218-RICR-20-00-4
A. The Rhode Island Department of Human Services (DHS) recognizes the importance of providing strong access to affordable, quality child care for all Rhode Island families. Access to affordable, quality child care services is critical to supporting Rhode Island children achieve developmental and academic outcomes for their long-term success.
1. The Starting RIght Child Care Assistance Program (CCAP), adopted in 1998, ensures access to affordable, developmentally appropriate, early childhood education and support services for young children and their families. The CCAPs focus is on three (3) crucial supports:
c. Implementing quality initiatives to enhance the quality, supply and availability of child care in Rhode Island.
B. Accessible, affordable high quality child care benefits a strong Rhode Island economy by supporting today’s workers and providing children, our future workforce, a strong foundation for learning. The Child Care Assistance Program (CCAP) maintains its efforts to transform the State's child care subsidy programs to fulfill the comprehensive goals of Starting RIght. Accordingly, the purpose of the Child Care Assistance Program is to:
A. For the purposes of this Administrative Rule, the following definitions apply unless otherwise noted:
4. “Approved child care provider” means an individual or program that:
6. “Approved education and training program” means a training, apprenticeship, internship, on-the-job training, work experience, work immersion, or other job readiness/job attachment program that is:
23. “Excluded income” means certain money, goods or services that are not considered countable for the purposes of determining whether a family meets the requirements for the CCAP income eligibility. Excluded income includes, but is not limited to, the following:
24. “Family child care home” means a licensed residence where the resident can provide child care for up to six (6) children, or up to eight (8) children with an approved assistant.
27. “Group family child care home” means a child care program located in the provider's home residence in which child care services may be offered at the same time for up to nine (9), but no more than twelve (12) children unrelated to the child care provider.
28. “Housing insecure individuals” means individuals who:
29. “Income” means any money, goods or services available to the financial unit used to calculate eligibility for the CCAP. For the purposes of the CCAP, countable income includes, but is not limited to, any of the following:
40. “Parent” means any person in the household who is legally and financially responsible for the routine care of the applicant child(ren) including, but not limited to, providing income, resources or other forms of support.
43. “Relationship, acceptable degree” means dependent child must be living with a relative of acceptable degree of relationship in a home maintained by such relative. The establishment of relationship is either biologically, through marriage, or through legal guardianship.
A. Families with incomes at or below two hundred sixty-one percent (261%) of the Federal poverty level (FPL) who meet the requirements for the Starting RIght Child Care Assistance Program (CCAP) are eligible to receive full or partial payment for child care expenses when delivered by a CCAP approved child care provider. There are three (3) avenues for qualifying for payment of child care expenses through the CCAP:
3. CCAP for College Eligibility –CCAP may be approved for families where a parent(s) requires child care assistance that is necessary to enroll or maintain enrollment in a degree program at a Rhode Island public institution of higher education if they meet the requirements set forth in § 4.6 of this Part.
A. For a child to be eligible to participate in the Child Care Assistance Program (CCAP), the family applying for the CCAP services shall meet the general requirements set forth in this Section as well as the specific requirements pertaining to either RI Works CCAP eligibility or income eligibility. To be eligible for the CCAP the following requirements have been met:
1. Age of applicant child(ren)
a. The child to receive the CCAP services shall be at least six (6) weeks old and below the age of thirteen (13) years unless the following circumstances apply:
2. Relationship
3. Residency
4. Citizenship
a. The applicant child shall be either a citizen of the United States or a qualified immigrant. There is no five (5) year waiting period for qualified immigrant children to be eligible for the CCAP. Qualified immigrants are:
(4) Battered spouses and children, whose need for benefits has a substantial connection to the battery or cruelty (parent/child of such battered child/spouse are also “qualified”), with one (1) of the following:
5. Need for Services
d. Child Care for College: The Department shall provide child care to Income Eligible/Low-income families with income below two hundred sixty-one percent (261%) of the Federal poverty level who are enrolled in a degree program at a Rhode Island public institution of higher education for a minimum of seven (7) credits in the semester of application.
6. Cooperation with the Office of Child Support Services
b. As a condition of the CCAP eligibility at application and at renewal, the parent/caretaker relative of the assistance unit is required to cooperate in establishing parentage, and in establishing and/or enforcing child support and medical support orders for any applicant child in the family, unless the parent/caretaker relative is found to have good cause for refusing to comply with these requirements. Sanctions for non-cooperation placed on a family during a twenty-four (24) month CCAP certification period will not negatively impact CCAP benefits until recertification. Additional requirements to cooperate with the Office of Child Support Services are detailed in § 4.3.2 of this Part.
A. An applicant or recipient must cooperate with the agency for any applicant child in the CCAP family unit (unless good cause for refusing to do so has been determined to exist) in:
B. In order for the applicant to be found cooperative in achieving the above objectives, the applicant must, at the request of the Office of Child Support Services:
3. Provide information, or attest to the lack of information, under penalty of perjury.
A. The failure of a parent/caretaker relative to cooperate with the Office of Child Support Services (OCSS) in establishing parentage or in establishing, modifying, or enforcing a medical and/or support order with respect to an applicant child, when the household does not qualify for good cause, results in the denial of CCAP benefits for that child only.
4. A pending letter will not be generated for any application filed by a client who is currently non-cooperative with OCSS.
B. Referral to the Domestic Violence Advocate
C. Refusal of Referral to Domestic Violence Advocate
D. Corroborative Evidence of Domestic Violence
E. Determination of Good Cause
1. A determination of good cause is based on the findings of the Domestic Violence Advocate; or,
4. If sufficient information to conduct an investigation is provided, an otherwise eligible applicant is provided assistance (or assistance is continued) pending the final determination on the good cause claim.
A. Cooperation is determined to be against the best interest of the child(ren) if:
1. The applicant's cooperation is reasonably anticipated to result in physical or emotional harm to the child, mother, or other relative with whom the child is living (Physical or emotional harm must be determined to be of a genuine and serious nature).
5. There is anticipated physical harm to the parent without corroborative evidence.
A. Corroborative evidence upon which a determination of good cause is based without further agency investigation is limited to documents similar to the following, which must be presented within twenty (20) days of the claim:
C. When sufficient information to permit an investigation is given or when the claim is one of anticipated physical harm without corroborative evidence and the DHS representative considers the claim credible and corroborative evidence is not available, the DHS representative will conduct an investigation.
D. On the basis of the evidence or the results of the investigation, the DHS agency representative makes a decision on the applicant's good cause claim.
A. Physical harm and emotional harm, as defined, must be of a serious nature. It must be demonstrated to the DHS agency representative that there exists an emotional impairment that substantially affects the applicant's functioning for a finding of good cause for emotional harm to be made.
1. If a determination is based in whole or in part upon the anticipation of emotional harm to the child, parent, or other caretaker relative, consideration is given to the following:
B. The DHS agency representative can find good cause on the basis of anticipated physical harm without corroborative evidence if the agency considers the claim credible without corroborative evidence and if such corroborative evidence is not available.
E. The failure of a parent/caretaker relative to comply with child support enforcement cooperation requirements without good cause results in the closure or denial of the case.
A. If an applicant discloses a domestic violence situation to the DHS, the agency representative refers the applicant to the Domestic Violence Advocate who conducts the Family Violence Option Assessment.
3. The Domestic Violence Advocate must review the suitability of any or all waivers at the end of the specified waiver period(s), or earlier if the applicant's circumstances change.
a. The maximum time period for the granting of a waiver is six (6) months.
A. Eligibility for the CCAP services are subject to the following limitations and exclusions:
1. One (1) CCAP Household per Applicant Child
c. A household other than the child's principal place of residence may only be considered a CCAP household if:
2. Shared Custody of the Child(ren)
3. Self-Employment as a Child Care Provider
a. Any parent whose income is derived solely from self-employment as a child care provider and who meets all eligibility requirements may be eligible for the CCAP authorized services but cannot enroll their CCAP eligible children in their own program for reimbursement.
A. The application for the CCAP consists of the required application, verification of certain eligibility criteria, and the need for services. When information is known to the DHS from other DHS program sources, and meets the minimum verification requirements of each program, independent verification is not required and previous verified information is used in determining the CCAP eligibility. Families seeking eligibility for the CCAP shall apply to the DHS in accordance with the following:
1. Point of Application
2. Application Packet
a. The completed application form signed by the applicant along with the documentation required to verify eligibility and the need for services must be submitted to the Department of Human Services to initiate a child care application.
B. The application period is the period when eligibility for the CCAP is determined by the DHS staff.
2. An application is considered incomplete until the DHS has all the information and documentation required to make an eligibility determination.
C. If there is missing information or documentation required to determine eligibility, the Department notifies the family in writing one (1) or more of the following as appropriate:
4. A statement indicating that the applicant may request services from an approved child care provider pending final determination of eligibility by the DHS. The statement shall include a disclaimer indicating that:
c. The DHS shall not guarantee payment for any child care expenses incurred while an application is pending.
D. Determining the Basis for Eligibility
2. The date the DHS determines to be the earliest date a family can begin receiving the CCAP authorized child care services is the initial eligibility, or care start date. This date may or may not be the same as the application date.
3. Applicants shall provide complete and accurate information and all documentation required for verification listed on the CCAP application. Submitting false or inaccurate information for the purposes of obtaining the CCAP eligibility shall result in denial of the application.
a. Non-cooperation. Failure to provide the documentation required to verify any eligibility requirement, including the source of income or need for services is acceptable grounds for a delay in the processing of an application. If such failure continues beyond the thirty (30) day application period, the application shall be deemed incomplete and denied on the basis of non-cooperation.
b. The application is valid until eligibility is determined by the DHS within the prescribed application period of thirty (30) days unless the application is withdrawn voluntarily or the DHS is responsible for the delay in processing the application. After thirty (30) days, submission of a new application may be required.
E. Members of the Military Reserve
3. This shall continue until the deployed individual is officially discharged from active duty (R.I. Gen. Laws § 40-5.2-20).
A. Applicant and recipient parents shall report to the DHS any changes in the information or documentation included in, or submitted in conjunction with, the CCAP application related to the general requirements in § 4.3 of this Part or criteria for RI Works CCAP eligibility (§ 4.5 of this Part) or income eligibility (§ 4.6 of this Part) within ten (10) days from the date the change occurs.
B. Families are required to report the following:
D. Families adding a child to an existing CCAP case will have their CCAP recertification date aligned with the required twenty-four (24) month certification period for the newly added child.
C. Families must submit the completed and signed form to the DHS by the renewal due date in order for the CCAP authorized services to continue without interruption.
A. RI Works recipients who fulfill the general requirements stated in § 4.3 of this Part, shall meet the following criteria to be eligible for the CCAP:
1. The CCAP authorized services shall only be approved for RI Works recipients who have an acceptable need for services related to fulfilling program requirements.
a. The following shall constitute an acceptable need for services for RI Works eligible families:
b. To have an acceptable need for services, TFD participants who are RI Works cash assistance recipients shall meet the following program-specific criteria:
(3) A teen parent who is under age sixteen (16) may not obtain authorized CCAP child care services on their own, unless documentation of emancipation exists or circumstances exist that the inclusion of the parent or legal guardian would present an obstacle to securing child care. The CCAP child care services extended to a teen parent under the age of sixteen (16) shall be authorized under a parent or legal guardian of the teen parent and may also include that teen parent as a child care recipient.
A. Child care services shall not be authorized for a RI Works CCAP eligible family under the following circumstances:
5. A person living in the same legal residence of the eligible child(ren) is providing the child care.
A. The following exceptions apply to the general and program-specific criteria for RI Works CCAP eligibility:
2. The CCAP services may be authorized if one (1) of the parents in a two (2) parent home does not have an approved employment plan when the family provides written verification from a licensed health care practitioner, program or facility, qualified to make such a determination, indicating that the parent without an approved employment plan cannot provide appropriate, routine care of the child due to a neurophysiological, psychological or emotional disorder, physical impairment, or serious health condition.
b. Any health information requested or obtained for the purposes of this Section shall be subject to the privacy protections established in State law and the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Pub. Law 104–191.
A. The CCAP co-payments are applied to recipients of RI Works as follows:
A. Working families, where a parent(s) is participating in an approved education or training program, or an approved college program as well as TFD participants not receiving RI Works cash assistance who meet the general requirements in § 4.3 of this Part and the following criteria may be CCAP income eligible:
1. Financial Determination
a. The countable income of the financial unit shall be at or below two hundred sixty-one percent (261%) of the Federal poverty level (FPL), based on family size.
(5) Families found eligible will be continued on Transitional Child Care until they reach three hundred percent (300%) of the FPL.
c. In the process of determining eligibility for the CCAP, prospective budgeting is used. Eligibility is established based on the knowledge and reasonable expectation of what income and circumstances will exist in the month for which a payment is authorized.
(2) The projected estimate of income is valid for the following periods:
B. Treatment of Assets
1. A determination of eligibility requires a declaration by the applicant that the family's assets do not exceed one million dollars ($1,000,000). Assets include vehicles (excluding primary vehicle), real estate properties (excluding primary residence), cash, money in bank accounts, investments (including, but not limited to, money market accounts, certificates of deposit or other time deposits, stocks, bonds, mutual funds, and other similar financial instruments or accounts).
2. Whenever the applicant is a joint account holder who has unrestricted access to the funds in the account, all of the funds in the account are presumed to be the resources of the applicant. The applicant is offered the opportunity to submit evidence in rebuttal as described below.
b. In order for a household member to demonstrate a lack of ownership, or only partial ownership of a resource, two (2) of the following sources of documentation must be presented as evidence:
C. Family Cost Sharing Requirement
1. Eligible families with countable income above one hundred percent (100%) of the FPL shall pay a share of the expense for the child care services.
c. The income levels and percentage range of family shares are as follows:
| LEVEL | FEDERAL POVERTY LEVEL | AMOUNT |
| Level 0 | Less than or equal to 100% | No Family Share |
| Level 1 | Above 100% up to and including 125% | 2% of Countable Gross Income |
| Level 2 | Above 125% up to and including 150% | 5% of Countable Gross Income |
| Level 3 | Above 150% up to and including 261% | 7% of Countable Gross Income |
| Level 4 | Above 261% up to and including 300% | 7% of Countable Gross Income |
2. The family share shall be determined without regard to the number of eligible children who are enrolled or the total of services utilized.
4. The Notice of Approval for child care assistance shall indicate whether a family is required to pay a share of the cost for authorized child services based on countable income.
b. The family shall also be informed of the amount of their family share and which provider(s) to pay in the Confirmation of Enrollment letter.
A. To be authorized for income-based CCAP child care services, the parent(s) shall have an acceptable need for services related to employment, or an approved educational or training program.
1. General Criteria: Income Eligible
a. For there to be an acceptable need for services in a two (2) parent home, each parent shall be employed a minimum of an average of twenty (20) hours per week in a month and require the CCAP child care services in order to work in accordance with the Section below, entitled, Limitations.
2. Program-Specific Criteria: Non RI Works cash assistance TFD Participants
a. To obtain the CCAP authorized services, non-RI Works teens applying for income eligibility shall meet the applicable general criteria as well as the following program-specific criteria:
3. Program-Specific Criteria for Child Care for Training
b. To obtain the CCAP authorized services, such applicants applying for income eligibility shall meet the applicable general criteria as well as the following program-specific criteria:
c. For there to be an acceptable need for services in a two (2) parent home, one (1) parent shall be participating in approved education or training activities, and the other parent shall be participating in approved education or training activities or employed for an average of twenty (20) hours per week in a month and require the CCAP child care services in order to participate in the activity.
4. Program-Specific Criteria for Child Care for College
b. To obtain CCAP authorized services, such applicants applying for income eligibility shall meet the applicable general criteria as well as one (1) of the following program-specific criteria:
(1) The applicant parent shall be enrolled in a Rhode Island public institution of higher education for a minimum of seven (7) credit hours in the semester of application.
c. For there to be an acceptable need for services in a two (2) parent home, both parents shall each be participating in one (1) of the following:
(2) Employed for an average of twenty (20) hours per week in a month;
d. For there to be an acceptable need for services in a one (1) parent home, the parent living in the household shall be enrolled in college for a minimum of seven (7) credit hours to meet an average of twenty (20) hours per week in a month or employed and enrolled in a degree program at a Rhode Island public institute of higher education with a combination of approved college credit hours and work hours equaling at least twenty (20) hours per week.
A. The need for child care services shall be related to the periods of time in which no parent is available to provide care for the child as a result of employment or education or training. The CCAP child care services shall not be authorized for an otherwise income eligible child under the following circumstances:
6. Such activities shall not be considered employment for the purposes of this Section and, as such, shall not count toward the minimum number of hours of work required to establish a need for the CCAP authorized child care services.
A. In certain circumstances, families unable to meet the need for services requirements may qualify for an exception that allows authorization of the CCAP services. The exceptions are as follows:
1. Parents with Disabilities
a. The CCAP services may be authorized if one (1) of the parents in a two (2) parent home or the parent in a one (1) parent home does not meet the employment, training or college requirements for approved activity because of a disability and the family provides written verification from a licensed health care practitioner, program or facility, qualified to make such a determination, indicating that the parent without an approved activity cannot provide appropriate, routine care of the child due to a neurophysiological, psychological or emotional disorder, physical impairment, or serious health condition.
2. Temporary Active Job Search
a. A parent engaged in an active job search at application or recertification may be eligible for temporary CCAP benefits subject to certain guidelines and limitations.
(1) To obtain the CCAP authorized services, applicants applying for income eligibility shall meet the applicable general criteria as well as the following criteria related to a temporary active job search:
b. For there to be an acceptable need for services in a two (2) parent home, one (1) parent shall be participating in an active job search and the other parent shall be participating in approved education or training activities or employed for an average of twenty (20) hours per week in a month and require the CCAP child care services in order to participate in the activity.
e. The CCAP child care services for participants who meet this requirement may be authorized for a period of no less than twenty-four (24) months, however if there is no reported income based on employment within three (3) months of the date of authorization, CCAP benefits will terminate.
5. Short Term Special Approval due to a Temporary Medical Condition at Recertification
a. At recertification, if an applicant parent or recipient child experiences a serious health condition that results in a temporary need for continued CCAP benefits the family may be eligible for up to two (2) six (6) month extensions of benefits provided:
(1) The parent submits written verification from a licensed health care practitioner, program or facility, qualified to make such a determination, indicating that the parent without an approved activity cannot provide appropriate, routine care of the child due to either the parent's or child's temporary neurophysiological, psychological or emotional disorder, physical impairment, or serious health condition that prevents the parent from providing appropriate care.
(BB) If the need for an extension is based on the parent's health condition, there must be documented evidence from a qualified health care provider or practitioner that the health condition of the parent prohibits both employment and the routine child care activities necessary to maintain the health and safety of the child.
b. The temporary extension is limited to income eligible families who have been receiving authorized CCAP services and have lost or are in jeopardy of losing benefits because of the change in approved activity directly related to a short-term verified serious health condition.
c. The temporary extension of benefits under this Section shall be approved, upon initial request, for up to six (6) months, and may only be approved for an additional six (6) months for a maximum of twelve (12) months if the family provides documentation to the DHS indicating that:
A. Upon determining that a family is either RI Works CCAP eligible or income eligible for the CCAP, the agency representative shall make an assessment of the scope of authorized child care required to meet a family's need for services.
1. The authorization for the CCAP child care services is based on an assessment of the following factors related to the need for services:
2. Upon completing the assessment of a family's need for services, the agency representative determines the scope of child care services appropriate for each eligible child in the family. Child care services are then authorized as follows:
d. Quarter time (QT) child care, for less than ten (10) hours per week.
A. Authorized child care shall be utilized within the following parameters:
2. An eligible child may receive the CCAP authorized services from multiple providers if necessary for a family to meet a need for services due to split shifts or non-traditional employment schedules, but only in instances in which the hours of authorized child care rendered by each provider do not overlap.
6. An eligible child, enrolled with an approved provider, shall not be absent for more than four (4) consecutive weeks of authorized child care, unless granted a good cause exemption by the DHS as a result of a serious health condition or unusual family circumstance.
b. Timely notice, including a statement of appeal rights, shall be sent to the family by the DHS explaining the basis for granting or denying the request for an exemption to the four (4)consecutive weeks limit on absences from authorized the CCAP child care.
A. Through the enrollment process, the family of an eligible child and the CCAP approved child care provider of choice make the arrangements necessary for the delivery of the CCAP authorized services, in accordance with the requirements established by the Department for payment of allowable child care expenses.
1. The child care provider is required to transmit the pertinent information about these arrangements to the DHS using the CCAP automated enrollment system.
B. DHS Responsibilities
1. The DHS shall issue each family applying for child care assistance a CCAP certificate number, to serve as a unique identifier for the purpose of enrolling an eligible child for authorized services and establishing a basis for payment to a CCAP approved provider.
C. Responsibilities of the Family
D. Enrollment During the Pending Period
1. As indicated in § 4.4.2 of this Part, some approved child care providers may be willing to enroll a child, using the CCAP certificate number, while the application is still pending and before the final determination of eligibility.
b. In RI Works cases, if no pending letter is sent and the application is approved, the certificate number is issued to the family in the Notice of Approval. In such instances, the following conditions apply:
3. Enrollment with Multiple CCAP Approved Providers
4. The family of an eligible child may choose to change approved child care providers at any time while authorized for the CCAP child care services.
c. To the extent time and circumstances allow, notification of the change should be made by the parent to any providers involved.
5. A family may choose to enroll an eligible child for services in excess of the CCAP period authorized.
E. Responsibilities of CCAP Approved Providers.
1. It shall be the responsibility of the CCAP approved provider selected by the family of an eligible child to enroll a child in their program using the CCAP Provider Portal and the CCAP certificate number provided to the family before or during the first (1st) week of care.or during the first (1st) week that the CCAP authorized services are provided.
2. A provider may enroll the child of a housing insecure family prior to receipt of the immunization record and/or completion of other health and safety requirements.
3. Only child care providers who have been approved and entered into a signed and valid DHS-Approved Provider Agreement, have access to the DHS CCAP automated enrollment system.
4. The approved child care provider shall use the CCAP certificate number issued by the DHS acknowledging receipt of the application, as specified in § 4.4.2 of this Part, when enrolling a child whose eligibility for authorized services is pending.
c. Upon receipt of payment from the DHS, the approved provider shall refund the family for any allowable child care expenses paid by the family during the period in which the application was pending.
6. The approved provider shall dis-enroll a child immediately upon receiving notice that an eligible child shall not be using services any longer, for any reason.
7. The CCAP approved child care providers shall monitor enrollment patterns to ensure that the number of children receiving services at any one time remains within the provider's authorized maximum licensed capacity, that is, the total number of children in a provider's care including both the CCAP eligible and non-CCAP eligible children.
b. Approved license exempt providers, though not directly regulated by the DHS, are prohibited by the State from caring for any unrelated children or for more than six (6) children related to the provider at any one (1) time without obtaining licensure as a family child care home.
A. To ensure that the Child Care Assistance program (CCAP) is administered in an equitable, effective and efficient manner, the following requirements have been established:
1. Applicants for the Child Care Assistance Program shall receive timely and adequate notice from the DHS of eligibility determinations. The Department shall also provide timely and adequate notice of any adverse decisions that terminate or reduce benefits.
a. Notice of Approval. Upon determining that an applicant meets the general requirements for the CCAP in § 4.3 of this Part and the criteria for either RI Works CCAP eligibility (§ 4.5 of this Part) or income (§ 4.6 of this Part) eligibility, Notice of Approval shall be sent by the DHS informing the family of the eligibility start and end dates and the scope of services authorized.
b. Notice of Adverse Actions. The DHS shall send timely and adequate notice of any decisions that adversely affect a family's CCAP eligibility or the scope of authorized services.
(1) All notices of adverse action shall contain:
(3) The Notice of Eligibility Discontinuation shall be sent when a decision made by the Department results in the discontinuance of the CCAP eligibility for a particular child or for the family as a whole.
A. Applicants for, and beneficiaries of, the Child Care Assistance Program have the right to appeal and request a hearing during the determination of eligibility, and during the receipt of benefits.
1. In conjunction with notices informing applicants/beneficiaries of initial eligibility determinations, adverse actions, and recertifications, the DHS shall inform the family of the right to appeal and request a hearing.
b. Notice of adverse actions shall include information pertaining to the right to appeal the DHS decision (e.g., denial, discontinuation, change in authorized services), the scope of its impact, and the basis on which the decision was made.
A. The DHS has a duty to provide the following information:
1. Confirmation of Enrollment
2. When information provided to the DHS in conjunction with the duty to report in § 4.4.3 of this Part requires a change in the CCAP authorized services, the following apply:
A. If the household was eligible to receive child care assistance benefits but received a benefit that was less than that which they were entitled, or the failure to issue a benefit for a benefit month in which the household was eligible for such a benefit constitutes an underpayment.
3. For purposes of determining eligibility and the amount of assistance, a retroactive corrective payment is not considered income, nor is it considered a resource in the month received or in the following month.
A. An overpayment occurs when the child care benefit amount paid exceeds the benefit that would have been issued if the payment were calculated correctly based on accurate information that was reported, verified, and acted on in a timely manner.
1. If the agency representative discovers that the household failed to report a change as required by § 4.10 of this Part, and as a result, received child care benefits to which it was not entitled a referral for improper payment is made.
2. The Office of Internal Audits establishes whether the improper payment was agency caused, household caused, or fraud and, if the improper payment is deemed fraudulent, OIA refers the case to the Claims Collections and Recovery Unit (CCRU) for recovery of the improper payment in accordance with § 4.11 of this Part.
A. Improper payments may be applied to recipients and/or providers. The cause of each improper payment shall be classified as agency, recipient, or provider caused. Improper payments shall be further classified as unintentional errors or fraud.
B. An improper payment shall be classified as an agency error if the error was caused solely by actions taken by the Department or Department staff.
1. Agency errors shall include, but not be limited to the following types of errors:
2. Improper payments that are not due to agency error shall be classified as recipient or provider caused. The error shall be classified as both recipient and provider caused if the recipient and the provider both had knowledge and actively participated in the action that caused the improper payment to occur.
b. Improper payments caused by the provider shall include, but not be limited to, the following types of errors:
3. Either a DHS agency representative, CCRU or OIA FDP shall make a preliminary determination of whether the improper payment was intentional or an unintentional error pursuant to guidelines below.
b. An improper payment shall be considered unintentional household error under the following circumstances:
4. Procedures for Recovery:
c. Enable a repayment agreement between the CCRU and the child care recipient, using the “Notice of Child Care Overpayment.” When a child care improper payment is to be recovered from the recipient, the recipient shall be given notice of that determination using the “Notice of Child Care Overpayment.” The notice shall include an explanation of the improper payment determination, including the following:
5. Consequences for failure to repay
a. Failure of the child care provider to repay a child care improper payment made by the DHS CCAP and not subject to adjustment by the Department's Financial Office because of provider error, provider fraud, or agency error, shall result in the termination/revocation of the “DHS-CCAP Approved Provider Agreement” and disenrollment from the CPD.
e. Failure of the child care recipient or provider to repay may result in further legal action, and/or loss of benefits.
A. Improper payments shall be classified as Intentional Program Violation (IPV) and/or fraud if the applicant/recipient or provider knowingly withheld or provided false information on matters affecting eligibility, benefits or a claim for services. If a question of fraud exists, the case will be referred by the DHS Representative or the CCRU to the Office of Internal Audits (OIA) as outlined in § 10-00-1.6 of this Title.
1. Any person, recipient or provider, who wishes to contest the determination made by the OIA shall be entitled to a hearing as outlined in § 10-00-1.6 of this Title. Those individuals determined to have committed an IPV and/or fraud will be subject to the following consequences:
B. When OIA determines an IPV, of a recipient or provider, meets the criteria for a criminal investigation, and the case is referred to the State Police and/or to the Office of the Attorney General of Rhode Island no hearing will be held.
1. Those individuals found guilty of fraud in a court of law will be subject to the following consequences, in addition any sentence deemed appropriate by the Court:
A. The Department of Human Services shall make payment only for the CCAP authorized child care services when rendered by the DHS CCAP approved child care providers.
B. For the purposes of the CCAP, "approved" means the child care provider has met the requirement to enroll eligible children through the DHS CCAP automated enrollment system for allowable child care expenses, has participated in DHS new provider and orientation programs and other programs as may be required by DHS, and has actively engaged in the State’s QRIS BrightStars.
2. The DHS will not pay providers for services rendered prior to the week that CCAP Provider Management receives their application to be a CCAP approved provider.
A. Licensed child care providers must apply for approved CCAP Provider status through RISES.
2. All child care providers seeking CCAP approved status shall meet the following general requirements:
a. All CCAP approved child care providers shall sign a CCAP Approved Provider Agreement (APA) that establishes the respective responsibilities and obligations of both the Department and the provider as well as the grounds for discontinuation of approved status. No payment shall be made for allowable child care expenses until the Department approves the Provider's application. Providers shall agree to the terms and conditions set by DHS for:
c. CCAP approved providers shall be U.S. citizens or submit documentation of a legal immigration status that includes the appropriate work authorization.
3. In addition to the general access requirements, child care providers approved by and operating under the jurisdiction of the DHS, shall meet the following category specific requirements in accordance with R.I. Gen. Laws §§ 40-5.2-5 and 40-5.2-20:
a. Provide documentation of a valid State of Rhode Island license to operate, deemed by the DHS to be in good-standing, and meet any additional requirements specified by the DHS.
B. License Exempt Providers must apply for approved CCAP Provider status by contacting the Office of Child Care to request the appropriate application forms and related information about obtaining CCAP approved provider status.
1. To be eligible for CCAP approval, a license exempt provider shall be a relative of an acceptable degree as defined in § 4.2 of this Part of a child who is pending or eligible for the CCAP who has been requested to provide child care services to the pending or eligible child. The license exempt provider shall have submitted a completed and signed CCAP application packet which includes the following:
h. Proof of the applicant's Rhode Island residency and of a stable address. A post office box is not an acceptable form of proof of Rhode Island residency, though it may serve as an applicant's official mailing address.
m. A self-declaration specifying how many children (both the CCAP assisted and non-CCAP assisted) will be rendered services. License exempt providers are limited to caring for six (6) children if an acceptable degree of relationship to the provider can be proven. The provider's children under six (6) years of age shall be included in the maximum number of six (6) related children.
(2) The Office of Child Care (OCC) shall accept as verification of the provider's relationship the legal documents specified in Part 2 of this Subchapter, the Rhode Island Works Rules and Regulations. Information about the required legal documentation shall be made available to the provider by the OCSS upon request.
A. The Office of Child Care shall review a child care provider's application, complete the screening process and make a determination of the provider status within thirty (30) days from the date the appropriate signed application and all required documentation are received by the DHS.
1. Upon determining that a child care provider has met the general and category specific requirements and signed the CCAP Approved Provider Agreement (APA), the DHS shall provide notification in writing of approved status to the provider.
2. Applicants who do not meet the general and category specific requirements shall be denied the CCAP approved status.
B. The Department shall reserve the right to terminate CCAP approved status upon obtaining evidence that the provider has not met one (1) or more of the criteria outlined in these Rules.
C. Renewal
1. License Exempt Providers are approved for CCAP for two (2) years as long as they continue to provide child care for a CCAP pending or eligible child.
2. Licensed Providers are approved for CCAP for a maximum of two years with renewal required, at a minimum, every two years. Approval terms may be shorter than two years as needed to align with licensing renewals or as determined by the DHS
3. Notice shall be sent to approved providers indicating the dates and requirements for renewal of their CCAP status at least thirty (30) days prior to the end date of their period of approval.
A. All CCAP approved child care providers shall complete and sign an agreement with the DHS that establishes the respective responsibilities and obligations of both the Department and the provider and the grounds for discontinuation of approval as specified in this Section.
2. Terms and Conditions for Payment
3. In certain circumstances, the Department may determine that an approved provider is no longer qualified to provide authorized CCAP services and, as a result, approved status shall be discontinued. In such cases, the Department shall cease payment for any CCAP services rendered by the provider, and access to the DHS CCAP automated enrollment system will be denied.
a. The Department reserves the right to discontinue the DHS approved CCAP status for providers for any of the following reasons:
(1) Upon obtaining evidence that the DHS Child Care Licensing Unit suspends and/or terminates the license of a child care provider with whom the DHS has a provider agreement.
(AA) License Status placed on hold by the DHS
(BB) License suspended and/or Revoked
(3) A provider engaging in fraudulent or other unlawful acts: in obtaining or seeking to obtain the CCAP approved status; in providing or receiving payment for the CCAP; in utilizing the CCAP automated enrollment system shall, at the discretion of the Department, be ineligible to participate in the program:
(8) Failing to report criminal convictions or the imposition of civil penalties.
b. The Department reserves the right to offer a CCAP approved provider subject to discontinuation the opportunity to take corrective action prior to the effective date of discontinuation of approved provider status and termination of the provider agreement.
4. Approved providers and the families of eligible children shall be notified at the time of application that, as providers and the CCAP beneficiaries, certain personal information may be accessed on the DHS website by Department personnel, approved providers and contracted agents of the DHS.
b. The DHS shall utilize the most advanced technological methods available to ensure the confidentiality of information contained in the CPD and through web enrollment pertaining to the CCAP beneficiaries and approved providers.
B. Payment shall only be made for the CCAP authorized child care services during periods in which the approved provider is open and available to provide services.
1. To determine the allowable child care expense, certain information related to attendance is required by the DHS, as follows:
a. Billing Invoices and Attendance Reports. An approved provider shall:
C. When a child is enrolled with a CCAP approved provider, the DHS shall make payment for up to four (4) consecutive weeks of the CCAP authorized child care services during which an eligible child is absent.
2. Attendance policies may be adjusted in times of public health emergency, weather events, cyber security events, and/or when funding is available to the DHS for this purpose.
D. Presence of the Provider at the Care Site
E. If a provider has other employment, the total hours the provider is permitted to work and maintain CCAP approved status, is fifteen (15) hours in a twenty-four (24) hour period.
F. For the CCAP payment to be made, an eligible child enrolled with an approved licensed provider shall attend at least some portion of their CCAP authorized enrollment each week, with the exception of the four (4) consecutive weeks allowed absence described in § 4.11.5(C) of this Part.
1. Enrollment hours shall be based on the parent’s request, as documented in a signed parent-provider agreement. The parent-provider agreement shall be updated at least annually. Further, if, a child’s attendance reflects a change in the enrolled hours category for more than four (4) consecutive weeks, the provider shall meet with the family to reassess the child’s needs and shall update the parent-provider agreement and enrollment in the CCAP provider portal to reflect any changes.
A. When making payment for allowable child care expenses, the DHS Authorized Payment Rate for Providers shall apply. The process for determining the DHS authorized payment rate is as follows:
1. Licensed Approved Providers
C. Billing Periods
D. Restrictions and Limitations
1. There shall be no more than one (1) CCAP approved provider eligible to receive payment from the DHS for allowable child care expenses rendered at a specific site or location at any one (1) time.
4. Approved providers shall not be paid for child care services rendered to a child enrolled in a classroom where the child’s parent or other adult living in the same household as the child is a paid teacher or assistant in the classroom.
A. DHS reserves the right to conduct periodic audits of provider records and investigations of provider operations relevant to provider approval, rate reporting, billing invoices, attendance records, and accepting payments from CCAP.
1. At the time an audit or investigation is conducted, a designated representative of the Department may review attendance and payment records of all children currently enrolled and receiving child care services and all children enrolled and receiving services during the two (2) years prior to the audit or visit.
A. Authority
B. Administration
C. Quality Rating and Improvement System Requirements
1. The Quality Rating and Improvement System is designed to set standards of excellence for early care and education programs and school-age child care serving children from birth through age twelve (12), to assess and communicate the level of quality in these programs, to provide a pathway to help programs continually improve, and to serve as a bridge to align all State-level early childhood programs under one (1) common vision of quality.
A. Eligible Programs
B. The categories for time authorized and enrolled and for the child’s age are as follows:
1. Time Authorized and Enrolled
2. Child’s Age Category