45 CFR 98.20
PRWORA 401 and 402
This policy applies to applicants for and recipients of child care assistance.
To be technically eligible parents/caretakers must have a need that requires them to be out of the home or reasonably unavailable to provide supervision (e.g., a medical condition, needing rest because of working a third shift, etc.).
Children may be eligible if they:
Non-citizens may qualify if:
9 DE Reg. 572 (10/01/05)
10 DE Reg. 1007 (12/01/06)
15 DE Reg. 47 (07/01/12)
16 DE Reg. 319 (09/01/12)
18 DE Reg. 148 (08/01/14)
Technical requirements relate to the circumstances which qualify a parent/caretaker for a specific category of child care funding. These circumstances help determine whether a child care need exists, whether DSS guarantees child care, whether DSS considers income, and whether the parent pays a child care fee.
45 CFR 98.20(a)(3)(i); 45 CFR 98.21(a)(2); 45 CFR 98.21(d)
This policy applies to parents and caretakers who need child care assistance while participating in the Temporary Assistance for Needy Families (TANF) program.
* Participates in the TANF Employment and Training (E&T) program;
* Participates in the TANF Transitional Work Program (TWP); or
* Is employed or accepts an offer of employment.
* Provide continuity of care for the child; and
* Give the parent or caretaker the opportunity to re-engage with the TANF E&T or TWP program or obtain employment.
13 DE Reg. 1337 (04/01/10)
14 DE Reg. 1373 (06/01/11)
16 DE Reg. 643 (12/01/12)
9 DE Reg. 572 (10/01/05)
16 DE Reg. 990 (03/01/13)
9 DE Reg. 572 (10/01/05)
10 DE Reg. 1007 (12/01/06)
15 DE Reg. 92 (07/01/11)
18 DE Reg. 697 (03/01/15)
10 DE Reg. 1007 (12/01/06)
15 DE Reg. 92 (07/01/11)
10 DE Reg. 1007 (12/01/06)
15 DE Reg. 92 (07/01/11)
18 DE Reg. 697 (03/01/15)
10 DE Reg. 1007 (12/01/06)
15 DE Reg. 92 (07/01/11)
18 DE Reg. 697 (03/01/15)
10 DE Reg. 1007 (12/01/06)
15 DE Reg. 92 (07/01/11)
18 DE Reg. 697 (03/01/15)
10 DE Reg. 1007 (12/01/06)
15 DE Reg. 92 (07/01/11)
10 DE Reg. 1007 (12/01/06)
15 DE Reg. 92 (07/01/11)
18 DE Reg. 697 (03/01/15)
10 DE Reg. 1007 (12/01/06)
15 DE Reg. 92 (07/01/11)
18 DE Reg. 697 (03/01/15)
Statutory Authority
45 CFR 98.2
This policy applies to Relative Care providers who provide care in the children's home.
11 DE Reg. 1488 (05/01/08)
16 DE Reg. 213 (08/01/12)
9 DE Reg. 572 (10/01/05)
15 DE Reg. 1759 (06/01/12)
There is no child care guarantee with the funding sources which make up the income eligible category like there is with TANF and Transitional Child Care. Funding is limited by the amount of DSS' grant award. This means that DSS cannot serve all the income eligible parent/caretakers who have a legitimate child care need. Though families may be eligible, a lack of available funding will prevent DSS from authorizing service. DSS therefore, reserves the right to limit, where appropriate, its income eligible child care services whenever the demand for income eligible services comes near or matches available funding resources. DSS also reserves the right, under these conditions, to determine who it will serve, when it will serve them, and how it will serve them.
45 CFR 98.41, 42 USC 11434 a(2), 42 USC 11302
* Living in the housing of others due to loss of housing, economic hardship, or a similar reason;
* Living in a motel, hotel, trailer park, or camping ground due to lack of alternative adequate accommodations;
* Living in an emergency or transitional shelter;
* Living primarily at a public or private place not designed or ordinarily used as a regular sleeping accommodation for human beings;
* Living in a car, park, public space, abandoned building, substandard housing, bus or train station, or similar setting;
* Abandoned in a hospital; and
* Migrant children who have joined a parent or the spouse of a parent within the past 36 months and who are living in any of the above situations.
* The family is determined homeless based on the definition in this policy;
* The family's income is at or below 185% of the Federal Poverty Level; and
* The parent or caretaker is seeking employment or housing.
22 DE Reg. 1014 (06/01/19) (Final)
Parent/caretakers who lose employment or who have a gap in employment because of a transition between jobs, can continue service for up to three months. Child care services will cease if employment does not begin again after this time.
13 DE Reg. 1088 (02/01/10)
Parent/caretakers who participate in a DSS Food Benefit or TANF Employment and Training program can continue receiving child care services for the duration of their participation as long as:
Child care services can continue for up to three months to allow for breaks between training programs or to allow for an employment search upon completion of training.
10 DE Reg. 1007 (12/01/06)
13 DE Reg. 1088 (02/01/10)
Parents/caretakers who participate in education and post-secondary education can receive income eligible Child Care for the duration of their participation as long as:
DSS will not authorize child care services for parents/caretakers who already have one four year college degree or are in a graduate program.
9 DE Reg. 572 (10/01/05)
10 DE Reg. 1007 (12/01/06)
DSS will provide child care services for children who need to receive or who receive protective services from the Division of Family Services exclusive of other child care needs. DSS will also give service priority to protective children, meaning DSS will provide an exemption to protective children during a waiting list period. However, by agreement with the Division of Family Services, this exemption will only exist for a limited number of protective children. Currently the limitation is 280 children, but is subject to change based on available funding and forecasted need.
10 DE Reg. 1007 (12/01/06)
45 CFR 98.20(a)
This policy applies to parents and caretakers requesting Special Needs Child Care for themselves or for their children.
14 DE Reg. 1373 (06/01/11)
* DSS Form 611 "Child Care Medical Certification Form"; or
* Written documentation completed by a physician or medical professional that details the special need and the required care.
14 DE Reg. 1373 (06/01/11)
* Are not required to meet the financial criteria for child care assistance; and
* May receive child care services regardless of their citizenship status.
* Must be financially eligible for child care assistance; and
* Are not required to submit documentation of a special need to DSS.
9 DE Reg. 572 (10/01/05)
10 DE Reg. 1007 (12/01/06)
13 DE Reg. 97 (07/01/09)
13 DE Reg. 1339 (04/01/10)
14 DE Reg. 1373 (06/01/11)
24 DE Reg. 164 (08/01/20)
45 CFR 98.20
For parents/caretakers to receive child care services, DSS must determine if child care is necessary. For two-parent households, both parents must have a need for child care. Child care is necessary when:
10 DE Reg. 1007 (12/01/06)
11 DE Reg. 1657 (06/01/08)
14 DE Reg. 1373 (06/01/11)
Child care services are available to families who otherwise cannot pay for all or part of the cost of care. This determination of who cannot afford to pay all, or a portion of the cost of care, is always a determination based on income. The financial requirements, which follow, relate to the circumstances which qualify parent/caretakers for child care services based on income. These requirements help determine whose income to count or not count, what is counted, and when and how to count it.
45 CFR 98.21(c)
This policy outlines how DSS determines income eligibility for applicants and recipients of the Child Care Subsidy Program.
9 DE Reg. 564 (10/01/05)
11 DE Reg. 1488 (05/01/08)
14 DE Reg. 178 (09/01/10)
In all Categories, count all income attributable to the parent(s) and children included in the family size according to section 11003.9.1 as family income. Family size as used here means those persons whose needs and income are considered together as defined in section 11003.9.3. A person who acts as a child's caretaker (as defined in Section 11002.9), is not included in the definition of family. In this instance, any income attributable to the child or children is the income which is counted.
Income of active DFS referrals/cases is excluded. Active DFS referrals/cases do not need to meet financial eligibility.
9 DE Reg. 572 (10/01/05)
45 CFR 98.20
Family size is defined by the individuals who live together and whose needs and incomes are considered together for child care subsidy.
a child in common residing in the same household.
* The unmarried partners;
* The child in common; and
* Any other child who is the natural, legal, adoptive, or step- child of one of the unmarried partners and residing in the same household.
* The family size will only include the child or siblings in the household; and
* The income of the excluded adult will not count in determining the parent copayment.
9 DE Reg. 572 (10/01/05)
45 CFR 98.20(3)(i)(ii)
This policy applies to minor parents who are under the age of 18 and residing with their legal guardians or parents.
* Have a need for child care;
* Meet financial eligibility requirements based on the minor parent's income;
* Provide a referral from the Division of Family Services (DFS) if the family has an active DFS case; and
* Provide a medical form or statement of a special need, if applicable.
* Sign the child care application of the minor parent. DSS will deny child care if the legal guardian or parent of the minor parent does not sign the application.
* Verify legal guardianship of the minor parent's child if:
Note: An agency that has custody of a minor parent must apply on behalf of the minor requesting child care services.
45 CFR 98.20(a)(3)(i); 45 CFR 98.21(a)(2); 45 CFR 98.21(d)
This policy applies to minor parents (ages 16 through 17) who need child care assistance while participating in the Temporary Assistance for Needy Families (TANF) Employment and Training (E&T) program.
* Participates in the TANF E&T program;
* Participates in the TANF Transitional Work Program (TWP); or
* Is employed or accepts an offer of employment.
* Provide continuity of care for the child; and
* Give the minor parent the opportunity to re-engage with the TANF E&T or TWP program, obtain employment, or attend an educational setting.
45 CFR 98.11(b)(2)
Staff will use gross monthly income in all cases except for self-employment income. Gross income is income before any deductions. See 11003.9.1 for disregarded income.
Determine the monthly amount of income using the conversion method below. This applies to earned and unearned income.
If the income is different from pay to pay, use the income from the previous month or the average of the last three months income, whichever is less. This applies for earned and unearned income.
9 DE Reg. 572 (10/01/05)
14 DE Reg. 178 (09/01/10)
45 CFR 98.21(e)(1) (i,ii)
Parents and caretakers are required to report a change in household income and need for child care to DSS within 10 days of the change.
* | The loss of employment;; |
* | The completion of an education or training program; and; |
* | A permanent change in state residency.; |
* | Calling the local DSS office or the Change Report Center; |
* | Emailing th local DSS office or the designated resource mailbox; or; |
* | Visiting the local DSS office. |
16 Del. Admin. Code § 11000-11003
11 DE Reg. 1488 (05/01/08)
18 DE Reg. 693(3/1/2015)
22 DE Reg. 1013(6/1/2019)
23 DE Reg. 60(7/1/2019)
23 DE Reg. 577(1/1/2020)
24 DE Reg. 164(8/1/2020)
24 DE Reg. 700(1/1/2021)
25 DE Reg. 192(8/1/2021)
26 DE Reg. 961( 5/1/2023) (Final)