16 Del. Admin. Code § 11000-11004
45 CFR 98.1(b) (1)
Parents and caretakers who are interested in receiving child care assistance may inquire about services by contacting a DSS office.
Statutory Authority
45 C.F.R 98.20
This policy applies to parents and caretakers who submit an application for child care assistance.
| * | Participates in a TANF or SNAP Employment and Training (E&T) program; |
| * | Participates in the TANF Transitional Work Program (TWP); |
| * | Attends a DSS-approved educational program or job training program; |
| * | Is employed or accepts an offer of employment; |
| * | Receives protective services from the Division of Family Services (DFS); or |
| * | Verifies a special need. |
| * | In person at any DSS location; |
| * | Over the phone with a DSS case worker; |
| * | By mailing, faxing, or emailing a completed application to the local DSS office; or |
| * | Online through Delaware ASSIST or other online application methods. |
Example 1: A parent or caretaker applies for child care on March 18. The child was enrolled and started attending the child care setting on March 2. The authorization may start March 2, the day the child started attending the child care setting.
Example 2: A parent or caretaker applies for child care on March 18. The child was enrolled and started attending the child care setting on March 21. The authorization may start March 21, the day the child started attending the child care setting.
| Note: The DSS eligibility system will allow authorizations for child care to begin the first day of the month of application |
| * | Eligibility determination; |
| * | Monthly parent copayment amount; and |
| * | Rights and responsibilities for the Child Care Subsidy Program. |
45 CFR 98.11
Complete an interview either over the phone or in person. Conduct the interview the same day if possible. Parents will need to supply the following verifications:
Parents must be given any information that will help them to make an informed decision regarding their child care services. Provide parents/caretakers with a list of providers and a child care certificate packet as needed. Although verifications are needed, Presumptive Child Care may be opened pending information. Presumptive Care can be authorized for approximately one month, depending on the date of application. (For more information on Presumptive Child Care see DSSM 11004.8).
The interview will include:
The entire process, from the time when parents/caretakers make an informal request for child care to the time when a decision is finally made, should take no longer than one month.
Parents/caretakers who fail to keep their initial appointment for an interview are given the opportunity to reschedule.
As part of the formal application process, use the parents/caretakers interview to review and verify eligibility requirements. This interview will always include an evaluation of the parents/caretakers need for child care and, as appropriate, a determination of financial eligibility. Section 11003, Eligibility Requirements, provides guidance for this review.
When a parent/caretaker makes a contact to inquire about child care, ask the following questions of the parent/ caretaker to determine and verify need (these questions follow the eligibility requirements noted in Section 11003 and match DCIS II Child Care Sub system need codes.
Use the appropriate documents identified in Section 11004.2 to verify the need for service. However, verification will not delay authorization of service in the event documentation is not immediately available. Authorize service while allowing parents/caretakers ten days to provide the appropriate verification. If the client is applying for services the system will automatically determine eligibility for Presumptive Child Care. The system will generate the appropriate notices, request the information and end date the authorization. If the client does not meet presumptive requirements and fails to provide requested information the system will close the case and give appropriate notice. (For more detail on Presumptive Child Care see section 11004.8)
45 CFR 98.20
45 CFR 98.44
This policy applies to all Child Care Assistance applicants who may experience a delay in service due to a wait list.
DSS Requires When There Is A Wait List That Certain Groups Be Given Priority.
Applicants Will Be Referred To A Waitlist If Their Need For Child Care Does Not Meet One (1) Of The Requirements.
Parents/Caretakers in the circumstance below will continue to receive Child Care Assistance as long as they meet all eligibility requirements.
As part of the application process, inform all parents/caretakers of their right to choose a child care provider. Parents/caretakers may elect to use a provider under contract with DSS or elect to receive a child care certificate. The child care certificate allows parents/caretakers to select any licensed non-contract provider or license-exempt provider. The child care certificate is part of a package of information provided to parents/caretakers as part of the formal application process. It is necessary to not only provide parents/caretakers with a copy of this package, but explain the purpose of this package and ensure that parents/caretakers reasonably understand its contents.
Use the following as a guide to explain the child care certificate package.
Though the above provider types are exempt from licensing requirements, they are still required to meet certain health and safety standards. These standards are:
Parents/caretakers will need to know these rates and whether or not the provider is willing to accept them. If the provider is willing, the certificate will act just like a DSS contract and DSS will pay the provider directly less any child care fee. If the provider is not willing, the parent/caretaker will self-arrange care with the individual provider.
If the provider contracted purchase of care slots are full, the provider may offer the parent/caretaker the option of receiving service as a purchase of care plus client. The provider then receives the regular DSS subsidy from the Division, the DSS determined parent fee and any additional fee determined by the provider from the parent/caretaker.
If the provider is not willing to accept purchase of care plus, the parent/caretaker will self-arrange care with the individual provider. The parent/caretaker will pay the provider and submit an original receipt to DSS for reimbursement. The parent/caretaker, however, will only receive reimbursement up to the DSS statewide limit.
POC+ is a care option that allows providers to charge DSS clients the difference between the DSS reimbursement rate up to the provider's private fee for service. The provider receives the DSS rate, the DSS determined child care parent fee if applicable, and any additional provider determined co-pay.
This option is primarily for DSS fee-paying clients. DSS chooses not to limit childcare options for any group of individuals. DSS will allow all DSS purchase of care clients eligible for POC with no parent fee the opportunity to waive their right to receive childcare with no additional provider co-pays and choose a POC+ slot.
POC+ is an option for all DSS clients, not a requirement. If a provider does not have a regular POC slot available, the client can choose to self arrange, enter into a POC+ arrangement or find another provider that will take the regular DSS payment.
It is the provider's responsibility to include in their contract with the DSS client the explanation of POC+, the length of POC+ if it is specified, the co-payment amount, the providers policy on non-payment of fees, and a statement that they have explained to the client their options and that the client chooses to participate in POC+.
In order for providers to be able to participate in the POC+ option they must agree to take a percentage of DSS waived fee clients and attend training on POC+.
If a client is currently participating in POC+ and goes to a zero parent fee for DSS, the client can stay POC+ or request a regular POC slot. If a regular POC slot is not available the client can chose to remain in a POC+ slot, self arrange, or find a provider with a regular POC slot.
A provider cannot change a zero parent fee client from a regular POC slot to a POC+ slot.
NOTE: It is important to explain to DSS clients who receive POC and Food Stamps that if they choose to participate in POC+ they need to inform the DSS worker of the co-payment amount so that the Food Stamp case can be updated.
DSS programmed the DCIS II Child Care Sub system to make eligibility decisions. As Case Managers enter the appropriate parent/caretaker information, the DCIS II Child Care Sub system will notify Case Managers whether they can proceed to authorize service. As a case is determined either eligible or ineligible, the DCIS II Child Care Sub system will send the appropriate notice to inform the parent/caretaker of the DSS child care eligibility decision. Parents/caretakers, whether eligible or not, will always receive a written decision regarding their official request for child care services.
Complete an Application for Child Care Assistance for all parents/caretakers before authorizing child care services. The information from this form becomes the basis upon which child care services are authorized. Therefore, the information should be as complete and accurate as possible. It is important for the parent/caretaker requesting service to sign this application. Their signature represents their official request for service. If a face-to-face interview is not conducted to obtain the information to complete the application, obtain the parent/caretaker signature on the application at the earliest opportunity after service is authorized. Do not allow parents/caretakers to receive services beyond one month without having a signed application on file.
When it is necessary to authorize new child care services to parents/caretakers because of a category change (such as parents/ caretakers going from a Category 11 to 31), it is not necessary to have parents/caretakers complete a new application. This enables DSS to maintain the concept of seamless service.
45 CFR 98.45 (k)
DSS determines and assigns copayments for families who receive the Purchase of Care (POC) child care subsidy.
45 CFR 98.45 (k)
DSS determines if a family has an excessive financial burden when establishing the family's copayment for the Purchase of Care (POC) program.
Parent/caretakers will pay their child care fee directly to the child care provider. This fee, in combination with what DSS pays the provider, represents the reimbursement limit DSS allows for child care services. These limits are based on the child care type and the age of the child. DSS has contracts with providers for these rates which include purchase of care plus option. If, however, providers do not accept these rates or the purchase of care plus option, parent/caretakers will self-arrange care directly with the provider. In this instance, the parent/caretaker will not only pay their fee, but also the provider's full charge for care. The parent/caretaker will submit an original receipt for reimbursement, at which time DSS will reimburse the parent/caretaker in an amount up to the statewide limits (see 11004.4.1 above), less the child care fee.
Parent/caretakers who fail to pay their child care fee or who fail to make arrangements to pay past fees owed will have their child care services terminated. Providers are responsible for informing DSS of the parent/caretaker's failure to pay the fee. Obtain such information in writing from providers whenever possible. However, it is acceptable to obtain this information verbally if the following procedures are used.
NOTE: Allow timely (10 days) and adequate notice.
Parent/caretakers whose child care case closes because of failure to pay child care fees cannot receive a new authorization for service until they satisfy or make arrangements to pay past fees owed.
[Statutory Authority]
31 Del.C. § 503(e), 508, and 512(1)
This policy applies to parents and caretakers who need immediate child care services, but who have not verified all mandatory eligibility factors.
| [Note: Families who apply for Purchase of Care and meet the definition of "homeless" in DSSM 1003.7.2 will receive presumptive child care services for 90 days, regardless of whether documentation is provided at the time of application.] |
| * | Received child care assistance in the previous month; |
| * | Were open in presumptive child care in their previous eligibility determination; or |
| * | Were denied for presumptive child care in their previous eligibility determination. |
45 CFR 98.11
All child care services must be authorized before parents/caretakers can receive subsidized child care. Parents/ caretakers can choose any provider who is:
No parent/caretaker can receive POC funds to provide child care services to their own children in a home or any other child care facility where the parent/caretaker provides direct care to that child. These parents may be able to get child care assistance if their children are placed in another child care setting.
Authorizations always start after service has been approved. The exact date is selected by the parent/caretaker. An authorization ends on the last day of the month of the authorization period. At no time can the authorization period exceed the review date. Child care may be authorized only for the days and hours that parents/caretakers need care. The types of care that can be authorized are part time (P), full day (X), and day and a half (T). All licensed and licensed exempt child care providers can receive up to five (5) absent days, depending on the number of days the child is authorized to attend. Children in self arranged care and children authorized for seven (7) days do not receive absent days.
Complete a change to an existing authorization whenever a situation occurs within the authorization period which requires a change to the parent/caretaker's situation. The DCIS II Child Care Sub system defines this as a Change Authorization. Examples of when Change Authorizations occur are:
To make any changes necessary to the current Authorization, navigate to the Child Care Authorization Details II screen, make the change and re-run SFU/EDBC.
Change Authorizations always affect future events, meaning the change will affect future transactions (i.e., future payments for child care).
When changes to an authorization cause a decrease in parent/caretaker service (e.g., less care, increase in fee), DSS considers this a negative change. According to the DCIS II Child Care Sub system, negative changes will occur the first day of the next month. Provide the parent/caretaker with adequate and timely notice whenever such a negative change occurs. DSS programmed the DCIS II Child Care Sub system to allow for timely notice. Therefore, any negative change will not cause a change to the authorization unless sufficient time remains in the current month for Case Managers to send the parent/caretaker notice of this change. If there is not sufficient time, the change will not occur until the first day of the month following the next month.
EXAMPLE: On January 20, Case Manager X is notified by parent Y of an increase in parent Y's income. Case Manager X posts the adjusted income to the DCIS II income screen.
The adjusted income will increase the child care fee on the authorization, which is a negative change (i.e., parent Y will have to pay a higher fee). Since this change occurs after January 20 (change does not occur until the next work day), the DCIS II Child Care Sub system will not make parent Y's new fee effective until March 1. The DCIS II Child Care Sub system sends parent Y a letter notifying parent Y of the higher fee.
DSS considers changes which increase the level of parent/caretaker service (e.g., increase in the number of days, reduction in fee) a positive change. The DCIS II Child Care Sub system is programmed to allow positive client changes to occur the first day of the current month.
A neutral change, like a change in category, will generally take place the first day of the next month. However, some category changes, going from a Category 11 or 12 (no fee) to a Category 31 will cause a negative change. The parent/caretaker will now have to pay a fee.
EXAMPLE: Parent Y who was a TANF participant and a Category 11 obtains a job. The job causes parent Y's TANF case to close. Parent Y can no longer get Category 11 child care, but qualifies for Category 31. Enter new income in the DCIS II income screens. Parent Y's TANF case is due to close on January 31, but the change is not completed until after January 21. The DCIS II Child Care Sub system will automatically change the category code from 11 to 31, and give notice once the client is no longer eligible for TANF but continues to be eligible under category 31.
The expiration dates for Change Authorizations will remain the same as on the original authorization.
Correct Transactions
If a change needs to be made to an old transaction (authorizations for which DSS already made payment), go to the Correct Transaction screen. The Correct Transaction function is located in DCIS II Child Care Sub system. Correct transactions can only be completed for positive changes, meaning the change caused an increase in service or a change in the child care fee, thereby increasing the provider payment. The only areas that can be changed on a transaction are:
Case Managers can only make corrections in the above areas to transactions created within the last 3 months. Supervisors may make changes in the above areas to any past transaction. Changes to transactions that are not editable (not listed above) will have to be referred to the Child Care Monitors.
If the change was negative, meaning a decrease in services, process an overpayment.
9 DE Reg. 572 (10/01/05)
Families receiving child care during the school year sometimes need to change their service requirements during the summer months. For instance, some parents make alternate arrangements during the summer for a school-age child who receives care throughout the school year. These arrangements may not require the need for child care services. However, the parent may still need child care when the school year starts again in September. In addition, some parents only work during the school year and may not need child care during the summer months, such as parents who drive a school bus.
DSS will continue service to those families who do not need service for the summer but who will need service again in September. This break is considered an interruption of service and not as an end to the family's service need. Therefore, even though these families need to re-apply for service before September, they will not be re-applying as totally new cases and will not have to go on the waiting list.
Certain families who have an authorization end date for June may not keep their redetermination appointments (due to making alternate arrangements for child care during the summer or not needing care at all). These families are notified to contact their Case Manager if they need care again in September. If they fail without good cause to keep their re-application appointments or to contact their Case Manager, their service will not continue as before. They will go on the waiting list.
45 CFR 98.30
Parents and caretakers who receive child care subsidy for their children have parental choice in selecting child care providers. DSS case workers will follow the procedures in this policy when a parent or caretaker requests to change or add a child care provider.
The parent may use one provider near one location and a second provider near the other location.
Under certain conditions, DSS may not be able to provide service to eligible parent/caretakers. Either because of a lack of funding or because DSS cannot match child's child care need with an available provider, do not authorize service. When an authorization for one of the above reasons cannot be completed, place the child or children on an Unmet Need Waiting List. Follow the Unmet Needs Section of the User Manual both for placement and removal of a child(ren) on the Unmet Need Waiting List.
When services to parent/caretakers who are a non-service priority must be delayed, do the following:
45 CFR 98.21
Families approved for Purchase of Care must be authorized for 12 months of child care.
| * | The parent or caretaker; |
| * | A medical professional verifying the length of time child care is required for a special need; |
| * | The Delaware Division of Family Services (DFS) verifying the length of time child care is needed to prevent child abuse or neglect. |
| * | The child turns 13 years old during the authorization period; |
| * | The child is temporarily out of state; |
| * | The parent or caretaker experiences a temporary change in work, education, or training, including, but not limited to: |
| * | Any other temporary circumstance in a household that will not exceed 90 days. |
Parent/caretakers will no longer receive a copy of the authorization. Instead, as authorizations are created, the CCMIS will automatically batch and process the authorizations each night at the DCIS data center. The DCIS data center will mail the authorization to providers the next work day. Instead of the authorization, provide parent/caretakers with a copy of the Child Care Payment Agreement Form (Form 626). Parent/caretakers will present this copy of the Child Care Payment Agreement form to providers as their initial verification of service authorization. (Providers have been instructed to accept this as a sign of authorization until the official authorization arrives in the mail.)
The purpose of the Child Care Payment Agreement Form is to ensure that parent/caretakers acknowledge their responsibilities as recipients of DSS child care services. Complete the blank spaces of this form with information appropriate to each parent/caretaker. Complete the form, give two copies to the parent/caretaker (one for their records and one for presentation to the provider), and keep one copy with the Case Manager's file.
45 CFR 98.21(b)(2)
All recipients of child care assistance are continuously eligible for 12 months of child care services as outlined in this policy.
| . | Must decrease when a decrease in the family's income is reported; and |
| . | Must not increase beyond the initial copayment amount during the authorization period. |
| . | Excessive unexplained absences of the child from the child care site; |
| . | A permanent change in the child's state residency; |
| . | The family's income exceeding 85% of the state median income (SMI); |
| . | Substantiated fraud or intentional program violations; |
| . | A written request to close the case or to authorize child care for a specific length of time; or |
| . | The death of the case head or of the authorized child. |
| . | An illness; |
| . | A court required appearance; |
| . | A household emergency (e.g., fire, heating problem, family crisis, etc.); |
| . | A lack of transportation; |
| . | A domestic violence situation; or |
| . | Inclement weather. |
45 CFR 98.21(a)
This policy applies when DSS ends child care eligibility and authorization for services.
| * | Excessive unexplained absences of the child from the child care site; |
| * | A permanent change in the child's residency; |
| * | The family's income exceeding 85% of the state median income (SMI); |
| * | Substantiated fraud or intentional program violations; |
| * | A written request to close the case or to authorize child care for a specific length of time (see DSSM 11004.9.5); or |
| * | The death of the case head or of the authorized child. |
| * | Mail Form 330 "Request for Contact" to the parent or caretaker to request clarification regarding the child's absences; |
| * | Close the child care case if the parent or caretaker does not contact the DSS office by the requested due date. |
| * | Provide a 10-day closing notice informing the parent or caretaker of their right to a fair hearing; |
| * | End date the authorization on the last day of the current month. If a 10-day notice cannot be given, the authorization will end on the last day of the next month. |
Note: Excessive unexplained absence is defined as 10 or more unexplained absences per month.
45 CFR 98.20
Under certain circumstances, DSS will continue child care for up to three months after parents/caretakers lose their need for service. DSS will continue to authorize service for up to three months for parents/caretakers who:
13 DE Reg. 1088 (02/01/10)
45 CFR 98.21(b)
This policy applies to recipient families whose income exceeds the child care income limit at redetermination.
| * | Tier 1: Income over 185% of the FPL - the graduated phase-out of assistance begins. |
| * | Tier 2: Income over 200% of the FPL - the child care closes. |
16 Del. Admin. Code § 11000-11004
8 DE Reg. 1154 (2/1/2005)
9 DE Reg. 572 (10/1/2005)
10 DE Reg. 564 (9/1/2006)
10 DE Reg. 1826 (6/1/2007)
11 DE Reg. 1488 (5/1/2008)
13 DE Reg. 100 (7/1/2009)
13 DE Reg. 1088 (2/1/2010)
13 DE Reg. 1211 (3/1/2010)
14 DE Reg. 40 (7/1/2010)
15 DE Reg. 222 (8/1/2011)
16 DE Reg. 78 (7/1/2012)
16 DE Reg. 643 (12/1/2012)
16 DE Reg. 876 (2/1/2013)
21 DE Reg. 639 (2/1/2018)
23 DE Reg. 878 (4/1/2020)
24 DE Reg. 700 (1/1/2021)
25 DE Reg. 536 (11/1/2021)
27 DE Reg. 49 (7/1/2023)
28 DE Reg. 55 (7/1/2024) (Final)