BEFORE THE DEPARTMENT OF PUBLIC

HEALTH AND HUMAN SERVICES OF THE

STATE OF MONTANA

 

In the matter of the amendment of ARM 37.80.101, 37.80.102, 37.80.201, 37.80.202, 37.80.203, 37.80.205, 37.80.301, 37.80.316, 37.80.317, and 37.80.501 pertaining to the Child Care Assistance Program's implementation of amendments to the Child Care and Development Block Grant Act and Final Rules at 45 CFR Part 98

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

 

TO: All Concerned Persons

 

            1. On January 12, 2018, at 1:00 p.m., the Department of Public Health and Human Services will hold a public hearing in the auditorium of the Department of Public Health and Human Services Building, 111 North Sanders, Helena, Montana, to consider the proposed amendment of the above-stated rules.

 

2. The Department of Public Health and Human Services will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the Department of Public Health and Human Services no later than 5:00 p.m. on December 29, 2017, to advise us of the nature of the accommodation that you need. Please contact Kenneth Mordan, Department of Public Health and Human Services, Office of Legal Affairs, P.O. Box 4210, Helena, Montana, 59604-4210; telephone (406) 444-4094; fax (406) 444-9744; or e-mail [email protected].

 

3. The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:

 

37.80.101 PURPOSE AND GENERAL LIMITATIONS (1) remains the same.

            (2) Financial assistance may be available to pay a portion of a working parent's child care costs. Payment may only be made to:

            (a) through (c) remain the same.

            (d) a legally certified provider. provider of family, friend, or neighbor care as that term is defined at ARM 37.95.102; or

            (e) a relative care provider.

            (3) The Child Care Assistance Program will be administered in accordance with:

            (a) the requirements of federal law governing the Child Care and Development Block Grant Act of 2014, codified at 42 USC 9858 et seq., and 45 CFR parts 98 and 99, child care and development fund, adopted July 24, 1998 November 29, 2016; and

            (b) remains the same.

 

AUTH: 52-2-704, 53-4-212, MCA

IMP: 52-2-702, 52-2-704, 52-2-713, 52-2-731, 53-2-201, 53-4-211, 53-4-601, 53-4-611, 53-4-612, MCA

 

            37.80.102 DEFINITIONS As used in this chapter, the following definitions apply:

            (1) remains the same.

            (2) "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 certification authorization plan.

            (3) "Certification 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.

            (4) "Child care" means care provided at a licensed or registered child care facility or by a certified provider, 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 person less than 18 years of age with special needs or a person who is 18 years of age and who is a full-time student expected to complete an educational program by 19 years of age 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.

            (5) remains the same.

            (6) "Child care facility" means a licensed child care center, a registered group child care home, a registered family child care home, or a certified provider home a place where a provider listed in ARM 37.80.101 is authorized under license or registration to provide child care.

            (7) remains the same.

            (8)  "Child with disabilities" means a child with a disability as that term is used in 45 CFR Part 98.

            (8)(9) "Child with special needs" means a child under 18 years of age, or a person who is 18 years of age and who is a full-time student expected to complete an educational program by 19 years of age, who requires additional assistance because of an emotional or physical disability, a cognitive delay, or both that is verified by medical records or other appropriate documentation from a medical professional.

            (9) through (12) remain the same, but are renumbered (10) through (13).

            (13) (14) "Full-time child care" means care certified for over 30 or more hours per week on a regular basis.

            (14) (15) "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, not including home study time.

            (15) through (17) remain the same, but are renumbered (16) through (18).

            (18) "Legally certified provider" means an individual certified under ARM Title 37, chapter 95 and selected by a parent or guardian to receive payment for child care for no more than two children unless all the children are from the same household.

            (19) through (21) remain the same.

            (22) "Provider" means legally certified, legally certified-in-home providers, and licensees and registrants of other child care facilities a licensee or registrant listed in ARM 37.80.101.

            (23) "Relative care" has the same meaning as "relative care" defined by the Child Care Licensing Program in ARM 37.95.102.

            (23) and (24) remain the same, but are renumbered (24) and (25).

 

AUTH: 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

 

            37.80.201 NONFINANCIAL REQUIREMENTS FOR ELIGIBILITY AND PRIORITY FOR ASSISTANCE (1) In addition to the income requirements of ARM 37.80.202, the following nonfinancial requirements must be met in order for parents must work or attend school or vocational training to receive child care payments. under this chapter to be made:

            (a) With the exceptions in (1)(b)(2), a two parents household must work the following minimum number of hours each month:

            (i) for two-parent households, parents must work a total of 120 hours per month, but there is no minimum number of hours which that each parent must work each month; or.

            (ii) (b)  for A single parent households:

            (A) the parent must be working must work a minimum of 60 hours each month; or

            (B) the parent has no work requirement if attending attend school or vocational training full-time; or.

            (C)  the A single parent must be working a minimum of 40 hours each month if attending school or vocational training part-time.

            (b) remains the same, but is renumbered (2).

            (i) through (iv) remain the same, but are renumbered (a) through (d).

            (iv)(A) through (iv)(C) remain the same, but are renumbered (i) through (iii).

            (v) through (vii) remain the same, but are renumbered (e) through (g).

            (viii) (h)  in extreme unusual circumstances of verifiable medical, financial, and physical hardship, a decision to approve eligibility or continued eligibility in cases not otherwise meeting the required eligibility standards can be made by either the Child Care Program manager or the chief of the Early Childhood Services Bureau may approve or continue eligibility.

            (2)  A household which is not receiving cash assistance funded by TANF may be eligible for child care assistance under this chapter while a parent is participating in education or training reasonably expected to lead to gainful employment if:

            (a) either the parent or another adult who is included in the calculation of household size as provided in ARM 37.80.202 meets the minimum hourly work requirement provided in this rule; or

            (b) the minimum hourly work requirement is waived while a parent participates in a full-time field experience, or a full-time combination of field experience and course work, required for graduation in the parent's curriculum.

            (3) Child care assistance under this chapter for parents who are pursuing vocational training or education is subject to the following limitations and requirements:

            (a) assistance is not available to parents seeking postsecondary education beyond the level of a bachelor's degree or its equivalent, except that assistance may be provided while a parent is participating in training which lasts no more than six weeks if the department or its designated agent determines that such training has a high probability of leading to employment in the near future; and

            (b) assistance is not available for education and training to a parent who has earned an educational certificate or a degree within the past five years; .

            (c) the training is for the purpose of obtaining employment in a recognized occupation in which job openings exist in Montana; and

            (d) the training is obtained through an institution approved by the Board of Regents or other recognized accrediting body.

            (4) remains the same.

            (5) Due to limited funding for child care assistance, some households which that meet all requirements for eligibility may not receive benefits. If there are insufficient funds to provide benefits to all eligible households, priority is for benefits are determined as follows:

            (a) A household receiving assistance funded by the TANF program is guaranteed needed child care when participating in family investment agreement activities which that require child care, subject to the following: .

            (i) Assistance for care provided by a provider certified by the department will begin the date that the TANF participant parent is referred to a child care resource and referral agency to obtain child care assistance, so long as the participant contacts the resource and referral agency within thirty calendar days after the date the referral is made.

            (ii)  If the parent does not contact the child care resource and referral agency within thirty calendar days after being referred for TANF child care assistance, eligibility for child care assistance will begin on the date a child care certification plan is obtained from the child care resource and referral agency.

            (b) A household containing a child with special needs is guaranteed child care when otherwise eligible for child care assistance under ARM 37.80.201 through 37.80.502 or a child with disabilities.

            (c) A household headed by a teen parent is guaranteed child care when otherwise eligible for child care assistance under ARM 37.80.201 through 37.80.502.

            (d) All other eligible non-TANF households shall be prioritized by ranking household income as a percentage of the Federal Poverty Guidelines (FPG). The household with the lowest percentage of income, relative to FPG, has the highest priority when funding becomes available.

            (i)  Non-TANF households are ranked by household income as a percentage of the Federal Poverty Guidelines (FPG). The household with the lowest percentage of income, relative to FPG, has the highest priority when funding becomes available.

            (e) (ii)  If there are two or more non-TANF households at the same percentage level of priority as set forth in (d), the household whose application was received first has a higher priority.

            (6) remains the same.

            (7) Payment may only be made for care provided during the time both parents or, in single parent households, the parent, and any other adult included in calculating household size under this chapter, are required to be out of the home to attend work or training. Brief care or eligibility interruptions may be accommodated under continuity of care policies, as established in the department's Child Care Manual, section 6-6. A copy of section 6-6 of the manual may be obtained from the Department of Public Health and Human Services, Human and Community Services Division, Early Childhood Services Bureau, 111 N. Jackson St., P.O. Box 202925, Helena, MT 59620-2952 listed on the authorization plan.

            (8) A household experiencing unemployment due to good cause as defined in ARM 37.78.508 loss of work or cessation of attendance at a job training or education program may have child care benefits extended and the usual child care schedule continued for 30 90 calendar days or to the end of the 12 month eligibility period following the job loss reported change, if the following conditions are met:

            (a) the department has sufficient funds to provide extended child care benefits; and

            (b) the household requests the extension within ten calendar days after the parent's last day of employment; , job training, or education program and.

            (c)  the An unemployed parent or parents must actively seek new employment during the period of extended child care.

            (9) Child care assistance is only available under this chapter for child care provided by:

            (a) a legally certified provider who is certified under this chapter; or

            (b) (a)  a licensed or registered child care facility certified under this chapter or registered provider under ARM 37.95.103 and ARM 37.95.106, excluding facilities licensed solely for drop-in, irregular, intermittent, and occasional care.

            (10) During the hours school is in session, a licensed or registered child care provider or a legally certified provider is not eligible for child care assistance for a child six years of age or older on or before September 10 of the current year.

            (11) remains the same.

(12)  A 12 month eligibility span is given for a Non-TANF or TANF family meeting all the eligibility requirements.

 

AUTH: 40-4-234, 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, MCA

 

            37.80.202 FINANCIAL REQUIREMENTS FOR ELIGIBILITY; PAYMENT FOR CHILD CARE SERVICES; PARENT'S COPAYMENT (1) remains the same.

            (2) At annual redetermination, a household not receiving temporary assistance for needy families (TANF), whose income exceeds 150% and is below 185% of the FPG for a household of its size is eligible for child care assistance under graduated eligibility. To qualify for graduated eligibility, the following apply:

            (a) eligibility is limited to one six-month given for a 12 month eligibility period; and

            (b) through (5) remain the same.

            (6) In computing a A household's size for purposes of determining eligibility and the parent's copayment, the following persons must be included includes as members of the household following individuals:

            (a) through (d) remain the same.

            (7) In computing a household's size for purposes of determining eligibility and the parent's copayment, the The parent has the option of choosing to may include or exclude as a household member any other qualified person residing with the child. After If the household exercises its option to parent includes or excludes a person when eligibility is initially being determined, the household he or she cannot subsequently choose a different option, unless the optional members leaves the household.

            (8) In computing a household's income for purposes of determining eligibility and the parent's copayment, the The income of all persons counted in computing household size must be counted in the household's income.

            (9) through (11) remain the same.

            (12) No child care assistance payments can be issued until an authorization and corresponding certification authorization plan that authorizes payment for child care services has been created by the child care resource and referral agency.

            (13) The child care authorization and corresponding certification authorization plan sets limits for child care benefits. Authorization and corresponding certification plans may change. The most recent authorization and corresponding certification plans are the effective plan. No further notice must be provided when benefits expire at the end date of an authorization and corresponding certification plan The authorization plan stays at the same level for the 12 month eligibility period and covers temporary changes defined in 45 CFR, 98.21(a)(2017).

            (14) and (15) remain the same.

 

AUTH: 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, 53-4-212, 53-4-601, 53-4-611, MCA

 

            37.80.203 REQUIREMENT TO REPORT CHANGES (1) remains the same.

            (2) Applicants and recipients of child care assistance must report by phone, email, written communication, or in person to the resource and referral agency administering their case any change in the following circumstances within ten calendar days from the date the change occurs or the applicant or recipient learns of the change:

            (a) persons living in the applicant's or recipient's household;

            (b) (a) employment of any household member, including new employment, loss of employment, increase or decrease in working hours, and increase or decrease in earned income a change in work, training, or educational status;

            (c) (b) an increase or decrease in the household's monthly gross income above 85 percent of State Median Income (SMI); or

            (d) training or school attendance, including changes to the location or hours of the training;

            (e) (c)  a change in mailing address, residential address, and or phone number; .

(f) compliance by the applicant or recipient with any order or determination of the department's Child Support Enforcement Division;

(g) receipt of child support by the applicant or recipient pursuant to a district court order, including but not limited to changes in the frequency or amount of child support received; or

(h) circumstances concerning good faith reasons for an applicant or recipient not to pursue child support enforcement through the department's Child Support Enforcement Division.

(3)  Applicants and recipients of child care assistance may report any change to their circumstance at any time during the eligibility period.

           (3) and (4) remain the same, but are renumbered (4) and (5).

(6)  When a circumstance change listed in (2) is reported to the child care resource and referral agency, the agency will follow-up with a written notification describing changes to the case.

 

AUTH: 52-2-704, 53-4-212, MCA

IMP: 52-2-704, 52-2-713, 53-2-108, 53-2-201, MCA

 

            37.80.205 CHILD CARE RATES: PAYMENT REQUIREMENTS (1) through (6) remain the same.

            (7) Rates for children with special needs may be adjusted for special accommodations which increase the cost of care. A special needs subsidy rating scale and/or an individual child care plan must be completed to determine the appropriate rate adjustment. The criteria used to determine special needs adjustments are set forth in section 1-4a of the Child Care Manual The department has the discretion to adjust rates for children with special needs or disabilities.

            (8) remains the same.

 

AUTH: 52-2-704, 53-4-212, MCA

IMP: 52-2-704, 52-2-713, MCA

 

            37.80.301 REQUIREMENTS FOR CHILD CARE FACILITIES, COMPLIANCE WITH EXISTING RULES, CERTIFICATION (1) remains the same.

            (2) The provider is responsible for informing parents who are receiving child care assistance under this chapter that the provider's license, or registration, or certification has been revoked or expired. The provider may not bill the household for payments denied by the department due to the provider's failure to comply with licensing, certification, or registration requirements.

            (3) Child care providers must be certified or recognized by the department or its designated agent as eligible to receive payment under this chapter. All applicable forms must be completed and submitted for approval. Registered and licensed facilities and legally certified providers are approved by the Licensing Bureau of the department's Quality Assurance Division. Facilities licensed or registered by other entities must be recognized by the Licensing Bureau of the department's Quality Assurance Division.

            (4) and (5) remain the same.

 (6)  Providers must have a policy on preventing and reducing expulsion and suspension.  The policy must include the following:

            (a)  reasons for expulsion;

            (b) procedures for expulsion;

 (c)  how the provider will assist the child and parent with transitions; and

 (d) the types of referrals the provider will make such as those to a community agency that could offer additional supports to the family.

 

AUTH: 52-2-704, MCA

IMP: 52-2-704, 52-2-713, 52-2-721, 52-2-722, 52-2-723, 52-2-731, MCA

 

            37.80.316 REQUIREMENTS AND PROCEDURES FOR CHILD CARE PAYMENTS (1) through (3) remain the same.

            (4) In the case of direct payment to the parents, the parents and/or the provider bear sole responsibility:

            (a) for obtaining provider certification registration through this chapter ARM 37.95.103 prior to claiming payment for covered child care under this chapter; and

            (b) remains the same.

            (5) The provider must submit a claim for covered child care services on the billing form provided by the department. Except as provided in (4)(a), a completed billing form with all information and documentation necessary to process the claim must be received by the resource and referral agency of the department within 60 calendar days after the last day of the calendar month in which the service was provided. Timely filing of claims in accordance with the requirements of this rule is a prerequisite for payment. In addition:

            (a) The claim must be for actual care provided by the provider designated on the child care authorization and corresponding certification authorization plan as defined in ARM 37.80.102(1) and subject to the limitations described in ARM 37.80.201(9). The provider may not bill for care subcontracted to another individual or facility.

            (b) and (c) remain the same.

            (d) If the authorization and corresponding certification authorization plans are not completed until after the calendar month in which the child care is provided, the claim will be considered to be filed timely if a completed billing form with all information and documentation necessary to process the claim is received by the department or the entity designated by the department for this purpose within 60 days after the billing document is sent to the provider.

            (e) and (6) remain the same.

 

AUTH: 52-2-704, MCA

IMP: 52-2-704, 52-2-711, 52-2-713, MCA

 

            37.80.317 AUTHORIZATION OF SERVICES – CERTIFICATION AUTHORIZATION PLANS (1) Child care assistance is provided for through an authorization of services and an a certification authorization plan. The authorization of services and certification authorization plan include the following information:

            (a) through (e) remain the same.

 

AUTH: 52-2-704, 53-4-212, MCA

IMP: 52-2-704, 52-2-713, MCA

 

            37.80.501 TERMINATION OF CHILD CARE ASSISTANCE (1) Child care assistance will be terminated if any of the following occurs:

            (a) the child care resource and referral agency does not recertify the household or the certification plan expires the household does not apply for redetermination;

            (b) through (d) remain the same.

            (e) the child care provider no longer meets licensing standards or loses certification for payment;

            (f) and (g) remain the same.

            (h) the child no longer receives care has had a span of more than five unexplained absences reported by at the child care facility specified in the authorization and corresponding certification authorization plan and there is no indication that the child will be receiving care at that facility in the near future.; or

            (i) through (3) remain the same.

            (4) The department is obligated to the parent and/or the provider only to the extent specified in the authorization and corresponding certification authorization plan and the rules governing child care assistance. No agreement or arrangement between the parent and provider purporting to modify or terminate any provision of the certification authorization plan is binding on the department.

 

AUTH: 52-2-704, MCA

IMP: 52-2-704, MCA

 

            4. STATEMENT OF REASONABLE NECESSITY

 

The Best Beginnings Child Care Scholarship (BBCCS) program is administered by the department and funded by federal funds through the Child Care Development Fund (CCDF) with some matching state general fund monies. The BBCCS program offers child care assistance for low income families with working parents, families referred by Temporary Assistance for Needy Families (TANF), and children with Child Protective Services (CPS). The BBCCS program has eligibility determined through Child Care Resource and Referral (CCR&R) agencies.

 

The proposed rule changes are necessary to conform the department's rules for the administration of the Montana program to the federal Child Care and Development Block Grant Act of 2014 and federal regulations at 45 CFR Part 98.  The proposed rule amendments would increase continuity of care for families by providing a 12 month eligibility period, reducing barriers for families participating in the Best Beginnings Child Care Scholarship Program, and move policies toward being both family and provider friendly. The proposed rule changes also provide consistency with child care licensing rule changes. Other minor amendments are proposed to clarify rule language and provide consistency in department references.

 

The department is proposing rule changes to meet the following Child Care and Development Fund federal regulations at 45 CFR Part 98:

 

1. A policy on refusing to continue service will be developed and enforced;

2. The impact on eligibility of a reported change in income or circumstances is revised;

3. 12 month authorization of child care services is implemented;

4. A 12 month eligibility period for families receiving TANF is implemented;

5. A grace period of at least three months will cover a parent's loss of work or cessation of attendance at a job training or education program for Non-TANF and TANF families;

6. Graduated eligibility (also referred to as graduated phaseout) will continue for twelve months in some circumstances and may include an annual redetermination;

7. A child who is 12 years old at the time of eligibility determination will be eligible through the end of the 12 month eligibility period;

8. A case can be closed prior to the end of a 12 month eligibility period if there is excessive unexplained absence from child care despite multiple attempts to contact the family and child care provider; and

9. Define "temporary change" consistent with the definition in 45 CFR Part 98, 98.21(a)(1)(ii)(A-E).

 

The department is also proposing amendments to these rules to accomplish the following:

 

1. Revise language referring to the categories of child care providers to be consistent with the department's amendments to ARM Title 37, chapter 95 in MAR Notice No. 37-811;

2. Change the process for children with a disability to allow a twelve-month span for approval for additional reimbursement and reduce the documentation required to make the process easier for both parents and child care providers; and

3. Remove redundant language about school and work activity.

 

37.80.101 PURPOSE AND GENERAL LIMITATIONS

 

The department is proposing this amendment to make the language in this rule consistent with the language used in the child care licensing rules.

 

37.80.102 DEFINITIONS

 

To be consistent with the wording of the department's child care licensing and registration rules in ARM Title 37, chapter 95, the department is proposing to amend the definitions of "child care facility," and "provider"; delete the definition of "legally certified provider"; and add the definition of "relative care." The department has also proposed adopting and amending various child care licensing and registration rules, which are described in MAR Notice No. 37-811, that the department filed with the Secretary of State on November 27, 2017. The department anticipates the proposed adoption and amendment of the rules under MAR Notice No. 37-811 will be effective January 13, 2018 – prior to the adoption or amendment of these definitions in this notice.

 

The department is proposing changes to the definition "child with special needs" to remove redundant language and adding a definition of "child with disabilities" to follow the federal definition used by the Child Care Development Fund (CCDF).

 

The department is proposing changes to the definition "child care" to align with federal requirements.

 

The department is proposing changing "certification plan" to "authorization plan" for consistency. The correct term is "authorization plan."

 

The department is proposing changing "full-time field experience and class time" to remove confusing language for clients.

 

37.80.201 NONFINANCIAL REQUIREMENTS FOR ELIGIBILITY AND PRIORITY FOR ASSISTANCE

 

The department is proposing amending this rule to: remove confusing language about activity requirements for single-parent or two-parent households; remove redundant language about how to meet the school activity requirement;  add language to meet federal requirements for a loss of work or cessation of attendance at a job, education, or training program and setting a 12 month eligibility period; clarify language about the priority list if eligible participants exceed funding; and remove unnecessary language about a payment that is included in the authorization plan.

 

37.80.202 FINANCIAL REQUIREMENTS FOR ELIGIBILITY; PAYMENT FOR CHILD CARE SERVICES; PARENT'S COPAYMENT

 

The department is proposing amending the rule to implement federal requirements for a 12 month eligibility period and for graduated eligibility.  Graduated eligibility allows a phase out period when a parent's income exceeds the income level allowed to initially qualify for the program.  The department is also editing to improve clarity.

 

37.80.203 REQUIREMENT TO REPORT CHANGES

 

The department is proposing to amend this rule to reduce the reporting requirements for a parent, increase the ways a parent can report a change, and meet a federal requirement for written notice to child care providers.

 

37.80.205 CHILD CARE RATES: PAYMENT REQUIREMENTS

 

The department is proposing to amend this rule to reduce the documentation required to qualify for additional reimbursement for a child with special needs or disabilities.

 

37.80.301 REQUIREMENTS FOR CHILD CARE FACILITIES, COMPLIANCE WITH EXISTING RULES, CERTIFICATION

 

The department is proposing to amend the rule to align the language with child care licensing rules.  The department is also proposing to require child care providers to have a policy on expulsion and suspension. This meets federal requirements and is intended to reduce expulsions and suspensions.

 

37.80.316 REQUIREMENTS AND PROCEDURES FOR CHILD CARE PAYMENTS

 

The department is proposing to amend the rule to align with child care licensing rules and to update to current, consistent language.

 

37.80.317 AUTHORIZATION OF SERVICES – CERTIFICATION PLANS

 

The department is proposing to amend the rule to replace rule language with the currently used terms.

 

37.80.501 TERMINATION OF CHILD CARE ASSISTANCE

 

The department is proposing to amend the rule to align with child care licensing rules and to update to current language.  The department is proposing to add language explaining when a case can be closed due to unexplained absences reported by a child care provider. The department is proposing to clarify that a case may be closed when a parent chooses not to reapply although eligibility could be re-determined to continue.

 

Fiscal Impact

 

The department expects the proposed rules will not have a fiscal impact to the state; all proposed rules will fall within the current budget of the Best Beginnings Child Care Scholarship program.

 

The Best Beginnings Child Care Scholarship program offers child care assistance for families with parents attending school and/or working under the Non-TANF program, families referred by Temporary Assistance for Needy Families (TANF), and children with Child Protective Services (CPS). As of July 2017, there were 1,827 Non-TANF families, 394 TANF families (referred by Working Caretaker Relative, TANF, and Tribal IV-E), and 972 children with CPS receiving child care assistance. Additionally, 3,118 children from Non-TANF families, 788 children referred by TANF serves (Working Caretaker Relative, TANF, and Tribal IV-E), and 972 children with CPS (for a total of 4,878 unduplicated children) were receiving child care assistance.

 

            5. Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to: Kenneth Mordan, Department of Public Health and Human Services, Office of Legal Affairs, P.O. Box 4210, Helena, Montana, 59604-4210; fax (406) 444-9744; or e-mail [email protected], and must be received no later than 5:00 p.m., January 19, 2018.

 

6. The Office of Legal Affairs, Department of Public Health and Human Services, has been designated to preside over and conduct this hearing.

 

7. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency.  Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in paragraph 5 above or may be made by completing a request form at any rules hearing held by the department.

 

8. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

9. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of the above-referenced rules will significantly and directly impact small businesses.

 

 

 

/s/ Geralyn Driscoll                                      /s/ Erica Johnston for                                 

Geralyn Driscoll                                           Sheila Hogan, Director

Rule Reviewer                                             Public Health and Human Services

 

 

Certified to the Secretary of State December 11, 2017.