Tracking #2007-00835
FA/P 9/7/07, eff. 11/1/07

I:/06100202.rtf
[I:/06100202.doc]

(9 CCR 2503-1)

[Note:  Statement of basis and purpose included w/Tracking #2007-00834/Rule-making #07-3-14-1]

[Instructions: replace lines 1146471 through 1380197.]

3.900  COLORADO CHILD CARE ASSISTANCE PROGRAM (CCCAP)
3.901  MISSION [Rev. eff. 11/1/07]
The purpose of CCCAP is to provide eligible families with financial assistance for child care of their choosing; to provide families with timely and efficient access to quality child care; and to assist families in meeting their self sufficiency goals by providing referrals to needed support services.
3.902  CHILD CARE PROGRAM ELIGIBILITY [Rev. eff. 11/1/07]
Eligible Colorado Child Care Assistance Program populations must be a primary caretaker of a child and meet one of the following criteria: 
A.  Participants in the Colorado Works Program who have a signed Individual Responsibility Contract that requires them to be in an eligible activity, as defined in Section 3.631.3, can receive Colorado Works child care for up to forty-five (45) calendar days while additional assessment is completed. Participants must be eligible for and receiving state diversion or basic cash assistance to continue receiving Colorado Works child care assistance past the forty-five (45) calendar days (refer to Section 3.631.3). 
B.  Low income one or two parent families who are in an eligible activity and need child care assistance for that same period.
C.  Families eligible for Special Circumstance child care through child welfare (refer to Social Services staff manual, Section 7.302 (12 CCR 2509-4)).
D.  Teen parents are included as a target population in A and B, above.
E.  Food assistance recipients who are participating in the Employment First Program (refer to the Food Stamp staff manual, Section B-4215 (10 CCR 2506-1)).
3.903  DEFINITIONS [Rev. eff. 11/1/07]
“Adverse action” means any action by the county department or any person or agency acting on its behalf, which adversely affects the person’s eligibility for or right to services provided or authorized under the Colorado Child Care Assistance Program. 
“Application process” means an application process which includes all of the following: 
A.  The state approved, signed form completed by the applicant or his/her authorized representative, which includes appeal rights, counties with head start programs may accept the head start application in lieu of the low-income child care application for those children enrolled in the Head Start program.; and,
B.  The parent responsibility form.; and,
C.  The required verification supporting the information declared on the application form; and,
D.  As a county option, an orientation for new applicants may be necessary.
“Attestation of mental competence” means a signed statement from an exempt child care provider declaring that no one in the provider’s home has been determined to be insane or mentally incompetent by a court of competent jurisdiction; and specifically that the mental incompetency or insanity is not of such a degree that the provider cannot safely operate an exempt family child care home. 
“Authorized care ”means licensed or legally exempt child care services for which social services will authorize payment.
"Basic cash assistance" means payments, vouchers, and other forms of benefits designed to meet a family's ongoing basic needs such as food, clothing, shelter, utilities, household goods, personal care items, and general incidental expenses. Cash assistance includes supportive services to families who are not employed, such as transportation and child care assistance, as referenced in Section 3.617. All state diversion payments and county diversion payments of less than four (4) consecutive months are not cash assistance. 
“Child care certificate” means State prescribed form given to the parent and the provider of the parent's choosing which authorizes the purchase of child care and includes the parental fee, payable by the parent to the provider, for children listed on the child care certificate and will serve as notice to the parent and provider of approval or change of child care services. Colorado’s child care certificates are vouchers for the purposes of the Colorado Child Care Assistance Program. 
“Child Care Automated Tracking System (CHATS)” means the automated system or systems prescribed by the State to support the Colorado Child Care Assistance Program.
“Child Care Fiscal Agreement ”means a State prescribed agreement between a county department of human/social services and a provider which defines the rate payable to the provider and responsibilities of the county department of human/social services and the provider.
“Child care providers” means providers who are licensed or legally exempt including child care centers, preschools, and child care homes. Legally exempt child care includes the child's own home, relative home, or non-relative child care home.
“Child care staff” means staff who are designated by counties to provide child care subsidy services for eligible Colorado Child Care Assistance Program parents.
"Citizen/legal resident" means a citizen of the United States, current legal resident of the United States, or lawfully present in the United States pursuant to H.B. 06S-1023. 
"Colorado Accounts Receivable System (CARS)” means the automated system prescribed by the State to support recoveries, including state income tax intercepts, from client/recipients of child care assistance.
“Colorado Child Care Assistance Program (CCCAP)” means a program of the Division of Child Care which provides child care subsidies to families in the following programs: Low-Income, Colorado Works, and Special Circumstance. The Division of Child Care is responsible for the oversight and coordination of all child care funds and services which are awarded to the Colorado Department of Human Services.
“Colorado Works” means a program of public assistance which assists participants in achieving self-sufficiency by promoting job preparation and employment.
“Colorado Works households” means members of the same TANF assistance unit who meet requirements of the Colorado Works program as defined in Sections 3.600.12 through 3.600.19. 
“Colorado Works recipient” means a household that receives basic cash assistance or state diversion payments while working toward achieving self sufficiency through eligible work activities and eventual employment (refer to Section 3.631.3).
“Cooperation with child support enforcement (county option)” means applying for child support enforcement for all children with an obligor regardless of CCCAP eligibility within thirty (30) calendar days of completing the Child Care Assistance Program application and maintaining compliance with child support enforcement case(s) unless a good cause exemption exists.(see below). Cooperation with child support enforcement is determined by the county IV-D administrator or designee. If child care benefits are terminated due to failure to cooperate, the household will remain ineligible in counties that utilize this option until cooperation is verified. 
“County department” means the county department of social/human services or other agency designated by the Board of County Commissioners as the agency responsible for the administration of the Colorado Child Care Assistance Program.
“Current immunizations” means immunization records or a statement from a qualified medical professional showing that immunizations are current and up-to-date according to the recommended shot schedule issued by the Colorado Department of Public Health and Environment for the child(ren) based on their current age unless there is a signed statement from the parent indicating an exemption for religious or medical reasons.
“Deemed income” means countable income from excluded members of the Colorado Works household, as found in Sections 3.609.2 – 3.609.4.
“Eligible child ” means a child under the age of thirteen (13) years who needs child care services during a portion of the day, but less than 24 hours, and is physically residing with the eligible applicant/recipient parent(s) during the same period care is needed; or a child with special needs under the age of eighteen (18) (or up to age nineteen (19) if in high school and will graduate by the 19th birthday) and the special needs are verified with a physician's or other appropriate professional's statement, who needs child care services during a portion of the day, but less than 24 hours and is residing with an eligible parent; or, a child who meets the definition under “Special Circumstance Child Care”. Any child served through the Colorado Works Program or the Low-Income Child Care Program must be a citizen of the United States or a qualified alien as defined in Section 3.904.2.
“Employment” means part time or full time work, for which wages, salary, in-kind income or commissions are received, or financial gains received from self employment.
“Employment First” means a self sufficiency program funded by the Department of Agriculture for food benefit recipients not participating in Colorado Works. 
“Employment verification” means the county form or a signed statement from the employer or employer’s authorized designee stating employment begin date, hourly wage or gross salary amount, work schedule, payment frequency, date of first paycheck and verifiable employer contact information (this is only for initial employment verification).
"Entered employment" means upon starting a new job the employment verification letter shall be used to anticipate income for the first three months.  At the beginning of the third month of new employment, the county shall require pay stubs from the previous month to determine an average of actual income for future months (this does not supersede the client's responsibility to report changes in circumstances). 
“Exempt family child care home providers” means a child care provider who is exempt from licensing standards under Social Services staff manual, Section 7.701.11 (12 CCR 2509-8). For CCCAP purposes, this is specifically a related or non-related unlicensed provider caring for CCCAP children in the child’s or provider’s home. Exempt family child care home providers can only care for one family’s children that are not related to them in addition to caring for any children they are related to by blood, marriage or adoption (other than the primary caretaker as defined by “parent” in Section 3.903).
“Fingerprint-based criminal background check” means a complete set of fingerprints for all qualified adults eighteen (18) years of age and older residing in the home, taken by a qualified law enforcement agency, and submitted to the Colorado Department of Human Services, Division of Child Care, for subsequent submission to the Colorado Bureau of Investigations (CBI) if the adult has been living in Colorado for more than two years. If the adult has been living in Colorado for less than two years, he/she will also be required to submit a background check with the Federal Bureau of Investigation (FBI). Costs for this investigation are the responsibility of the person whose fingerprints are being submitted. 
“Fraud” means an individual who has secured or attempted to secure or aided or abetted another person in securing public assistance to which the individual was not entitled by means of willful misrepresentation/withholding of information or intentional concealment of an essential fact. Fraud is determined as a result of any of the following: 
A.  Obtaining a "Waiver of Intentional Program Violation"; or,
B.  An administrative disqualification hearing; or,
C.  Civil or criminal action in a state or federal court.
"Good cause exemption for child support” includes potential physical or emotional harm to the parent, caretaker relative or child, if a pregnancy was related to rape or incest; legal adoption or receiving pre-adoption services; or, the county has determined any other exemptions as part of the county plan as determined by the director or designee. 
“Household composition” means the applicant/recipient and includes all child(ren) of the eligible applicant/recipient(s), biological parents, caretaker relatives, or other adults financially contributing to the welfare of the child(ren).
“Incapacitated” means a physical or mental impairment which substantially reduces or precludes the person from providing care for his/her child(ren). Such condition must be documented by a physician's statement or other medical verification which establishes a causal relationship between the impairment and the ability to provide child care.
“Income eligible” means that eligibility for child care subsidies is based on income and determined by measuring the countable family income and size against eligibility guidelines. Income eligibility can be based on the most recent prior consecutive month's income for initial application, a best estimate of anticipated income from the employment verification letter, or an average of the previous three through twelve month period for ongoing eligibility.
"Involuntary out of the home" means circumstances where a parent is out of the home due to circumstances beyond his/her immediate control to include, but not be limited to, incarceration and/or restraining orders. 
"Irregular income" means any income in the certification period that totals less than $50 in a calendar month, such as slight fluctuations in regular monthly income and/or that which is received too infrequently or irregularly to be reasonably anticipated, shall not be counted. 
“Job search” means an eligible activity for Low-Income Child Care recipients that is limited to thirty (30) actual days of child care in a 12-month period, when approved and monitored to ensure that activities comply with county standards. The 12-month period begins on the first day of job search. 
“Low-Income Program“ means a child care component within the Colorado Child Care Assistance Program that targets parents who are working and not participants in the Colorado Works or Employment First programs.
"Negative licensing action" means a Final Agency Action resulting in the denial, suspension, or revocation of a license issued pursuant to the Child Care Licensing Act or the demotion of such a license to a probationary license. The Colorado Child Care assistance Program cannot do business with any provider who has a denied, suspended or revoked child care license.
“One parent eligible household composition” means: 
A.  The parent is engaged in an eligible activity, or
B.  A two-parent household is considered a one-parent household when one parent is involuntarily removed from the home.
“Parent” means the adult caretaker(s) of an eligible child who is eligible for child care subsidies under the Low-Income program and meets one of the following criteria: 
A.  Is the biological parent;
B.  Is a legally established guardian;
C.  Is a caretaker relative (a blood or adoptive relative to include a brother, sister, uncle, aunt, first cousin, nephew, niece, or persons of preceding generations denoted by grand, great, or great-great or great-great-great; a stepparent, stepbrother, stepsister, a spouse of any person included in the preceding groups even after the marriage is terminated by death or divorce); or,
D.  Is an unrelated individual who is financially contributing to the welfare of the child(ren).
“Parental  education” means information relayed to parents about their child care options and other information related to child care.
“Parental fee” means a child care co-payment made by a parent to the child care provider and is paid prior to any state/county child care funds being expended.
“Pay stubs” means a form or statement from the employer indicating the name of the employee, the gross amount of income, mandatory and voluntary deductions from pay (i.e. FICA, insurance, etc.), net pay and pay date, along with year-to-date gross income.
“Prudent person principle” means that the rules contained herein are intended to be sufficiently flexible to allow the eligibility worker to exercise reasonable judgment in executing his/her responsibilities.
“Re-determination (Redet)” means the State approved form which is completed at least every six months to update eligibility information, including required verification to determine continued eligibility.
“Self-employment status” means self-employment verified through Internal Revenue Service (IRS) self-employment forms; expected weekly work schedule, including approximate hours and a statement of understanding that, in order to remain eligible for child care assistance, the taxable gross income divided by number of hours worked must equal at least the current federal minimum wage and income must exceed allowable business expenses. At re-determination new verification of self-employment must be provided.
“Slot contracts (county option)” means a type of rate paid to providers in communities where care may not be otherwise available to CCCAP children if the county did not reserve slots.
“Special Circumstance Child Care” means child care assistance to maintain children in their own homes or in the least restrictive out-of-home care when there are no other child care options available. See the “Social Services” staff manual, Section 7.302, Special Circumstance Child Care (12 CCR 2509-4).
“Special needs child care criteria” means a child with special needs under the age of eighteen (18) (or up to age nineteen (19) if in high school and will graduate by the 19th birthday) and that the special needs are verified with a physician’s or other professional’s statement.
“State or local public benefit” means any grant, contract, loan, professional license, or commercial license provided by an agency of a state or local government or by appropriated funds of a state or local government.  
“Target population” means a population whose eligibility is determined by a different criteria than other child care populations and established by rule.
“Teen  parent” means a parent under nineteen (19) years of age (or under 22 years of age if attending high school, GED program, or junior high/middle school), whose child was born prior to the parent's 20th birthday.
“Timely written notice” means, for the purpose of CCCAP rules, that any adverse action shall be preceded by a prior notice period of eleven (11) calendar days. “Timely” notice means that written notice is mailed to the applicant or recipient the day following the date the action was taken. The eleven (11) calendar day prior notice period constitutes the period during which assistance is continued and no adverse action is to be taken during this time.
“Training (county option)” means educational programs including post secondary training for a bachelor's degree or less, or vocational or technical job skills training for a period of up to 48 months per eligible adult applicant/recipient. Educational activities such as GED, high school diploma, English as a Second Language, or adult basic education are considered training for a period of up to 6 months per eligible adult applicant/recipient.
“Transition families” means families ending their participation in the Colorado Works Program due to employment or training who have signed a parent responsibility form and verified eligibility for Low-Income Child Care Assistance.
“Two parent eligible household compositions” include: 
A.  A two parent household where both parents being engaged in an eligible activity during the same hours and neither can care for the child(ren); or,
B.  A two parent household when one parent is voluntarily absent from the home for a temporary period of time but both parents are in an eligible activity; or,
C.  A two parent household when one parent is away from the home due to employment but both parents are in eligible activities; or, 
D.  One parent is engaged in an eligible activity and the second parent is incapacitated such that, according to a medical professional (i.e. a physician or licensed certified psychologist), they are unable to care for the child/ren.
"Voluntarily out of the home" means circumstances where a parent is out of the home due to his/her choice to include, but not be limited to, work, vacations, family emergencies and/or military service. 
“Willful misrepresentation/withholding of information” means a willful misstatement, including understatement, overstatement, or omission, whether oral or written, made by a recipient in response to oral or written questions from the Department, and/or a willful failure by a recipient to report changes in income, or other circumstances which may affect the amount of payment.
3.904  ELIGIBILITY FOR THE COLORADO CHILD CARE ASSISTANCE PROGRAM [Rev. eff. 11/1/07]
(Reserved for Future Use)
3.905  ARRANGEMENT FOR CHILD CARE SERVICES [Rev. eff. 11/1/07]
A.  Parent Education
Counties shall provide parents with information on all available types of providers in the community: centers, family child care homes, legally exempt child care providers and in-home child care. In addition, counties shall provide parents with information as required by the State including, but not limited to, information regarding health care coverage for their children.
B.  Parental Fees
1.  Parental fees are based on gross countable income for the child care household compared to the household size. Parental fee revisions for Low-Income Child Care may occur upon reported changes and/or re-determination (refer to section 3.919).
Colorado works recipients in a paid employment activity will pay parental fees based on gross countable income. If the household has countable deemed income, that amount will be included in the gross pay calculations for parental fees.
2.  All parents are required to pay a fee except in the following cases: 
a.  One or two teen parent households who are in junior high or high school and for whom payment of a fee produces a hardship. The fee may be waived and documented in the case file.
b.  Colorado Works participants enrolled in activities other than paid employment.
c.  Special Circumstance households as defined in the Social Services staff manual, Section 7.302.6 (12 CCR 2509-4).
d.  Employment First households as defined in the Food Stamp staff manual, Section B-4215 (10 CCR 2506-1).
3.  The initial or revised fee shall be effective the first full calendar month after the end of the timely written notice period. A parental fee shall not be assessed or changed retroactively.
4.  The fee shall be paid by the parent directly to the provider. The county department shall not be liable for the fee payment.
5.  When more than one provider is being used by the same family, child care staff shall designate to whom the parent pays a fee or in what proportion the fee shall be split between providers.
6.  Parental fees shall be used as the first dollars to pay for care.
7.  Parents will be informed of their responsibilities related to fee payment.
8.  Parental fees may be reduced to a minimum of $5 for hardship reasons for up to six months per hardship award. The county director or his/her designee must approve fee reductions and a written justification placed in the case file and noted in the case record on the Child Care Automated Tracking System. Any hardship award may be extended so long as justification for extending the hardship award exists.
9.  Loss of eligibility for child care subsidies will occur if parents do not pay their fees or do not make acceptable payment schedules with the providers. Notice of termination for failure to pay fees or make acceptable payment arrangements with the provider shall be given in accordance with Section 3.915.3. If a household's benefits are terminated for non-payment of fees, that household will remain ineligible until: 
a.  Delinquent parental fees are paid in full; or, 
b.  Adequate payment arrangements are made with the provider to whom the fees are owed and an agreement is signed by both parties; or, 
c.  County determination of verified good faith efforts to make payment to the provider.
10.  The parent and provider must be given timely written notice of the parental fee amount, on the child care certificate, at least eleven (11) calendar days prior to change.
11.  Parental fees shall be assessed based on the following formula: 
a.  For families whose household income is below 50% of the Federal poverty levels, the fee is equal to 7% of the household income.
b.  For families whose household income is at least 50% and below 75% of the Federal poverty levels, the fee is equal to 8% of the household income.
c.  For families whose household income is at least 75% and below 100% of the Federal poverty levels: 
1)  The fee for the first child in care is equal to 9% of the household income;
2)  The fee will be increased by $5 for each additional child in care.
d.  For families whose household income is at least 100% and below 130% of the Federal poverty levels:
1)  The fee for the first child in care is equal to 10% of the household income;
2)  The fee will be increased by $15 for each additional child in care.
e.  For families whose household income is at least 130% and below 160% of the Federal poverty levels:
1)  The fee for the first child in care is equal to 11% of the household income;
2)  The fee will be increased by $25 for each additional child in care.
f.  For families whose household income is at least 160% and below 185% of the Federal poverty levels: 
1)  The fee for the first child in care is equal to 12% of the household income;
2)  The fee will be increased by $35 for each additional child in care.
g.  For families whose household income is at least 185% and below 205% of the federal poverty levels:
1)  The fee for the first child in care is equal to 13% of the household income;
2)  The fee will be increased by $40 for each additional child in care.
h.  For families whose household income is at least 205% and at or below 225% of the federal poverty levels: 
1)  The fee for the first child in care is equal to 14% of the household income;
2)  The fee will be increased by $40 for each additional child in care.
i.  For families who become ineligible because their income exceeds the gross monthly income as set by the county, who meet the guidelines as outlined in Section 3.919, H, and whose household income does not exceed 85% of the State's median income: 
1)  The fee for the first child in care is within the range of 12% to 25% of the household income;
2)  The fee will be increased by $40 for each additional child in care;
3)  The fees shall be increased incrementally as outlined by the individual family transition plan up to the six month limit.
j.  The parental fee shall not exceed the cost of care.
12.  Counties will be notified of the fees at various income levels based on the above formula through agency letter following the annual issuance of the Federal poverty levels. Counties shall update parental fees no later than the next scheduled six month redetermination.
13.  When all children in a family are in part-time care, the parental fee shall be assessed at 55% of the above-calculated fee. Part-time care is defined as an average of less than 13 full-time units or equivalent part-time units of care per month.
C.  Parent Responsibilities
1.  Parents shall sign the State prescribed parent responsibilities form, which outlines child care program participation requirement conditions.
2.  Parents have the responsibility to report and verify any changes in writing within eleven (11) calendar days.
3.  Parents must provide current immunization records for their children in care as required by the county.
4.  Households must cooperate with the Child Support Enforcement Unit or the delegate agency as required by the county (see Section 3.919).
5.  Parents must report changes in child care providers prior to the change. 
D.  Authorization for Payment
Counties shall use the State prescribed child care certificate form to purchase care on a child by child basis and identify the amount of care and length of authorized care. Payment for care will be authorized for providers who have a license or who are legally exempt and have a current, signed fiscal agreement with the county (see 3.908 Eligible Facilities).
1.  When payment will be made to the provider, the county must forward the child care certificate form to the provider within seven (7) working days of determined eligibility. This time limit applies to original, changed and terminated actions. The state may not reimburse counties if the 7 working day requirement is not met.
2.  Child care will be paid for children under the age of thirteen (13) for a portion of a day, but less than 24 hours. Child care for eligible activities will include reasonable transportation time from the child care location to eligible activity and from eligible activity to child care location.
3.  Children over the age of 13 may be eligible under special needs child care criteria for a portion of a day but less than 24 hours. Counties may pay more for special needs child care based upon individual needs and documented in county policy, but rates cannot exceed the provider's published private pay rates.
4.  Counties may pay for activity fees if the provider charges such fees, and if the Child Care Fiscal Agreement contains the provider's policy on activity fee costs. Counties shall set their own limit on activity fees with prior notice to the State Department.
5.  Counties may pay for transportation costs if the provider charges such costs, and if the Child Care Fiscal Agreement contains the provider's policy on transportation costs. Allowable costs include the provider's charges for transportation from the provider's facility to another child care or school facility. Transportation costs do not include travel between a parent's home and the provider's facility. Counties shall set their own limit on transportation fees with prior notice to the State Department.
6.  Counties may pay for registration fees if the provider is licensed, and if the Child Care Fiscal Agreement contains the provider's policy on registration costs. Counties shall set their own limit on registration fees with prior notice to the State.
3.906  PURCHASE OF SERVICES [Rev. eff. 11/1/07]
A.  Legally exempt family child care home provider requirements: 
1.  The county department shall screen the provider for current or previous agency contacts. An exempt family child care home provider and each adult eighteen years of age or older (also known as a qualified adult) who resides in their home shall be subject to the fingerprint-based criminal history records check along with a review of the State administered database for child abuse and neglect as part of the following procedures: 
a.  Upon submission of the completed background check packet, as determined by State procedures, an exempt family child care home provider shall submit certified funds (i.e., money order or cashiers check) to cover all fees indicated below. 
1)  A fee for the administrative costs referred to in Section 7.701.4, F (12 CCR 2509-8). 
2)  A fee for each set of submitted fingerprints for any adult in the home, 18 years of age or older, to offset the costs associated with processing the criminal background check through the Colorado Bureau of Investigation if the individual lived in Colorado for more than two (2) years and the Federal Bureau of Investigation if the individual lived in Colorado for less than two (2) years. Payment of the fee for the criminal record check is the responsibility of the individual being checked. 
b.  An exempt family child care home provider who has submitted to a background check may be eligible to receive moneys from publicly funded State child care assistance programs. 
c.  As a prerequisite to signing a fiscal agreement with a county department of social/human services, an exempt family child care home provider shall sign an attestation.  The attestation affirms he or she, and any qualified adult residing in the exempt family child care home, has not been adjudged by a court of competent jurisdiction to be insane or mentally incompetent to such a degree that the provider cannot safely care for children.
d.  The provider may continue to receive publicly funded State child care assistance program moneys as long as the provider or other qualified adult is not ineligible due to the following circumstances: 
1)  Conviction of child abuse, as described in Section 18-6-401, C.R.S.; 
2)  Conviction of a crime of violence, as defined in Section 18-1.3-406, C.R.S.; 
3)  Conviction of any felony offense involving unlawful sexual behavior, as defined in Section 16-22-102 (9), C.R.S.; 
4)  Conviction of any felony that on the record includes an act of domestic violence, as defined in Section 18-6-800.3, C.R.S.; 
5)  Conviction of any felony involving physical assault, battery or a drug-related/alcohol offense within the five years preceding the date of the fingerprint-based criminal background check;
6)  Conviction of any offense in another state substantially similar to the elements described in Items 1) to 5), above; 
7)  Has shown a pattern of misdemeanor convictions within the ten (10) years immediately preceding submission of the application. "Pattern of misdemeanor" shall include consideration of Section 26-6-108(2), C.R.S., regarding suspension, revocation and denial of a license, and shall be defined as: 
a)  Three (3) or more convictions of 3rd degree assault as described in Section 18-3-204, C.R.S., and/or any misdemeanor, the underlying factual basis of which has been found by any court on the record to include an act of domestic violence as defined in Section 18-6-800.3, C.R.S.; or, 
b)  Five (5) misdemeanor convictions of any type, with at least two (2) convictions of 3rd degree assault as described in Section 18-3-204, C.R.S., and/or any misdemeanor, the underlying factual basis of which has been found by any court on the record to include an act of domestic violence as defined in Section 18-6-800.3, C.R.S.; or, 
c)  Seven (7) misdemeanor convictions of any type. 
8)  Has been determined to be responsible in a confirmed report of child abuse or neglect. 
e.  An exempt family child care home provider shall notify the county with whom he or she has contracted pursuant to a publicly funded State child care assistance program, within ten (10) calendar days, any circumstances that results in the presence of a new qualified adult in the residence. 
2.  For renewals, the county shall mail fiscal agreements at least sixty (60) days prior to the end date of the previous fiscal agreement. Fiscal agreements are effective on the first day of the month the fiscal agreement is completed, signed, and received by the county. 
3.  When a county opts to make payments directly to parents under subsection C below, the parent must sign a parental payment agreement agreeing to all the terms and conditions therein. 
B.  Licensed facility requirements: 
1.  The provider shall be licensed or certified.
2.  For renewals, the county shall mail fiscal agreements sixty (60) calendar days prior to the end date of the previous fiscal agreement. Fiscal agreements are effective on the first day of the month the fiscal agreement is completed, signed and received by the county.
C.  Payment methods for all providers: 
Payment for purchased child care shall be made to the provider under the following options: 
1.  County makes payment through an automated system to the provider if it is an exempt family child care home provider or licensed facility.
2.  If the parent has selected an exempt family child care home provider, the county may opt to make payment through an automated system to the parent.
a.  The parent shall pay the provider the full amount of the payment including any parental fee.
b.  The parent shall lose eligibility for child care subsidies if the parent does not pay these funds or make acceptable payment arrangements with the provider. Notice will be provided to the parent in accordance with section 3.915.3.
c.  If benefits are terminated for non-payment the parent will remain ineligible for future child care program assistance until arrangements are made for payment with the provider or until county determination that a verified good faith effort was made to pay the provider.
D.  Providers who are denied a Fiscal Agreement or whose Fiscal Agreement is terminated may request an informal conference with county staff responsible for the action, the supervisor for that staff and the county director or the director's designee to discuss the basis for this decision and to afford the provider with the opportunity to present information as to why the provider feels the county should approve or continue the Fiscal Agreement. Any request for a conference shall be submitted in writing within 15 calendar days of the date of the action. The county shall hold that conference within 2 weeks of the date of the request.
3.907  CHANGES IN PROVIDERS [Rev. eff. 11/1/07]
A.  Provider changes during any calendar month will not be approved without prior authorization of the county department.
B.  The child care certificate form shall be used to notify parents, providers and/or county fiscal offices of changes in child care subsidizing.
3.908  ELIGIBLE FACILITIES [Rev. eff. 11/1/07]
Child Care Services may be purchased from the following facilities:
A.  Legally Exempt, Non-Licensed Facilities
1.  In-Home: care provided for less than 24 hours in the child's own home by a relative (other than the primary caretaker as defined by “Parent” in Section 3.903) or by a non-relative.
2.  Relative Home: care of related children in the home of the caregiver for less than 24 hours a day. Eligible relatives are those who don't meet the definition of a parent, but are related in one of these ways: a blood relative (including half blood) or adoptive relative (a brother, sister, uncle, aunt, first cousin, nephew, niece, or persons of preceding generations denoted by prefixes of grand, great or great-great, or stepbrother, stepsister, or a spouse of any person included in the above groups even after the marriage is terminated by death or divorce).
3.  Exempt Family Child Care Home: A (non-licensed) family care home caring for one child for less than 24-hour care or caring for two or more children who are related to each other as brother or sister from the same family household for less than 24-hour care.
4.  Other Exempt Child Care Facilities: includes exempt child care as defined in the licensing rules in the Social Services Staff Manual, Sections 7.701.11, B, 1, 2, and 5 (12 CCR 2509-8).
B.  Licensed Facilities
The following facilities are required to be licensed and comply with Licensing Rules as defined in the Social Services Staff Manual, Sections 7.701 through 7.712 (12 CCR 2509-8).
1.  Family Child Care Homes
2.  Child Care Centers
3.  Preschools
4.  School-age Child Care Centers
3.909  REGISTRATION OF LEGALLY EXEMPT PROVIDERS [Rev. eff. 11/1/07]
The County Department shall register legally exempt providers and include the following provider information: name, address (not a P.O. Box #), phone number and social security number. Pursuant to Section 24-76.5-103, C.R.S., and except as provided below, county departments must verify the lawful presence in the United States of all applicants for state or local public benefits, or federal benefits provided by the Colorado Department of Human Services, or by the county departments of human/social services under the supervision of the State Department pursuant to Section 3.140.11. Any contract provided by an agency of a state or local government is considered a public benefit.
3.910  PROVIDER RATES [Rev. eff. 11/1/07]
Counties will be notified of the State recommended provider rates via agency letter. Counties may opt to adopt those rates or may elect to set their own rate limits. If counties elect to set their own rates, they must notify the state on the state-prescribed form prior to implementation of those rates. State and county set rates must be paid in accordance with payment policies set forth below.
A.  Payments shall be made in part time/full time daily rates. Part- time is defined as under five hours per day; full time is defined as five hours to eleven hours. Beginning with the twelfth hour of care, an additional unit of care may be paid. Part time is paid at 55% of the full time rate, unless the county designates otherwise. Counties may set rates for basic and alternative care as defined by the county and reported in the county plan. 
B.  Counties shall pay for absences in accordance with the policy set by the county. Any absence policy set by the county shall address payments to hold a child’s slot with a provider when the child is not in care to include, but not limited to, payments for scheduled school breaks, absences, and , holidays.
C.  Upon notice to the State, counties may negotiate fiscal agreements that are modified to include rates and fees in a single rate of payment.
D.  Providers who contend that the county has not made payment for care provided under the Colorado Child Care Assistance Program in compliance with these rules may request an informal conference with county staff, the appropriate supervisor, the county director or the director's designee, and, if requested by the provider, state program staff. Any request for a conference shall be submitted in writing within 15 calendar days of the date of the action. The county shall hold that conference within 2 weeks of the date of the request. The purpose of the conference shall be limited to discussion of the payments in dispute and the relevant rules regarding payment.
3.911  CHILD CARE PROVIDER RESPONSIBILITIES [Eff. 11/1/07]
A.  Providers shall maintain a valid child care license as required by Colorado statute unless legally exempt from licensing. 
B.  Providers shall report to the county if their license has been revoked, suspended, or denied within three calendar days of receiving notification or a recovery will be established of all payments made as of the effective date of closure. 
C.  Providers shall signed the child care fiscal agreement and all other county or state required forms. 
D.  Providers shall develop an individualized care plan for special needs children. 
E.  Providers shall maintain proof of current immunizations for the children in their care, if required by county policy. Immunization records shall be obtained from parents either at the time of admission or within thirty (30) calendar days of the date of admission and shall be updated annually. For children whose parents object to immunizations on religious grounds or for children whose medical condition contraindicates immunization, providers shall maintain a statement in the child's file signed by the parent stating the reason for not immunizing. This rule does not apply to the following: 
1.  Providers caring for children in the child's own home; or, 
2.  Providers caring only for children related to the provider such as grandchildren, great-grandchildren, siblings, nieces, or nephews, etc; 
F.  Providers shall maintain sign in/out sheets with the time the children arrive and leave each day they attend. This record must be signed by the person authorized to drop off or pick up the child(ren). These records must be available for county review upon request and maintained for the current plus three years. 
G.  Providers shall report non-payment of parent fees no later than the end of the month they have not been received. 
H.  Providers shall notify the county of unexplained, frequent and/or consistent absences within ten (10) calendar days of establishing a pattern. 
I.  Providers shall not charge counties more than their established private pay rates. 
J.  Providers shall not charge parents rates in excess of those agreed upon in the fiscal agreement (this includes the agreed upon registration, mandatory activity and transportation fees if the county pays these fees). 
K.  Providers shall offer free, age appropriate alternatives to voluntary activities. 
L.  Providers shall bill counties monthly for services authorized, based on county payroll policies, and forfeit payment for services if the original billing form is submitted more than sixty (60) calendar days following the month of service. 
3.912  PROVIDER COMPLAINTS 
3.912.1  Licensed Provider Complaints [Rev. eff. 11/1/07]
The following guidelines shall apply to complaints received by counties about providers: 
A.  If the complaint concerns child abuse or neglect, the county shall immediately refer the complaint to the appropriate county protective services unit.
B.  If the complaint concerns a difference of opinion between a provider and a parent, the county staff shall encourage the provider and parent to resolve their differences.
C.  Complaints shall be referred to the Colorado Department of Human Services, Division of Child Care licensing staff or appropriate contracted counties the same day as it is received by the county when: 
1.  The complaint is about a child care home and is related to non-compliance licensing issues.
2.  The complaint is about a relative or legally exempt home which is providing illegal care.
D.  Complaints shall be referred to the Colorado Department of Human Services, Division of Child Care when: 
1.  The complaint is about a child care center and is related to non-compliance licensing issues.
2.  The complaint is related to issues in a relative or legally exempt home such as violation of non-discrimination laws or denial of parental access (does not include investigation of illegal care). 
3.912.2  Legally Exempt Complaints [Rev. eff. 11/1/07]
The following standards apply to processing of relative and legally exempt complaints: 
A.  “Substantiated” means that the investigating party has found evidence to support the complaint.
B.  Complaints which shall be investigated include: child protection related complaints, the provision of illegal care, violation of non-discrimination laws, violation of parental access, and complaints dealing with the health and safety of children.
C.  Anonymous complaints will not be taken unless the complaint concerns abuse or neglect, in which case the complaint shall be forwarded to protective services units.
D.  County staff and the public may access substantiated complaint files, on complaints other than child abuse, at the Colorado Department of Human Services, Division of Child Care.
3.912.3  County Department Staff Accessibility to Provider Information [Rev. eff. 11/1/07]
The county shall make available the following provider information, including protective services information, to all staff whose responsibilities include child care subsidy services: 
A.  Information known to licensing staff.
B.  Information from previous agency contacts.
C.  Information obtained from the Child Care Fiscal Agreement renewals.
D.  Information obtained from parents, caseworker visits, and other sources.
E.  Information about corrective action intervention by the county department or State Department.
3.912.4  County Refusal to Authorize Care [Rev. eff. 11/1/07]
A.  Counties have the authority to refuse to enter into a Fiscal Agreement with a provider. Counties have the authority to terminate a Fiscal Agreement after 15 calendar days notice by mail. The counties have the authority to terminate a Fiscal Agreement without advance notice if a child's health or safety is endangered or if the provider is under a negative licensing action as set forth in Section 7.701.26 (12 CCR 2509-8).
B.  The county may notify the provider of an immediate termination verbally, but written notice of that action shall be forwarded to the provider within eleven (11) calendar days. Any notice regarding denial or termination of a Fiscal Agreement shall include information regarding the provider's right to an informal conference as set forth in section 3.906, D. 
3.913  COUNTY RESPONSIBILITIES [Rev. eff. 11/1/07]
A.  Counties shall administer the Child Care Assistance Program in compliance with State Department fiscal and program regulations and in accordance with the terms associated with their allocation. Counties will be allocated child care funds annually.
B.  County departments shall establish administrative controls to ensure appropriate internal controls and separation of duties (this means that the same employee shall not authorize and process payment for child care services). 
C.  Counties shall use forms as specified when required by the State Department.
D.  The county will make a decision on whether to approve or deny an application within fifteen (15) calendar days of the date the applicant or their authorized representative completes the application process. If all verification has not been submitted within thirty (30) calendar days of the application date then the county may require a new application.
E.  Counties shall act on any reported change within ten (10) calendar days of receiving information and all required verification.
F.  Counties shall make reasonable efforts to advise county residents of services available to target groups through press releases, presentations, pamphlets, and other mass media.
G.  Acceptance of inter-county transfers shall be determined by the receiving county on a case by case basis in conformance with the following: 
1.  The parent notifies the sending county of the need to transfer services.
2.  The sending county contacts the receiving county to determine if the parent will receive services.
3.  The sending county informs the parent of the decision and, if applicable, sends appropriate paperwork to the receiving county.
4.  If the receiving county accepts the transfer, the counties shall negotiate the length of time that the sending county is responsible for making provider payments, not to exceed the end of the month after the date the parent moved into the receiving county. If the receiving county does not accept the transfer, the sending county terminates the case in conformance with termination procedures.
H.  Counties shall respond to requests for information or assistance from other agencies in a timely and attentive manner.
I.  The counties shall report to the State Department, in a timely and attentive manner, at such times and in such manner and form as the State Department requires.
J.  County business offices shall complete at least a random monthly review of sign in/out sheets received from the provider compared to the billing sheets submitted. If the review indicates: 
1.  Unexplained, frequent absences and/or consistent absences, the county shall take action to correct the problem or terminate the placement. 
2.  That the provider may have submitted an inaccurate report of attendance. The county department shall contact the provider and parent to resolve the inaccuracy. 
3.  That either the parent or the provider has attempted to defraud the program or receive benefits to which they were not entitled. The county departm3ent shall report that information to the appropriate legal authority as set forth in Section 3.820. 
K.  The county shall refer, within fifteen calendar days of establishing recovery, to the appropriate investigatory agency and/or the district attorney, any alleged discrepancy which may be a suspected fraudulent act by a recipient or provider of services pursuant to Section 3.912. 
L.  Counties shall take whatever action is necessary to recover payments when recipients and/or providers owe money to the State because of overpayments, ineligibility and/or failure to comply with applicable state laws, rules or procedures. Recoveries shall be done in accordance with Section 3.917.
M.  County child care staff shall advise low-income parent/s in writing and orally of the parent's responsibility to report within ten (10) calendar days, changes of circumstances and provide them with a State prescribed change of circumstance form.
N.  County staff shall advise parents of their responsibility to cooperate and participate with the county department in planning for child care services.
O.  County staff shall notify exempt providers in writing of the requirement to submit to the fingerprint background check at least sixty (60) calendar days prior to their current fiscal agreement ending. 
P.  County staff are responsible for verifying proof of lawful physical residence in the United States for any legally exempt child care home provider (refer to section 3.909). 
Q.  Counties must code child care expenditures to the appropriate program, as prescribed by the state. Failure to do so will result in non-reimbursement or other actions as deemed appropriate by the State.
R.  Counties shall use the Child Care Automated Tracking System (CHATS) as prescribed by the State for the Low-Income, Colorado Works, Employment First, and Special Circumstance Child Care programs. Counties which do not use CHATS as prescribed by the State will not be reimbursed.
S.  Counties shall monitor expenditures of Child Care funds and may suspend enrollments, as necessary, to prevent over-expenditures in child care.
T.  Counties shall obtain immunization records for children in the Low-Income Child Care Program or monitor child care providers to ensure compliance with Sections 3.905.1, A, 6 and B, 4, that require providers maintain proof of current immunizations for the children in their care. 
U.  The county shall document changes in child care eligibility on the state prescribed system (provider/case note screens). 
V.  The parent shall be mailed notice of all actions made to the subsidy pursuant to Section 3.915.3.
W.  The provider shall be mailed notice of child care changes to existing subsidy pursuant to Section 3.915.3.
X.  Counties shall pay providers monthly for services provided the previous month, based on county payroll policies. If payment is delayed for any reason, the county shall notify the provider in a timely manner and document the circumstances on the State prescribed system (provider note screen). 
Y.  If the county opts to require Child Support Enforcement as outlined in Section 3.919, I, the county shall coordinate between the county Child Care Assistance Program or delegate agency and the delegate county Child Support Enforcement Unit. This includes, but is not limited to, the county: 
1.  Must develop a referral process and notify the delegate Child Support Enforcement Unit within its county within fifteen calendar days of referring a family.
2.  Shall determine good cause procedures pursuant to Section 3.919. Counties shall notify the delegate Child Support Enforcement Unit within its county within fifteen calendar days of making the good cause determination.
3.  Shall develop cooperation and non-cooperation procedures which shall include timelines and processes for inter-department communication.
4.  Shall notify Child Support Enforcement within eleven (11) calendar days of low-income case closure.
3.914  PROGRAM FUNDING [Rev. eff. 11/1/07]
The Colorado Child Care Assistance Program will be funded through annual allocations made to the counties. Nothing in these rules shall create a legal entitlement to child care assistance.
Each county shall be required to meet a level of county spending for the Colorado Child Care Assistance Program that is equal to the county's proportionate share of the total county funds set forth in the annual general appropriation Act for the Colorado Child Care Assistance Program for that State fiscal year. The level of county spending shall be known as the county's maintenance of effort for the program for that State fiscal year.
The Maintenance of Effort (MOE) calculation for SFY2003-2004 will make up fifty percent (50%) of the difference between the current county MOE percentage compared to the current percentage of the total allocation that each county receives. The Maintenance of Effort allocation for SFY2004-2005 will make of the additional fifty percent (50%) of the difference between the current county MOE percentage compared to the current percentage of the total allocation that each county receives, to bring the counties to one hundred percent (100%) concurrence by SFY2005-2006. At that time, each county's MOE percentage will be fully proportionate to that county's allocation percentage.
3.915  APPLICANT RIGHTS
3.915.1  Anti-Discrimination [Rev. eff. 11/1/07]
Child care programs shall be administered in compliance with Title IV of the Civil Rights Act of 1964 (42 USC 2000(d), 1965) and the requirements of Section 504 of the Rehabilitation Act of 1973 (29 USC 706, 1973).
A.  County staff shall not deny a person aid, services, or other benefits or opportunity to participate therein, solely because of age, race, color, religion, sex, national origin, political beliefs, or handicap.
B.  No otherwise qualified handicapped individual shall solely, by reason of his/her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity provided by the county department.
C.  The county shall make services available to all eligible parents, subject to appropriations, including handicapped and disabled individuals through hiring qualified staff or through purchase of necessary services.
3.915.2  Confidentiality [Rev. eff. 11/1/07]
The use or disclosure of information by the county department concerning current or prior applicants and recipients shall be prohibited except for purposes directly connected with the administration of public assistance and welfare and related State Department activities which include:
A.  Administration of county child care programs: 
1.  Establishing of eligibility
2.  Determining amount and type of child care assistance to be provided
3.  Providing child care assistance
B.  Any investigation, prosecution, or criminal or civil proceeding in connection with the administration of the program.
3.915.3  Timely Written Notice of Adverse Action [Rev. eff. 11/1/07]
Any adverse action shall be preceded by a prior notice period of eleven (11) calendar days. “Timely” notice means that written notice is mailed to the applicant or recipient the day following the date the action was taken. 
In order to be considered proper notice, the reason for adverse action must be accurate and include manual references to support the county decision. 
The eleven (11) calendar day prior notice period constitutes the period during which assistance is continued and no adverse action is to be taken during this time with the following exceptions that require no prior notice. 
A.  When facts indicate an overpayment because of probable fraud or an intentional program violation and such facts have been verified to the extent possible.
B.  When the proposed adverse action is based on a clear, written statement signed by the individual which states that s/he no longer wishes to receive assistance or services.
C.  When the county department/agency has confirmed the death of a recipient or of the payee when there is no relative available or willing to act as the new payee.
D.  The counties have the authority to terminate a fiscal agreement with any provider without advance notice if a child’s health or safety is endangered or if the provider is under a negative licensing action.
3.915.4  Applicant/Recipient and Provider Appeal Rights [Rev. eff. 11/1/07]
County department staff shall advise applicants/recipients in writing at the time of application and in the notice of adverse action of their right to a county dispute resolution conference or state level fair hearing pursuant to Sections 3.840 and 3.850, “Applicant/Recipient Rights Regarding Proposed Actions”. 
The local dispute resolution conference shall be conducted in accordance with Section 3.840, “County Dispute Resolution Process”. 
Providers shall be informed of their right to a local dispute resolution conference on the reverse side of their copy of the child care certificate. 
3.916  CHILD CARE AND RECOVERY
3.916.1  When Overpayment is Recovered [Eff. 11/1/07]
When the county department has determined that a recipient has received public assistance for which he or she was not entitled due to an increase in income, or any other change in circumstances that would affect the recipient's eligibility or payment; or a child care provider has received child care payments they were not entitled to: 
A.  The Department determines if the overpayment is to be recovered. Exception from recovery includes all of the following: 
1.  Who is without fault in the creation of the overpayment; and, 
2.  Who has reported any increase in income or change in resources or other circumstances affecting the recipient's eligibility within the timely reporting requirements for the program. 
B.  The Department determines whether there was willful misrepresentation/withholding of information and considers or rules out possible fraud;
C.  The Department determines the amount of overpayment;
D.  Then notifies the recipient of the amount due and the reason for the recovery using the prior notice rules;
E.  Then enters the amount of the overpayment and other specific factors of the situation in the case record, including the calculation used to determine the recovery amount, and in the Colorado Automated Recovery System (CARS). 
3.916.2  Limitations – Time and Amount [Eff. 11/1/07]
A claim for repayment of excess public assistance is established when the overpayment occurred during the twelve (12) months preceding the month in which the overpayment was discovered except: 
A.  When the criteria for not recovering an overpayment are met (refer to Section 3.916.1, A);
B.  If willful misrepresentation/withholding of information is determined to have occurred, then all overpayments are to be recovered.
When a single overpayment or several overpayments have been made within the prior twelve months and the overpayments total less than $50, a claim for repayment is not made.
3.916.3  Recovery Process [Eff. 11/1/07]
When it is determined that an overpayment has occurred, the county department shall: 
A.  Document the facts and situation which produced the overpayment and retain this documentation until the overpayment is paid in full;
B.  Initiate timely and adequate notice as set forth in the "Prior Notice" section. Such notice shall include a complete explanation, including applicable rules, concerning the overpayment, recovery sought and appeal rights;
C.  Following the 15 calendar day prior notice period and the county dispute resolution and/or state appeal hearing process, take action to ensure prompt recovery;
D.  Pursue all legal remedies available to the county in order to recover the overpayment. Legal remedies include, but are not limited to, judgments, garnishments, claims on estates and the State Income Tax Refund intercept process.
E.  In accordance with Sections 26-2-133 and 39-21-108, C.R.S., the state and county departments may recover overpayments of public assistance benefits through the offset (intercept) of a taxpayer's State Income Tax Refund. Rent rebates are not subject to the offset procedure. This method may be used to recover overpayments which have been: 
1.  Determined by final agency action; or,
2.  Ordered by a court as restitution; or,
3.  Reduced to judgment.
Prior to certifying the taxpayer's name and other information to the Department of Revenue, the Colorado Department of Human Services shall notify the taxpayer, in writing at his/her last-known address, that the State intends to use the tax refund offset to recover the overpayment. In addition to the requirements of Section 26-2-133(2), C.R.S., the pre-offset notice shall include the name of the county department claiming the overpayment, a reference to child care as the source of the overpayment, and the current balance owed. The taxpayer is entitled to object to the offset by filing a request for a county dispute resolution conference or state hearing within 30 calendar days from the date that the State Department mails its pre-offset notice to the taxpayer. In all other respects, the procedures applicable to such hearings shall be those stated elsewhere in Section 3.840 and Section 3.850. At the hearing on the offset, the county department or ALJ shall not consider whether an overpayment has occurred, but may consider the following issues if raised by the taxpayer in his/her request for a hearing whether: 
1.  The taxpayer was properly notified of the overpayment,
2.  The taxpayer is the person who owes the overpayment,
3.  The amount of the overpayment has been paid or is incorrect, or
4.  The debt created by the overpayment has been discharged through bankruptcy. 
3.917  FRAUD [Eff. 11/1/07]
Fraud is subject to criminal action and must be proven beyond a reasonable doubt. The three basic elements which have to be proven are: 
A.  The misrepresentation or concealment must have been deliberate and done intentionally. Fraud does not exist if the misrepresentation or concealment is the result of an unintentional act, a misunderstanding, or mental incompetency; and,
B.  The suspected fraudulent act must have been for the express purpose of receiving or attempting to receive or obtain assistance to which the individual was not entitled; and,
C.  It must be shown that, if the county department had been aware of the facts, assistance should not have been granted or should have been granted in a lesser amount.
3.917.1  Establishing Fraud [Eff. 11/1/07]
Colorado statutes provide for fraud charges to be filed against an individual and any person who aided another person in securing public assistance for which he or she was ineligible by misrepresenting or concealing essential facts.
A.  The misrepresentation or concealment must concern a fact that would affect eligibility or payment. This includes household composition, income, and any other eligibility factor.
b.  The misrepresentation may be oral or written. It can be in the form of an application for assistance, a written or verbal communication to the Department, a re-determination form, or failure to notify the Department of a change in circumstances that would affect eligibility or payment. 
C.  Criminal intent must be proven beyond a reasonable doubt; therefore, the misrepresentation or concealment must be verified by written documentation and must relate to facts that existed at the time of the misrepresentation or concealment.
D.  In collecting evidence of fraud, the county department shall not violate the legal rights of the individual. Examples of such violation would be invasion of the privacy of the home, unreasonable search and seizure, denial of due process of law, and denial of the right to legal counsel. When the Department questions whether an action it contemplates might violate the legal rights of the individual, it shall seek the advice of its legal advisor.
E.  Determination of whether fraud exists and referral to the District Attorney are within the administration of public assistance programs involved and are not considered a violation of safeguards and restrictions provided by confidentiality rules and regulations.
3.917.2  Referral to District Attorney [Eff. 11/1/07]
When the county department determines that it has paid or is about to pay a recipient an assistance payment as a result of a suspected fraudulent act, the facts used in the determination shall be reviewed with the county department's legal advisor, investigatory unit and/or a representative from the District Attorney's office. If the available evidence supports suspected fraud, the case shall be referred to the District Attorney. All referrals to the District Attorney shall be made in writing and shall include the amount of assistance fraudulently received by the recipient.
The following actions may be taken: 
A.  When the District Attorney prosecutes, the amount of overpayment due will be taken into consideration and may be included in the court decision and order.
B.  Interest may be charged from the month in which the amount of overpayment due was received by the collection entity until the date it is recovered. Interest shall be calculated at the legal rate. 
C.  When the District Attorney decides not to prosecute, the amount of overpayment due will continue to be recovered by all legal means.
3.918  (Reserved for Future Use)
3.919  ELIGIBILITY FOR LOW-INCOME PROGRAM FAMILIES [Rev. eff. 11/1/07]
In order to be eligible for child care assistance the following criteria must be met: 
A.  All applicants and recipients must be residents of the county from which assistance is sought and received. 
B.  The application process must be completed.  This includes: 
1.  The State approved, signed form completed by the applicant or their authorized representative, which includes appeal rights. Counties with Head Start programs may accept the Head Start application in lieu of the Low-Income Child Care application for those children enrolled in the head start program; and,
2.  The parent responsibility form; and,
3.  The required verification supporting the information declared on the application form; and,
4.  An orientation for new applicants as a county option.
5.  When the application process is complete and for those applicants that are determined to be eligible, the effective date shall be the date the application was completed, signed and received by the county. 
C.  For families ending their participation in the Colorado Works Program due to employment or training, a Low-Income Child Care application shall not be required for transition families, except as outlined in Section 3.919, C, 1-4. These families shall be required to complete and sign a parent responsibility form and provide verification of income and eligible activity as set forth in Section 3.919, A. Counties shall obtain needed verification, if available, through other public assistance programs. Counties shall re-determine the transition family's circumstances as defined in Section 3.921. 
Counties shall not be required to transition families if any of the following apply: 
1.  The family leaves the Colorado Works Program due to an Intentional Program Violation (IPV) as determined in Section 3.621 or as outlined in county policy;
2.  The family needs child care for training and the residing county does not include training as an eligible activity or the applicant has exceeded the maximum allowable training period for that county;
3.  The residing county's maximum income level is below that of the transitioning family; or,
4.  The residing county has a waiting list and the county waiting list policy does not exempt transition families.
5.  If a family is not transitioned for the reasons outlined above, the county shall provide notice as set forth in Sections 3.915.3 and 3.915.4.
D.  When the application process is complete and for those applicants that are determined to be eligible, the effective date shall be the date the application was completed, signed, and received by the county. 
E.  The applicant(s) must be a parent in a one or two parent family who meets the following criteria: 
1.  Is actively participating in an eligible activity and needs child care assistance for that same period.
2.  Meets the low income eligibility guidelines set by the county and state.
F.  Low-Income Eligibility Guidelines: 
1.  Family gross income may not exceed the maximum defined by the county of residence of the applicant. Each county shall determine its maximum gross monthly income guidelines not to exceed 225% of federal poverty guidelines. Income eligibility cannot be set below 130% of federal poverty guidelines.
2.  Generally, the expected monthly income amount is based on the income received in a previous month; except that, when the previous month does not provide an accurate indication of anticipated income or under circumstances as specified below, a different period of time may be applicable: 
a.  For new or changed income, a period shorter than a month may be used to arrive at a projected monthly amount;
b.  For contract employment in cases, such as in some school systems, where the employees derive their annual income in a period shorter than a year, the income shall be prorated over the term of the contract, provided that the income from the contract is not earned on an hourly or piecework basis;
c.  For regularly received self-employment income, net earnings will usually be prorated and counted as received in a three (3) month period, except for farm income. For further information, see section 3.920, (2), on self-employment under countable earned income.
d.  For all other cases where receipt of income is reasonably certain but the monthly amount is expected to fluctuate, a period of up to 12 months shall be used to arrive at an average monthly amount; 
e.  For income from rental property to be considered as self-employment income, the recipient must actively manage the property at least an average of twenty (20) hours per week. Income from rental property will be considered as unearned income if the applicant/recipient is not actively managing the property an average of at least 20 hours per week. Rental income, as self-employment or as unearned income, shall be averaged over a twelve (12) month period to determine monthly income. Income from jointly owned property must be considered as a percentage at least equal to the percentage of ownership or, if receiving more than percentage of ownership, the actual amount received.
f.  For cases where a change in the monthly income amount can be anticipated with reasonable certainty, such as with Social Security cost-of-living increases, or other similar benefit increases, the expected amount shall be considered in arriving at countable monthly income for the month received. 
g.  Income inclusions and exclusions (Section 3.920) shall be used in income calculations.
h.  Teen parent eligibility is determined by calculating the teen parent household's (one or two parents) gross monthly income. It does not include income from other individuals residing with the teen parent(s), including other family members.
i.  Irregular child support income shall be averaged over a period of time up to 12 months in order to calculate household income.
3.  Income Verification at Application 
a.  Written documentation of earned and unearned income is required within thirty (30) calendar days. 
b.  If written documentation is not available at time of eligibility determination, verbal verification from the employer or other person issuing the payment may be obtained. Written documentation supporting the verbal verification must still be provided within thirty (30) calendar days. County staff will document the verbal verification in the case file to include the date that the information was received, who provided the information, and a contact phone number.
c.  If income is not verified in writing within thirty (30) calendar days, the applicant's case will be closed and they will need to reapply for child care subsidies.
4.  Income Eligibility at Re-Determination
Beginning with the first six month redetermination, counties may adopt the following eligibility criteria for employed and self-employed families whose incomes exceed 130% of federal poverty guidelines. Gross monthly earned household income for employed and self-employed adults must exceed county child care payments by the following percentages: 
a.  Twenty percent (20%) if one or two children are in child care.
b.  Ten percent (10%) if three or more children are in child care.
c.  County may exempt a household from meeting a percentage requirement, on a case by case basis, if five or more children are in care.
A parent may volunteer to pay a child care fee that is higher than the required fee in order to meet the eligibility criteria of this rule.
If criteria 4, a or b are not met, the family shall not be eligible for assistance.
Families who become ineligible for child care due to the provisions of this rule and re-apply for Low-Income Assistance shall meet the conditions of this rule at time of application.
This eligibility criterion may be adopted by counties within the regulatory confines contained herein upon notice to the State Department.
G.  Eligible Households
1.  Eligible household compositions include the following situations: 
a.  One-parent households (see Section 3.903);
b.  Two parent households (see Section 3.903). 
2.  Both parents are engaged in an eligible activity during the same hours and cannot care for the child(ren).
3.  An unrelated individual who is taking the place of parent(s) for an eligible child, is required to obtain an affidavit from the child's biological parent or legal guardian which identifies the unrelated individual as the child's primary caretaker.
4.  An adult caretaker, other than the biological parent, caring for children who are receiving basic cash assistance through the Colorado Works Program may be eligible for Low-Income Child Care if the adult caretaker is not a participant; and, she/he meets all other Low-Income program criteria.
5.  Colorado Works applicants who meet Low-Income program criteria and have not yet been approved for benefits or have not received their first benefits are eligible if they meet the Low-Income program criteria.
H.  Ineligible Household Compositions
1.  Incapacitated single parents who are not in an eligible activity are not eligible for the Low-Income program. 
2.  Certified foster parents (relative or non-relative) who receive Title IV-E funds under foster care provider reimbursement rates for child maintenance shall not receive Low-Income Child Care for those same children. (“Foster care reimbursement rates for child maintenance” is reimbursement to cover the cost of providing food, clothing, shelter, daily supervision, school supplies, a child's personal incidentals, and reasonable travel to the child's home for visitation; refer to Social Services staff manual, Section 7.418.1, A (12 CCR 2509-5).) 
I.  Eligible Child
An "eligible child" is the child of an eligible applicant (see definition of eligible child in Section 3.903). Children who are not attending school as defined by the Colorado Department of Education (25-4-902 and 25-4-908, C.R.S.) and are receiving care must provide a copy of their immunization record indicating that the children are age-appropriately immunized, unless exempt due to religious or medical reasons. 
1.  Counties may require a copy of the current immunization record as a part of the application process and annually thereafter in conjunction with the family’s redetermination of eligibility. Families would have thirty (30) calendar days from the date of application to provide the information.
2.  Counties that choose not to require immunization records as a part of the application and redetermination process must require providers to maintain immunization records indicating that the children are age-appropriately immunized and monitor those providers to ensure their compliance as set forth in Sections 3.906, A, 8 and 3.906, B, 4, below.
F.  Eligible Activities
Applicants must meet the criteria of at least one of the following activities: 
1.  Employment Criteria
Applicants may be employed full or part time. Applicants must submit written verification of employment and wages within thirty (30) calendar days of application.
2.  Self-Employed Criteria
a.  At time of application, self-employed applicants must submit written verification of self-employment status.
b.  Self-employed applicants must show that they have maintained an average income that exceeds their business expenses from self-employment to be eligible.
c.  Self-employed parents must show that their taxable gross income divided by the number of hours worked equals at least the current federal minimum wage in order to be eligible under self-sufficiency guidelines.
3.  Job Search Criteria
Job search child care is limited to 30 actual days of child care in a 12 month period beginning with the first day of job search activity. Job search child care shall be approved in the following situations: 
a.  When individuals lose their jobs while enrolled in the Low-Income program.
b.  For new applicants, when approved and monitored by the county worker to ensure that job search activities comply with county standards.
4.  Training Criteria
a.  Training is an eligible activity for teen parents who are attending high school, junior high/middle school, or a GED program, are under twenty-two (22) years of age, and whose child was born prior to the parent's twentieth (20th) birthday.
b.  For parents who are not teen parents, counties may opt to offer training as an eligible activity within the regulatory confines set forth herein. If a county intends to include training for parents as an eligible activity, the county must notify the Colorado Department of Human Services in writing of its intention and the effective date of implementation. Child care staff may refer parents to community employment and training resources for assistance in making a training decision.
1)  At the option of the county, educational programs include post secondary education for a first bachelor's degree or less, or vocational/technical job skills training which result in a diploma or certificate, for a maximum of forty-eight (48) months. This is limited to coursework for the degree or certificate.
2)  In addition to the months of assistance available for post secondary and vocational or technical training, 6 months of assistance is allowable for GED, high school diploma, English as a Second Language or Adult Basic Education. 
3)  A maximum number of months allowed by the county for post-secondary, vocational and technical education, plus the allowable 6 months is available for each parent.
c.  Failure to meet the eligibility criteria will result in denied or discontinued benefits. Applicants for Low-Income Child Care Assistance who are denied or whose benefits have been discontinued shall be mailed notice of that action in accordance with Section 3.915.3.
H.  Transition Off of Assistance
At the option of the county, families receiving Low-Income Child Care Assistance, who become ineligible because their income exceeds the gross monthly income guidelines set by the county, may continue to receive assistance for six months following the date they became ineligible when the following criteria are met: 
1.  The family’s gross monthly income does not exceed 85% of the state’s median income, published annually by the U.S. Department of Health and Human Services, Administration for Children and Families, based on family size.
2.  The family and the county work together to prepare the family for the transition off assistance.
3.  Counties selecting this option notify the state in advance of their selection of this option, including an outline of the county’s transition plan strategies for families.
I.  Child Support Enforcement (County Option) 
At the option of the county, families receiving Low-Income Child Care Assistance must apply for and cooperate with Child Support Enforcement pursuant to Section 26-13-106(2), C.R.S., for child support establishment, modification and enforcement services related to any support owed by absent parents to their children.
1.  Counties shall refer all recipients to the Child Support Enforcement Unit or delegate unless a good cause exemption has been granted.
a.  Counties shall inform all recipients oft their right to apply for a good cause exemption in writing at the time of application as well as any time while receiving child care. Counties shall extend benefits until good cause determination is complete.
b.  "Good cause" shall include, but not be limited to, the following valid claims: 
1)  potential physical or emotional harm to a child or children; or,
2)  potential physical or emotional harm to a parent or caretaker relative; or,
3)  pregnancy or birth of a child related to incest or forcible rape; or,
4)  legal adoption in a court of law or a parent receiving pre-adoption services.
c.  The county director or designee shall make determination of good cause exemption.
2.  The recipient must apply for and cooperate with the Child Support Enforcement Unit or delegate agency within 30 calendar days of initial date of approval. For existing cases, the county shall require the recipient to cooperate with Child Support Enforcement within 30 calendar days of the date the county provides written notification of the requirement. If the recipient fails to cooperate within the required time frames and written notice is provided to the Child Care program by the IV-D administrator or delegate agency, the child care assistance case shall be closed.
3.  Loss of eligibility for Low-Income Child Care benefits will occur if households do not cooperate with the Child Support Enforcement Unit or delegate agency and written notice is provided to the Child Care Assistance program.
4.  For Low-Income Child Care Assistance recipients, “cooperation” is defined as: 
a.  Applying for child support enforcement within fifteen (15) calendar days; and,
b.  Outlined by Sections 6.230.11-6.230.17 and 6.230.21-6.230.26 of the Child Support Enforcement rule manual (9 CCR 2504-1) specifying that cooperation is determined by the county IV-D administrator or delegate agency; and,
c.  Parent maintaining an active Child Support Enforcement case while receiving Low-Income Child Care Assistance benefits.
5.  If the Child Care Assistance Program receives written notice from the Child Support Enforcement Unit that the household has not cooperated, the child care program shall notify the household within eleven (11) calendar days, in writing, that he/she has thirty (30) calendar days to cooperate or request a good cause exemption. The household shall also be notified that the child care case shall be closed within fifteen calendar days, unless the household cooperates or requests a good cause exemption. The county shall extend benefits until good cause determination is complete, as long as the recipient meets all other eligibility criteria. The county shall make a good cause determination within fifteen (15) calendar days of the request.
6.  If a household's benefits are terminated due to failure to cooperate, that household shall remain ineligible in all counties that have this option until cooperation is verified by the Child Support Enforcement Unit or delegate agency.
7.  At the time of referral from the Colorado Works Program to the Low-Income Child Care Assistance Program, the Low-Income Child Care Assistance Program shall notify recipients within eleven (11) calendar days of the referral of his/her continued requirement to cooperate with the Child Support Enforcement Unit, in writing. The county shall also inform the Child Support Enforcement Unit of that household's continued requirement to cooperate within the same time frame.
8.  Households shall not be required to cooperate with Child Support Enforcement if: 
a.  Good cause has been established; or,
b.  The household is a foster parent of a child on the Low-Income Child Care case; or,
c.  The child support case is closed pursuant to Section 6.260.51 (9 CCR 2504-1); or,
d.  The Low-Income Child Care case is a two-parent household if there are no absent parents for any children in the home.
3.920  ELIGIBILITY INCLUSIONS/EXCLUSIONS/ADJUSTMENTS [Rev. eff. 11/1/07]
A.  Income Inclusions
1.  Wages, salary, armed forces pay, commissions, tips, and cash bonuses are counted before deductions are made for taxes, bonds, pensions, union dues and similar deductions. If child care is provided for an employment activity, then taxable gross wages divided by the number of hours must equal at least the current federal minimum wage.
2.  Taxable gross income from non-farm self-employment (gross receipts minus expenses from one's own business, professional enterprise, or partnership). 
a.  These verified expenses include, but are not limited to: 
1)  The rent of business premises;
2)  Wholesale cost of merchandise;
3)  Utilities;
4)  Taxes;
5)  Mileage expense for business purposes only;
6)  Labor; and,
7)  Upkeep of necessary equipment.
b.  The following are not allowed as business expenses from self employment: 
1)  Depreciation of equipment;
2)  The cost of and payment on the principal of loans for capital asset or durable goods; and,
3)  Personal expenses such as personal income tax payments, lunches, and transportation to and from work.
c.  If child care is provided for an employment activity, then taxable gross wages divided by the number of hours must equal at least the current federal minimum wage. To determine a valid monthly income taxable gross income may be averaged for a period of up to 12 months. 
3.  Taxable gross income from farm self-employment (gross receipts minus operating expenses from the operation of a farm by a person on his own account, as an owner, renter or sharecropper). Gross receipts include the value of all products sold, government crop loans, money received from the rental of farm equipment to others, and incidental receipts from the sale of wood, sand, gravel, and similar items. Operating expenses include cost of feed, fertilizer, seed, and other farming supplies, cash wages paid to farmhands, cash rent, interest on farm mortgages, farm building repairs, farm taxes (not state and federal income taxes), and similar expenses. The value of fuel, food, or other farm products used for family living is not included as part of net income. If child care is provided for an employment activity, then taxable gross wages divided by the number of hours must equal at least the current federal minimum wage. To determine a valid monthly income taxable gross income may be averaged for a period of up to twelve (12) months. For all other cases where receipt of income is reasonably certain but the monthly amount is expected to fluctuate a period of up to twelve (12) months shall be used to arrive at an average monthly amount.
4.  An in-kind benefit is any gain or benefit received by the household, which is not in the form of money such as meals, clothing, public housing or produce from a garden. 
5.  Vendor payments are money payments that are not payable directly to a household, but are paid to a third party for a household expense and are countable when the person or organization making the payment on behalf of a household is using funds that otherwise would need to be paid to the household.
6.  (None)
7.  Railroad retirement insurance.
8.  Veteran's pensions paid by the Veteran's Administration to disabled members of the armed forces or to survivors of deceased veterans, subsistence allowances paid to veterans for education and on-the-job training, and “refunds”    paid to veterans as Gl insurance premiums.
9.  Pensions and annuities include retirement benefit payments, 401(k) payments, IRA payments, pension payments or any other payment from an account meant to provide for a retired person or their survivors. Early payout from these accounts is countable income minus the amount deducted for penalties.
10.  Dividends, interest (on savings or bonds), income from estates or trusts, net rental income or royalties include dividends from stockholders or memberships in association, interest on savings or bonds, periodic receipts from estates or trust funds, net income from rental of a house, store, or other property to others, receipts from boarders or lodgers, and net royalties.
11.  Inheritance, gifts, and prizes.
12.  Proceeds of a life insurance policy, minus the amount expended by the beneficiary for the purpose of the insured individual's last illness and burial, which are not covered by other benefits.
13.  Proceeds of a health insurance policy or personal injury lawsuit to the extent that they exceed the amount to be expended or required to be expended for medical care.
14.  Strike benefits.
15.  Lease bonuses and royalties e.g., oil and mineral.
16.  Social Security pensions, survivor's benefits and permanent disability insurance payments made prior to deductions for medical insurance.
17.  Unemployment insurance benefits.
18.  Worker's compensation received for injuries incurred at work.
19.  Maintenance payments made by an ex-spouse for support of the spouse as a result of a dissolution of a marriage.
20.  Child support payments.
21.  Military allotments.
22.  Public cash assistance grants including Old Age Pension (OAP), Aid to the Needy Disabled (AND) and Temporary Assistance to Needy Families (TANF) (refer to definitions in Section 3.903).
23.  Non-recurring lump sum payments are included as income only in the month received. If the payment was not reported in the month received, it will be included as income the month following receipt.
24.  WIA wages earned in work experience or on-the-job training.
25.  AmeriCorps income.
26.  CARES payments – refugee payments from refugee services.
B.  Income Exclusions
1.  Earnings of a child in the household. If the child is a teen parent, this exclusion does not apply (refer to Section 3.919, F, 2, h). 
2.  Supplemental Security Income under Title XVI.
3.  Any payment made from the Agent Orange Settlement Fund, pursuant to P.L. No. 101-201.
4.  The value of Food Stamp coupons.
5.  Benefits received under Title VII, Nutrition Program for the Elderly, of the Older Americans Act.
6.  The value of supplemental food assistance received under the special food services program for children provided for in the National School Lunch Act and under the Child Nutrition Act, including benefits received from the special supplemental food program for women, infants and children (WIC).
7.  Payments received under Title Il of the Uniform Relocation Assistance and Real Property Acquisition Policies Act.
8.  Experimental Housing Allowance Program (EHAP) payments made by HUD under Section 23 of the U.S. Housing Act.
9.  Payments made from Indian judgment funds and tribal funds held in trust by the Secretary of the Interior and/or distributed per capita.
10.  Distributions from a native corporation formed pursuant to the Alaska Native Claims Settlement Act (ANCSA).
11.  Major disaster and emergency assistance provided to individuals and families, and comparable disaster assistance provided by states, local governments and disaster assistance organizations.
12.  Payments received from the county or state for providing foster care, or for an adoption subsidy.
13.  Payments to 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 I (VISTA) when the value of all such payments adjusted to reflect the number of hours such volunteers are serving is not equivalent to or greater than the minimum wage, and Title II and III of the Domestic Volunteer Services Act.
14.  Low-Income Energy Assistance (LEAP) Program benefits.
15.  Social security benefit payments and the accrued amount thereof to a recipient when an individual plan for self-care and/or self-support has been developed.
16.  Earned Income Tax Credit (EIC) payments.
17.  Monies received pursuant to the “Civil Liberties Act of 1988,”    P.L. No. 100-383 (by eligible persons of Japanese ancestry or certain specified survivors, and certain eligible Aleuts).
18.  Any grant or loan to any undergraduate student for educational purposes made or insured under any programs administered by the Commissioner of Education (Basic Educational Opportunity Grants, Supplementary Educational Opportunity Grants, National Direct Student Loans, and Guaranteed Student Loans); Pell Grant Program, the PLUS Program, the Byrd Honor Scholarship programs, and the College Work Study Program.
19.  Training allowances granted by WIA to enable any individual, whether dependent child or caretaker relative, to participate in a training program are exempt.
20.  Payments received from the youth incentive entitlement pilot projects, the youth community conservation and improvement projects, and the youth employment and training programs under the Youth Employment and Demonstration Project Act.
21.  Any portion of educational loans and grants obtained and used under conditions that preclude their use for current living costs.
22.  Financial assistance received under the Carl D. Perkins Vocational and Applied Technology Education Act that is made available for attendance costs. Attendance costs include: tuition, fees, rental or purchase of equipment, materials, supplies, transportation, dependent care and miscellaneous personal expenses.
23.  Any money received from the Radiation Exposure Compensation Trust Fund, pursuant to Public Law No. 101-426 as amended by Public Law No. 101-510. 
24.  Resettlement and Placement (R & P) vendor payments for refugees.
25.  Supportive service payments under the Colorado Works Program.
26.  Home Care Allowance under adult categories of assistance.
27.  Loans from private individuals as well as commercial institutions.
C.  Income Adjustments
Verified court-ordered child support payments for children not living in the household shall be deducted prior to applying the monthly gross income to the maximum gross monthly income guidelines and when calculating parent fees. There must be a verification that payments are actually made. Such verification must be made at the time of initial approval of eligibility for services and at the time of each redetermination of eligibility, or more frequently if there has been a change in support payments.
3.921  REDETERMINATION [Rev. eff. 11/1/07]
A.  A re-determination of eligibility shall be conducted every six (6) months. The State prescribed eligibility re-determination form shall be mailed to households at least forty-five (45) days prior to the re-determination due date. Parents shall complete and return to Child Care staff by the re-determination due date. Parents who do not return eligibility re-determination forms shall not be eligible for child care subsidies.
1.  Employed parents shall submit documentation of employment status, scheduled hours, and income.
2.  Parents in training shall submit documentation from the training institution which indicates the parent is making satisfactory progress in school and verifies current student status.
3.  Parents shall submit current copies of immunization records as required by the county but no more than annually.
B.  Families who are transitioned from the Colorado Works Program to Low-Income Child Care shall be re-determined as defined in county policy within six (6) months of the date the Low-Income case is opened.
C.  In addition to the 6 month re-determinations, parents shall report and verify all changes within ten (10) calendar days. If reported changes are substantial in nature, the county may require a re-determination prior to the six (6) month due date. Substantial changes include household composition, eligible activity, and/or change in employment.
D.  Parental fees shall be reviewed upon a reported change or at re-determination. An adjusted parental fee will be based on an average of at least the past three months gross income or a best estimate of anticipated income in the event of new employment or a change in the parents' regular monthly income. The fee change shall be effective the first full calendar month after the change is reported and verified, and timely written notice is provided.
E.  If a parent fails to report changes, which makes the parent ineligible for all or a portion of the child care subsidies, the county shall recover the appropriate child care subsidies made during the period of ineligibility.
F.  For parents whose children are enrolled in Head Start, counties may opt to limit re-determination of eligibility to annually coincide with the Head Start school schedule. These families are still responsible for notifying the county of any changes that may impact eligibility (see paragraph C. of this section).
3.922  TERMINATION OF CHILD CARE SERVICES [Rev. eff. 11/1/07]
A.  Child care subsidies will cease for the following eligibility related reasons (Low-Income program only)
1.  Eligible child exceeds age limits
2.  Parent's income exceeds eligibility guidelines
3.  Parent did not pay parental fees, or an acceptable payment schedule has not been worked out between the provider and parent
4.  Parent fails to report eligibility changes
5.  Parent exceeds activity time limits
6.  Parent fails to comply with re-determination requirements
7.  Parent is not involved in an eligible activity
8.  Parent has become a participant in Colorado Works.
9.  Parent's income does not exceed child care costs by the required percentage at re-determination of eligibility.
10.  Parent did not pay provider after receiving payment, or an acceptable payment schedule has not been worked out between the provider and parent.
11.  Parent did not submit immunization records required.
12.  Parent’s 6-month post-eligibility period has expired.
13.  Parent is no longer a resident of the county.
14.  Parent is not cooperating with child support establishment, modification or enforcement services and, if the parent has applied for a good cause exemption, the county director or designee has determined that the parent is not eligible for a good cause exemption.
B.  Reason for termination shall be documented on the State prescribed document.
C.  The provider and parent shall be mailed notice of termination of subsidy pursuant to Section 3.915.3.
D.  Nothing in this section shall preclude a parent from voluntarily withdrawing from the Low-Income program.