Section 10.03 - General ProvisionsThe following general provisions apply to all child care financial assistance administered by EEC, unless otherwise stated.
(1)Eligibility. (a)Family Composition and Size. Prior to issuing a child care financial assistance authorization, Family Access Administrators shall verify, through documentary evidence in accordance with EEC policy, the family size and household composition of the applicant by verifying the relationship of each child younger than 18 years old, or younger than 24 years old if the child is a full-time student, who resides in the household and is financially dependent on the parent(s) applying for child care financial assistance. Documents that reasonably establish the family composition and size shall be acceptable. Parents of young parents may include the young parent and their child(ren) in the applicant's family size provided that the young parent is not receiving EEC financial assistance for their child(ren).(b)Identity. Prior to the initial authorization, the Family Access Administrator shall verify, through documentary evidence in accordance with EEC policy, the identity of each parent(s) applying for child care financial assistance. Required documentary evidence shall contain a photo of the applicant. If a parent cannot provide documentary evidence with a photo of the applicant, a parent may submit a combination of two secondary documents without photos to verify the identity of the applicant, in accordance with EEC policy. Secondary documents that reasonably establish identity shall be acceptable.(c)Residency. The Family Access Administrator must verify, through documentation in accordance with EEC policy, that families seeking child care assistance reside in a Massachusetts household because financial assistance administered by EEC is available only to residents of the Commonwealth of Massachusetts. Documents that reasonably establish residency in Massachusetts shall be acceptable.(d)Citizenship or Immigration Status. In accordance with federal law, the Family Access Administrator shall verify, through documentary evidence in accordance with EEC policy, the United States citizenship status or immigration status of each child for whom care is requested. Any documents that reasonably establish the citizenship or immigration status of the child must be accepted, and no requirement for a specific type of documentation may be imposed. No child shall be denied child care financial assistance based solely on an applicant's failure to demonstrate citizenship or immigration status without final review by EEC.(e)Eligibility Periods. Families shall be eligible for authorizations of a minimum of 12 months, and renewal is subject to the family's continued eligibility for child care financial assistance. Family Access Administrators shall notify families no fewer than two times that their eligibility period is ending. At least one of these notifications shall be in writing and shall be provided no fewer than 60 days prior to the end of their eligibility period.(f)Contact Information. To ensure continued eligibility for child care financial assistance, parents must maintain current contact information, if any, with the Family Access Administrator and as directed in accordance with EEC policy. A family experiencing homelessness who does not have an address or telephone number must maintain as much current contact information as possible with the Family Access Administrator.(g)Reauthorization. Prior to the end of the current authorization period, families must provide current documentation of continued income eligibility and service need to their Family Access Administrator, and shall provide documentation verifying their residency only if it has changed since their last reauthorization. Such documentation must be provided within a reasonable time prior to the authorization end date so that the authorization can be completed before the end of the current authorization. Parents who lose their approved activity during the last 30 days prior to reauthorization may be granted a 12-week provisional authorization to seek and certify an approved activity in accordance with 606 CMR 10.04(2)(b)2. Parents who lose their approved activity during the last 30 days prior to reauthorization may be granted a 12-week provisional authorization to seek and certify an approved activity in accordance with 606 CMR 10.04(2)(b)2.
(h)Current Eligibility Information. Parents receiving child care financial assistance must notify their Family Access Administrator when there is a change in circumstances as follows:1.Reporting Changes.a.During the Authorization Period. A parent must notify their Family Access Administrator within 30 days of such a change. i. The family's income exceeding 85% SMI;ii. An out of state change of address;iii. A change in contact information; oriv. Loss of employment or cessation of attendance at a job training or educational program that lasts for more than 12 weeks. The parent shall be entitled to a 12-week period from the time the parent reports such a loss of employment or cessation of attendance at job training or an educational program to certify a new approved activity. If documentation of a new approved activity is not provided prior to the end of the 12-week period, child care financial assistance may be terminated. Failure to notify the Family Access Administrator of these changes within 30 days of each such change may result in an IPV, and may be subject to disqualification pursuant to 606 CMR 10.12.
b.At Reauthorization. A parent shall report all other changes at reauthorization. Failure to report these changes at reauthorization will not result in an IPV or disqualification. A parent may voluntarily choose to report a change prior to reauthorization if it will benefit the family to do so.(i)Child Attendance. In order to remain eligible for a child care financial assistance, all children receiving EEC financial assistance shall attend the early education and care program, in accordance with the terms of the child care authorization. A non-approved break in care may result in the termination of child care financial assistance in accordance with 606 CMR 10.10.(j)Data Sharing. For purposes of program integrity and in an effort to establish front end detection necessary to combat fraud, waste, and abuse, EEC may use data collected from child care financial assistance applicants to conduct data matches with other governmental entities. If data matches demonstrate inconsistencies with the statements or documents submitted by the child care applicant(s), the Family Access Administrator or EEC may request additional documentation. Failure to resolve the inconsistencies may result in the termination of an applicant's child care financial assistance, in accordance with 606 CMR 10.10.(2)Fees. Parents receiving child care financial assistance may be required to contribute to the cost of the child care services they receive, in accordance with a sliding fee scale established by EEC.(a)Parent Fee Scale. In accordance with M.G.L. c. 15D § 2(e) and pursuant to 45 CFR 98.45, EEC shall establish a schedule for revising its parent fee scale within six months of its most recent market rate survey or a federally-approved and adopted alternative methodology.(b)How Fees Are Assessed for Siblings. Fees for siblings will be assessed in accordance with EEC policy.(c)Additional Fees. No additional fees may be charged to parents, except in accordance with EEC policy.(d)Reauthorizations. Fee obligations will be reviewed every 12 months or sooner in accordance with the parent's mandatory reporting requirements pursuant to 606 CMR 10.03(1)(h), or voluntary reporting by a parent.(e)Payment and Collection.1. Parent fees must be paid on a payment schedule in accordance with EEC policy.2. Educators/Providers are responsible for collecting parent fees in a timely fashion and must take appropriate action if parents fail to pay fees as required. Educators/providers who allow parents to accrue balances in excess of the value of three weeks of parent fees may be responsible for the balance.(3)Priority in Funding.(a) Children will be authorized for child care financial assistance in accordance with priorities and policies established by EEC, and subject to available funding.(b) Parents whose eligibility for a specific EEC financial assistance program is ending have priority for access to other EEC financial assistance over parents who have not previously received EEC child care financial assistance. In order to maintain priority access and facilitate transition to another financial assistance program, a parent must provide documentation in accordance with 606 CMR 10.03(1).(4)Location of Care. Child care financial assistance may only be used for care provided within the Commonwealth of Massachusetts, unless exempted in accordance with EEC policy.(5)Non-discrimination. EEC and its agents shall not discriminate against any child care financial assistance applicant or recipient on the basis of age, sex, gender identity, race, ethnicity, religion, color, national origin, disability, sexual orientation, military status or status as a veteran, or pregnancy or a condition related to pregnancy. All activities conducted by EEC and its agents must be carried out in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d, et seq.), Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), the Americans with Disabilities Act of 1990, as amended, the Age Discrimination Act of 1975, as amended (42 U.S.C. § 6101, et seq.), and the Massachusetts Constitution.(6)Confidentiality. EEC and its agents shall maintain and handle a child care financial assistance applicant or recipient's personal information in a manner that complies with all state and federal laws concerning the confidentiality of information, including M.G.L. c. 66A; M.G.L. c. 93H; 801 CMR 3.00: Privacy and Confidentiality; and 201 CMR 17.00: Standards for the Protection of Personal Information of Residents of the Commonwealth. Notwithstanding the prior sentence, EEC reserves the right to disclose an applicant or recipient's personal information to an appropriate agency without the prior consent of the subject of the personal information if EEC determines that such disclosure is necessary to prevent a serious threat to the health or safety of an individual.Amended by Mass Register Issue 1385, eff. 2/22/2019.Amended by Mass Register Issue 1505, eff. 9/29/2023.