Md. Code Regs. 13A.14.06.03

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Current through Register Vol. 51, No. 21, October 18, 2024

Section 13A.14.06.03 - Eligibility

A. To be eligible for the CCS Program, a customer shall:

(1) Be a resident of the State of Maryland;

(2) Meet the need requirement set forth at amp;sect;E of this regulation; and

(3) Meet the income requirement set forth at amp;sect;F of this regulation of this chapter.

B. Citizenship Status. To receive CCS Program services, a child shall be a:

(1) United States (U.S.) citizen; or

(2) Qualified alien, as defined in Regulation .02B(44) of this chapter.

C. Proof of Identity.

(1) At the time of initial application for CCS Program services, a customer shall submit to the contractor acceptable proof of identity for each family member;

(2) Acceptable proof of identity is limited to:

(a) A valid U.S. passport;

(b) A birth certificate;

(c) Documentation of birth abroad issued by the U.S. Department of State;

(d) Documentation issued by an agency of the U.S. government that certifies the applicant as:

(i) A naturalized U.S. citizen;

(ii) A permanent resident alien;

(iii) The holder of a current non-immigrant work visa;

(e) A valid, unexpired foreign passport with a current U.S. visa affixed and accompanied by documentation of the applicant's most recent entry into the U.S.;

(f) Any other document designated by an agency of the U.S. government, and established by notice in the Federal Register, as acceptable for certifying proof of identity;

(g) A valid driver's license, issued by Maryland or by another state; or

(h) A Maryland State Motor Vehicle Administration photo identification card.

(3) Services shall be denied for a child for whom care is requested if acceptable proof of identity for that child is not provided.

(4) Proof of identity shall be maintained by the contractor in the customer's CCS Program case record.

D. Child Immunizations.

(1) Before a child may begin receiving CCS Program services, the:

(a) Child shall have had immunizations appropriate for the child's age that meet the immunization guidelines set by the Maryland Department of Health (MDH); and

(b) Child's immunization status shall have been documented on an immunization certificate form provided by MDH.

(2) Exemption from Immunization.

(a) Section amp;sect;D(1) of this regulation does not apply if a child's:

(i) Documented medical condition contraindicates immunization; or

(ii) Parent objects to the immunization on religious grounds.

(b) If the child's parent objects to a child's immunization or medical examination, or both, on religious grounds, the contractor shall require the parent to:

(i) Provide a written health history of the child; and

(ii) Sign a statement indicating that to the best of the person's knowledge and belief, the child is in satisfactory health and free from any communicable disease.

(3) The immunization requirement is met when the customer submits to the contractor a written declaration, on a form supplied or approved by the CCS Branch, affirming that the child attends a:

(a) Registered family child care home, licensed child care center, letter of compliance facility, or large family child care home where the child's immunization records are maintained in accordance with applicable COMAR requirements; or

(b) Full-day program at a public or nonpublic school where the child's immunization records are maintained.

E. Need. The need requirement is met:

(1) When the child's parent, caretaker, or legal guardian is not available or capable to care for the child, no other acceptable child care plan can be arranged, and one or more of the priority situations exist according to Regulation .08A of this chapter;

(2) By a customer who meets the requirements specified in Regulation .08A(1) of this chapter:

(a) During approved activity periods;

(b) Before beginning an approved activity for a period not to exceed 1 month;

(c) During gaps in approved activities for a period not to exceed 1 month; or

(d) As necessary to accept employment or to remain employed and if the child care would otherwise be lost; or

(3) By a customer who meets the requirements specified in Regulation .08A(2) and (3) of this chapter:

(a) While employed; and

(b) During gaps in employment for a period not to exceed 1 month and if the child care would otherwise be lost, to:

(i) Seek employment;

(ii) Accept employment; or

(iii) Remain employed.

F. Income.

(1) An applicant shall meet the income eligibility requirements set forth at amp;sect;H of this chapter, except for the following who are exempt:

(a) TCA customers; or

(b) Recipients of SSI.

(2) Except when TCA is received only for a child, the income requirement is met by a family that:

(a) Receives TCA; and

(b) Has an annual gross income not exceeding the maximum income for family size as specified in the income eligibility scale set forth at amp;sect;H of this regulation.

(3) For purposes of determining parental copayments and subsidy amounts, a family's annual or annualized gross income, as defined at Regulation .02B(30) of this chapter, shall be used.

(4) Annualization of gross income shall be performed by multiplying:

(a) Weekly income by 52;

(b) Bi-weekly income by 26;

(c) Twice monthly income by 24;

(d) Monthly income by 12; or

(e) Quarterly gross income by 4.

(5) A customer applying for CCS Program services shall provide acceptable documentation to the contractor of all current income, whether derived from employment or another source, that is received on a regular or a recurring basis by:

(a) The customer; and

(b) Each family member.

(6) Acceptable documentation of employment earnings received, including cash earnings, is limited to:

(a) The most recent 4 weeks of pay stubs indicating gross income from each employer, if the stubs indicate the individual's pay frequency or schedule;

(b) A statement from each employer, signed and dated by the employer or bearing the employer's official business stamp, that indicates the:

(i) Employer's name, address, and telephone number;

(ii) Employer's type of business;

(iii) Gross earnings for the most recent pay period;

(iv) Pay frequency or schedule; and

(v) If available, total gross earnings to date;

(c) The individual's most recent federal income tax return, if filed within the past 12 months;

(d) Payment receipts for services rendered, where the type of employment, such as but not limited to restaurant waitress, beautician, or taxicab driver, may not generate an earnings statement or a pay stub; or

(e) If none of the types of documentation listed at amp;sect;F(6) of this regulation is able to be produced, a signed and dated statement from the customer attesting to current gross earnings, the frequency or schedule of those earnings, and the type of employment.

(7) The customer shall submit to the contractor the applicable income documentation described at amp;sect;F(6) of this regulation:

(a) Within 30 calendar days of applying for CCS Program services; and

(b) After approval for CCS Program services, at least annually for the duration of those services.

(8) Special Income Calculation.

(a) Self-Employment.

(i) For income eligibility determination purposes, a flat 30% is subtracted from the annual gross taxable self-employment income amount for business-related expenses.

(ii) A salary drawn by the customer from a business owned wholly or in part by the customer shall not be applied toward calculation of the customer's gross income.

(b) Military Service Pay.

(i) Paid rental and mortgage fees shall be deducted from the allowance and only the excess amount shall be counted as gross income.

(ii) If a military spouse is absent from the home solely due to military deployment, the spouse's gross income shall be counted as a part of the family gross income.

(c) Child Support.

(i) The customer's three most recent consecutive months of support payments shall be counted as gross income.

(ii) If a customer has received child support for less than three months, an average of the payments received to date will be used to determine gross income.

(iii) Payments that are made directly to a vendor on a regular basis on behalf of the customer shall be counted as gross income.

(iv) If in-kind support is received, the customer shall apply a fair market value to the item or service and count that value as gross income.

G. To maintain eligibility for CCS Program services, a family or individual shall report to the local department within 10 days of its occurrence any change in:

(1) Income;

(2) Employment;

(3) Family composition;

(4) Marital status;

(5) Address; and

(6) Needed hours or days for child care services.

H. Income Eligibility Scale.

Family Size	Gross Income	Copayment Level
1	$ 0-13,618	A
	13,619-17,022	B
	17,023-18,724	C
	18,725-20,425	D
	20,426-22,128	E
	22,129-23,830	F
	23,831-25,533	G
	25,534-29,362	H
	29,363-33,192	I
	33,193-37,193	J
2	$ 0-17,808	A
	17,809-22,259	B
	22,260-24,485	C
	24,486-26,710	D
	26,711-28,936	E
	28,937-31,163	F
	31,164-33,389	G
	33,390-38,397	H
	38,398-43,405	I
	43,406-48,637	J
3	$ 0-21,998	A
	21,999-27,496	B
	27,497-30,247	C
	30,248-32,995	D
	32,996-35,745	E
	35,746-38,495	F
	38,496-41,245	G
	41,246-47,431	H
	47,432-53,617	I
	53,618-60,081	J
4	$ 0-26,188	A
	26,189-32,734	B
	32,735-36,008	C
	36,009-39,279	D
	39,280-42,554	E
	42,555-45,828	F
	45,829-49,102	G
	49,103-56,466	H
	56,467-63,830	I
	63,831-71,525	J
5	$ 0-30,378	A
	30,379-37,971	B
	37,972-41,769	C
	41,770-45,564	D
	45,565-49,362	E
	49,363-53,160	F
	53,161-56,958	G
	56,959-65,501	H
	65,502-74,043	I
	74,044-82,969	J
6	$ 0-34,568	A
	34,569-43,208	B
	43,209-47,530	C
	47,531-51,849	D
	51,850-56,171	E
	56,172-60,493	F
	60,494-64,814	G
	64,815-74,535	H
	74,536-84,256	I
	84,257-94,413	J
7	$ 0-35,354	A
	35,355-44,190	B
	44,191-48,611	C
	48,612-53,027	D
	53,028-57,447	E
	57,448-61,867	F
	61,868-66,287	G
	66,288-76,229	H
	76,230-86,171	I
	86,172-96,558	J
8	$ 0-36,139	A
	36,140-45,173	B
	45,174-49,691	C
	49,692-54,206	D
	54,207-58,724	E
	58,725-63,242	F
	63,243-67,760	G
	67,761-77,923	H
	77,924-88,086	I
	88,087-98,704	J
9	$ 0-36,925	A
	36,926-46,155	B
	46,156-50,771	C
	50,772-55,384	D
	55,385-60,001	E
	60,002-64,617	F
	64,618-69,233	G
	69,234-79,617	H
	79,618-90,001	I
	90,002-100,850	J
10	$ 0-37,711	A
	37,712-47,137	B
	47,138-51,851	C
	51,852-56,562	D
	56,563-61,277	E
	61,278-65,992	F
	65,993-70,707	G
	70,708-81,311	H
	81,312-91,916	I
	91,917-102,996	J

Md. Code Regs. 13A.14.06.03

Regulations .03 adopted effective July 21, 1976 (3:15 Md. R. 785)
Regulations .03, Purchase of Child Day Care, adopted effective January 16, 1984 (11:1 Md. R. 35)
Regulations .03 amended as an emergency provision effective July 1, 1989 (16:14 Md. R. 1562); amended permanently effective November 13, 1989 (16:22 Md. R. 2363)
Regulation .03 amended effective July 29, 1985 (12:15 Md. R. 1509); August 10, 1987 (14:16 Md. R. 1771); March 4, 1991 (18:4 Md. R. 446); September 13, 1993 (20:18 Md. R. 1428)
Regulation .03D amended effective September 5, 1988 (15:18 Md. R. 2145)
Regulations .03 amended, Regulation .11 repealed, and new Regulation .11 adopted as an emergency provision effective September 1, 1995 (22:19 Md. R. 1459); emergency status extended at 23:6 Md. R. 468
Regulations .03 amended, new Regulation .03-1 adopted, as an emergency provision effective June 1, 1996 (23:13 Md. R. 927); emergency status expired December 1, 1996
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Regulations .03 adopted effective October 1, 1996 (23:19 Md. R. 1374)
Regulations .03 amended as an emergency provision effective August 1, 1997 (24:16 Md. R. 1140)
Regulations .03 amended as an emergency provision effective October 6, 1997 (24:21 Md. R. 1443); amended permanently effective December 29, 1997 (24:26 Md. R. 1755)
Regulation .03D amended effective February 1, 2004 (31:1 Md. R. 30)
Regulation .03D amended as an emergency provision effective October 15, 2007 (34:23 Md. R. 2019)
Regulation .03D amended effective March 24, 2008 (35:6 Md. R. 699)
Regulations .03 adopted effective January 4, 2010 (36:26 Md. R. 1996)
Regulation .03 amended effective 42:6 Md. R. 512, eff.3/30/2015; amended effective 45:23 Md. R. 1071, eff. 11/19/2018