Section 707.210 - Employment Services Program Support Services(A)(1)Child Care Referral Eligibility. The Department of Transitional Assistance determines eligibility referrals for child care services for individuals who have an approved Employment Development Plan (EDP) or an Extension Agreement and who meet the participation requirements of 106 CMR 707.115, or who are former clients in accordance with 106 CMR 707.210(A)(1)(f). The following individuals shall be eligible for child care referral services: (a) an employed TAFDC grantee or a teen parent who is not the grantee who: 1. is included in the assistance unit; or2. would be included in the assistance unit, but for a sanction due to noncooperation with the TAFDC child support requirements in accordance with 106 CMR 703.500: TAFDC Cooperation with Child Support Requirements or immunization requirements in accordance with 106 CMR 703.160: TAFDC Immunizations and who is required to meet the Work Program requirements in accordance with 106 CMR 703.150: TAFDC Work Program. Referral for such child care services may be authorized as long as the individual is employed and receives TAFDC;
(b) a TAFDC grantee, or a teen parent who is not the grantee who is required to participate in an ESP component activity or has volunteered to participate in an ESP component activity, including self-initiated educational activities included on the individual's EDP who: 1. is included in the assistance unit; or2. would be included in the assistance unit, but for a sanction due to noncooperation with the TAFDC child support requirements in accordance with 106 CMR 703.500: TAFDC Cooperation with Child Support Requirements or immunization requirements in accordance with 106 CMR 703.160: TAFDC Immunizations and who is required to meet the Work Program requirements in accordance with 106 CMR 703.150: TAFDC Work Program;(c) a teen parent receiving SSI or a teen parent for whom state and/or federal foster-care maintenance payments are being provided, and the teen parent receives TAFDC for his or her children;(d) a grantee who is no longer receiving TAFDC benefits, but is meeting the participation requirements for an ESP education or training activity that began before the TAFDC case closed. These child care services will end on the date the ESP education or training activity ends or six months after the date the TAFDC case closed, whichever date is sooner;(e) a TAFDC grantee who is ineligible because of his or her noncitizen status, but who is required by the Department to participate in the ESP TAFDC Community Service component in accordance with 106 CMR 703.150(A): Requirements;(f) a former TAFDC grantee who is currently employed and whose TAFDC case closed within the prior 12 months. A grantee who is terminated from TAFDC shall be eligible to receive a referral for Transitional Child Care (TCC) services at any time during the 12 consecutive months from the date the TAFDC case closed regardless of his or her ESP participation when: 1. he or she is employed at the time of the TCC referral;2. he or she cooperates with the child support enforcement requirements, unless good cause for refusing to cooperate is determined to exist in accordance with 106 CMR 703.520: TAFDC Establishment of Good Cause; and3. all necessary information to determine eligibility for a TCC referral is provided; and(g) an individual who is ineligible for TAFDC in accordance with 106 CMR 701.110(D), but has a dependent child receiving TAFDC benefits, and the individual is: 2. required to meet the Work Program requirements in accordance with 106 CMR 703.150: TAFDC Work Program; or3. required to participate in an ESP component or has volunteered to participate in an ESP component, including self-initiated educational activities included on the individual's EDP. If child care payment is provided by some other source, such as child care provided as part of a WIA Title I-funded education, skills training program or VISTA, the individual shall not be eligible for a child care referral from the Department.
(2)Child Care Referral Authorization While Waiting to Start an Activity. A child care referral may be authorized for no more than two weeks while a client is waiting to start an activity. A child care referral may be authorized for no more than one month when existing child care arrangements would be lost while the client is scheduled to begin a new component activity or resume a current activity within the month.
These provisions cover:
(a) individuals who are eligible for child care referral services;(b) individuals who are work-sanctioned and trying to cure the sanction; and(c) individuals who have applied for an extension of benefits beyond the 24-month period in accordance with 106 CMR 703.210: TAFDC Dependent Child: Pregnancy and who are meeting the Job Search/Job Readiness component requirements as provided in 106 CMR 707.130.(3)Child Care Eligibility for ESP Participants, Employed Clients or Employed Former Clients. An ESP participant, employed client or employed former client may receive a referral for child care services for his or her dependent child, including a foster child, when the child is in the home and is: (a) younger than 13 years old;(b) 13 years of age or older and physically or mentally incapable of caring for himself or herself, as certified by a competent medical authority as defined in 106 CMR 701.600: Definition of Terms;(c) under court supervision; or(d) a child receiving SSI who, except for SSI eligibility, would be eligible for TAFDC.(4)Sources, Authorization and Payment of Child Care Services. Child care services are authorized, arranged, and coordinated by designated agencies contracted with the Department of Early Education and Care (EEC). The child care options are explained to the individual by the contracted agencies. Payment for child care services is made by EEC, in accordance with EEC regulations and policies.(5)Verification. An ESP participant, employed client or former client as described in 106 CMR 707.210(A)(1), must verify his or her ESP participation or wages to the Department at time periods determined by the Department on a form prescribed by the Department and signed by the employed client or former client, or the ESP participant and the ESP component activity provider.(6)Termination or Reduction of Child Care, or Denial of Child Care Referral. The Department may terminate or reduce child care, or deny a referral for child care services for circumstances including, but not limited to, the following:(a) the ESP participant no longer meets the participation requirements as provided in 106 CMR 707.115; or(b) the former client is no longer employed. When the Department terminates or reduces child care, the Department shall send the client or former client and the local agency contracted with EEC a timely notice of the termination or reduction in accordance with 106 CMR 343.140: Time Limits. The client or former client may appeal any reduction or termination of child care eligibility, in accordance with 106 CMR 343.230: Grounds for Appeal and 106 CMR 343.250: Continuation of Benefits Pending Appeal. When an appeal is received within the advance notice period, the benefits may be provided in accordance with 106 CMR 343.250, and 106 CMR 343.640: Implementation of the Appeal Decision. Assistance provided pending the appeal is subject to recoupment by EEC. The client or former client may not appeal to the Department any issue regarding payment for child care.
When a referral for child care services is denied, the applicant, client, or former client shall be sent a notice of denial and of the right to appeal in accordance with 106 CMR 343.00: Fair Hearing Rules.
The only appealable issue shall be whether or not the applicant, client or former client is eligible for a referral for child care services as provided in 106 CMR 707.210(A).
(B)Transportation Payments.(1)Eligibility. Transportation payments are available to ESP participants who have an approved EDP, subject to available funding, and the participant is: (a) meeting the participation and verification requirements as provided in 106 CMR 707.115;(b) not receiving or eligible to receive transportation payments for the same costs from some other source, such as a WIA Title I-funded program or an educational loan or grant; and(c) meeting participation requirements in an ESP education or training activity whose duration has lasted beyond the end of his or her 24-month time-limited benefits. These payments shall last no longer than 60 days beyond the end of the 24-month time-limited benefits period.(2)Allowable Costs. Allowable costs for transportation payments may be reimbursed to eligible ESP participants. (a) Participants who use the Massachusetts Bay Transportation Authority (MBTA) system shall be reimbursed for the verified costs to the participant to go to and from the activity. The payments may also include the participant's verified costs of transporting a dependent to and from child care. A month's reimbursement payment is based on the participant's verified actual participation for that month. The total payment reimbursed for the month, however, shall not exceed an amount allowed by the Department.(b) Participants who do not use the MBTA system, but use, for example, the participant's own or some other person's automobile, shall be reimbursed for the verified transportation costs to and from the activity based on his or her verified participation. The payments may also include the participant's verified costs of transporting a dependent to and from child care. The total transportation payment reimbursed for the month, however, shall not exceed an amount allowed by the Department.(3)Verification.(a) Transportation costs may be paid to the individual at the start of the activity or employment in advance of their verified participation. The activity or employment scheduled start date shall be verified by the activity provider or employer. An advance transportation payment shall be calculated based on the scheduled start date, the number of days the individual is scheduled to participate in the activity or work for the first month and the MBTA fare or other transportation method costs to and from the activity.(b) Thereafter, for reimbursed transportation payments, verification of participation in the activity as provided 106 CMR 707.210(B)(1) or employment for current clients shall be in a manner prescribed by the Department. An activity participation form must be signed by the participant and by the activity provider.(4)Payment of Transportation Costs. Payment of transportation costs shall only be made to the participant provided he or she is responsible for paying transportation costs. The total transportation payment is limited to a maximum monthly amount allowed by the Department.
Adopted by Mass Register Issue 1360, eff. 3/9/2018.Amended by Mass Register Issue 1396, eff. 5/15/2019.