218 R.I. Code R. 218-RICR-20-00-4.3

Current through November 7, 2024

Section 218-RICR-20-00-4.3 - Eligibility and Authorization of Services

A. Families with incomes at or below two hundred percent (200%) of the Federal poverty level (FPL) who meet the requirements for the Starting Right Child Care Assistance Program (CCAP) are eligible to receive full or partial payment for child care expenses when delivered by a CCAP approved child care provider. There are three (3) avenues for qualifying for payment of child care expenses through the CCAP:

1. RI Works CCAP Eligibility - The Rhode Island Temporary Assistance for Needy Families (TANF) Program extends eligibility for the CCAP to Rhode Island Works Program (RI Works) cash assistance recipients, including Teen and Family Development Program participants, who meet the need for services as established in § 4.5 of this Part.

2. Income Eligibility - Working Rhode Island families, families where a parent(s) is participating in an approved education or training program, and TFD participants who are not RI Works cash recipients may be income eligible for the CCAP if they meet the requirements set forth in § 4.6 of this Part.

3. CCAP for College Eligibility -CCAP may be approved for families where a parent(s) requires child care assistance that is necessary to enroll or maintain enrollment in an Associate's degree or Bachelor's degree program at a Rhode Island public institution of higher education if they meet the requirements set forth in § 4.6 of this Part.

4.3.1General Eligibility

A. For a child to be eligible to participate in the Child Care Assistance Program (CCAP), the family applying for the CCAP services shall meet the general requirements set forth in this Section as well as the specific requirements pertaining to either RI Works CCAP eligibility or income eligibility. To be eligible for the CCAP the following requirements have been met:

1. Age of applicant child(ren)

a. The child to receive the CCAP services shall be over one (1) week old and below the age of thirteen (13) years unless the following circumstances apply:

(1) The child is thirteen (13) up through eighteen (18) years old and has a documented physical or mental disability which makes the child incapable of self-care; or

(2) The child turns thirteen (13) years during the certification period and remains eligible until redetermination.

2. Relationship

a. The applicant child(ren) must live in the home of the parent requesting the CCAP services. The home need not be the child's full-time residence. The relationship between the adult applying for the CCAP services and each applicant child must meet the broad definition of parent as set forth in this Part.

3. Residency

a. As defined in the DHS General Provisions, Part 10-00-1 of this Title, the applicant parent(s) and any applicant children in the financial unit shall be residents of the State of Rhode Island.

4. Citizenship

a. The applicant child shall be either a citizen of the United States or a qualified immigrant. There is no five (5) year waiting period for qualified immigrant children to be eligible for the CCAP. Qualified immigrants are:

(1) Lawful permanent residents (LPRs);

(2) Refugees, asylees, persons granted withholding of deportation/removal, conditional entry (in effect prior to April 1, 1980), or paroled into the U.S. for at least one (1) year;

(3) Cuban/Haitian entrants;

(4) Battered spouses and children, whose need for benefits has a substantial connection to the battery or cruelty (parent/child of such battered child/spouse are also "qualified"), with one (1) of the following:

(AA) A pending or approved self-petition for an immigrant visa;

(BB) An immigrant visa filed for a spouse or child by a U.S. citizen or LPR; or

(CC) An application for cancellation of removal/suspension of deportation.

(5) Victims of trafficking and their derivative beneficiaries who have obtained a T visa or whose application for a T visa sets forth a prima facie case.

b. The adult applying for the CCAP for an eligible child shall not be required to provide proof of citizenship or immigration status.

c. The Department utilizes the State Verification and Exchange System (SVES) to validate Social Security Numbers (SSNs) and verify an applicant/recipient's citizenship.

5. Need for Services

a. RI Works participants or teen parents involved in the Teen and Family Development Program, must be in an approved education and training activity or work plan activity as established in § 4.5 of this Part.

b. Income Eligible/Low-income Child Care: the parents of the applicant child(ren) shall be employed, or participating in an approved education and training program, or an approved college program.

c. Child Care for Training: The Department shall provide child care to Income Eligible/Low-income families with income below two hundred percent (200%) of the Federal poverty level who are involved in training, apprenticeship, internship, on-the-job training, work experience, work immersion, or other job readiness/job attachment programs sponsored or funded by the Human Resource Investment Council (Governor's Workforce Board) or State agencies that are part of the coordinated program system pursuant to R.I. Gen. Laws § 42-102-11, or otherwise approved by the CCAP Program Administrator.

d. Child Care for College: The Department shall provide child care to Income Eligible/Low-income families with income below two hundred percent (200%) of the Federal poverty level who are enrolled in an Associate's degree or Bachelor's degree program at a Rhode Island public institution of higher education for a minimum of seven (7) credits in the semester of application.

(1) Students enrolled in fewer than seven (7) credits, credit hours (three (3) need hours per credit) and employment hours can be combined to reach the minimum of twenty (20) hours of approved activity.

6. Cooperation with the Office of Child Support Services

a. All families with an absent parent(s) are referred to the Office of Child Support Services.

b. As a condition of the CCAP eligibility at application and at renewal, the parent/caretaker relative of the assistance unit is required to cooperate in establishing parentage, and in establishing and/or enforcing child support and medical support orders for any applicant child in the family, unless the parent/caretaker relative is found to have good cause for refusing to comply with these requirements. Sanctions for non-cooperation placed on a family during a twelve (12) month CCCAP certification period will not negatively impact CCAP benefits until recertification. Additional requirements to cooperate with the Office of Child Support Services are detailed in § 4.3.2 of this Part.

4.3.2Cooperation with the Office of Child Support Services

A. An applicant or recipient must cooperate with the agency for any applicant child in the CCAP family unit (unless good cause for refusing to do so has been determined to exist) in:

1. Identifying and locating the parent of each child;

2. Establishing the parentage of any child born out of wedlock;

3. Obtaining support payments for the applicant or recipient child and

4. Obtaining any other payments or property due the applicant or recipient child(ren) of any absent parent.

B. In order for the applicant to be found cooperative in achieving the above objectives, the applicant must, at the request of the Office of Child Support Services:

1. Appear, as necessary, to provide verbal or written information or documentary evidence, known to, possessed by, or reasonably obtainable by her/him;

2. Appear as a witness at court or other hearings or proceedings, as necessary; and

3. Provide information, or attest to the lack of information, under penalty of perjury.

4.3.3Consequences of Non-cooperation with OCSS

A. The failure of a parent/caretaker relative to cooperate with the Office of Child Support Services (OCSS) in establishing parentage or in establishing, modifying, or enforcing a medical and/or support order with respect to an applicant child, when the household does not qualify for good cause, results in the denial of CCAP benefits for that child only.

1. When the parent/caretaker relative fails to cooperate with OCSS with regards to any child in the household, only that child is found ineligible for CCAP benefits.

2. The denial of the CCAP benefits and the ineligibility of the applicant child(ren) in all subsequent CCAP applications, shall continue until the parent/caretaker relative who refused to comply with child support cooperation requirements consents to and cooperates with the agency in satisfying those requirements for that child.

3. Once the applicant has satisfied the requirements of cooperation with the Office of Child Support Services, the applicant may re-apply for the CCAP for the child that had been denied the CCAP benefits.

4. A pending letter will not be generated for any application filed by a client who is currently non-cooperative with OCSS.

4.3.4Good Cause for Refusing to Cooperate

A. Every applicant is given an opportunity to claim good cause for refusing to cooperate.

B. Referral to the Domestic Violence Advocate

1. If good cause is claimed, the applicant is referred to the Domestic Violence Advocate who will conduct the Family Violence Option Assessment;

C. Refusal of Referral to Domestic Violence Advocate

1. If the applicant refuses the referral, s/he is advised that s/he must state the basis of the claim and present corroborative evidence within twenty (20) days of the claim;

D. Corroborative Evidence of Domestic Violence

1. The applicant must provide sufficient information to enable the investigation of the existence of the circumstance; or,

2. The applicant must provide sworn statements from individuals to support the claim.

E. Determination of Good Cause

1. A determination of good cause is based on the findings of the Domestic Violence Advocate; or,

a. Evidence supplied which establishes the claim;

b. An investigation by the agency of the circumstance which confirms the claim;

c. A combination of evidence and investigation; or

d. When the claim is one of anticipated physical harm without evidence, the investigation supports the credibility of the claimant.

2. The determination as to whether good cause does or does not exist should be made within thirty (30) days of the good cause claim unless the record documents that the agency needs additional time because the information required to verify the claim cannot be obtained within the time standard.

3. The DHS representative will obtain verification and/or conduct an investigation in order to make the determination.

4. If sufficient information to conduct an investigation is provided, an otherwise eligible applicant is provided assistance (or assistance is continued) pending the final determination on the good cause claim.

4.3.5When Cooperation Not in Best Interest

A. Cooperation is determined to be against the best interest of the child(ren) if:

1. The applicant's cooperation is reasonably anticipated to result in physical or emotional harm to the child, mother, or other relative with whom the child is living (Physical or emotional harm must be determined to be of a genuine and serious nature).

a. The mere belief that cooperation would result in harm is not sufficient basis for a finding of good cause. The emotional harm to the mother must be of such a serious nature that the capacity to care for the child adequately would be reduced.; or

2. It would be harmful to the child for whom support would be sought because the child was conceived as a result of incest or rape; or

3. Legal proceedings for adoption of the child are pending before a court of competent jurisdiction; or

4. The applicant is currently being assisted by a public or licensed private social agency to resolve the issue of whether to keep the child or release him/her for adoption and the discussions have not gone on for more than three (3) months; or

5. There is anticipated physical harm to the parent without corroborative evidence.

4.3.6Corroborative Evidence of Good Cause

A. Corroborative evidence upon which a determination of good cause is based without further agency investigation is limited to documents similar to the following, which must be presented within twenty (20) days of the claim:

1. Birth certificates, medical, or law enforcement records which indicate that the child was conceived as a result of incest or rape.

2. Court documents or other records which indicate that legal proceedings for adoption are pending before a court of competent jurisdiction.

3. Court, medical, criminal, child protective services, social services, psychological, or law enforcement records which indicate that the putative or absent parent might inflict physical or emotional harm on the child or caretaker relative.

4. Medical records which indicate emotional health history and present emotional health status of the caretaker relative (parent or loco parentis) or the child for whom support is sought or, written statements from a mental health professional indicating a diagnosis or prognosis concerning the emotional health of the caretaker relative or the child for whom support is sought.

5. A written statement from a public or licensed private social agency that the applicant is being assisted by the agency to resolve the issue of whether to keep the child or release him/her for adoption, and the discussions have not gone on for more than three (3) months.

B. If the evidence is insufficient, the DHS agency representative will promptly notify the applicant that additional corroborative evidence is needed and specify the type of document needed.

C. When sufficient information to permit an investigation is given or when the claim is one of anticipated physical harm without corroborative evidence and the DHS representative considers the claim credible and corroborative evidence is not available, the DHS representative will conduct an investigation.

1. In conducting the investigation, the DHS representative will not contact the absent or putative parent unless such contact is determined to be necessary to establish the claim.

2. Prior to making any contact, the applicant or recipient will be notified in order to present additional evidence or information that the contact is unnecessary, or they can withdraw the application, or the good cause claim can be denied.

D. On the basis of the evidence or the results of the investigation, the DHS agency representative makes a decision on the applicant's good cause claim.

4.3.7Good Cause Based Upon Emotional and Physical Harm

A. Physical harm and emotional harm, as defined, must be of a serious nature. It must be demonstrated to the DHS agency representative that there exists an emotional impairment that substantially affects the applicant's functioning for a finding of good cause for emotional harm to be made.

1. If a determination is based in whole or in part upon the anticipation of emotional harm to the child, parent, or other caretaker relative, consideration is given to the following:

a. The present emotional state of the applicant subject to emotional harm;

b. The emotional health history of the applicant; intensity and probable duration of the emotional upset;

c. Degree of cooperation to be required; and

d. The extent of the involvement of the child in parentage establishment or support enforcement activity to be undertaken.

B. The DHS agency representative can find good cause on the basis of anticipated physical harm without corroborative evidence if the agency considers the claim credible without corroborative evidence and if such corroborative evidence is not available.

1. The agency is required to investigate this type of claim and while it may not establish the good cause circumstance, it should establish the credibility of the claimant.

C. Good Cause Decision. If the DHS representative has made a determination that good cause exists, the case does not need to be referred to the Office of Child Support Services. The case will be sent to OCSS, at a later date, should the good cause exception be lifted due to new circumstances.

D. Review of Good Cause Finding. A review of the good cause decision must be made at each redetermination by the DHS agency representative. If it is determined that circumstances have changed such that good cause no longer exists, there must be enforcement of the cooperation requirements.

E. The failure of a parent/caretaker relative to comply with child support enforcement cooperation requirements without good cause results in the closure or denial of the case.

4.3.8Referral to the Domestic Violence Advocate

A. If an applicant discloses a domestic violence situation to the DHS, the agency representative refers the applicant to the Domestic Violence Advocate who conducts the Family Violence Option Assessment.

1. If the applicant involved is a minor parent/pregnant minor, an immediate report at the time of disclosure must be made to the Department of Children, Youth and Families (DCYF) as well as referral made to the Domestic Violence Advocate for assessment.

2. If the applicant refuses referral to the Domestic Violence Advocate, eligibility for CCAP is not affected. However, if the applicant requests a good cause exception to cooperation with the child support enforcement requirement, that exception will not be granted unless the applicant can provide evidence to support the good cause exception as detailed in § 4.3.4 of this Part.

3. The Domestic Violence Advocate must review the suitability of any or all waivers at the end of the specified waiver period(s), or earlier if the applicant's circumstances change.

a. The maximum time period for the granting of a waiver is six (6) months.

4.3.9Limitations and Exclusions of Eligibility

A. Eligibility for the CCAP services are subject to the following limitations and exclusions:

1. One (1) CCAP Household per Applicant Child

a. The CCAP services shall only be authorized for one (1) household per applicant child during any given certification period.

b. In general, the CCAP household is the parent's home which serves as the principal place of residence of the applicant child (i.e. where the child lives the majority of the time). This Rule applies whenever an applicant child's parents live in separate households or have an acceptable need for services independently of, or in tandem with, one another.

c. A household other than the child's principal place of residence may only be considered a CCAP household if:

(1) The parent in the household where the child lives the majority of the time does not qualify, or have a need for the CCAP services; and

(2) The parent in the household where the child lives less than a majority of the time applies and meets the requirements for the CCAP authorized services.

2. Shared Custody of the Child(ren)

a. If the parents of an applicant child live in different households but share legal custody and physical possession of a child due to a court order/agreement, then neither parent's household may be the child's principal place of residence.

b. When both parents apply separately for the same child, only one (1) household shall be considered a CCAP household when determining authorized services.

c. The Department shall request the documentation from the applicant parents required to make a factual determination as to which is the CCAP household.

3. Self-Employment as a Child Care Provider

a. Any parent whose income is derived solely from self-employment as a child care provider and who meets all eligibility requirements may be eligible for the CCAP authorized services but cannot enroll their CCAP eligible children in their own program for reimbursement.

(1) Providers will not be reimbursed under the CCAP for caring for or providing services to their own children or other children who reside in their home.

218 R.I. Code R. 218-RICR-20-00-4.3

Amended effective 6/19/2019
Amended effective 9/2/2021
Amended effective 2/27/2022
Amended effective 4/1/2022
Amended effective 4/23/2022
Amended effective 7/5/2022
Amended effective 9/15/2022
Amended effective 2/9/2023
Amended effective 4/1/2023
Amended effective 2/24/2024
Amended effective 7/29/2024