Rule 37.80.102 - DEFINITIONS As used in this chapter, the following definitions apply:
(1) "Authorization of services" means the span of time, number of hours per week, and schedule that an eligible child is approved for care at a particular provider's facility. In addition, it indicates the monthly payment amount that the family is approved to receive for the indicated child at the indicated facility. The authorization of services is used to create the authorization plan. (2) "Authorization plan" means the document prepared by the department, or its agent, that states the amount of child care assistance to be paid and includes any additional information required by the department. This document is generated after the authorization of services has been created. (3) "Child care" means care by a provider listed in ARM 37.80.101 for a child less than 13 years of age at the time of eligibility determination or a child with disabilities or special needs. The terms "child care" and "day care" have the same meaning and are used interchangeably in this subchapter. (4) "Child care assistance" means a subsidy for child care that is paid to a child care provider on behalf of a parent or guardian. (5) "Child care facility" means a place where a provider listed in ARM 37.80.101 is authorized under license or registration to provide child care. (6) "Child care resource and referral agency (CCR- agency)" or "resource and referral agency" means an agent of the department authorized to determine eligibility for benefits, process payment to providers, and carry out other functions as authorized by the department.(7) "Child with disabilities" means a child with a disability as that term is used in 45 CFR Part 98. (8) "Child with special needs" means a child who requires additional assistance because of an emotional or physical disability, a cognitive delay, or both that is verified by documentation from a medical professional. (9) "Children from the same household" means children who are of the same sibling group.(10) "Copayment" means the portion of child care expenses which the parent is responsible for paying in accordance with the sliding scale established in ARM 37.80.202. (11) "Department" means the Department of Public Health and Human Services. (12) "Federal poverty guidelines (FPG)" or "Federal poverty level (FPL)" means the poverty guidelines published by the U.S. Department of Health and Human Services based on information compiled by the U.S. Bureau of the Census. Upon request, a copy of the guidelines is available from the Department of Public Health and Human Services, Human and Community Services Division, 111 N. Jackson St., P.O. Box 202952, Helena, MT 59620-2925. (13) "Full-time child care" means care certified for over 30 hours per week on a regular basis. (14) "Full-time field experience and class time" means 30 hours per week combined of field experience and class time accrued by a postsecondary education student. (15) "Graduated eligibility" means graduated phaseout as that term is used in the Child Care and Development Block Grant Act of 2014 at 42 USC 9858c(c)(2)(N)(iv). (16) "Household size" means the number of household members including the parents, as the term is defined in this chapter, and the children of the parents, but not including adults living in the household other than the parents, unless the income of such adults is counted in computing the household's monthly income under this chapter. (17) "Infant/toddler" for payment purposes means a child from birth to through the end of the 35th month of age. (18) "Intentional program violation (IPV)" means conduct by a parent or provider described in ARM 37.80.506. (19) "Monthly income" means gross monthly income of the parent or parents residing with the child and the income of adults in the household who are included in the calculation of household size as provided in ARM 37.80.202. The income of a parent not residing with the child will be counted as monthly income under this chapter only in cases where such parent's income is available to support the household of the child. Any child support provided by a parent not residing with the child to the household of such child will be counted as monthly income, and such child support will be deemed to constitute the extent to which the nonresidential parent's income is available to the household. The following sources of income are the only sources that will not be counted in determining gross monthly income: (a) educational loans, scholarships, and grants ; (b) earned income tax credit; (c) tribal per capita payments; (d) independent living INC payments for youth;(e) foster care support services; (g) a minor's earned income, if attending high school or a GED-type program; and(h) supplemental security income (SSI) payments. (20) "Non-traditional hours of care" refers to the hours of care that fall outside of the traditional child care hours of 6 a.m. to 6 p.m. Monday through Friday. (21) "Overpayment" means a payment of child care assistance to a parent or provider, by the department or its agent, that is more than the amount the parent or provider is properly authorized to receive by federal or state law. An overpayment may result from the intentional or unintentional action of a parent, guardian, provider, department, or department's agent. (22) "Parent" or "parent or guardian" means: (a) a biological or adoptive parent of a child; (c) a guardian generally authorized to act as the child's parent;(d) an individual acting in the place of a biological or adoptive parent, including a grandparent, stepparent, or other relative with whom the child lives; or (e) an individual who is legally responsible for the child's welfare. (23) "Part-time child care" means care authorized for 30 hours or under per week on a regular basis. (24) "Preschool" means an educational program or school environment targeted to children at age four and up to kindergarten entry. (25) "Preschool-age child" for payment purposes means a child from thirty-six months up to their sixth birthday. (26) "Provider" means a licensee or registrant listed in ARM 37.80.101.(27) "Provider Rate" means the amount of reimbursement the department will pay an enrolled provider for child care provided to an eligible, enrolled child.(28) "Relative care" has the same meaning as "relative care" defined by the Child Care Licensing Program in ARM 37.95.102. (29) "School-age child" for payment purposes means a child from six through the end of the 12th year of age.(30) "Teen parent" means a parent who is attending high school, GED courses, or an equivalency program and has not yet attained the age of 20 years.(31) "Training" means vocational or educational training meeting the requirements of this chapter.Mont. Admin. r. 37.80.102
NEW, 1992 MAR p. 1863, Eff. 8/28/92; AMD, 1997 MAR p. 578, Eff. 3/25/97; AMD, 1997 MAR p. 1920, Eff. 10/21/97; TRANS & AMD, from DFS, 1998 MAR p. 3117, Eff. 11/20/98; AMD, 2002 MAR p. 1989, Eff. 5/31/02; AMD, 2003 MAR p. 1306, Eff. 7/1/03; AMD, 2005 MAR p. 1057, Eff. 7/1/05; AMD, 2011 MAR p. 323, Eff. 3/11/11; AMD, 2012 MAR p. 195, Eff. 1/27/12; AMD, 2014 MAR p. 599, Eff. 3/28/14; AMD, 2016 MAR p. 1711, Eff. 9/30/2016; AMD, 2018 MAR p. 457, Eff. 2/24/2018; AMD, 2018 MAR p. 1283, Eff.7/7/2018; AMD,2020 MAR p. 687, Eff.6/1/2020AUTH: 52-2-704, 53-4-212, MCA; IMP: 52-2-704, 52-2-713, 52-2-721, 52-2-722, 52-2-723, 52-2-731, 53-2-201, 53-4-211, 53-4-601, 53-4-611, 53-4-612, MCA