As used in this chapter, the following definitions apply:

(1) "Authorization of Services" 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) "Certification Plan" 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) "Child care" means care provided at a licensed or registered child care facility or by a certified provider, for a child less than 13 years of age or person less than 18 years of age with special needs or a person who is 18 years of age and who is a full-time student expected to complete an educational program by 19 years of age. The terms "child care" and "day care" have the same meaning and are used interchangeably in this subchapter.

(4) "Child care assistance" means payment made to a child care provider on behalf of a parent or guardian for child care.

(5) "Child care facility" means a licensed child care center, a registered group child care home, a registered family child care home, or a certified provider home.

(6) "Child care resource and referral agency" or "resource and referral agency" means an agent of the department authorized to determine eligibility for benefits, process payment to providers, and carry out other functions as authorized by the department.

(7) "Child with special needs" means a child under 18 years of age, or a person who is 18 years of age and who is a full-time student expected to complete an educational program by 19 years of age, who requires additional assistance because of an emotional or physical disability, a cognitive delay, or both 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) "Federal poverty guidelines (FPG)" or "Federal Poverty Level (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) "Full-time child care" means care certified for 30 or more hours per week on a regular basis.

(13) "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.

(14) "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.

(15) "Intentional program violation (IPV)" means conduct by a parent or provider described in ARM 37.80.506.

(16) "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.

(17) "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 will 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 will be counted as monthly income, and such child support will 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) educational loans, scholarships, and grants;

(b) earned income tax credit;

(c) tribal per capita payments;

(d) independent living INC payments for youth;

(e) foster care support services;

(f) food stamp benefits;

(g) a minor's earned income, if attending high school or a GED-type program; and

(h) supplemental security income (SSI) payments.

(18) "Overpayment" means a payment of child care assistance to a parent or provider, by the department or its agent, that is greater than the amount the parent or provider is properly authorized to receive by federal or state law. An overpayment may result from the intentional or unintentional action of a parent, guardian, provider, department, or department's agent.

(19) "Parent" or "parent or guardian" means:

(a) a biological or adoptive parent of a child;

(b) a foster parent;

(c) a guardian generally authorized to act as the child's parent;

(d) an individual acting in the place of a biological or adoptive parent, including a grandparent, stepparent, or other relative with whom the child lives; or

(e) an individual who is legally responsible for the child's welfare.

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

(21) "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.

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