PURPOSE: This rule establishes the requirements for eligibility requirements and authorization of Child Care Subsidy.

1. (1) Eligibility. To be eligible to receive Child Care Subsidy, the applicant shall meet the following criteria:

   1. (A) Residency. The applicant must reside in the state of Missouri and intend to remain in the state of Missouri for the duration Child Care Subsidy is provided;

   2. (B) Citizenship Status. A child receiving services shall be a—

      1. 1. United States (U.S.) citizen; or
      2. 2. Qualified alien pursuant to 8 U.S.C.

section 1641;

1. (C) Eligibility Unit. The applicant must qualify as an eligibility unit. A school age child, who is also the parent of a child in the same home, has the option of being a separate family unit for purposes of determining eligibility for Child Care Subsidy;
2. (D) Relationship. The applicant for child 13 CSR 35-32

care services must be the parent of the child for whom child care services are being requested;

1. (E) Income Eligibility Requirements.

   1. 1. To qualify for Child Care Subsidy, the

eligibility unit’s Adjusted Gross Income must be less than or equal to the maximum income for the family size allowed by income guidelines. Guidelines shall be published annually in an electronic format available to the public. Income guidelines are based on the Federal Poverty Level as published in the Federal Register. An eligibility unit income may not exceed eighty-five percent (85%) of the state median income for an eligibility unit of the same size on the date a subsidized service is delivered. Protective services children do not have to demonstrate a financial need for Child Care Subsidy under this subsection.

1. 2. Eligibility unit assets cannot exceed

one (1) million dollars as certified by the applicant. The eligibility unit shall provide documentation of eligibility unit’s assets if requested by the division.

1. 3. The applicant shall provide documen-

tation or any information requested by the Family Support Division to verify the eligibility unit’s income;

1. (F) Need for Child Care.

   1. 1. To be eligible for Child Care Subsidy,

applicant must have a valid need for child care and must be unable to arrange another child care plan. The applicant must provide documentation or any information requested by the Family Support Division to verify his/her need for child care. The need requirement is met under the following circumstances:

1. A. The applicant is a recipient of Tem-

porary Assistance for Needy Families (TANF) benefits and employed, in school, or enrolled in a training program for employment; or

1. B. The applicant is enrolled in a

school or training program—

1. (I) To complete the High School

Equivalency Test (HiSET);

1. (II) To attend regular high school

classes;

1. (III) To attend a college or univer-

sity with the intent of receiving a bachelor’s degree; or

1. (IV) To attend a training or educa-

tional program in which the end result is a professional or technical job skill leading toward employment in a specific field upon graduation; or

1. C. The applicant has a disability or

incapacity, confirmed by a medical professional or mental health professional, which renders him/her unable to care for a child except with the provision of child care. The applicant must submit a written, signed statement from a medical professional or mental health professional. This statement must include the hours of care needed per day/week and the anticipated duration of need for care;

1. D. The applicant is consider homeless

as defined in 42 U.S.C. section 11302(a), also known as the McKinney-Vento Homeless Assistance Act, and the applicant is working with a community based organization to eradicate homelessness; or

1. E. The child is in the legal custody of

the Children’s Division pursuant to an order of the juvenile court.

1. (2) Processing of Application.

   1. (A) An applicant shall request child care subsidy in person, by telephone, by mail, by fax, or by electronic means using a form furnished by the division. The form shall include, but not be limited to, information related to the applicant’s residency, citizenship, household composition, relationships, assets, and household income.
   2. (B) Applicants shall provide complete and accurate information to the division when determining eligibility or continuing eligibility for child care services. Applicants who fail to provide complete and accurate information or to comply with the provisions of these rules shall be ineligible for Child Care Subsidy.
   3. (C) Information provided by applicants or participants shall not be disclosed to the public, except as allowed by section 208.120, RSMo.
   4. (D) Upon receipt of a completed application, the Family Support Division of the Department of Social Services shall review the application and determine the applicant’s eligibility.
   5. (E) If the Family Support Division determines the applicant is eligible for Child Care Subsidy, the Family Support Division will send a written notice to the applicant notifying him/her of child care services authorized, amount of sliding scale fee, and changes that must be reported to maintain eligibility.

   6. (F) If the Family Support Division determines the applicant is not eligible for Child Care Subsidy, the Family Support Division will send a written notice to the applicant. The notice shall—

      1. 1. Inform the applicant of the nature of

the decision;

1. 2. Include a brief summary of the factu-

al and legal basis for the division’s decision; and

1. 3. Notify the applicant of his/her right to

appeal to the director.

1. (3) Payment.

   1. (A) Parental Choice.

      1. 1. A participant may enroll his/her child

with any child care provider contracted with the division, subject to acceptance by the child care provider. A parent may choose to enroll his/her child with a different provider at any time. Child Care Subsidy payments shall be made directly to the child care provider. The parent shall notify the Family Support Division of the initial child care provider and any change in the child care provider within ten (10) days of the change. The notice shall include: the date of disenrollment from the provider, the names and identifying information of the child(ren) involved and, where applicable, identify the new subsidized child care provider.

1. 2. If the participant chooses a child care

provider who will care for a related child, the participant must sign an attestation of relationship to the child on a form provided by the division.

1. (B) Maximum Payment. Maximum payment by the division for infant, preschool, or school-age child care services shall not exceed the maximum base rate plus any rate differentials or the actual charges by the child care provider, whichever is less. The maximum base rate is set on an annual basis based on appropriations from the General Assembly for the child care subsidy program and is based on the age of the child, hours of care requested, facility type, and in the applicable geographic area of the state.

2. (C) Sliding Fee Scale. Child care participants may be required to pay a fee to the child care provider based on their adjusted gross income and family size. This fee shall be based on a sliding fee scale, which shall be determined on an annual basis based on appropriations from the General Assembly.

   1. 1. The sliding fee amount is determined

by the household size and adjusted gross income.

1. 2. The maximum child care subsidy pay-

ment shall be the maximum base rate minus the applicable sliding fee amount, if any.

1. 3. The maximum base rate is based on

the age of the child for whom child care services are requested, hours of care requested, the facility type requested, in the applicable geographic area of the state. The maximum base rate is subject to appropriations.

1. 4. The sliding fee may be waived for a

child with special needs.

1. 5. Child care participants who fail to pay

the required sliding fee shall be ineligible for Child Care Subsidy until the required sliding fee is paid or until the child care participant enters into a written agreement with the child care provider to pay the required fee. The participant shall provide a copy of any such agreement to the division before the subsidy is paid.

1. (D) Co-Payment. Child care participant may be required to pay a co-payment to the child care provider when the child care provider’s rate for care is higher than the maximum rate paid by the division. The parent must negotiate this fee directly with the child care provider. The division shall not be responsible for the payment of, collection, or enforcement of any co-payment.

1. (4) Maintaining Eligibility.

   1. (A) Reporting Changes.

      1. 1. A participant must report the follow-

ing events to the Family Support Division within ten (10) business days from the date of occurrence:

1. A. A change in income if it exceeds

eighty-five percent (85%) of the state median income for an eligibility unit of the same size;

1. B. Eligible child no longer resides

with the participant;

1. C. Cessation of employment, job train-

ing, or education program; or

1. D. Any changes to the participant’s

contact information, including, but not limited to, address and phone number.

1. 2. Failure to timely report the above

changes may result in a participant overpayment pursuant to 13 CSR 35-32.100.

1. 3. Upon receipt of a reported change

under subparagraphs (4)(A)1.A.–(4)(A)1.C, the Family Support Division shall redetermine the participant’s eligibility to receive child care subsidy, and notify the participant of the redetermination in the same manner as described in section (2). The Family Support Division may, but is not required to, redetermine the participant’s eligibility upon receipt of a reported change under subparagraph (4)(A)1.D.

1. 4. Participants will remain eligible for

child care subsidy for not less than three (3) months after parent’s employment, job training, or educational program ends.

1. (B) Annual Redetermination. To continue to receive child care subsidy, participants shall request a redetermination every twelve

1. (12) months from the date of initial eligibility determination or most recent redetermination.

   1. (C) Transitional Child Care. An eligibility unit may be allowed a gradual phase out of child care assistance if the family income has increased but remains less than upper income limit for the highest level of transitional child care. The Family Support Division shall determine the eligibility unit’s eligibility for transitional child care and shall notify the parent in writing.

2. (5) Direct Appeal to the Director. Any applicant or participant, whose child care subsidy eligibility has been denied or changed may appeal such decision to the director in accordance with the provisions of section 208.080, RSMo.

   1. (A) The participant/applicant shall request a direct appeal to the director in writing within ninety (90) days of the date of notification of the denial or change of Child Care Subsidy eligibility.
   2. (B) If the participant/applicant timely makes a direct appeal to the director, the director shall designate the Administrative Hearings Unit of the Division of Legal Services of the Department of Social Services to hear all cases. The Administrative Hearings Unit shall hear cases under the procedures outlined in 13 CSR 40-2.160.

   3. (C) The burden shall be on the participant/applicant to prove:

      1. 1. The denial or change of Child Care

Subsidy eligibility was inconsistent with all applicable laws and regulations.

1. (D) The department may present testimony, documents, or other evidence to rebut evidence presented by the participant/applicant.
2. (E) Upon completion of the hearing, the Administrative Hearings Unit shall issue a written decision as approved by the director, except in default cases or cases disposed of by stipulation, consent order, or agreed settlement. The decision shall include or be accompanied by findings of fact and conclusions of law. The findings of fact shall be stated separately from the conclusions of law and shall include a concise statement of the findings on which the agency bases its order. The Administrative Hearings Unit shall deliver or mail its decision, findings of fact, and conclusions of law to each party, or his/her attorney of record. The decision of the Administrative Hearings Unit shall be the final decision of the department.

1. (6) Destruction of Records. The division may destroy all applications and records compiled in connection with the determination and payment of Child Care Subsidy after ten (10) years have elapsed after the case is closed or the application has been rejected and the decision is final.

AUTHORITY: sections 207.020, 210.025, and 210.027, RSMo 2016,* 42 U.S.C. section 9858, et. seq., Executive Order 03-03. Original rule filed Jan. 3, 2017, effective Aug. 30, 2017. *Original authority: 207.020, RSMo 1945, amended 1961, 1965, 1977, 1981, 1982, 1986, 1993, 2014; 210.025, RSMo 1999, amended 2004; and 210.027, RSMo 1999, amended 2014.