BEFORE THE DEPARTMENT OF PUBLIC

HEALTH AND HUMAN SERVICES OF THE

STATE OF MONTANA

 

In the matter of the adoption of New Rule I, the amendment of ARM 37.80.101, 37.80.102, 37.80.201, 37.80.202, 37.80.205, 37.80.206, and 37.80.301, and the repeal of ARM 37.80.305 and 37.80.306 pertaining to child care assistance provided through the Best Beginnings Child Care Scholarship (BBCCS) Program

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NOTICE OF PUBLIC HEARING ON PROPOSED ADOPTION, AMENDMENT, AND REPEAL

 

TO: All Concerned Persons

 

          1. On August 25, 2016, at 1:30 p.m., the Department of Public Health and Human Services will hold a public hearing in Room 207 of the Department of Public Health and Human Services Building, 111 North Sanders, Helena, Montana, to consider the proposed adoption, amendment, and repeal of the above-stated rules.

 

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 the Department of Public Health and Human Services no later than 5:00 p.m. on August 17, 2016, to advise us of the nature of the accommodation that you need. Please contact Kenneth Mordan, Department of Public Health and Human Services, Office of Legal Affairs, P.O. Box 4210, Helena, Montana, 59604-4210; telephone (406) 444-4094; fax (406) 444-9744; or e-mail dphhslegal@mt.gov.

 

          3. The rule as proposed to be adopted provides as follows:

 

          NEW RULE I LEGALLY CERTIFIED PROVIDERS: CERTIFICATION REQUIREMENTS AND PROCEDURES (1) The applicant and all adults who reside in the applicant's home must provide authorization for criminal, FBI, state and national sexual/violent offender registry, and child protective services background checks for the period of time from the present date back to the date of the individual's 18th birthday.

          (2) If the background checks reveal any of the following, the application will be denied:

          (a) Child Protective Services (CPS) substantiation against the applicant or other adult in the household, or an open CPS case against the applicant or adult in the household;

          (b) conviction of a crime involving sex;

          (c) conviction of a crime involving violence;

          (d) conviction of a crime involving drugs;

          (e) conviction of driving under the influence (DUI) within three years of the application date (applies only to the applicant, not the other adults in the household);

          (f) conviction of child endangerment;

          (g) conviction of a crime involving a weapon, including firearms or knives;

          (h) conviction of any crime that bears upon the applicant's fitness to have responsibility for the safety and well-being of children; and

          (i) pending charges by a law enforcement agency for a crime that would otherwise be a disqualifying record, if convicted.

          (3) An application will also be denied for the following reasons:

          (a) applicant fails to provide all necessary documentation needed to determine eligibility within the 30-day time limit;

          (b) parent and provider reside at the same residence and the proposed caregiver is not an approved relative caregiver;

          (c) applicant's statement of health form reveals the applicant or other adult in the household has an ongoing illness that bears upon the applicant's ability to have responsibility for the safety and well-being of children;

          (d) applicant discriminates in the provision of child care services on the basis of the race, sex, religion, creed, color, or national origin of the parent or the child; or

          (e) the background check process has exceeded 90 days.

          (4) Legally certified providers must also meet the following requirements to be certified under this chapter:

          (a) be 18 years of age or older;

          (b) within 60 calendar days of approval, attend a training or orientation session provided or approved by the department that includes health and safety issues;

          (c) limit the care they provide to a period less than 24 hours in any day;

          (d) care for no more than two children at a time, unless the children are from the same household. If the children are from separate households, then a legally certified provider may care for no more than two children;

          (e) must provide appropriate verification of the attestations and other requirements in this rule upon request from the department. The department may deny eligibility based upon inaccuracy or falsification of such attestations, and/or failure to fulfill the other requirements of this rule. Prior to and during certification, the department may also require disclosure to parents of information known to the department involving any acts of the provider bearing on the provider's ability to safely care for children; and

          (f) only legally certified providers may transport children while in their care.

          (5) Legally certified providers are not eligible to be reimbursed for child care services provided while home schooling.

 

AUTH: 52-2-704, MCA

IMP: 52-2-704, 52-2-713, 52-2-721, 52-2-722, 52-2-731, MCA

 

4. The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:

 

          37.80.101 PURPOSE AND GENERAL LIMITATIONS (1) and (2) remain the same.

          (3) The Child Care Assistance Program will be administered in accordance with:

          (a) the requirements of federal law governing the Child Care and Development Block Grant Act of 1990, section 5082 of the Omnibus Budget Reconciliation Act of 1990 (Public Law 101-508 as amended and 2014, codified at 42 USC 9858 et seq.), and 45 CFR parts 98 and 99, child care and development fund, adopted July 24, 1998; and

          (b)  The the Montana Child Care Manual, dated April 9, 2016 September 30, 2016, is adopted and incorporated by this reference. The manual contains the policies and procedures utilized in the implementation of the department's Child Care Assistance Program. A copy of the Montana Child Care Manual manual is available at each child care resource and referral agency; at the Department of Public Health and Human Services, Human and Community Services Division, 111 N. Jackson St., P.O. Box 202925, Helena, MT 59620-2925; and on the department's web site at www.childcare.mt.gov.

 

AUTH: 52-2-704, 53-4-212, MCA

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

 

          37.80.102 DEFINITIONS As used in this chapter, the following definitions apply:

          (1) "Absent days" means a payment to assist households when a child care provider requires payment for a child's absence.

          (1) (2)  "Authorization of Sservices" means the span of time, number of hours per week, and schedule that an eligible child is approved for care at a particular provider's facility. In addition, it indicates the monthly payment amount that the family is approved to receive for the indicated child at the indicated facility. The authorization of services is used to create the certification plan.

          (2) (3) "Certification Pplan" means the document prepared by the department, or its agent, that states the amount of child care assistance to be paid and includes any additional information required by the department. This document is generated after the authorization of services has been created.

          (3) through (10) remain the same, but are renumbered (4) through (11).

          (11) (12)  "Federal poverty guidelines (FPG)" or "Federal Ppoverty Llevel (FPL)" means the poverty guidelines published by the U.S. Department of Health and Human Services based on information compiled by the U.S. Bureau of the Census. Upon request, a copy of the guidelines is available from the Department of Public Health and Human Services, Human and Community Services Division, 111 N. Jackson St., P.O. Box 202952, Helena, MT 59620-2925.

          (12) and (13) remain the same, but are renumbered (13) and (14).

          (15) "Graduated eligibility" means graduated phaseout as that term is used in the Child Care and Development Block Grant Act of 2014 at 42 USC 9858c(c)(2)(N)(iv).

          (14) and (15) remain the same, but are renumbered (16) and (17).

          (16) (18) "Legally certified provider" means a person providing child care under this chapter, who qualifies to receive child care assistance without meeting the requirement of ARM Title 37, chapter 95. A legally certified provider may care for up to two children or all the children from the same household, and may provide child care in the home of the parents an individual certified under ARM Title 37, chapter 95 and selected by a parent or guardian to receive payment for child care for no more than two children unless all the children are from the same household.

          (17) through (22) remain the same, but are renumbered (19) through (24).

 

AUTH: 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, 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) remains 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; and

          (vii) parents who are homeless; and

          (vii) remains the same, but is renumbered (viii).

          (2) A Households household which are is not receiving cash assistance funded by TANF may be eligible for child care assistance under this chapter while a parent is participating in education or training reasonably expected to lead to gainful employment if:

          (a) and (b) remain the same.

          (3) Child care assistance under this chapter for parents who are pursuing training or education is subject to the following limitations and requirements:

          (a) through (4) remain the same.

          (5) The parents may apply for authorization/reauthorization under this chapter at a child care resource and referral agency.

          (6) (5)  Due to limited funding for child care assistance, some households which meet all requirements for eligibility may not receive benefits. If there are insufficient funds to provide benefits to all eligible households, priority for benefits will be are determined as follows:

          (a) remains the same.

          (b) A Households household containing a child with special needs are is guaranteed child care when otherwise eligible for child care assistance under ARM 37.80.201 through 37.80.502.

          (c) A Households household headed by a teen parent are is guaranteed child care when otherwise eligible for child care assistance under subchapters 2, 3, and 5 ARM 37.80.201 through 37.80.502.

          (d) and (e) remain the same.

          (7) through (11) remain the same, but are renumbered (6) through (10).

          (11)  A household experiencing homelessness may have child care benefits continued for 90 calendar days following the reported homeless status if the department has sufficient funds to provide extended child care benefits.

 

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

 

          37.80.202 FINANCIAL REQUIREMENTS FOR ELIGIBILITY; PAYMENT FOR CHILD CARE SERVICES; PARENT'S COPAYMENT (1) Financial eligibility for child care assistance is based on the a household's monthly income as defined in ARM 37.80.102. A Households household whose income exceeds is below 150% of the Federal Poverty Guideline (FPG) for a household of their that size are not is eligible for child care assistance.

          (2) At annual redetermination, a household not receiving temporary assistance for needy families (TANF), whose income exceeds 150% and is below 185% of the FPG for a household of its size is eligible for child care assistance under graduated eligiblity. To qualify for graduated eligiblity, the following apply:

          (a)  eligibility is limited to one six-month eligibility period; and

          (b)  all other non-TANF eligibility requirements must be met.

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

          (a) and (b) remain the same.

          (3) (4) Assets owned by the members of the household are not considered in determining whether a household is eligible for child care assistance. A household with assets exceeding the threshold identified in 42 USC 9858n (4)(B) (2016) is not eligible for child care assistance.

          (4) (5) 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 a 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 is 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 are ineligible for child care assistance until the amount due has been paid or arrangements satisfactory to the provider have been made.

          (d) remains the same.

          (5) and (6) remain the same, but are renumbered (6) and (7).

          (7) (8) In computing the a 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) (9) In determining the a 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 are considered. The work hours and ability to care for the child or children of adults excluded in calculating household size will are not be considered.

          (9) (10) Persons providing child care services subsidized under this chapter will be are 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) (11) Eligible households may receive child care assistance for each child in the household who meet meets 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) and (12) remain the same, but are renumbered (12) and (13).

          (13) (14) Benefits will are 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) remains the same, but is renumbered (15).

 

AUTH: 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, 53-4-212, 53-4-601, 53-4-611, MCA

 

          37.80.205 CHILD CARE RATES: PAYMENT REQUIREMENTS

          (1) through (3) remain the same.

          (4) Child care providers are entitled to payment only when care is actually provided to the child, except that a household may use the child care subsidy program to pay for days when care is not actually provided to the child in accordance with the requirements for the certified enrollment program as specified in ARM 37.80.206. Providers are paid for child care provided when the child is present. Payment for child care when the child is absent is only allowed as described in ARM 37.80.206.

          (5) through (8) remain the same.

 

AUTH: 52-2-704, 53-4-212, MCA

IMP: 52-2-704, 52-2-713, MCA

 

          37.80.206 CERTIFIED ENROLLMENT ABSENT DAYS (1) Certified enrollment is intended to assist households to pay child care facilities requiring payment when a child is temporarily absent.

          (2) (1)  The following requirements must be met in order for a provider to be paid under certified enrollment for absent days:

          (a) Certified enrollment is Absent days are available only for children receiving full-time child care. It is not available if the child is receiving care on a part-time basis.

          (b) remains the same.

          (c) Certified enrollment Absent days may not be used for more than 70 certified enrollment hours 24 days in a state fiscal year per child.

          (3) (2)  Child care providers may not charge for children under certified enrollment for absent days if the parent has not indicated an intent to return the child to the facility for additional child care services. The intent to return a child may be manifested either:

          (a) through (c) remain the same.

          (4) remains the same, but is renumbered (3).

 

AUTH: 52-2-704, MCA

IMP: 52-2-704, MCA

 

          37.80.301 REQUIREMENTS FOR CHILD CARE FACILITIES, COMPLIANCE WITH EXISTING RULES, CERTIFICATION (1) and (2) remain the same.

          (3) Child care facilities providers must be certified or recognized by the department or its designated agent as eligible to receive payment under this chapter. All applicable forms must be completed and submitted for approval. Registered and licensed facilities and legally certified providers are approved by the Child Care Licensing Bureau of the department's Quality Assurance Division. Legally certified providers are certified by the Early Childhood Services Bureau. Facilities licensed or registered by other entities must be recognized by the Child Care Licensing Bureau of the department's Quality Assurance Division.

          (4) and (5) remain the same.

 

AUTH: 52-2-704, MCA

IMP:  52-2-704, 52-2-713, 52-2-721, 52-2-722, 52-2-723, 52-2-731, MCA

 

          5. The department proposes to repeal the following rules:

 

          37.80.305 LEGALLY CERTIFIED PROVIDERS: INTRODUCTION found on page 37-17845 of the Administrative Rules of Montana.

 

AUTH: 52-2-704, MCA

IMP: 52-2-704, 52-2-713, 52-2-721, 52-2-722, 52-2-723, 52-2-731, MCA

 

          37.80.306 LEGALLY CERTIFIED PROVIDERS: CERTIFICATION REQUIREMENTS AND PROCEDURES found on page 37-17846 of the Administrative Rules of Montana.

 

AUTH: 52-2-704, MCA

IMP: 52-2-704, 52-2-713, 52-2-721, 52-2-722, 52-2-723, 52-2-731, MCA

 

          6. STATEMENT OF REASONABLE NECESSITY

 

The Department of Public Health and Human Services (department) is proposing to adopt New Rule I, amend ARM 37.80.101, 37.80.102, 37.80.201, 37.80.202, 37.80.205, 37.80.206, and 37.80.301, and repeal ARM 37.80.305 and 37.80.306 pertaining to child care assistance.

 

The Best Beginnings Child Care Scholarship (BBCCS) Program is administered by the department and funded by federal funds through the Child Care Development Fund with some matching state general fund monies. BBCCS provides assistance paying for child care to families referred by Temporary Assistance for Needy Families (TANF) and children with Child Protective Services (CPS). The BBCCS program also offers child care assistance for low-income households with parents attending school or working. This is referred to as the non-TANF program.  Eligibility for the non-TANF program is determined through Child Care Resource and Referral (CCR&R) agencies.

 

The proposed rule changes are necessary to conform the department's rules for the administration of the program in Montana to the federal Child Care and Development Block Grant Act of 2014 (CCDBG Act of 2014). The proposed rule amendments would increase the income level for continued child care assistance, reduce barriers for the participation of homeless families, and move policies toward being both family and provider friendly. Other minor amendments to these rules are proposed to clarify rule language and provide consistency in department references.

 

New Rule I

 

The department is transferring duties related to the category of child care providers known as "legally certified providers" from the Early Childhood Services Bureau (ECSB) to the Licensing Bureau of the department's Quality Assurance Division (QAD).  The department is not making any substantive changes to requirements for legally certified providers at this time. To implement the transfer of functions from ECSB to QAD, the department is repealing ARM 37.80.305 and 37.80.306 and making language changes to the definition of "legally certified provider" in ARM 37.80.102 and to a cross reference in ARM 37.80.301.

 

ARM 37.80.101

 

The department proposes to make revisions to the current Child Care Policy Manual (manual), which is adopted and incorporated by reference in ARM 37.80.101.  The revised edition of the manual would become effective September 30, 2016. The proposed amendment is necessary to adopt the prospective version of the manual into the Administrative Rules of Montana. The following constitute the department's proposed revisions to the manual:

 

The department is proposing throughout the manual to remove the term "Certified Enrollment" and replace it with "Absent Days." Certified Enrollment is not the correct term to characterize allowed payments for a child's temporary absence. Absent Days is a more appropriate term to describe the daily payment for a child's temporary absence.

 

Policy Section 1-3:  Overview-Best Beginnings Child Care Scholarship-Definitions

 

The definition for "Absent Days" is being added, and the definition for "Certified Enrollment" is being removed.

 

The CCDBG Act of 2014 at 42 USC 9858c(c)(2)(N)(iv) requires graduated phase out for working parents whose income has increased slightly. The BBCCS program refers to the requirement as the "Graduated Eligibility program." Because the federal government uses the term "Graduated Phaseout," the department proposes adding a definition of the term "Graduated Eligibility" in the manual to provide consistency between the manual and federal requirements.

 

The CCDBG Act of 2014 includes requirements for homeless children and families. For consistency with reporting and eligibility requirements, the department proposes adding to the manual the definition of "Homeless" that is used in the yearly federal report of child care assistance demographics, the ACF-801.

 

Policy Section 1-4:  Overview-Best Beginnings Child Care Scholarship-Scholarship Rates

 

The General Rule subsection is being proposed for revision because of a previous policy revision to Policy Section 2-3:  Non-TANF Activity Requirements, effective April 9, 2016. A parent who attends school full-time does not have a work requirement.

 

The current version of the Child Care Provider Market Rate Survey subsection provides that a market child care provider rate survey is to be conducted annually.  The Child Care and Development Fund State Plan requires that the survey be conducted every three years. The CCDBG Act of 2014 does not require an annual survey. The department therefore proposes revising the Child Care Provider Market Rate Survey subsection to require that the market child care provider rate survey be conducted every three years.

 

The department proposes removing language referring to data from the Child Care Under the Big Sky (CCUBS) computer system because that data does not satisfy new requirements that the market rate survey be conducted in a statistically reliable and valid manner. The rates of child care providers who do not participate in the BBCCS program are not included in CCUBS data.

 

The department proposes removing language describing times of the year when the market rate is conducted and is effective because the market rate survey does not have to be completed yearly.

 

The department proposes revising the subsection entitled ECSB Pays the Lower Rate because the ECSB now serves Child Care Resource and Referral (CCR&R) regions, rather than districts.

 

The department proposes removing the statement about child care providers reporting a current rate because that information is already included in the "Provider Shall Report Rate Changes" subsection.

 

The name of the manual was changed to ECSB Procedure Handbook when the manual was updated effective April 9, 2016.

 

The department proposes revising language about copayments for child care to make it clear that providers may charge copayments for child care that exceed the reimbursement rate, and that if this occurs, parents are responsible for paying the amount that exceeds the reimbursement rate.

 

The department proposes revising the "Provider Must Report Rates and Associated Changes" subsection to clarify that a child care provider must report to the CCR&R changes the provider makes in rates and billing to a parent. The department proposes revising manual language regarding licensure because the license the department issues does not result in a change in the provider's rate.

 

The department proposes adding language that would allow providers to request exceptions to the effective rate change date and, if providers present a reasonable reason for doing so, allow ECSB to make exceptions.

 

Policy Section 2-2:  Non-TANF Child Care Eligibility-Household Requirements

 

The federal Child Care and Development Block Grant Act of 2014 codified at 42 USC 9858c(c)(2)(I)(i)(l), requires that homeless children receive child care assistance during a grace period while their families are taking necessary actions to comply with federal health and safety requirements, including immunization requirements. The department proposes including language in the Homelessness subsection which complies with these federal requirements for such a grace period.

 

Policy Section 2-4:  Non-TANF Child Care Eligibility-Household Income

 

The CCDBG Act of 2014 at 42 USC 9858n(4)(B), establishes a resource test for eligibility. The department proposes adding language to the General Rule subsection consistent with this requirement.

 

Policy Section 2-7:  Non-TANF Child Care Eligibility-Redetermination

 

The department proposes adding a new subsection entitled "Graduated Eligibility" to comply with the requirements of the CCDBG Act of 2014 at 42 USC 9858c(c)(2)(N)(iv). This section of the act requires child care assistance to continue for a period of time for children of parents who are working or attending job training or educational programs and whose family income exceeds the non-TANF income limits but does not exceed 85% of the state median income for a family of the same size.

 

Policy Section 6-1: Serving the Family-Child Care Referrals

 

The department proposes changing the references throughout Policy Section 6-1 from "Child Care Resource and Referral (CCR&R) centralized" to "regional CCR&R" agencies. On July 1, 2016, child care referral services contracts changed from a centralized CCR&R agency to regional CCR&R agencies so that parents and child care providers would have more access to child care referrals at a local level.

 

Policy Sections 6-2 and 6-2a

 

These sections are being deleted because the subject matter relates to legally certified providers.

 

Policy Section 6-6: Absent Days & Continuity of Care

 

The program proposes changing the name of the "Certified Enrollment" subsection to "Absent Days" to comply with the CCDBG Act of 2014 at 42 USC 9858c(c)(2)(S)(ii), which requires payment practices "that support the fixed costs of providing child care services by delinking provider reimbursement rates from an eligible child's occasional absences due to holidays or unforeseen circumstances such as illness."

 

The program proposes two changes to fulfill the federal requirement:  (1) an increase in the number of Absent Days available and (2) language about how Absent Days are claimed or not claimed for payment purposes.

 

The program proposes a clarification about how the Child Care Under the Big Sky (CCUBS) computer system determines a full day of child care services.

 

The program proposes adding language to the Grace Period subsection specifying that a grace period is available during Graduated Eligibility in order to comply with a requirement of the CCDBG Act of 2014 at 42 USC 9858c(c)(2)(N)(iv).

 

The same benefits should be applied to Graduated Eligibility because Graduated Eligibility must meet all non-TANF eligibility requirements other than the income cap. A grace period is an appropriate benefit that provides continuity of care when a parent loses a job.

 

ARM 37.80.102

 

The department proposes amending ARM 37.80.102 to add definitions for the terms "absent days" and "graduated eligibility." Both terms are used in rule changes the department is proposing to implement the CCDBG Act of 2014. "Absent days" is explained at ARM 37.80.206. "Graduated eligibility" is explained at ARM 37.80.202. Adding definitions for these new terms makes the administrative rules easier to use and understand.

 

ARM 37.80.201

 

The department proposes amending ARM 37.80.201 to provide that a monthly minimum hourly work requirement does not apply to a homeless parent in a household. The department proposes this amendment to comply with the CCDBG Act of 2014, codified at 42 USC 9858c(c)(2)(I)(i)(l), which requires a grace period during which the parent of a homeless child does not have to meet a monthly minimum hourly work requirement. This will allow the family child care while the parent seeks work and long term shelter. The department considers 90 days an appropriate amount of time for homeless children to meet immunization requirements and their parents to meet eligibility requirements.

 

ARM 37.80.202

 

The CCDBG Act of 2014 at 42 USC 9858c (c)(2)(N)(iv), requires a graduated phaseout period during which children are allowed continued child care assistance when the family income exceeds program eligibility. The department proposes amending the rule to add the criteria for graduated eligibility to comply with this federal requirement. A household is eligible for the non-TANF eligibility program if household income is below 150% of the Federal Poverty Guideline (FPG). The proposed Graduated Eligibility program allows households with increases in income between 150% and 185% of FPG to remain in the program for six months.

 

The department proposes amending the rule to include language consistent with 42 USC 9858n(4)(B).

 

ARM 37.80.205

 

The department proposes amending ARM 37.80.205 to consistently use the term "absent days" instead of "certified enrollment." ARM 37.80.205 cross references ARM 37.80.206, which the department is proposing to amend to change the process for reimbursing a provider when an eligible child is not present. The department is proposing to use an absent days method instead of a certified enrollment method. The reason for this change is explained at ARM 37.80.206.

 

ARM 37.80.206

 

The CCDBG Act of 2014 at 42 USC 9858c (c)(2)(S)(ii) requires payment practices "that support the fixed costs of providing child care services by delinking provider reimbursement rates from an eligible child's occasional absences due to holidays or unforeseen circumstances such as illness." To comply with this requirement, the department proposes changing the name of the current "Certified Enrollment" section to "Absent Days" and increasing the number of days a child care provider may be reimbursed for a child's temporary absences. This increase in allowed absent days will result in an increased payment for the fixed costs of making child care available to the parent.

 

ARM 37.80.301

 

The department is transferring duties related to the category of child care providers known as "legally certified providers" from the Early Childhood Services Bureau (ECSB) to the Licensing Bureau of the department's Quality Assurance Division (QAD).  This proposed rule change is necessary to implement that change. See explanation at New Rule I.

 

ARM 37.80.305 and 37.80.306

 

The department is transferring duties related to the category of child care providers known as "legally certified providers" from the Early Childhood Services Bureau (ECSB) to the Licensing Bureau of the department's Quality Assurance Division (QAD). This proposed rule change is necessary to implement that change. See explanation at New Rule I.

 

Fiscal Impact

 

The department expects the proposed rules will not have a fiscal impact. All proposed rules will be funded within the current budget of the Best Beginnings Child Care Scholarship program.

 

As of March 2016, there were 2,085 Non-TANF families, 338 TANF families, and 737 children with CPS receiving child care assistance. A total of 4,691 unduplicated children were receiving child care assistance.

 

          7. 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: Kenneth Mordan, 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., September 2, 2016.

 

8. The Office of Legal Affairs, Department of Public Health and Human Services, has been designated to preside over and conduct this hearing.

 

9. 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 7 above or may be made by completing a request form at any rules hearing held by the department.

 

10. 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.

 

11.  The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

12. With regard to the requirements of 2-4-111, MCA, the department has determined that the adoption, amendment, and repeal of the above-referenced rules will not significantly and directly impact small businesses.

 

13. The requirements of 53-6-196, MCA, do not apply because child-care assistance is not a Medicaid service.

 

 

/s/ Geralyn Driscoll                                /s/ Richard H. Opper                            

Geralyn Driscoll, Attorney                      Richard H. Opper, Director

Rule Reviewer                                       Public Health and Human Services

 

 

Certified to the Secretary of State July 25, 2016.