201 ELIGIBILITY DETERMINATIONS

201.1 To be eligible for subsidized child care in the District, a child shall, at the time of eligibility determination or redetermination:

1. (a) Be under thirteen (13) years old, or under nineteen (19) years old if the child has special needs.
2. (b) Reside with a parent(s), guardian(s), or adult with legal relationship to child;
3. (c) Be a United States citizen or an alien lawfully admitted for permanent residence or otherwise lawfully and permanently residing in the United States;
4. (d) Be a resident of the District of Columbia;
5. (e) Meet the requirements for one of the following categories of need:
6. (1) Resides with parent(s) who are working or attending a job training or education program;
7. (2) Resides with parent(s) who is seeking employment or engaging in job search; or
8. (3) Receives, or needs to receive, protective services or is considered a vulnerable child, as defined herein; and
9. (f) Resides with a parent(s) or guardian(s) whose:
10. (1) Gross annual income does not exceed two hundred fifty percent (250%) of the Federal Poverty Level (FPL) or eighty-five percent (85%) of the District of Columbia's State Median Income (SMI) based on family size, whichever is lower; and
11. (2) Family assets do not exceed one million dollars (\$1,000,000).

201.2 If there is insufficient funding for the District’s subsidized child care program and a waitlist is put into effect because there are more applicants than available funds, OSSE shall give priority for subsidized child care services to:

(a) Children of families with very low family income;

(b) Children with special needs, including vulnerable children; and

(c) Children experiencing homelessness.

201.3 Once a child is determined as eligible for receiving child care subsidy assistance, the family or individual will be considered to meet all eligibility requirements for such assistance and will receive assistance for not less than twelve (12) months before a redetermination of eligibility.

201.4 A child shall remain eligible for the District of Columbia's child care subsidy program throughout the twelve (12) month eligibility period regardless of:

(a) A change in gross annual family income, if the gross annual family income does not exceed eighty-five percent (85%) of the SMI for a family of the same size;

(b) A temporary change, as defined in this chapter, in the child's parent(s) or guardian(s) ongoing status;

(c) A change in the child's age, including turning thirteen (13) during the eligibility period; or

(d) Any change in residency within the District of Columbia.

201.5 A child's eligibility for the District of Columbia's child care subsidy program shall be redetermined during the twelve (12) month eligibility period in the following situations:

(a) Any change in residency to outside of the District of Columbia;

(b) Non-temporary change, as defined in this chapter; or

(c) A change in income, if the family's annual income exceeds eighty-five percent (85%) of the SMI for a family of the same size.

201.6 Applicants shall notify OSSE, or its authorized designee, within ten (10) calendar days of the occurrence of any of the changes listed in Subsection 201.5.

201.7 Families who are classified as being over the income threshold at the end of the twelve (12) month eligibility period are to still be considered eligible for subsidized child care services if the gross annual family income does not exceed eighty-five percent (85%) of the current SMI.

201.8 Any family already designated as eligible for subsidized child care and receiving

such services whose income reaches eighty-five percent (85%) of the current SMI shall continue to receive subsidized care for no more than three (3) months. At the end of the three (3) month period of continued assistance, if the gross annual family income is below 85% of the most current SMI, assistance cannot be terminated and the child shall continue receiving assistance until the next scheduled redetermination.

201.9 Applicants cannot be required to unduly disrupt their education, training, or employment in order to complete the eligibility redetermination process.

201.10 OSSE, or its authorized designee, may deny an application for subsidized child care services if:

1. (a) The applicant does not satisfy the eligibility requirements for relationship, the child's citizenship or status within the United States, residency, need and/or income;
2. (b) The applicant has failed to provide all required documentation for the establishment of eligibility within thirty (30) days of the date of the application;
3. (c) The applicant's information is found to be false; or
4. (d) Funds are not available for placement for a family that is not provided for in Subsection 201.2. In this case, the applicant's name may be added to a waiting list.

201.11 When the application for subsidized care is denied, OSSE, or its authorized designee, shall issue written notice to the applicant that provides:

1. (a) The decision;
2. (b) The basis for the decision, including legal citations where appropriate; and
3. (c) An explanation of the applicant's right to an Administrative Hearing.

SOURCE: Final Rulemaking published at 64 DCR 9542 (September 29, 2017); as amended by Final Rulemaking published at 66 DCR 1115 (January 25, 2019).