income as defined in section 18078, and as many of the following types of documentation as reasonably necessary to determine income: (A) An independently drafted letter from the source of the income; or(B) A copy of the most recently signed and completed tax return with a statement of current estimated income for tax purposes; or(C) Other business records, such as ledgers, receipts, or business logs.(4) If the parent does not have income from employment, the parent shall provide a self-certification of income as defined in section 18078.(5) The parent shall also provide documentation of all non-wage income, which includes, self-certification of any income for which no documentation is possible, and any verified child support payments as defined in section 18078(a) of this chapter.(b) The contractor shall:(1) Retain copies of the documentation of total countable income and adjusted monthly income, in the family data file.(2) When the parent is employed, verify the parent's salary/wage; rate(s) of pay; hours and days of work; inconsistent and/or unstable hours and days of work; pay periods and frequency of pay; and the start date for the employee.(3) When the parent is self-employed, make a record of independent verification regarding the cost for services provided by the parent that may be obtained by contacting clients, or confirming the information in the parent's advertisements or website. If the income cannot be independently verified, the contractor shall assess whether the reported income is reasonable or consistent with the community practice for this employment.
(4) Establish income eligibility and/or family fee by signing the application for services, certifying to the contractor's reasonable belief that the income documentation obtained and, if applicable, the self-certification of income, support the reported income, are reliable, and are consistent with all other family information and the contractor's knowledge, if applicable, of this type of employment or employer.(c) If the family is receiving early learning and care services because the child(ren) is/are at risk of abuse, neglect, or exploitation or receiving child protective services, and the written referral pursuant to sections 18081 and 18092 specifies that it is necessary to exempt the family from paying a family fee, then the parent shall not be required to provide documentation of total countable income.(d) Using the income calculation pursuant to this section and family size determination pursuant to section 18083.1, contractors shall, as applicable, assess a family fee.Cal. Code Regs. Tit. 5, § 18084
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Amendment of subsections (a) and (c), new subsection (e) and amendment of NOTE filed 5-6-2005 as an emergency; operative 5-6-2005 (Register 2005, No. 18). A Certificate of Compliance must be transmitted to OAL by 9-6-2005 or emergency language will be repealed by operation of law on the following day.
3. Reinstatement of section as it existed prior to emergency amendment filed 10-14-2005 by operation of Government Code section 11346.1(f). Certificate of Compliance as to 5-6-2005 order transmitted to OAL 9-2-2005; disapproved by OAL and order of repeal as to 5-6-2005 order filed on 10-14-2005 (Register 2005, No. 41).
4. Amendment filed 10-14-2005 as an emergency; operative 10-14-2005 (Register 2005, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-13-2006 or emergency language will be repealed by operation of law on the following day.
5. Reinstatement of section as it existed prior to 10-14-2005 emergency amendment by operation of Government Code section 11346.1(f) (Register 2006, No. 20).
6. Amendment of section heading and section filed 8-16-2007; operative 9-15-2007 (Register 2007, No. 33).
7. Amendment of section heading, section and NOTE filed 5-21-2021; operative 7-1-2021 (Register 2021, No. 21). Note: Authority cited: Sections 8261, 8263 and 8269, Education Code. Reference: Sections 8261, 8263, 8263.1, 8273 and 8273.1, Education Code.
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Amendment of subsections (a) and (c), new subsection (e) and amendment of Note filed 5-6-2005 as an emergency; operative 5-6-2005 (Register 2005, No. 18). A Certificate of Compliance must be transmitted to OAL by 9-6-2005 or emergency language will be repealed by operation of law on the following day.
3. Reinstatement of section as it existed prior to emergency amendment filed 10-14-2005 by operation of Government Code section 11346.1(f). Certificate of Compliance as to 5-6-2005 order transmitted to OAL 9-2-2005; disapproved by OAL and order of repeal as to 5-6-2005 order filed on 10-14-2005 (Register 2005, No. 41).
4. Amendment filed 10-14-2005 as an emergency; operative 10-14-2005 (Register 2005, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-13-2006 or emergency language will be repealed by operation of law on the following day.
5. Reinstatement of section as it existed prior to 10-14-2005 emergency amendment by operation of Government Code section 11346.1(f) (Register 2006, No. 20).
6. Amendment of section heading and section filed 8-16-2007; operative 9-15-2007 (Register 2007, No. 33).
7. Amendment of section heading, section and Note filed 5-21-2021; operative 7/1/2021 (Register 2021, No. 21).