218-RICR-20-00-4
218-RICR-20-00-4. Child Care Assistance Program Rules and Regulations (version Amendment, 03/25/2019 to 06/19/2019)
4.1 General Provisions
4.1.1 Introduction
A. The Rhode Island Department
of Human Services (DHS) recognizes the importance of access to
affordable child care for families making the transition from
economic assistance to economic self-sufficiency as critical to
promote safety, permanency and well-being for Rhode Island children.
1. The Starting RIght Child
Care Assistance Program (CCAP), adopted in 1998, ensures access to
affordable, developmentally appropriate, early childhood education
and support services for young children and their families. CCAPs
focus is on three crucial supports:
a. providing low to
moderate-income families with the financial resources to find and
afford quality child care for their children;
b. promoting a stable,
regulated, well-qualified provider community; and
c. implementing quality
initiatives to enhance the quality of child care in Rhode Island.
4.1.2 Authority
and Purpose
A. R.I. Gen. Law § 42-12-23
designates the Department of Human Services (DHS) as the principal
agency of the State responsible for the planning and coordination of
state involvement in the area of child care, including responsibility
for State programs subsidizing child care services provided to
families receiving benefits from the Rhode Island Works Program (RIW)
and too low to moderate-income eligible working families.
B. Accessible, affordable high
quality child care benefits a strong RI economy by supporting today’s
workers and providing children, our future workforce, a strong
foundation for learning. The Child Care Assistance Program (CCAP)
maintains its efforts to transform the State's child care subsidy
programs to fulfill the comprehensive goals of Starting Right.
Accordingly, the purpose of the Child Care Assistance Program is to:
1. Create an integrated system
of child care assistance programs that ensures the seamless delivery
of services to eligible children through age twelve (12) or through
age eighteen (18) if disabled, or those children turning 13 during
the 12 month certification period;
2. Ensure families have access
to high quality child care and can focus on their own work with
confidence without worrying about the safety of their children;
3. Assist families in
obtaining child care assistance by standardizing the CCAP eligibility
requirements, streamlining enrollment and payment procedures, and
expanding the range of child care providers approved to participate
in the program;
4. Ensure that all children
participating in the CCAP receive safe, developmentally appropriate,
quality child care;
5. Facilitate the development
of a network of child care facilities and skilled and stable care
givers/providers capable of delivering early education and enhanced
child care services to support young children from income eligible
families; and
6. Respond to the diverse
needs of children and families by supporting the development of a
diverse array of high quality and affordable program models and
services.
4.2 Definitions
A. For the purposes of this
administrative rule, the following definitions apply unless otherwise
noted:
1. “Allowable child care
expense” means the total cost of CCAP authorized child care
services paid by DHS to an approved provider, after deducting the
amount the family is required to pay the provider as its share of the
cost (or family share) for authorized services.
2. “Applicant child(ren)”
means the dependent child(ren) in the financial unit for whom CCAP
authorized child care services are being requested.
3. “Application date”
means the date that a signed application for CCAP is stamped as
received by a DHS office.
4. “Approved child care
provider” means an individual or program that:
a. has met the requirements
established by the Department of Human Services to participate in the
CCAP; and
b. entered into a signed and
valid agreement with the DHS specifying the terms and conditions for
enrolling eligible children and receiving payment for CCAP allowable
child care expenses.
5. “Authorized child care
services” means the child care a CCAP eligible child is approved to
use in a given time period based on the department's assessment of
the family's need for services. CCAP authorized child care is
categorized as full-time (FT), three-quarter time (3QT), half-time
(HT), or quarter-time (QT).
6. “Basic education program”
or “BEP” means the overarching set of regulations for the Rhode
Island public education system.
7. “Categorically eligible”
means that eligibility for the CCAP has been conferred, by either
State law or DHS policy, based on receipt of, or participation in, a
particular public benefit/program. Both RIW cash assistance
recipients and Youth Services program participants receiving RIW cash
assistance are categorically eligible for the CCAP if they have met
all other general requirements and established a need for services.
8. “CCAP approved provider
agreement” or “APA” means the agreement that all CCAP approved
providers must sign with DHS that establishes the respective
responsibilities and obligations of both the Department and the
provider.
9. “CCAP approved provider
introductory training” means the introductory training session(s)
about the CCAP, conducted by the Office of Child Care (OCC) and that
approved providers must complete in order to receive DHS
reimbursement of allowable child care expenses.
10. “CCAP approved provider
rate report” or “APRR” means the report that providers must
complete and submit to the OCC to gain or maintain approved provider
status. The APRR requires providers to specify the actual rate they
charge for child care services rendered to non-CCAP subsidized
families. As part of this report, providers are also required to
submit their published rate schedule for all payers other than
DHS/CCAP. The APA shall include the Approved Provider Rate Report
(APRR) and this report will be incorporated into the agreement.
11. “CCAP automated
enrollment system” means the DHS system through which an approved
provider shall enroll eligible children.
12. “Center-based child care
program” means a facility operated on a regular basis which
receives children, not of common parentage, and provides
non-residential care in a location separate from the children's
parents during the day. Rhode Island General Law (RIGL) requires
center based child care programs to obtain licensure through the
Department of Children, Youth and Families.
13. “Central provider
directory” means the information source maintained by the
department about all the child care providers in the State that have
met the requirements to be approved to participate in the CCAP and
receive payment for authorized child care expenses.
14. “Certification period”
means the actual period of time that an eligible child may obtain
CCAP authorized child care services. A certification period shall not
exceed be less than twelve (12) months in duration.
15. “Child Care Assistance
Program” or “CCAP” means the program administered by the Rhode
Island Department of Human Services that provides financial
assistance for authorized child care services rendered to eligible
children, and families where the parent(s) is participating in an
approved education or training program, by approved child care
providers. The CCAP consolidates DHS child care subsidy programs for
RIW recipients, income eligible working families (formerly known as
the Low Income Child Care Program), teens participating in the Youth
Services (formerly known as the Youth Success Program), and short
term special approval child care.
16. “Child Development
Associate Credential” or “CDA” means a credential awarded by
the Council for Professional Recognition to certain individuals
working in child care settings who demonstrate proficiency in
specific competency standards.
17. “Classroom Assessment
Scoring System” or “CLASS” means an observational tool that
measures the quality of teacher-child interactions.
18. “Comprehensive Early
Childhood Education” means a program for preschool aged children
approved by RIDE, formerly known as Nursery School.
19. “Department of Children,
Youth and Families” or “DCYF” means the Rhode Island State
agency with statutory responsibility for licensing and regulating
child care providers. DCYF licenses child care centers, group family
child care homes and family child care homes.
20. “Department of Human
Services” or “DHS” or “Department” means the Rhode Island
State agency that administers financial, medical, social and
rehabilitation programs and services, and approves licensed and
license exempt child care providers to participation in the DHS Child
Care Assistance Program (CCAP) and receive payment for authorized
child care expenses.
21. “Dependent child”
means any child who is under the age of thirteen (13) years, or who
turns thirteen (13) years during the 12 month certification period,
or who is under the age of nineteen (19) if they have a documented
disability, and are of an acceptable degree of relationship for
purposes of CCAP, is an eligible child.
22. “DHS authorized payment
rate for providers” means the rate that DHS CCAP pays approved
providers for CCAP authorized child care services. The DHS authorized
payment rate for each provider is either the actual rate the provider
charges for child care services as reported in the APRR or the DHS
CCAP Established Payment Rate for each rate category, whichever is
lower.
23. “DHS CCAP established
payment rate” means the maximum rate that DHS CCAP will pay
approved providers for authorized child care services in each rate
category. This maximum rate is established based on the results of a
biennial Market Rate Survey as defined in R.I. Gen. Laws § 40-6.2-
1.1.
24. “DHS Code of
Administrative Rules and Regulations” or “DHS Code” means the
compendium of rules and policies governing the programs administered
by the department. The DHS Code was formerly referred to as the DHS
Policy Manual.
25. “Early Childhood
Environment Rating Scale, Revised” or “ECERS-R” means a
research-based assessment tool that measures environmental indicators
of quality in preschool classrooms with children ages 2.5-5 years of
age.
26. “Eligible child” means
a dependent child that meets the requirements to receive authorized
child care services from a CCAP approved child care provider. A
foster child who is eligible for child care services provided through
the Rhode Island Department of Children, Youth and Families (DCYF)
shall not be deemed an eligible child for the purposes of the CCAP.
27. “Environmental Rating
Scale” or “ERS-R” means the assessment tools developed at the
Frank Porter Graham Child Development Center of the University of
North Carolina at Chapel Hill that measure environmental indicators
of quality. They include the Infant Toddler Environment Rating
Scale-Revised (ITERS-R) and the Early Childhood Environment Rating
Scale-Revised (ECERS-R), as well as the School Age Care Environment
Rating Scale (SACERS) for school age programs, and the Family Child
Care Environment Rating Scale-Revised (FCCERS-R) for family child
care homes.
28. “Excluded income”
means certain money, goods or services that are not considered
countable for the purposes of determining whether a family meets the
requirements for CCAP income eligibility. Excluded income includes,
but is not limited to, the following:
a. The value of U.S.
Department of Agriculture donated foods;
b. Any payment received under
Title II of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970;
c. The value of certain
assistance provided to undergraduate students Including: any grant or
loan for an undergraduate student for educational purposes made or
insured under any loan program administered by the U.S. Commissioner
of Education (or the Rhode Island board of governors for higher
education or the Rhode Island higher educational assistance
authority);
d. Payments distributed per
capita to, or held in trust for, members of any Indian tribe under
Public Law 92-254, Public Law 93-134 or Public Law 94-540;
e. Any benefits received under
Title VII, Nutrition Program for the Elderly, of the Older Americans
Act of 1965, as amended;
f. Payments for supportive
services or reimbursement of out-of-pocket expenses made to
individual volunteers serving as foster grandparents, senior health
aides or senior companions, and to persons serving in the Service
Corps of Retired Executives (SCORE) and Active Corps of Executives
(ACE) and any other program under Title II and Title III of the
Domestic Volunteer Service Act of 1973;
g. The value of supplemental
food assistance received under the Child Nutrition Act of 1966, as
amended, and the special food service program for children under the
National School Fund Act, as amended, (Public Law 92-433 and Public
Law 93-150);
h. Payments of Experimental
Housing Allowance Program made under Annual Contributions Contracts
entered into prior to January 1, 1975, under Section 23 of the U.S.
Housing Act of 1937, as amended;
i. Receipts distributed to
members of certain Indian tribes which are referred to in Section 5
of Public Law 94-114 that became effective October 17, 1975;
j. Tax exempt portions of
payments made pursuant to the Alaska Native Claims Settlement Act,
Public Law 93-203;
k. Foster care payments made
by the Rhode Island Department for Children, Youth and Families (when
the child is not included in the assistance unit);
l. The value of food
assistance benefits;
m. The value of government
rent or housing subsidies;
n. Home energy assistance
funded by the State or Federal government or from non-profit
organizations;
o. Income from college work
study programs;
p. The earned income of a
dependent child who is included in the financial unit;
q. Stipends, earned income,
and reimbursements paid through the Federal Workforce Investment Act
and through the Workforce Innovations Opportunity Act (WIOA);
r. In accordance with PL
100-485, the refund of taxes under the earned income tax credit
(EITC), or the advance payment of the EITC;
s. Loans and grants, such as
scholarships, obtained and used under conditions that preclude their
use for current living costs;
t. Monies received under the
federal Social Security Persons Achieving Self-Sufficiency (PASS)
program or the Income Related Work Expenses (IRWE) program;
u. The income of the parents
with whom a teen parent(s) resides;
v. Section 8 Utility Payment;
w. Veterans Aid and Attendant
Allowances;
x. Payments to volunteers
under Americorps/ VISTA (payments to volunteers under Americorps are
NOT excluded).
29. “Family child care home”
means a child care program located in the provider's home residence
in which child care services may be offered at the same time to four
(4) or more children unrelated to the child care provider, up to
eight (8).
a. Family child care home
shall not mean a private residence used for an informal cooperative
arrangement among neighbors or relatives, or the occasional care of
children with or without compensation.
b. R.I. Gen. Laws § 42-72.1-4
requires family child care home providers to obtain a license from
DCYF.
30. “Family child care
environment rating scale-Revised” or “FCCERS-R” means a
research-based assessment tool that measures environmental indicators
of quality in programs conducted in a providers own home for children
from infancy through school age.
31. “Family share” means
the amount a family is expected to contribute in co-payments to the
cost of child care services.
32. “Financial unit” means
the dependent children, including both applicant and non-applicant
child(ren), and the parent(s) and the legal spouse(s) of the
parent(s) who live with them in the same household. The financial
unit may also include applicant children that DHS has determined,
upon verification, to be a relative of acceptable degree to the
parent(s) requesting CCAP authorized services. The financial unit
determines family size for the purposes of determining income.
33. “Group family child care
home” means a child care program located in the provider's home
residence in which child care services may be offered at the same
time for up to nine (9), but no more than twelve (12) children
unrelated to the child care provider.
a. R.I. Gen. Laws Chapter
42-72.1 requires group family child care home providers to obtain
licensure from DCYF.
34. “Head Start performance
standards” means the standards determined by the Administration for
Children and Families (ACF) to define the services that Head Start
and Early Head Start programs are required to provide to the children
and families that they serve. The standards constitute the
expectations and requirements that Head Start grantees must meet.
35. “Homeless individuals”
means individuals who:
a. lack a fixed, regular and
adequate nighttime residence;
b. are sharing the housing of
other persons due to loss of housing, economic hardship, or a similar
reason;
c. are living in motels,
hotels, trailer parks, or camping grounds due to the lack of
alternative accommodations;
d. are living in emergency or
transitional shelters; have a primary nighttime residence that is a
public or private place not designed for or ordinarily used as a
regular sleeping accommodation for human being; are living in cars,
parks, public spaces, abandoned buildings, substandard housing, bus
or train stations, or similar setting.
36. “Income” means any
money, goods or services available to the financial unit used to
calculate eligibility for the CCAP. For the purposes of the CCAP,
countable income includes, but is not limited to, any of the
following:
a. Monetary compensation for
services, including gross wages, salary, commissions, and any
work-based fees, stipends, tips or bonuses;
b. Adjusted gross income from
self-employment;
c. Social Security Benefits -
Retirement, Survivors and Disability Insurance (RSDI);
d. Supplemental Security
Income (SSI);
e. Dividends or interest on
savings or bonds;
f. Income from estates or
trusts;
g. Adjusted Gross Rental
Income;
h. Adjusted Gross Room and
Board Income;
i. Public assistance or RIW
cash assistance payments;
j. Unemployment Compensation;
k. Temporary Disability
Insurance (TDI);
l. Workers' Compensation;
m. Government civilian
employee or military retirement, Private pensions or annuities;
n. Cash payouts for waiving
employer sponsored health insurance;
o. Adoption subsidies;
p. Alimony;
q. Child support payments;
r. Regular contributions from
persons not living in the household;
s. Royalties;
t. Strike Benefits;
u. Trade Readjustment
Allowance;
v. VA Compensation Payments,
VA Educational Benefits, Spousal/Dependent Allowances and Military
Allotments;
w. Payments to volunteers
under Americorps (payments to volunteers under Americorps/VISTA are
excluded);
x. Foster care payments made
by the Rhode Island Department of Children, Youth and Families (when
the child is included in the assistance unit);
y. In-Kind Assistance;
z. Non-citizen Sponsor Income
(includes income of the sponsor and sponsor's spouse), refer to the
Rhode Island Works Rules and Regulations regarding Deeming provisions
and Indigent Exceptions.
37. “Income eligible”
means CCAP eligibility is determined on the basis of income, for
applicants not receiving RIW cash assistance, within the limits
prescribed in State law, contingent upon meeting certain general
requirements and the need for services.
38. “Infant” means a child
from at least one (1) week up to, and inclusive of, eighteen (18)
months of age.
39. “Infant Toddler
environment rating scale-revised” or “ITERS-R” means a
research-based assessment tool that measures environmental indicators
of quality in preschool classrooms with children 0-2.5 years of age.
40. “Initial eligibility
date” or “Care start date” means the actual first date that
CCAP authorized child care services, rendered to an eligible child by
an approved provider, can be paid by DHS.
41. “Legal guardian” means
Judicially created relationship between the dependent child and
caregiver which is intended to be permanent and self-sustaining as
evidenced by the transfer to the caregiver of the following parental
rights with respect to the child: protection, education, care and
control of the person, custody of the person and decision-making.
42. “License exempt child
care provider” means any relative, friend or neighbor of a family
eligible for CCAP rendering child care in the home of the child or
the provider (not to exceed 3 unrelated or 6 related children), who
has been successfully screened by the DHS and determined eligible to
participate in the CCAP, must be listed in the CPD, and receive
payment for allowable child care expenses. License exempt providers
are not required under applicable State laws (R.I. Gen. Laws Chapter
42-72.1, et. seq. ) to obtain licensure from the Rhode Island
Department of Children, Youth and Families, but must meet the
capacity requirements. License Exempt providers are only approved in
CCAP as long as they have a CCAP pending or eligible child in their
care.
43. “Licensed child care
facility” means any facility that provides child care, including a
center-based program or family child care home, that is licensed by
the Rhode Island Department of Children, Youth and Families (DCYF).
The term includes facilities that have programs such as:
Comprehensive Early Childhood Education Program, preschool,
pre-kindergarten, Head Start, Early Head Start, child play school,
before or after school care, or child development center and applies
to the total child care operation, including the physical setting,
administration, staff, equipment, program, and care of children.
44. “Non-Applicant child”
means any dependent child living in the household up to age eighteen
(18), who is not included in the family's request for CCAP authorized
child care services.
45. “Office of child care”
means the unit within DHS responsible for administering the CCAP,
approving child care providers participating in the program, and
maintaining the CCAP Central Provider Directory.
46. “One-Parent home”
means a family in which there is only one parent living in the
household with financial responsibility for the eligible child(ren).
47. “Parent” means any
person in the household who is legally and financially responsible
for the routine care of the applicant child(ren) including, but not
limited to, providing income, resources or other forms of support.
a. A person seeking CCAP
authorized services for a dependent child is considered to be a
parent for CCAP eligibility purposes if so deemed for any other
Department of Human Services program(s).
b. The term parent is used
broadly in this rule to refer to biological, adoptive, or
stepparents, as well as legal guardians or caretaker relatives of an
acceptable degree as defined in the Rhode Island Works Rules and
Regulations
48. “Pre-School age child”
means a child from age three (3) up to entry into the first grade of
a public or private elementary school program. A child who will reach
age seven (7) on or after September 1st in a given school year shall
not be considered a pre-school age child under any circumstances.
49. “Quality Rating and
Improvement System” or “QRIS” means systemic approach to
assess, improve, and communicate the level of quality in early and
school-age care and education programs
50. “Relationship,
acceptable degree” means dependent child must be living with a
relative of acceptable degree of relationship in a home maintained by
such relative. The establishment of relationship is either
biologically, through marriage, or through legal guardianship.
a. When the relative with whom
the child lives is not the biological or adoptive parent, the term in
loco parentis (in place of the parent) is used.
b. Spouses of any of the
persons in the listed groups meet the relationship requirement and
continue to meet it even after the marriage is terminated by death or
divorce.
51. “Rhode Island Works
Program” or “RIW” means the Rhode Island State program
authorized by R.I. Gen. Laws Chapter 40-5.1 et. seq. , that
provides cash assistance and support to families who meet certain
requirements. RIW beneficiaries are categorically eligible for
fully-subsidized CCAP services if they meet the requirements
established in § 4.5 of this Part.
52 “RIW Unit” means the
operational arm of the Rhode Island Department of Human Services
responsible for determining whether categorically eligible RIW
beneficiaries, including those who are also YS participants, meet the
CCAP general and need for services requirements. The RIW Unit also
determines CCAP eligibility for families making the transition off
RIW cash assistance.
53. “School age care
environment rating scale-revised” or “SACERS-R” means a
research-based assessment tool that measures environmental indicators
of quality of group programs for children of school age, 5 through 12
years.
54. “School-age child”
means a child through age twelve (12), or who turns thirteen (13)
years during the eligibility period, enrolled in at least the first
grade in a public or private school program. Certain children with
special needs may be categorized as school age through the age of
eighteen (18) and qualify for CCAP child care services as detailed in
§ 4.3.1 of this Part.
55. “Short-Term Special
Approval” or “SSACC” means the continuation of CCAP authorized
services despite the temporary reduction in employment or RIW
employment plan participation as a result of a documented serious
health condition or related circumstance in the family that creates
an immediate need to continue CCAP authorized child care services on
a temporary basis, as provided in Section of this rule.
56. “Successfully screened
provider” means a provider that has no disqualifying information or
evidence of criminal activity in background clearances and criminal
record checks of the individual seeking CCAP approved license exempt
provider status or of any of the adults living in the provider's
household. Child care providers who possess a valid DCYF license to
operate, and who are seeking CCAP approved status, are presumed to
have been successfully screened in accordance with the R.I. Gen. Laws
§ 40-13.2-1 et. seq.
57. “Summer Camp” means a
DHS approved program serving eligible school age children during
periods when school is out-of-session. Summer camps must meet
applicable State laws and regulations pertaining to child health and
safety and any other applicable DHS requirements.
58. “Toddler” means a
child over the age of eighteen (18) months, up to the age of three
(3) years.
59. “Two-Parent home”
means a family in which the two parents live in the same legal
household as, and share financial responsibility for, the applicant’s
dependent child/children.
60. “Youth services/home
visiting program” means the Rhode Island State program that
provides assistance to pregnant/parenting teens engaged in approved
education and training programs. YS participants may or may not be
cash assistance recipients, employed or a combination of both. The
program was formerly known as the Youth Success Program or the Nurse
Family Partnership.
4.3 Eligibility and Authorization
of Services
A. Families with incomes at or
below 180 percent of the federal poverty level (FPL) who meet the
requirements for the Starting RIght Child Care Assistance Program
(CCAP) are eligible to receive full or partial payment for child care
expenses when delivered by a CCAP approved child care provider.
There are two avenues for qualifying for payment of child care
expenses through the CCAP:
1. Categorical Eligibility -
The Rhode Island TANF Program extends eligibility for the CCAP to
Rhode Island Works Program (RIW) cash assistance recipients,
including Youth Services Program participants, who meet the need for
services as established in § 4.5 of this Part.
2. Income Eligibility -
Working Rhode Island families, families where a parent(s) is
participating in an approved education and training program, and YS
participants who are not RIW cash recipients may be income eligible
for the CCAP if they meet the requirements set forth in § 4.6 of
this Part.
4.3.1 General
Eligibility
A. For a child to be eligible
to participate in the Child Care Assistance Program (CCAP), the
family applying for CCAP services shall meet the general requirements
set forth in this Section as well as the specific requirements
pertaining to either categorical or income eligibility. To be
eligible for the CCAP the following requirements have been met:
1. Age of applicant child(ren)
- The child to receive CCAP services shall be over one (1) week old
and below the age of thirteen (13) years unless the following
circumstances apply:
a. The child is thirteen (13)
up through eighteen (18) years old and has a documented physical or
mental disability which makes the child incapable of self-care; or
b. The child is under age
thirteen (13) and would be considered a dependent child for the
purposes of Rhode Island Works except for the receipt of Supplemental
Security Income, or foster care services under Title IV-E. This rule
applies only in those instances in which child care is necessary for
a parent to accept or retain employment or to participate in a RIW
approved education or training program.
c. The child turns thirteen
(13) years during the certification period and remains eligible until
redetermination.
2. Relationship - The
applicant child(ren) must live in the home of the parent requesting
CCAP services. The relationship between the adult applying for CCAP
services and each applicant child must meet the broad definition of
parent as set forth in this Part.
3. Residency - As defined in
the DHS General Provisions, the applicant parent(s) and any applicant
children in the financial unit shall be residents of the State of
Rhode Island.
4. Citizenship
a. The applicant child shall
be either a citizen of the United States or a qualified immigrant.
There is no five year waiting period for qualified immigrant children
to be eligible for CCAP. Qualified immigrants are:
(1) lawful permanent residents
(LPRs);
(2) refugees, asylees, persons
granted withholding of deportation/removal, conditional entry (in
effect prior to Apr. 1, 1980), or paroled into the U.S. for at least
one year;
(3) Cuban/Haitian
entrants;(4) battered spouses and children with a pending or approved
(a) self-petition for an immigrant visa, or (b) immigrant visa filed
for a spouse or child by a U.S. citizen or LPR, or (c) application
for cancellation of removal/suspension of deportation, whose need for
benefits has a substantial connection to the battery or cruelty
(parent/child of such battered child/spouse are also “qualified”);
(4) Victims of trafficking and
their derivative beneficiaries who have obtained a T visa or whose
application for a T visa sets forth a prima facie case.
b. The adult applying for CCAP
for an eligible child shall not be required to provide proof of
citizenship or immigration status.
c. The Department utilizes the
State Verification and Exchange System (SVES) to validate Social
Security Numbers (SSNs) and verify an applicant/recipient’s
citizenship.
5. Need for Services:
a. RIW or Youth Parents
involved in Youth Services/Home Visiting Program: must be in an
approved education and training activity or work plan activity as
established in § 4.5 of this Part.
b. Income Eligible /
Low-income Child Care: the parents of the applicant child(ren) shall
be employed, or participating in an approved education and training
program, and unavailable to provide routine care for the child(ren)
in accordance with the provisions established § 4.6 of this Part.
c. Child Care for Training:
(1) Beginning October 1, 2013
, the department shall provide child care to Income Eligible /
Low-income families with income below one hundred eighty percent
(180%) of the federal poverty level who are involved in training,
apprenticeship, internship, on-the-job training, work experience,
work immersion, or other job readiness/job attachment programs
sponsored or funded by the human resource investment council
(governor's workforce board) or state agencies that are part of the
coordinated program system pursuant to R.I. Gen. Laws §§ 42-102-9
and 42-102-11.
6. Cooperation with the Office
of Child Support Services. All families with an absent parent(s) are
referred to the Office of Child Support Services. As a condition of
eligibility, the parent/caretaker relative is required to cooperate
in establishing paternity, and in establishing and/or enforcing child
support and medical support orders for all children in the family,
unless the parent/caretaker relative is found to have good cause for
refusing to comply with these requirements. Additional requirements
to cooperate with the Office of Child Support Services are detailed
in § 4.3.2 of this Part.
4.3.2 Cooperation
with the Office of Child Support Services
A. An applicant or recipient
must cooperate with the agency for all children in the family (unless
good cause for refusing to do so has been determined to exist) in:
1. Identifying and locating
the parent of each child;
2. Establishing the paternity
of any child born out of wedlock;
3. Obtaining support payments
for the applicant or recipient and for all children; and
4. Obtaining any other
payments or property due the applicant or recipient or the child(ren)
of any absent parent.
B. In order for the applicant
to be found cooperative in achieving the above objectives, the
applicant must, at the request of the Office of Child Support
Services:
1. Appear, as necessary, to
provide verbal or written information or documentary evidence, known
to, possessed by, or reasonably obtainable by her/him.
2. Appear as a witness at
court or other hearings or proceedings, as necessary.
3. Provide information, or
attest to the lack of information, under penalty of perjury.
4.3.3 Consequences
of Non-cooperation with OCSS
A. The failure of a
parent/caretaker relative to cooperate with the Office of Child
Support Services in establishing paternity or in establishing,
modifying, or enforcing a support order with respect to a child, when
the applicant does not qualify for good cause, results in the closure
or denial of all CCAP benefits.
1. All applicant children are
found to be ineligible for benefits, if the parent/caretaker relative
fails to cooperate with OCSS with regards to any child in the
household.
2. The closure or denial of
the CCAP case and the ineligibility of the applicant child(ren) in
all subsequent CCAP applications, shall continue until the
parent/caretaker relative who refused to comply with child support
cooperation requirements consents to and cooperates with the agency
in satisfying those requirements.
3. Once the applicant has
satisfied the requirements of cooperation with the Office of Child
Support Services, the applicant may re-apply for CCAP.
4. A pending letter will not
be generated for any application filed by a client who is currently
non-cooperative with OCSS.
4.3.4 Good
Cause for Refusing to Cooperate
A. Every applicant is given
an opportunity to claim good cause for refusing to cooperate.
1. If good cause is claimed,
the applicant is referred to the Domestic Violence Advocate who will
conduct the Family Violence Option Assessment;
a. If the client refuses the
referral, s/he is advised that s/he must state the basis of the claim
and present corroborative evidence within twenty (20) days of the
claim; or,
b. s/he must provide
sufficient information to enable the investigation of the existence
of the circumstance; or,
c. provide sworn statements
from individuals to support the claim.
2. A determination of good
cause is based on the findings of the Domestic Violence Advocate; or,
a. evidence supplied which
establishes the claim; or,
b. an investigation by the
agency of the circumstance which confirms the claim; or,
c. a combination of evidence
and investigation; or,
d. when the claim is one of
anticipated physical harm without evidence, the investigation
supports the credibility of the claimant.
3. The determination as to
whether good cause does or does not exist should be made within
thirty (30) days of the good cause claim unless the record documents
that the agency needs additional time because the information
required to verify the claim cannot be obtained within the time
standard.
4. The DHS representative will
obtain verification and/or conduct an investigation in order to make
the determination.
a. If sufficient information
to conduct an investigation is provided, an otherwise eligible
applicant is provided assistance (or assistance is continued) pending
the final determination on the good cause claim.
4.3.5 When
Cooperation Not in Best Interest.
A. Cooperation is determined
to be against the best interest of the child(ren) if:
1. The applicant's cooperation
is reasonably anticipated to result in physical or emotional harm to
the child, mother, or other relative with whom the child is living
(Physical or emotional harm must be determined to be of a genuine and
serious nature).
a. The mere belief that
cooperation would result in harm is not sufficient basis for a
finding of good cause. The emotional harm to the mother must be of
such a serious nature that the capacity to care for the child
adequately would be reduced.); or
2. It would be harmful to the
child for whom support would be sought because the child was
conceived as a result of incest or rape; or
3. Legal proceedings for
adoption of the child are pending before a court of competent
jurisdiction; or
4. The applicant is currently
being assisted by a public or licensed private social agency to
resolve the issue of whether to keep the child or release him/her for
adoption and the discussions have not gone on for more than three (3)
months; or
5. There is anticipated
physical harm to the parent without corroborative evidence.
4.3.6 Corroborative
Evidence of Good Cause.
A. Corroborative evidence upon
which a determination of good cause is based without further agency
investigation is limited to documents similar to the following, which
must be presented within twenty (20) days of the claim:
1. Birth certificates,
medical, or law enforcement records which indicate that the child was
conceived as a result of incest or rape.
2. Court documents or other
records which indicate that legal proceedings for adoption are
pending before a court of competent jurisdiction.
3. Court, medical, criminal,
child protective services, social services, psychological, or law
enforcement records which indicate that the putative father or absent
parent might inflict physical or emotional harm on the child or
caretaker relative.
4. Medical records which
indicate emotional health history and present emotional health status
of the caretaker relative (parent or loco parentis ) or the
child for whom support is sought or, written statements from a mental
health professional indicating a diagnosis or prognosis concerning
the emotional health of the caretaker relative or the child for whom
support is sought.
5. A written statement from a
public or licensed private social agency that the applicant is being
assisted by the agency to resolve the issue of whether to keep the
child or release him/her for adoption, and the discussions have not
gone on for more than three (3) months.
B. If the evidence is
insufficient, the DHS agency representative will promptly notify the
applicant that additional corroborative evidence is needed and
specify the type of document needed.
C. When sufficient information
to permit an investigation is given or when the claim is one of
anticipated physical harm without corroborative evidence and the DHS
representative considers the claim credible and corroborative
evidence is not available, the DHS representative will conduct an
investigation.
1. In conducting the
investigation, the DHS representative will not contact the absent
father or putative father unless such contact is determined to be
necessary to establish the claim.
2. Prior to making any
contact, the applicant or recipient will be notified in order for her
to present additional evidence or information that the contact is
unnecessary or she can withdraw the application, or the good cause
claim can be denied.
D. On the basis of the
evidence or the results of the investigation, the DHS agency
representative makes a decision on the applicant's good cause claim.
4.3.7 Good
Cause Based Upon Emotional and Physical Harm
A. Physical harm and emotional
harm, as defined, must be of a serious nature. It must be
demonstrated to the DHS agency representative that there exists an
emotional impairment that substantially affects the applicant's
functioning for a finding of good cause for emotional harm to be
made.
1. If a determination is based
in whole or in part upon the anticipation of emotional harm to the
child, parent, or other caretaker relative, consideration is given to
the following:
a. the present emotional state
of the applicant subject to emotional harm;
b. the emotional health
history of the applicant; intensity and probable duration of the
emotional upset;
c. degree of cooperation to be
required; and
d. the extent of the
involvement of the child in paternity establishment or support
enforcement activity to be undertaken.
B. The DHS agency
representative can find good cause on the basis of anticipated
physical harm without corroborative evidence if the agency considers
the claim credible without corroborative evidence and if such
corroborative evidence is not available.
1. The agency is required to
investigate this type of claim and while it may not establish the
good cause circumstance, it should establish the credibility of the
claimant.
C. Good Cause Decision. If the
DHS representative has made a determination that good cause exists,
the case does not need to be referred to the Office of Child Support
Services. The case will be sent to OCSS, at a later date, should the
good cause exception be lifted due to new circumstances.
D. Review of Good Cause
Finding. A review of the good cause decision must be made at each
redetermination by the DHS agency representative. If it is determined
that circumstances have changed such that good cause no longer
exists, there must be enforcement of the cooperation requirements.
E. The failure of a
parent/caretaker relative to comply with child support enforcement
cooperation requirements without good cause results in the closure or
denial of the case.
4.3.8 Referral
to the Domestic Violence Advocate
A. If an applicant discloses a
domestic violence situation to DHS, the agency representative refers
the applicant to the Domestic Violence Advocate who conducts the
Family Violence Option Assessment.
1. If the applicant involved
is a minor parent/pregnant minor, an immediate report at the time of
disclosure must be made to the Department of Children, Youth and
Families (DCYF) as well as referral made to the Domestic Violence
Advocate for assessment.
2. If the applicant refuses
referral to the Domestic Violence Advocate, eligibility for CCAP is
not affected. However, if the applicant requests a good cause
exception to cooperation with the child support enforcement
requirement, that exception will not be granted unless the applicant
can provide evidence to support the good cause exception as detailed
in § 4.3.4 of this Part.
3. The Domestic Violence
Advocate must review the suitability of any or all waivers at the end
of the specified waiver period(s), or earlier if the applicant's
circumstances change.
a. The maximum time period for
the granting of a waiver is six (6) months.
4.3.9 Limitations
and Exclusions of Eligibility
A. Both categorical and income
eligibility for CCAP services are subject to the following
limitations and exclusions:
1. One CCAP Household per
Applicant Child. CCAP services shall only be authorized for one
household per applicant child during any given certification period.
a. In general, the CCAP
household is the parent's home which serves as the principal place of
residence of the applicant child - i.e. where the child lives the
majority of the time. This rule applies whenever an applicant child's
parents live in separate households or have an acceptable need for
services independently of, or in tandem with, one another.
b. A household other than the
child's principal place of residence may only be considered a CCAP
household if:
(1) The parent in the
household where the child lives the majority of the time does not
qualify, or have a need for CCAP services; and
(2) The parent in the
household where the child lives less than a majority of the time
applies and meets the requirements for CCAP authorized services.
2. If the parents of an
applicant child live in different households, but share legal custody
and physical possession of a child due to a court order/agreement,
then neither parent's household may be the child's principal place of
residence.
a. When both parents apply
separately for the same child, only one household shall be considered
a CCAP household when determining authorized services.
b. In such instances, the
department shall request the documentation from the applicant parents
required to make a factual determination as to which is the CCAP
household.
3. Self-Employment as a Child
Care Provider. Any parent whose income is derived solely from
self-employment as a child care provider shall not be eligible for
CCAP authorized services.
a. However, a parent who is
self employed as a child care provider on a part time basis may be
eligible to receive CCAP authorized services for an eligible child
for a period of time while working in some other capacity or
participating in a RIW- approved activity, if all requirements
established in this rule are met.
4.4 Applying for Child Care
Assistance
4.4.1 Application
A. The application for CCAP
consists of the required application, verification of certain
eligibility criteria, and the need for services. When information is
known to DHS from other DHS program sources, and meets the minimum
verification requirements of each program, independent verification
is not required and previous verified information is used in
determining CCAP eligibility. Families seeking eligibility for the
CCAP shall apply to DHS in accordance with the following:
1. Point of Application
a. Rhode Island Works (RIW)
recipients, including those who are YS participants, parents
participating in an approved education or training program, as well
as families making the transition off cash assistance, shall complete
an application for Child Care Assistance.
b. Working families and YS
participants not receiving income support through RIW may apply
online at www.dhs.ri.gov , or at
www.healthyrhode.ri.gov ,
or may obtain a printable application at www.dhs.ri.gov ,
or through a local DHS office.
2. Application Packet
a. The completed application
form signed by the applicant (in a two-parent home both parents must
sign the application), along with the documentation required to
verify eligibility and the need for services must be submitted to the
Department of Human Services to initiate a child care application.
4.4.2 Application
processing
A. The date a signed
application is date stamped as received by at a DHS office, or the
date an application is submitted online, is the application date.
B. The application period is
the period when eligibility for the CCAP is determined by DHS staff.
1. The period begins on the
application date and extends for thirty (30) days.
2. An application is
considered incomplete until DHS has all the information and
documentation required to make an eligibility determination.
3. An application that remains
incomplete on the last day of the application period shall be denied
unless DHS is responsible for the delay in processing the
application.
4. Once an application is
complete, every effort will be made to determine eligibility in the
most expeditious manner possible.
C. If there is missing
information or documentation required to determine eligibility, the
Department notifies the family in writing one or more of the
following as appropriate:
1. A list of any missing
information or documentation required to determine eligibility, the
appropriate DHS location to send the information to, and a deadline
for submitting any information requested;
2. The unique CCAP certificate
number assigned to the family. This is the identification number that
shall be used by approved child care providers when enrolling
eligible children for CCAP authorized child care services;
3. The names of the children
in the family for whom child care assistance is being requested;
and/or
4. A statement indicating that
the applicant may request services from an approved child care
provider pending final determination of eligibility by DHS. The
statement shall include a disclaimer indicating that:
a. DHS shall only make payment
for allowable child care expenses when rendered by a CCAP approved
provider;
b. An approved child care
provider is not required to accept a child during the period when an
application is pending. If a child is accepted, the provider must
enroll the child either prior to or during the first week of care;
and
c. DHS shall not guarantee
payment for any child care expenses incurred while an application is
pending.
(1) A family requesting to
enroll a child for services prior to the final determination of
eligibility shall disclose to the approved child care provider that
their application for child care assistance is pending and that no
payment shall be made by DHS for any child care expenses if the
application is denied.
D. Determining the Basis for
Eligibility
1. Upon determining that the
general requirements for the CCAP have been met representatives shall
assess the scope of CCAP services to be authorized on the basis of
the criteria for categorical or income eligibility, as specified in
§§ 4.5 and 4.6 of this Part.
2. The date DHS determines to
be the earliest date a family can begin receiving CCAP authorized
child care services is the initial eligibility, or care start date.
This date may or may not be the same as the application date.
a. The certification period
for CCAP authorized services shall begin on the initial eligibility
date and shall continue for a period of no less than twelve (12)
months
b. Any child care services
utilized prior to the initial eligibility shall be deemed
unauthorized and shall not be considered allowable child care
expenses for the purposes of making CCAP payments.
3. Applicants shall provide
complete and accurate information and all documentation required for
verification listed on the CCAP application. Submitting false or
inaccurate information for the purposes of obtaining CCAP eligibility
shall result in denial of the application.
a. Non-cooperation. Failure to
provide the documentation required to verify any eligibility
requirement, including the source of income or need for services is
acceptable grounds for a delay in the processing of an application.
If such failure continues beyond the thirty (30) day application
period, the application shall be deemed incomplete and denied on the
basis of non-cooperation.
b. The application is valid
until eligibility is determined by DHS within the prescribed
application period of thirty (30) days unless the application is
withdrawn voluntarily or DHS is responsible for the delay in
processing the application. After thirty (30) days, submission of a
new application may be required.
(1) If CCAP eligibility is
denied, the application is invalid after the thirty (30) day appeal
period expires.
(2) If CCAP eligibility is
approved, the application is presumed valid from the application date
to the end date of the certification period unless there is a change
in the family's status or circumstances that might in any way affect
CCAP eligibility.
4.4.3
Reporting Requirements
A. Applicant and recipient
parents shall report to DHS any changes in the information or
documentation included in, or submitted in conjunction with, the CCAP
application related to the general requirements in § 4.3 of this
Part or criteria for categorical (§ 4.5 of this Part) or income
eligibility (§ 4.6 of this Part) within ten (10) days from the date
the change occurs.
1. The duty to report begins
on the application date and remains in effect while the application
is valid. Failure to report changes in a timely manner may be grounds
for denying eligibility to an applicant or discontinuing authorized
services for CCAP beneficiaries. Families are required to report:
a. Changes to income, during
the twelve (12) month certification period, if the income exceeds 85%
of the State Median Income (SMI).
b. If the family has
experienced a temporary cessation of work, training or education.
c. Any change in address.
B. Families have the option
to report any changes in income if it would reduce the family’s
co-payment, or increase the family’s subsidy.
4.4.4 Redetermination
A. The eligibility period for
CCAP shall be no less than 12 months. CCAP benefits shall be
redetermined through the recertification process prior to the end of
the 12 month period.
B. DHS shall notify families
of the eligibility redetermination date by sending the renewal form
no later than the first day of the last month of the eligibility
period. The renewal form shall indicate the date the form is due
back to DHS.
C. Families must submit the
completed and signed form to DHS by the renewal due date in order for
CCAP authorized services to continue without interruption.
4.4.5 Notice
Requirements: Notice of Approval, Notice of Denial, Right to Appeal
and Hearing.
Applicants for the CCAP shall
receive timely and adequate notice of DHS eligibility determinations
and the right to appeal. DHS shall also provide timely and adequate
notice of any adverse decisions terminating or reducing benefits.
4.5 Criteria for Categorical
Eligibility
4.5.1 General
Requirements and Criteria
A. RIW recipients who fulfill
the general requirements stated in § 4.3 of this Part, shall meet
the following criteria to be eligible for the CCAP:
1. CCAP authorized services
shall only be approved for RIW recipients who have an acceptable need
for services related to fulfilling program requirements.
a. The following shall
constitute an acceptable need for services for RIW eligible families:
(1) The parent(s) or caretaker
relative shall have an approved, signed and current employment plan
on file and shall need CCAP authorized child care services during
periods of time when engaged in one or more of the component
activities required to comply with that plan.
(2) RIW families receiving
CCAP services shall meet the employment plan component activity
requirements outlined in the RI Works Rules and Regulations. Such
component activities include those specified therein, as well as any
combination of education and work-related activities contained in an
employment plan approved by a RIW caseworker.
(3) In a two-parent home, both
parents shall have a signed and approved current employment plan as
specified in the RI Works Rules and Regulations.
b. To have an acceptable need
for services, YS participants who are RIW cash assistance recipients
shall meet the following program-specific criteria:
(1) YS parents shall be under
twenty (20) years of age and not yet in possession of a high school
diploma or equivalency.
(2) The parent shall be
actively working with the Youth Services Home Visiting Program and
participating in an approved education activity, as specified in a
current RIW Employment Plan. The applicant child must be living with
the YS participant and the need for child care services must be
directly related to working, obtaining a high school education or
otherwise participating in activities required by the YS program.
(3) The period of
authorization for CCAP services will coincide with the end date for
the parent's component school program.
(4) A teen parent who is under
age sixteen (16) may not obtain authorized CCAP child care services
on their own, unless documentation of emancipation exists or
circumstances exist that the inclusion of the parent or legal
guardian would present an obstacle to securing child care. CCAP child
care services extended to a teen parent under the age of sixteen (16)
shall be authorized under a parent or legal guardian of the teen
parent and may also include that teen parent as a child care
recipient.
4.5.2 Limitations.
A. Child care services shall
not be authorized for an otherwise categorically eligible family
under the following circumstances:
1. In a one-parent home, the
parent has failed to complete or comply with an RIW employment plan;
2. One of the parents in a
two-parent home does not have an approved employment plan;
3. One of the parents in a
two-parent home is statutorily barred from receiving RIW and is not
working;
4. The parent of the eligible
child is a self-employed child care provider and is requesting CCAP
payment for care provided to the child during the hours when employed
in that capacity. This limitation shall not apply if the parent is an
employee of a child care provider;
5. A parent of the eligible
child is providing the child care, irrespective of whether the parent
lives in the same legal residence as the eligible child(ren);
6. A person living in the same
legal residence of the eligible child(ren) is providing the child
care; or
7. There is a full family
sanction in place, refer to the RIW Rules and Regulations.
4.5.3 Exceptions
A. The following exceptions
apply to the general and program-specific criteria for categorical
eligibility:
1. RIW recipients whose RIW
cash assistance is scheduled to close, and who are requesting child
care assistance due to employment, will have their CCAP eligibility
determined using income eligibility rules.
2. CCAP services may be
authorized if one of the parents in a two-parent home does not have
an approved employment plan when the family provides written
verification from a licensed health care practitioner, program or
facility, qualified to make such a determination, indicating that
the parent without an approved employment plan cannot provide
appropriate, routine care of the child due to a neuro-
physio-logical, psychological or emotional disorder, physical
impairment, or serious health condition.
a. Requests for an exception
shall be made on forms approved by the department and submitted along
with the required medical documentation.
b. Any health information
requested or obtained for the purposes of this Section shall be
subject to the privacy protections established in state law and the
Health Insurance Portability and Accountability Act of 1996 (HIPAA).
4.6 Criteria for Income
Eligibility
4.6.1 General
Requirements and Criteria
A. Working families and
families where a parent(s) is participating in an approved education
or training program, as well as YS participants not receiving RIW
cash assistance who meet the general requirements in § 4.3 of this
Part and the following criteria may be CCAP income eligible:
1. Financial Determination.
a. The countable income of the
financial unit shall be at or below 180 percent of the Federal
Poverty Level (FPL), based on family size.
(1) Transitional Child Care
allows families currently eligible for child care to continue to
receive child care after their income exceeds 180% of the federal
poverty level (FPL), as long as income remains below 225% FPL.
(2) When income rises above
225% FPL the family is no longer eligible.
(3) New child care assistance
applicants with income over 180% FPL will not be eligible for
Transitional Child Care.
(4) Eligibility for
Transitional Child Care will be determined at normal recertification
times or sooner if a currently eligible CCAP family submits evidence
of increased income over 180% FPL.
(5) Families found eligible
will be continued on transitional child care until they reach 225%
FLP or at the close of the pilot program.
(AA) If approved for
Transitional Child Care and income later falls below 180% FPL
eligibility for transitional child care ends and an application for
child care assistance under the regular CCAP program can occur.
(BB) Families are eligible to
resume Transitional Child Care if their income were to again rise
above 180% FPL.
b. The income of self-employed
families shall be calculated as outlined in the RI Works Rules and
Regulations.
c. In the process of
determining eligibility for CCAP, prospective budgeting is used.
Eligibility is established based on the knowledge and reasonable
expectation of what income and circumstances will exist in the month
for which a payment is authorized.
(1) Weekly income for these
cases is converted to a monthly amount using the 4.3333 weeks per
month conversion method.
(2) The projected estimate of
income is valid for the following periods:
(AA) between the initial
determination of eligibility and redetermination;
(BB) between redeterminations;
(CC) following a change in
income or circumstances which is reported by the recipient or
discovered by the Department.
B. Treatment of Resources
1. A determination of
eligibility requires a review of the family's liquid resources.
a. The review, for both
initial eligibility and redeterminations, will be limited to the
parents’ statements unless the stated resources are close to limit
or there is other reason to require verification.
b. The request for
verification shall be at the discretion of the DHS representative if
the information given is inconsistent or questionable from
information known to the Department.
c. The value of liquid
resources must be counted toward the $1,000,000 liquid resource
limit. If the combined value of the child's or the family's liquid
resources exceeds the $1,000,000 liquid resource limit, the family is
ineligible and the application is denied or eligibility for
assistance is discontinued.
2. Liquid resources are
defined as any interest(s) in property in the form of cash or other
financial instruments or accounts that are readily convertible to
cash or cash equivalents.
a. These include, but are not
limited to: cash, bank, credit union or other financial institution
savings, checking and money market accounts, certificates of deposit
or other time deposits, stocks, bonds, mutual funds, and other
similar financial instruments or accounts.
b. These do not include
educational savings accounts, plans, or programs; retirement
accounts, plans, or programs; or accounts held jointly with another
adult, not including a spouse, living outside the same household but
only to the extent the applicant/recipient family documents the funds
are from sources owned by the other adult living outside the
household, plus the proportionate share of any interest, dividend, or
capital gains thereon.
3. In addition to the
evaluation of resources at the time of the CCAP application, or
redetermination, resources are reviewed when a change occurs, or when
information is received which indicates that unreported resources may
exist.
a. If, at the time of the
liquid resource evaluation, countable liquid resources exceed the
liquid resource limit, resources are assumed to be in excess of the
limit for the entire month.
b. Households are required to
report a change in resources during the period between
recertification dates only when the change in resource would increase
the amount of the household's resources in excess of $1,000,000.
c. Bank accounts are liquid
resources and, as such, must be verified for CCAP households, both at
initial certification and at recertification. The same procedures
employed at certification are used at recertification.
4. The applicant/recipient’s
statement is acceptable for verification of resources unless the
household is near the resource maximum limit, or the information
given is inconsistent or questionable from information known to the
Department. The same procedures employed at certification are used at
recertification.
5. In order to be countable in
the determination of CCAP eligibility, a resource must be available
to the individual. The individual must be able to use the resource to
provide food, shelter, clothing, or convert it into a form in which
it can be used to meet needs:
a. A resource is considered to
be available both when actually available, and when the applicant has
the legal ability to make such sum available for support and
maintenance;
b. Resources are not available
when a legal impediment exists which precludes the applicant from
making the resource available for support, maintenance or child care
payments.
c. Applicants/Recipients are
required, as a condition of eligibility, to cooperate with the
Department in making resources available.
6. Countable liquid resources
are determined as of the FIRST MOMENT OF THE MONTH (FOM).
a. The determination is based
on the liquid resources the individuals own, their value, and whether
or not they are excluded as of the first moment of the month.
b. The FOM rule establishes a
point in time at which to value liquid resources;
c. Changes to SSI, SSDI/RSDI,
and Lump Sum payments do not affect the countable value of liquid
resources in the month in which they occur but will affect a
household’s countable liquid resources as of the first moment of
the following month
d. If countable liquid
resources exceed the limit as of the first moment of a month, the
recipient is not eligible for that month, unless the liquid resources
are reduced by expenditure on certain allowable expenses. Expenses
that may be used to reduce liquid resources, to attain or retain
eligibility, in CCAP are:
(1) Any and all expenses
related to payment for education or child care for members of the
family unit;
(2) Contributions to
educational savings accounts, plans or programs owned by any member
of the family unit; and
(3) Contributions to
retirement accounts, plans or programs owned by any member of the
family unit.
7. Whenever the applicant is a
joint account holder who has unrestricted access to the funds in the
account, ALL of the funds in the account are PRESUMED to be the
resources of the applicant. The applicant is offered the opportunity
to submit evidence in rebuttal as described below.
a. A successful rebuttal
results in finding that the funds (or a portion of the funds) in the
joint account are not owned by the applicant and, therefore, are not
the resources of the applicant.
b. In order for a household
member to demonstrate a lack of ownership, or only partial ownership
of a resource, two (2) of the following sources of documentation must
be presented as evidence:
(1) Documents showing the
origin of the resource.
(2) Documentation through
federal or state tax records as to which of the joint account holders
declares the tax on the interest credited to the account as income;
(3) Records of who makes
deposits and withdrawals and, if appropriate, of how withdrawn funds
are spent. The person claiming a lack of ownership (or accessibility)
should not have made any withdrawals.
(4) A notarized affidavit that
details a written or oral agreement made between the parties listed
on the resource or by someone who established or contributed to the
resource, with respect to the ownership of the funds in the resource;
(5) When the household member
states that s/he does not own a bank account but is listed as a
co-holder solely as a convenience to the other co-holder to conduct
bank transactions on his/her behalf, evidence of the age,
relationship, physical or mental condition, or place of residence of
the co- holder must be provided;
(6) A signed, notarized
statement from the household member and from either other
individual(s) listed in the joint account, or the person who
established or contributed to the account, stating that the applicant
or recipient had no knowledge of the existence of the account.
c. A document or piece of
evidence submitted to verify a particular fact does not count as more
than one verification under the above Subsections. However, a
document, piece of evidence or a statement may address more than one
fact needed for verification.
d. If a household member
cannot demonstrate that s/he is not the owner of the account through
the submission of two (2) of the above listed documents, the rebuttal
must be denied.
C. Family Cost Sharing
Requirement
1. Eligible families with
countable income above 100% of the FPL shall pay a share of the
expense for the child care services.
a. The family shall be
assessed for a share of the cost for authorized services (formerly
referred to as co-payment) based on a percentage of the gross
countable income for families at each level.
b. The family share and income
guidelines are set in accordance with the CCAP Cost-Sharing Payment
Rate Table.
c. The income levels and
percentage range of family shares are as follows:
LEVEL
FEDERAL
POVERTY LEVEL
AMOUNT
Level 0
Less than
or equal to 100%
No Family
Share
Level 1
Above
100% up to and including 125%
2% of
Countable Gross Income
Level 2
Above
125% up to and including 150%
5% of
Countable Gross Income
Level 3
Above
150% up to and including 180%
8% of
Countable Gross Income
Level 4
Above
180% up to and including 200%
10% of
Countable Gross Income
Level 5
Above
200% up to and including 225%
14%of
Countable Gross Income
d. 2017 CCAP Eligibility and
Cost-Sharing levels by Gross Income Adjusted for Family Size
FAMILY
SIZE
Level
Standard
Federal Poverty Level
%
Gross Countable Income Applied as Co-payment
2
3
4
5
6
7
8
0
<100%
0
16,240
20,420
24,600
28,780
32,960
37,140
41,320
1
>100 -
125%
2%
20,300
25,525
30,750
35,975
41,200
46,425
51,650
2
>125 -
150%
5%
24,360
30,630
36,900
43,170
49,440
55,710
61,980
3
>150 -
180%
8%
29,232
36,756
44,280
51,804
59,328
66,852
74,376
4
>180%
- 200%
10%
32,480
40,840
49,200
57,560
65,920
74,280
82,640
5
>200%
- 225%
14%
36,540
45,945
55,350
64,755
74,160
83,565
92,970
FAMILY
SIZE
Level
Standard
Federal Poverty Level
%
Gross Countable Income Applied as Co-Payment
9
10
11
12
13
14
15
0
<100%
0
46,550
51,780
57,010
62,240
67,470
72,700
77,930
1
>100 -
125%
2%
58,188
64,725
71,263
77,800
84,338
90,875
97,413
2
>125 -
150%
5%
69,825
77,670
85,515
93,360
101,205
109,050
116,895
3
>150 -
180%
8%
83,790
93,204
102,618
112,032
121,446
130,860
140,274
4
>180 -
200%
10%
93,100
103,560
114,020
124,480
134,940
145,400
155,860
5
>200%
- 225%
14%
104,738
116,505
128,273
140,040
151,808
163,575
175,343
2. The family share shall be
determined without regard to the number of eligible children who are
enrolled or the total of services utilized.
a. The family share shall be
assigned to the first or youngest eligible child enrolled in care,
that is, the eligible child who receives authorized services paid at
the highest rate.
b. The family share shall only
be distributed among providers when the total amount of the family
share assigned exceeds the rate paid for the first, or youngest,
eligible child enrolled.
3. A family's share of the
cost for child care services approved for CCAP payment shall be
recalculated any time that the family submits a new application and
supporting documentation, or reports a change to DHS that may affect
eligibility prior to the end of the family's certification period.
DHS shall recalculate the family's share of the cost for CCAP
authorized services anytime there are changes in the family's income
or size of the financial unit;
4. The Notice of Approval for
child care assistance shall indicate whether a family is required to
pay a share of the cost for authorized child services based on
countable income.
a. The Approval Notice shall
indicate to the family the exact amount of their family share and the
calculations used to determine that amount.
b. The family shall also be
informed of the amount of their family share and which provider(s) to
pay in the Confirmation of Enrollment letter.
4.6.2 Need
for Services
A. To be authorized for
income-based CCAP child care services, the parent(s) shall have an
acceptable need for services related to employment, or in the case of
non-RIW cash assistance YS Program participation, in an approved
educational program, or in the case of participation in the Child
Care for Training Program, in an approved job readiness/job
attachment program.
1. General Criteria: Income
Eligible
a. For there to be an
acceptable need for services in a two-parent home, each parent shall
be employed a minimum of an average of twenty (20) hours per week in
a month and require CCAP child care services in order to work in
accordance with the section below, entitled, Limitations.
(1) The twenty (20) hours per
week minimum requirement cannot be met by combining the working hours
of both parents, but must be met individually by each working parent.
(2) In addition, the parents
shall each earn, per hour, an average of the greater of either the
state or federal minimum wage. For there to be an acceptable need for
services in a one-parent home, the parent living in the household
shall be employed a minimum of an average of twenty (20) hours per
week in a month, earn per hour an average of the greater of either
the state or federal minimum wage, and require CCAP child care
services in order to work.
2. Program-Specific Criteria:
Non RIW cash assistance YS Participants.
a. To obtain CCAP authorized
services, non-RIW teens applying for income eligibility shall meet
the applicable general criteria as well as the following
program-specific criteria:
(1) The applicant parent shall
be a YS participant, under twenty (20) years of age, and without a
high school degree or its equivalent;
(2) The applicant YS parent
shall be employed, attending school or participating in education
related activities, or engaged in some combination thereof for a
minimum of twenty (20) hour per week, on average, in a month. CCAP
child care services for YS participants who meet this requirement may
be authorized for a period of up to twelve (12) months, with the end
date set to correspond to completion date of the educational activity
- e.g., date high school diploma or GED is received.
b. A teen parent who is under
age sixteen(16) may not have a child care case in their own name
unless documentation of emancipation exists or circumstances exist
that the inclusion of the parent or legal guardian would present an
obstacle to securing child care.
3. Program-Specific Criteria:
Child Care for Training.
a. Beginning October 1, 2013,
the department shall provide child care to Income Eligible /
Low-income families with income below one hundred eighty percent
(180%) of the federal poverty level who are involved in training,
apprenticeship, internship, on-the-job training, work experience,
work immersion, or other job readiness/job attachment programs
sponsored or funded by the human resource investment council
(governor's workforce board) or state agencies that are part of the
coordinated program system pursuant to R.I. Gen. Laws §§ 42-102-9
and 42-102-11.
b. To obtain CCAP authorized
services, such applicants applying for income eligibility shall meet
the applicable general criteria as well as the following
program-specific criteria:
(1) The applicant parent shall
be a participant in an approved training, apprenticeship, internship,
on-the-job training, work experience, work immersion, or other job
readiness/job attachment programs sponsored or funded by the human
resource investment council (governor's workforce board) or state
agencies that are part of the coordinated program, and require CCAP
child care services in order to take part in the job readiness/job
attachment activities.
(2) The applicant parent shall
be participating in job readiness/job attachment activities for a
minimum of twenty (20) hours per week, on average, in a month. CCAP
child care services for participants who meet this requirement may be
authorized for a period of three (3) to six (6) months, with the end
date set to correspond to completion date of the activity.
c. For there to be an
acceptable need for services in a two-parent home, at least one
parent shall be participating in approved job readiness/job
attachment activities for an average of twenty (20) hours per week in
a month and require CCAP child care services in order to work.
(1) In addition, any parent
with earned income outside of the approved job training shall earn,
per hour, an average of the greater of either the state or federal
minimum wage.
d. For there to be an
acceptable need for services in a one-parent home, the parent living
in the household shall be participating in approved job readiness/job
attachment activities for a minimum of an average of twenty (20)
hours per week in a month.
4.6.3 Limitations
A. The need for child care
services shall be related to the periods of time in which no parent
is available to provide care for the child as a result of employment.
CCAP child care services shall not be authorized for an otherwise
income eligible child under the following circumstances:
1. A parent of the eligible
child is self-employed as a child care provider, and is requesting
payment for care provided to the child during the hours they are
employed in that capacity. This limitation shall not apply if the
parent is an employee of a child care provider;
2. A parent is providing the
child care, irrespective of whether the parent lives in the same
household as the eligible child(ren);
3. A person living in the same
legal residence of the eligible child(ren) is providing the child
care;
4. The applicant parent's sole
source of income is derived from rental and/or room and board income,
and the need for services is based on activities related to obtaining
or collecting that income;
5. The applicant parent's need
for services is based in part or in whole on time spent working as a
volunteer, or in any similar capacity in which no wages are earned,
paid, or expected. Unpaid work of this kind also shall not count
toward the minimum number of work hours required for CCAP income
eligibility; or,
6. Such activities shall not
be considered employment for the purposes of this Section and, as
such, shall not count toward the minimum number of hours of work
required to establish a need for CCAP authorized child care services.
4.6.4 Exceptions
A. In certain circumstances,
families unable to meet the need for services requirements may
qualify for an exception that allows authorization of CCAP services.
The exceptions are as follows:
1. Parents with disabilities.
a. Employed parents determined
to have disabilities may be exempt from meeting the minimum number of
hours of work and the minimum wage requirements required to establish
a need for services set forth in this Subsection.
b. An exemption shall not be
granted until an assessment by an appropriate entity or provider of
the parent's condition is complete, a final determination of
disability is made, and the documentation verifying the parent's
disability is submitted to DHS.
c. Notice of the decision
shall be provided to the parent requesting the exemption.
2. Short Term, Employer
Authorized Absences.
a. Short- term, employer
authorized, absences from work for family/medical leave, vacations,
or annual or personal leave are considered to be within the
parameters of employment and will not adversely affect the scope of
eligibility or ability to utilize CCAP authorized care, as long as
the parent retains "employee" status during such absences.
In addition, the following criteria must be met:
b. The parent's absence from
work does not exceed twenty- one (21) consecutive days in a
certification period.
(1) Absences that extend
beyond these time limits must be reported, and may result in a change
in the scope of CCAP authorized services.
(2) CCAP payment for parent
absences from work shall not exceed two (2) weeks.
c. There is an expectation on
the part of both the parent and the employer that the parent will
return to work once the authorized absence or period of leave is
over.
3. Job Loss/Temporary
Unemployment.
a. An eligibility grace period
may be granted in cases when a parent of a child receiving CCAP
authorized services is unable to meet the minimum number of work
hours required to maintain a need for CCAP services due to temporary
unemployment as a result of an involuntary job loss (excluding a quit
without good cause) or the transition between jobs.
b. In addition, the following
criteria must be met:
(1) The eligibility grace
period shall not exceed twenty-one (21) consecutive days in a
certification period from the date the period of temporary
unemployment begins.
(2) The grace period shall not
be extended or renewed.
(3) A parent who does not
report a change in employment shall not be granted a CCAP eligibility
grace period unless good cause for the failure to report is shown.
c. The department reserves the
discretion to require a temporarily unemployed parent to submit any
documentation deemed necessary to verify that continuation of CCAP
eligibility during the grace period is warranted.
d. New applicants do not
qualify to request a CCAP eligibility grace period.
4.7 Short Term Special Approval
4.7.1 Criteria
for Short Term Special Approval
A. In a limited range of
circumstances, families who are not eligible for CCAP based on
categorical or income eligibility criteria related to employment plan
or work requirements may be approved for Short Term Special Approval
(SSACC) Child Care Assistance.
1. SSACC may be approved for
instances when there is documented evidence indicating that either
the child (child-based SSACC) or the parent (parent-based SSACC) has
a serious health condition that constitutes a temporary "special"
need for services based on the inability of the parent to provide the
necessary level or kind of child care.
2. When applying for SSACC
services, the available countable income of the financial unit shall
be used in determining an applicant's eligibility.
3. Determinations of requests
for child-based SSACC shall be made, on a case-by-case basis.
4. The criteria for approval
of SSACC for income and categorically eligible CCAP families differ,
as specified below:
a. SSACC Criteria for Income
Eligible Families.
(1) When the requirements of
this Subsection have been met, SSACC may be approved for otherwise
income eligible families who no longer meet the need for services
requirement established in § 4.8.1 of this Part due to a change in
the employment status of the parent(s).
(2) As such, requests for
SSACC shall only be considered for income eligible families who have
been receiving authorized CCAP services and have, or are in jeopardy
of losing them because of the change in the need for services.
b. For approval of child-based
SSACC in an income eligible family, there must be documented evidence
that, although the parent's employment no longer meets the need for
services requirement, the continuation of authorized CCAP services is
necessary for the health and wellbeing of the eligible child.
(1) In the case of a YS
family, it is understood that school attendance can replace the work
hours needed for eligibility. The determination of whether a
continuation of CCAP authorized care is warranted, and as such
constitutes a special need for services, shall be based on a CEDARR
(Comprehensive Evaluation, Diagnosis, Assessment, Referral and Re-
evaluation) of the eligible child. Accordingly, child-based SSACC for
an income eligible family shall only be approved when:
(AA) There is a special need
for services based on a CEDARR finding that the discontinuation of
CCAP services will have a direct adverse effect on the eligible
child's health and well- being and all other income eligibility
requirements have been met.
c. For approval of
parent-based SSACC in an income eligible family, there must be
documented evidence from a qualified health care provider or
practitioner that the health condition of the parent prohibits both
employment and the routine child care activities necessary to
maintain the health and safety of the child.
(1) The special need for
services is the result of a change in the parent's health status that
temporarily prevents the parent from meeting the work requirements in
§ 4.6 of this Part.
(2) A parent hospitalized as a
result of an acute illness or condition, or bedridden while
recovering from an illness or condition for a limited period may
receive partial or full payment of child care expenses until able to
resume employment subject to the general restrictions of this
Subsection.
d. SSACC may be approved for
categorically eligible families who have not met their RIW employment
plan requirements or who do not have a signed employment plan when
the condition or health of the child or parent constitutes a special
need for services.
(1) For approval of
child-based SSACC for categorically eligible families, the special
need for services must be established by either:
(AA) Documented evidence from
a physician, qualified licensed health practitioner, program,
facility or responsible government authority, that the child has a
serious health condition that is not currently being treated or
accommodated either because access to an appropriate program that
meets the child's special needs has been denied or delayed, or is
unavailable. Payment of child care expenses shall be provided under
such circumstances while permanent placement in an appropriate
program for the child is being arranged or located; or
(BB) A CEDARR finding that the
continuation of CCAP authorized services is necessary for the health
and wellbeing of the eligible child.
(2) For approval of
parent-based SSACC for categorically eligible families, documented
evidence must be provided from a qualified licensed health care
practitioner, program, facility or responsible government authority
indicating:
(AA) The disorder or
impairment of the parent poses a serious barrier to appropriate child
care/rearing. Payment for CCAP authorized child care may be made
while the parent is participating in an appropriate remediation or
rehabilitation protocol, such as substance abuse treatment, parenting
skills training, therapy or counseling, that will lead to the
alleviation of the need for services and progress toward great self-
sufficiency. In such cases, DHS may require the applicant to provide
documentation of a family assessment, conducted by a qualified
provider, when evaluating the need for SSACC services. However, in no
instance shall DHS authorization of SSACC for a categorically
eligible child include, or otherwise be based upon, an assessment of
whether the parent can successfully complete the
remediation/rehabilitation protocol; or
(BB) The health condition of
the parent both prohibits employment or participation in a RIW
employment plan and routine child care activities necessary to
maintain the health and safety of the child. A parent hospitalized as
a result of an acute illness or condition, or bedridden while
recovering from an illness or condition for a limited period, may be
eligible to receive partial or full payment of child care expenses
until able to resume employment, subject to the general restrictions
of this Subsection.
4.7.2 Limitations.
A. The scope of SSACC shall be
limited as follows:
1. SSACC shall not be
authorized for more than full-time in any twenty-four (24) hour
period.
2. SSACC authorized services
shall be approved, upon initial request, for up to three (3) months,
and may only be approved for an additional three (3) months period in
any twelve month period, if the family provides documentation to DHS
indicating that:
a. The parent's condition will
improve during the additional time to the extent necessary for the
parent to return to work or participate in their RIW employment plan,
once the extension is over; or
b. The child's permanent
placement in a long-term treatment or special needs program cannot be
arranged without additional time.
3. In no case shall
child-based SSACC serve as an adjunct to or a substitute for
services, administered by other government agencies or their
designees that provide long-term treatment or otherwise address the
special needs of a child. Similarly, authorization of parent-based
SSACC is not based on an assessment of whether the successful
remediation/rehabilitation can be achieved and shall not be portrayed
as such for any purpose. Accordingly, authorization of SSACC under
the requirements set forth in this section shall not be construed to
or in any way mitigate, or otherwise address, the underlying cause
-- e.g., impairment, serious health condition, etc.-- creating the
need for services.
4.7.3 Notifications
Notices, Rights, and
Responsibilities. Families applying for SSACC are afforded the same
right to timely and adequate notice, to appeal DHS decisions and to
be informed of application and enrollment status applicable to all
other CCAP applicants/beneficiaries set forth in § 4.1 of this Part.
Except as the special need for services requirements for the SSACC
established in this Section apply, the responsibilities of DHS,
approved providers, and the families of an eligible child related to
application, enrollment and payment of allowable child care expenses
shall also be the same as those specified for the CCAP.
4.8 Authorization of Child Care
Services
4.8.1 Assessment
and Scope of Authorized Child Care
A. Upon determining that a
family is either categorically or income eligible for the CCAP, the
agency representative shall make an assessment of the scope of
authorized child care required to meet a family's need for services.
1. The authorization for CCAP
child care services is based on an assessment of the following
factors related to the need for services:
a. The number of hours each
day per week that the parent(s) of an eligible child is employed or
engaged in a RIW or YS approved activity that requires child care
services.
b. Up to one (1) hour per day
of child care may be added to the daily total to cover travel time
from the child care location to place of employment/approved activity
and return. Additional travel time may be allowed if there is a
documented need, related directly to meeting work or employment plan
commitments.
c. In cases where the parent
is requesting CCAP services under either §§ 4.5 or 4.6 of this
Part, the allowable child care expense is based on the total number
of hours reported on the work schedule provided in the CCAP
application.
2. Upon completing the
assessment of a family's need for services, the agency representative
determines the scope of child care services appropriate for each
eligible child in the family. Child care services are then authorized
as follows:
a. Full-time (FT) child care,
for thirty (30) or more hours per week;
b. Three-quarter time (3QT)
child care from twenty (20) up to twenty-nine (29) hours per week.
c. Half-time (HT) child care,
from ten (10) up to nineteen (19) hours per week; and
d. Quarter time (QT) child
care, for less than ten (10) hours per week.
4.8.2 Limitations
of Authorized Child Care
A. Authorized child care shall
be utilized within the following parameters:
1. The department authorizes
CCAP child care for a specific period of time that begins on the
initial eligibility date, and continues for no less than 12 months.
2. CCAP authorized child care
corresponds to, and is generally expected to be utilized during, the
hours when a family has a need for services as defined in § 4.8.1 of
this Part.
3. An eligible child may
receive CCAP authorized services from multiple providers if necessary
for a family to meet a need for services due to split shifts or
non-traditional employment schedules, but only in instances in which
the hours of authorized child care rendered by each provider do not
overlap.
a. In no case, shall DHS pay
more than one provider for the same hours of child care services
authorized for a particular eligible child.
4. CCAP services shall not be
authorized for school age children during hours when school is in
session, which are defined as from 9:00 AM to 2:00 PM.
5. Payment for CCAP authorized
services shall only be made when rendered by child care providers
approved by DHS who meet the requirements of § 4.12 of this Part.
6. Care shall not be
authorized for eligible school age children age thirteen and over
unless a child has a documented disability that requires the child to
have adult supervision.
7. An eligible child, enrolled
with an approved provider, shall not be absent for more than two (2)
full weeks of authorized child care in a given twelve (12) month
period, unless granted a good cause exemption by DHS as a result of a
serious health condition or unusual family circumstance.
a. Parents shall make requests
for good cause exemptions, in writing, to DHS.
b. Timely notice, including a
statement of appeal rights, shall be sent to the family by DHS
explaining the basis for granting or denying the request for an
exemption to the two week limit on absences from authorized CCAP
child care.
(1) Once the two (2) week
limit has been reached, no payment shall be made for periods of
authorized child care in which the eligible child is not in
attendance unless a good cause exemption has been granted.
(2) The department reserves
the right to consider repeated extended absences of an eligible child
when making recertifications of CCAP eligibility.
4.9 Enrollment for CCAP
Authorized Services
4.9.1 Responsibilities
A. Through the enrollment
process, the family of an eligible child and the CCAP approved child
care provider of choice make the arrangements necessary for the
delivery of CCAP authorized services, in accordance with the
requirements established by the department for payment of allowable
child care expenses.
1. The child care provider is
required to transmit the pertinent information about these
arrangements to DHS using the CCAP automated enrollment system.
a. All CCAP approved providers
shall have access to the CCAP automated enrollment system and are
required to enroll all eligible children through that system as a
condition of receiving payment for CCAP authorized child care
services.
B. DHS Responsibilities
1. DHS shall issue each family
applying for child care assistance a CCAP certificate number, to
serve as a unique identifier for the purpose of enrolling an eligible
child for authorized services and establishing a basis for payment to
a CCAP approved provider.
a. Once the enrollment process
has been completed, a letter shall be sent from the department to
both the family and provider that confirms enrollment of the
child(ren) and indicates the assignment of the family's share of the
cost for authorized services, if any.
b. DHS shall initiate the
process for authorizing payment to a provider for allowable child
care expenses upon receipt of the notification that an eligible child
has been enrolled. DHS reserves the right to deny payment for
services to providers who fail to enroll eligible children within the
first week that an eligible, or potentially eligible, child begins
care with that provider.
C. Responsibilities of the
Family
1. To initiate the process of
enrolling an eligible child for CCAP authorized child care services,
the family of the child shall contact a CCAP approved provider and
present the Certificate of Approval for CCAP services or, its CCAP
certificate number.
D. Enrollment During the
Pending Period
1. As indicated in § 4.4.2 of
this Part, some approved child care providers may be willing to
enroll a child, using the CCAP certificate number, while the
application is still pending and before the final determination of
eligibility.
a. The certificate number may
first be issued to the family in the pending letter, which
acknowledges that the application has been received and is pending
further review.
b. In RI Works cases, if no
pending letter is sent and the application is approved, the
certificate number is issued to the family in the Notice of Approval.
In such instances, the following conditions apply:
(1) If the application for
CCAP services is subsequently denied by the department, no payment
shall be made for any child care services rendered during the period
when the application was pending and before the final determination
of eligibility.
(2) If a family does not give
their DHS certificate number to a provider, the provider may hold the
family liable for payment for any child care services used.
2. Providing Information to
CCAP Approved Providers. The family of the child shall present the
CCAP certificate number to an approved provider when making
arrangements for authorized child care services.
3. The family shall also
provide any information required for CCAP web or telephone enrollment
requested by the provider.
4. Enrollment with Multiple
CCAP Approved Providers.
a. A family choosing to enroll
a child for authorized services with multiple providers shall advise
each provider accordingly when making arrangements for child care,
and shall not enroll a child at more than one provider during
overlapping hours.
b. The CCAP automated
enrollment system prevents enrollment of, and payment for, services
to an eligible child during overlapping hours.
c. No more than one (1)
provider shall be authorized to provide full time services to an
eligible child for a specific period of care.
5. The family of an eligible
child may choose to change approved child care providers at any time
while authorized for CCAP child care services.
a. However, DHS is permitted
to make payment to only one approved provider for a particular hour
or set period of CCAP authorized child care once the week begins.
b. Accordingly, families are
best served when changes in providers are arranged to take effect at
the start of the week (Sunday).
c. To the extent time and
circumstances allow, notification of the change should be made by the
parent to any providers involved.
(1) In general, however, to
change approved child care providers a family is required to present
the CCAP certificate number to the new provider of choice and make
the arrangements necessary for authorized child care services.
(2) Enrollment information
sent to DHS by the new approved provider through the CCAP automated
enrollment system shall automatically disenroll the eligible child
from, and thereafter prohibit payment for, child care services
rendered by the child's previous care provider.
d. Families may change
approved providers at any time during the CCAP eligibility period.
6. A family may choose to
enroll an eligible child for services in excess of the CCAP period
authorized.
a. No CCAP payment shall be
made for any unauthorized hours of child care even with an approved
provider.
E. Responsibilities of CCAP
Approved Providers.
1. It shall be the
responsibility of the CCAP approved provider selected by the family
of an eligible child to officially enroll a child for authorized
services before or during the first week that CCAP authorized
services are provided.
2. Only child care providers
who have been approved and entered into a signed and valid DHS-
Approved Provider Agreement, have access to the DHS CCAP automated
enrollment system.
a. Both DHS approval and
access to the CCAP automated enrollment system are necessary
preconditions for provider participation in the CCAP. (See § 4.12 of
this Part for requirements for approval.)
3. The approved child care
provider shall use the CCAP certificate number issued by DHS
acknowledging receipt of the application, as specified in § 4.4.2 of
this Part, when enrolling a child whose eligibility for authorized
services is pending.
a. The enrollment process is
not completed unless and until CCAP eligibility has been approved.
Any provider that has not been approved by DHS shall not initiate
enrollment of a child for the purposes of seeking CCAP payment,
irrespective of whether a final determination of eligibility has been
made.
b. If the application for CCAP
services is subsequently approved, payment for any CCAP authorized
services rendered while the application is pending shall be made by
DHS to the approved provider as long as the child was appropriately
enrolled.
c. Upon receipt of payment
from DHS, the approved provider shall refund the family for any
allowable child care expenses paid by the family during the period in
which the application was pending.
(1) The approved provider may
apply a refund due to the family to future cost-sharing obligations
of the family, if the eligible child’s family expressly requests,
in writing, the refund be applied to future costs.
4. An approved provider
enrolls a child using the DHS CCAP automated enrollment system.
5. The approved provider shall
dis-enroll a child immediately upon receiving notice that an eligible
child shall not be using services any longer, for any reason.
a. A provider shall not
receive continued payment for a child not in their care even if the
parent failed to notify said provider of the child’s disenrollment.
6. CCAP approved child care
providers shall monitor enrollment patterns to ensure that the number
of children receiving services at any one time remains within the
provider's authorized maximum capacity; that is, the total number of
children in a provider's care--both CCAP eligible and non-eligible
children.
a. The Rhode Island Department
of Children, Youth and Families (DCYF) establishes the maximum
capacity for all state regulated child care centers and family child
care homes in the applicable standards for licensure. CCAP approved
providers subject to DCYF regulations shall not be permitted to
enroll an eligible child through the DHS CCAP automated enrollment
system when at full capacity.
b. Approved license exempt
providers, though not directly regulated by DCYF, are prohibited by
the State from caring for more than three (3) unrelated children or
up to six (6) children related to the provider at any one time
without obtaining DCYF licensure as a family child care home.
(1) Any children of the
license exempt provider are excluded from the count until enrollment
reaches the limit of three (3) unrelated children.
(2) The children of the
license exempt provider who are under six (6) years of age count
toward the maximum limit of six (6) related children.
(3) DHS shall not make payment
for an eligible child once the maximum number of unrelated children
allowed for a license exempt provider has been reached.
c. Approved child care
providers cannot retroactively enroll an eligible child. Approved
providers must enroll both eligible and pending children before or
during the first week that care is delivered if DHS payment is
anticipated.
4.10 Notices, Rights and Duties
4.10.1 Notices
A. To ensure that the Child
Care Assistance program (CCAP) is administered in an equitable,
effective and efficient manner, the following requirements have been
established:
1. Applicants for the Child
Care Assistance Program shall receive timely and adequate notice from
DHS of eligibility determinations. The department shall also provide
timely and adequate notice of any adverse decisions that terminate or
reduce benefits.
a. Notice of Approval. Upon
determining that an applicant meets the general requirements for the
CCAP in § 4.3 of this Part and the criteria for either categorical
(§ 4.5 of this Part) or income (§ 4.6 of this Part) eligibility,
Notice of Approval shall be sent by DHS informing the family of the
eligibility start and end dates and the scope of services authorized.
(1) The notice shall also
indicate whether an income eligible family is required to pay a share
of the cost for CCAP authorized services and the amount of the family
share.
(2) In addition, the Notice of
Approval shall state that any eligible children in the family shall
only be enrolled for CCAP authorized child care services by a CCAP
approved provider, who has a signed and valid DHS-CCAP Approved
Provider Agreement and is listed, accordingly, in the Central
Provider Directory (CPD).
(3) Notices of approval are
also sent when there are additional children in the family approved
for the CCAP.
b. Notice of Adverse Actions.
DHS shall send timely and adequate notice of any decisions that
adversely affect a family's CCAP eligibility or the scope of
authorized services.
(1) All notices of adverse
action shall contain:
(AA) acknowledgment of a
client's request for withdrawal of an application, or discontinuance
of benefits, if applicable;
(BB) the reason for the
proposed adverse action and citation of the applicable rule herein;
(CC) a statement indicating
that the family may discuss the pending adverse action with the
appropriate agency representative and, if further review is deemed
necessary, schedule an Adjustment Conference to the discuss the
action further with the designated supervisor; and
(DD) explanation of the
family's right to request a hearing within thirty (30) days of the
date of the notice. Notices in this category include those indicating
denial or discontinuation of CCAP eligibility, or change in CCAP
authorized services.
(2) The notice of denial shall
be sent by DHS to a family when a department representative
determines that a case, or an applicant in a case, is ineligible for
the CCAP.
(3) The notice of eligibility
discontinuation shall be sent when a decision made by the department
results in the discontinuance of CCAP eligibility for a particular
child or for the family as a whole.
c. A notice of change in
authorized services shall be sent to a family in situations in which
a DHS decision results in change in the scope of authorized services
or the family share obligation that reduces the level of CCAP
benefits or otherwise adversely affects the family.
(1) When a change in the
family's eligibility or need for services results in a reduction,
suspension, or discontinuance of DHS payment to the provider, a
notice of adverse action shall be sent to the family at least ten
(10) days prior to the effective date of the action.
4.10.2 Rights
A. Applicants for, and
beneficiaries of, the Child Care Assistance Program have the right to
appeal and request a hearing during the determination of eligibility,
and during the receipt of benefits.
1. In conjunction with
notices informing applicants/beneficiaries of initial eligibility
determinations, adverse actions, and recertifications, DHS shall
inform the family of the right to appeal and request a hearing.
a. The Notice of Approval
shall include information pertaining to the right to appeal the
eligibility date, the amount or type of authorized services, the
family's cost-sharing obligations, and any other matters related to
the scope of CCAP benefits approved.
b. Notice of adverse actions
shall include information pertaining to the right to appeal DHS
decision (e.g., denial, discontinuation, change in authorized
services), the scope of its impact, and the basis on which the
decision was made.
4.10.3 Duties
A. DHS has a duty to provide
the following information:
1. Confirmation of enrollment.
a. Upon receiving notification
of enrollment of an eligible child from an approved provider, DHS
shall send a client written confirmation of an eligible child's
enrollment for authorized services by the provider.
b. The Confirmation of
Enrollment shall specify the approved provider who enrolled the
eligible child and, as such, who shall receive payment, if any is
required, from DHS for CCAP authorized child care services. Any
cost-sharing obligations for an income eligible family shall also be
specified in the Approval Notice and the Confirmation of Enrollment.
2. When information provided
to DHS in conjunction with the duty to report in § 4.4.3 of this
Part requires a change in CCAP authorized services, the following
apply:
a. If the resulting change in
CCAP authorized services does not adversely affect the family,
implementation will begin, in most circumstances, on the first Sunday
following the date the report was made to DHS;
b. If the resulting change in
CCAP services has an adverse impact on the family, notice of the
change shall be provided by DHS to the family at least ten (10) days
prior to the implementation date.
4.11 Improper Payments
4.11.1 Underpayments
A. If the household was
eligible to receive child care assistance benefits, but received a
benefit that was less than that which they were entitled, or the
failure to issue a benefit for a benefit month in which the household
was eligible for such a benefit constitutes an underpayment.
1. The agency representative
corrects the underpayment as soon as possible, but not later than
thirty (30) days after discovery of the underpayment, to a current
recipient or one who would be a current recipient had the error
causing the underpayment not occurred.
2. In cases involving an
underpayment and an overpayment in the same month, the agency
representative must factor in both in determining what the correct
payment should have been. If an underpayment still exists, it is
promptly corrected.
3. For purposes of determining
eligibility and the amount of assistance, a retroactive corrective
payment is not considered income, nor is it considered a resource in
the month received or in the following month.
4.11.2 Overpayments
A. An overpayment occurs when
the child care benefit amount paid exceeds the benefit that would
have been issued if the payment were calculated correctly based on
accurate information that was reported, verified, and acted on in a
timely manner.
1. If the agency
representative discovers that the household failed to report a change
as required by § 4.10 of this Part, and as a result, received child
care benefits to which it was not entitled, the agency representative
refers an improper payment claim to the Claims, Collections, and
Recoveries Unit (CCRU).
2. The CCRU Unit establishes
whether the improper payment was agency caused, household caused, or
fraud and recovers the improper payment in accordance with § 4.11 of
this Part.
4.11.3
Types of Improper Payments
A. A client improper payment
occurs when the child care benefit paid exceeds the benefit that
would have been issued if the payment were calculated correctly based
on accurate information that was reported, verified, and acted on in
a timely manner.
1. A provider based improper
payment occurs when a provider receives a duplicate benefit or
receives payments for services not rendered.
2. The cause of each improper
payment shall be classified as agency, client or provider caused.
3. Improper payments shall be
further classified as unintentional errors or fraud.
B. An improper payment shall
be classified as an agency error if the error was caused solely by
actions taken by the department or department staff.
1. Agency errors shall
include, but not be limited to the following types of errors:
a. errors caused by delays in
processing applications or taking prompt action on changes that were
reported timely;
b. errors in determining
eligibility, the benefit amount or the payment authorization period;
data entry errors;
c. errors caused by the
incorrect application of state regulations, policy or procedures; and
2. Improper payments that are
not due to agency error shall be classified as client or provider
caused. The error shall be classified as both client and provider
caused if the client and the provider both had knowledge and actively
participated in the action that caused the improper payment to occur.
a. Improper payments caused by
the client shall include, but not be limited to errors caused by
reporting false or inaccurate information, and/or delays in reporting
changes in household income, resources, circumstances or provider
arrangements.
b. Improper payments caused by
the provider shall include, but not be limited to the following types
of errors:
(1) inaccurate reporting of
information concerning licensing status, age or other provider
eligibility requirements;
(2) inaccurate reporting of
the provider's relationship to the child or the location at which
care is given;
(3) inaccurate reporting of
household circumstances;
(4) committing an illegal act,
such as cashing a replacement check after falsely claiming that the
original check was lost, stolen or destroyed;
(5) inaccurate reporting of
actual charges, attendance or dates of service; and
(6) any other false claim for
services provided.
3. The CCRU Unit shall make a
preliminary determination of whether the improper payment was
intentional or an unintentional error pursuant to guidelines below.
a. Improper payments shall be
classified as intentional if the client or provider knowingly
withheld or provided false information on matters affecting
eligibility, benefits or a claim for services. If a question of fraud
exists, the case may be referred by the CCRU Unit to DHS Legal
Counsel and/or to the Office of the Attorney General of Rhode Island
for civil and/or criminal action.
b. An improper payment shall
be considered unintentional household error under the following
circumstances:
(1) there was clearly no
intent to commit fraud or to obtain benefits or payments under false
pretenses;
(2) the client or provider did
not purposefully withhold or provide erroneous information;
(3) illness, a family
emergency, or any other good-cause reason exists for not reporting
information timely or accurately; or
(4) the error was due to a
delay in taking action as the result of an administrative hearing
request.
4. Below are the procedures
for recovery:
a. Enable a repayment in full
settlement (a lump-sum repayment);
b. Enable a repayment
agreement between the CCRU Unit and the child care provider when
there is no requirement for an adjustment by the Department's
Financial Office; or
c. Enable a repayment
agreement between the CCRU Unit and the child care recipient, using
the "Notice of Child Care Overpayment". When a child care
improper payment is to be recovered from the recipient, the recipient
shall be given notice of that determination using the "Notice of
Child Care Overpayment." The notice shall include an explanation
of the improper payment determination, including the following:
(1) The amount and period of
the improper payment;
(2) The reasons for the
improper payment;
(3) The regulations supporting
the improper payment determination;
(4) An explanation of the
available methods of repayment;
(5) The recipient's right to
appeal; and
(6) A telephone number to call
for information about free legal services.
5. Consequences for failure to
repay:
a. Failure of the child care
provider to repay a child care improper payment made by the DHS CCAP
and not subject to adjustment by the Department's Financial Office
because of provider error, provider fraud, or agency error, shall
result in the termination/revocation of the “DHS-CCAP Approved
Provider Agreement" and disenrollment from the CPD.
(1) Revocation of CCAP
approved provider status shall continue until further notification.
(2) An appeal may be taken
from the denial in accordance with policy.
b. When a licensed child care
facility has pled guilty to, has been determined to have committed
fraud, or has been convicted of fraud, the Department shall notify
the DCYF Child Care Licensing Unit in writing of any findings of
fraud. Notification is to be made by the Hearing Officer if fraud is
found in a hearing, or to be made by the CCRU Unit, if found by the
CCRU Unit.
c. The DHS shall retain any
improper payment it recovers and shall use the funds for the
provision of child care services.
d. Improper payments that are
recovered shall be reported to the Agency Director and the Program
Administrator.
e. Failure of the child care
recipient or provider to repay may result in further legal action,
and/or loss of benefits.
4.12 Child Care Provider Directory
4.12.1 DHS
CCAP Approved Child Care Providers
A. The Department of Human
Services shall make payment only for CCAP authorized child care
services when rendered by DHS CCAP approved child care providers.
1. To obtain approval, child
care providers shall meet the minimum requirements set forth in this
§ 4.12 of this Part, including entering into an agreement with DHS
that fulfills the requirements set forth in this Part.
2. Providers that have
obtained DHS approved status are maintained in the CCAP Central
Provider Directory (CPD) operated by the Office of Child Care (OCC).
3. A provider may begin to
provide authorized services to CCAP eligible children during the week
that an application for the CCAP approval has been submitted to the
OCC.
a. However, DHS shall only
make payment for such services when, and on the condition that, the
provider is granted CCAP approved status, completes the introductory
trainings and enrollment, and complies with reporting activities
specified in this rule.
4. DHS shall discontinue
payments when a provider exceeds the number of allowable children in
its care or has evidence of provider non-compliance with the current
approved Provider Agreement (APA), and or DCYF licensing regulations.
4.12.2 Central
Provider Directory (CPD) Approved Providers
A. The CCAP Central Provider
Directory (CPD) standardizes the process for approving child care
providers to participate in the CCAP and provide a central source of
information about, and for, CCAP approved providers.
1. The process for gaining
entry to the CPD, and attaining CCAP approved status, varies
depending on type of child care provider.
B. In general, entry into the
CPD shall be limited to the following categories of child care
providers:
1. DCYF Licensed Child Care
Providers.
a. Child care providers
regulated by, and operating in accordance with, the standards
established by the Rhode Island Department of Children, Youth and
Families (DCYF) appropriate to the child care setting.
(1) Providers in this category
include licensed center-based child care programs, group family child
care homes, family child care homes and school-age programs.
(2) Also included are summer
camp programs operated by licensed centers where DCYF center
standards are maintained during the entire day. Summer camps, by
definition, may not operate for more than twelve (12) weeks per year.
2. License exempt Child Care
Providers.
a. Relatives, friends and/or
neighbors of families eligible for CCAP who are not required by law
to obtain DCYF licensure, but are authorized to participate in the
CCAP.
b. Providers in this category
will only be approved as long as they have a CCAP pending or eligible
child in their care and have been successfully screened by DHS as
specified in § 4.12.3 of this Part; and
3. Comprehensive Early
Childhood Education Programs.
a. Programs licensed by DCYF,
approved by the Rhode Island Department of Education (RIDE) to
operate half (1/2) day pre-school programs and approved by DHS as
meeting the CCAP program requirements.
C. For the purposes of the
CCAP, "approved" means the child care provider has met the
requirement to enroll eligible children through the DHS CCAP
automated enrollment system, has received payment for allowable child
care expenses, and has participated in certain DHS programs.
1. Although these requirements
reflect the minimum standards for safe and healthful child care, CCAP
approved status is not, and shall in no way be construed as, related
to the quality of services rendered by the child care provider.
2. DHS will not pay providers
for services rendered prior to the week that the CPD receives their
application to be a CCAP approved provider.
4.12.3 Central
Provider Directory Application for Approval Process
A. Child care providers who
fall into the categories defined in § 4.12.2 of this Part, may apply
for entry into the CPD.
1. In the event that the
family of an eligible child selects a child care provider that is not
listed as approved in the CPD, the provider must contact the Office
of Child Care, to request the appropriate application forms and
related information about obtaining CCAP approved provider status.
2. The process for becoming
approved in CCAP and entered into the CPD includes both general and
category specific application requirements, as outlined in §
4.12.3(B) of this Part.
3. All child care providers
seeking access to the CPD and CCAP approved status shall meet the
following general requirements:
a. Applications shall be made
on forms approved by the department and shall be submitted for review
to the Office of Child Care.
b. All CCAP approved child
care providers shall sign a CCAP Approved Provider Agreement (APA)
that establishes the respective responsibilities and obligations of
both the Department and the provider as well as the grounds for
discontinuation of approved status. No payment shall be made for
allowable child care expenses until the Department receives the
original APA, signed and dated by the child care provider and
notarized or witnessed by a member of the staff of the OCC. Providers
shall agree to the terms and conditions set by DHS for:
(1) Completing the APA;
(2) Enrolling eligible
children;
(3) Complying with maximum
capacity limits;
(4) Transmitting documentation
of authorized services rendered;
(5) Establishing the DHS
authorized payment rate for services provided to CCAP eligible
children enrolled in care as well as the payment method and interval;
(6) Ensuring the safety and
well-being of children in their care; and
(7) Filing timely reports to
DHS about changes in enrollment, licensure, capacity or any other
such matters as deemed necessary to maintain the CPD and authorize
payment for services.
c. Providers, and any
substitute providers, shall be successfully screened through a
background clearance and criminal record check.
(1) All members of the
provider's household, at the time approved status is initially
requested, and at two year intervals thereafter must submit to the
background clearance.
(2) The screening process
entails a background clearance performed by DCYF through the Rhode
Island Children's Information System (RICHIST), and a criminal record
check (also referred to as a background criminal investigation or
BCI) conducted by the Rhode Island Attorney General's Office.
d. To be successfully
screened, the following criteria shall be met:
(1) DCYF/RICHIST clearances.
(AA) There shall be no
disqualifying information, and no record of substantiated involvement
in an investigation that may result in disqualification, as defined
in DCYF policy.
(BB) Clearance of Agency
Activity, in the RICHIST background clearances of the provider and
members of the provider's household.
(CC) Any changes in the
composition of the household must be reported immediately. Background
checks on the new household member shall be conducted anytime there
is a change in the composition of the approved provider's household.
(2) Criminal Records Check.
(AA) There shall be no
evidence of criminal activity in the BCI record check of the provider
and members of the provider's household.
(BB) For the purposes of this
Section, evidence of criminal activity is defined as a conviction or
plea of nolo contendere in any criminal matter or the fact that the
individual has outstanding or pending charges related to any Types of
Criminal Activity detailed in the RI Department of Children, Youth
and Families Policy.
(3) The Office of Child Care
reserves the discretion to deny approval of an application in
circumstances when the evidence in the record of a member of the
household indicates a pattern of behavior that poses a risk to the
safety and/or well-being of the eligible children to receive care.
(AA) Such a determination
shall only be made subsequent to a comprehensive review of the
information provided through the clearances and background checks
required in this Section, as well as any related official documents
pertaining to the criminal record of the applicant or household
member that may become available.
e. Providers shall be U.S.
citizens or submit documentation of a legal immigration status that
includes the appropriate authorization to work in the child care
field, or a related industry.
(1) DHS is prohibited from
making payment to, and therefore will not approve, non- citizen
providers who do not have proof of such authorization; and
f. Meet any category specific
requirements set forth in this Section.
B. Category Specific Access
Requirements. In addition to the general access requirements, child
care providers shall meet the following category specific
requirements in accordance with R.I. Gen. Laws § 40-5.1-17(b):
1. To be eligible to be CCAP
approved, a child care provider operating under the jurisdiction of
DCYF shall:
a. Provide documentation of a
valid State of Rhode Island license to operate, deemed by DCYF to be
in good- standing, and meet any additional requirements specified by
DHS.
(1) Individuals operating, or
employed by, child care centers and family homes regulated by DCYF
are subject to screening -- including both a background clearance and
criminal records checks -- as part of the process of obtaining and
maintaining licensure. Accordingly, a valid license in good standing
is considered evidence of successful screening for the purposes of
this Section.
(2) For continued eligibility,
all licensed providers are required to submit a schedule of their
rates for non-assisted or non-subsidized families.
(3) If a provider's license
lapses, is revoked, or otherwise becomes invalid, DHS shall initiate
appropriate action to discontinue approved provider status.
(4) A provider whose approved
status is discontinued must submit a new application to be considered
for reinstatement as CCAP approved provider.
2. For continued approved
provider status, all licensed providers are required to complete and
submit a CCAP Approved Provider Rate Report (APRR) that includes
their published rate schedule.
a. The CCAP APRR specifies the
actual rate a provider charges for child care services rendered to
any non-CCAP subsidized families in all rate categories.
b. The APRR is used to
determine the DHS Authorized Payment Rates for Providers. If a
provider does not have a published rate schedule, the provider shall
make a statement attesting to that fact, as indicated, in the
appropriate Section of the CCAP APRR.
3. For continued approved
provider status, all licensed providers shall maintain a minimum of
designation of One Star in the Quality Rating Improvement System.
Maintenance of a program’s Star level designation includes the
completion and submission of a Quality Improvement Plan to ensure
compliance with the Quality Rating and Improvement System criteria
outlined in § 4.12.10 of this Part.
4. To be eligible for CCAP
approval, a license exempt provider shall be a relative, friend or
neighbor of an eligible family for CCAP who has been requested to
provide child care services to a CCAP pending or eligible dependent
child and submit a completed and signed CPD/CCAP application packet
which includes the following:
a. A signed Health and Safety
Certification Form in which the provider attests to being free of any
physical, mental and/or emotional condition(s) with the potential to
endanger children or impede the ability to care for children.
b. Proof of completion of the
Approved CCAP Health & Safety Training Module
c. If an applicant is
receiving disability related income and/or supportive health care
services, or has been hospitalized for a chronic condition for one
(1) day or more in the last year, a treating physician must submit
either medical documentation or a signed letter, indicating that the
applicant is capable of providing safe and appropriate care for
children.
d. AW-9 Form (Request for
Taxpayer Identification Number and Certification) completed and
signed by the provider;
e. Proof that the applicant is
at least twenty-one (21) years old as verified by a birth certificate
or other legal document that contains an applicant's date of birth;
f. A valid social security
number and proof that the applicant is a United States citizen or a
non-citizen who is lawfully entitled to reside and work in the United
States;
g. Proof of the applicant's
Rhode Island residency and of a stable address. A post office box is
not an acceptable form of proof of Rhode Island residency, though it
may serve as an applicant's official mailing address.
(1) As used in this Section, a
stable address means that the applicant intends to maintain one
principle place of residence once approved for the CCAP. For the
purposes of CCAP, a stable address is necessary to ensure prompt
enrollment of eligible children, timely payment for authorized
services and to protect the safety and security of the child care
environment.
(2) A signed and dated lease
or rental agreement in which the applicant, or the parent or spouse
of the applicant, is a legally responsible party shall be considered
acceptable proof of a stable address. A person who lives in a
residence as a boarder is not considered to have a stable address
and, as such, does not meet the requirements of this Section.
(3) At least ten (10) days
prior to the actual date of a planned move, an approved license
exempt provider must submit to the Office of Child Care (OCC), the
information necessary to verify the address of, and the intent to
maintain, a new principal place of residence. The provider shall also
report any changes in household composition that occur in tandem
with, or as a result of, the change in residence.
(4) An approved provider who
makes more than two (2) changes in the principal place of residence
during the two (2) year period of CPD status is not considered to
have a stable address. Accordingly, CPD status of such providers is
subject to review by the Office of Child Care and possible
discontinuation of approved provider status.
h. Proof that there is a
working telephone accessible at all time at the applicant's residence
as verified through a current phone bill. A cell phone number is
acceptable, provided that documentation is provided showing that the
phone is attached to the provider and the provider's residence;
i. Information on the
applicant, and all adult members of the applicant household,
including social security numbers and dates of birth; and
j. A CCAP Parent-Provider
Enrollment Agreement for each CCAP assisted child the provider
intends to care for signed by a parent who has submitted an
application for child care assistance from DHS and is currently
pending or eligible for such assistance from the CCAP; and
k. A self-declaration
specifying how many children (both CCAP assisted and non- CCAP
assisted) will be rendered services, including any related children.
License exempt providers are limited to caring for three (3)
unrelated children, or six (6) children if an acceptable degree of
relationship to the provider can be proven. The provider's children
under six (6) years of age shall be included in the maximum number of
six (6) related children.
(1) In instances in which the
eligible children are related to the provider, legal documentation
must be submitted to the CPD verifying that the provider has a
relationship of acceptable degree to the eligible child(ren). For the
purposes of the CCAP, a relationship of acceptable degree is an
eligible child's aunt, uncle, grandparent, great grandparent, great
aunt, great uncle, or adult sibling age twenty-one (21) or older.
(2) The Central Provider
Directory (CPD) shall accept as verification of the provider's
relationship the legal documents specified in the RIW rules and
regulations. Information about the required legal documentation shall
be made available to the provider by the OCSS upon request.
4.12.4
Criminal Records Checks- Disqualifying Information
A. The arrest and conviction
or arrest pending disposition for one of the criminal offenses listed
below or for any offense, which involves elements of proof that are
substantially similar to the offenses listed below, disqualifies an
individual from serving in a child caring capacity in a program or
service operated by or for DCYF and/or requiring licensure by DCYF or
residing in a household wherein such a program or service is provided
or from owning or operating any such program subject to a statewide
or nationwide criminal background check in accordance with federal
and/or state law or DCYF rule.
1. For purposes of this
protocol, "conviction" means a judgment of conviction
entered by a court subsequent to a finding of guilty.
a. Further, any case where a
defendant has entered a plea of nolo contendere and has received a
sentence that includes a fine and/or a period of incarceration shall
constitute a conviction.
b. In addition, any instance
where the defendant has entered a plea of nolo contendere and has
received a sentence of only probation shall constitute a conviction
while the probationary period is pending.
B. Level 1 Offenses: If an
individual is disqualified for the arrest and/or conviction for any
of the following offenses, that individual shall have a right to
appeal for the purpose of demonstrating that he or she has not been
arrested and/or convicted for such an offense.
1. Felony Child Abuse or
Neglect
2. Felony Domestic Violence
3. Felony committed against a
child
4. 1st Degree Child
Molestation
5. 2nd Degree Child
Molestation
6. Child Pornography
7. Circulation of obscene
publications and shows
8. Sale or exhibition to minor
of indecent publications, pictures or articles
9. Child nudity in publication
10. Transportation for
Indecent purposes
11. Harboring
12. Prostitution
13. Pandering
14. Deriving support or
maintenance from prostitution
15. Felony Drug Offense
committed less than five (5) years ago
16. Felony involving violence
17. Murder
18. Manslaughter
19. Rape
20. 1st Degree Sexual Assault
21. 2nd Degree Sexual Assault
22. Kidnapping
23. Car-jacking
24. 1st Degree Arson
25. 2nd Degree Arson
26. Mayhem
27. Felony Assault committed
less than five (5) years ago
28. Felony Battery committed
less than five (5) years ago
C. Level 2 Offenses: If an
individual is disqualified for the arrest and/or conviction for any
of the following offenses, that individual shall have a right to
appeal for the purpose of demonstrating his or her long standing
record of excellence in child care:
1. Felony Assault committed
over five (5) years ago
2. Felony Battery committed
over five (5) years ago
3. Felony Drug Offense
committed over five (5) years ago
4. Robbery
5. Breaking and Entering
6. Burglary
7. Illegal Possession of a
Firearm
8. Misdemeanor Domestic
Assault
9. 3rd Degree Sexual Assault
D. If an individual is
disqualified for the arrest and/or conviction for any of the
following offenses, when the offense does not involve a child, that
individual shall have a right to appeal for the purpose of
demonstrating his or her long standing record of excellence in child
care:
1. Transportation for Indecent
purposes
2. Harboring
3. Prostitution
4. Pandering
5. Deriving support or
maintenance from prostitution
6. Circulation of obscene
publications and shows
4.12.5 Determination/Maintenance
of Provider Status
A. The Office of Child Care
shall review a child care provider's application, complete the
screening process, where appropriate, and make a determination of the
CPDs provider status in no more than thirty (30) days from the date
the appropriate signed application form and any required
documentation are date-stamped as received by DHS.
1. Upon determining that a
child care provider has met the general and category specific
requirements, signed the CCAP Approved Provider Agreement (APA), and
completed the CCAP Approved Provider Rate Report (APRR), DHS shall
provide notification in writing of approved status to the provider.
a. Upon completing the
Approved Provider Introductory Training, the provider gains access to
the CCAP automated enrollment system.
2. Applicants who do not meet
the general and category specific requirements shall be denied CCAP
approved status.
a. The Department shall send
written notice to the child care provider indicating the reasons for
denial and providing information on how to request a hearing and
appeal the decision.
b. Any provider who has been
denied on two occasions must wait a period of twelve (12) months
before re-applying to be a CCAP approved child care provider.
3. DHS shall not make payment
for allowable child care services rendered during the period while
the application for approved status is pending.
a. However, if approved status
is granted, the provider will be reimbursed for such services at the
DHS Authorized Payment Rate, but only after an Approved Provider
Agreement has been signed and the Approved Provider Introductory
Training has been completed.
B. The Department shall
reserve the right to remove a child care provider from the CPD and
discontinue approved status in CCAP upon obtaining evidence that the
provider has not met one or more of the criteria outlined in these
rules.
1. Notice of Discontinuation
of CCAP approved status shall be sent to the provider and include the
reasons for the discontinuation and information on how to appeal the
DHS decision.
2. DHS shall also notify the
families of any eligible children affected by discontinuation of the
provider's approved status.
3. License exempt providers
shall be automatically discontinued at one (1) year during which no
CCAP payments were made.
C. Renewal.
1. License exempt Providers
are listed in the CPD for two (2) years (as long as they continue to
provide child care for a CCAP pending or eligible child) and Licensed
Providers for a period of five (5) years.
a. After this period of time,
a provider must be re-approved and present appropriate documentation
to the CPD to remain active.
2. Notice shall be sent to
approved providers indicating the dates and requirements for renewal
of CPD status at least thirty (30) days prior to the end date of
their period of approval.
4.12.6 DHS-CCAP
Approved Provider Agreement
A. All CPD approved child care
providers shall sign an agreement with DHS that establishes the
respective responsibilities and obligations of both the department
and the provider and the grounds for discontinuation of approval as
specified in this Section.
1. The signature on the
agreement with DHS shall be notarized or witnessed by a member of the
staff of the OCC.
2. No payment shall be made
for allowable child care expenses until the department receives an
original copy of the DHS-CCAP Approved Provider Agreement, signed and
dated by the child care provider.
3. Terms and Conditions for
Payment.
a. The department shall
determine the DHS Authorized Payment Rate for each eligible child
enrolled.
b. The department shall also
determine the method that approved providers shall use to request and
receive payment for allowable child care expenses.
4. In certain circumstances,
the department may determine that an approved provider is no longer
qualified to provide authorized CCAP services and, as a result,
approved status shall be discontinued. In such cases, the department
shall cease payment for any CCAP services rendered by the provider,
and access to the DHS CCAP automated enrollment system is denied.
a. The department reserves the
right to discontinue DHS approved status for providers for any of the
following reasons:
(1) Upon obtaining evidence
that the Department of Children, Youth and Families suspends and/or
terminates the license of a child care provider with whom DHS has a
provider agreement.
(AA) License Status placed on
hold by DCYF - Unless otherwise instructed by DCYF, DHS will allow
the Provider to retain current enrollments and DHS sends a Provider
notice that no further enrollments are to take place after the date
of the notice putting the license on hold. DHS retains the right to
discontinue DHS Approved Provider status if the Provider's license
remains on hold beyond 60 days.
(BB) License suspended and/or
Revoked - Provider must cease all operations and all DHS children are
dis-enrolled using the effective date immediately following the
decision to place the license on suspension. Notices are sent to
parents and provider.
(2) Failing to meet the terms
and conditions established in the DHS-CCAP Approved Provider
Agreement;
(3) A Provider engaging in
fraudulent or other unlawful acts: in obtaining or seeking to obtain
CCAP approved status; in providing or receiving payment for CCAP; in
utilizing the CCAP automated enrollment system shall be ineligible to
participate in the program:
(AA) For a period of three (3)
months for the first discontinuance;
(BB) For a period of six (6)
months for the second discontinuance; and,
(CC) Permanently for the third
occasion.
(4) Knowingly providing false
information to obtain benefits from any DHS program or any other
federally funded program; in not reporting CCAP income when applying
for a federally funded program; or in committing tax fraud;
(5) Failing to maintain DCYF
licensure or otherwise failing to comply with DCYF regulations or the
standards and regulations established by another federal or State
government entity applicable to the setting in which the child care
is provided;
(6) Failing to protect the
confidentiality of information related to CCAP beneficiaries; or
(7) Endangering, or failing to
ensure, the health or safety of any child in the provider's care;
(8) Failing to report criminal
convictions or the imposition of civil penalties.
(AA) An approved provider
shall report to DHS any criminal conviction or civil penalties
imposed for such acts on: the provider, an employee of the provider
engaged directly in the provision of child care; or, if a license
exempt provider, an adult member of the provider's household.
(BB) Failure to make such
reports within ten (10) days from the date the conviction/penalty is
imposed shall be grounds for discontinuation of approved status;
(9) Failing to report any
changes in their provider status, living arrangements, addition of
new household members, or other vital information to the OCC within
ten (10) days prior to the change;
(10) Caring for more children
than allowed under this rule or applicable state laws and
regulations;
(11) Caring for a child who
lives in the same household as the provider;
(12) Failing to attend CCAP
Approved Provider Introductory Training;
(13) For license exempt
providers, failing to complete the Approved CCAP Health & Safety
Training Module.
(14) Failing to provide DHS
with a completed CCAP APRR when requested;
(15) Providing inaccurate or
misleading information in the CCAP APRR for the purposes of altering
the amount of the DHS authorized payment rate; or
(16) Refusing or failing to
cooperate with DHS personnel conducting audits, reviews, or
evaluations related to the proper and efficient operation of the CCAP
or compliance with the rules set forth herein or terms and conditions
of the provider agreement; or
(17) For legal License exempt
providers, ceasing to provide child care services to CCAP pending or
eligible children for a period of one (1) year.
(18) Refusing or failing to
maintain a QRIS Quality Rating of one (1) Star or higher.
b. The department reserves the
right to offer a CCAP approved provider subject to discontinuation
the opportunity to take corrective action prior to the effective date
of discontinuation of approved provider status and termination of the
provider agreement.
(1) In such cases, the OCC
shall send a notice to the approved provider that shall clearly state
the type of corrective action required, the date it is to be
completed, and the method for evaluating whether the deficiency has
been corrected.
(2) Corrective actions shall
be permitted in only those cases in which the department determines
that the health, safety and welfare of eligible children and the
fundamental purposes of the CCAP will not be jeopardized while the
remedy is being implemented.
(3) DHS reserves the right to
adhere to a permanent discontinuation of CCAP approval for situations
when the terms of a DHS corrective action plan have not been met.
5. Approved providers and the
families of eligible children shall be notified at the time of
application that, as CPD providers and CCAP beneficiaries, certain
personal information may be accessed on the DHS web site by
department personnel, approved providers and contracted agents of
DHS.
a. A confidentiality statement
shall be signed by both providers and parents, prior to participating
in the CCAP, indicating that they are aware of, and understand, the
limits on confidentiality associated with the methods DHS employs to
gather and disseminate information through the CCAP automated
enrollment system and the purposes for such information, as well as
how that information will be accessed and used.
b. DHS shall utilize the most
advanced technological methods available to ensure the
confidentiality of information contained in the CPD and through web
enrollment pertaining to CCAP beneficiaries and approved providers.
4.12.7 CCAP
Payments to Approved Providers
A. To ensure that payment for
CCAP authorized child care expenses is made in the timeliest and most
efficient manner possible, the department has established
requirements related to attendance and the payment of allowable child
care expenses for CCAP authorized child care services.
B. Payment shall only be made
for CCAP authorized child care services during periods in which the
approved provider is open or available to provide services.
1. To determine the allowable
child care expense, certain information related to attendance is
required by DHS, as follows:
a. Billing Invoices and
Attendance Reports. An approved provider shall:
(1) Submit accurate billing
invoices to DHS, indicating the days and/or hours of attendance for
each eligible child, in the manner and for the time periods
prescribed in the DHS-CCAP Approved Provider Agreement; and
(2) Maintain daily attendance
records on-site, signed by the parent, for each eligible child, for a
minimum of three (3) years.
C. When a child is enrolled
with a licensed provider, DHS shall make payment for up to two (2)
weeks of CCAP authorized child care services per calendar year during
which an eligible child is absent and the parent authorizes payment.
1. Documentation of the
parent's authorization must be attached to the attendance report for
the period in which the absence occurred.
2. No payment shall be made
for periods of CCAP authorized services when the eligible child is
not in attendance once the two (2) week limit has been reached,
without the approval of the department.
D. Presence of the Provider at
the Care Site
1. During periods when
eligible children are receiving services, the provider or an approved
substitute caregiver must be present at all times.
2. For legal license exempt
providers, the approved substitute caregiver must be listed on the
provider's current application for CCAP Approval.
3. For licensed providers,
substitute caregivers must be approved by DCYF. In no case should the
approved provider listed on the application be absent for more than
three (3) hours in any one (1) week period, without prior approval of
the department.
E. If a provider has other
employment, the total hours the provider is permitted to work and
maintain CPD status, is fifteen (15) hours in a twenty-four (24) hour
period.
1. The fifteen (15) hour work
limit applies to all forms of employment combined, including the
hours spent providing CCAP services as well as while working at any
other job(s) or traveling to and from other employment.
F. For CCAP payment to be
made, an eligible child enrolled with an approved licensed provider
shall attend at least some portion of their CCAP authorized
enrollment each week, with the exception of the two (2) week allowed
absence described in § 4.12.7(C) of this Part.
1. Further, if a child attends
for significantly fewer hours than for the authorized hours for more
than two (2) week, the provider has the duty to update the child’s
enrollment utilizing the CCAP enrollment website.
2. License exempt providers
receive DHS payment only for services rendered. No payment is made to
license exempt providers when an eligible child is not receiving
care.
4.12.8
CCAP Payments
A. When making payment for
allowable child care expenses, the DHS Authorized Payment Rate for
Providers shall apply. The process for determining the DHS authorized
payment rate is as follows:
1. Licensed Approved
Providers.
a. The DHS authorized payment
rate shall be the actual rate the CCAP approved provider charges for
child care services as reported in the APRR, up to, but not to exceed
the DHS established payment rate as set forth in these rules.
b. The rate reported by each
provider on their APRR shall be equivalent to the lowest actual rate
charged for services delivered to any family by that provider.
c. If a provider offers
non-CCAP financial assistance of any type to non-CCAP assisted
families, the provider shall be required to substantiate that every
child is supported by a combination of funding that equals the same
rate reported to DHS on the APRR.
d. The provider shall also
identify the source of funds that support that assistance.
2. License exempt Approved
Providers.
a. The DHS authorized payment
rate shall be the CCAP Established Payment Rate as set forth in §
4.13 of this Part.
B. Changes in Licensed
Provider Rates.
1. All licensed providers
shall report any changes in the actual rates they charge to non-CCAP
assisted families as reported on the APRR.
2. Reductions in rates must be
reported at least thirty (30) days before the change takes place.
a. If a provider reports a
reduction in rates, the reduced rates shall be entered into the CPD
effective on the date that the change took place.
3. Increases in rates shall be
reported at least sixty (60) days before the change takes place. If a
provider reports an increase in rates, the increased rates shall be
entered into the CPD with an effective date.
4. The department will limit
rate increases for any provider in the CPD to no more than once in
any twelve (12) month period and all such changes shall take effect
in CCAP the first payroll period in July.
5. The Department has the
discretion, when deemed necessary, to delay or deny any changes
requested by the provider through the APRR.
6. In absence of submission of
a new APRR, the provider's actual rate charged shall be considered
that which is currently entered in the CPD.
7. When licensed providers
renew their approval status in the CCAP, a new APRR shall be
collected and entered into the CPD.
C. Payment of allowable child
care expenses for CCAP authorized services shall be made at the DHS
Authorized Payment Rate.
1. The terms and conditions
for payment of CCAP services are established in the DHS APA in
accordance with the requirements of R.I. Gen. Laws § 40-6.2-1.1 and
located in § 4.13 of this Part.
D. Billing Periods.
1. An approved provider shall
request payment for allowable child care expenses in the twelve (12)
month period that begins on the date the authorized services were
rendered.
2. In no case shall DHS make
payment for any child care services rendered more than one (1) year
prior to the date the approved provider requests payment.
E. Restrictions and
Limitations.
1. There shall be no more than
one (1) CCAP approved provider eligible to receive payment from DHS
for allowable child care expenses rendered at a specific site or
location at any one time.
a. In the case of license
exempt child care providers, no more than one (1) person living in
the household where CCAP child care services are provided shall be
permitted to obtain or retain active approved status at any one time.
2. Approved providers shall
not be paid for child care services rendered to children who live in
their households.
4.12.9
Periodic Provider Audits
A. DHS reserves the right to
conduct periodic audits of provider records and investigations of
provider operations relevant to provider approval, rate reporting,
billing invoices, attendance records, and accepting payments from
CCAP.
1. At the time an audit or
investigation is conducted, a designated representative of the
Department will review attendance and payment records of all children
currently enrolled and receiving child care services and all children
enrolled and receiving services during the two (2) years prior to the
audit or visit.
4.12.10
Quality Rating and Improvement System
A. Authority
1. Rhode Island’s Quality
Rating and Improvement System (QRIS) is established and administered
under the authority of the state and federal laws. Promulgated in
accordance with 45 C.F.R. Part 98 and R.I. Gen. Laws §§ 42-12-23
and 42-12-23.1.
B. Administration
1. DHS administers the Quality
Rating and Improvement System and partners with public and private
agencies that receive funding for the implementation of the QRIS,
including collecting and validating information, conducting
standardized observations, assigning quality ratings, and providing
quality improvement services.
C. Quality Rating and
Improvement System Requirements
1. The Quality Rating and
Improvement System is designed to set standards of excellence for
early care and education programs and school-age child care serving
children from birth through age 12, to assess and communicate the
level of quality in these programs, to provide a pathway to help
programs continually improve, and to serve as a bridge to align all
State-level early childhood programs under one common vision of
quality.
2. The Quality Rating and
Improvement System consists of five star level ratings that can be
earned by licensed early care and education programs and school-age
child care programs.
a. The Quality Rating and
Improvement System uses DCYF licensing standards as the foundational
star level for community-based programs, Basic Educational Program
(BEP) Standards as the foundational star level for school-based
programs, and has four star ratings above these licensing standards.
3. The Quality Rating and
Improvement System Standards (Health Safety and Nutrition; Enrollment
and Staffing; Staff Qualifications and Ongoing Professional
Development; Administration; Early Learning and Development; and
Family Engagement) each have indicators that must be achieved to earn
and maintain a star rating.
4. The Quality Rating and
Improvement System standards are organized as building blocks. In
order to reach a higher star level, programs must meet all of the
standards at that level and in all of the lower levels.
4.12.11
Participation
A. Eligible Programs
1. All early care and
education programs and school age child care programs as licensed
under R.I. Gen. Laws § 42-72.1, and approved under R.I. Gen. Laws §
48-16, including without limitation child care centers, family child
care homes, group family child care homes, school-age child care
programs and preschools, but excluding child placement agencies, are
eligible to participate in the Quality Rating and Improvement System.
B. Entry into the Quality
Rating and Improvement System for CCAP Approved Providers
1. Child care
programs/providers complete an application to participate in the
Quality Rating and Improvement System (QRIS), indicating their
desired star rating on the application.
2. Once the complete
application has been submitted and reviewed, QRIS staff may conduct
one or more unannounced site visits prior to awarding a program their
initial Star Rating.
3. Programs then need to
maintain that rating by
a. continuing to meet the
criteria as set out in the Quality Rating and Improvement System
Standards;
b. completing and submitting a
Quality Improvement Plan within 3 months of receiving their initial
star rating; and
c. completing and submitting
an annual report each year.
C. Award of Initial Star
Rating
1. By virtue of receiving DHS
CCAP approved child care provider status, all programs licensed by
DCYF will be exempt from submitting a formal application to the QRIS
for the purposes of receiving their initial star rating, and will
receive all benefits and advantages bestowed to programs
participating in the QRIS.
2. On November 1, 2013, all
licensed DHS CCAP-approved child care programs were automatically
awarded a temporary “Starting Star” designation within the QRIS.
Licensed programs that were already participating in the QRIS
maintained their star level status.
3. Effective April 1, 2014,
all of those “Starting Star” programs that did not receive, or
submit an application to receive, a star rating, will automatically
transition to a Star Level One designation.
4. Licensed programs receiving
CCAP approval after April 1, 2014 that are not yet participating in
the Quality Rating and Improvement System, shall be automatically
awarded a Star Level One designation.
D. Maintenance of QRIS Star
Rating
1. All CCAP-approved programs
must maintain a Star Level One designation or higher to continue
their CCAP-approval. Star Level One includes the submission of a
Quality Improvement Plan.
2. “Starting Star”
programs that were automatically transitioned to a Star Level One
designation on April 1, 2014 will have 6 months from their initial
star rating on April 1 (until October 1, 2014) to submit a Quality
Improvement Plan in order to maintain their rating.
a. Only those programs that
were awarded a temporary “Starting Star” will have 6 months to
submit a Quality Improvement Plan.
3. Licensed programs receiving
CCAP approval, and in turn a Star Level One designation, after April
1, 2014 will follow traditional QRIS policy, and must complete their
Quality Improvement Plan within 3 months of receiving their initial
star rating in order to maintain their rating.
4. All CCAP-approved programs
must also complete QRIS annual reporting requirements in order to
maintain their Star Level designation and continue their
CCAP-approval.
4.12.12
Quality Awards for CCAP Approved Providers Licensed by the RI
Department of Children, Youth and Families
A. The Department of Human
Services is authorized by R.I. Gen. Laws § 42-12-23 to implement
Quality Award payments.
1. These Quality Awards are
separate and distinct from DHS CCAP Subsidy payments.
B. The purpose of the Quality
Awards is to encourage and support programs to reach and maintain the
highest levels of quality as part of Rhode Island’s Quality Rating
and Improvement System. For DHS CCAP Approved Providers who meet the
eligibility criteria, an established monthly Quality Award will be
made to the program.
1. Quality Award payments will
be made directly to the program no less than monthly, starting in
August 2013. Quality Award payment beginning in August will include
payments for the month of July 2013 for those deemed eligible.
2. Programs will be required
to provide a certified Quality Award Request Form to the Department
documenting the number of enrolled children that met the eligibility
criteria for this payment, within ten (10) business days of the first
of each month.
3. A Quality Award Summary
Report indicating how the award was utilized will be required at
least quarterly.
4. DHS will conduct periodic
audits to verify data supplied as part of the Quality Award Request
and/or the Quality Award Summary Report.
4.12.13
Quality Award Payment Amount
A. The Quality Award amount
will be determined based on a two-part award structure:
1. Base Award - Eligible
Programs will receive up to $500 per year, per child age birth
through 5 years, based on the Star Level Rating of the program
2. CCAP Infant-Toddler
Incentive - Eligible Programs will receive up to $500 per year, per
CCAP eligible child age birth through 3 years based on the quality
rating of the program.
B. At no time shall a program
receive an award based on a per child calculation that exceeds their
DCYF licensed capacity for children under 6 (infants, toddlers, and
preschoolers).
C. Children ages 6 and older,
or 5 years or older and enrolled in Kindergarten, will not be
included in the calculation of the Quality Award Payment.
4.12.14
Program Eligibility for Quality Awards
A. Programs must participate
in the Quality Rating and Improvement System.
B. Programs must have reached
a Star Level Rating of 3, 4, or 5.
C. Effective October 1, 2014,
programs must have at least 10% of their enrollment made up of CCAP
eligible children, either as a percentage of total capacity, or as a
percentage of the enrollment of children age birth through 5 years.
Programs can also be eligible if they have CCAP children enrolled in
their enrolled in their program and are able to demonstrate that at
least 10% of their capacity serves children from families that are
low income (less than 200% of the FPL.)
D. Program must be in
compliance with DCYF licensing regulations to receive a Quality
Award.
E. Programs operating based on
the School year will be ineligible for awards during the months of
July and August.
4.12.15
Quality Rating and Improvement System Standards
A. The following shall serve
as the QRIS standards for Child Care Centers and Preschool Programs:
1. DOMAIN ONE: HEALTH, SAFETY
AND NUTRITION
DOMAIN ONE: HEALTH,
SAFETY AND NUTRITION
Daily activities and
interaction show that the program is providing a safe, healthy and
stimulating environment. The program provides for indoor and
outdoor space to support varied and enriching experiences for
children. Daily interactions demonstrate that staff respect, care
for and enjoy working with children. The program supports the
inclusion of children with disabilities and developmental delays,
response to the cultural and linguistic diversity of the
population it serves, and promotes the acceptance of diversity
among staff, families and children.
STAR LEVEL ONE
Valid DCYF License
Community Based Programs
OR
BEP Compliance
(Public Schools
compliance with all critical areas of health and safety in BEP)
STAR LEVEL TWO
Compliance with DCYF
Licensing Regulations
OR
BEP Compliance
Learning Environment
-Approved Environment
Assessment Training
-Approved Environment
Self-assessment, including materials, routines, and activities
that promote play and learning
STAR LEVEL THREE
Compliance with DCYF
Licensing Regulations
OR
BEP Compliance
Learning Environment
Average ERS-R score of
3.0 or greater, with no observed classroom score less than 2.5
STAR LEVEL FOUR
Compliance with DCYF
Licensing Regulations
OR
BEP Compliance
Learning Environment
Average ERS-R score of
4.0 or greater, with no observed classroom score less than 3.0
STAR LEVEL FIVE
Compliance with DCYF
Licensing Regulations
OR
BEP Compliance
Learning Environment
Average ERS-R score of
5.0 or greater, with no classroom score less than 3.0
2. DOMAIN TWO:
a. ENROLLMENT AND STAFFING
MINIMUM - STAFF-CHILD RATIO*
DOMAIN TWO: ENROLLMENT
AND STAFFING MINIMUM - STAFF-CHILD RATIO*
The program has enough
staff members at all times to supervise the children and to
support early learning and development. This standard reiterates
what is expected of programs through compliance with licensing.
*Unless federal or state
law requires more stringent ratios or when determined to be
appropriate considering student behavioral, health or educational
needs.
STAR LEVEL ONE
Staff Child Ratios
Community Based Programs
DCYF Child Care Center
Regulations require:
1:4 for infants (6 weeks
to 18 months)
1:6 for toddlers (18 to
36 months)
1:9 for three year olds
1:10 for four year olds
1:12 for five year olds
OR
Public Schools Current
RI Special Education Regulations require a minimum of 2:15 for
preschoolers in inclusive/integrated classrooms.
STAR LEVEL TWO
Compliance with Staff
Child Ratios
AND
Staff-Child Ratio Posted
Minimum staff child
ratio is clearly posted for each group of children.
STAR LEVEL THREE
Compliance with Staff
Child Ratios
AND
Staff-Child Ratio Posted
Minimum staff child
ratio is clearly posted for each group of children.
STAR LEVEL FOUR
Compliance with Staff
Child Ratios
AND
Staff-Child Ratio Posted
Minimum staff child
ratio is clearly posted for each group of children.
STAR LEVEL FIVE
Compliance with Staff
Child Ratios
AND
Staff-Child Ratio Posted
Minimum staff child
ratio is clearly posted for each group of children.
b. Enrollment and Staffing
Maximum Group Size
DOMAIN TWO: ENROLLMENT
AND STAFFING MAXIMUM GROUP SIZE*
Maximum group size is
determined by the number of children cared for by a caregiver or
group of caregivers in a classroom or designated area. Measuring
group size ensures that children are cared for in a small group,
separate from other groups of children in order to promote the
development of stable, positive relationships and to prevent the
spread of disease. This standard reiterates what is expected of
programs through compliance with DCYF Licensing or the BEP for
group size.
*Unless federal or state
law requires more stringent group size or when determined to be
appropriate considering student behavioral, health or educational
needs.
STAR LEVEL ONE
Compliance
with Group Size
Community Based Programs
Child Care Center
Regulations limit group size to a maximum of:
8 infants (6 weeks to 18
months)
12 toddlers (18 to 36
months)
18 three year olds
20 four year olds
24 five year olds
DCYF Requirement:
Programs serving mixed
age groupings shall meet the staff/child ratio and group size
requirements for the youngest child in the group.
OR
Public Schools:
Current RI Special
Education Regulations require a maximum group size of 15
preschoolers in inclusive/integrated classrooms.
STAR LEVEL TWO
Compliance with Group
Size
AND
Group Size Posted
Maximum group size is clearly posted for each group of children.
STAR LEVEL THREE
Compliance with Group
Size
AND
Group Size Posted
Maximum group size is clearly posted for each group of children.
STAR LEVEL FOUR
Compliance with Group
Size
AND
Group Size Posted
Maximum group size is clearly posted for each group of children.
STAR LEVEL FIVE
Compliance with Group
Size
AND
Group Size Posted
Maximum group size is clearly posted for each group of children.
3. Domain Three - Staff
Qualifications & Ongoing Professional Development
a. Teacher Qualifications
DOMAIN THREE: STAFF
QUALIFICATIONS & ONGOING PROFESSIONAL DEVELOPMENT - TEACHER
QUALIFICATIONS
Each group of children
shall have a teacher who works under the supervision and guidance
of the Education Coordinator to care for the children and
implement the classroom curriculum. The teacher has the formal
education and professional preparation to work with children in
their assigned age group.
STAR LEVEL ONE
Valid DCYF License
Community Based Programs
OR
BEP Compliance
Public Schools
STAR LEVEL TWO
Professional Development
Plans
All teachers have a
written individual professional development plan aligned with the
Workforce Knowledge and Competencies.
STAR LEVEL THREE
Professional Development
Plans
All teachers have a
written individual professional development plan aligned with the
Workforce Knowledge and Competencies.
AND
Formal Education
At least 75% of teachers
have:
a CDA and 9 college
credits in ECE/related field
OR
12 college credits in
ECE/related field.
STAR LEVEL FOUR
Professional Development
Plans
All teachers have a
written individual professional development plan aligned with the
Workforce Knowledge and Competencies.
AND
Formal Education
At least 75% of teachers
have:
A minimum of 12 college
credits in ECE/related field.
Of these teachers, at
least 25% have:
an AA degree/higher
OR
60 college credits.
AND
RI Early Learning and
Development Training
50% of teachers have a
RIELDS Certificate relevant to this position.
STAR LEVEL FIVE
Professional Development
Plans
All teachers have a
written individual professional development plan aligned with the
Workforce Knowledge and Competencies.
AND
Formal Education
At least 75% of teachers
have:
An AA degree or higher
and 24 college credits in ECE/related field.
Of these, 50% of
preschool teachers have:
A BA degree or higher
and 24 college credits in ECE/relate d field.
AND
RI Early Learning and
Development Training
75% of teachers have a
RIELDS Certificate relevant to this position.
b. Program Leadership
DOMAIN THREE: STAFF
QUALIFICATIONS ANDONGOING PROFESSIONAL DEVELOPMENT -
PROGRAM LEADERSHIP
The Program
Administrator is responsible for overall operations and compliance
with licensing regulations. The Education Coordinator is
responsible for the development and implementation of the early
learning and development program, including classroom curriculum,
organization of children’s groups, and staff performance. These
roles may be stand-alone positions, or done by the same person,
depending on the size of the program.
STAR LEVEL ONE
Administrator
Valid DCYF License
Community Based Programs
OR
BEP Compliance
Public Schools
Education Coordinator
Valid DCYF License
Community Based Program
OR
BEP Compliance
Public Schools
STAR LEVEL TWO
Administrator
Compliance with DCYF
Licensing Regulations
Community Based Programs
OR
BEP Compliance
Public Schools
Education Coordinator
Compliance with DCF
Licensing Regulations
Community Based Programs
OR
BEP Compliance
Public Schools
STAR LEVEL THREE
Administrator
Formal Education
The administrator has an
Associate’s Degree or higher.
Education Coordinator
Rhode Island Early
Learning and Development Training
The Education
Coordinator has a RIELDS Certificate relevant to this position.
STAR LEVEL FOUR
Administrator
Formal Education
The administrator has a
Bachelor’s Degree or higher AND 6 credits in ECE/related field.
AND
Rhode Island Early
Learning and Development Training
The administrator has a
RI Early Learning and Development Standards Certificate relevant
to this position.
Education Coordinator
Rhode Island Early
Learning and Development Training
The Education
Coordinator has a RIELDS Certificate relevant to this position.
STAR LEVEL FIVE
Administrator
Formal Education
The administrator has a
Bachelor’s Degree or higher
AND
12 credits in
ECE/related field.
AND
Rhode Island Early
Learning and Development Training
The administrator has a
RI Early Learning and Development Standards Certificate relevant
to this position.
Education Coordinator
Rhode Island Early
Learning and Development Training
The Education
Coordinator has a RIELDS Certificate relevant to this position.
4. Domain Four: Administration
DOMAIN FOUR:
ADMINISTRATION-CONTINUOUS QUALITY IMPROVEMENT
The program conducts a
comprehensive self-assessment, at least once a year, to assess
compliance with regulations and standards and to determine its
effectiveness in meeting the needs of the children and families it
serves. The program then uses this information to create program
goals to continually improve quality and documents progress
towards achieving these goals.
STAR LEVEL ONE
Valid DCYF License
Community- based Program
OR
BEP Compliance
Public Schools
AND
Quality Improvement Plan
The program develops and
implements an annual quality improvement plan that includes all
BrightStars domains.
STAR LEVEL TWO
Program Self- Assessment
The program administers
a comprehensive self- assessment which includes at least 2 sources
of evidence such as:
monitoring reports,
child assessment
information,
family survey,
staff professional
development plans,
board survey; etc.
AND
Approved Environmental
Self-Assessment
AND
Quality Improvement Plan
The program develops and
implements an annual quality improvement plan that includes all
BrightStars domains and is informed by the multiple sources of
evidence used in the program self- assessment.
STAR LEVEL THREE
Program Self- Assessment
The program administers
a comprehensive self-assessment which includes at least 2 sources
of evidence such as:
monitoring reports,
child assessment
information,
family survey,
staff professional
development plans,
board survey; etc.
AND
ERS-R Observations in
1/3 of classrooms
AND
Quality Improvement Plan
The program develops and
implements an annual quality improvement plan that includes all
BrightStars domains and is informed by the multiple sources of
evidence used in the program self- assessment.
STAR LEVEL FOUR
Program Self- Assessment
The program administers
a comprehensive self-assessment which includes at least 3 sources
of evidence such as:
monitoring reports,
child assessment
information,
family survey,
staff professional
development plans,
board survey; etc.
AND
ERS-R Observations in
1/3 of classrooms
Approved Teacher-Child
Interaction Self- Assessment
AND
Quality Improvement Plan
The program develops and
implements an annual quality improvement plan that includes all
BrightStars domains and is informed by the multiple sources of
evidence used in the program self- assessment.
STAR LEVEL FIVE
Program Self- Assessment
The program administers
a comprehensive self-assessment which includes at least 3 sources
of evidence such as:
monitoring reports,
child assessment
information,
staff professional
development plans,
board survey; etc.
AND
ERS-R Observations in
1/3 of classrooms
CLASS Observation in 1/3
of classrooms
Family Survey Results
AND
Quality Improvement Plan
The program develops and
implements an annual quality improvement plan that includes all
BrightStars domains and is informed by the multiple sources of
evidence used in the program self- assessment.
5. Domain Five: Early Learning
and Development
a. Curriculum
DOMAIN FIVE: EARLY
LEARNING AND DEVELOPMENT CURRICULUM
The program uses a
curriculum or curriculum framework, aligned to the Rhode Island
Early Learning and Development Standards (RIELDS), for all age
groups served, including infants and toddlers. Teaching staff
have positive emotional connections with children and respond
appropriately to individual children’s early learning and
development needs. Classroom schedules and routines maximize time
spent in early learning and development activities. The program
provides many opportunities for children to learn and practice
skills in all domains of the Rhode Island Early Learning and
Development Standards.
STAR LEVEL ONE
Valid DCYF License
Community Based Programs
OR
BEP Compliance
Public Schools
STAR LEVEL TWO
Written Curriculum
Compliance with DCYF
Licensing Regulations
OR
BEP Compliance
AND
Learning Environment
(measured in Domain 1)
Approved Environment
Assessment Training
Approved Environment
Self Assessment, including materials, routines, and activities
that promote play and learning.
STAR LEVEL THREE
Written
Curriculum
Curriculum aligned with the RIELDS
OR
Compliance with Head
Start Performance Standards related to curriculum
OR
NAEYC Accreditation
AND
Learning Environment
(measured in Domain 1) Average ERS-R score of 3.0 or greater, with
no observed classroom score less than 2.5.
AND
RIELDS Training
(measured in Domain 3)
The educational leader
has a RIELDS Certificate relevant to the position
STAR LEVEL FOUR
Written Curriculum
Curriculum aligned with
the RIELDS
OR
Compliance with Head
Start Performance Standards related to curriculum.
OR
NAEYC Accreditation
AND
Learning Environment
(measured in Domain 1)
Average ERS-R score of
4.0 or greater, with no observed classroom score less than 3.0
AND
RIELDS Training
(measured in Domain 3)
The educational leader
has a RIELDS Certificate relevant to this position
AND
50% of teachers have a
RIELDS Certificate relevant to this position.
AND
Teaching and Interaction
Approved Teacher-Child
Interaction Professional Development
Approved Teacher-Child
Interaction Self- Assessment, including emotional support,
classroom organization and instructional support.
STAR LEVEL FIVE
Written Curriculum
Curriculum and
curriculum framework aligned with the RIELDS
OR
Compliance with Head
Start Performance Standards related to curriculum.
OR
NAEYC Accreditation
AND
Learning Environment
(measured in Domain 1)
Average ERS-R score of
5.0 or greater, with no observed classroom score less than 3.0.
AND
RIELDS Training
(measured in Domain 3)
The educational leader
has a RIELDS Certificate relevant to this position.
AND
75% of teachers have a
RIELDS Certificate relevant to this position.
AND
Teaching and Interaction
CLASS Observations in
1/3 of classrooms.
b. Child Assessment
DOMAIN FIVE: EARLY
LEARNING AND DEVELOPMENT-CHILDASSESSMENT
The program connects
families to developmental screenings for their children, and
systematically and routinely gathers information about each child
in order to meet the individual needs of children and provide
differentiated learning experiences.
STAR LEVEL ONE
Valid DCYF License
Community- based
Programs
OR
BEP Compliance
Public Schools
STAR LEVEL TWO
Developmental Screening
Info
The program provides
written information to families about developmental screenings
available through health care settings and/or Child Outreach.
STAR LEVEL THREE
Developmental Screening
Info The program provides written information to families about
developmental screenings available through health care settings
and/or Child Outreach.
STAR LEVEL FOUR
Developmental Screening
Info The program provides written information to families about
developmental screenings available through health care settings
and/or Child Outreach.
AND
Child Assessment The
program gathers information about each child using 2 or more
methods (e.g., child observation, checklists, family surveys/
interviews) to inform classroom instruction.
OR
Compliance with Head
Start Performance Standards related to Child Assessment
OR
NAEYC Accreditation.
STAR LEVEL FIVE
Developmental Screening
Info
The program provides
written information to families about developmental screenings
through health care settings.
AND
Collaborates with Child
Outreach to provide on-site developmental screenings or provides
families with specific dates and locations.
AND
Child Assessment The
program gathers information about each child using 3 or more
methods (e.g., child observation, checklists, family surveys/
interviews) to inform classroom instruction.
OR
Compliance with Head
Start Performance Standards related to Child Assessment.
OR
NAEYC Accreditation
AND
The program uses valid
and reliable assessment tools to inform curriculum planning.
c. Inclusive Classroom
Practices
DOMAIN FIVE: EARLY
LEARNING AND DEVELOPMENT-INCLUSIVECLASSROOMPRACTICES
The program supports the
inclusion of children with disabilities and developmental delays,
and uses self- assessments to reflect on inclusivity within their
classroom practices.
STAR LEVEL ONE
Valid DCYF License
Community Based Programs
OR
BEP Compliance
Public Schools
STAR LEVEL TWO
Compliance with DCYF
Licensing Regulations
Community Based Programs
OR
BEP Compliance
Public Schools
AND
Program provides written
information to families about Early Intervention and/or Preschool
Special Education Services.
STAR LEVEL THREE
Written Program
Philosophy
The program welcomes
children and families of all abilities, modifies the program,
makes reasonable accommodations, and collaborates with key
partners to support children with developmental delays and
disabilities in inclusive/integrated classroom settings.
OR
Compliance with Head
Start Performance Standards related to Child Assessment
AND
Program provides written
information to families about Early Intervention and/or Preschool
Special Education Services.
STAR LEVEL FOUR
Written Program
Philosophy
The program welcomes
children and families of all abilities, modifies the program,
makes reasonable accommodations, and collaborates with key
partners to support children with developmental delays and
disabilities in inclusive/integrated classroom settings.
OR
Compliance with Head
Start Performance Standards related to Child Assessment
AND
Program provides written
information to families about Early Intervention and/or Preschool
Special Education Services.
STAR LEVEL FIVE
Written Program
Philosophy
The program welcomes
children and families of all abilities, modifies the program,
makes reasonable accommodations, and collaborates with key
partners to support children with developmental delays and
disabilities in inclusive/integrated classroom settings.
OR
Compliance with Head
Start Performance Standards related to Child Assessment
AND
Program provides written
information to families about Early Intervention and/or Preschool
Special Education Services.
AND
Staff Release Time
Program makes staff
available to collaborate with IEP/IFSP teams by attending
meetings, participating in relevant training, and/or sharing
information (e.g., child assessment results) to support children
with developmental delays or disabilities and their families.
6. Domain Six: Family
Engagement
DOMAIN SIX: FAMILY
ENGAGEMENT-FAMILY COMMUNICATION AND INVOLVEMENT
The program communicates
regularly with families by engaging in two-way communication with
families, offering ongoing opportunities for family involvement,
and working to build partnerships with families.
STAR LEVEL ONE
Valid DCYF License
Community Based Programs
OR
BEP Compliance
Public Schools
STAR LEVEL TWO
Family Communication
Program offers two or
more of the following:
Monthly newsletter
Family meeting, social
event, or workshop (four times per year)
Ideas and suggestions to
support learning at home (four times per year)
Annual family survey
Support parents in
transitioning children in/out and within program
Connect families with
community services, as needed
OR
Compliance with Head
Start Performance Standards related to Family Engagement
OR
NAEYC Accreditation
STAR LEVEL THREE
Family Communication
Program offers two or
more of the following:
Monthly newsletter
Family meeting, social
event, or workshop (four times per year)
Ideas and suggestions to
support learning at home (four times per year)
Annual family survey
Support parents in
transitioning children in/out and within program
Connect families with
community services, as needed
AND
Family/Teacher
Conference Offered twice per year
OR
Compliance with Head
Start Performance Standards related to Family Engagement
OR
NAEYC Accreditation
STAR LEVEL FOUR
Family Communication
Program offers two or more of the following:
Monthly newsletter
Family meeting, social
event, or workshop (four times per year)
Ideas and suggestions to
support learning at home (four times per year)
Support parents in
transitioning children in/out and within program
Connect families with
community services, as needed
AND
Conducts an Annual
Family Survey
AND
Family/Teacher
Conference Offered twice per year
OR
Compliance with Head
Start Performance Standards related to Family Engagement
OR
NAEYC Accreditation
STAR LEVEL FIVE
Family Communication
Program offers three or more of the following:
Monthly newsletter
Family meeting, social
event, or workshop (four times per year)
Ideas and suggestions to
support learning at home (four times per year)
Support parents in
transitioning children in/out and within program
Connect families with
community services, as needed
AND
Conducts an Annual
Family Survey
AND
Family/Teacher
Conference Offered twice per year
AND
Advisory Board
An advisory board that
includes families meets 4 times per year
OR
Compliance with Head
Start Performance Standards related to Family Engagement
OR
NAEYC Accreditation
B. The following shall serve
as the Quality Rating and Improvement System Standards for Family
Child Care Homes:
1. Domain One: Health, Safety
and Nutrition
DOMAIN ONE: HEALTH,
SAFETY AND NUTRITION-LEARNING ENVIRONMENT
Daily activities and
interaction show that the program is providing a safe, healthy and
stimulating environment. The program provides for indoor and
outdoor space to support varied and enriching experiences for
children. Daily interactions demonstrate that the educator
respects, cares for and enjoys working with children. The program
supports the inclusion of children with disabilities and
developmental delays, responds to the cultural and linguistic
diversity of the population it serves, and promotes the acceptance
of diversity among families and children.
STAR LEVEL ONE
Valid DCYF License
Compliance in all
critical areas of licensing.
OR
DCYF Licensing
Compliance with an approved variance
STAR LEVEL TWO
Compliance with DCYF
Licensing Regulations
AND
Learning Environment
Approved Environment Assessment Training
Approved Environment
Self- Assessment, including materials, routines, and activities
that promote play and learning
STAR LEVEL THREE
Compliance with DCYF
Licensing Regulations
AND
Learning Environment
FCCERS-R score of 3.0 or
greater.
STAR LEVEL FOUR
Compliance with DCYF
Licensing Regulations
AND
Learning Environment
FCCERS-R score of 4.0 or
greater.
STAR LEVEL FIVE
Compliance with DCYF
Licensing Regulations
AND
Learning Environment
FCCERS-R score of 5.0 or
greater.
2. Domain Two: Enrollment and
Staffing
DOMAIN TWO: ENROLLMENT
AND STAFFING MINIMUM-STAFF-CHILD RATIO
Program has enough staff
members at all times to supervise the children and to support
early learning and development. This standard reiterates what is
expected of programs through compliance with DCYF Licensing for
staff child ratios.
*Unless federal or state
law requires more stringent ratios or when determined to be
appropriate considering student behavioral, health or educational
needs.
STAR LEVEL ONE
Staff Child Ratios
Family Child Care
Regulations require:
1:6; 2:8 and 2:12
STAR LEVEL TWO
Compliance with Staff
Child Ratios
AND
Staff-Child Ratio Posted
Minimum staff child
ratio is clearly posted.
STAR LEVEL THREE
Compliance with Staff
Child Ratios
AND
Staff-Child Ratio Posted
Minimum staff child
ratio is clearly posted.
STAR LEVEL FOUR
Compliance with Staff
Child Ratios
AND
Staff-Child Ratio Posted
Minimum staff child
ratio is clearly posted.
STAR LEVEL FIVE
Compliance with Staff
Child Ratios
AND
Staff-Child Ratio Posted
Minimum staff child
ratio is clearly posted.
3. Domain Three: Staff
Qualifications and Ongoing Professional Development
DOMAIN THREE: STAFF
QUALIFICATIONS & ONGOING PROFESSIONAL DEVELOPMENT-
EDUCATOR QUALIFICATIONS
The Educator has the
formal education and professional preparation to work with
children.
STAR LEVEL ONE
Valid DCYF License
STAR LEVEL TWO
Professional Development
Plan
Educator has a written
individual professional development plan aligned with the
Workforce Knowledge and Competencies.
STAR LEVEL THREE
Professional Development
Plan
Educator has a written
individual professional development plan aligned with the
Workforce Knowledge and Competencies.
AND
Formal Education
Educator has:
CDA plus 9 college
credits in ECE/related field.
OR
12 college credits in
ECE/related field.
STAR LEVEL FOUR
Professional Development
Plan
Educator has a written
individual professional development plan aligned with the
Workforce Knowledge and Competencies.
AND
Formal Education
Educator has 12 college credits in ECE/related field.
AND
RIELDS Training
The provider has a
RIELDS Certificate relevant to this position.
STAR LEVEL FIVE
Professional Development
Plan
Educator has a written
individual professional development plan aligned with the
Workforce Knowledge and Competencies.
AND
Formal Education
Educator has:
An AA Degree/higher
AND
24 college credits in
ECE/related
AND
RIELDS Training
The provider has a
RIELDS Certificate relevant to this position.
4. Domain Four: Administration
DOMAIN FOUR:
ADMINISTRATION - CONTINUOUS QUALITY IMPROVEMENT
The program conducts a
comprehensive self-assessment, at least once a year, to assess
compliance with regulations and standards and to determine its
effectiveness in meeting the needs of the children and families it
serves. The program then uses this information to create program
goals to continually improve quality and documents progress
towards achieving these goals.
STAR LEVEL ONE
Valid DCYF License AND
Quality Improvement Plan
The program develops and
implements an annual quality improvement plan that includes all
BrightStars domains.
STAR LEVEL TWO
Program Self- Assessment
The program administers
a comprehensive self-assessment which includes at least two
sources of evidence such as: monitoring reports, child assessment
information, family survey, professional development plan
AND
Approved Environmental
Self- Assessment
AND
Quality Improvement Plan
The program develops and
implements an annual quality improvement plan that includes all
BrightStars domains and is informed by the multiple sources of
evidence used in the program self-assessment.
STAR LEVEL THREE
Program Self- Assessment
The program administers
a comprehensive self-assessment which includes at least two
sources of evidence such as: monitoring reports,
child assessment
information, family survey, professional development plan
AND
FCCERS-R Observation
AND
Quality Improvement Plan
The program develops and
implements an annual quality improvement plan that includes all
BrightStars domains and is informed by the multiple sources of
evidence used in the program self-assessment.
STAR LEVEL FOUR
Program Self- Assessment
The program administers
a comprehensive self-assessment which includes at least 3 sources
of evidence such as: monitoring reports,
child assessment
information, family survey, professional development plan
AND
FCCERS-R Observation
AND
Quality Improvement Plan
The program develops and
implements an annual quality improvement plan that includes all
BrightStars domains and is informed by the multiple sources of
evidence used in the program self-assessment.
STAR LEVEL FIVE
Program Self- Assessment
The program administers
a comprehensive self-assessment which includes at least 3 sources
of evidence such as: monitoring reports,
child assessment
information, family survey, professional development plan
AND
FCCERS-R Observation
Family Survey Results
AND
Quality Improvement Plan
The program develops and
implements an annual quality improvement plan that includes all
BrightStars domains and is informed by the multiple sources of
evidence. used in the program self- assessment.
5. Domain Five: Early Learning
and Development
a. Curriculum
DOMAIN FIVE: EARLY
LEARNING DEVELOPMENT CURRICULUM
The program uses a
curriculum or curriculum framework, aligned to the Rhode Island
Early Learning and Development Standards, for all age groups
served, including infants and toddlers. Educators have positive
emotional connections with children and respond appropriately to
individual children’s early learning and development needs.
Program schedules and routines maximize time spent in early
learning and development activities. The program provides many
opportunities for children to learn and practice skills in all
domains of the Rhode Island Early Learning and Development
Standards.
STAR LEVEL ONE
Valid DCYF License
STAR LEVEL TWO
Written Curriculum
Compliance with DCYF
Licensing Regulations
AND
Learning Environment
(Measured in Domain 1)
Approved Environmental
Assessment Training
Approved Environmental
Self- Assessment, including materials, routines, and activities
that promote play and learning
STAR LEVEL THREE
Written Curriculum
Curriculum aligned with
the RI Early Learning and Development Standards
AND
Learning Environment
(Measured in Domain 1)
FCCERS-R score of 3.0 or
greater.
STAR LEVEL FOUR
Written Curriculum
Curriculum aligned with
the RI Early Learning and Development Standards
AND
Learning Environment
(Measured in Domain 1)
FCCERS-R score of 4.0 or
greater
AND
Rhode Island Early
Learning and Development Training (Measured in Domain 3)
The educator has a RI
Early Learning and Development Standards Certificate relevant to
this position.
STAR LEVEL FIVE
Written Curriculum
Curriculum and
curriculum framework aligned with the RI Early Learning and
Development Standards AND
Learning Environment
(Measured in Domain 1) FCCERS-R score of 5.0 or greater
AND
Rhode Island Early
Learning and Development Training (Measured in Domain 3)
The educator has a RI
Early Learning and Development Standards Certificate relevant to
this position.
b. Child Assessment
DOMAIN FIVE: EARLY
LEARNING AND DEVELOPMENT - CHILD ASSESSMENT
The program connects
families to developmental screenings for their children, and
systematically and routinely gathers information about each child
in order to meet the individual needs of children and provide
differentiated learning experiences.
STAR LEVEL ONE
Valid DCYF License
STAR LEVEL TWO
Developmental Screening
Info
The program provides
written information to families about developmental screenings
available through health care settings and/or Child Outreach.
STAR LEVEL THREE
Developmental Screening
Info
The program provides
written information to families about developmental screenings
available through health care settings and/or Child Outreach.
STAR LEVEL FOUR
Developmental Screening
Info
The program provides
written information to families about developmental screenings
available through health care settings and/or Child Outreach.
AND
Child Assessment
The program gathers
information about each child using 2 or more methods (e.g. child
observation, checklists, family surveys/interviews,) to inform
instruction.
STAR LEVEL FIVE
Developmental Screening
Info
The program provides
written information to families about developmental screenings
through health care settings.
AND
Collaborates with Child
Outreach to provide on-site developmental screenings or provides
parents with specific dates and locations.
AND
Child Assessment
The program gathers
information about each child using 3 or more methods (e.g. child
observation, checklists, family surveys/interviews,) to inform
instruction.
AND
The program uses valid
and reliable assessment tools to inform curriculum planning.
c. Inclusive Classroom
Practices
DOMAIN FIVE: EARLY
LEARNING AND DEVELOPMENT - INCLUSIVE CLASSROOM PRACTICES
The program supports the
inclusion of children with disabilities and developmental delays.
STAR LEVEL ONE
Valid DCYF License
STAR LEVEL TWO
Compliance with DCYF
Licensing Regulations
AND
Program provides written
information to families about Early Intervention and/or Preschool
Special Education Services.
STAR LEVEL THREE
Written Program
Philosophy
The program welcomes
children and families of all abilities, modifies
the program, makes
reasonable accommodations, and collaborates with key partners to
support children with developmental delays and disabilities in
inclusive/integrated classroom settings.
AND
Program provides written
information to families about Early Intervention and/or Preschool
Special Education Services.
STAR LEVEL FOUR
Written Program
Philosophy
The program welcomes
children and families of all abilities, modifies the program,
makes reasonable accommodations, and collaborates with key
partners to support children with developmental delays and
disabilities in inclusive/integrated classroom settings. AND
Program provides written
information to families about Early Intervention
and/or Preschool Special
Education Services.
STAR LEVEL FIVE
Written Program
Philosophy
The program welcomes
children and families of all abilities, modifies the program,
makes reasonable accommodations, and collaborates with key
partners to support children with developmental delays and
disabilities in inclusive/integrated classroom settings.
AND
Program provides written
information to families about Early Intervention and/or Preschool
Special Education Services.
AND
Educator Release/Support
Time
Educators are available
to collaborate with IEP/IFSP teams by attending meetings,
participating in relevant training, and/or sharing information
(e.g., child assessment results) to support children with
developmental delays or disabilities and their families.
6. Domain Six: Family
Engagement
DOMAIN SIX: FAMILY
ENGAGEMENT - FAMILY COMMUNICATION AND INVOLVEMENT
The program communicates
regularly with families by engaging in two-way communication with
families, offering ongoing opportunities for family involvement,
and working to build partnerships with families.
STAR LEVEL ONE
Valid DCYF License
STAR LEVEL TWO
Family Communication
Program offers two or more of the following:
Monthly newsletter
Family meeting, social
event, or workshop (four times per year)
Ideas and suggestions to
support learning at home (four times per year)
Annual family survey
Support parents in
transitioning children in/out and within program
STAR LEVEL THREE
Family Communication
Program offers two or more of the following:
Monthly newsletter
Family meeting, social
event, or workshop (four times per year)
Ideas and suggestions to
support learning at home (four times per year)
Annual family survey
Support parents in
transitioning children in/out and within of program
AND
Family Conference
Offered twice per year
STAR LEVEL FOUR
Family Communication
Program offers two or more of the following:
Monthly newsletter
Family meeting, social
event, or workshop (four times per year)
Ideas and suggestions to
support learning at home (four times per year)
Support parents in
transitioning children in/out and within of program
AND
Conducts an Annual
Family Survey
AND
Family Conference
Offered twice per year
STAR LEVEL FIVE
Family Communication
Program offers three or more of the following:
Monthly newsletter
Family meeting, social
event, or workshop (four times per year)
Ideas and suggestions to
support learning at home (four times per year)
Support parents in
transitioning children in/out and within of program
AND
Conducts an Annual
Family Survey
AND
Family Conference
Offered twice per year
C. The following shall service
as the Quality Rating and Improvement System Standards for School Age
Programs:
1. Domain One: Health, Safety
and Nutrition
DOMAIN ONE: HEALTH,
SAFETY AND NUTRITION
Daily activities and
interaction show that the program is providing a safe, healthy and
stimulating environment. The program provides for indoor and
outdoor space to support varied and enriching experiences for
children. Daily interactions demonstrate that staff respect, care
for and enjoy working with children. The program supports the
inclusion of children with disabilities and developmental delays,
responds to the cultural and linguistic diversity of the
population it serves, and promotes the acceptance of diversity
among staff, families and children.
STAR LEVEL ONE
Valid DCYF License
STAR LEVEL TWO
Compliance with DCYF
Licensing Regulations
AND
Learning Environment
Comprehensive
self-assessment
STAR LEVEL THREE
Compliance with DCYF
Licensing Regulations
AND
Learning Environment
Average SACERS score/s
of 3.0 or greater, with no observed group SACERS score less than
2.5
OR
COA After School
Recognition
STAR LEVEL FOUR
Compliance with DCYF
Licensing Regulations
AND
Learning Environment
Average SACERS score/s
of 4.0 or greater, with no observed group SACERS score less than
3.0
OR
COA After School
Recognition
STAR LEVEL FIVE
Compliance with DCYF
Licensing Regulations
AND
Learning Environment
Average SACERS score/s
of 5.0 or greater, with no observed group SACERS score less than
3.0
OR
COA After School
Recognition
2. Domain Two: Enrollment and
Staffing
a. Staff-Child Ratio
DOMAIN TWO: ENROLLMENT
AND STAFFING MINIMUM - STAFF-CHILD RATIO
The program has enough
staff members at all times to supervise the children and to
support learning and development. This standard reiterates what is
expected of programs through compliance with DCYF licensing.
*Unless federal or state
law requires more stringent ratios or when determined to be
appropriate considering student behavioral, health or educational
needs.
STAR LEVEL ONE
Compliance with
Staff-child ratios
AND
School-age program
licensing requires a staff-child ratio of one adult to thirteen
children be maintained.
STAR LEVEL TWO
Compliance with
Staff-child ratios
AND
Staff-Child Ratio Posted
Minimum staff-child
ratio is clearly communicated to parents/families.
STAR LEVEL THREE
Compliance with
Staff-child ratios
AND
Staff-Child Ratio Posted
Minimum staff-child
ratio is clearly communicated to parents/families.
STAR LEVEL FOUR
Compliance with
Staff-child ratios
AND
Staff-child ratio of
1:12 if the program serves any Kindergarteners.
AND
Staff-Child Ratio Posted
Minimum staff-child
ratio is clearly communicated to parents/families.
STAR LEVEL FIVE
Compliance with
Staff-child ratios
AND
Staff-child ratio of
1:12 if the program serves any Kindergarteners.
AND
Staff-Child Ratio Posted
Minimum staff-child
ratio is clearly communicated to parents/families.
b. Maximum Group Size
DOMAIN TWO: ENROLLMENT
AND STAFFING - MAXIMUM GROUP SIZE
Maximum group size is
determined by the number of children who occupy a defined space
while engaged in a specific activity. Programs plan for and
provide appropriate group sizes for children according to the
type, complexity, and difficulty of activities as well as the
ages, abilities, developmental levels, and needs of the children.
*Unless federal or state
law requires more stringent group size or when determined to be
appropriate considering student behavioral, health or educational
needs.
STAR LEVEL ONE
N/A
STAR LEVEL TWO
Maximum Group Size
26 children
STAR LEVEL THREE
Maximum Group Size
26 children
AND
No more than 52 children
in a room
STAR LEVEL FOUR
Maximum Group Size
26 children
OR
24 if the program serves
any Kindergarteners
AND
No more than 52 children
in a room
OR
No more than 48 if the
program serves any Kindergarteners
STAR LEVEL FIVE
Maximum Group Size
26 children
OR
24 if the program serves
any Kindergarteners
AND
No more than 26 children
in a room
OR
No more than 24 if the
program serves any Kindergarteners
3. Domain Three: Staff
Qualifications & Ongoing Professional Development
a. Lead Staff Qualifications
DOMAIN THREE: STAFF
QUALIFICATIONS & ONGOING PROFESSIONAL DEVELOPMENT -
LEAD STAFF
QUALIFICATIONS
Lead Staff have primary
responsibility for children in the program. Lead Staff should have
the formal education and professional preparation to work with
school-age children.
STAR LEVEL ONE
Valid DCYF License
STAR LEVEL TWO
Professional Development
Plans
All lead staff have an
individual professional development plan.
STAR LEVEL THREE
Professional Development
Plans
All lead staff have an
individual professional development plan.
AND
Formal Education
All lead staff have 12
college credits in any field.
STAR LEVEL FOUR
Professional Development
Plans
All lead staff have an
individual professional development plan.
AND
Formal Education
All lead staff have 24
college credits in any field.
STAR LEVEL FIVE
Professional Development
Plans
All lead staff have an
individual professional development plan.
AND
Formal Education
All lead staff have an
Associate’s Degree or higher or 60 college credits in any field.
b. Program Administrator
DOMAIN THREE: STAFF
QUALIFICATIONS & ONGOING PROFESSIONAL DEVELOPMENT
The Program
Administrator is responsible for overall operations and compliance
with DCYF licensing regulations and has the formal education and
professional preparation to manage the program and act as the
pedagogical leader.
STAR LEVEL ONE
Valid DCYF License
STAR LEVEL TWO
Compliance with DCYF
Licensing Regulations
STAR LEVEL THREE
Formal
Education
Administrator
has
a Bachelor’s
Degree or
higher
and
18
college
credits
in
Child/Youth
Development
or
a related
field.
STAR LEVEL FOUR
Formal
Education
Administrator
has
a Bachelor’s
Degree or
higher
and
18
college
credits
in
Child/Youth
Development
or
a related
field.
STAR LEVEL FIVE
Formal
Education
Administrator
has
a Bachelor’s
Degree or
higher
and
18
college
credits
in
Child/Youth
Development
or
a related
field.
4. Domain Four
DOMAIN FOUR:
ADMINISTRATION CONTINUOUS QUALITY IMPROVEMENT
The program conducts a
comprehensive self-assessment, at least once a year, to assess
compliance with regulations and standards and to determine its
effectiveness in meeting the needs of the children and families it
serves. The program then uses this information to create program
goals to continually improve quality and documents progress
towards achieving these goals.
STAR LEVEL ONE
Valid DCYF License
AND
Quality Improvement Plan
The program develops and
implements an annual quality improvement plan that includes all
BrightStars domains.
STAR LEVEL TWO
Program Self- Assessment
Comprehensive program
self- assessment using the RIPQA- Younger Youth Version
AND
Quality Improvement Plan
The program develops and
implements an annual quality improvement plan that includes all
BrightStars domains.
STAR LEVEL THREE
Program Self- Assessment
Comprehensive program
self- assessment using the RIPQA- Younger Youth Version
AND
Quality Improvement Plan
The program develops and
implements an annual quality improvement plan that includes all
BrightStars domains.
STAR LEVEL FOUR
Program Self- Assessment
Comprehensive program
self- assessment using the RIPQA- Younger Youth Version
AND
Quality Improvement Plan
The program develops and
implements an annual quality improvement plan that includes all
BrightStars domains.
STAR LEVEL FIVE
Program Self- Assessment
Comprehensive program
self- assessment using the RIPQA- Younger Youth Version
AND
Quality Improvement Plan
The program develops and
implements an annual quality improvement plan that includes all
BrightStars domains.
5. Domain Five: Early Learning
and Development
a. Curriculum
DOMAIN FIVE: LEARNING
AND DEVELOPMENT CURRICULUM
The program uses a
curriculum or curriculum framework. Staff have positive emotional
connections with children and respond appropriately to individual
children’s learning and development needs. Program schedules and
routines maximize time spent in learning and development
activities. The program provides many opportunities for children
to learn and practice skills across a broad range of developmental
areas, including social, emotional, physical, cognitive, and
language.
STAR LEVEL ONE
Valid DCYF License
STAR LEVEL TWO
Program Self- Assessment
Comprehensive
self-assessment
STAR LEVEL THREE
Program Self- Assessment
Comprehensive
self-assessment
STAR LEVEL FOUR
Written Curriculum The
program plan or curriculum includes weekly opportunities for each
of the following:
active physical activity
creative expression
academic support
STAR LEVEL FIVE
Written Curriculum The
program plan or curriculum includes two or more different
opportunities weekly for each of the following:
active physical activity
creative expression
academic support
b. Child Assessment
DOMAIN FIVE: EARLY
LEARNING AND DEVELOPMENT - CHILD ASSESSMENT
The program
systematically and routines gathers information about each child
in order to meet the individuals needs of children and provide
differentiated learning experiences.
STAR LEVEL ONE
N/A
STAR LEVEL TWO
N/A
STAR LEVEL THREE
N/A
STAR LEVEL FOUR
Child Assessment
The program gathers
information about each child through at least one of the
following: observations, checklists, interest inventories,
family/child surveys or interviews, school performance
information, or other assessment tools
STAR LEVEL FIVE
Child Assessment
The program gathers
information about each child through at least two of the
following: observations, checklists, interest inventories,
family/child surveys or interviews, school performance
information, or other assessment tools.
6. Domain Six: Family
Engagement
DOMAIN SIX: FAMILY
ENGAGEMENT - FAMILY COMMUNICATION AND INVOLVEMENT
The
program
communicates
regularly
with families
by
engaging
in
two-way
communication
with
families,
offering
ongoing
opportunities
for family
involvement,
and
working
to
build
partnerships
with
families.
STAR LEVEL ONE
Valid
DCYF
License
STAR LEVEL TWO
Family
Communication
Program
offers
one of
the
following:
Monthly
newsletter
Family meeting,
social
event,
or
workshop
(four
times per
year)
Ideas
and
suggestions
to
support
learning
at
home (four
times per
year)
Annual
family survey
Parent-staff
conferences
(twice
per
year)
An
advisory
board
that
includes
families
meets
four
times
per
year
STAR LEVEL THREE
Family
Communication
Program
offers
one of
the
following:
Monthly
newsletter
Family meeting,
social
event,
or
workshop
(four
times per
year)
Ideas
and
suggestions
to
support
learning
at
home (four
times per
year)
Annual
family survey
Parent-staff
conferences
(twice
per
year)
An
advisory
board
that
includes
families
meets
four
times
per
year
STAR LEVEL FOUR
Family
Communication
Program
offers
one of
the
following:
Monthly
newsletter
Family meeting,
social
event,
or
workshop
(four
times per
year)
Ideas
and
suggestions
to
support
learning
at
home (four
times per
year)
Annual
family survey
Parent-staff
conferences
(twice
per
year)
An
advisory
board
that
includes
families
meets
four
times
per
year
STAR LEVEL FIVE
Family
Communication
Program
offers
one of
the
following:
Monthly
newsletter
Family meeting,
social
event,
or
workshop
(four
times per
year)
Ideas
and
suggestions
to
support
learning
at
home (four
times per
year)
Annual
family survey
Parent-staff
conferences
(twice
per
year)
An
advisory
board
that
includes
families
meets
four
times
per
year
4.13 CCAP Maximum Weekly
Reimbursement Rates
A. The following tables
display the CCAP maximum weekly reimbursement rates:
1. Licensed Family Child Care
Homes
Licensed
Family Child Care Homes
Time Authorized &
Enrolled ?
Full Time
Three Quarter Time
Half Time
Quarter Time
Child’s Age Category
?
Infant/Toddler
$169.95
$127.46
$84.98
$42.49
Preschool
$154.50
$115.88
$77.25
$38.63
School Age
$146.26
$109.70
$73.13
$36.57
2. Licensed Child Care Centers
Licensed
Child Care Centers
Time Authorized &
Enrolled ?
Full Time
Three
Quarter Time
Half Time
Quarter Time
Child’s Age Category
?
Infant/Toddler
$193.64
$145.23
$96.82
$48.41
Preschool
$161.71
$121.28
$80.86
$40.43
School Age
$146.26
$109.70
$73.13
$36.57
3. Legally License-Exempt
Providers
Legally
License-Exempt Providers
Caring
for Children in the Provider’s Home
Time Authorized &
Enrolled ?
Full Time
Three Quarter Time
Half Time
Quarter Time
Child’s Age Category
?
Infant/Toddler
$93.73
$70.30
$46.87
$23.43
Preschool
$55.62
$41.72
$27.81
$13.91
School Age
$54.59
$40.94
$27.30
$13.65
Legally
License-Exempt Providers
Caring
for Children in the Child’s Home
Time Authorized &
Enrolled ?
Full Time
Three Quarter Time
Half Time
Quarter Time
Child’s Age Category
?
Infant/Toddler
$87.00
$65.25
$43.50
$21.75
Preschool
$51.50
$38.63
$25.75
$12.88
School Age
$50.47
$37.85
$25.24
$12.62
B. Time Authorized and
Enrolled:
1. Full time: 30 hours or more
per week
2. Three Quarter Time: 20-29
hours per
3. Half time: 10-19 hours per
week
4. Quarter Time: 0-9 hours per
week
C. Child’s Age Category:
1. Infant/Toddler: 1 week up
to 3 years of age
2. Preschool: 3 years
up to 1st grade entry (this includes ALL Kindergarten children)
3. School Age: 1st grade up to
13 years of age.