16 Del. Admin. Code § 11000-11002

Current through Register Vol. 28, No. 7, January 1, 2025

Section 11000-11002 - Administration

This section discusses the following administrative policies:

A. Purpose of Delaware's Child Care Subsidy Program,

B. Goals,

C. Services Provided,

D. Persons Eligible,

E. Responsibility for the Administration of Delaware's Child Care Subsidy Program,

F. Legal Authority,

G. Other Administrative Policies,

H. Seamless Services, and

I. Definitions and Explanation of Terms.

11002.1 Purpose Of Delaware's Child Care Subsidy Program

The purpose of Delaware's Child Care Subsidy Program is to provide support to Delaware families who need care and who need otherwise cannot pay for all or part of the cost of care.

9 DE Reg. 572 (10/01/05)

11002.2 Goals

The goal of the Child Care Subsidy Program is to supplement the care and protection that children receive from their parents. This supplemental care is necessary when parents/caretakers must be apart from their children during a portion of a 24-hour day because:

A. the children's parents/caretakers work,

B. the children's parents/caretakers must participate in a DSS Employment and Training program and attend school or participate in a training program which leads to employment,

C. the children or parents have a special need requiring either one of them to be out of the home, or

D. the children need to be protected from neglect and/or abuse.

Child care provided under these circumstances enables families:

A. to achieve and maintain independence;

B. to provide care, protection, health, supervision, social experience and learning opportunities which are essential to a child's growth and development; and

C. to maintain the bonds of family unity.

10 DE Reg. 1007 (12/01/06)

11002.3 Services Provided

Delaware's Child Care Subsidy Program offers the following services:

A. an evaluation of the need for child care services;

B. a determination of financial eligibility;

C. an assessment of the family's child care needs;

D. an explanation of the available types of child care, the choices parents/caretakers have regarding these provider types, and various provider requirements such as licensure, health, and safety;

E. an explanation of the State's payment rates and fee scale, including a discussion of how DSS assesses fees, where fees are to be paid, what happens if they are not paid, and how parents/caretakers are to keep DSS informed of changes that affect fees; and

F. an explanation of parent/caretakers' rights as recipients of DSS subsidized child care, including:

1. the right to retain legal rights to their child while the child is in care,

2. the right to make decisions about the choice of child care and child care provider,

3. the right to request information about any substantiated parental complaints on any licensed or license-exempt child care provider, and

4. the right to appeal any denial and/or termination of child care services.

11002.4Determining Persons Eligible for Child Care Assistance

45 CFR 98.20

DSS provides child care services to eligible Delaware families with children who need child care

1.Eligibility Criteria for Children

A. To be determined eligible for child care services, children must be:

* Under 13 years of age or 13 through 18 years of age and physically or mentally incapable of self-care as determined by a medical professional, and

* U.S. citizens or qualified aliens or non-U.S. citizens referred through the Division of Family Services.

B. Children are also eligible for child care services if they are:

* In need of protective services,

* Homeless, or

* In foster care or awaiting foster care placement.

2.Eligibility Criteria for Parents and Caretakers

A. To be determined eligible for child care services, parents and caretakers must meet at least one of the following requirements:

* Participate in a TANF or Food Benefit Employment and Training program.

* Receive wages from employment.

* Attend approved job training or educational programs.

* Receive protective services from the Division of Family Services.

* Report a special need.

Related policies:

DSSM 11003, 11003.7.8

9 DE Reg. 572 (10/01/05)

11002.5 Administering Delaware's Child Care Subsidy Program

Statutory Authority

31 Del.C. § 103

This policy explains the direct responsibility within the Department of Health and Social

Services for Delaware's Child Care Subsidy Program.

1. Delaware's Child Care Subsidy Program is established under:

* Title IV-A and Title XX of the Social Security Act;

* Public Law 101-508 of the Omnibus Budget Reconciliation Act of 1990;

* Child Care and Development Block Grant (CCDBG) Act of 2014; and

* Title 31 of the Delaware Code.

2. The Department of Health and Social Services (DHSS) is the agency designated by the State of Delaware as responsible for Delaware's Child Care Subsidy Program.

3. The Division of Social Services (DSS) is the agency within DHSS that assumes day-to-day responsibility for the administration of Delaware's Child Care Subsidy Program.

A. The DSS Policy and Program Development Unit assumes primary responsibility for:

i. Developing and implementing child care regulations found at 16 DE Admin. Code 11000.

ii. Managing the Child Care and Development Block Grant (CCDBG) and the Child Care and Development Fund (CCDF).

iii. Managing the Social Services Block Grant (SSBG).

iv. Collaborating with external stakeholders to develop and revise Delaware's CCDF State Plan.

v. Collaborating and receiving technical assistance from federal partners to ensure compliance with the requirements of the CCDBG Act.

B. The DSS Purchase of Care Unit assumes primary responsibility for:

i. Managing Delaware's Child Care Subsidy Program.

ii. Referring children to Head Start and other child care facilities for service.

iii. Coordinating services and supports for Head Start eligible children.

iv. Providing information to families and the public on the availability of subsidized funding for persons in need of child care.

v. Establishing contracts with child care providers and other interested agencies to carry out the purpose and goals of Delaware's Child Care Subsidy Program.

vi. Monitoring child care providers to ensure providers are adhering to the terms of their Purchase of Care contracts.

vii. Determining eligibility for the Relative Child Care Program.

viii. Establishing provider reimbursement rates, creating a parent fee scale, and determining income eligibility limits.

ix. Collecting, analyzing, and maintaining statistical data on clients who receive services.

x. Coordinating with public and private agencies to ensure and improve the availability and quality of child care.

C. The DSS Operations Unit assumes primary responsibility for:

i. Following federal and state policies and procedures for determining and processing technical and financial eligibility for the Child Care Subsidy Program.

ii. Explaining the Child Care Subsidy Program rights and responsibilities to parents and caretakers applying for assistance.

iii. Attending child care trainings provided by DSS.

D. The DSS Information Systems Unit assumes primary responsibility for:

i. Developing and maintaining the eligibility system design to support child care policy.

ii. Developing and maintaining the Purchase of Care system to support child care provider data.

iii. Developing and maintaining the Provider Self Service system to support child care providers in receiving and reporting attendance data.

iv. Maintaining client and provider data for administrative reports to meet federal reporting guidelines.

E. The DSS Fiscal Unit assumes primary responsibility for:

i. Managing federal and state child care funds.

ii. Ensuring funds are available for child care provider payments.

iii. Processing Purchase of Care contracts and paying vendor invoices.

iv. Transferring CCDF quality funds to the Delaware Department of Education and tracking the spending of CCDF quality funds.

v. Managing the time and effort of all staff that perform CCDF work and are paid through CCDF, including staff at DSS, the Delaware Department of Education, and the Department of Services for Children, Youth and Their Families.

vi. Reporting SSBG funding usage.

vii. Completing federal and state child care reports.

F. The DSS Staff Development Unit assumes primary responsibility for:

i. Designing, developing, and updating trainings and training materials for the Child Care Subsidy Program.

ii. Administering training sessions to DSS staff that cover current child care policies, procedures, and program requirements.

G. The DSS Fair Hearing Unit assumes primary responsibility for:

i. Providing child care applicants and recipients with written information about their right to a fair hearing.

ii. Reviewing and processing fair hearing requests.

iii. Arranging the date, time, and location of fair hearings and sending written notification of the hearing to all parties.

iv. Providing a written decision by the Hearing Officer to the appellant within 90 days from the date the appeal was filed.

11002.6 Legal Authority

The Delaware Child Care Subsidy Program operates under authority of both State and federal laws and regulations. The State grants authority under Title 31 of the Delaware Code. Federal authority is granted through Title XX of the Social Security Act, and Work Requirements under Section 273.7, Title 7, Chapter II of the Revised Code of Federal Regulations, and the Child Care and Development Block Grant as amended by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.

11002.6.1 State Law

The State Law governing the Child Care Subsidy Program is Title 31, Part I, Chapter 3, Subchapter VI, Delaware Code - Section 391. Intent and Purpose. The intent and purposes of this subchapter of the State Law are to:

A. provide child day care facilities available within this state so as to provide safe, adequate, economical care for children whose mothers, fathers, guardians, or custodians are employed or are seeking employment or are enrolled in training or education courses or where this service would contribute to the resolution of family problems;

B. secure by decentralized neighborhood management the highest attainable degree of assurance that each child day care center will properly and economically meet the needs of those children who can make the best use of that service within their neighborhood under supervision of the Division of Social Services with that objective in view.

11002.6.2 Federal Law/Regulation

In addition to the State Law noted above, Delaware's Child Care Subsidy Program operates under the authority of several rules, including:

A. Providing child care to families receiving TANF benefits who must participate in Delaware's TANF Employment and Training activities or to persons who work and receive TANF (Categories 11 and 12).

B. Title 7, Chapter II of the Code of Federal Regulations, Part 273.7(d)(iv)(3)(i) states: "The State agency will reimburse the cost of dependent care it determines to be necessary for the participation of a household member in the E&T program up to the actual cost of dependent care, or the applicable payment rate for child care, whichever is lowest. The payment rates for child care are established in accordance with the Child Care and Development Block Grant provisions of 45 CFR 98.43, and are based on local market rate surveys. The State agency will provide a dependent care reimbursement to an E&T participant for all dependents requiring care unless otherwise prohibited by this section." Such child care is provided as part of the State's Food Stamp Employment and Training Program previously known as First Step - Food Stamps (Category 21).

C. The Child Care and Development Block Grant (part of Categories 31 and 41) as amended by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.

The purpose of the CCDBG as stated in Rule 98.1 of the CFR is, "to increase the availability, affordability, and quality of child care services." The goals of the grant are:

1. to provide low-income families with the financial resources to find and afford quality child care,

2. to enhance the quality and increase the supply of child care for all families,

3. to provide parents/ caretakers with a broad range of options in addressing their child care needs,

4. to strengthen the role of the family,

5. to improve the quality and coordination of child care programs and early childhood development programs, and

6. to increase the availability of early childhood development and before and after school services.

D. Title XX of the Social Security Act and the Omnibus Budget Reconciliation Act of 1981 establishes child care under the Social Services Block Grant (part of Categories 31 and 41).

The purpose of child care services provided under SSBG is to provide support to families with young children in order for parents to work, obtain training, or receive an education. The program also allows child care to meet the special needs of the child or for the child's protection in cases of abuse and/or neglect.

9 DE Reg. 572 (10/01/05)

11002.7 Other Administrative Policies

Case Managers are to view Child Care Policy as an extension of the DSS Policy Manual. It is part of the whole. Therefore, policies on Administration and Fair Hearings contained in DSSM 1000 and DSSM 5000 equally apply to the Child Care Subsidy Program and the Case Managers who administer it.

Specifically, Case Managers must be familiar with the following corresponding policies on Administration:

1002 - Courteous Treatment of Clients

1003 and 1003.1 to.4 - Confidentiality

1004 - Records to be Kept in Locked Files

1005 and 1005.1 - Case Record Maintenance and Retention

1006 and 1006.1 to.7 - Civil Rights and Non-Discrimination

1007 and 1007.1 to.6 - Complaint Procedures

1008 - Availability of Program Manuals

1009 - Procedures for Serving Non-English Speaking Hispanic Clients

1010 - Procedures for Serving Hearing Impaired Clients

In addition, Case Managers must be familiar with the entire section of DSSM 5000, Fair Hearing Practices and Procedures.

10 DE Reg. 1007 (12/01/06)

11002.8 Seamless Services

The DSS Child Care Subsidy Program operates under the authority of different funding sources, with each source uniquely setting mandates for providing child care services to families. However, the Division combines these sources into one seamless program.

Seamlessness means that families can reasonably expect to continue to receive child care services with the same provider as long as families remain basically eligible (income and need) for services. Therefore, except where specific differences are noted, the policies in this manual act as a uniform standard for our Child Care Subsidy Program.

11002.9 Definitions and Explanation of Terms

The following words and terms, when used in the context of these policies will, unless clearly indicated otherwise, have the following meanings.

Authorization	Form 618d or 626 is the parents/caretakers authority to receive subsidized child care services and is the provider's authority to provide subsidized child care services to eligible parents/caretakers. The authorization informs providers how much care a parent is authorized to receive, what DSS will pay the provider, and what parents/caretakers must pay as part of their fee.
Caregiver/Provider	The person(s), other than the parent/caretaker, whom DSS approves to provide child care services or the approved place where care is provided.
Caretaker	The adult responsible for the primary support and guardianship of the child. As used here, this adult is someone other than the child's parent who acts in place of the parent. If a caretaker is unrelated to the child and has not been awarded custody by Family Court or guardianship, the caretaker is referred to the Division of Family Services to make a determination to either approve the non-relative placement or remove the child.
CCDBG	Child Care and Development Block Grant. 45 CFR Parts 98 and 99 created by the Omnibus Budget Reconciliation Act of 1990 to provide federal funds without state match to: 1. Provide child care to low income families 2. Enhance the quality and increase the supply of child care 3. Provide parents the ability to choose their provider 4. Increase the availability of early childhood programs and before and after school services. Under the Division's DCIS II Child Care Sub system, CCDBG is part of Categories 31 and 41
CFR	Code of Federal Regulations. These are the rules the Federal Government writes to implement federal legislation. Once written and approved, they have the force of law.
CCMIS	Child Care Management Information System, the name used to describe the Division's payment system for child care.
Child	A person under the age of 13, or children 13 through 18 years of age if they are physically or mentally incapable of caring for themselves or are in need of protective services.
Child Care Category	The DCIS II Child Care Sub system code for the child care funding source. Case Managers choose category codes based on the parents/caretaker's technical eligibility for service. The codes are: 11 - Participants receiving TANF and not working, but participating in TANF E&T 12 - Participants receiving TANF and working 21 - Participants receiving Food Stamps Benefits who are mandatory or voluntary participants in E&T and not receiving TANF 31 - SSBG, CCDBG, and State funds: Income eligible participants. Participants who receive FS and are not E & T mandatory or voluntary 41 - A participant who is a qualified alien or U.S. citizen is coded as a category 41 when his or her eligibility allows a non U.S. citizen or non-qualified alien to receive child care services. (Example: One child is a citizen and one is not. The citizen child is a 41.) 51 - A participant is coded category 51 when s/he is not a U.S. citizen or legal alien but receives Child Care services due to a family member in category 41
Child Care Centers	A place where licensed or license-exempt child care is provided on a regular basis for periods of less than 24 hours a day to 13 or more children, who are unattended by a parent or guardian.
Child Care Certificate	A form issued to a parent/caretaker which allows a parent/caretaker to choose a child care provider who does not have a contract with DSS. A certificate is not an authorization for child care, but parents who wish to select a non-contracted provider of their choice cannot get care unless the provider completes one.
Child Care Parent Fee	The amount the parent/caretaker must pay toward the cost of child care. The fee is based on the income of the parent(s) and children, or the child if the child lives with a caretaker, family size and a percentage of the cost of care based on type of care requested.
Child Care Services	Those activities that assist eligible families in the arrangement of child care for their children.
Child Care Type	Refers to the setting or place where child care is provided. The four types of care are: 1. Center based (under DCIS II Child Care Sub system Site #17 or 18) 2. Large Family Home (under DCIS II Child Care Sub system Site #16) 3. Family Home (under DCIS II Child Care Sub system Site #15) 4. In-Home (under DCIS II Child Care Sub system Site #19)
Children From Low Income Families	Children in families whose income is less than 200% of the Federal Poverty Limit (FPL).
DCIS II	Delaware Client Information System, the automated client eligibility system for the Department of Health and Social Services.
Educational Program	Educational Program - A program of instruction to achieve: 1. A basic literacy level of 8.9; 2. Instruction in English as a second language; 3. A GED, Adult Basic Education (ABE), or High School Diploma; 4. Completion of approved special training or certificate courses; 5. A post-secondary degree where the degree is part of an approved DSS Employment and Training program. The above definition excludes the pursuit of a graduate degree or second four-year college degree. A second associate's degree may be attained if it leads to a bachelor's degree. The completion of a second associate's degree can be authorized only if it has a significant chance of leading to employment.
Employment	Employment - Either part-time or full time work for which the parent/caretaker receives wages equal to minimum wage or an equivalent. It also includes periods of up to three months of continued child care services when parents/caretakers lose one job and need to search for another, or when one job ends and another job has yet to start.
Family Child Care Home	A private residence other than the child's residence, where licensed care is provided for one to six children who are not related to the caregiver.
Family Size	The total number of persons whose needs and income are considered together. This will always include the parent(s) (natural, legal, adoptive, step, and unmarried partners with a child in common) and all their dependent children under 18 living in the home.
Food Benefit Employment and Training	The program by which certain unemployed mandatory and/or voluntary Food Benefit recipients participate in activities to gain skills or receive training to obtain regular, paid employment. Persons can receive child care if they need care to participate. This is referred to as Food Benefit Employment & Training. Under the Division's DCIS II Child Care Sub system, this is Category 21.
Income	Any type of money payment that is of gain or benefit to a family. Examples of income include wages, social security pensions, public assistance payments, child support, etc.
Income Eligible	A family is financially eligible to receive child care services based on the family's gross income. It also refers to child care programs under Category 31.
Income Limit	The maximum amount of gross income a family can receive to remain financially eligible for child care services. Current income limit is 200 percent of the federal poverty level.
In-Home Care	Care provided for a child in the child's own home by either a relative or non-relative, other than the parent/caretaker, where such care is exempt from licensing requirements. Care is limited to the child(ren) residing in the household. It also refers to situations where care is provided by a relative in the relative's own home. This care is also exempt from licensing requirements and is also limited to the children of one household.
Job Training/Training	A program which either establishes or enhances a person's job skills. Such training either leads to employment or allows a person to maintain employment already obtained. Such training includes, but is not limited to: Food Benefit Employment & Training (FB E&T) contracted programs; WIA sponsored training programs, recognized school vocational programs, and on-the-job training programs.
Large Family Child Care Home	A licensed child care service provided for part of a twenty-four (24) hour day, offered by any person or entity including but not limited to an owner, association, agency or organization that advertises or holds himself, herself or itself out as conducting such a service. This person or entity has in custody or control seven (7) to a maximum of twelve (12) children preschool-age or older who live at and/or are present at the Large Family Child Care Home. In addition to the children preschool-age or younger, this person or entity may also have custody or control of one (1) to a maximum of two (2) school-age children who do not live at the Large Family Child Care Home but are present only for before and after school, and/or during school holidays, and/or during the summer. All of these children are provided care, education, protection, supervision or guidance in a private home or non-residential setting. This does not include a child care service provided exclusively to relatives as defined by these rules.
Legal Care	Care which is either licensed or exempt from licensing requirements.
Parent	The child's natural mother, natural legal father, adoptive mother or father, or step-parent.
Parental Choice	The right of parents/caretakers to choose from a broad range of child care providers, the type and location of child care.
Physical or Mental Incapacity	A dysfunctional condition which disrupts the child's normal development patterns during which the child cannot function without special care and supervision. Such condition must be verified by either a doctor or other professional with the competence to do so.
Protective Services	The supervision/placement of a child by the Division of Family Services in order to monitor and prevent situations of abuse or neglect.
Purchase of Care Plus (POC+)	Care option that allows providers to charge most DSS clients the difference between the DSS reimbursement rate up to the provider's private fee for service. The provider receives DSS rate, the DSS determined child care parent fee, if applicable, and any additional provider-determined co-pay.
Reimbursement Rates	The maximum dollar amount the State will pay for child care services.
Relative	An adult who is by marriage, blood relationship, or court decree, the grandparent, great grandparent, sibling, aunt or uncle of the child receiving care.
Residing With	Living in the home of the parent or caretaker.
Seamless Services	To the extent permitted by applicable laws, a family is able to retain the same provider regardless of the source of funding, and providers are able to provide services to children regardless of the basis for the family's eligibility for assistance or the source of payment.
Self-Arranged Care	Child care which either parents or caretakers arrange on their own between themselves and providers. In this instance, the parents/caretakers choose to use a child care certificate, but the provider does not accept the State reimbursement rate for child care services. DSS limits payment for self-arranged care to its regular provider rates. Parents/caretakers, in addition to any parent fee they pay, must also pay the difference between DSS' reimbursement rates and the providers' charge.
Self-Initiated	Clients who enter an education or training program on their own. The education or training program must be comparable to a Food Benefit Employment & Training (FB E&T) - TANF education or training component. Self-initiated clients must receive child care services if there is a child care need.
Special Needs Child	A child under 19 years of age whose physical, emotional, or developmental needs require special care. Both the need and care must be verified by a doctor or other professional with the authority to do so.
Special Needs Parent/Caretaker	An adult, who because of a special need, is unable on his/her own to care for children. The need must be verified by a doctor or other professional with the authority to do so.
SSBG	Social Services Block Grant. Under the DCIS II Child Care Sub system, this is Category 31 child care.
TANF	Temporary Assistance for Needy Families, a program established by Title IV-A of the Social Security Act and authorized by Title 31 of the Delaware Code to provide benefits to needy children who are deprived of parental support and care. While on TANF, families are eligible for child care only as long as they are working or participating in a TANF Employment and Training activity (Categories 11 and 12).
TANF Child Care	The name of the child care program for TANF recipients who work or who are participating in a TANF Employment and Training program. Under the DCIS II Child Care Sub system, this is Category 11 and 12.
Technical Eligibility	Parents/caretakers meet requirements, other than financial, to receive child care services based on need and category.
Verification	Written or oral documentation, demonstrating either need for service or sources of income.
Work Force Investment Act (WIA)	Federal Legislation that consolidates Employment and Training programs and funding streams. This legislation embodies the One Stop Employment and Training Service system under DOL.

11002.10 Establishing Program Integrity in Child Care

Statutory Authority

45 CFR 98.68

This policy establishes guidelines to ensure integrity and accountability in Delaware's Child Care

Subsidy Program.

1. DSS will support child care program integrity by:

A. Collaborating and sharing data with other agencies;

B. Verifying eligibility for families;

C. Verifying attendance standards for children served;

D. Monitoring providers; and

E. Reviewing quality assurance.

2. DSS will provide training to eligibility staff in an effort to reduce and prevent administrative and improper payment errors.

3. DSS will cooperate with other agencies to share information when appropriate and allowable by federal and state laws to reduce, detect, and prevent improper payments and fraud.

4. DSS will educate families receiving child care subsidy on program rules including reporting requirements for household changes.

16 Del. Admin. Code § 11000-11002

9 DE Reg. 572 (10/01/05)
16 DE Reg. 78 (07/01/12)
16 DE Reg. 1276 (06/01/13)
17 DE Reg. 526(11/1/2013)
21 DE Reg. 808(4/1/2018)
25 DE Reg. 537( 11/1/2021) (final)