As used in this chapter, the following definitions apply:

(1) "Abuse/misuse of funds" means administrative violations of departmental, agency, or program regulations, which impair the effective and efficient execution of programs. These violations may result in losses or they may result in denial or reduction in lawfully authorized benefits to participants.

(2) "Certification plan" means a notice issued by the child care resource and referral agency which authorizes child care assistance and specifies the number of children for whom child care assistance is authorized, the number of hours per week for which assistance is authorized, the number of months for which authorization is granted, the name of the child care provider, and the amount of the monthly copayment which the parent must pay to the provider. Certification plans are subject to change based on circumstances affecting eligibility or the provision of child care assistance.

(3) "Child care" means supplemental parental care as defined in ARM 37.95.102 provided by either a child care facility or by a legally unregistered provider, for a child:

(a) from birth through the day prior to the 13th birthday;

(b) who is a child with special needs; or

(c) who is under the age of 19 and under the supervision of a court.

(4) "Child care facility" has the same meaning as the term "day care facility" as defined in ARM 37.95.102.

(5) Child Care Manual means the Montana Child Care Manual incorporated by reference in ARM 37.80.101.

(6) "Child care resource and referral agency" or "resource and referral agency" means the entity or organization with which the department contracts to administer the child care assistance program, including determination of eligibility for benefits, certification of providers to receive payments, and the payment of providers.

(7) "Child with special needs" means a child who is age 18 or younger who requires additional assistance because of an emotional or physical disability and/or cognitive delay that is verified by medical records or other appropriate documentation.

(8) "Children from the same household" means children who are of the same sibling group.

(9) "Copayment" means the portion of child care expenses which the parent is responsible for paying in accordance with the sliding scale established in ARM 37.80.202.

(10) "Department" means the Department of Public Health and Human Services.

(11) "Express eligibility" means the procedure used to determine income eligibility for Supplemental Nutrition Assistance Program (SNAP) participants who apply for the Best Beginnings Child Care Scholarship program.

(12) "Federal poverty guidelines (FPG)" means the poverty guidelines published annually by the U.S. Department of Health and Human Services based on information compiled by the U.S. Bureau of the Census. The department adopts and incorporates by reference the federal poverty guidelines published at 69 FR 7336 on February 13, 2004 and updates are issued on an annual basis. The guidelines define the income levels for families that the federal government considers to be living in poverty. 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.

(13) "Fraud" means a legal term which encompasses the intentional, wrongful obtaining of either money or some other advantage or benefit from government programs or commercial operations. Fraud includes theft, embezzlement, false statements, illegal commissions, kickbacks, conspiracies, obtaining contracts through collusive arrangements, and similar devices.

(14) "Full-time child care" means care certified for 30 or more hours per week on a regular basis, as regular basis is defined in ARM 37.95.102.

(15) "Full-time field experience and class time" means 30 hours per week combined of field experience and class time accrued by a postsecondary education student, not including home study time.

(16) "Household size" means the number of household members including the parents, as the term is defined in this chapter, and the children of the parents, but not including adults living in the household other than the parents, unless the income of such adults is counted in computing the household's monthly income under this chapter.

(17) "Individual with a disability" means a person with a physical, mental, or emotional defect, illness, or impairment diagnosed by a licensed physician, psychiatrist, or psychologist which is sufficiently serious as to eliminate or substantially reduce the individual's ability to obtain and retain employment for a period expected to last at least 30 calendar days.

(18) "In loco parentis" means a person who lives with the child and has assumed the care and control of the child.

(19) "Legally certified provider" means a person providing child care under this chapter, or under any child care program administered by the department allowing for legally certified providers, who is not required to be registered or licensed as a child care facility and is not a preschool or drop-in facility, including providers whose child care services are provided in the home of the parents.

(a) A legally certified provider certified under this chapter, or under any child care program administered by the department allowing for participation of legally certified providers, 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.

(20) "Monthly income" means gross monthly income of the parent or parents residing with the child and the income of adults in the household who are included in the calculation of household size as provided in ARM 37.80.202. The income of a parent not residing with the child shall be counted as monthly income under this chapter only in cases where such parent's income is available to support the household of the child. Any child support provided by a parent not residing with the child to the household of such child shall be counted as monthly income, and such child support shall be deemed to constitute the extent to which the nonresidential parent's income is available to the household. The following sources of income are the only sources that will not be counted in determining gross monthly income:

(a) Pell grants;

(b) national merit scholarships;

(c) Carl Perkins federal scholarships;

(d) state student incentive grants;

(e) national direct student loan program funds;

(f) guaranteed student loan program, section 502 funds;

(g) congressional teachers scholarships;

(h) nursing student loans;

(i) other needs-based scholarships;

(j) earned income tax credit;

(k) tribal per capita payments;

(l) independent living INC payments for youth;

(m) foster care support services;

(n) food stamp benefits;

(o) a minor's earned income, if attending secondary education;

(p) supplemental security income (SSI) payments; and

(q) secondary or postsecondary education scholarships.

(21) "Parent" means the birth or adoptive parent, legal guardian, or other person acting in loco parentis.

(22) "Provider" means both legally certified and legally certified-in-home providers, and licensees and registrants of other child care facilities.

(23) "Short-term emergency" means a break in employment which does not exceed three months and which is caused by an unforeseen medical condition of a parent or a child, excluding a normal pregnancy or normal delivery of a child.

(24) "Special circumstances" means those circumstances that might influence equal access or cultural challenges that, if not granted, would interfere with continuity of care for children.

(25) "Teen parent" means a parent who is attending high school, GED courses, or an equivalency program and has not yet attained the age of 20 years.

(26) "Training" means vocational or educational training meeting the requirements of this chapter.