Wyo. Code R. 049-0008-1
Child Care - Purchase of Service
Chapter 1: General
Effective Date: 10/18/1994 to 08/07/1995
Rule Type: Superceded Rules & Regulations
Reference Number: 049.0008.1.10181994
Agency FAMILYSRVC Family Services, Dept. of Program CHLDCRPUR Child Care - Purchase of Service Chapter Name General Chapter No.1 Date Filed 10/18/94 Expr Date Supr Date Repeal Date Document Type RULES
Section 1. Authority. Wyoming Statute 42-2-103 (b) (viii) authorizes the Department of Family Services to promulgate rules.
Section 2. Purpose. These rules are adopted to standardize the Division's purchase of child care in Wyoming.
Section 3. Severability. If any provision of these rules or the application thereof to any person, program, service or circumstance is held invalid, the invalidity shall not affect other provisions or applications of these rules. To the extent that these rules can be given effect without the invalid provision, the provisions of these rules are severable.
Section 4. Definitions. These definitions apply to all subsequent chapters of Child Care, Purchase of Service (Chapter I through Chapter VIII).
(a) 'Adult' is a person age 18 or a person under age 18 who meets the Wyoming emancipation laws.
(b) 'Adverse Action' is a process to terminate or reduce the child care benefits.
(c) 'AFDC' refers to Aid to Families with Dependent Children, which is public assistance as provided for by Title IV-A of the Social Security Act of 1935, as amended.
(d) 'AFDC-Basic' is AFDC that is not AFDC-UP.
(e) 'AFDC-UP' is the AFDC Unemployed Parent Program.
(f) 'Anticipated Income' is income which is expected to be received in the benefit month. This is the same as prospective income.
(g) 'Applicant' is a person who expresses verbally or in writing a desire to receive assistance.
(h) 'Approved Activity' is work, an educational program, a training program, or counseling.
(i) 'Assistance Unit' is one or more persons living together who are financially responsible for each other.
(j) 'Authorization' is issued to a parent/caretaker to show the child(ren) is eligible for child care assistance. The Authorization shows the maximum hours allowed by DFS and the maximum payment that DFS will make. It also shows the client share of the costs. The Child Care Authorization is assistance to the client, not assistance to the provider.
(k) 'Authorization Review' is a review of all eligibility factors each time an authorization is written.
(l) 'Available' for income, the condition of having access to the income which can be used for the needs of the assistance unit.
(m) 'Available' for resources, means the condition of having unrestricted access to convert property to cash which can be used for the needs of the assistance unit.
(n) 'Best Estimate' is a guess of what will occur based on knowledge of the past and present circumstances and future expectations.
(o) 'Budgeting' is the act of calculating the amount of money to be authorized to the assistance unit to meet child care costs.
(p) 'Business Expense' is the cost directly related to the production of the goods or services provided by the operation such as cost of merchandise, supplies, rent, utilities and upkeep of the premises. Business expenses also include labor, feed, seed, machinery repairs, transportation required to perform the service or deliver the goods and taxes or any other expense connected solely with the function of the business. Business expenses do not include such items as depreciation, personal expenses, entertainment expenses, personal transportation, purchase of capital equipment and payments on the principal of loans for capital assets, equipment or vehicles.
For farm self-employment: gross receipts minus operating expenses from the operation of a farm by a person on his 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, 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.
(q) 'Caretaker' is a person who is exercising the care and control of the child(ren).
(r) 'Case' is the material on file for an assistance unit as well as the listing and history of the assistance unit on EPICS and JAS/Child Care.
(s) 'Cash Value' for resources is the amount that would be paid if the resource were sold or converted to cash. For income, it is the amount of the income or the value assigned to the service rendered for in-kind income.
'Certified Provider' see Licensed Provider.
(u) 'Change in Income' is the fluctuation in the amount of money caused by an extra payment, a different job, different hours or a different rate of pay for the same job.
(v) 'Child Care' is the direct care and services to infants, and children during a portion of a 24 hour day in the child's own home or another facility. Payment cannot be made for more than 16 hours per day. A child age 13 through 17 who is developmentally delayed or handicapped may also receive assistance for child care. In that situation a written verification from the medical provider is needed to verify the child is unable to care for him/herself.
(w) 'Child Care Facility' is any person who operates a business that keeps or cares for more than two minors at the request of the parents, legal guardian or an agency that is responsible for those children and the responsible party is not present.
(x) 'Child Support' is voluntary, including military allotments, or court ordered payments made by an absent parent for the purpose of meeting the needs of his/her child(ren).
(y) 'College' is a type of postsecondary school including vocational schools (such as beauty school, auto mechanics, etc.)
(z) 'Confidential' is the limitation of the use and disclosure of applicant and recipient information to the administration of the program.
(aa) 'Countable' is income and/or resources taken into consideration when determining eligibility.
(bb) 'CSES' refers to the Child Support Enforcement Section within DFS which provides child support services for public assistance and non-public assistance families.
(cc) 'Current Market Value (CMV)' is the amount for which the property can be expected to sell at the time of determination or at the time of transfer or sale on the open market in the community. Same as Fair Market Value (FMV).
(dd) 'Date of Entitlement' is the day that benefits are required to begin. This is the date of the child care application, the first day the child received care, or the date the approved activity began, whichever is later. The provider must meet the provider eligibility requirements during the client application or reporting period time frames.
(ee) 'DFS' is the Department of Family Services.
(ff) 'Disabled Child' is a child who is physically or mentally incapable of caring for himself or herself, as verified by a written determination from a physician or a licensed or certified psychologist or under court order. This term also includes children who are developmentally disabled or have special needs. (gg)
'Disregard' is an allowance for child care expenses which is deducted from income:
(i) For AFDC, the disregard is applied to AFDC recipients who have received AFDC and the child care disregard continuously since October 13, 1988. The disregard is an allowance which is deducted from earned income and is set by the federal guidelines at 45 CFR 233.20 (ii)(C);
(ii) For AFDC, the disregard is applied when actual charges for AFDC working recipients exceeds the local market rate but is less than the federal disregard limit;
(iii) For Food Stamps, the disregard is an allowance deducted from earned or unearned income of food stamp recipients at the rate of $160 per month per child maximum.
(hh) 'Documentation' is the placement in the assistance unit's case file of a copy of the actual document or evidence used to verify an eligibility factor or a detailed description of the evidence.
(ii) 'EAS' is the Economic Assistance Specialist, formerly Public Assistance Worker.
(jj) 'Educational Program' is a course of study, not exceeding the first baccalaureate degree, designed to assist the student in obtaining employment when the course of study is complete.
(kk) 'Eligibility Determination' is the act of evaluating each eligibility factor for each person who applies for child care services and finding the case eligible or ineligible.
(ll) 'Eligibility Factor' is a specified condition that an applicant/recipient must meet in order to qualify or be entitled to receive Child Care Assistance.
(mm) 'Eligible' is entitled to receive Child Care assistance due to meeting all of the specified conditions or factors.
(nn) 'Emancipation' is the condition of being freed from parental care and control resulting from:
(i) Lawfully recognized marriage;
(ii) Reaching the age of majority (18);
(iii) Military service; or
(iv) Having received a declaration of emancipation pursuant to W.S. 14-1-203.
(oo) 'Employment' is an activity in which one engages for income. Full-time is at least 30 clock hours of work per week. Part-time is less than 30 clock hours of work per week.
(pp) 'Encumbrance' is a claim or legal debt(s) against a resource which must be paid when the resource is sold and is supported by a written document.
(qq) 'Entitlement Review' is a review of all eligibility factors at least once every six months.
(rr) 'EPICS' is the Eligibility Payment Information Computer System.
(ss) 'Equity Value (EV)' is the current market value less any legal debts (such as mortgages, loans, penalties, cost of sale, etc.) against the property.
(tt) 'Exempt' is to excuse or release from rules to which others may be held. Exempt resources or income are not counted in determining eligibility.
(uu) 'Evidence' is a verifiable record which furnishes proof of an eligibility factor.
(vv) 'Fair Market Value (FMV)' is the amount of money the sale of property would bring on the open market in the community where the property is located. Same as Current Market Value (CMV).
(ww) 'Family' is adult members of an assistance unit living together who are legally responsible for each other's financial support and the children for whom they are responsible.
(xx) 'Family Day Care Home (FDCH)' is a facility in which no more than six children are in care.
(yy) 'FFP' is the Federal Financial Participation and is the amount contributed by the federal government toward the program.
(zz) 'Financial Responsibility' means answerable for providing the funds to meet the needs of a spouse and/or child(ren). A parent is responsible for a natural child, adopted child, or stepchild until age 18 or emancipated when the child is eligible and living with the parent. A husband or wife is responsible for his/her spouse when they live together. The legal guardian of a child may be responsible for the support of that child if so directed by court order.
(aaa) 'Foster Care Provider' is the person(s) caring for the child(ren) placed in a care facility by this agency.
(bbb) 'Foster Child' for a IV-E foster child is a foster child who is living with a relative. For all other foster children, it is a child(ren) living with a foster care provider who does not meet the definition of relative.
(ccc) 'GED' is a General Education Diploma and considered to be equivalent to a high school diploma.
(ddd) 'Good Cause' for terminating employment is:
(eee) 'Good cause' for failure to cooperate with child support enforcement is:
(fff) 'Good cause' for changing child care providers more than three times in an entitlement period is:
(iii) The parent(s) has more than three approved activities in a month and the first three providers are not able to care for the child(ren) during the times needed for the additional activities.
(iv) The provider is ill and unable to care for the child(ren) temporarily.
(v) The child's special needs are not being met by the current provider.
(vi) Agency error.
(vii) Other factors as determined by EAS.
(ggg) 'Group Day Care Center (GDCC)' is a facility in which care is provided for twelve or more children.
(hhh) 'Group Day Care Home (GDCH)' is a facility in which care is provided for seven, but not more than eleven children.
(iii) 'Household (HH)' refers to the person or persons occupying one or more rooms of a house, apartment or mobile home and may include one or more assistance units and/or ineligible person(s).
(jjj) 'Household Circumstances' are situations that could have an effect on one of the eligibility factors.
(kkk) 'Income' is money received from any source but not any item defined as a resource:
(i) Countable Income is the total of gross earned and gross unearned income expected or received by the assistance unit for a specified month and includes child support received by the applicant or recipient.
(ii) Earned Income - payment received in cash or in-kind for wages, salary tips, commissions as an employee or net profit from activities in which the individual is engaged as self-employed. It is the total income before deductions for personal or employment expenses and excludes the meal allowance used to compute FICA;
(iii) Exempt Income - money set aside or free from program policy or limits -- not counted;
(iv) Gross Income - the total money the person is entitled to receive, prior to any deductions such as Social Security, withholding tax, etc;
(v) In-Kind Income - the receipt of a good(s) or a service(s) instead of money or cash. In-kind earned income is considered when the applicant/recipient has a legal interest in a liquidated sum and has the legal ability to make such sum available for support and maintenance;
(vi) Net Income - the gross receipts from self-employment less the current business expenses;
(vii) Nonexempt Income - all money received to which the program policy limits are applied - countable;
(viii) Ongoing Income - money received on a regular basis not less frequently than monthly and is expected to continue.
(ix) Periodic Income - money that is not received on a regular basis.
(x) Unearned Income - all money received that is not earned by providing goods and services or defined as a resource.
(lll) 'Income Producing Property' is real or personal property that is essential (indispensable or necessary) to the production of goods or services and is used in a trade, business or other income producing activity. This includes stock (merchandise) inventory, and tools (plumber, carpenter, etc.)
(mmm) 'Infant' is a child under two years old.
(nnn) 'Infant Day Care Center (IDCC)' is a facility in which care is provided for three or more children who are under two years of age. The number of children who may be cared for in a particular infant day care center will depend upon the availability of staff, space and equipment.
(ooo) 'Infrequent Income' is income that is less than $30 when received and not received more often than once every calendar quarter.
(ppp) 'In-kind Earned Income' See Income.
(qqq) 'Insurance Settlements' are the money received by a person(s) from a company for damage of property or person. Insurance payments to repair or replace damaged property area resource. Insurance payments for trauma are income. Any cash received from medical or liability insurers for medical services already received by the individual is not income. However, any amount received which exceeds the actual cost of the medical expenses is counted as unearned income.
(rrr) 'Intact Family' is an assistance unit consisting of both natural or adoptive parents and their child(ren) living together whether or not the parents are married to each other.
(sss) 'Interim Child Care' is child care provided for no more than one week when the parent is between WOW component activities, employment, or educational or training activity.
(ttt) 'JAS' is the JOBS Automated System. It is the computer system for the WOW and Child Care Purchase of Service Programs.
(uuu) 'JOBS' is the Job Opportunities and Basic Skills Training Program for recipients of AFDC authorized by the Family Support Act of 1988. The JOBS Program is designed to assist recipients to become self-sufficient by providing needed employment-related activities and support services. In Wyoming, the program is called Wyoming Opportunities for Work (WOW).
(vvv) 'Knowledgeable Source' is a person who has consider able degree of familiarity of a subject gained through experience of or association with the individual or subject. For a resource, a person who is professionally aware of the value of the property in the community.
(www) "Licensed Provider" is a provider who meets the licensing standards established by DFS. Exempt from licensing are providers who are:
(i) Relatives; or
(ii) Caring for 2 or fewer children not related to them; or
(iii) Providing occasional or sporadic care as defined in Wyoming Statute 14-4-102 (b)(ii); or
(iv) Parents exchanging child care on a mutually cooperative basis; or
(v) Employed to come to the child's home; or
(vi) Foster homes supervised by the state, any local government, school district or agency or political subdivision thereof; or
(vii) Ranches or farms not offering services to homeless, delinquent or retarded children; or
(viii) Summer camps operated by nonprofit organizations.
(xxx) "Loan" is money given to another which must be repaid and is verified by a written statement.
(yyy) "Local Market Rate" is based on a survey of providers and set at the 75th percentile. See Sliding Fee Scale on Table II.
(zzz) "Lump Sum Payment" is a payment of earned or unearned money made not more than once per quarter. It is the total amount less legal fees required to make the money available and less the amount designated by the payer or source for medical expenses.
(aaaa) "Minimum Health and Safety Standards" are that the provider must assure there is an operable smoke alarm/ detector on all floor levels and an operable telephone where the child care takes place. The provider will keep immunization records of the children. Exception: A telephone is not required when care is provided in the child's own home. However, there needs to be a phone nearby that can be used in case of an emergency and the case file must be documented when this exception applies. The providers will be held responsible for the actions of any employee, substitute or family member who has contact with the children while the day care facility is operating.
(bbbb) "Minor" is a person under 18 years old who does not meet Wyoming's emancipation laws.
(cccc) "Month" is:
(i) Budget Month - The calendar month in which the income is received by the applicant or recipient. It is the same as the payment month for prospective budgeting;
(ii) Current Month - The month in which eligibility is determined;
(iii) Payment Month - The calendar month for which the assistance is issued.
(dddd) 'Month Received' is the calendar month in which the payer or source made the money available or the individual receives the money in hand, whichever occurs first; except SSA, SSI, VA and AFDC when received at the end of the month for the following month.
(eeee) 'Need' is the time when the eligible applicant/recipient is actually participating in an approved activity.
(ffff) 'Noncooperation' is the act of refusing to work with another or others to accomplish a common end or specified goal.
(gggg) 'Nonexempt' refers to a category of income or resources to be used or to which the program policy and limits are to be applied.
(hhhh) 'Notice of Action' is a written statement which informs the applicant or recipient of the intended action to be taken in the manner of payment, the amount of payment, the period of eligibility or notification of ineligibility.
(iiii) 'Parent' is a natural mother or father, adoptive mother or father, or step-mother or step-father of any age. The same as a caretaker.
(jjjj) 'Parental Access' is allowing parents to visit the child care facility and see their children at any time.
(kkkk) 'Parental Choice' is allowing the parent/ caretaker to select any person he/she chooses who meets the definition of provider to give care to the child(ren) but is limited to no more than three providers within a six month authorization period unless good cause exists. The provider chosen must meet all state and local applicable laws and complete the registration process. The provider must meet the minimum health and safety standards, register as a child care provider, and be 18 years old or meet Wyoming Emancipation law.
(llll) 'Political Subdivision' is the State of Wyoming.
(mmmm) 'Primary Evidence' is a document or record by an official government agency or public institution which would be accepted in a judicial proceeding as establishing the truth.
(nnnn) 'Program Requirement' is the specification of how an eligibility factor is met.
(oooo) 'Prospective Eligibility' is using the best estimate of the income, resources, and circumstances that will exist in the month child care is provided to determine eligibility.
(pppp) 'Provider' is any person other than a mother, father, stepparent, member of the assistance unit, or foster parent who keeps or cares for a minor at the request of the parent(s)/caretaker(s) or an agency that is legally responsible for the child and receives payment for that care. A provider is a person at least 18 years old or a minor who meets Wyoming emancipation law. The provider must meet minimum Health and Safety standards. The parent/ caretaker is limited to no more than three providers within a six month entitlement period unless good cause exists.
(qqqq) 'Provisional License' is a temporary license allowing operation of a day care while the facility is attempting to comply with regulations.
(rrr) 'Purchase of Service' is a method of paving for benefits on behalf of a client. An Authorization is issued to the client with a copy to the provider showing the client's eligibility.
(ssss) 'Reapplication' is the completion of an application in writing requesting assistance after being ineligible for child care assistance for more than one calendar month.
(tttt) 'Reasonable Appraisal' is a value given by a knowledgeable source which is close in amount to the similar property values in the community or is logical using prudent judgement.
(uuuu) 'Reasonably Expected' is the condition of being in agreement with the belief that an event will occur.
(vvvv) 'Reconcile' is to compare the circumstance at two different points in time and adjust for the difference.
(wwww) 'Redetermination' is the reverification of each factor of eligibility and a decision of eligibility and payment based on the verified information.
(xxxx) 'Registered Provider' is any child care provider who has completed the Provider Enrollment Form and the Provider Rate Verification Form. This includes child care providers who are licensed as well as those who are exempt from licensing according to Wyoming law.
(yyyy) 'Registration Process' is completing the Provider Enrollment Form and the Provider Rate Verification form and assuring that the provider meets the minimum health and safety standards.
(zzzz) 'Relative' refers to:
(i) any blood relative, including those of half-blood; first cousins, nephews and nieces and persons or preceding generations denoted by prefixes of 'grand' or 'great-great' are included in this definition;
(ii) stepmother, stepfather, stepbrother, and stepsister;
(iii) adoptive or natural parents and their adopted or natural children including siblings related by adoption;
(iv) spouses of any person mentioned above are considered relatives even though the marriage may be terminated by death or divorce.
(aaaaa) 'Relative Care' is any child care provided by a child's relative.
(bbbb) 'Relevant Licensing Rules' are rules promulgated by the department for the licensing of day care facilities for children.
(cccc) 'Resident' is a person who is living in Wyoming with the intention of making his/her home in the state and who is not receiving public assistance from another state.
(ddddd) 'Resource' is an item of property owned by an applicant/recipient which is cash or can be converted into cash. (i) Liquid Resources - resources which are in the form of cash or payable on demand. Liquid resources include financial instruments which can be converted into cash within twenty workdays. The most common types of liquid resources are saving accounts, checking accounts, stocks, bonds and mutual funds. Other liquid resources include promissory notes, loans which may not be secured by promissory notes and mortgages. Cash on hand is always counted as a liquid resource except when it is a business asset necessary to the operation of a trade or business that is excluded as necessary for self-support.
(ii) Nonliquid Resources - assets which are not in the form of cash or financial instruments which cannot readily be turned into cash within twenty working days. The most common types of nonliquid resources are nonbusiness real property, personal property which is not readily convertible to cash and business property.
(eeee) "Resource Value" is the current/fair market value less legal encumbrances.
(ffff) "Satisfactory Progress" in an educational component it is a participant in any educational activity who meets, each term or semester, a consistent standard of progress which was:
(iii) the curriculum is completed in a reasonable time limit as determined by the WOW case manager or EAS. Postsecondary education must be completed within four years for an associate's degree and within six years for a bachelor's degree.
In a training component it is a participant who is meeting quarterly a consistent standard of progress which includes competency gains or proficiency levels and a reasonable time limit for completion of the training as determined by the instructor and the WOW case manager or EAS. Vocational training must be completed within four years.
(ggggg) 'Secondary Equivalent' is a course that prepares a person to pass the GED or get a high school diploma.
(hhhhh) 'Secondary Evidence' is a document or record of a declaration of fact by individuals who have no responsibility to establish the fact.
(iiii) 'Self-Initiated Activity' is an education or training activity the AFDC recipient entered into without prior approval from the WOW Case Manager or the EAS. The self-initiated person is not selected as a WOW participant for child care purposes.
(jjjjj) 'Social Services' is an activity designed to promote an individual's social welfare.
(kkkkk) 'Special Needs' is a child who is less than 18 years old who is developmentally disabled and would be in physical harm if child care is not provided.
(llll) 'SSA' refers to the Social Security administration which pays benefits under Title II of the Social Security Act for Retirement, Survivors and Disability Insurance and under Title XVI for SSI.
(mmmmm) 'SSI' refers to the Supplemental Security Income program under Title XVI of the Social Security Act which provides benefits to aged, disabled or blind persons.
(nnnnn) 'Statewide Maximum Limit' is the maximum amount that DFS will pay for child care.
(ooooo) 'Student' is a person attending high school, vocational training programs or college undergraduate program.
(ppppp) 'Substitute Provider' is a person who meets the definition of 'provider' and who fills in for the provider less than 24 hours in a month. The substitute provider must meet the minimum health and safety standards and complete the provider registration process if the care goes beyond 24 hours during a month because the provider is no longer considered a substitute.
(qqqqq) 'Sworn Statement' is to declare under penalty of perjury that the written information is true and correct.
(rrrr) 'Termination' is to close a case and/or individual from the program for reasons such as, but not limited to excess income, excess resources, child no longer in the home or attending child care. For Transitional Child Care only, it does not mean expiration of the authorization for child care services.
(sssss) 'Timely Notice' is a notice of action mailed at least ten days before the date of action.
(tttt) 'Training' is a planned, supervised program which may be a combination of classroom and on-the-job training experiences that imparts knowledge or develops skills or abilities to prepare a person for eventual employment.
(uuuuu) 'VA' refers to the Veteran's Administration.
(vvvvv) 'Valid' is having legal efficacy or force under state law.
(wwwww) 'Verify' is to check, confirm or establish whether a statement or condition is true or accurate by obtaining a copy, viewing a copy or obtaining a verbal description of the content of the evidence.
(xxxxx) 'WOW Participant' is a person selected by the EAS in a basic service area or WOW case manager in a full service area to participate in a component activity.
(yyyyy) 'Wyoming Opportunities for Work (WOW)' is the name of Wyoming's JOBS Program.
Section 5. Application Process. The following process is followed when an applicant makes a request for Child Care assistance:
Section 6. Applicants' Rights. These procedures are followed in order to provide applicants the opportunity to exercise their rights:
(B) In the case of all other forms of child care, child care assistance payments will not be paid pending a fair hearing decision.
(C) An administrative fair hearing will be granted on request if:
(I) An application is denied;
(II) A decision on the application is not made within thirty days from the application date (45 days for AFDC applicants) and the applicant was not notified, in writing, of the reason for the delay;
(III) The applicant disputes the amount of the benefit payment.
(f) A decision on the application will be made within thirty calendar days of the application date, except that persons also applying for AFDC at the same time will have their application acted on within forty-five calendar days. A decision may be delayed for up to 60 days if the provider must be licensed and is following the procedures to complete the licensing process.
(g) Assistance is provided or authorized on the basis of need.
(a) An applicant must provide an application in the manner and form prescribed by DFS. The application must:
(i) Be dated;
(ii) Provide an answer to the questions asked on the application and provide verification to support the answers;
(iii) Be signed in ink, under penalty of perjury, by the applicant or the applicant's representative.
(b) An applicant is responsible for cooperating with the process of determining eligibility by providing:
(i) Information essential to reach a decision on eligibility;
(ii) Documents for required verification;
(iii) A written statement authorizing a person to represent the applicant or other assistance unit adults if desired;
(iv) The applicant is responsible after an application for child care is approved for notifying the child care DFS worker within 10 days of any changes which may affect eligibility or benefit amount such as, but not limited to income.
resources, employment, and number of people in the household.
(c) The applicant is responsible to assure the selected child care provider has completed the Provider Registration Process.
(a) Each factor of eligibility shall be verified either by considering the worker's observation/knowledge when appropriate or using other sources of verification when it is not appropriate to verify through observation/knowledge.
(b) Approved cases will include documentation in the case file as to how each eligibility factor was met and the amount of payment.
(c) Denied cases will include documentation in the case file of the reason(s) for the denial.
(a) Child care assistance shall be available for a child who is under age 13 years, a child over 13 who has special needs, is developmentally delayed, or is physically or mentally incapable of caring for himself or herself as verified by a physician or licensed or certified psychologist, or under court supervision;
(b) Child care assistance shall be available only when the child's parent(s)/caretaker(s) participate in at least one of the following approved activities:
(i) Employment;
(ii) Training program; (iii) Educational program; (iv)
WOW component activity; (v) Food Stamp E&T activity; (vi)
(c) Child care assistance shall be available for children in a two parent assistance unit when both parents are participating in an approved activity during the same hours.
(d) Child care assistance shall be available for children in a single parent family when the parent works graveyard shift and needs time to sleep.
(e) Child care assistance shall be available for children in a two parent family when one parent works graveyard shift and the other parent participates in an approved activity.
(f) Child care assistance shall be available in a one or two parent family when one of the parents is physically or mentally unable to care for the child.
(i) In a one parent family the disabled parent must have been participating in an approved activity prior to the disability and the disability is verified by a physician or therapist.
(ii) In a two parent family, one parent must be participating in an approved activity and the other parent must have participated in an approved activity prior to the disability. The disability must be verified by a physician or therapist.
(a) Except for migrant working families, families must be Wyoming residents.
(b) Identity of each applicant/recipient and eligible child is required.
(c) U.S. citizenship or proof of legal admittance into the United States is not a factor.
(d) Verification of Social Security Number of each applicant/recipient and child is not required but is requested for identification purposes.
(a) Income eligibility is determined prospectively.
(b) Available/accessible income to the assistance unit is considered and verified in determining eligibility:
(i) The income of all family members living together who are financially responsible for each other including stepparents of the child(ren);
(ii) The income of the minor child who needs child care and the minor parent;
(iii) Income of children not needing child care is not counted;
(iv) Exempt any income in determining eligibility that is not specifically listed as countable in (v) below;
(v) Countable income in determining eligibility includes:
(A) Accumulated Vacation and Sick Pay - The money when paid to the individual;
(B) AFDC-Aid To Families With Dependent Children;
(C) AFDC-UP - Aid To Families With Dependent Children
(D) Alimony;
(E) Burial Fund - The money withdrawn from a burial fund when used for a purpose other than burial expense;
(F) Child Support - Consider all child support received by the assistance unit that cannot be exempt for the child(ren) receiving child care assistance;
(I) Exempt the amount retained by the state,
(II) Exempt the amount the parent(s) pays out for support of a dependent child who lives elsewhere,
(III) Exempt the amount received for a child who does not receive child care assistance, and
(IV) Exempt the first $50 received per month by the assistance unit.
(G) Contributions to the Assistance Unit
(I) Use the amount of the contribution of a nonfinancially responsible person living with the assistance unit according to that person's statement on the form DFS 917.
(II) Use the amount of the contribution of anyone living elsewhere according to their written statement.
(H) Death Benefits - Consider the amount received which exceeds the deceased person's last illness and burial expenses;
(I) Dividends and Interest - Money from stocks, bonds, trust funds, savings, checking accounts, sales contracts, investments, notes or mortgages unless excluded as infrequent or irregular;
(J) Educational Grants, Loans, Scholarships - The amount received by the student each semester when no statement is received from the school or the statement does not specify that the money is for educational purposes;
(K) Garnished/Withheld Wages;
(L) Infrequent or Irregular Income (Includes gifts, interest);
(I) Cannot exceed $30 in the month it is received and it must be infrequent or irregular.
(II) Infrequent is income received only once during a calendar quarter from combined sources.
(III) Irregular is income that the client cannot reasonably expect to receive.
(M) Inheritance - Money that is inherited;
(N) Insurance - Money from life, personal, injury, health or disability policies which provide a cash benefit payable to the client and is not a reimbursement insurance;
(O) Insurance Settlement - Money received by a person(s) from a company for damage of property or person for trauma is income. Any cash received from medical or liability insurers for medical services already received by the individual is not income. However, any amount received which exceeds the actual cost of the medical expenses is counted as unearned income.
(P) Lump Sum (One-Time Payment) - A payment of earned or unearned money made not more than once per quarter. It is the total amount less legal fees required to make the money available and less the amount designated by the payer or source for medical expenses.
A lump sum (one-time payment) may cause a recipient to become ineligible or eligible for reduced benefits if the amount cannot be excluded using the infrequent and irregular policy:
(I) The period of ineligibility or reduction, when appropriate, begins the month following the month the lump sum is received;
(II) The monthly income is determined by dividing the lump sum amount by the number of months remaining in the current authorization period:
(1.) Add that amount to the current amount being used as the monthly income:
total income is within the limits on the sliding fee scale:
income is within the sliding fee limits, prepare a new authorization for the remainder of the original authorization period;
income exceeds the sliding fee limits, prepare a termination notice and terminate the benefits. The client will remain ineligible for the number of months remaining in the authorization period.
(III) A shortened period of ineligibility is allowed in the specified situations and under the specified conditions:
(1.) First, one of these situations must exist:
assistance unit incurs and pays medical expenses not covered by health insurance or a third party;
lump sum becomes un-available to the assistance unit because of a disaster which was beyond the family's control. The reasons considered beyond the control of the family are the occurrence of an earthquake, fire, flood, tornado, robbery, or furnace breakdown and/or broken water pipes in the home when owned by a person in the assistance unit;
lump sum was received from an insurance policy payable because of a loss or reimbursement for the actual cost of replacement. It does not include payment received for 'pain and suffering';
lump sum payment was issued in error and written verification from the payor is received indicating the client is required/requested to return the lump sum money; and
(2.) Second, all of these conditions must be met:
lump sum was spent for food, clothing, and/or shelter prior to when the disaster occurred; and
lump sum has been or will be spent for expenses related to the situation; and
a
The
c
The
(2.) Second, all of these
a
The
c assistance unit has no other income or resources to meet the expenses of the disaster.
(Q) Loans - The amount borrowed when there is not a written statement that the money must be repaid and the money will not be used to purchase exempt items.
(R) Medical Insurance - Any cash received from medical or liability insurers for medical service already received by the family that is not a reimbursement to the client;
(S) Military Allotments - The military allotment or support for a serviceman/woman's dependents;
(T) Mineral Leases - The money received from renting the right to minerals, oil, gravel, water, etc;
(U) Pensions/Retirements/Annuities - The money received from these sources such as IRA and KEOGH plans, or Civil Service;
(V) Prizes or Game Winnings - The money won as a prize or from playing a game unless excluded as infrequent or irregular;
(W) Public Assistance Payments - The money received from AFDC, General Assistance, or any other cash grant programs except foster care payments;
(X) Railroad - The money paid for railroad retirement/unemployment;
(Y) Rental Property - The rental of real or personal property is to be treated as self-employment if the client is involved in the production of the income;
(Z) Room and/or Board Income - Use the net income determined as follows:
(I) The client can prove that the vacancies are filled through advertisement, and
(II) The charge(s) for the service(s) is equal to the ongoing rate for such services in the community, and (III) Deduct the utility expense by dividing the number of income producing rooms (excluding bathrooms, closets and hallways) by the total number of rooms in the building and multiplying the resulting percentage times $57, to arrive at the expense of providing utilities, and
(IV) Deduct an amount of $20 per month, for the expense of maintaining the room, and
(V) Deduct the Food Stamp Thrifty Food Plan amount per person for the expense of providing board.
(AA) Royalties - Money received from the production of goods by others;
(BB) Self-Employment - Use the net income determined as follows:
(I) Find that personal expenses, along with entertainment expenses, depreciation, interest on the purchase of capital equipment, land or buildings, old debts and improvements are not business expenses, and
(II) Find that all costs directly related to the production of the goods or services provided by the operation such as cost of merchandise, supplies, rent, utilities and upkeep of the premises are business expenses. Business expenses also include labor, feed, seed, machinery repairs, transportation required to perform the service or deliver the goods and taxes or any other expense connected solely with the function of the business.
(III) Consider the net profit from the business as the gross earned income from that source for the individual.
(CC) Social Security - The money received from SSA for retirement, disabilities, and/or survivor's benefits;
(DD) Strike Benefits - The money received from union funds or other sources given to persons on strike from employment;
(EE) Unemployment Insurance Benefits - The money received from the Employment Security Commission (ESC) or railroad board or private companies for unemployment;
(FF) Veterans' Administration (VA) -
(I) Low Income Families The retirement or pension benefits paid to veterans and their dependents for a purpose other than to attend college.
(II) AFDC Families Any VA benefits that the caretaker relative receives from the
Veterans' Administration on his or her own behalf or on the behalf of the dependent children will be treated as unearned income. This includes subsistence payments received by a post secondary student. Any money that the veteran sends to the AFDC caretaker will be treated as follows:
As unearned income dollar-for-dollar if it is a contribution; or
As support if it is voluntary and acknowledged by either the mother or the absent parent to be for the support of the child(ren); or
As support if the absent parent is under court order and meeting his/her obligations in this way.
(GG) Wages, Salaries, Earnings - The gross money received for work performed as an employee, including but not limited to wages, salaries, tips, bonuses, and/or commissions before any withholding or deductions are made;
(HH) Workers' Compensation - The money received from private or public insurance companies or the Worker's Compensation Board for injuries incurred at work.
(vi) Income eligibility shall be determined as follows:
(A) Income levels shall be redetermined at least once every 6 months, or more often when a change of circumstance occurs;
(B) All countable income including gross earnings and cash benefit programs paid to the client shall be included;
(C) All income shall be budgeted prospectively;
(D) Any amount of money given to eligible clients by their employer or any other person, for the purchase of child day care shall not be counted as income when determining eligibility.
(a) Resource eligibility is determined prospectively.
(b) The total countable resources shall not exceed $4,500 per assistance unit;
(c) Resources of all family members living together who are financially responsible for each other are considered:
(i) Resources of a spouse are available to a spouse,
(ii) Resources of parents are available to their minor children who are unemancipated by Wyoming law or who are not minor parents, and (iii) Resources of a legal guardian are available to the children as provided for in the court order of guardianship.
(d) Resources are not available when there is a legal barrier or restriction;
(e) Resources are not available when there is a bona fide effort to sell the property;
(f) Exempt all resources in determining eligibility unless specifically listed in (vi) below as nonexempt;
(g) Resources that are not exempt and must be taken into account include:
(i) Equity value of any agreement in Escrow;
(ii) Equity value of all antiques and/or collectibles;
(iii) Equity value of all motor vehicles, except for the $4,500 exemption of one motor vehicle used for transportation, and the equity value of a specially equipped vehicle used for transporting a physically disabled assistance unit member, and the equity value of vehicle used for work, training, WOW or other public assistance E&T activity or counseling by a second adult in the assistance unit. The equity value of additional vehicles is a countable resource;
(iv) Cash on hand, money in checking or savings accounts, certificates of deposits, stocks and/or bonds except for the first $250 in a child's savings account;
(v) Equity value of all real property except the home and surrounding land in which the assistance unit lives and income producing property;
(vi) The equity value of all tools, machinery, livestock and other property items that are not used for employment or self-employment;
(vii) The amount of any income tax refund;
(viii) The fair market value of any item received as an inheritance;
(ix) Equity value of mineral rights, water, gravel, etc.;
(x) The cash or loan value available to the assistance unit from pension plans, retirement funds or refunds of utility deposits.
(a) Authorization begins with the date of the child care application, the date the approved activity begins, the date the child first entered child care, whichever is later. The provider must meet the provider eligibility requirements during the 30/45 day client application processing time or during the client change of report period.
(b) Child Care benefits for students shall not be authorized for more than six (6) months at a time.
(c) Child Care benefits for students shall be authorized according to the length of time their studies are scheduled (i.e.; college - length of time per semester; vocational class - length of time expected to complete.)
(i) Up to one hour per day for lunch can be allowed if needed during the school day;
(ii) Up to three hours per day can be allowed if needed for breaks in the class schedule;
(iii) Time for special situations as indicated by the instructor as part of the class work can be allowed;
(iv) No time will be allowed for study time.
(d) Child Care benefits for seasonal workers shall be authorized according to the type of work and expected length of time the work will continue.
(e) Child Care benefits for time for WOW and/or other public assistance Employment & Training (E & T) activities shall be authorized according to the schedule established by the family's WOW and/or E & T worker but for no longer than six months at a time.
(a) Applicants/recipients of child care assistance shall be notified in writing that the application has been approved and the amount and duration of the programs.
(b) Applicants/recipients of child care assistance shall be notified in writing that an application is denied or benefits terminated. The notice shall give the effective date and reason for the denial or termination. Termination does not mean expiration of the authorization.
(c) Recipients of child care assistance shall be notified in writing when there is a reduction of benefits.
(d) Written notice of reduction or termination of benefits shall be issued at least 10 days prior to the effective date of action. The notice will include the recipient's rights to a fair hearing.
(e) It is the client's responsibility to reapply for child care benefits prior to the expiration of the eligibility period to insure continuity of benefits. The State accepts no responsibility to send reminder notices that the authorization or entitlement period is ending.
(a) Payment for provider services is allowed only to providers who are registered providers that meet minimum health and safety standards, and who have been deemed a licensed provider or who have obtained a provisional license, unless a provider is exempt from licensing requirements as identified by state law and/or relevant licensing rules;
(b) Payment for provider services will be disallowed by the Department for the period of time a provider is in violation of any federal, state, or local law, rules and/or regulation applicable to a child care business;
(c) Payment for provider services is not allowed after that point in time when it has been substantiated that the provider has abused or neglected a child(ren), or after it has been substantiated that the provider has committed fraud against DFS. Penalties are as follows:
(i) The risk level of substantiated abuse/neglect as defined in the Child Protection Services (CPS) will determine how long payment should be withheld. The county manager or his designee will make this decision.
(ii) Payment is not allowed according to the following schedule or when rehabilitation is documented if the provider has been the subject of a substantiated abuse/neglect investigation. Low Risk is 2 years, Medium Risk is 3 years, and High Risk is 4 years.
(iii) Payment is not allowed when the provider has committed fraud against DFS within the past 5 (five) years.
(d) Payment is not allowed to an outside provider when one of the natural or adoptive parents is in the home and available to care for the child(ren). Payment to an outside provider is allowable in a stepparent situation.
(e) The provider is required to be at least 18 years old or meet Wyoming's emancipation law.
(f) The provider is not considered a State or DFS employee.
(g) The provider must allow parental access any time during the business hours.
(h) Provider payment will be made only for time while the recipient is actively participating in work, training, an educational program, a WOW activity, a Food Stamp E & T component activity, or counseling:
(i) Up to two hours per day to cover transportation time to and from the activity and the child care facility is allowed except for those participating in a Food Stamp E&T component;
(ii) One hour per day for lunch, if it occurs during the activity schedule, is allowed except for those participating in a Food Stamp E & T component;
(iii) No more than 12 hours per month for a maximum of two months in each 12 month period for Food Stamp E & T individual job search is allowed;
(iv) Child care hours for the actual time the client participates in a WOW activity as verified by the WOW case manager are allowed.
(i) Payment to hold a child care slot or for hours not used by the client are not allowed.
(j) Duplicate payment by DFS when child care is paid by other programs or agencies or person is prohibited.
(k) The amount given to the client or child care provider by another source for child care is deducted from the bill prior to DFS payment of the bill.
(l) Payment of child care for arrangements not authorized by DFS are the sole responsibility of the client.
(m) Payments for services not related to the child care program referred to in these rules are not allowed. Refer the client for other appropriate social services.
(n) Payment is made directly to the child care provider and not to the client.
(o) Payment to the provider will be made based on the provider's usual rate schedule for private pay customers but not to exceed the provider's daily, weekly, or monthly rate and not to exceed the hourly rate established by the provider for DFS purposes, whichever is less.
(p) Payment for substitute providers will be the responsibility of the provider who hired the substitute.
(q) The client and provider are required to complete the prescribed DFS form for child care expenses and return it to the DFS field office within 90 days of the Authorization expiration date for DFS to make any payment.
(i) The DFS payment amount will cover and not exceed the actual eligible authorized hours used at the lowest rate of the actual charge, local market rate, or statewide limit.
(ii) Payment is not allowed to more than three providers per child within a six month period unless good cause has been established.
(r) DFS field office worker is required to authorize payment on the DFS computer payment system.
(s) The state has no responsibility for unpaid bills for child care fees charged above the state rates.
(t) Rates for all child care program categories except Food Stamp E & T shall be based on Sliding Fee Scale Table II.
(u) Rates for Food Stamp E & T Households are limited to $160 per child per month.
(v) Payment starting date for new cases is the date of the child care application, the date the child first enters care, or the date the parent began the approved activity, whichever is later when the provider has met the provider eligibility requirements during the 30/45 day application processing time.
(w) Payment starting date for ongoing cases when a provider change is made is the date the change occurred when the Provider Registration process is completed within the ten day period for reporting changes or the date the Provider Registration is completed when not reported or not completed within ten days of the change.
(a) A reconciliation of prospective eligibility is not required when the best estimate of prospective circumstances was used at the time of the eligibility determination but may be used if requested by the client and new circumstances are verified. A reconciliation is not made when a case is terminated or denied because of expiration of the application processing time, the client has failed to cooperate or because the authorization or entitlement period expired. A reconciliation can be made within 90 days from the date of denial or termination.
(b) Retroactive benefits apply only to the Transitional Child Care Program.
(a) An Authorization Review consists of determining that the family is eligible before writing an authorization for services.
(b) An Entitlement Review is required at least once every six months for non-AFDC families. AFDC families will have an Entitlement Review at the same time as their AFDC Periodic Review.
(i) All entitlement factors are reviewed.
(ii) A face-to-face or telephone interview may be used to complete the review.
(iii) A review can be conducted more often when there is reason to believe the household circumstances changed and have not been reported or were previously misrepresented.
(a) An overpayment claim will be filed against an assistance unit when it is discovered that the assistance unit received benefits to which it was not entitled.
(i) The overpayment will begin on the first of the month following the month of change.
(b) An overpayment claim will be filed against a child care provider when:
(i) the provider overcharged the agency.
(ii) The provider misrepresented or gave false information on the Bill for Child Care Services.
(iii) The provider hired a person as a substitute who did not meet the substitute definition.
(iv) The provider misrepresented the information on the DYS90 and/or DFS 4010F and would not have been eligible as a child care provider.
(c) An overpayment claim will be filed against either the provider or assistance unit when it is discovered that the agency created the overpayment.
(i) The overpayment will begin with the month the change would have been effective had the field office acted timely and correctly; and
(ii) no later than two months after the month in which the change occurred.
(d) An overpayment to a family or provider currently receiving child care payments or benefits must be recovered through a reduction in the amount payable to the provider;
(e) In recovering overpayments from a recipient family, the state shall provide that the family retains, for any month, at least 90% of what the AFDC payment level is unless the family voluntarily agrees to waive this provision so that more can be collected. All assistance unit income, including income which is considered exempt for eligibility purpose is to be counted when determining the recoupment amount;
(f) Up to the amount of payment the provider is eligible to receive may be recovered from the provider before payment is issued;
(g) Recoupment of child care overpayments may be made from APDC benefits upon a voluntary written request of the recipient family;
(h) Overpayments to individuals may be recovered from the family unit which was overpaid, from individuals who were members of the family when overpaid, or from families which includes members of a previously overpaid family. In cases of former recipients or recipients who refuse to repay, recovery shall be made by appropriate action under State law against the income and resources of the overpaid individual or family;
(i) Underpayments and overpayments may be offset against each other in correcting incorrect payments;
(j) Recovery must be attempted in all cases of fraud, in all cases involving current recipients, and in all cases where the overpayment amount would equal or exceed the costs of recovery.