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| Montana Administrative Register Notice 37-531 | No. 24 12/23/2010 | |
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BEFORE THE DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES OF THE STATE OF MONTANA
TO: All Concerned Persons
1. On January 13, 2011 at 10:30 a.m. the Department of Public Health and Human Services will hold a public hearing in the auditorium of the 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 Department of Public Health and Human Services no later than 5:00 p.m. on January 7, 2011 to advise us of the nature of the accommodation that you need. Please contact Gwen Knight, Department of Public Health and Human Services, Office of Legal Affairs, P.O. Box 4210, Helena, Montana, 59604-4210; telephone (406) 444-9503; fax (406) 444-9744; or e-mail dphhslegal@mt.gov.
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) This chapter pertains to payment for child care services provided to parents eligible for benefits funded under section 5082 of the Omnibus Reconciliation Act of 1990, Public Law 101-508, entitled "Child Care and Development Block Grant Act of 1990", as amended in 1996, and the "Personal Responsibility and Work Opportunity Reconciliation Act" of 1996. These rules also pertain to subsequent refunding of this program. In addition, this chapter's requirements for certification of legally (2) through (3) remain the same. (a) Unless the department has agreed to a modified repayment schedule, a parent will cease being eligible to receive child care assistance if the parent has not become fully current in making all required payments on or before the 90th calendar day following the first missed payment. The period of ineligibility will begin on the 90th calendar day following the first missed payment and will end when the parent has become fully current in making all payments required under the repayment agreement or order. (b) Unless the department has agreed to a modified repayment schedule, a parent will cease being eligible to receive child care assistance if the parent has not become fully current in making all required payments on or before the 60th calendar day following the second missed payment. The period of ineligibility will begin on the 60th calendar day following the second missed payment and will end when the parent has become fully current in making all payments required under the repayment agreement or order. (c) Unless the department has agreed to a modified repayment schedule, a parent will cease being eligible to receive child care assistance if the parent has not become fully current in making all required payments on or before the 30th calendar day following of the third missed payment. The period of ineligibility will begin on the 30th calendar day following the third missed payment and will end when the parent has become fully current in making all payments required under the repayment agreement or order. (d) and (4) remain the same. (5) Households that are not receiving temporary assistance for needy families (TANF) may receive child care assistance for 30 calendar days while eligibility is being verified. Households may benefit from 30 calendar days of presumptive eligibility (a) through (8) remain the same. (9) Payment of funds under this chapter also depends on continued (10) and (11) remain the same. (12) An application for child care assistance will be denied if the applicant fails to submit all required documentation within 30 calendar days of the date on which the application is received by the resource and referral agency. Applicants must be offered one (13) The Child Care Assistance Program will be administered in accordance with: (a) remains the same. (b) the Montana Child Care Manual in effect on
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) through (9) remain the same. (10) "Federal poverty guidelines (FPG)" means the poverty guidelines published annually by the U.S. Department of Health and Human Services based on information compiled by the U.S. Bureau of the Census. The department adopts and incorporates by reference the federal poverty guidelines published at 69 FR 7336 on February 13, 2004 and updates are issued on an annual basis. The guidelines define the income levels for families that the federal government considers to be living in poverty. A copy of the guidelines is available from the Department of Public Health and Human Services, Human and Community Services Division, 111 N. Jackson St., P.O. Box 202952, Helena, MT 59620-2925. (11) through (13) remain the same. (14) "Individual with a disability" means a person with a physical, mental, or emotional defect, illness, or impairment diagnosed by a licensed physician, psychiatrist, or psychologist which is sufficiently serious as to eliminate or substantially reduce the individual's ability to obtain and retain employment for a period expected to last at least 30 calendar days. (15) "In loco parentis" means a person who lives with the child and has assumed the care and control of the child. (a) A legally (16) and (17) remain the same but are renumbered (17) and (18). (19) "Provider" means both legally (20) through (22) remain the same.
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) through (1)(a)(ii) remain the same. (A) the parent must be working a minimum of 60 hours each month; (B) the parent must be working a minimum of 40 hours each month if attending school or training full-time (C) the parent must be working a minimum of 60 hours each month if attending school or training part-time. (b) through (4) remain the same. (5) The parents may apply for (6) remains the same. (a) A household receiving assistance funded by the TANF program is guaranteed needed child care when participating in family investment agreement activities which 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 ten calendar days after the date the referral is made. (ii) If the parent does not contact the child care resource and referral agency within ten 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) through (8) remain the same. (9) A household experiencing unemployment due to good cause as defined in ARM 37.78.508 may have child care benefits extended and the usual child care schedule continued for 30 calendar days following the job loss, if the following conditions are met: (a) remains the same. (b) the household requests the extension within ten calendar days after the parent's last day of employment; and (c) remains the same. (10) Child care assistance is only available under this chapter for child care provided by: (a) a legally (b) and (11) remain the same.
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) Financial eligibility for child care assistance is based on the household's monthly income as defined in ARM 37.80.102. Households whose income exceeds 150% of the Federal Poverty Guideline (FPG) for a household of their size are not eligible for child care assistance. (2) through (9) remain the same. (10) No child care assistance payments can be issued until (11) The child care (12) Benefits will only be paid for actual care provided during the (13) A household that receives any amount of child care assistance to which the household was not entitled shall repay all child care assistance to which the household was not entitled, regardless of whether the applicant, the recipient,
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
37.80.205 CHILD CARE RATES: PAYMENT REQUIREMENTS (1) The hourly rate is paid for services provided less than six hours during a calendar day. (2) The daily rate is paid for six to ten hours of service during a calendar day. (3) Child care (4) through (4)(b) remain the same. (c) a household may use the child care subsidy program to pay for days when care is not actually provided when the child's slot is vacant for a period of not more than 30 calendar days and the child's slot will be lost to a child on the provider's waiting list if payment is not made. (5) through (8) remain the same.
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 has lost their license, registration, or (3) Child care facilities 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 are (4) through (5)(d) remain the same.
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
37.80.305 LEGALLY
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
37.80.306 LEGALLY (2) An application for certification or recertification will be denied under any of the following circumstances: (a) the applicant fails to submit all required documentation within 30 days of the date on which the application is received by the resource and referral agency (b) through (3)(a) remain the same. (4) In addition to completing all required application forms for certification under this chapter, applicants for certification to provide child care as legally (a) through (5)(e) remain the same. (6) Legally (a) remains the same. (b) within 60 calendar days of approval, attend a training or orientation session provided or approved by the department which includes health and safety issues; (c) remains the same. (d) care for no more than two children at a time, unless the children are from the same family. If the children are from separate families, then a legally (e) remains the same. (7) Legally
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) Except as provided in (2) and (3), the provider will receive payment for child care services when the care is provided outside the child's home or when the care is provided by a great-grandparent, grandparent, step-grandparent or step-great-grandparent, aunt, or uncle who resides in the parent or child's home. If the parent and the provider both agree payment should be made to the parent, payment may be made to the parent. (2) remains the same. (3) Payment will be made to the provider when the provider participates in (4) through (4)(b) remain 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 (b) and (c) remain the same. (d) If the (e) and (6) remain the same.
AUTH: 52-2-704, MCA IMP: 52-2-704, 52-2-711, 52-2-713, MCA
37.80.501 TERMINATION OF CHILD CARE ASSISTANCE (1) through (1)(g) remain the same. (h) the child no longer receives care at the child care facility specified in the (i) remains the same. (2) When child care assistance is terminated due to the household's loss of eligibility, as specified in (1)(b), (c), (f), (g), or (i), notice of termination must be sent to both the parent and the provider at least (a) through (3)(b) remain the same. (4) The department is obligated to the parent and/or the provider only to the extent specified in the
AUTH: 52-2-704, MCA IMP: 52-2-704, MCA
4. REASONABLE NECESSITY: The Department of Public Health and Human Services (department) is proposing amendments to ARM 37.80.101, 37.80.102, 37.80.201, 37.80.202, 37.80.205, 37.80.301, 37.80.305, 37.80.306, 37.80.316, and 37.80.501 pertaining to child care assistance.
ARM 37.80.101(13)(b)
ARM 37.80.101(13)(b) currently adopts and incorporates by reference the Montana Child Care Manual effective November 1, 2010. The department proposes to make some revisions to this manual that will take effect on February 1, 2011. The proposed amendment to ARM 37.80.101(13) is necessary to incorporate into the Administrative Rules of Montana the revisions to the manual and to permit all interested parties to comment on the department's policies and to offer suggested changes. It is estimated that changes to the Child Care Manual could affect approximately 3500 recipient households, 2000 child care providers, and 11 Child Care Resource & Referral (CCR&R) agencies. Manuals and draft manual material are available for review in each local office of public assistance and on the department's web site at www.bestbeginnings.mt.gov. The department does not anticipate any adverse affect or any fiscal impact associated with the changes to the manual and to ARM 37.80.101(13)(b).
ARM 37.80.101, 37.80.102, 37.80.201, 37.87.205, 37.80.306, and 37.80.316
The department proposes to add the word "calendar" to clarify how days shall be counted.
ARM 37.80.101(9)
This rule is being updated to remove the term "federal" from the phrase "federal funding". Payment of funds for programs identified in this chapter depends on continued funding from all sources. The loss or depletion of any type of funding may cause a termination of any and all benefits currently identified in this chapter.
The department does not anticipate any adverse affect or any fiscal impact associated with this change.
ARM 37.80.102
This rule is being updated to clarify definitions in policy specifically listed in ARM 37.80.102. The department has found during administrative reviews that CCR&R eligibility staff and families require additional information and explanation to some terms defined in this rule. Definitions have been added for terms currently listed in the rule, but not specifically listed in policy defined in this section.
ARM 37.80.201(1)(a)(ii)(C)
This rule is being updated to clarify work activity requirements in policy for single parent families. Policy and rules currently do not stipulate the number of work hours required for a single parent who is attending school or training on a part time basis. The department has found that more single parent families are electing to attend school/training on a part-time basis while continuing to work to provide for their families. Eligibility specialists need this clarification as they assist single parent households needing child care assistance where the single parent in a single parent household must work while attending school or training part time.
ARM 37.80.201(5)
This rule is being updated to change the term "certification/recertification" with the more exact term "authorization/re-authorization" to remove the ambiguity reflected in current technology. This change provides continuity with other changes made in policy and rules related to the use of the term "certification plan".
This rule is being updated to change the term "legally unregistered provider" to "legally certified provider". The change in terminology more clearly reflects the classification of this type of provider and is equivalent to the term used in other states to identify this type of provider classification.
Language identifying registered and licensed facilities as those "approved" by the Child Care Licensing Bureau of the Quality Assurance Division rather than the term "certified" to make it clear that the provider classification identified as "legally certified" is separate from those registered and licensed facilities under the direct supervision of the Child Care Licensing Bureau of the Quality Assurance Division.
ARM 37.80.202(10), (11), (12), and (13)
This rule is being updated in the following subsections to change language related to the child care certification plan specifically listed in ARM 37.80.202. One additional language modification is found in (13) related to contractor actions on behalf of the department in relation to agency error.
ARM 37.80.202(10)
This rule is being updated to change the term "certification plan" with the more exact term "authorization and corresponding certification plan". The "certification plan" is a notice issued through the CCUBS database by the child care resource and referral agency after the family has been determined eligible for child care assistance. It authorizes a family to receive the assistance and providers to bill the state for child care services. The "certification plan notice" is issued by the department's database program and is not directly issued by the child care resource and referral agency. Policy currently uses the terms certified and certification to describe providers approved for payment purposes who are not registered or licensed by the Quality Assurance Division, Licensure Bureau. This change in language is expected to reduce the amount of confusion by families, eligibility specialists, and other users of the policy manual and rule.
ARM 37.80.202, 37.80.205, 37.80.305, and 37.80.306
These rules are being updated to replace the term "certification plan" with the more exact term "authorization and corresponding certification plan". The limits for child care benefits are established in the authorization for child care services and make up a portion of the certification plan notice. Although authorization and the corresponding certification plans may change, the most recent authorization and corresponding certification plan are the effective ones. When the "authorization and corresponding certification plan" expire no further notice is given to parents or providers. Only the use of the phrase "authorization and corresponding certification plan" has changed in this subsection. The change in language is expected to reduce the amount of confusion by families, eligibility specialists, and other users of the policy manual and rules.
ARM 37.80.306
This rule is being updated to clarify the terms in policy specifically listed in rule pertaining to the classification of the type of provider that is not identified by the Child Care Licensing Bureau of the Quality Assurance Division as licensed or registered. The terminology is used in several sections of ARM. 37.80.306. In addition, legally certified providers are not granted 15-calendar-day extensions in practice or in policy. Therefore the language in ARM needs to be removed. ARM 37.80.306(2)(a) This rule is being updated to eliminate the wording allowing the granting of a 15-day extension to legally certified providers. Applications for legally certified providers have 30 calendar days to complete the application process. Certifications are issued once all background checks are finished. Any third party information is directly tied to the background check process which runs outside the 30-calendar-day time period and has no stipulated time limit because the checks can take more than 15 extra days. Use of the time limit could put undue hardship on these providers to become certified.
ARM 37.80.306(4), (6), and (7)
These rule sections are being updated to change the term "legally unregistered provider" to "legally certified provider". The change in terminology more clearly reflects the classification of this type of provider and is equivalent to the term used in other states to identify this type of provider classification.
ARM 37.80.316
This rule is being updated to clarify the specific terms in policy specifically listed in this rule citation.
ARM 37.80.316(1)
This rule section is being updated to expand the list of individuals eligible to provide in-home relative care to include step-grandparents or step-great-grandparents. The addition of these relatives enhances parental choice of potential providers and is a response by the department to families' need for more provider options.
ARM 37.80.316(3)
This section is being updated to correct language pertaining to payments made to providers participating in a tiered reimbursement program. The intent of the language remains the same.
ARM 37.80.316(5)(a)
This rule is being updated to change the term certification plan to authorization and corresponding certification plan to remove the ambiguity reflected in the term certification plan. Benefits paid for actual care provided are those delineated in the authorization and corresponding certification plan. The use of the phrase "authorization and corresponding certification plan" is the only change in this subsection. The change in language is expected to reduce the amount of confusion by families, eligibility specialists, and other users of the policy manual and rule.
ARM 37.80.316(5)(d)
This rule is being updated to change the term certification plan to authorization and corresponding certification plan to remove the ambiguity reflected in the term certification plan. The use of the phrase "authorization and corresponding certification plan" is the only change in this subsection. The change in language is expected to reduce the amount of confusion by families, eligibility specialists, and other users of the policy manual and rule.
ARM 37.80.501
This rule is being updated in the following subsections to change language related to the child care certification plan specifically listed in ARM 37.80.501.
ARM 37.80.501(1)(h)
This rule is being updated to change the term certification plan to authorization and corresponding certification plan to remove the ambiguity reflected in the term certification plan. The child care facility at which a child receives care is specifically delineated in the authorization and corresponding certification plan. The use of the phrase "authorization and corresponding certification plan" is the only change in this subsection. The change in language is expected to reduce the amount of confusion by families, eligibility specialists, and other users of the policy manual and rule.
ARM 37.80.501(4)
This rule is being updated to change the term certification plan to authorization and corresponding certification plan to remove the ambiguity reflected in the term certification plan. The department's obligation to parent and/or provider is only to the extent as specifically delineated in the authorization and corresponding certification plan. The use of the phrase "authorization and corresponding certification plan" is the only change in this subsection. The change in language is expected to reduce the amount of confusion by families, eligibility specialists, and other users of the policy manual and rule.
Following is a brief overview of the Child Care Manual sections with changes related to the above ARM citations. The department does not anticipate any adverse affect or any fiscal impact associated with these changes.
In the following sections where reference is made to the term "legally unregistered provider" or "legally unregistered in home provider" or the use of the acronyms LUP/LUI, terms are now "legally certified provider", "legally certified in-home provider", and the use of acronyms LCP/LCI. The changes in terminology more clearly reflect the classification of this type of provider: Sections 1-3, 1-4, 1-8, 1-11, 2-1, 2-2a, 2-6, 2-7, 3-1, 3-2, 3-3, 4-1, 4-2, 6-1, 6-2, 6-2a, 6-6, and 6-7.
In the following sections, all procedural directions regarding the Child Care Under the Big Sky [CCUBS] database have been removed and replaced with the phrases "See the ECSB Procedure and Resource Manual for processing" or "See the ECSB Procedure and Resource Manual". This allows for changes to procedures in the CCUBS manual as the database is upgraded and new enhancements improve tracking of family benefits and provider payments. Such enhancements which may impact procedure will not then require changes to policy and ARM wording. Sections 1-4, 1-6, 2-1, 2-2a, 2-3, 2-4, 2-5, 6-2, 6-3, 6-4, 6-5, 6-6, 6-7, 6-9, 7-3b, 7-3c, 7-4a, 7-5a, and 7-5b.
In the following sections, all use of examples have been removed. These examples were originally included as part of the manual in an effort to augment policy language. Instead, the examples have proven to cause more confusion to manual users and created more frequent requests for explanation of the examples. Sections 1-8, 1-9, 1-10, 2-1, 2-2, 2-3, 2-4, 2-5, 2-6, 3-1, 6-1, 6-3, 6-5, 6-6, 6-7, and 6-9.
In the following sections, all specific form numbers have been removed. Titles of specific forms remain as part of manual language; however, removing the form number allows for updating and revising forms without requiring changes to policy and ARM wording. Sections 1-9, 1-11, 2-1, 2-2, 2-2a, 2-3, 2-4, 2-4a, 2-7, 3-1, 3-2, 3-3, 6-2, 6-2a, 6-5, 6-6, 6-9, and 7-3c.
In the following sections, the term "days" was expanded with the descriptor "calendar" to better clarify time periods. Sections 1-4a, 1-10, 1-11, 2-1, 2-2a, 3-1, 3-3, 6-2, 6-3, 6-4, 6-5, 6-6, 6-7, 7-3c, and 7-6.
In the following sections, the term "certification plan" was replaced with "authorization and corresponding certification plan" as the better descriptor. Sections 1-8, 1-10, 2-1, 2-2, 2-2a, 2-3, 2-5, 2-7, 3-1, 3-2, 3-3, 4-1, 6-3, 6-4, 6-5, 6-6, 6-7, and 6-8.
The content of the following sections have been removed from the policy manual and the sections have been reserved:
1. Section 6-10 Table of Eligibility Related Forms. The titles of these forms remain in policy, but the numbers are removed so that revisions can be made to the forms without requiring subsequent revisions to policy and ARM wording. 2. Section 6-13 Resources for CCR&R Eligibility Specialists. This section will be used to create the ESCB Procedure and Resource Manual for CCR&R specialists that can be updated as resource changes occur without requiring additional revisions to policy and ARM wording. 3. Section 7-4 Provider Grants. The provider grant program is no longer in effect as of September 30, 2010. The Quality funding used for this program will be used for the Best Beginnings STARS to Quality field test incentives.
Section 1-2 - Overview - Best Beginnings Child Care Scholarships - Human & Community Services Division Early Childhood Services Bureau Organizational Chart
This manual section is being revised to direct manual users to the Early Childhood Services Bureau web site to view the Organizational Chart. Updates to the chart because of staff changes are current on the web site. Exclusion from this policy section allows for updates to the chart without requiring corresponding changes to policy and ARM wording.
Section 1-1 - Overview – Best Beginnings Child Care Scholarships – Table of Contents
This manual provision is being updated to provide corrections to sections as outlined below: 1. Title of Section 1-4 corrected to match the policy section; 2. Effective date of Sliding Fee Scale updated for section 1-5; 3. Updated subsections in Section 2-2 because child support information moved to its own section; 4. Added Section 2-2a Child Support; 5. Removed Self-employment subsections from Section 2-4; 6. Added Section 2-4a Household Income – Self Employment; 7. Title of Section 2-5 changed to match new name; updated subsections in this section to reflect re-organization of the section; 8. Added Section 2-7 Recertification and its subsections; 9. Title of Section 6-2 updated to reflect name change for this provider type in the title; 10. Title of Section 6-2a updated to reflect name change for this provider type in the title; 11. Removed subsection listed for Section 6-7 – the information was never in this section; 12. Deleted all of Section 6-10 from policy manual and section now "reserved" [see rationale in section listing below]; 13. Deleted all of Section 6-13 from the policy manual and section is now "reserved" [see rationale in section listing below]; 14. Section 7-1 renamed and old subsections deleted and new subsections added; 15. Section 7-3B replaced with new information and renamed "Preschool Teacher Certification" [see rationale in section listing below]; 16. Section 7-4 content deleted and section is now "reserved" [see rationale in section listing below]; 17. Added Section 8-1 – "Index" to better assist manual users in finding information contained therein.
Section 1-2 - Overview – Best Beginnings Child Care Scholarships - Human & Community Services Division Early Childhood Services Bureau Organizational Chart
This manual provision is being updated to reflect the new web site location for the DPHHS Human and Community Services ECSB organizational chart. There is no current plan at this time to provide the chart in the hard copy version of the manual.
Section 1-3 - Overview – Best Beginnings Child Care Scholarships - Definitions
As is reflected in the change to ARM 37.80.102(6), ARM 37.80.102(15) and ARM 37.80.102(17) for definitions 1-3, this manual provision is being updated to provide additional amplification for those three definitions in policy that are specifically listed in ARM. The addition of these definitions will clarify the department's use of these terms with families, providers, and CCR&R eligibility staff.
1. "Legally unregistered provider" has been changed to "Legally Certified Provider" to more clearly reflect the classification of this type of provider. These providers are not required to be registered or licensed as a child care facility and are not a preschool or drop-in facility, and include providers whose child care services are provided in the home of the parents. Instead, they are currently certified for payment of child care services purposes only. 2. "Person acting in loco parentis" has been changed to "In loco parentis". The definition remains the same; however, it was re-named "In loco parentis" to facilitate use of the newly created index. It is believed that an individual seeking to find this definition would look first under "in loco parentis" rather than "Person acting in loco parentis". In addition, while the words in this section have been changed in some definitions to enhance their meaning, definitions below have been added to Section 1-3 although they are not specifically listed in the rule. The addition of these definitions will clarify the department's use of these terms with families, providers, and CCR&R eligibility staff. 3. "Applicant" means an individual applying for the Best Beginnings Child Care Scholarship program. 4. "Authorization to Release Information" means the part of the child care application packet used to assist the applicant/participant in obtaining information necessary to determine eligibility. It explains the client's rights to confidentiality and gives the participant/applicant the option of authorizing the release of information or declining to authorize the release of information. Unless the release is temporary, it is generally good for one year. 5. "Authorization of Service" 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 Plan. 6. "Bi-weekly" means the time frame for converting income into a monthly figure when the pay date occurs every other week regardless of the actual date totalling 26 pay periods each year. 7. "Certified Provider" [see "Legally Certified Provider"] means a special designation for providers not required to be registered or licensed because they care for fewer than three children [two child of separate families or all from the same family] and are certified only for payment purposes by the state of Montana. 8. "Collateral Contact" means knowledgeable individuals or sources who serve to support or confirm information provided by the applicant/parent. 9. "Corporation" means a business type that exists separately from the individual who owns interest in it. Must file a separate corporate tax return. Two types: C-Corporation and S-Corporation. 10. "Corporation: C-type" means a business where shareholders receive profits in the form of dividends. The dividends must be reported on the shareholder's individual tax return and are counted as unearned income to the client and use the individual wages and dividends instead of the self-employment figures to compute income. 11. "Corporation: S-type" means a small business corporation of 35 or fewer shareholders taxed only at the shareholder level, is similar to a partnership in that each partner separately reports his or her share of the income, deductions, loss, and credits on their personal tax forms, and must file a tax return on form 1120-S. Note: Farm S-corporations must file a form 1120-S and are not required to file a Schedule F. However, some farm corporations may file both forms. 12. "Earned Income" refers to income that is the monthly equivalent of all earnings received [before taxes and other deductions], no matter when it was earned. 13. "Hardship" means a state of misfortune or adversity which may be temporary. 14. "Limited Liability Company [LLC]" means a business structure allowed by state statute, owners have limited personal liability for debts and actions of the LLC, is owned by "LLC members", and is not recognized by the federal government as a classification for federal tax purposed. An LLC must file as a corporation, partnership, or sole proprietorship tax return. 15. "Mandatory Reporters of Child Abuse" means any person required by the state of Montana to report possible incidences of abuse or neglect to Child Protective Services. 16. "Monthly Pay Period" means the time frame for converting income into a monthly figure when the pay date occurs only once each month regardless of the actual pay date. 17. "Naturalization" means the formal granting of U.S. citizenship to a foreigner. 18. "Net Income" means the income amount after expenses have been deducted regardless of the amount of income. 19. "Noneligible parent" means the absent parent, who shares the cost of child care as stipulated in the Parenting Plan but, is not eligible for a Best Beginnings Child Care Scholarship. Authorization of Services hours of care is based on the noneligible parent's work schedule. 20. "Paid Legal Labor" means the amount an individual earns divided by the hours worked equals at least minimum wage as defined in Montana. 21. "Participant" means an individual already receiving assistance through the Best Beginnings Scholarship program. 22. "Partnership" means a business owned by two or more individuals, must file a return on federal Form 1065, but not taxed as a separate entity, each partner also receives a Schedule K-1 showing his/her share of income, gain, loss, deduction, or credits. Profits are counted as earned income. Partners may receive differing shares depending on original partnership agreement and, if not working for the business, still receive Schedule K which counts as unearned income. 23. "Qualified Alien" means an individual lawfully admitted to the United States for permanent residence under various sections of the Immigration and Nationality Act (INA) 24. "Residential Parent" means the parent with whom the child resides. 25. "Semi-monthly" means the time frame for converting income into a monthly figure when the pay date occurs only twice each month regardless of the actual pay date. 26. "Significant Other" means domestic partner, a person, not necessarily a spouse, who is in a co-habitating relationship. 27. "Sole Proprietorship" means the business is owned and controlled by one individual, is not required to file a separate tax return, must include the profit or loss from all sole proprietorships on the client's federal 1040 tax forms, and must file a separate tax schedule for each business operated under this type: Farm must file a separate Schedule F; nonfarm must file a separate Schedule C. 28. "Taxable Gross Income" means the amount of income subject to income taxes; found by subtracting the appropriate deductions (IRA contributions, alimony payments, unreimbursed business expenses, some capital losses, etc.) from adjusted gross income. For self-employed parents, taxable gross income is calculated by subtracting verified business expenses from gross receipts as defined in Section 2-4a. 29. "Unearned Income" means an individual's income derived from sources other than employment, such as interest and dividends from investments, or income from rental property. It is the participant's responsibility to provide verification of this type of income. 30. "U.S. Citizen" means citizenship in the United States as a classification given to a legal member of the U.S. It entails specific rights, duties, privileges, and economic benefits including types of federal assistance. Citizenship is typically granted to those born on U.S. soil. 31. "U.S. National" means an individual who owes his sole allegiance to the United States, including all U.S. citizens and including some individuals who are not U.S. citizens. For tax purposes, "the U.S. National" refers to individuals who were born in American Samoa or the Commonwealth of the Northern Mariana Islands. 32. "Working Caretaker Relative" means a TANF-based program available for individuals caring for child[ren] of TANF-child only grant recipients through the Public Assistance Office. These caretakers are eligible to receive a Best Beginnings Scholarship to cover their work activities.
In addition, the following definition in this section has been deleted:
At-Home Relative Care means care that is provided by a person living with the child who is a relative of the child in one of the following ways: (a) Aunt or Uncle; (b) Grandparent; or (c) Great-grandparent. This definition has been incorporated into the definition for Legally Certified In-home Provider; the term "at-home relative care" is no longer being used.
Section 1-4 - Overview – Best Beginnings Child Care Scholarships – Child Care Scholarship Rates
This manual section is being revised to accurately reflect updates to scholarship rates reflected in the May, 2009 Market Rate Survey. The department has determined that it is necessary to conduct market rate surveys and update the provider reimbursement rates to ensure providers received payments based on competitive rates so they continue to provide care to families who qualify for subsidized child care assistance. Language has been added to reflect that updating rates depend on budget provisions and the frequency, the timeline for conducting the market rate, and the effective date for changes based on the survey. In addition, revisions also reflect a change to clarify the payment of the infant rate which will run until the infant turns two and the removal of CPS care relating to children with special needs to section 1-4a.
The department anticipates potential adverse affect to providers in this section as the May 2009 rates are the most recent. The department is not able due to budgetary cuts to offer more current rate structures at this time.
Section 1-4a - Overview – Best Beginnings Child Care Scholarships – Children with Special Needs
This manual section is being revised to include expanding the list of documents required as part of the contract with the Statewide Inclusion Coordinator and reducing the number of calendar days for submission of these documents from 45 to ten. Forty-five days is deemed an excessively long time period while ten is more than sufficient given the nature of the documents. Also, current language requires providers to submit receipts for expenses associated with the subsidy within 30 calendar days or be subject to an overpayment. The change would require providers to pay expenses and submit all receipts for reimbursement. This removes the potential of placing the provider in a penalty situation and instead puts the responsibility on the provider to seek reimbursement.
In addition, language pertaining to CPS Care for children with special needs has moved to this section from Section 1-4 because the content regarding special needs rate application process pertains to this section more than the scholarship rates section. The information specific to rates only remains in Section 1-4.
Section 1-5 - Overview – Best Beginnings Child Care Scholarships – Child Care Sliding Fee Scale
This manual section is being revised to update the effective date of the Child Care Sliding Fee Scale which is based on the 2009 Federal Poverty Guideline from July 1, 2007 to October 1, 2010. Although the poverty guidelines have not changed from the 2009 levels, the Child Care Sliding Fee Scales were updated to reflect the expiration of 29% reduction in copayments which had been subsidized by ARRA funds which expired beginning October 1, 2010. In addition, language has been added to clarify that the state uses the federal poverty level to determine the minimum monthly copayment. No other revisions have been made to this section.
The fiscal impact is that family's copayment increased due to a loss of subsidized ARRA funds. Currently, funding is at $720,000/year or approximately $60,000/month. This level has remained the same since June, 2009. The department determined the use of ARRA funding to support temporary reduction in copayment obligations for families, full copayment obligations have been restored.
Section 1-6 - Overview – Best Beginnings Child Care Scholarships – Child Eligibility - Overview
This manual section is being revised to reflect clarifications to the U.S. Citizenship or Naturalization requirements related to child eligibility for child care assistance. A child receiving assistance must be a U.S. citizen, national, or qualified alien. Verification methods of such requirements have been added as well as language from the Child Citizen Act of 2000. The Child Citizen Act of 2000 provided criteria to be used in qualifying a child born outside the U.S. to citizen parents or those adopted from abroad. Additional revisions in this section are for Montana residency documentation. A copy of a valid MT Driver's License or ID card with a current address or utility bill or lease agreement in the name of the applicant may also be used to determine Montana residency. U.S. citizenship requirements are directed by the Administration of Children and Families, Office of Child Care, administering the Child Care and Development Fund Block Grant.
In addition, clarifying language has been added which changes the age at which a child's eligibility changes to "the day before the child's ___ birthday". This more accurately reflects how the CCUBS database figures eligibility.
Section 1-7 - Overview – Best Beginnings Child Care Scholarships – Parent Eligibility - Overview
This manual section is being revised to reflect clarification to eligibility requirements for parents requesting child care assistance. Language added to the qualifications for participation include the requirement of cooperation with CSED or a court-approved parenting plan, and need to minimum work requirements. Policy currently included in this section pertaining to child support and parenting plans have been moved to Section 2-2a Non-TANF Child Care Eligibility – Child Support, and readers are directed to that section for information. A statement has also been added to clarify in this overview section that scholarship funds are not available for parents to care for their own children and parents may not concurrently care for each other's children to obtain a child care scholarship.
In addition, Tribal Families Dual Eligibility language has been added to this section to prevent duplication of services. Child Care Development Funds (CCDF) are available to tribal entities as well as states. To support coordination of the two programs and services, families must provide written documentation that they are not being served by their tribal CCDF program.
Clarification has been added to stipulations for disabled parents. If one parent in a two-parent household is disabled and unable to work, the other parent must meet the single parent work requirement. This removes any undue hardship on households with disabled parents. Other clarifications include replacing the term family or phrasing referring to families with the term or phrasing referring to child where applicable.
Section 1-8 - Overview – Best Beginnings Child Care Scholarships – Child Care Provider Eligibility
This manual section is being revised to reflect expansion of legally certified care category to facilitate parental choice of providers for care. The expansion includes the categories of step-grandparents or step-great-grandparents as relatives able to provide reimbursable child care. In addition, clarifying language has been added regarding which provider program types cannot be related to the child in their care. The language removes confusion as to which provider type can be related to the child in their care and what type of relationships are acceptable for receipt of scholarship payments.
Moreover, language has been added regarding provider use of electronic systems requiring providers to have a policy in place that will protect records from being altered without parental knowledge or consent. This language allows for protection from potential fraudulent practice of document altering by providers of those records pertaining to when children were in care. Additional language was added to protect the identity of families receiving scholarship assistance without drawing attention to their "status". Clarification has been made to language around documentation of provider rights and responsibilities which stipulates that CCR&R agencies must maintain a signed copy of that document for each provider serving a scholarship family. This provision ensures that providers understand the scholarship programs and their role in it. The department will assume the responsibility for mailing revised copies of that document if it is altered by policy revisions.
Furthermore, at the request of the Quality Assurance Division Licensing Bureau, language pertaining to political boundaries and child care facilities was changed. Memorandums of Understanding are currently under review/revision resulting in specific references to tribal entities being removed.
References to other pertinent sections of the manual have been added to this section. This will assist CCR&R eligibility specialists, families, and providers in locating application information within the manual.
Section 1-9 - Overview – Best Beginnings Child Care Scholarships – Confidentiality
This manual section is being revised to reflect the removal of language regarding provider grants which have been eliminated by the department. Funding used for these grants is now being used to fund the Best Beginnings Stars to Quality field test.
Section 1-10 - Overview – Best Beginnings Child Care Scholarships – Timely Notices and Termination
This manual section is being revised to reflect an increase in the number of calendar days for notice of changes that might have an adverse affect. Potentially, if the notice is mailed on a Friday, the ten days could include two weekends and could include a holiday. The ten days effectively becomes a 5-day notice. This does not meet the intent behind the notice, which is to enable families an additional opportunity to comply with program requirements prior to termination. Therefore, in order reduce possible undue hardship on families and support their attempts to remain eligible for child care assistance, the revision will increase the current 10-day notice to 15 calendar days. In addition, wording has been expanded to clarify the number of days that providers will receive payment as a result of the 15-calendar-day expansion of the timely notice. In order to keep the fiscal impact neutral in this case, providers will only received payment for days already authorized as part of this timely notice period.
In addition, language was added to the subsection, "Termination for Providers," to give an additional reason for termination, reduction, or denial of scholarships to include that a parent may choose to end child care with one provider and begin with another. This was previously omitted from the list, but is a frequent reason for terminating a child care scholarship with a particular provider.
Section 1-11 - Overview – Best Beginnings Child Care Scholarships – Fair Hearing Process
This manual section is being revised to clarify language regarding which Early Childhood Services Bureau staff will be conducting Administrative Reviews. Currently, a specific position is identified with the responsibility for Administrative Reviews. Revising the position to bureau staff in general allows for assignment based on availability of staff and allows for cross training, making more staff available to conduct reviews.
Section 2-1 - Non-TANF Child Care Eligibility – Application Process
This manual section is being revised to allow for changes in the process for families to apply for child care assistance. Revisions include the occasional word or phrase that is added to strengthen the current meaning. Major revisions are as follows: 1. Language is added to clarify who may apply for scholarship assistance and replaces language that didn't include the phrase "authorized representative". 2. An application packet has been created to better facilitate case reviews associated with the error reporting process enacted by the Bureau to meet federal guidelines. One goal is to reduce the number of errors made by eligibility specialists in determining income eligibility. The packet removes pages from the original application and uses them to create stand-alone documents required as part of the packet. Specific wording has been added to clearly explain the requirement for each individual document in the packet.
The original application format contained information regarding provider selection, employment information, child support documentation, and school/training and release of information all in one form. This created a challenge for case file reviews associated with the error reporting process because information was also recorded on individual Work/School Training Verification forms, Child Care Service Plan indicating provider selection, and child support information. The challenge stemmed from which format case-file reviewers should accept as complete and therefore not issue errors for incomplete or missing information. Separating forms allows for more accurate case-file review.
Furthermore, language has been added to ensure that completed application documents will be reviewed with three days of submission as part of the timely processing policy. Families benefit when applications are reviewed in a timely fashion to ensure that all information has been submitted to facilitate faster determinations of eligibility, especially as it related to presumptive eligibility which allows parents to receive 30 calendar days of child care while applications are being processed.
Finally, the recertification policy has been moved to the newly created policy section 2-7 and manual users are directed to Section 2-2a for information on Child Support. In an effort to streamline policy information as it relates to the recertification process, all aspects in policy related to recertification have been gathered together into a newly created section. Users experience less frustration when guidance is provided to direct users to sections where prior information has been relocated.
Section 2-2 - Non-TANF Child Care Eligibility – Household Requirements
This manual section is being revised to include the occasional word or phrase that is added to strengthen the current meaning or deleted as misleading as to intent. Household membership has been revised to better identify kinds of members as well as parameters around which optional members can be added or deleted. Household membership as influenced by common law marriage has been added. Elements in these areas of the section have been added to correspond to language found in TANF policy. Language has been added to strengthen verification of visitation schedules as they relate to shared custody arrangement between parents and household requirements for child care assistance.
Section 2-2a - Non-TANF Child Care Eligibility – Child Support
This manual section is being revised to include the occasional word or phrase that is added to strengthen the current meaning or deleted as misleading as to intent. For example, the word "substantiate" is replaced with the word "support" to describe evidence provided in relation to a good-cause claim. The term substantiate where used elsewhere in policy carries with it a negative connotation and seems less indicative of the implied intent in this section of policy. Also, the term "worker" had been replaced with "specialist" when referring the CCR&R staff who assist with determining eligibility for families seeking assistance with child care.
Section 2-3 - Non-TANF Child Care – Non-TANF Activity Requirements
This manual section is being revised to include the occasional word or phrase that is added to strengthen the current meaning or deleted as misleading as to intent. In addition, language has been added to explain limitations to the Best Beginnings Scholarship. These limitations include the ineligibility to use child care assistance for respite care that isn't provided for under CPS care and the limits to reciprocal care. In addition, parents may not provide reciprocal care for the sole purpose of meeting work program requirements. Work schedules must clearly demonstrate that they complement each other's need for care. This wording was moved from Section 2-1 to this section because the content falls within activity requirements better than the application process section. Finally, language was added to clarify that in a two parent household, if one parent is disabled and unable to work, the remaining parent must meet the single parent work requirement. This actually reduces the activity hours from 120 hours in a month to 60 so to avoid undue hardship of these families.
Section 2-4 - Non-TANF Child Care – Household Income
This manual section is being revised to include the occasional word or phrase that is added to strengthen the current meaning or deleted as misleading as to intent. For example, the term "monthly" was added to the phrase "gross income". In addition, language has been added to identify the use of unearned income as part of determining eligibility. Current information is vague as to when unearned income is counted. The types of unearned income are expanded for additional clarification of unearned income. Furthermore, all self-employment policy language has been moved to section 2-4a. Irregular and seasonal income language has been added to this section. These are income types that are encountered in determining income of eligibility of families and have been added to provide guidance to eligibility specialists.
In addition, language pertaining to self-employed families has been moved from this section to a newly created section: Section 2-4a. This change was made to explain clearly in a single section all issues, processes and procedures concerning self-employment income.
Section 2-4a - Non-TANF Child Care – Household Income - Self-employment
This manual provision is being created to explain clearly in a single section all issues, processes, and procedures concerning self-employment income. Information in this subsection was taken from Section 2-4 and Section 2-5. Language additions include guidance on verification of self-employed status, earned and unearned income as they related directly to self-employed individuals, types of self-employment businesses, and the requirement of employment activity to the federal minimum wage.
Net income when divided by child care hours requested must equal the current federal minimum wage. Several states, including Minnesota, Indiana, Illinois, and Vermont have adopted this method of ensuring that self employed individuals requesting assistance with child care costs are making minimum wage. One major challenge for families that are self-employed is that their net income typically equates to an hourly wage far below minimum wage. Because activity hours are self reported, even though they may spend long hours working their business, their income does not equate to earning a living wage. Self-employment will fully satisfy the activity test if the person is working at least their required number of hours, and the taxable income of the business provides the equivalent of the National Minimum Wage rate for the minimum required hours. To be fair and equitable to all families seeking child care assistance, the formula used for determining that minimum wage is being met by self-employed individuals will assist eligibility specialists in consistent and eligibility determination. This policy decision was also a result of a recommendation from the Montana Early Childhood Advisory Council Program Policy Committee.
The department does anticipate adverse affect to some families who are determined to be self-employed but do not make a positive net income equal to minimum wage. Review of every self-employment case is necessary to understand how many families this change will affect. The policy will go into affect with their next recertification process. For ease of transition, an adjustment period will be utilized; no changes will be made in the middle of a current eligibility period. The department anticipates fiscal impact associated with this change as a result of requiring positive net income, but not negative impact.
Section 2-5 - Non-TANF Child Care – Prospective Income
This manual provision is being made to simplify income determination methods. Prior language was lengthy and at times confusing regarding prospecting income. A determination of what the family's earnings should be in future months in order to determine if a family is eligible to receive scholarship assistance is based on prior earnings. In the event that a family is determined eligible, the prospected income is also used to determine the family's copayment. Four different types of income-determining methods are represented in two tables: one use income payment method and a corresponding formula to arrive at a monthly income figure and a second to provide steps to calculate the average gross monthly income. Finally, this section also provides direction on how to calculate income for irregular and seasonal earnings.
Section 2-6 - Non-TANF Child Care – Income Table
Except for the occasional revision to include a word or phrase that is added to strengthen the current meaning or deleted as misleading as to intent or its inclusion in the lists of specific words at the beginning of this document, there are no other changes to this section.
Section 2-7 - Non-TANF Child Care Eligibility – Recertification
This manual provision is being created to explain clearly in a single section all issues, processes, and procedures concerning the recertification process. Information in this subsection was taken from throughout the policy manual in an effort to explain clearly in a single section all issues, processes, and procedures concerning recertification. In addition, revisions to this manual section include the occasional word or phrase that is added to strengthen the current meaning or deleted as misleading as to intent. Terms needing clarification include certification, eligibility, and application.
Section 3-1 - Child Care for TANF Participants – OPA, WoRC & CCR&R Coordination
This manual revision is being updated to remove definitions of terms that are already in Section 1-3 Definitions. Users are directed to Section 3-1 for information. There are no other changes to this section.
Section 3-2 - Child Care for TANF Participants – Tribal TANF
This manual revision is being updated to remove definitions of terms that are already in Section 1-3 Definitions. Users are directed to Section 3-1 for information. There are no other changes to this section.
Section 4-1 - Child Protective Services Child Care under the Best Beginnings Scholarship Program – CFSD & CCR&R Coordination
This manual revision is being updated to add language directing users to Section 1-4a for additional information for a child with special needs. There are no other changes to this section.
Section 4-2 - Tribal IV-E Child Protective Services Child Care – CFSD & CCR&R Coordination
This manual revision is being updated to add language directing users to Section 1-4a for additional information for a child with special needs. There are no other changes to this section.
Section 6-1 - Serving the Family – Child Care Referrals
This manual revision is being updated to reflect the centralization of referral services in the state for families needing child care services. In addition, revisions to this manual section include the occasional word or phrase that is added to strengthen the current meaning or deleted as misleading as to intent. Language pertaining to the CCR&R Network office, its functions, and contact information has been deleted. The Network office, staff, and functions no longer exist as a separate entity. The language regarding geographic areas for CCR&R referrals has also been deleted. Centralization of the referrals has rendered that language obsolete.
After conducting a functional cost analysis of CCR&R services in the state and as a result of budget reduction requirements, the department determined that centralization of certain services was more cost effective. Revisions to language reflect that reasoning.
The department anticipates adverse effects on local Child Care Resource & Referral Agencies as services have been moved to a centralized source for cost effectiveness, which causes local agencies to have reduced funding for service delivery. The department anticipates a positive fiscal impact associated with this change as a result of centralization.
Section 6-2 - Serving the Family – Legally Certified Providers
This manual revision is being updated to reflect the centralization of both legally certified providers [LCP] and legally certified in-home providers [LCI]. In-home relative care has been expanded to include step-grandparents and step-great-grandparents. This is in an effort to increase parental choice for provider of child care services. In addition, procedures regarding background checks for Montana criminal, child protective services, FBI, and Western Identification Network have been deleted from this section and added to the ESCB Procedure and Resource Manual for eligibility specialists. Summary language regarding these procedures has been added. In addition, revisions to this manual section include the occasional word or phrase that is added to strengthen the current meaning or deleted as misleading as to intent.
In an effort to streamline the LCP/LCI application process, certifications will be granted for a one-year period. This will allow this type of provider to be categorized as inactive should the family they provide care for quit or become ineligible rather than terminating the provider. LCP/LCI providers still have to reapply annually to renew their certification as long as they continue to provide care for an eligible family.
LCP/LCI applicants must attend a provider orientation within 60 calendar days of application. Language has been added to this section outlining the specific content of this orientation as provided by CCR&R agencies. In addition, language is added to require CCR&R staff to offer the opportunity of attending orientation to LCPs/LCIs while they wait for background checks to be completed. This has been practiced by some CCR&R agencies but not others – revision now makes the requirement statewide.
Section 6-2a - Serving the Family – Legally Certified Providers Medication Administration
This manual revision is being updated to reflect changes to the occasional word or phrase that is added to strengthen the current meaning or deleted as misleading as to intent. No other revisions have been made to this section.
Section 6-3 - Serving the Family – Issuing the Child Care Certification Plan
This manual revision is being updated to reflect changes to the occasional word or phrase that is added to strengthen the current meaning or deleted as misleading as to intent. In conjunction with error reporting by federal guideline, language has been added regarding the use of travel time as part of child care assistance coverage for working families. This addition should reduce the number errors that relate to authorization of hours of care discovered during error reporting file review. Furthermore, notification of provider changes was expanded for clarification of the process. It requires parents to demonstrate that notification was made.
Section 6-4 - Serving the Family – Copayment Requirements
This manual revision is being updated to reflect changes to the occasional word or phrase that is added to strengthen the current meaning or deleted as misleading as to intent. No other revisions have been made to this section.
Section 6-5 - Serving the Family – Change Reporting
This manual revision is being updated to reflect changes to the occasional word or phrase that is added to strengthen the current meaning or deleted as misleading as to intent. No other revisions have been made to this section.
Section 6-6 - Serving the Family – Absent Day Policies – Maintaining the Continuity of Care
This manual revision is being updated to reflect changes to the occasional word or phrase that is added to strengthen the current meaning or deleted as misleading as to intent. No other revisions have been made to this section.
Section 6-7 - Serving the Family – Invoice & Payment Processes
This manual revision is being updated to reflect the increase in the number of calendar days for notice to parents and providers of changes that might have an adverse affect. Potentially, if the notice is mailed on a Friday, the ten days could include two weekends and could include a holiday. The ten days effectively becomes a 5-day notice. This does not meet the intent behind the notice, which is to enable families an additional opportunity to comply with program requirements prior to termination. Therefore, in order reduce possible undue hardship on families and support their attempts to remain eligible for child care assistance, the revision will increase the current 10-day notice to 15 calendar days.
In addition, wording has been expanded to clarify direct deposit information as it relates to batch payments and warrants. It also includes the removal of online invoice processing which has not yet been developed. Once completed, revisions to policy will be made. Also, changes to the occasional word or phrase that is added to strengthen the current meaning or deleted as misleading as to intent are included.
Section 6-8 - Serving the Family – Auditing and Investigations
This manual revision is being updated to reflect changes to the occasional word or phrase that is added to strengthen the current meaning or deleted as misleading as to intent. Procedural language has been moved to the ESCB Procedure and Resource Manual. All language pertaining to the use of the Internet to submit invoices has been deleted. This process has not yet been developed for use by providers.
Section 6-9 - Corrections and Overpayments
This manual revision is being updated to reflect clarification of language pertaining to intentional program violations. Several steps are involved in the assessment of penalties related to willful actions that result in intentional program violations. When overpayments result, cases are closed and put in pending closure status to allow for data entry of payments. In addition, changes to the occasional word or phrase that is added to strengthen the current meaning or deleted as misleading as to intent are part of revisions in this section.
Section 7-1 - Best Beginnings Quality Child Care Initiatives – Best Beginnings Star to Quality Program
This manual revision is being updated to reflect the implementation of a field test study for the Best Beginnings STARS to Quality Program and replaces the previous Star Quality program. The new program is a voluntary 5-star quality rating improvement system using a research-based matrix to improve the quality of care in early childhood care and education settings in the state. Components of the system include workforce development, the Quality Rating Improvement System [QRIS], and the infrastructure to administer the program. Language includes the site selection criteria for programs receiving incentives as well as those nonincentive programs. All language pertaining to the old Star program has been deleted. Once the field test is completed, opportunities to expand the program statewide will be considered.
The department anticipates adverse affect to providers who were participating under the old Star Quality program and did not apply or were not randomly selected for the revised Best Beginnings STARS to Quality Program. It is estimated that 26 programs who are not participating in the field test will not receive $70,000 in SFY 2011 as a result of this transition.
Section 7-2 - Best Beginnings Quality Child Care Initiatives – Career Development
This manual revision is being updated to reflect changes to this policy as it related to the administration of early childhood career development by the Early Childhood Project at Montana State University in collaboration with state partners. In addition, the training directory and approval system language has been replaced by new processes implemented by the Early Childhood Project [ECP]. Online training records language has been updated to reflect new database developments at the ECP including the addition of a Professional Development Specialist Directory. Also, the occasional word or phrase is added to strengthen the current meaning or deleted as misleading as to intent.
Section 7-3a - Best Beginnings Quality Child Care Initiatives – Infant Toddler Certification
This manual revision is being updated to reflect changes to the occasional word or phrase that is added to strengthen the current meaning or deleted as misleading as to intent. No other revisions have been made to this section.
Section 7-3b - Best Beginnings Quality Child Care Initiatives – Preschool Certification
This section used to be titled Infant Toddler Mini Grant. The Infant Toddler Mini Grant Program is now addressed as part of the mini grant program in section 7-4A.
In place of the mini grant language, this section is now titled Preschool Certification. As part of the training development and the Best Beginnings STARS to Quality Field Test, a certified preschool course has been created to address knowledge, skills, and abilities needed for teachers working with preschool age children. The course is 60 hours and generally administered through the Child Care Resource & Referral agencies; however, in some instances, the state can contract with individuals for offering the preschool course. The policy design of the certified preschool course mirrors Infant Toddler Certification but for a different age group.
The department does not anticipate any adverse affect and fiscal impact is associated with this change in the amount of approximately $70,000 for purposes of offering Professional Development Incentive Awards tied to the preschool course.
Section 7-3c - Best Beginnings Quality Child Care Initiatives – Certified Infant Toddler Caregiver Stipend
This manual revision is being updated to reflect changes that clarify who may apply for these stipends. Specifically, language is added giving priority for stipend award to those participating in the Best Beginnings STARS to Quality field test. Priority has been established because the state has chosen to field test this STARS to Quality Program with established quadrants for participation across the state and the Infant Toddler Caregiver Stipend supports continuity of care when serving infants and toddlers, criteria in the Best Beginnings STARS to Quality Program. In addition, changes to the occasional word or phrase are added to strengthen the current meaning or deleted as misleading as to intent.
Section 7-4a - Best Beginnings Quality Initiatives – Mini Grants
This manual revision is being updated to reflect changes to how this program is administered. These grants will be administered through the 11 Child Care Resource & Referral across the state. Administration may vary across the CCR&R agencies with respect to who may apply, how to apply, and application timelines. Submission language for the names of recipients to ECSB for payment of the awards has been added. In addition, changes to the occasional word or phrase are added to strengthen the current meaning or deleted as misleading as to intent.
Section 7-5a - Best Beginnings Quality Child Care Initiatives – Professional Development Incentive Awards
This manual revision is being updated to reflect language and program changes from Merit Pay to Professional Development Incentive Awards (PDIA). These PDIA awards will be administered by Montana's Professional Development contract - The Early Childhood Project at MSU-Bozeman. Contracts will be generated and payments will be made by ECSB. Eligibility, application process, priority, and proof of training language has all been deleted along with procedural information.
Section 7-5b - Best Beginnings Quality Child Care Initiatives – Higher Education Merit Pay
The language in this section is consolidated and addressed in Section 7-5a as a result of professional development incentive awards in relation to workforce supports for the Best Beginnings STARS to Quality Program. This section is now reserved.
Section 7-6 - Best Beginnings Quality Initiatives – Provider Training
This manual revision is being updated to reflect changes to clarify requirements for basic child care orientation. Orientation for licensed and registered providers in the state differs in content for that required by LCP/LCI providers which is outlined in section 6-2. In addition, changes to the occasional word or phrase are added to strengthen the current meaning or deleted as misleading as to intent.
Section 8-1 - Index
This manual section has been added to improve use by providers, eligibility specialists, and ECSB staff. The index isn't intended to be exhaustive. The department does not anticipate any adverse affect or any fiscal impact associated with this change.
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: Gwen Knight, 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 dphhslegal@mt.gov, and must be received no later than 5:00 p.m., January 21, 2011.
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 5 above or may be made by completing a request form at any rules hearing held by the department.
8. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register. The Secretary of State strives to make the electronic copy of the notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered. In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.
9. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.
/s/ Lisa Swanson /s/ Anna Whiting Sorrell Rule Reviewer Anna Whiting Sorrell, Director Public Health and Human Services
Certified to the Secretary of State December 13, 2010. |
A directory of state agencies is available online at http://www.mt.gov/govt/agencylisting.asp.
For questions about the organization of the ARM or this web site, contact sosarm@mt.gov.
