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| Montana Administrative Register Notice 37-520 | No. 18 09/23/2010 | |
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BEFORE THE DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES OF THE STATE OF
TO: All Concerned Persons 1. On October 15, 2010, at 1:30 p.m., the Department of Public Health and Human Services will hold a public hearing in the auditorium of the Department of Public Health and 2. The Department of Public Health and Human Services will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact Department of Public Health and Human Services no later than 5:00 p.m. on October 6, 2010, to advise us of the nature of the accommodation that you need. Please contact Rhonda Lesofski, Department of Public Health and Human Services, Office of Legal Affairs, 3. The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined: 37.80.101 PURPOSE AND GENERAL LIMITATIONS (1) through (11) remain the same. (12) An application for child care assistance will be denied if the applicant fails to submit all required documentation within 30 days of the date on which the application is received by the resource and referral agency. Applicants (13) The (a) remains the same. (b) the Montana Child Care Manual in effect on IMP: 52-2-702, 52-2-704, 52-2-713, 52-2-731, 53-2-201, 53-4-211, 53-4-601, 53-4-611, 53-4-612, MCA 37.80.201 NONFINANCIAL REQUIREMENTS FOR ELIGIBILITY AND PRIORITY FOR ASSISTANCE (1) In addition to the income requirements of ARM 37.80.202, the following nonfinancial requirements must be met in order for payments under this chapter to be made: (a) through (a)(ii)(B) remain the same. (b) The monthly minimum hourly work requirement does not apply to: (i) through (v) remain the same. (vi) a parent, in a two-parent household, who is severely disabled and unable to care for their child (vii) in extreme circumstances of verifiable medical, financial, and physical hardship, a decision to approve eligibility or continued eligibility in cases not otherwise meeting the required eligibility standards can be made by either the Child Care Program manager or the chief of the Early Childhood Services Bureau. Approval decisions will be based on how the hardship impacts the family and whether the family would likely meet the eligibility criteria for child care assistance when the hardship is no longer present. (2) through (11) remain the same. AUTH: 40-4-234, 52-2-704, 53-4-212, MCA IMP: 52-2-704, 52-2-713, 52-2-721, 52-2-722, 52-2-723, 52-2-731, 53-2-201, 53-4-211, 53-4-601, 53-4-611, MCA 4. The Department of Public Health and Human Services (department) is proposing amendments to ARM 37.80.101 and 37.80.201 pertaining to child care assistance. ARM 37.80.101
The proposed amendment to ARM 37.80.101(12) is being updated to require Child Care Resource & Referral (CCR&R) agencies to offer an automatic 15-day extension for families to submit documentation required to qualify for child care assistance when families have to obtain that documentation from third parties. The department has found during administrative reviews that families who would have qualified for a 15-day extension to submit required documentation from third parties were not aware of the option or were not offered the option of receiving a 15-day extension. This change will require the CCR&R agencies with the state to offer the extension automatically when required documentation for eligibility must come from a third party. The department does not anticipate any adverse affect or any fiscal impact associated with this change.
ARM 37.80.101(13)(b) currently adopts and incorporates by reference the Montana Child Care Manual effective August 1, 2010. The department proposes to make some revisions to this manual that will take effect on November 1, 2010. The proposed amendment to ARM 37.80.101(13) is necessary to incorporate into the Administrative Rules of Montana the revisions to the manual and to permit all interested parties to comment on the department's policies and to offer suggested changes. It is estimated that changes to the Child Care Manual could affect approximately 3500 recipient households, 2000 child care providers, and 11 CCR&R agencies. Manuals and draft manual material are available for review in each local office of public assistance and on the department's web site at www.childcare.mt.gov. The department does not anticipate any adverse affect or any fiscal impact associated with the changes to the manual and to ARM 37.80.101(13(b). ARM 37.80.201
ARM 37.80.201(1)(b)(vii) is being updated to allow the Child Care Program manager or the chief of the Early Childhood Services Bureau to approve extreme cases not otherwise meeting the required eligibility standards if denial would likely cause a verifiable medical, financial, or physical hardship putting a child at risk for physical or emotional harm. On occasion, families face such hardship and the risk of such harm in circumstances which may cause the family to be ineligible for child care assistance. The hardship provision allows for child care to continue uninterrupted until these circumstances improve. Decisions of approval will be based on how the hardship and risk of harm impact the family and whether the family would likely meet the eligibility criteria for child care assistance once the hardship is no longer present. The department does not anticipate any adverse affect or any fiscal impact associated with this change.
Following is a brief overview of the Child Care Manual sections with substantive changes related to the above ARM changes.
Section 1-7 - Parent Eligibility – Overview – Hardship Eligibility As is reflected in the change to ARM 37.80.201(1)(b)(vii), this manual provision is being updated to allow the Child Care Program manager or the chief of the Early Childhood Services Bureau to approve extreme cases not otherwise meeting the required eligibility standards if denial would likely cause a verifiable medical, financial, or physical hardship putting a child at risk for physical or emotional harm. On occasion, families face such hardship and the risk of such harm in circumstances which may cause the family to be ineligible for child care assistance. The hardship provision allows for child care to continue uninterrupted until these circumstances improve. Decisions of approval will be based on how the hardship and risk of harm impact the family and whether the family would likely meet the eligibility criteria for child care assistance once the hardship is no longer present. The department does not anticipate any adverse affect or any fiscal impact associated with this change.
Section 2-1 - Non-TANF Child Care Eligibility – Application Process As is reflected in the change to ARM 37.80.101(12) this manual provision is being updated to require CCR&R agencies to offer an automatic 15-day extension for families to submit documentation required to qualify for child care assistance when families have to obtain that documentation from third parties. The department has found during administrative reviews that families who would have qualified for a 15-day extension to submit required documentation from third parties were not aware of the option or were not offered the option of receiving a 15-day extension. This change will require the CCR&R agencies with the state to offer the extension automatically when required documentation for eligibility must come from a third party. The department does not anticipate any adverse affect or any fiscal impact associated with this change.
Section 2-1 - Application Process – Presumptive Eligibility This manual provision is being revised to change the permissive language of the previous provision to mandatory language requiring a family be presumed eligible for child care assistance during the 30 day verification period. The change is made to emphasize that the presumption applies to families only, and not to LUP/LUI providers, who are subject to background checks and other administrative requirements that commonly take more than 30 days. This revision will give assurance to providers who are already licensed or registered that child care will be paid for families while information is being verified. Presumption occurs beginning the day the application for the family is received and date stamped in the CCR&R office if a waiting list is not in effect at that time. The change will apply to and should not adversely affect approximately 3,500 households currently receiving reimbursement through the scholarship program. It is estimated that 100% of the above mentioned participants will meet eligibility criteria for this program. The department does not anticipate any adverse affect or any fiscal impact associated with this change. Section 2-2 - Non-TANF Child Care Eligibility – Household Requirements – Homelessness
This manual provision is being revised to ensure that families who meet all general eligibility requirements for child care assistance with the exception of a permanent address, and who lack a permanent address due to temporary homelessness, will still be eligible for child care assistance. Families are increasingly suffering temporary homelessness who otherwise meet the child care assistance general eligibility requirements, including the household having a need for child care, having gross income not exceeding 150% of the poverty rate, being in compliance with the Child Support Enforcement Division, families working/receiving training, and teen parents attending school. The department has determined that denial of eligibility solely for the lack of a permanent address because of temporary homelessness is contrary to the overreaching intent of the law. The department does not anticipate any adverse affect or any fiscal impact associated with this change.
Section 2-2 and 2-2A - Child Support This manual provision is being created to explain clearly in a single section all issues, processes, and procedures concerning child support. Information in this subsection was taken from Section 2-2. The department does not anticipate any adverse affect or any fiscal impact associated with this change.
Section 2-3 - Non-TANF Activity Requirements – Distance/Online Learning
This manual provision is being revised to increase the number of educational/training options available to families eligible for scholarship assistance by accepting Distance Learning/On-line coursework as fulfilling non-work-related activities requirements. The revisions are necessary because the state recognizes that an increased number of individuals are using Distance Learning/On-line coursework as a way to obtain formalized education without having to leave their families and homes to attend a traditional education program. This is especially important to families who live in the rural areas of the state where no local educational facility is available. The calculated fiscal impact associated with this rule change will be approximately $200,000 over an eight-month period based on anticipated additional qualifying students as well as those students currently receiving scholarship assistance who may select distance learning options over traditional educational institutions. The department does not anticipate any adverse affect. Section 2-3 - Non-TANF Child Care Eligibility – Minimum Hourly Work Requirement This manual provision is being revised to reduce the minimum work requirement from 120 to 60 hours when a family member is incarcerated. The department has determined that a parent in an intact family whose spouse is incarcerated would face undue hardship by having to meet the 120-hour work requirement for a two-parent household, and that the work requirement for such a parent should be reduced to the 60-hour standard applicable for a single parent family until the incarcerated spouse is released and able to work. Likewise, should the nonincarcerated parent be a full-time student, the department believes it would cause undue hardship to require that parent meet the 60-hour/month work requirement for a full time student. Instead, the department will apply to the unincarcerated spouse the 40-hour/month standard applicable to a single parent attending school full time until the incarcerated spouse is released and able to work. The department does not anticipate any adverse affect or any fiscal impact associated with this change. Section 6-2 - Legally Unregistered Provider – Out-of-State Background Check Procedure This manual provision is being revised to clarify the procedure used to track out of state background checks in light of the upcoming centralization of LUP services within one CCR&R agency in the state. While the tracking is done within the CCR&R agency, ultimate responsibility for all background check costs remains the responsibility of the parent. The department does not anticipate any adverse affect or any fiscal impact associated with this change.
Section 6-3 - Issuing the Child Care Certification Plan – Sleep Time This manual provision is being revised to limit the possibility of fraud occurring when an employee of a child care facility is also eligible for the Best Beginnings Child Care Program. Specifically, sleep time may be approved for parents working or attending education or training activities during the night on a very limited basis, only if no other resource exists. Sleep time may be allowed for parents employed at child care facilities during the night equal to or less than the number of hours of work time. However, participants requesting sleep time care must have their children in a facility other than the one where the participant is employed The change will apply to and should not adversely affect approximately 2,000 caregivers currently working in child care facilities across the state. It is estimated that less than 1/2% of the above mentioned caregivers are third shift workers. The department does not anticipate any adverse affect or any fiscal impact associated with this change.
Section 7-4 - Best Beginnings Quality Initiatives – Mini Grants This manual provision is being revised to allow CCR&R agencies rather than the Early Childhood Services Bureau the ability to assist providers with funding to improve the quality of their child care programs. In the interest of fairness of funding allocation across the state by CCR&R region, each agency administers the Mini Grant program for their service delivery area. For this reason, it has been deemed appropriate for local CCR&R agencies to manage the grants. Mini Grants are intended to allow for localized application and to ensure flexibility in awarding amounts consistent with the needs of providers. Use of the grant funds are outlined in this policy revision. The change will apply to and should not adversely affect approximately 2000 providers currently eligible to apply for the Mini Grants and the 11 CCR&R agencies contracted to implement this policy. It is estimated that 100% of the above mentioned participants will meet eligibility criteria for this program. The department does not anticipate any adverse affect or any fiscal impact associated with this change. 5. The department intends the proposed rule changes to be applied effective November 1, 2010. 6. Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to: Rhonda Lesofski, Department of Public Health and Human Services, Office of Legal Affairs, P.O. Box 4210, Helena, Montana, 59604-4210; fax (406) 444-9744; or e-mail dphhslegal@mt.gov, and must be received no later than 5:00 p.m., October 21, 2010. 7. The Office of Legal Affairs, Department of Public Health and Human Services, has been designated to preside over and conduct this hearing. 8. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in 6 above or may be made by completing a request form at any rules hearing held by the department. 9. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register. The Secretary of State strives to make the electronic copy of the notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered. In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems. 10. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.
/s/ Francis X. Clinch /s/ Anna Whiting Sorrell Rule Reviewer Anna Whiting Sorrell, Director Public Health and Human Services Certified to the Secretary of State September 13, 2010.
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A directory of state agencies is available online at http://www.mt.gov/govt/agencylisting.asp.
For questions about the organization of the ARM or this web site, contact sosarm@mt.gov.
