Haw. Code R. § 17-798.3-9

Current through September, 2024

Section 17-798.3-9 - Eligibility requirements

(a) Depending upon availability of funds, all children eligible for child care payments shall reside with the eligible caretaker and be:

(1) A citizen or national of the United States of America;

(2) A qualified alien, as defined under this chapter. The caretaker shall furnish documentation of the alien status of any child declared to be a qualified alien. A child who is a qualified alien is not eligible for child care assistance for a period of five years beginning on the date of the child's entry into the United States with qualified alien status. Exception: The five-year prohibition from receiving assistance does not apply to a qualified alien who is:

(A) Admitted to the United States as a refugee;

(B) Granted asylum;

(C) Lawfully admitted for permanent residence;

(D) An alien whose deportation is being withheld; and

(E) A Cuban Haitian entrant under the Refugee Education Assistance Act of 1980; described at 8 U.S.C. Section 1613; and

(3) Under age thirteen years;

(4) Thirteen through seventeen years of age with a physical or mental incapacity that prevents the child from doing self-care; or

(5) Receiving child protective services for family supervision, and the need for child care is specified in the family unit's or child's case plan as ordered by the court.

(b) A caretaker shall be eligible for child care payments, provided the caretaker:

(1) Has a monthly gross income verified through documentation that does not exceed eighty-five percent of the State Median Income, as established in the current federally approved Child Care Development Fund State Plan, for a family of the same size, using the Income Eligibility Limits as established in Exhibit II, dated January 2, 2020, attached at the end of this chapter, except for:

(A) Caretakers who are foster parents (or resource caregivers) licensed or certified by the department, or an organization under the authority of the department, who need child care for a foster child in their care; or

(B) Family units receiving child protective services for family supervision and the need for child care is specified in the family unit's or child's case plan as ordered by the court;

(2) Has net value of assets that total less than $1,000,000 for the household, including net value of real property, as certified by the caretaker, excluding:

(A) Any equity value in the real property which is the usual residence of the household; and

(B) Any equity for one vehicle; and

(3) Meets one of the following conditions:

(A) Is engaged in employment in exchange for wages, salary, income, or in-kind income;

(B) Has a written offer of employment that is scheduled to start within two weeks and employment commences as scheduled;

(C) Meets the definition of self-employed and generates the minimum income level in accordance with section 17-798.3-2;

(D) Is enrolled in and attends an educational program or job training, vocational, or employment training. This includes the break time between classes for the day, for up to four hours per day;

(E) Is participating in the FTW program or a treatment program as required by section 17-656.1-10, except for a participant in the Food Stamp Employment and Training program, and the FTW participant is involved in the required activities written in the FTW employment or individualized service plan;

(F) Is receiving child protective services for family supervision and the need for child care is specified in the family unit's case plan as ordered by the court;

(G) Is in a two-parent family unit where one of the caretakers is in an activity specified under section 17-798.3-9(b)(3) and the other caretaker is determined to have a disability which prevents the caretaker from providing care for their own child. Proof of permanent disability and inability to provide care of the caretaker's own eligible child shall be verified by the written report of a State-licensed physician, psychologist, or psychiatrist. The written report shall be submitted every twelve months;

(H) Is an emancipated minor caretaker under age eighteen years who meets any eligibility condition cited in section 17-798.3-9(b)(3)(A) through (G), and retains custody of his or her own child; or

(I) Is a minor parent of a child and both minor parent and child are residing in the home of an adult caretaker, the adult caretaker shall apply on behalf of the minor parent and the minor parent is participating in any activity under section 17-798.3-9(b)(3)(A) through (G);

(4) Is a resident of the State; and

(5) Establishes a reasonable relationship between the time during which each caretaker participates in an activity as specified under section 17-798.3-9(b)(3) and the time during which child care is needed.

(c) A child care provider:

(1) Shall meet the following conditions in order for child care payments to be authorized:

(A) Be a child care provider licensed by or registered with the department; or

(B) Be an exempt provider listed with the department, providing group child care in accordance with section 17-800; or

(C) Be providing home-based child care, including in-home care, and is complying with the health and safety requirements as established in subchapters 3, 4 and 5; and

(2) Shall submit a written statement to the department that shall attest to:

(A) The provider's willingness to provide care;

(B) The provider's willingness to allow a caretaker unlimited access to the caretaker's child, including written records concerning the caretaker's child, during normal hours of provider operation or whenever children are in the care of the provider;

(C) Rate that will be charged;

(D) Mailing address, child care facility address and telephone number; and

(E) Assurance that the child care facility's premises is safe from hazards.

(3) Shall not be one of the following:

(A) Parents, biological or legal;

(B) Step-parents living in the household;

(C) Guardians or permanent custodians;

(D) Members of the family unit that receives government assistance, including essential persons;

(E) Providers who are not in compliance with State or county regulatory requirements;

(F) Individuals under the age of eighteen years;

(G) Individuals determined by the department to pose a risk to the health and safety of the child;

(H) A sibling of the child needing care who resides in the same home as the child; or

(I) A caretaker.

(d) The department shall:

(1) Verify that the child and caretaker meet the eligibility requirements as described in this chapter;

(2) Verify the identity of the caretaker through readily available documentary evidence including, but not limited to:

(A) Birth certificate;

(B) Passport;

(C) Church record of birth or baptism;

(D) School or employment records or identification;

(E) Motor vehicle operator's license; or

(F) An official document that shows the individual's photograph;

(3) Establish that the child care provider selected by the caretaker is following the provisions of section 17-798.3-9(c);

(4) Allow, at the department's option, for presumptively eligible payments when:

(A) An exempt provider selected by the caretaker meets the requirements of 17-798.3-51(c)(1) through (7)(A); provided that payments shall end upon failure to complete the monitoring inspection visit pursuant to section 17-798.3-51(c)(8), the start of an investigation by the department pursuant to 17-798.3-51(e), or failure to comply with the requirements under subchapters 3, 4 and 5, or chapter 17-801, and such payments shall not be considered an overpayment under section 17-798.3-22(b);

(B) Foster children who do not have documentation to support verification of section 17-798.3-9(a), pending receipt of the documentation within two months from application date; provided that payments shall end after two months and the caretaker failed to comply with this subparagraph, and payments shall not be considered an overpayment under section 17-798.3-22(b); or

(C) Children experiencing homelessness who do not have the documentation to support verification of sections 17-798.3-9(a) and (b), pending receipt of the documentation within two months from application date; provided that payments shall end after two months and the caretaker failed to comply with this subparagraph, and payments shall not be considered an overpayment under section 17-798.3-22(b).

(5) Authorize the initial and subsequent monthly child care payments based on sections 17-798.3-9, 17-798.3-10, 17-798.3-12, 17-798.3-13, 17-798.3-14, 17-798.3-15, 17-798.3-16, 17-798.3-17, 17-798.3-18, 17-798.3-19, 17-798.3-20, 17-798.3-22, 17-798.3-23, and 17-798.3-36, subchapters 3, 4, and 5, and chapter 17-801;

(6) Review eligibility no less than every twelve months or whenever changes that affect eligibility are reported in accordance with section 17-798.3-17; and

(7) Track and monitor appropriateness and utilization of child care and payments.

Haw. Code R. § 17-798.3-9

[Eff 8/6/2021] (Auth: HRS §§ 346-14 and 346-152.50) (Imp: HRS §§ 346-14 and 346-152.5, 45 C.F.R. §§ 98.20, 98.30, 98.31 and 98.41)