La. Admin. Code tit. 28 § CLXV-509

Current through Register Vol. 50, No. 9, September 20, 2024

Section CLXV-509 - Certification Requirements for Non-Categorically Eligible Households

A. To be certified as a CCAP household, households that are not categorically eligible for participation in CCAP must meet the following requirements:

1. include at least one child who is eligible for CCAP as provided in §503 A;

2. meet all criteria provided in §507 A;

3. have household income that does not exceed 85 percent of the state median income for a household of the same size. Household income is defined as:

a. the gross earnings of the head of household, that person's legal spouse or non-legal spouse, and any MUP who is not legally emancipated and whose children are in need of CCAP care, with the exception of income from:

i. Corporation for National and Community Service (CNCS);

ii. college work study; and iii. disaster-related employment;

b. recurring unearned income of the following types for all household members:

i. Social Security Administration benefits;

ii. supplemental security income;

iii. Veterans' Administration benefits;

iv. retirement benefits;

v. disability benefits;

vi. child support or alimony;

vii. unemployment compensation benefits;

viii. adoption subsidy payments; and

ix. workers' compensation benefits;

4. provide the information and documentation necessary for determining the household eligibility and the amount of the monthly CCAP payment to be made to the provider; and

EXCEPTION: if a household is experiencing homelessness, the household shall have 90 calendar days from the date of its initial determination of eligibility to submit documentation supporting the initial determination of eligibility.

5. training or employment activities.

a. Unless disabled as established by receipt of Social Security Administration disability benefits, supplemental security income, Veterans' Administration disability benefits for a disability of at least 70 percent, or unless disabled and unable to care for his or her child(ren), as verified by a doctor's statement or by worker determination, the head of household must meet the training or employment activity requirements of:

i. being employed for a minimum average of 20 hours per week and all countable employment hours must be paid at least at the federal minimum hourly wage;

ii. attending a job training or educational program for a minimum average of 20 hours per week (attendance at a job training or educational program must be verified, including the expected date of completion); or

iii. being enrolled as a full-time student in an education or training program resulting in a degree or certificate designed to promote job skills and employability. Full-time status is determined by the institution, which must be accredited by the state of Louisiana or a national organization:

(a) the LDE shall review documentation provided by the institution and verify that it is an education or training program providing degrees or certificates designed to promote job skills and employability. Full-time status at an institution that does not promote job skills and employability may not meet the activity requirements of this Paragraph;

iv. being engaged in some combination of employment which is paid at least at the federal minimum hourly wage, or job training, or education as defined in Subparagraph b of this Paragraph that averages at least 20 hours per week.

b. Exception. The employment and training activity requirements provided in this Paragraph may be waived for parents or persons acting as parents who are experiencing homelessness and who demonstrate that they are seeking employment or participating in a transitional living program as defined in §103

c. Exception. If the number of children served drops below 12,500 and funding is available, the 20-hour training or employment requirement referenced in this Section may be reduced by the department until 12,500 children are being served.

d. Exception. The employment and training activity requirements provided in this Paragraph may be reduced to an average of 15 hours per week for households that qualify for special needs child care.

e. Exception. If the head of household is actively seeking employment and/or training, the employment and/or training requirements for household certification provided for in this Paragraph may be waived for 90 days.

i. To become certified as a CCAP household in accordance with this exception, the household must meet all certification requirements in this Section other than the employment and/or training activities required in this Paragraph, and must submit all documentation required for certification, as well as documentation establishing that the head of household is actively seeking employment and/or training.

ii. A household certified for CCAP in accordance with this exception will be certified for 90 days, beginning on the day the household is certified. At the end of 90 days from the date of certification, certification under this exception ends. However, during the 90-day certification period, if the head of household submits documentation establishing employment and/or training, meeting the requirements in Subparagraph a of this Paragraph, then the household may continue to be certified without interruption in accordance with the general certification requirements in this Section.

iii. An application for household certification under this exception will be denied if the household has previously been certified under this exception within the past 24 months.

6. A child must have attended at least one day of care with a certified provider during each month in order for the household to remain certified for that child.

La. Admin. Code tit. 28, § CLXV-509

Promulgated by the Board of Elementary and Secondary Education, LR 412116 (10/1/2015), Promulgated by the Board of Elementary and Secondary Education, LR 4243 (1/1/2016), Amended LR 422175 (12/1/2016), Amended LR 44261 (2/1/2018), effective 3/1/2018, Promulgated by the Board of Elementary and Secondary Education, LR 42:43 (January 2016), amended LR 42:2175 (December 2016), LR 44:261 (February 2018), effective March 1, 2018, LR 45900 (7/1/2019), Amended LR 461373 (10/1/2020), Amended LR 47573 (5/1/2021), Amended LR 4831 (1/1/2022), Amended LR 481270 (5/1/2022).

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:6 and 17:407.28. and 45 CFR Parts 98 and 99.