55 Pa. Code § 3042.3

Current through Register Vol. 54, No. 44, November 2, 2024

Section 3042.3 - Definitions

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

Adjusted family income-Gross countable family income, minus allowable deductions.

Annual income-The family's adjusted monthly income, multiplied by 12 months.

Appeal-A written or oral request by a parent, caretaker or individual acting on behalf of a parent or caretaker for a hearing under Chapter 275 (relating to appeal and fair hearing and administrative disqualification hearings), indicating disagreement with a Departmental or eligibility agency action or failure to act that affects the family's eligibility for subsidized child care.

Application-A signed, dated request by a parent, caretaker or individual acting on behalf of a parent or caretaker for subsidized child care.

CAO-County Assistance Office-The local office of the Department responsible for the determination of eligibility and service delivery in the Cash Assistance, Medical Assistance and Supplemental Nutrition Assistance Programs.

CRNP-Certified registered nurse practitioner.

Caretaker-An individual who has legal custody of the child or any one of the following individuals who lives with and exercises care and control of the child:

(i) A foster parent.

(ii) A grandparent.

(iii) A great-grandparent.

(iv) An aunt.

(v) An uncle.

(vi) A sibling who is 18 years of age or older.

Child care-Care instead of parental care for part of a 24-hour day.

Collateral contact-A form of verification in which the eligibility agency obtains information from a third party.

Copayment-The weekly amount the family pays for subsidized child care.

Department-The Department of Human Services of the Commonwealth.

Disability-A physical or mental impairment that precludes a parent or caretaker from participating in work, education or training.

Disqualification-The prohibition against receipt of subsidized child care that results from fraud or an intentional program violation.

Domestic and other violence (domestic violence)- Includes one of the following:

(i) A physical act that results in, or threatens to result in, physical injury to the individual.

(ii) Mental abuse, including stalking, threats to kidnap, kill or otherwise harm people or property, threats to commit suicide, repeated use of degrading or coercive language, controlling access to food or sleep, and controlling or withholding access to economic and social resources.

(iii) Sexual abuse.

(iv) Sexual activity involving a dependent child.

(v) Being forced as the caretaker or relative of a dependent child to engage in nonconsensual sexual acts or activities.

(vi) A threat of, or attempt at, physical or sexual abuse.

(vii) Neglect or deprivation of medical care.

Education-An elementary school, middle school, junior high or high school program including a GED program, an HSE degree, charter school, cyber school and any other program approved by the school district or the Department of Education.

Eligibility agency-The entity designated by the Department with authority to purchase subsidized child care and determine a family's eligibility and copayment.

Eligibility determination-A decision regarding whether a family qualifies for the subsidized child care program and a determination of the copayment.

Eligibility redetermination-An annual review by the eligibility agency to determine if a family continues to qualify for subsidized child care, including a review of the copayment.

Employment-Working for another individual or entity for income.

FPIG-Federal Poverty Income Guidelines-The income levels published annually in the Federal Register by the United States Department of Health and Human Services.

Family-The child or children for whom subsidized child care is requested and the following individuals who live with that child or children in the same household:

(i) A parent of the child.

(ii) A caretaker and a caretaker's spouse.

(iii) A biological, adoptive or foster child or stepchild of the parent or caretaker who is under 18 years of age and not emancipated by marriage or by the court.

(iv) An unrelated child under the care and control of the parent or caretaker, who is under 18 years of age and not emancipated by marriage or by the court.

(v) A child who is 18 years of age or older but under 22 years of age who meets both of the following:

(A) Is enrolled in at least one of the following:

(I) Adult basic education.

(II) English as a second language course work.

(III) A high school or a GED program.

(IV) An HSE degree.

(V) An internship, clinical placement, apprenticeship, lab work or field work required by a training institution.

(VI) A post-secondary program leading to a degree, diploma or certificate.

(B) Is wholly or partially dependent upon the income of the parent or caretaker or spouse of the parent or caretaker.

Fraud-The intentional act of a parent or caretaker, at the time of application or redetermination, that results in obtaining, continuing or increasing child care subsidy for which the family is not eligible and that involves any of the following:

(i) A false or misleading statement.

(ii) The failure to disclose information.

GED-A general educational development program approved by a school district or the Department of Education.

HSE-A high school equivalency degree approved by the school district or the Department of Education.

Head Start-Refers to Early Head Start or Head Start as follows:

(i)Early Head Start-A program that serves families with at-risk children from birth to 3 years of age.

(ii)Head Start-A program designed to prepare at-risk children, 3 years of age or older but under 5 years of age, for school success.

Homelessness-Refers to a child who lacks a fixed, regular and adequate nighttime residence as specified in section 725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. § 11434a(2)), or the child's parent or caretaker. The term includes:

(i) Children and youth who are sharing the housing of other persons due to loss of housing, economic hardship or a similar reason; are living in motels or hotels due to the lack of alternative accommodations; are living in emergency or transitional shelters; or are abandoned in hospitals.

(ii) Children and youth 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.

(iii) Children and youth who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings.

(iv) Migratory children who qualify as homeless for the purposes of this chapter because the children are living in circumstances described in subparagraphs (i)-(iii).

(v) Parents and caretakers of children who are living in circumstances described in subparagraphs (i)-(iv).

Income-Includes the following:

(i) Earned income, including gross wages from work, cash and income from self-employment.

(ii) Unearned income or benefits, including cash and contributions received by an individual for which the individual does not provide a service.

Maximum child care allowance-The highest amount the Department will pay for child care services provided to families eligible for subsidized child care.

Overpayment-The receipt of subsidy for a child for which the family is not or was not eligible or an amount in excess of the amount for which the family was eligible.

Parent-The biological or adoptive mother or father, or stepmother or stepfather, who exercises care and control of the child for whom subsidy is requested.

Period of presumptive continued eligibility-A temporary period of eligibility established at redetermination as specified in § 3042.147 (relating to presumptive continued eligibility at redetermination).

Period of presumptive eligibility-A temporary period of eligibility established at application for families experiencing homelessness as specified in § 3042.146 (relating to homelessness).

Personal interview-Refers to an informational meeting or discussion between the eligibility agency and the parent or caretaker, which takes place in person, by telephone or by other means approved by the Department.

Prospective work, education or training-Future employment, education or training that has a begin date and is verified by the employer, school official or training official.

Provider-An organization or individual that directly delivers child care services.

Published rate-A provider's daily charge for a child who does not receive subsidized child care.

Recoupment-Recovery of an overpayment by increasing the copayment or other payment arrangement.

SMI-state Median Income-An income figure that represents the midpoint in the range of State household income.

Self-certification-A written statement provided by a parent or caretaker for the purpose of establishing selected factors of nonfinancial eligibility.

Self-declaration-A written statement that is signed, dated and provided by the parent or caretaker for the purpose of establishing financial or nonfinancial eligibility pending verification as described in § 3042.64 (relating to self-declaration).

Self-employment-Operating one's own business, trade or profession for profit.

Subsidized child care-Child care service paid for in part with Federal or State funds.

Subsidy suspension-A temporary lapse of subsidized child care that does not affect the family's eligibility status.

TANF-Temporary Assistance for Needy Families Program-As follows:

(i) A Federal nonentitlement program under sections 401-419 of the Social Security Act (42 U.S.C. §§ 601- 619) that provides cash assistance to families including dependent children and an adult.

(ii) The term includes extended TANF benefits that are received beyond the 5-year TANF period.

Tiered-reimbursement-An amount the Department sets and adds to a provider's payment rate if the provider meets additional quality standards, based on the level of quality the provider maintains and the amount of time the child receives care from the provider in a day.

Training-As follows:

(i) Instruction that provides the skills or qualifications necessary for a specific vocation or field of employment.

(ii) The term includes adult basic education, English as a second language, a GED program, an HSE degree, a postsecondary program leading to a degree, diploma or certificate, an internship, clinical placement, apprenticeship, lab work and field work required by the training institution.

Verification-As follows:

(i) The process of confirming information needed to determine eligibility for subsidized child care.

(ii) The term includes documentary evidence or information obtained through collateral contacts, self-certification and self-declaration.

Waiting list-A record maintained by the eligibility agency of the names of families and their children determined eligible to receive subsidized child care, but for whom funding is not currently available.

Work-Employment or self-employment.

55 Pa. Code § 3042.3

Adopted by Pennsylvania Bulletin, Vol 53, No. 50. December 16, 2023, effective 12/16/2023