18 Miss. Code. R. 17-2.1

Current through December 10, 2024
Rule 18-17-2.1 - Definitions

The Definitions below will assist both Parents and Providers on the various terms used for CCPP:

A. Absent Day

Any day in which a child does not attend the child care center/setting for the scheduled hours he/she is enrolled.

B. Abused Child

A child whose parent, guardian, custodian, or any person responsible for the care or support, whether legally obligated to do so or not, has caused or allowed to be caused, upon the child, sexual abuse, sexual exploitation, emotional abuse, mental injury, nonaccidental physical injury or other maltreatment. An "abused child" also means a child who is or has been trafficked within the meaning of the Mississippi Human Trafficking Act by any person, without regard to the relationship of the person to the child.

C. Actual Classroom Hours

The time actually spent in a classroom setting.

D. Administrative Agency Appeal Hearing

An informal proceeding held before an impartial Mississippi Department of Human Services (MDHS) administrative hearing officer, in which an applicant or recipient appeals an adverse agency action.

E. Administrative Disqualification Hearing

A hearing initiated by MDHS whenever there is documented evidence to substantiate that a claimant of a state or federal program committed an act that constitutes a violation of said regulations or any related state statute, with the exception of the Supplemental Nutrition Assistance Program (SNAP).

F. Adult

A person who is age eighteen (18) years or older.

G. Agency Error (AE)

Occurs when MDHS staff incorrectly takes action or fails to take action that causes an improper payment.

H. Authorized Representative

An individual who, via written authorization by the parent or legal guardian, may speak or act on the parent's behalf. Written authorization must come to the Division of Early Childhood Care & Development (DECCD) directly from the parent or legal guardian and be maintained in the parent or legal guardian's case file in the Child Care Payment System (CCPS).

I. Care Giver

An individual at least eighteen (18) years of age with at least a high school diploma or equivalent GED who provides direct child care, supervision, and guidance to an eligible child.

J. CCPP-Approved Provider

A child care facility or individual that has been determined eligible by DECCD through meeting minimum requirements to participate in the Child Care Payment Program (CCPP).

K. Center Based Provider

A non-residential facility that is licensed by the Mississippi State Department of Health (MSDH) to regularly provide shelter and personal care for six (6) or more children who are not related to the operator within the third degree computed according to the civil law and who receive care for any part of a 24-hour day (Miss. Code § 43-20-5).

L. Child Care and Development Fund (CCDF)

A federally funded program designed to improve the quality of child care and provide access to child care services for eligible low-income families so they can work or attend an education or job training program provided under the Child Care Development Block Grant (CCDBG).

M. Child Care Certificate

Issued by DECCD directly to the parent of a child who has been determined eligible for CCDF funds. A child care certificate (voucher) is assistance to the parent that allows a CCPP approved provider to claim CCPP reimbursement for child care services delivered. Child Care Certificates are only valid when care is provided by the approved provider at the approved location indicated on the certificate.

N. Child Care Development Block Grant (CCDBG)

The primary source of the United States federal funding for child care subsidies for low- income working families and funds to improve child care quality.

O. Child Care Payment Ledger

The method used in the Child Care Payment System (CCPS) for providers to record attendance of enrolled children. Providers are paid based on the claims submitted on the payment ledger.

P. Child Care Payment Program (CCPP)

Child Care Payment Program is the name Mississippi uses for the CCDF program which is administered by MDHS to provide child care payment assistance to eligible low-income families through the CCDF.

Q. Child Care Payment System (CCPS)

This system used by DECCD staff to process parent applications and to determine eligibility. The system is also used by parents to submit applications, updates, and renewals and by providers to submit payment ledgers, updates and renewals.

R. Child Care Services

Care provided for a fee by a child care provider to an eligible child or children in the parent or guardian's absence.

S. Child Care Staff

A care giver who provides child care services for a child(ren) when the parent(s) and other family members are unavailable. Including the child care director, hired staff, volunteers, and drivers.

T. Child with Special Needs

A child under the age of 19 who meets the Supplemental Security Income (SSI) definition of disability by having a medically determined physical or mental impairment that results in marked and severe functional limitations, that can be expected to result in death, or that has lasted or can be expected to last for a continuous period of not less than twelve (12) months.

U. Child in Protective Services

Children that are court ordered to receive Protective Services or supervision from the Mississippi Department of Child Protection Services (MDCPS). This terms also refers to children of emergency personnel during declared Disaster or Emergency Conditions.

V. Consumer Education Website

The consumer education website is available to parents, providers, and the general public to ensure access to information and services within the state.

W. Co-Payment Fee

A mandatory parent or guardian contribution to the cost of child care in the CCPP that is paid directly from the parent or guardian to the provider and is determined by DECCD through application of a sliding fee scale.

X. Critical Violation

Violation of rule(s) identified by the Mississippi State Department of Health (MSDH) in the Regulations Governing Licensure of Child Care Facilities as most critical because non- compliance with those rules poses a threat to the health, safety, or well-being of the children in care and to the operation of the center.

Y. Deadline

Refers to the last day any action can occur on processes related to parents or providers.

Z. Degrees of Kinship According to The Law

The first degree of kinship refers to parents and children. The second degree of kinship refers to siblings (brothers and sisters), grandparents, and grandchildren. The third degree of kinship refers to uncles, aunts, nieces, nephews, great-grandparents, and great- grandchildren.

AA. Designated Study Hours

Study hours are allowed in a 1:1 ratio with actual classroom hours the parent/guardian participates in and cannot exceed actual classroom hour enrollment for the parent/guardian.

BB. Director

The person who has primary responsibility for the daily operations and management of a child care center. CCPP approved providers must be onsite for a minimum of 60% of the operating hours of each program day to receive reimbursement.

CC. Director Designee

Any individual designated to act as the director, having all responsibility and authority of a director, during the director's short-term absence, as defined by the Mississippi State Department of Health (MSDH).

DD. Educational Hours

Hours which may be a combination of actual classroom hours and designated study hours for parents/guardians enrolled in educational programs/job training.

EE. Educational Program/Job Training

A program offering educational or job training content. Educational programs must be accredited by the State of Mississippi or a national organization. Job Training programs must result in a certificate of completion or professional certification. If employer offered, verification of participation in a Job Training program can be provided by the employer. Participation may be used to meet the work requirement for CCPP eligibility.

Attending Educational Program/Job Training - Full-time enrollment in an education and/or job training program resulting in a degree or certificate designed to promote job skills and employability, or a combination of the two (2). Full-time enrollment is defined by the institution providing the education and/or job training program.

FF. Eligible Child

A child meeting the eligibility requirements either through family or individual conditions as set forth by the CCDBG Act and this policy manual.

GG. Eligibility Period

A period of at least twelve (12) months during which a family or child is eligible to receive child care subsidy. Periods of eligibility shall be shortened for violations of eligibility or fraud.

HH. Emergency Preparedness Plan

Each child care center is required to have an emergency preparedness plan - all activities and processes designed to prepare for an unsafe event and deal with the immediate emergency conditions created by or associated with the event, per the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5195 a(a)(1)).

II. Excessive Absences

A child absent from the child care provider for sixty (60) consecutive calendar days or more without contact with the child care provider.

JJ. Families with Very Low Income

A family with the total family income at or below 50% of the State Median Income (SMI).

KK. Family Child Care Provider

A person which provides shelter and personal care for five (5) or fewer children who are not related within the third degree computed according to the civil law to the operator and who are under 13 years of age and under 19 years of age for children with special needs, for any part of the 24-hour day, whether such place be organized or operated for profit or not within a Family Child Care Home. This facility must be registered with and monitored by the Mississippi State Department of Health (MSDH).

LL. Family Unit

Any person living in the household who is financially or legally responsible for the care of the child(ren) included in an application for a child care certificate.

MM. Full-Time Child Care

Child care provided for six (6) or more hours of a 24-hour day. Full-time child care should meet the needs and reflect the work, education, or job training schedule of the parent.

NN. Gross Income

The income before any deductions of any member of the family as defined above.

OO. Homeless Children

The McKinney-Vento Homeless Education Assistance Improvements Act of 2001 defines homeless children and youth as "individuals who lack a fixed, regular, and adequate nighttime residence." Examples of homeless children and youth include those who 1) share the housing of other persons due to loss of housing, economic hardship, or a similar reason (sometimes referred to as doubled-up); 2) live in motels, in hotels, or on camping grounds due to lack of adequate alternative accommodations; 3) live in emergency or transitional shelters; 4) were abandoned in hospitals; 5) await foster care placement; 6) have a primary nighttime residence that is not ordinarily used as a regular sleeping accommodation for human beings; 7) live in caves, parks, public spaces, abandoned buildings, substandard housing, and bus or train stations; and 8) are migratory children and youth living in any circumstances described above.

PP. Improper Payment

A payment made to a provider on behalf of a parent or guardian for CCDF subsidy at the time the payment was made. The error may have been due to Agency Error (AE), Unintentional Program Violation (UPV), or Intentional Program Violation (IPV).

QQ. Income

Funds received by all applicable individuals as described in this policy that are not supplemented by any public assistance other than child support received, medical assistance, or the Supplemental Nutrition Assistance Program (SNAP). Income that is counted towards the maximum allowable income limit includes: wages or salary (gross income of any family unit as defined above), base pay for military personnel, net income from self-employment, unemployment compensation, worker's compensation, alimony (regular and ongoing payments), veteran's benefits, military allotments, capital gains, rental income (regular and ongoing payments), dividends (regularand ongoing payments), retirement/pension, commission, cash bonuses, and regular or lump sum payments.

RR. Infants

Children from birth through 12 months.

SS. In-Home Care Provider

A provider that cares for a special need child in the child's home. Provider must be at least 18 years of age and shall not reside in the child's home. The limitations on in-home care are that all children must reside in the home, must be related or connected through Child Protective Services placement or adoption, and must have special needs. A maximum of three children are allowed in the home at any one time. Providers must also register with MSDH and hold a Special Needs In-Home Certificate.

TT. In Loco Parentis

An individual who functions in place of a parent, if the child's parent is unable to act as the parent or has delegated his or her parental authority. The term describes someone who provides care and supervision like a parent but without going through the formalities of legal adoption or guardianship. Requires submission of a Guardianship/In Loco Parentis Verification form as part of the Child Care Payment Program (CCPP) application process.

UU. Intentional Program Violation (IPV)

An intentional act by the parental authority or a child care provider to misrepresent or mislead by providing false documentation or verification or intentionally omitting documentation or verification in an effort to wrongfully obtain eligibility for services or payment, which is proven by clear and convincing evidence.

VV. Lead Agency

The Mississippi Department of Human Services (MDHS) is the state entity that serves as the Lead Agency for the administration of programs and services funded by the Child Care and Development Fund.

WW. License -Exempt Child Care Provider

A child care provider that meets one of the conditions for exemption as established by Mississippi law. A License-Exempt provider must meet one of the exemptions AND one of the legal definitions for a child care provider as defined in Mississippi law. Proof of License exempt status is provided solely by the Mississippi State Department of Health.

XX. Licensed Child Care Provider

A provider licensed to deliver child care services for fewer than 24 hours per day per child in a non-residential setting. Providers who meet a condition of license exemption as described in Mississippi Law and are voluntarily licensed, as well as providers in residential settings who are voluntarily licensed are also identified as a Licensed Child Care Provider.

YY. Licensing or Regulatory Requirements

Requirements necessary for a provider to legally provide child care services in a state or locality including regulations and requirements established under State, Local, or Tribal law. The Mississippi Child Care Licensing Law (see Miss. Code § 43-20-3) provides the legal authority under which the Mississippi State Department of Health (MSDH) regulates health, safety, and welfare in licensed child care facilities.

ZZ. Mississippi Early Learning Guidelines and Standards

Educational standards and guidelines for children from birth through four-years old.

AAA. Natural Disaster

Catastrophic events that cause, or may cause, substantial damage or injury to civilian property or persons, per Section 602(a)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5195 a(a)(1)). Examples of these events include but are not limited to hurricanes, tornados, floods, earthquakes, fires, or snowstorms.

BBB. Neglected Child

A child (i) whose parent, guardian or custodian or any person responsible for his care or support, neglects or refuses, when able so to do, to provide for him proper and necessary care or support, or education as required by law, or medical, surgical, or other care necessary for his well-being; (ii) who is otherwise without proper care, custody, supervision or support; or (iii) who, for any reason, lacks the special care made necessary for him by reason of his mental condition, whether the mental condition is having mental illness or having an intellectual disability; or (iv) who, for any reason, lacks the care necessary for his health, morals or well-being.

CCC. Non-Traditional Care

Includes weeknight care and supervision of children for less than 24-hours per day within the twelve hours between 6:00 p.m. and 5:59 a.m., and/or weekend care and supervision of children between 6:00 p.m. Friday and 5:59 a.m. Monday.

DDD. Notice of Redetermination (Parent)

Informs the parent and provider of a child's upcoming redetermination of eligibility.

EEE. Notice of Redetermination (Provider)

Informs the provider of an upcoming redetermination of eligibility.

FFF. Parent

A mother or father by blood, marriage, or adoption; a legal guardian; or another person standing in loco parentis.

GGG. Parent with A Disability

A parent who meets the SSI definition of disability by being unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than twelve (12) months.

HHH. Part-Time Child Care

Child care provided for fewer than six (6) hours of a 24-hour day.

III. Preschool-Aged Child

Children from three (3) years of age up to their first day of kindergarten, with the exception of children participating in Early Head Start, Head Start, or public PreK programs during the school day.

JJJ. Priority Population

A term used to refer to a population with shared characteristics and identify the order in which applications will be processed in the event that funding is inadequate to serve all applicants.

KKK. Provider

A general term used to refer to any center or individual providing care to children as described in this policy manual.

LLL. Provisional Child Care Certificate

A child care certificate that is issued to children of parents with Temporary Assistance for Needy Families (TANF) and Transitional Child Care (TCC) cases who are no longer qualified due to TANF guidelines, with the exception of cases excluded for intentional program violation. The provisional certificate is issued at the end date of the TANF or TCC case closure and allows for a full consecutive twelve (12) months of child care subsidy. The provisional certificate is issued upon closure of TANF or TCC cases for the remainder of a twelve (12) month period from the initial issue date of the original certificate.

MMM. Redetermination of Eligibility

Eligibility for child care assistance through the Child Care Payment Program (CCPP), which is to be conducted no more frequently than every twelve (12) months for each eligible family.

NNN. Residing/Living With

Living with, including taking meals and sleeping in the same house, for a majority of a seven (7) day period beginning Sunday and ending Saturday.

OOO. Referral & Resource Centers (R&Rs)

Offer technical assistance, training, consultation, materials and resources on developmentally appropriated practices, health related issues and practices. R&Rs offer consumer education to parents and interested parties on a variety of health, social support programs, and child care options. The R&Rs are able to assist providers to include children with disabilities in their programs and provide onsite consultation to assist providers in problem solving child care, health and inclusion issues. In addition, R&Rs identify unmet training needs of providers and provide information on existing training opportunities or arrange for training when none exists.

PPP. School-Aged Care

Child care services for school-age children or those attending other educational programs such as Head Start or public pre-K during the hours before and after the regular school day. The regular school day is defined by the educational program providing the child care services. Extended day care child care is available before and after school for Early Head Start and Head Start children (6 weeks to 5 years) and school-age children (ages 5-12) who need such care due to the work, education, or job training schedule of their parent(s).

QQQ. School-Age Child

A child who is five (5) years of age or older and eligible to be enrolled in public school.

RRR. Seasonal Workers

Individuals whose employment is seasonal and may include periods of unemployment due to the nature of their work.

SSS. Serious Injury

Injuries that require medical attention by a licensed health practitioner or as defined by the MSDH regulations.

TTT. Social Security Benefits

Benefit payments to individuals or certain family members based on how long the individual worked and whether the individual paid sufficient Social Security taxes, considered as countable income for eligibility purposes.

UUU. Standard Child Care Center

A standard designation sets a minimum standard for quality for CCPP child care providers.

VVV. State Median Income (SMI)

The median income of all Mississippi employees.

WWW. Substantiated Child Abuse

Cases of child abuse occurring in child care settings that have been confirmed by law enforcement and/or the Mississippi Department of Child Protection Services or a state authorized agency.

XXX. Summer Care

Child care for eligible children during the summer months, when primary school settings are not in session.

YYY. Supplemental Security Income (SSI)

A monthly payment to a person for having a medically proven physical or mental condition that causes marked and severe functional limitations that are expected to last at least twelve (12) months in duration. Unlike Social Security Benefits, SSI benefits are not based on prior work or a family member's prior work. SSI is considered as countable income for eligibility purposes.

ZZZ. Teen Parent

Any student parent under the age of 18 who is either enrolled in high school fulltime or attending a full-time educational program.

AAAA. Temporary Assistance for Needy Families (TANF)

A federal subsidy program that provides time-limited benefits to eligible families.

BBBB. Temporary Change

A temporary change is defined as temporary job loss, or if a working parent is temporarily absent from employment due to extended medical leave, has changes in seasonal work schedule, or if a parent is enrolled in a training or educational program that is temporarily not attending classes between semesters. Assistance will not be terminated due to a temporary change.

CCCC. Temporary Long-Term Absences

A child's absence of more than sixty (60) days due to special circumstances such as chronic illness of the child, custody situation that requires the child to spend extended time with a non-custodial parent, or a temporary move out of state. If pre-approved by DECCD, the CCPP certificate will not be terminated.

DDDD. Terminated Child Care Certificate

A certificate that has been used as payment for child care services for a period of time and is no longer valid.

EEEE. Toddler

Any child who is more than twelve (12) months old but less than 36 months old.

FFFF. Transitional Child Care (TCC)

Up to 24 months of subsidized child care for eligible parents, issued by the MDHS Division of Economic Assistance to assist parents in making a successful transition from TANF to self-sufficiency.

GGGG. Unintentional Program Violation (UPV)

An improper payment made on behalf of a parent/guardian to a child care provider, due to a misunderstanding of policy or an unintended error on the part of the parent or child care provider.

HHHH. Vendor Payment

A payment made on behalf of a household by a third party to the household's creditors or a person or organization providing a service to the household. Vendor payments are not countable as income.

IIII. Work Requirement

The Parent or Guardian work requirement is met through performing duties to earn a wage. The work requirement is met through performing duties to earn a wage. Applicants may combine work hours with enrollment in an educational/job training program to satisfy this requirement.

18 Miss. Code. R. 17-2.1

45 CFR 98; Miss. Code Ann. § 43-1-2(4); Miss. Code Ann. § 43-1-4 Revised: May 2023.
Adopted 3/6/2020
Amended 11/1/2021
Amended 5/15/2023