Current through Register Vol. 54, No. 7, April 4, 2022
(a) All families eligible to receive child
care services from the DHS administered programs shall pay a fee toward the
cost of child care services except as in CPS. This fee is termed a
(b) A co-payment scale
established by the DHS shall provide for some level of contribution by most
parent/applicants receiving child care. The co-payment scale shall consider
family income, family size, hours of care needed, and number of children in
care. If more than two children in a family are receiving child care services,
no co-payment shall be required for the third and subsequent children in the
family. The Client Income Eligibility and Co-Payment Schedule for Subsidized
Child Care Assistance or Services set forth as the chapter Appendix shall be
revised on an annual basis through a notice of administrative change published
in the New Jersey Register. The co-payment chart calculation is based on the
Health and Human Services (HHS) Poverty Guidelines, which accounts for last
(calendar) year's increase in prices as measured by the Consumer Price Index.
The HHS Poverty Guidelines is updated and published annually in the Federal
Register as a General Notice. The co-payment is a portion of family income that
is paid by an eligible family toward the cost of child care that provides for
cost sharing by families that receive Child Care and Development Fund (CCDF)
child care services. The amount of the required co-payment is based on a
family's gross annual, income, family size, hours of care needed, and the
number of children in care.
the adoption of a Statewide co-payment scale for child care service programs
provided to families, the programs seek to require that all eligible families
receiving child care service program benefits be assessed and/or pay a portion
of the cost of care based on household size and income.
Each DFD contracted child care center
shall establish a written policy concerning co-payments and their collection.
1. The policy shall include time frames for
any denial, suspension or termination of service, consistent with the formal
policy adopted by the child care agency.
2. The policy shall be explained and a copy
of the policy shall be provided to the parent/applicant at the time of
3. The policy shall be
implemented in a uniform and consistent manner.
The policy shall specify all terms and
conditions for the following practices, if applicable:
i. Disposition of any co-payments that are
collected in advance and held in escrow;
ii. Refunds due to any error made by the
agency in co-payment computation that has resulted in overcharges to the
for any co-payment that is owed to the child care agency resulting from:
(1) Errors in co-payment computation due to
any misrepresentation or misinformation; or
(2) Co-payments that are in arrears involving
a child care agency that has elected not to terminate services to the parent
who was delinquent with their payments or who was unable to pay due to
(e) A family shall be excluded from the
co-payment requirement in the CCDBG/CPS program when the child is identified as
a CPS Priority 1 child in a CP & P paid out of home placement. Such cases
involve children in foster care and adoption services, including children in
pre-adoptive homes, children under the guardianship of the CP & P, and
children voluntarily surrendered to the CP & P. The CP & P board
payment shall not be considered income; therefore, the payment amount shall be
In the event that
protective child care services are deemed necessary as part of a case plan for
a CPS Priority 1 child who is residing in his or her own home with his own
parent(s) or who resides with a related or unrelated para care provider, the
amount of the family's co-payment is determined on the basis of the family's
annual gross income, family size, number of children receiving care (up to two
per family), and the number of hours of service (that is, full-time and/or
part-time care) provided to the children. Gross annual income and family size
shall be calculated based upon the criteria in
. The CP & P
case manager shall have the authority to decrease or waive the co-pay on a case
by case basis.
receiving child care services for their own children and who also provide
foster care for CP & P:
1. The annual
gross income of the family shall be calculated separately from any funds that
can be identified for the maintenance of the foster child; and
2. The family's size shall exclude any foster
children in the CP & P-paid placement.
(h) No additional co-payment is required for
other DHS child care programs if the family has children in care through a
subsidized voucher program and the family is making a co-payment for two
(i) No co-payment is
required for children of unemployed WFNJ participants in approved activities
unless the child is enrolled in a contracted center. For purposes of WFNJ, the
assessed fee for a child enrolled in contracted centers is considered the total
cost of care for that child and paid by the WFNJ program.
(j) The co-payment assessed for the family is
compiled into one fee for the entire family. In WFNJ and TCC, the co-payment is
assessed to the provider on a bi-weekly basis. In the NJCK program, the
co-payment is assessed to the provider on a monthly basis. For the DFD
contracted centers, the co-payment may be assessed for weekly, bi-weekly or
assessed, the total co-payment is deducted from the amount to be paid by the
CCR & R to the provider(s) rendering services to the family (N.J.A.C.
). This assessed co-payment for
child care services is then paid directly by the parent/applicant to the
provider of care. In NJCK and TCC, any remaining balance of the cost of care,
up to the maximum rates established by the DHS is paid by the CCR & R. The
child care co-payment policy and procedures are applicable for all types of
care arrangements available through the child care service programs including:
1. Licensed child care center (including
school-age child care programs);
Registered family child care homes;
3. Approved home care, including in-home
4. Summer camps which are
approved by the Department of Health (see N.J.A.C. 8:25).
(l) In NJCK, the amount of the required
co-payment is based on the family's annual gross income level, family size,
hours of care needed, and the number of children in care. There are two
co-payment scales, full-time and part-time.
(m) No co-payment is required for purposes of
the DHS child care programs described at N.J.A.C. 10:15-6if the family has
children in care through subsidized child care programs described at N.J.A.C.
10:15-5 and is already making a co-payment for two children under either of
these child care program requirements.