N.H. Code Admin. R. He-C 6910.03

Current through Register No. 25, June 20, 2024

Section He-C 6910.03 - Definitions

(a) "Applicant" means a parent, legal guardian, or caretaker relative of the child(ren) who applies for child care scholarship.

(b) "Assistance group" means the individuals who are residing in the same household whose needs and income are considered and combined together when determining eligibility and the amount of assistance for child care.

(c) "Authorized representative" means the person(s) who is designated or authorized by a child care provider to act on behalf of that provider in matters related to billing DHHS for child care services provided and is not the parent of a child in the provider's care who is receiving child care scholarship.

(d) "Authorized service level" means full time, half time, or part time service level based on the number of hours of child care per week required for an approved employment related activity, plus commute time pursuant to in He-C 6910.07(f).

(e) "Caretaker relative" means a specified relative as defined in RSA 167:78, III, namely, "a specified relative, other than a parent, who provides care and parental control to a dependent child."

(f) "Child care" means the act of providing supervision, food, activity, and rest for a child for any portion of a 24-hour day, in order to promote healthy child development.

(g) "Child care scholarship" means payment to a child care provider of child care services on behalf of a family who meets the eligibility criteria of He-C 6910.

(h) "Child experiencing a disability or significant special need(s)" means a child through the age of 17 who has a verified medical, physical, developmental, educational, or emotional disability or significant special need pursuant to He-C 6910.09(j) requiring additional funds for accommodation or classroom adaptation in the child care setting.

(i) "Children experiencing homelessness" means children who lack a fixed, regular, and adequate nighttime residence as defined in the McKinney-Vento Act which includes:

(1) Children who:

a. Are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason;

b. Are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations;

c. Are living in emergency or transitional shelters; or

d. Are abandoned in hospitals;

(2) Children who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings;

(3) Children who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; or

(4) Migratory children as such term is defined in section 1309 of the Elementary and Secondary Education Act of 1995 who qualify as homeless for the purposes of this subtitle because the children are living in circumstances described in (1)-(3) above.

(j) "Commute time" means for employment related child care one hour per day in a week, during which the parent(s) travels for active participation to and from an employment related activity.

(k) "Continued assistance" means a period up to 92 calendar days to allow a parent to engage in an approved activity.

(l) "Cost share" means a DHHS-determined portion of the standard rate charged as a fee to parents for child care services provided based on family size and income pursuant to He-C 6910.18.

(m) "Department" (DHHS) means the department of health and human services for the State of New Hampshire.

(n) "District office (DO)" means one of the New Hampshire regional offices where families can apply for child care scholarship provided by DHHS.

(o) "Eligibility period" means the time for which a family is determined eligible to receive child care scholarship.

(p) "Employment related activities" means participation in an approved activity that is designed to assist parents to enter, re-enter, or remain in the workforce as described in He-C 6910.07(f).

(q) "Enrolled child care provider" means a child care provider who has met the qualifications and requirements found in He-C 6914 and is authorized to receive payment from DHHS for child care services provided. The term includes the definition of "registered provider" as used in RSA 170-E:6-a.

(r) "Expedited child care" means a rapid eligibility determination for child care scholarship utilizing a child care provider currently enrolled with DHHS for any applicant who meets the definition of homelessness in section 725(2) of the McKinney-Vento Homeless Assistance Act, ("McKinney-Vento Act") 42 USC 11434a(2) (2011).

(s) "Family" means a child(ren) and an adult(s) who reside in the same household and who have a birth, foster, step, adoptive, legal guardianship, or caretaker relative relationship.

(t) "Family assistance program recipient" means an individual receiving financial assistance for families with dependent children.

(u) "Family cap amount" means a DHHS determined portion of the standard rate charged as a fee to parents for child care services provided based on family size and income which is determined at initial eligibility or at redetermination pursuant to He-C 6910.18.

(v) "Federal poverty guidelines (FPG)" means poverty guidelines, published in the Federal Register at least annually by the secretary of the United States Department of Health and Human Services, which are used as an eligibility criterion for community services block grant programs.

(w) "Foster parent" means an individual who has a license or permit for foster family care, pursuant to He-C 6446.

(x) "Fraud" means "fraud" as defined in RSA 167:58, IV.

(y) "Full time" means greater than 30 hours of child care per week.

(z) "Graduated phase out" means a 12-month eligibility period for child care scholarship when the assistance group's income exceeds 220% and is less than or equal to 250% of the federal poverty guidelines (FPG) at redetermination.

(aa) "Half time" means greater than 15 and equal to or less than 30 hours of child care per week.

(ab) "Job search" means a 92-calendar day period:

(1) Granted at initial eligibility, during which a parent is actively seeking employment; or

(2) Granted during a 12-month eligibility period when a parent's approved activity terminates, which allows a parent the opportunity to engage or reengage in an approved activity.

(ac) "Legal guardian" means an individual who is given legal authority by a court and charged with the duty to provide care, custody, and supervision of the child(ren).

(ad) "Licensed" means the child care provider has been issued a child care license to operate by the commissioner of DHHS, in accordance with RSA 170-E or has been issued a license to legally operate as a child care provider in accordance with the child care licensing requirements of a state neighboring New Hampshire.

(ae) "License-exempt" means a child care provider is not required to be licensed, in accordance with RSA 170-E:3 (a), (b), (c), (f), (g), and (h), I, or is not required to be licensed but can legally operate as a child care provider in accordance with the regulations of a state neighboring New Hampshire.

(af) "McKinney-Vento Act (McKinney-Vento Act)" means the McKinney-Vento Homeless Assistance Act, 42 USC 11301 (1987).

(ag) "Medical leave" means an illness, injury, or medical condition which temporarily prohibits the eligible parent from participating in employment, training, educational program, mental health treatment program, or substance misuse treatment program. This term includes caring for the other parent of the common child living in the household or another child living in the household.

(ah) "Monthly gross income" means total monthly monies received before taxes and other deductions are applied.

(ai) "NHEP participant" means an individual who is enrolled in the NHEP work program and is receiving TANF financial assistance.

(aj) "New Hampshire employment program (NHEP)" means the program administered by DHHS in accordance with RSA 167:78 through RSA 167:92.

(ak) "Notification" means a written or printed document that advises:

(1) Families of:

a. The results of eligibility determinations; and

b. Other changes in child care scholarship; or

(2) Providers of:

a. Changes to a family's child care scholarship, as applicable;

b. The maintenance of the provider's enrollment status; and

c. Other information related to the provider's compliance with these rules.

(al) "Parent" means an individual who has a birth, adoptive, or step-parent relationship to the child(ren), a foster parent as defined in (x) above, a legal guardian as defined in (ad) above, or a caretaker relative as defined in (e) above.

(am) "Parent with a disability" means a parent who is unable to participate in employment related activities or unable to care for and supervise his or her child(ren) because of a verified physical or mental condition, disease, or a combination of these conditions.

(an) "Part time" means one to 15 hours of child care per week.

(ao) "Provider" means an individual or a public or private organization supplying child care services to a family and requesting enrollment for financial reimbursement from DHHS.

(ap) "Recipient" means a member of a family, who meets eligibility requirements for child care scholarship from DHHS pursuant to He-C 6910.

(aq) "Redetermination" means a scheduled review of a parent's eligibility for child care scholarship, and includes verification of all aspects of eligibility.

(ar) "Satisfactory progress" means meeting the minimum standards set by an organization or agency, or an educational or training facility, which measures a person's:

(1) Proficiency level in an activity; and

(2) Ability to complete the activity in a timely manner.

(as) "Self-employed" means an individual who is employed or directly engaged in an income producing trade or business for the purpose of generating income with repetition and continuity of operation as one's occupation including, but not limited to, sales, services, home construction, lawn and landscaping services, hair styling, and other personal services.

(at) "Standard rate" means a DHHS determined rate used to calculate child care scholarship and cost share amount.

(au) "Temporary assistance to needy families (TANF)" means the financial and medical assistance provided under the New Hampshire employment program (NHEP), family assistance program (FAP), families with older children (FWOC) program, and the interim disabled parent (IDP) program.

(av) "Termination" means the discontinuance of child care scholarship received by an assistance group when the conditions of eligibility for receipt of the assistance are no longer met.

(aw) "Tier 1" means the initial threshold for child care scholarship where the assistance group's gross income is less than or equal to 220% of FPG.

(ax) "Tier 2" means the threshold for child care scholarship where the assistance group's gross income is greater than 220% and less than or equal to 250% of FPG at redetermination, resulting in a 12-month graduated phase out period.

(ay) "Wait list" means a prioritized list of children eligible for child care scholarship who are waiting for funding to become available to receive child care scholarship.

N.H. Code Admin. R. He-C 6910.03

Amended by Volume XXXIV Number 16, Filed April 17, 2014, Proposed by #10565, Effective 4/4/2014, Expires 4/4/2024.

Amended by Volume XXXV Number 36, Filed September 10, 2015, Proposed by #10917, Effective 9/1/2015, Expires9/1/2025.

Amended by Volume XXXVII Number 28, Filed July 13, 2017, Proposed by #12221, Effective 7/10/2017, 7/10/2027.

Amended by Volume XL Number 27, Filed July 9, 2020, Proposed by #13063, Effective 7/1/2020, Expires 7/1/2030