(1) Financial eligibility for child care assistance is based on the household's monthly income as defined in ARM 37.80.102. Households whose income exceeds 150% of the Federal Poverty Guideline (FPG) for a household of their size are not eligible for child care assistance.

(2) Households that are not receiving temporary assistance for needy families (TANF) are presumed eligible to receive child care assistance for 30 calendar days while application information is verified.

(a) To qualify for presumptive eligibility, a household must:

(i) submit a complete application that states the household meets eligibility requirements;

(ii) authorize the release of information to the department; and

(iii) submit an appropriate child care service plan.

(b) An applicant who intentionally provides false information for the purpose of receiving child care assistance must repay the child care assistance and may be ineligible to participate in the program.

(3) Assets owned by the members of the household are not considered in determining whether a household is eligible for child care assistance.

(4) Parents eligible for assistance are responsible for paying a monthly copayment in the amount specified in the sliding fee scale table.

(a) In general, the household's copayment is a percentage of the household's gross monthly income, based on the household's gross monthly income as compared to the FPG for a household of that size. Generally, households with income which is a higher percentage of the FPG are required to pay a higher percentage of their gross monthly income as a copayment than households whose income is a smaller percentage of the FPG. All parents receiving TANF-funded cash assistance must pay the $10 minimum copayment amount as specified in the sliding fee scale, regardless of household size or income.

(b) In the event that the actual cost of child care for the month is less than the required copayment the parent will be required to pay the actual cost of care rather than the specified copayment.

(c) Parents are solely responsible for paying the copayment to the child care provider. Parents who fail to make the required payment or make arrangements satisfactory to the provider will be ineligible for child care assistance until the amount due has been paid or arrangements satisfactory to the provider have been made.

(d) Children in child care placements due to protective services provided by the department are not subject to a copayment.

(5) In computing a household's size for purposes of determining eligibility and the parent's copayment, the following persons must be included as members of the household:

(a) the child or children for whom child care is being provided;

(b) all persons who live in the same household as the child or children and who are the child's:

(i) parents or stepparents;

(ii) siblings, step-siblings, or half-siblings age 17 and younger;

(c) an adult who lives in the same household as the child or children and who is the child's legal guardian or who assumes all the responsibilities of the parent for the child; and

(d) parents residing outside of the child's home, provided the parents of the child are not separated or divorced.

(6) In computing a household's size for purposes of determining eligibility and the parent's copayment, the parent has the option of choosing to include or exclude as a household member any other person residing with the child. After the household exercises its option to include or exclude a person when eligibility is initially being determined, the household cannot subsequently choose a different option, unless the optional members leave the household.

(7) In computing the household's income for purposes of determining eligibility and the parent's copayment, the income of all persons counted in computing household size must be counted.

(8) In determining the household's need for child care assistance, the work hours, school schedules and ability to care for the child or children of each adult included in calculating household size will be considered. The work hours and ability to care for the child or children of adults excluded in calculating household size will not be considered.

(9) Persons providing child care services subsidized under this chapter will be paid at the lesser of the provider's usual and customary rate or the rates specified in ARM 37.80.205. This total monthly payment due to the child care provider is computed by multiplying the applicable payment rate times the number of child care hours or days for the month for which payment is allowed under this chapter. The portion of the total monthly payment that the department is required to pay is computed by subtracting the parent's monthly copayment from the total monthly payment due.

(10) Eligible households may receive child care assistance for each child in the household who meet the age requirement for child care contained in ARM 37.80.102 and whose care meets all other requirements of this chapter for payment.

(11) No child care assistance payments can be issued until an authorization and corresponding certification plan that authorizes payment for child care services has been created by the child care resource and referral agency.

(12) The child care authorization and corresponding certification plan sets limits for child care benefits. Authorization and corresponding certification plans may change. The most recent authorization and corresponding certification plans are the effective plan. No further notice must be provided when benefits expire at the end date of an authorization and corresponding certification plan.

(13) Benefits will only be paid for actual care provided during the authorization and corresponding certification period, except as provided in ARM 37.80.205 and 37.80.206.

(14) A household that receives any amount of child care assistance to which the household was not entitled must repay all child care assistance to which the household was not entitled, regardless of whether the applicant, the recipient, the department, or contractors acting on behalf of the department caused the overpayment.