Changes to child care family fees schedule

The California Department of Education (CDE) has issued a Management Bulletin about changes in the child care family fee schedule.  The Management Bulletin has a link to a chart of new the family fee schedule based on the revised minimum income ceilings from AB 99.

The Management Bulletin also contains guidance about charging the family fee.  Families are assessed a flat monthly fee based on number of hours of care, income and family size.  Families with a certified need of less than 130 hours per month are assessed a part-time fee.  Contractors must use the new fee schedule when assessing a family at initial application or recertification, a parent voluntarily reports changes to reduce their family fees and when  recalculating fees to determine the amount of a refund because of changes in the family fee.  Agencies cannot increase fees because of the new schedule fees unless the change results from recertification.

Several types of families are exempt from the family see.  These families are families receiving CalWORKs, families enrolled in part-day preschool, families with children at risk of abuse, neglect or exploitation, and families whose children are receiving Child Protective Services services.

When the parent has a predictable schedule, the contract uses the that schedule to determine the number of hours of child care.  For families with unpredictable schedules, the contractor uses the average number of work hours for the four months prior to certification.  If there is not work history, the fee is based on verified hours the employer expects the parent to work, or self-employment documentation provided by the parent.  The contractor reassesses the fee every 12 months unless the family requests a reduction by reporting a change.

When a family requests a reduction to their family fee by reporting a change such as family income, days and hours of care needed, or family size, the contractor must reassess the family fee.  The parent must provide documentation to support the reported change.  The family fee reduction takes effect on the first of the month following receipt and approval of the verification of the change.  The documentation cannot be used to make any other changes to the service agreement.

A Notice of Action must be issued immediately upon receipt and approval of the documentation supporting the change.  The fee reduction is effective immediately upon receipt of the Notice of Action.  (Management Bulletin 17-11, August, 2017.)

Changes to child care income eligibility and fees

The California Department of Education (CDE) has issued three Management Bulletins about changes in child care income eligibility.  For purposes of initial eligibility for a family’s adjusted monthly income must be at or below 70 percent of State Median Income.  Once the family is eligible, the family remains eligible until their adjusted monthly income exceeds 85% of State Median Income.  A schedule of the initial income eligibility amounts is in Management Bulletin 17-08.

The family must report income increases that exceed the 85% threshold.  The contractor must notify parents in writing at the time of initial eligibility and at recertification of the dollar amount that equals the 85% threshold, and of the requirement to report when income exceeds this dollar amount.  After reporting, the contractor must redetermine eligibility, including evaluating eligibility for other state of federally funded child care programs.  A schedule of the 85% threshold reporting amount is in Management Bulletin 17-09.

In addition, CDE has adopted a new income ranking table.  First priority for child care services are to children who are receiving Child Protective Services, or have been identified as as-risk of abuse, neglect or exploitation.  Second priority is by income ranking order.  Management Bulletin 17-10 includes a link to spreadsheet of the new table to determine the income ranking order for enrollment and disenrollment.  (Management Bulletins 17-08, 17-09 and 17-10, July, 2017.)

Emergency child care program for foster children

CDSS has issued instructions about the child care Bridge Program.  The program provides emergency child care vouchers, child care navigator services and trauma-informed care training and coaching in counties that choose to participate in the program.

Families eligible for the child care Bridge Program payment include resource families and families who have a child placed with them in an emergency or for a compelling reason, licensed foster family home or certified family homes, approved homes of relatives and nonrelative extended family members, and parents under the jurisdiction of the juvenile court, including non-minor dependant parents.

These families can receive a payment or voucher when work or school responsibilities prevent the eligible families from being at home when the foster child is not in school or when the family is required to participate in activities of parenting beyond ordinary parental duties such as administrative or judicial reviews, case conferences and family trainings.

The payment or voucher is available for up to six months until the child is placed in long-term subsidized child care.  The payment can be extended to up to 12 months at the county’s discretion if the family is unable to secure long-term child care in the first six months.

The child care navigator works for the local Resource and Referral agency and assists the family with locating child care and developing a long-term plan for child care.

The Resource and Referral agency also provides trauma-informed care and coaching to providers and children of parenting youth in the foster care system.

Resource and Referral agencies must enter into a memorandum of understanding or contract with the county child welfare agency.

Counties must apply for the program by November 30, 2017.  (ACL 17-109, October 27, 2017.)

Child care immunization requirements

The California Department of Social Services has issued instructions immunization as a requirement for enrolling in child care.  SB 277 ended the personal belief exemption to mandatory immunization effective January 1, 2016.  This requirement applies to child case as explained in California Department of Education Management Bulletin 16-05.  Children who previously had a personal belief exemption from immunization will need to be immunized prior to entering kindergarten or seventh grade.  The immunization exemption for medical reasons remains.

The immunization requirement does not apply to licensed exempt child care.  If children switch from license exempt child care to licensed child care, the immunization requirement will apply.

SB 277 does not change the CalWORKs immunization requirements.  The CalWORKs requirement only applies to aided children under age six.  The personal belief and other good cause exceptions to immunizations remain for CalWORKs.  (ACL 17-86, August 11, 2017.)

Transfer of families to Stage 2 child care

The California Department of Education (CDE) has issued instructions about the process for transferring families from Stage 1 to Stage 2 child care.  Both Stage 1 and Stage 2 child care are for families receiving CalWORKs.  Stage 1 child care is administered by a county welfare department (CWD) or a child care alternative payment program (APP) under contract with a CWD.  Families are transitioned to Stage 2 when the county determined they are “stable.”  Stage 2 is administered by APPs.

The process to transfer from Stage 1 to Stage 2 is to be seemless with no break in services.  Stage 2 programs must develop efficient and coordinated systems with Stage 1 programs to ensure that child care services seamlessly continue for families moving between Stage 1 and Stage 2 with no break in aid.

CalWORKs families are categorically eligible for Stage 2 and pay no family fees.  A family receiving CalWORKs does not need to report changes in income or family size to the APP and cannot be terminated for failure to do so.  If a family receiving CalWORKs would otherwise have their child care terminated for violation of an APP’s policies, the APP must notify the CWD to determine what steps to take including referral back to Stage 1.

When transferring from either Stage 1 or another Stage 2 program, the APP can only require nine listed data elements and cannot require any other information from the family.  The APP must request the nine data elements from Stage 1 or other Stage 2 program.  The family is not responsible for providing the information.  APPs cannot require the family or child care provider to furnish documentation provided to the Stage 1 or other Stage 2 program within one year of the application date unless documentation is missing and that documentation affects eligibility for services.

When the Stage 2 program receives the nine data elements, it must assume full responsibility for reimbursing the provider, provide the parent with a notice that the transfer is complete, and notify the family about returning the transfer of enrollment form to certify that the nine data elements are correct.  The APP should allow at least 30 days to return the transfer of enrollment form and should not terminate services for failure to return the transfer of enrollment for six months.

The APP cannot require the family to complete a new application and cannot require the family to furnish information previously provided to the transferring Stage 1 or other Stage 2 program unless there is a reported change that requires an update.  (Management Bulletin 17-06, May, 2017.)

Benefits and same-sex marriages and domestic partnerships

The California Department of Social Services has issued policies about how same-sex marriages and domestic partnerships are treated for purposes of various programs.  For CalWORKs, same-sex spouses and registered domestic partners who have adopted the children are treated as members of the assistance unit who are subject to welfare-to-work requirements.  These households are considered two parent households for purposes of welfare-to-work requirements.  Same-sex spouses and registered domestic partners who have not adopted the children are considered step-parents, meaning they can be considered part of the assistance unit and participate in welfare-to-work but are not required to do so.

For purposes of eligibility for child care, same-sex spouses and registered domestic partners who have adopted the children are treated as members of the assistance unit, meaning the same-sex spouse or registered domestic partner can be considered an able and available parents who can provide child care.  Same-sex spouses and registered domestic partners who have not adopted the children are considered optional step-parents and are not considered for purposes of eligibility for child care.

For purposes of CalFresh, any group of persons who customarily purchase and prepare meals together are considered a household.   Same-sex spouses are considered spouses and must be included in the CalFresh household.  However, registered domestic partners are not considered spouses and are not automatically included in the household.  Registered domestic partners who are part of the CalWORKs assistance unit or customarily purchase and prepare meals with the family must be included in the CalFresh household.

Refugee Cash Assistance has the same requirements as CalWORKs.  Registered domestic partners have the same status as married couples for purposes of eligibility for Refugee Cash Assistance.  ACL 16-13 (March 28, 2016).