8 Colo. Code Regs. § 1403-1-3.103

Current through Register Vol. 48, No. 1, January 10, 2025

Section 8 CCR 1403-1-3.103 - DEFINITIONS

A. "Accused individual" means:

1. An adult caretaker, teen parent, or child care provider who is being accused of committing fraud or a fraudulent criminal act; or

2. An adult caretaker or teen parent who is being accused of committing an Intentional Program Violation.

B. "Additional care needs" means a child who has a physical and/or mental disability and needs a higher level of care on an individualized basis than that of his/her peers at the same age; or, who is under court supervision, including a voluntary out-of-home placement prior to or subsequent to a petition review of the need for placement (PRNP), and who has additional care needs identified by an individual health care plan (IHCP), individual education plan (IEP), physician's/professional's statement, child welfare, or individualized family service plan (IFSP).

C. "Adult caretaker" means a person in the home who is financially contributing to the welfare of the child and is the parent, adoptive parent, step-parent, legal guardian, or person who is acting in "loco parentis" and has physical custody of the child during the period of time child care is being requested.

D. "Adverse action" means any action by the counties or their designee which adversely affects the adult caretaker or teen parent's eligibility for services, or the Child Care Provider's right to payment for services provided and authorized under the CCCAP.

E. "Affidavit" means a voluntary written declaration reflecting the personal knowledge of the declarant.

F. "Applicant" means the adult caretaker(s) or teen parent(s) who sign(s) the application form and/or the redetermination form.

G. "Application" is a Department-approved form that may include, but is not limited to:

1. An original Department-prescribed low-income child care application, which is the first application for the CCCAP filed by the adult caretaker(s) or teen parent; or

2. At the option of the county, any application for another public assistance program.

H. "Application date" means the date that the county receives the signed application.

I. "Application date for pre-eligibility determinations" means the date that the application is received from the Child Care Provider or Applicant by the county.

J. "Application process" means all of the following:

1. The Department-prescribed, signed low-income child care application form completed by the adult caretaker or teen parent, which includes appeal rights; or any application from another public assistance program. Counties with Head Start programs may accept the Head Start application in lieu of the Low-Income Child Care application for those children enrolled in the Head Start program;

2. The required verification supporting the information declared on the application form; and

3. As a county option, an orientation or interview for new applicants may be required. Counties shall ensure that, if the county chooses to incorporate an orientation or interview into their application process, the orientation or interview process is not burdensome to families by allowing a family to complete the process via phone or electronic tools or by offering extended office hours to hold the orientation or interview.

K. "Assets" include but are not limited to the following:

1. Liquid resources such as cash on hand, money in checking or savings accounts, saving certificates, stocks or bonds, lump sum payments as specified in rule section 3.111(H)(3).

2. Non-liquid resources such as any tangible property including, but not limited to, licensed and unlicensed automobiles and motorcycles; utility trailer; seasonal or recreational vehicles (such as any camper, motor home, boat, snowmobile, water skidoo, or airplane); and real property (such as buildings, land, and vacation homes). Primary home and automobile of the primary caretakers are excluded.

L. "Attestation of mental competence" means a signed statement from a Qualified Exempt Child Care Provider declaring that no one in the home where the care is provided has been determined to be insane or mentally incompetent by a court of competent jurisdiction; or specifically that the mental incompetence or insanity is not of such a degree that the individual cannot safely operate as a Qualified Exempt Child Care Provider.

M. "Attendance tracking system (ATS)" means the system used by adult caretakers, teen parents, or another individual delegated by the adult caretaker or teen parent to access benefits and to record child attendance for the purposes of paying for authorized and provided child care.

N. "Authorization" or "Authorized care" means the amount and length of time a child is eligible to receive care by licensed or qualified exempt child care providers to whom social/human services will authorize payment.

O. "Authorization start date" means the date from which payments for child care services are eligible to be paid by the county.

P. "Base reimbursement rate" means the regular daily reimbursement rate paid by the county to the child care provider. This does not include the increase of rates of reimbursement for high-quality early childhood programs. Base reimbursement rates do not include absences, holidays, registration fees, activity fees, and/or transportation fees.

Q. "Basic education" is a Low-Income Child Care eligible activity where an adult caretaker or teen parent is in high school education programs working towards a high school diploma or high school equivalency; Adult Basic Education (ABE); and/or English as a Second Language (ESL).

R. "Cash assistance" means payments, vouchers, and other forms of benefits designed to meet a household's ongoing basic needs such as food, clothing, shelter, utilities, household goods, personal care items, and general incidental expenses. Cash assistance may include supportive services to households based on the assessment completed. All state diversion payments of less than four (4) consecutive months are not cash assistance. For the purpose of child care, county diversion payments are not cash assistance.

S. "Child care authorization notice" means a Department-prescribed form which authorizes the purchase of child care and includes the children authorized for care. The authorization notice will be given to the adult caretaker(s) or teen parent(s) and applicable child care provider(s) in order to serve as notice to the adult caretaker(s) or teen parent(s), and child care provider(s) of approval or change of child care services. Colorado's child care authorization notice(s) are vouchers for the purposes of the CCCAP.

T. "CHATS" means the Child Care Automated Tracking System.

U. "Child care provider" means a child care provider licensed pursuant to Part 3 of Article 5 of Title 26.5 that has an agreement or enrollment contract to participate in CCCAP.

V. "Child Care Resource and Referral Agencies" (CCR&R) means agencies or organizations available to assist individuals in the process of choosing child care providers.

W. "Child care staff" or "child care technician" means individuals who are designated by counties or their designees to administer all, or a portion of, the CCCAP and includes, but is not limited to, workers whose responsibilities are to refer children for child care assistance, determine eligibility, authorize care, process billing forms, and issue payment for child care benefits.

X. "Child Welfare Child Care" means a child care component within CCCAP where less than twenty-four (24) hour child care assistance is needed to maintain children in their own homes or in the least restrictive out-of-home care when there are no other child care options available. See rule manual Volume 7, rule section 7.302, Child Welfare Child Care (12 CCR 2509-4) (June 1, 2023). The entirety of Volume 7 is herein incorporated by reference. No later editions or amendments are incorporated. These regulations are available at no cost from the Colorado Department of Human Services, 1575 Sherman St., Denver, Colorado 80203, or at https://www.sos.state.co.us. These regulations are also available for inspection and copying at the Colorado Department of Early Childhood, 710 S. Ash Street, Bldg. C, Denver, Colorado 80246, during regular business hours.

Y. "Citizen/legal resident" means a citizen of the United States, current legal resident of the United States, or a person lawfully present in the United States pursuant to Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996, Public Law 104-193; and Federal Register notices 62 Fed. Reg. 61344 (Nov. 17, 1997) and 63 Fed. Reg. 41658 (Aug. 4, 1998). Herein incorporated by reference. No later amendments or editions are incorporated. These documents are available at no cost from the Office of the Federal Register at: 7 G Street, NW, Ste. A-734, Washington, D.C. 20401, or at https://www.federalregister.gov/. These documents are also available for inspection and copying at the Colorado Department of Early Childhood, 710 S. Ash Street, Bldg. C, Denver, Colorado 80246. Since the child is the beneficiary of child care assistance, the citizen/legal resident requirement only applies to the child who is being considered for assistance.

Z. "Clear and convincing" means proof that is stronger than a preponderance of the evidence and is unmistakable or free from serious or substantial doubt.

AA. "Colorado Child Care Assistance Program" or "CCCAP" means the public assistance program for child care known as the Colorado Child Care Assistance Program established in Part 1 or Article 4 of Title 26.5. CCCAP is administered by the Department and provides child care benefits to households in the following programs: Low-Income Child Care, Colorado Works Child Care, Protective Services Child Care, and Child Welfare Child Care. The Department is responsible for the oversight and coordination of all child care funds and services.

BB. "Colorado Works Program" is the program administered by the Colorado Department of Human Services in Part 7 of Article 2 of Title 26. Colorado Works is Colorado's Temporary Assistance for Needy Families (TANF) program that provides public assistance to households in need. The Colorado Works program is designed to assist adult caretaker(s) or teen parent(s) in becoming self-sufficient by strengthening the economic and social stability of households.

CC. "Colorado Works Child Care" means a child care component within CCCAP for Colorado Works households with an adult caretaker or teen parent who have been referred for child care by the county Colorado Works worker and are determined work eligible per Colorado Works Program rules located at 9 CCR 2503-6(June 1, 2023), herein incorporated by reference. No later editions or amendments are incorporated. These regulations are available at no cost from the Colorado Department of Human Services, 1575 Sherman St., Denver, Colorado 80203, or at https://www.sos.state.co.us/ccr. These regulations are also available for inspection and copying at the Colorado Department of Early Childhood, 710 S. Ash Street, Bldg. C, Denver, Colorado 80246, during regular business hours.

DD. "Colorado Works households" means members of the same Colorado Works household who meet requirements of the Colorado Works program, through receipt of basic cash assistance or state diversion payments while working toward achieving self-sufficiency through eligible work activities and eventual employment where the adult caretaker(s) or teen parent(s) is included in the assistance unit, as defined in The Colorado Works Program Rules (9 CCR 2503-6), incorporated by reference in subsection (BB) of this rule.

EE. "Collateral Contact" means a verbal or written confirmation of a household's circumstances by a person outside the household who has first-hand knowledge of the information, made either in person, electronically submitted, or by telephone.

FF. "Confirmed abuse or neglect" means any report of an act or omission that threatens the health or welfare of a child that is found by a court, law enforcement agency, or entity authorized to investigate abuse or neglect to be supported by a preponderance of the evidence.

GG. "Consumer Education" means information provided to adult caretaker(s) or teen parent(s), child care providers, and the general public that will promote informed child care choices; information on access to other programs in which families may be eligible; and, information on developmental screenings.

HH. "County or Counties" means the county departments of social/human services.

II. "Department" means the Colorado Department of Early Childhood.

JJ. "Disaster" means the occurrence or imminent threat of widespread or severe damage, injury or loss of life or property resulting from any natural cause or cause of human origin, including but not limited to fire, flood, earthquake, wind, storm, wave action, hazardous substance incident, oil spill, or other water contamination requiring emergency action to avert danger or damage, volcanic activity, epidemic, air pollution, blight, drought, infestation, explosion, civil disturbance, hostile military or paramilitary action, or a condition of riot, insurrection, or invasion existing in the state or in any county, city, town, or district in the state.

KK. "Discovery" means that a pertinent fact related to CCCAP eligibility was found by the county to exist.

LL. "Drastic economic change" means an economic impact on the county or state that has a strong or far-reaching effect on the CCCAP.

MM. "Drop in day" means a county-determined number of days that will generate an approval and payment for care utilized outside of the standard authorization.

NN. "Early care and education provider" means a school district or child care provider pursuant to section 26.5-4-103(4), C.R.S.

OO. "Eligible activity,", for the purpose of Low-Income Child Care, means the activity in which the teen parent(s) or adult caretaker(s) are involved. This may include job search; employment; self-employment; training; basic education; or, post-secondary education. For teen parents, training and teen parent education are approved activities for all counties.

PP. "Eligible child" means a child, from birth to the age of thirteen (13) years who needs child care services during a portion of the day, but less than twenty four (24) hours, and is physically residing with the eligible adult caretaker(s) or teen parent(s); or a child with additional care needs under the age of nineteen (19) who is physically or mentally incapable of caring for themselves or is under court supervision and is physically residing with the eligible adult caretaker(s) or teen parent(s). Any child served through the Colorado Works program or the Low-Income Child Care program must be a citizen/legal resident.

QQ. "Emergency" means an unexpected event that places life or property in danger and requires an immediate response through the use of state and community resources and procedures.

RR. "Employment" is a Low-Income Child Care eligible activity where the adult caretaker or teen parent is holding a part-time or full-time job for which wages, salary, in-kind income or commissions are received.

SS. "Enrollment freeze" or "freeze" means when a county ceases enrollment of individuals due to being overspent or being projected to overspend.

TT. "Entry income eligibility level" means the level set by the Department for each county above which an adult caretaker(s) or teen parent(s) is not eligible at original application.

UU. "Equivalent full-time units" mean all part-time units times a factor of .55 to be converted to full-time units. The full-time equivalent units added to the other full-time units shall be less than thirteen (13) in order to be considered part-time for parent fees.

VV. "Exit income eligibility level" is the income level at the twelve (12) month re-determination of eligibility above which the county may deny continuing eligibility and is eighty-five percent (85%) of the Colorado state median income as outlined in rule section 3.111(H).

WW. "Fair market value" means the median resale market value an item or service.

XX. "Families experiencing homelessness" means families who lack a fixed, regular, and adequate nighttime residence and at least one of the following:

1. Children who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, or camping grounds due to the lack of alternative accommodations; are living in emergency or transitional shelters;

2. Children who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings;

3. Children who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; or

4. Migratory children who qualify as experiencing homelessness for the purposes of these rules because the children are living in circumstances described in this definition (1) through (3), of this rule subsection.

YY. "Federal poverty level" (FPL) or "federal poverty guidelines" (FPG) refers to figures set by the Department annually. These figures, based on gross monthly income levels for the corresponding household size, are included in the table in rule section 3.111(H)(2).

ZZ. "Fingerprint-based criminal background check" means a complete set of fingerprints for the qualified exempt provider and anyone eighteen (18) years of age and older residing in the qualified exempt provider's home; or, for the qualified exempt provider if care is provided in the child's home, taken by a qualified law enforcement agency, and submitted to the Colorado Department of Early Childhood, Division of Early Learning Access and Quality, for subsequent submission to the Colorado Bureau of Investigations (CBI). The individual(s) will also be required to submit a background check with the Federal Bureau of Investigation (FBI). Costs for all investigations are the responsibility of the person whose fingerprints are being submitted unless noted otherwise in the county's plan, which can be found on the Colorado Department of Early Childhood website at https://cdec.colorado.gov/colorado-child-care-assistance-program-for-families, per rule section 3.130.

AAA. "Fiscal agreement" means a Department-approved agreement between counties or their designees and child care provider(s), which defines the maximum rate possible based on county ceiling rates and quality rating tiers, defines provider rights and responsibilities, and defines responsibilities of the counties or their designees to the child care provider(s). The fully executed fiscal agreement includes noticing of county ceiling rates as well as a copy of the provider's CCCAP reimbursement rates. Fiscal agreements must be:

1. One (1) year in length for qualified exempt child care providers

2. Three (3) years in length for licensed child care providers

BBB. "Fraud/Fraudulent criminal act" means an adult caretaker(s), teen parent(s), or child care provider who has secured, attempted to secure, or aided or abetted another person in securing public assistance to which the adult caretaker(s) or teen parent(s) was not eligible by means of willful misrepresentation/withholding of information or intentional concealment of any essential facts. Fraud is determined as a result of any of the following:

1. Obtaining a "waiver of intentional program violation;"

2. An administrative disqualification hearing; or

3. Civil or criminal action in an appropriate state or federal court.

CCC. "Funding concerns" means a determination by the Department or a county that actual or projected expenditures indicate a risk of overspending of that county's available CCCAP allocation in a current fiscal year.

DDD. "Head Start" means a program operated by a local public or private nonprofit agency designated by the Federal Department of Health and Human Services to operate a head start program pursuant to the provisions of Title V of the Federal "Economic Opportunity Act of 1964", as amended.

EEE. "High-quality early childhood program" means a program operated by a child care provider with a fiscal agreement through CCCAP and, that is in the top three levels of the state's quality rating and improvement system, is accredited by a Department-approved accrediting body, or is an early head start or head start program that meets federal standards.

FFF. "Hold slots" means a county determined number of days when payment is allowed for unused care that is in addition to absences, holidays, and school breaks. Hold slots are intended to hold a child's slot with a provider due to extended absence from care.

GGG. "Household" includes: all children in the home who are under eighteen (18) years of age; all children under nineteen (19) years of age who are still in high school and the responsibility of the adult caretaker(s); and the adult caretaker(s) or teen parent(s).

HHH. "In loco parentis" means a person who is assuming the parent obligations for a child, including protecting their rights and/or a person who is standing in the role of the parent of a child without having gone through the formal adoption process. Parent obligations include, but are not limited to, attending parent teacher conferences, regularly picking up and dropping children at child care, and regularly taking the child to doctor appointments.

III. "Incapacitated" means a physical or mental impairment which substantially reduces or precludes the adult caretaker or teen parent from providing care for his/her child(ren) and participating in a Low-Income Child Care eligible activity. Such a condition shall be documented by a physician's statement or other medical verification which establishes a causal relationship between the impairment and the ability to provide child care.

JJJ. "Income eligibility" means that eligibility for child care benefits is based on and determined by measuring the countable household income and size against eligibility guidelines.

KKK. "Inconsistent" means the information provided is unclear or conflicting or the county has reason to believe the facts presented are contrary to the information provided by the adult caretaker(s) or teen parent(s).

LLL. "Intentional Program Violation (IPV)" means an act committed by an adult caretaker(s) or teen parent(s) who has intentionally made a false or misleading statement or misrepresented, concealed or withheld facts for the purpose of establishing or maintaining a Colorado Child Care Assistance Program household's eligibility to receive benefits for which they were not eligible; or has committed or intended to commit any act that constitutes a violation of the child care assistance program regulations or any state statute related to the use or receipt of CCCAP benefits for the purpose of establishing or maintaining the household's eligibility to receive benefits.

MMM. "Involuntarily out of the home" means when an adult caretaker or teen parent is out of the home due to circumstances beyond his/her immediate control to include, but not be limited to, incarceration, resolution of immigration issues, and/or restraining orders.

NNN. "Job search" is a Low-Income Child Care eligible activity where an adult caretaker or a teen parent is actively seeking employment.

OOO. "Low-Income Program" or "Low-Income Child Care" means a child care component within CCCAP for households with an adult caretaker(s) or teen parent(s) who is/are in a low-income eligible activity, income eligible, and not receiving Colorado Works, Child Welfare, or Protective Services child care.

PPP. "Manual Claim" means the child care provider's process of invoicing the county using the Department-prescribed manual claim form for reimbursements that were not processed automatically through CHATS including but not limited to:

1. Care that was authorized and provided;

2. Reimbursable registration fees;

3. Reimbursable activity fees;

4. Reimbursable transportation fees;

5. Reimbursable hold slots;

6. Reimbursable drop in days; and

7. Reimbursable absence payments.

QQQ. "Maternity and/or paternity leave" is a temporary period of absence from the adult caretaker or teen parent's Low-Income Child Care eligible activity that is granted to expectant or new mothers and/or fathers for the birth and care of a newborn child.

RRR. "Medical leave" means a temporary period of absence from the adult caretaker or teen parent's Low-Income Child Care eligible activity that is granted due to a personal illness or injury, or to care for a family member that is not related to maternity/paternity leave.

SSS. "Negative licensing action" means a Final Agency Action resulting in the denial of an application, the imposition of fines, or the suspension or revocation of a license issued pursuant to the Child Care Licensing Act or the demotion of such a license to a probationary license.

TTT. "New employment verification" means verification of employment that has begun within the last sixty (60) days. It is verified by a county form, employer letter, or through collateral contact. Verification includes a start date, hourly wage or gross salary amount, hours worked per week, pay frequency, work schedule (if nontraditional care hours are requested at application or re-determination), and verifiable employer contact information.

UUU. "Non-traditional care hours" means weekend, evening, or overnight care.

VVV. "Originating county" means the county where child care assistance eligibility was initiated in instances where a family receiving low-income child care moves from one county to another during their eligibility period.

WWW. "Overpayment" means child care assistance received by the adult caretaker(s) or teen parent(s), or monies paid to a child care provider, which they were not eligible to receive.

XXX. "Parent" means a biological, adoptive or stepparent of a child.

YYY. "Parent fee or co-payment" means the household's contribution to the total cost of child care paid directly to the child care provider(s) prior to any state/county child care funds being expended.

ZZZ. "Pay stubs" means a form or statement from the employer indicating the name of the employee, the gross amount of income, mandatory and voluntary deductions from pay (i.e. FICA, insurance, etc.), net pay and pay date, along with year-to-date gross income.

AAAA. "Physical custody" means that a child is living with, or in the legal custody of, the adult caretaker(s) or teen parent(s) on the days/nights they receive child care assistance.

BBBB. "Post eligibility stabilization period" means the time frame in which an adult caretaker or teen parent must complete their job search activity if, at Low-Income Child Care re-determination, they have not utilized their entire minimum thirteen (13) week time limited activity.

CCCC. "Preponderance of evidence" means credible evidence that a claim is more likely true than not.

DDDD. "Primary adult caretaker" means the person listed first on the application and who accepts primary responsibility for completing forms and providing required verification.

EEEE. "Protective Services Child Care" means a child care component within CCCAP for children that have been placed by the county in foster home care, kinship foster home care or non-certified kinship care; have an open child welfare case; and, the county has chosen to provide child care services utilizing the Child Care Development Fund (CCDF) rather than the Child Welfare Block Grant.

FFFF. "Prudent person principle (PPP)" means allowing the child care technician to act in a manner consistent with what a reasonable person of ordinary prudence would or would not do under the same or similar circumstances when executing their responsibilities to determine CCCAP eligibility, enter into a fiscal agreement, and reimburse child care providers for care that was not automatically processed through CHATS.

GGGG. "Qualified exempt child care facilities" means a facility that is approved, certified, or licensed by any other department or agency, or federal government department or agency, which has standards for operation of the facility and inspects or monitors the facility; and has been declared exempt from the child care licensing act as defined in Colorado Department of Human Services regulations at 12 CCR 2509-8, rule section 7.701.11 (June 1, 2023). Herein incorporated by reference. No later editions or amendments are incorporated. These regulations are available at no cost from the Colorado Department of Human Services, 1575 Sherman St., Denver, Colorado 80203, or at https://www.sos.state.co.us/ccr. These regulations are also available for inspection and copying at the Colorado Department of Early Childhood, 720 S. Ash Street, Bldg. C, Denver, Colorado 80246, during regular business hours, or at https://www.sos.state.co.us/ccr.

HHHH. "Qualified exempt child care provider" means a family child care home provider who is not licensed but provides care for a child(ren) from the same family; or an individual who is not licensed but provides care for a child(ren) who is related to the individual if the child's care is funded in whole or in part with money received on the child's behalf from the publicly funded CCCAP under Colorado Department of Human Services regulations at rule section 7.701.11, A, 1, b, incorporated by reference in subsection (GGGG), above.

IIII. "Rate notification" means a notification of provider reimbursement rates and applicable registration, activity, or transportation fees that reflect the child care provider's CCCAP reimbursement rate based on the comparison of the county's ceiling rates that are reflected in the current fiscal agreement and the provider's private pay rates, quality level or rate types.

JJJJ. "Receiving county" means the county where child care assistance eligibility is re-determined after a family receiving low-income child care moves from one county to another during their eligibility period.

KKKK. "Recipient" means the individual or family who is receiving or has received benefits from CCCAP pursuant to Part 1 of Article 4 of Title 26.5.

LLLL. "Recovery" means the act of collecting monies when an adult caretaker(s), teen parent(s) or child care provider has received childcare assistance benefits for which they were not eligible, commonly known as an "over payment".

MMMM. "Re-determination (redet) form" is a Department-prescribed form, which includes appeal rights, that is used to determine a household's continued eligibility for Low-Income Child Care at the end of their twelve (12) month minimum eligibility period.

NNNN. "Re-determination (Redet) process" is the process to update eligibility for Low-Income Child Care. This process is completed no earlier than every twelve (12) months and includes:

1. The Department-prescribed re-determination form, which must be completed and signed by the adult caretaker or teen parent or their authorized representative; and

2. The required verification that supports the information declared on the re-determination form that is needed to determine continued eligibility.

OOOO. "Regionally accredited institution of higher education" means a community college, college, or university which is a candidate for accreditation or is accredited by one of the following regional accrediting bodies: Middle States, Association of Colleges and Schools, New England Association of Schools and Colleges, North Central Association of Colleges and Schools, Northwest Commission on Colleges and Universities, Southern Association of Colleges and Schools, Western Association of Schools and Colleges, Accrediting Commission for Community and Junior Colleges.

PPPP. "Relative" means any of the following relationships by blood, marriage, or adoption: parent, grandparent, son, daughter, grandson, granddaughter, brother, sister, stepparent, stepbrother, stepsister, stepson, stepdaughter, uncle, aunt, niece, nephew, or cousin.

QQQQ. "Risk-based audit" means audit selection based on a combination of the likelihood of an event occurring and the impact of its consequences. This may include, but not be limited to, the number, dollar amounts and complexity of transactions; the adequacy of management oversight and monitoring; previous regulatory and audit results; review of the technician's accuracy; and/or reviews for separation of duty.

RRRR. "Self-employment" is a Low-Income Child Care eligible activity where an adult caretaker or teen parent is responsible for all taxes and/or other required deductions from earned income.

SSSS. "Self-sufficiency standard" means the level of income adequate in each county for a given year to meet the cost of basic needs, exclusive of child care costs, based on a verifiable and statistically based third party source.

TTTT. "Slot contracts (county option)" means the purchasing of slots at a licensed child care provider for children enrolled in CCCAP in communities where quality care may not otherwise be available to county-identified target populations and areas or to incentivize or maintain quality. A slot contract is tied to a licensed child care provider and may be filled by any child who is eligible for and receiving CCCAP.

UUUU. "State established age bands" means the breakdown of child age ranges used when determining child care provider base reimbursement rates.

VVVV. "State or local public benefit" means any grant, contract, loan, professional license, or commercial license provided by an agency of a state or local government, or by appropriated funds of a state or local government.

WWWW. "State Median Income" (SMI) refers to figures set by the Department annually. These figures, based on gross monthly income levels for the corresponding household size, are included in the table in rule section 3.111(H)(2).

XXXX. "Substantiated" means that the investigating party has found a preponderance of evidence to support the complaint.

YYYY. "Target population" means a population whose eligibility is determined by criteria different than other child care populations, and has a priority to be served regardless of wait lists or freezes based upon appropriations. Current target populations include:

1. Households whose income is at or below 130% of the current federal poverty guidelines;

2. Teen parents;

3. Children with additional care needs;

4. Families experiencing homelessness; and

5. Segments of population defined by county, based on local needs.

ZZZZ. "Teen parent" means a parent under twenty-one (21) years of age who has physical custody of his/her child(ren) for the period that care is requested and is in an eligible activity such as attending junior high/middle school, high school, GED program, vocational/technical training activity, employment, self-employment, or job search.

AAAAA. "Temporary Absence or Temporary Break" means a period of time when an adult caretaker or teen parent is absent from their employment, self-employment, or education activity due to seasonal work, medical leave, maternity/paternity leave, and holidays or scheduled breaks but still remains employed, self-employed, or enrolled in training or education, while receiving Low-Income Child Care, and will return to the activity after the duration of their leave or break.

BBBBB. "Tiered reimbursement" means a pay structure that reflects increasing rates for high-quality early childhood programs that receive CCCAP reimbursement. These increases are made in addition to the base reimbursement rate.

CCCCC. "Timely written notice" means that any adverse action shall be preceded by a prior notice period of fifteen (15) calendar-days. "Timely" means that written notice is provided to the household and child care provider at least by the business day following the date the action was entered into the eligibility system. The fifteen (15) calendar-day prior notice period constitutes the period during which assistance is continued and no adverse action is to be taken during this time.

DDDDD. "Training and post-secondary education" is a Low-Income Child Care eligible activity where an adult caretaker or teen parent attends educational programs including regionally accredited post-secondary education for a Bachelor's degree or less or a workforce training program such as vocational, technical, or job skills training. Workforce training programs include educational activities after completing basic education.

EEEEE. "Transition families" means households ending their participation in the Colorado Works Program and who are eligible to transition to Low-Income Child Care Assistance.

FFFFF. "Units" or "unit of care" means the period of time authorized care is billed by a child care provider and paid for a household. (These units would be full-time, part-time, full-time/part-time, or full-time/full-time.)

GGGGG. "Up-to-date immunizations" means documentation of immunization status or exemption as required by the Colorado Department of Public Health and Environment (CDPHE). Immunizations required for school entry are set by the board of health and based on recommendations of the Advisory Committee on Immunization Practices (ACIP).

HHHHH. "Voluntarily out of the home" means circumstances where an adult caretaker or teen parent is out of the home due to his/her choice to include, but not be limited to, job search, employment, military service, vacations, and/or family emergencies.

IIIII. "Wait list" means a list maintained by a county that reflects individuals who have submitted a complete application for the CCCAP program for whom the county is not able to immediately enroll.

JJJJJ. "Willful misrepresentation/withholding of information" means an understatement, overstatement, or omission, whether oral or written, made by a household voluntarily or in response to oral or written questions from the Department, and/or a willful failure by a household to report changes in income, if the household's income exceeds eighty-five percent (85%) of the State median income within ten (10) days, or changes to the qualifying eligible activity within four weeks of the change.

8 CCR 1403-1-3.103

45 CR 20, October 25, 2022, effective 10/1/2022

45 CR 24, December 25, 2022, effective 1/14/2023

46 CR 12, June 25, 2023, effective 7/1/2023 (EMERGENCY)

46 CR 14, July 25, 2023, effective 8/14/2023

46 CR 21, November 10, 2023, effective 10/1/2023, exp. 1/27/2024

46 CR 22, November 25, 2023, effective 12/15/2023

47 CR 13, July 10, 2024, effective 7/30/2024