Utah Admin. Code R986-700-702 - General Provisions
(1)
(a) CC is provided to support employment for
a qualified household with at least one minor dependent child who is a United
States citizen or who meets qualified alien status.
(b) CC for approved education and training
activities, job search, or for an approved temporary change as defined in
Section R986-700-703 may be authorized
in accordance with this rule.
(2) CC is available, as funding permits, to a
client who is employed or is participating in activities that lead to
employment, and is:
(a) a parent, including a
foster care parent who receives foster care reimbursement from the Utah
Department of Health and Human Services, Division of Child and Family Services,
or its successor;
(b) a specified
relative;
(c) a client who has been
awarded custody or appointed guardian of the child by court order and both
parents are absent from the home; or
(d) as determined by the Department on a
case-by-case basis, a client acting as a child's guardian although no court
order exists and both parents are absent from the home.
(3)
(a)
Except for FEP CC and transitional CC, household eligibility is determined for
a minimum period of 12 months.
(b)
The eligibility period and eligibility review may be extended to no more than
12 months, but may not be shortened to less than 12 months.
(c) Each requested verification must be
provided at the time of the application and review.
(d) The application or review is not complete
until the client has completed, signed, and returned each necessary application
or review form to the local office or through the Department's online
portal.
(e) If the Department
determines the household's gross monthly income exceeds the percentage of the
state median income as determined by the Department under Subsection
R986-700-710(4),
the Department may terminate CC even if the certification period has not
expired.
(4)
(a) CC is provided only for a child who lives
in the home of the client and only during hours when no parent or other
guardian is available to provide care for the child.
(b) The child must have a need for at least
eight hours of child care per month to be eligible for CC.
(5) The need for each child shall be reported
at the time of the application or review. After the initial approval, the need
for additional children shall require a new application for assistance. If a
client is eligible to receive CC, each of the following children, living in the
household unit, are eligible at the time of application or review:
(a) a child under the age of 13 years;
and
(b) a child up to the age of 18
years if the child is under court supervision or meets the requirements of
Section R986-700-717.
(6) When a request is made for an additional
child to be added to an open CC case, a new application is required. The
household must meet all eligibility requirements that the household was subject
to at the time of the most recent approval. The eligible child may be added for
a minimum of 365 days or 12 full months of benefits and the review for the
household may be extended, as follows.
(a) If
parent participation does not change, the additional child shall be added to
the existing locked-in benefit at its current amount and the review will be
extended for a minimum of 12 full months from the first full month of the new
child's participation.
(b) If
parent participation decreases, but continues to meet the minimum work
requirement, the new child will be added to the existing locked-in benefit at
its current amount and the review will be extended for a minimum of 12 full
months from the first full month of the new child's participation.
(c) If adding a child increases the benefit,
specifically a decrease in co-pay or increased hours, the household benefit
will increase for the next 12 months from the first full month of the new
child's participation.
(7) When requesting to add a child to an open
case, CC will be denied for the additional child if the household does not meet
all eligibility requirements to which the household was subject at the time of
the most recent approval. The remaining children who were determined to be
eligible will remain eligible through the end of the current review
period.
(8)
(a) The child care needs of a client who
qualifies for CC will be paid if and as funding is available.
(b) When the child care needs of an eligible
applicant exceeds available funding, the applicant will be placed on a waiting
list.
(i) Eligible applicants on the waiting
list will be served as funding becomes available.
(ii) Special needs children, homeless
children, and FEP or FEPTP eligible children will be prioritized at the top of
the waiting list and will be served first.
(iii) "Special needs child" is defined in
Section R986-700-717.
(9)
(a) CC
is issued monthly based on a client's eligibility for services in that
month.
(b) The amount of CC might
not cover the entire cost of care.
(10)
(a) A
client is only eligible for CC if the client has no other options available for
child care.
(b) Clients are
encouraged to obtain child care at no cost from a parent, sibling, relative, or
other suitable provider.
(c) If
suitable child care is available to a client at no cost from another source, CC
cannot be provided.
(11)
(a) CC may only be provided by an eligible
provider approved by the Department and will not be provided for illegal or
unsafe child care.
(b) Illegal
child care is care provided by a person or facility required to be licensed or
certified but where the provider has not fulfilled the requirements necessary
to obtain the license or certification.
(12)
(a) CC
will not be paid for the care of a client's own child during the time the
client is working as a caregiver in the same residential setting where care is
being provided.
(b) CC will not be
approved where the client is working for an approved child care center and
regularly watches the client's own children at the center or has an ownership
interest in the child care center.
(c) CC will not be paid for the care of a
client's own child if the client is also the licensee or is a stockholder,
officer, director, partner, manager, or member of a corporation, partnership,
limited liability partnership or company, or similar legal entity providing the
child care.
(d)
(i) A person who is self-employed as a child
care provider cannot receive CC for child care provided for that person's
children during the time the person is working as a child care provider,
regardless of where the person's child receives child care.
(ii) A person who is self-employed as a child
care provider may receive CC when needed for approved activities while the
person is not engaged in child care.
(13) Neither the Department nor the state is
liable for an injury that may occur when a child is placed in child care even
if the parent receives CC from the Department.
Notes
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