reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.05 - ALLEGED MEDICAL NEGLECT OF DISABLED INFANTS › Section 16.06.05.000 - LEGAL AUTHORITY

Current through August 31, 2023
The legal authority for promulgation of these rules is in
				accordance with the following provisions: (3-17-22)
01.
Federal Authority
. Federal
			 authority for promulgation of rules governing activities involving alleged
			 medical neglect of disabled infants in health care settings is provided in
			 42 USC
			 5101 et seq., the federal "Child Abuse
			 Prevention and Treatment Act." (3-17-22)
02.
State Authority
. State
			 authority is provided in: (3-17-22)
a.
			 Section 56-202(b), Idaho
			 Code, which requires the Director to promulgate, adopt, and enforce such rules,
			 regulations, and methods of administration as may be necessary and proper to
			 carry out the provisions of the Public Assistance Law, Section
			 56-201 et seq., Idaho Code,
			 including services for children in accordance with Section
			 56-204A, Idaho Code, except where
			 such authority is granted to the Board; and (3-17-22)
b. Section
			 16-1623, Idaho Code, which
			 empowers the Department to do all things reasonably necessary to carry out the
			 purpose of the "Child Protective Act." (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.05 - ALLEGED MEDICAL NEGLECT OF DISABLED INFANTS › Section 16.06.05.001 - TITLE, SCOPE, AND PURPOSE

Current through August 31, 2023
01.
Title
. These rules are titled IDAPA 16.06.05, "Alleged Medical Neglect
			 of Disabled Infants." (3-17-22)
02.
Scope
. These rules are established to ensure protection of, and
			 attention to, the needs of infants in health care facilities throughout the
			 state who have been continuously hospitalized since birth, who were born
			 extremely prematurely, or who have a long-term disability. (3-17-22)
03.
Purpose
. The purpose of
			 these rules is to ensure coordinated response to reports of alleged medical
			 neglect of infants who are in health care facilities throughout the state and
			 who have been continuously hospitalized since birth, who were born extremely
			 prematurely, or who have a long-term disability. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.05 - ALLEGED MEDICAL NEGLECT OF DISABLED INFANTS › Section 16.06.05.015 - COMMUNICATION WITH HEALTH CARE FACILITIES

Current through August 31, 2023
01.
Annual
			 Check of Health Care Facilities
. Regional FACS managers or their
			 designees will make an annual check by October 1st each year of health care
			 facilities in their regions to obtain: (3-17-22)
a. The name, address, and telephone number of
			 the health care facility designated contact person; or (3-17-22)
b. If no individual is appointed the
			 designated contact person, the name, address, and telephone number of the
			 health care facility or hospital administrator. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.05 - ALLEGED MEDICAL NEGLECT OF DISABLED INFANTS › Section 16.06.05.020 - INVESTIGATIONS OF ALLEGED MEDICAL NEGLECT OR WITHHOLDING OF MEDICALLY INDICATED TREATMENT FROM DISABLED INFANTS WITH LIFE-THREATENING CONDITIONS

Current through August 31, 2023
01.
Reports of Suspected Medical
			 Neglect
. The Department must receive notification from health care
			 facility and hospital contact persons and administrators, and from any other
			 individual reporting in accordance with provisions of the Child Protective Act,
			 Section 16-1601 et seq., Idaho Code, of
			 cases of suspected medical neglect, including instances of withholding of
			 medically indicated treatment from disabled infants with life-threatening
			 conditions. (3-17-22)
a. Reports of suspected
			 medical neglect must be received during regular office hours at any office of
			 the Department. (3-17-22)
b. After
			 regular business hours, weekends, or holidays, reports must be received through
			 the twenty-four (24) hour child abuse and neglect reporting "hot-line" numbers
			 in the local telephone directories. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.05 - ALLEGED MEDICAL NEGLECT OF DISABLED INFANTS › Section 16.06.05.021 - REVIEW OF ALLEGED MEDICAL NEGLECT OR WITHHOLDING OF MEDICALLY INDICATED TREATMENT FROM DISABLED INFANTS WITH LIFE-THREATENING CONDITIONS

Current through August 31, 2023
01.
Regional Committee Review
. A
			 regional committee must consist of the Department's regional director, the
			 Regional FACS manager or family services worker, and the pediatric consultant,
			 the Department's Bureau of Maternal and Child Health, or designee. (3-17-22)
a. The pediatric consultant or designee must
			 immediately inform the regional committee of the determination made in
			 accordance with Subsection
			 020.05.c. of these rules.
			 (3-17-22)
b. If the pediatric
			 consultant or designee determined that indicated medical treatment is being
			 withheld, the regional committee must attempt to resolve the matter informally,
			 if possible, in an expeditious manner. (3-17-22)
c. The regional committee must ensure that
			 the parents of the infant are fully informed of: (3-17-22)
i. The existence and function of any infant
			 care review committee, chaplain services, or other counseling services within
			 the health care facility or hospital; and (3-17-22)
ii. The existence, function, and opportunity
			 to consult with parent support groups or other organizations that include
			 parents of children with disabilities. (3-17-22)
d. If resolution is possible and the infant
			 receives necessary treatment, the matter will not be referred for any further
			 legal action. (3-17-22)
i. The Department's
			 regional director will verbally notify the administrator of the Division of
			 FACS or the chief of the Bureau of Family Services, the health care facility or
			 hospital contact person or administrator, the attending physician, the
			 individual who reported the concern, and the parents of the infant that no
			 legal action will be taken by the Department. (3-17-22)
ii. The Department's regional director will
			 provide written confirmation that no legal action will be taken by the
			 Department within five (5) working days to the health care facility or hospital
			 contact person or administrator. (3-17-22)
e. If informal resolution is not possible,
			 the regional director will notify the administrator of the Division of FACS or
			 the chief of the Bureau of Family Services of the concern within four (4) hours
			 of the receipt of the report. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.05 - ALLEGED MEDICAL NEGLECT OF DISABLED INFANTS › Section 16.06.05.022 - CONTINUING CONSULTATION AND INVESTIGATION

Current through August 31, 2023
01.
Further Consultation and Investigation
. At any time during the
			 decision-making or resolution process, as deemed appropriate and as time and
			 agency resources permit, the pediatric consultant or designee, the regional
			 committee, or the central office committee may seek additional information or
			 technical assistance from the physician, health care facility or hospital
			 contact person or administrator, any treatment review committee, the parents of
			 the infant, or other persons or agencies. (3-17-22)
a. If any independent medical examination is
			 necessary, the family services worker will seek voluntary compliance for such
			 an examination. (3-17-22)
b. If
			 consent to an independent medical examination is not expeditiously provided,
			 the family services worker will contact the county prosecuting attorney or a
			 deputy attorney general to initiate legal proceedings to obtain an order under
			 the "Child Protective Act," or other applicable law mandating such examination.
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.05 - ALLEGED MEDICAL NEGLECT OF DISABLED INFANTS › Section 16.06.05.023 - RESPONSIBILITIES OF THE DEPARTMENT RELEVANT TO INFANTS WITH LIFETHREATENING CONDITIONS

Current through August 31, 2023
01.
Report to
			 the Court
. The family services worker must prepare and submit a written
			 report of investigation that may be ordered by the court on the matter under
			 Section 16-1609, Idaho Code. The report
			 must include copies of the medical information obtained regarding the matter.
			 (3-17-22)
02.
Case
			 Staffing
. If legal custody of the infant is granted to the Department,
			 the family services worker, the Regional FACS manager, the regional director,
			 the pediatric consultant for the Bureau of Maternal and Child Health, the chief
			 of the Bureau of Family Services, the chief of the Bureau of Developmental
			 Disabilities, the administrator of the Division of FACS, a deputy attorney
			 general, the parents of the infant, and other individuals deemed appropriate
			 will: (3-17-22)
a. Staff the case in person
			 or through telephone conference call; and (3-17-22)
b. Develop a service plan within ten (10)
			 days of adjudication. The staffing may be conducted by telephone.
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.12 - IDAHO CHILD CARE PROGRAM (ICCP) › Section 16.06.12.000 - LEGAL AUTHORITY

Current through August 31, 2023
Under Section
				56-202, Idaho Code, the Director
				of the Department of Health and Welfare is authorized to promulgate, adopt, and
				enforce rules for the administration of public assistance programs.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.12 - IDAHO CHILD CARE PROGRAM (ICCP) › Section 16.06.12.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. These rules are titled IDAPA 16.06.12, "Idaho Child Care
			 Program (ICCP)." (3-17-22)
02.
Scope
. These rules provide the requirements for determining
			 participant and provider eligibility for the Idaho Child Care Program (ICCP)
			 and issuing child care benefit payments. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.12 - IDAHO CHILD CARE PROGRAM (ICCP) › Section 16.06.12.008 - AUDIT, INVESTIGATION AND ENFORCEMENT

Current through August 31, 2023
In addition to any actions specified in these rules, the
				Department may audit, investigate and take enforcement action under the
				provisions of IDAPA 16.05.07, "Investigation and Enforcement of Fraud, Abuse or
				Misconduct." (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.12 - IDAHO CHILD CARE PROGRAM (ICCP) › Section 16.06.12.009 - CRIMINAL HISTORY AND BACKGROUND CHECK REQUIREMENTS

Current through August 31, 2023
01.
Compliance with Department Criminal
			 History and Background Check
. Criminal history and background checks are
			 required for ICCP providers. Providers who are required to have a criminal
			 history check must comply with IDAPA 16.05.06, "Criminal History and Background
			 Checks." (3-17-22)
02.
ICCP
			 Provider is Approved
. The ICCP provider must have completed a criminal
			 history and background check, and received a clearance, prior to becoming an
			 ICCP provider. (3-17-22)
03.
Availability to Work or Provide Service
. (3-17-22)
a. Those individuals licensed or certified by
			 the Department are not available to provide services or receive licensure or
			 certification until the criminal history and background check is completed and
			 a clearance issued by the Department. (3-17-22)
b. Individuals living in the home who have
			 direct contact with children are allowed contact after the criminal history
			 application and self-disclosure is completed as provided in Section
			 56-1004A, Idaho Code, except when
			 they have disclosed a disqualifying crime listed in IDAPA 16.05.06, "Criminal
			 History and Background Checks." (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.12 - IDAHO CHILD CARE PROGRAM (ICCP) › Section 16.06.12.011 - DEFINITIONS AND ABBREVIATIONS - M THROUGH Z

Current through August 31, 2023
The following definitions and abbreviations apply to this
				chapter of rules: (3-17-22)
01.
Managing Employee
. A general manager, business manager,
			 administrator, director, or other individual who exercises operational or
			 managerial control over, or who directly or indirectly conducts the day-to-day
			 operation of an organization or entity. (3-17-22)
02.
Minor Parent
. A parent under
			 the age of eighteen (18). (3-17-22)
03.
Non-Recurring Lump Sum
			 Income
. Income received by a family in a single payment, not expected to
			 be available to the family again. (3-17-22)
04.
Parent
. A person responsible
			 for a child because of birth, adoption, marriage, legal guardianship, foster
			 care; or a person acting in loco parentis. (3-17-22)
05.
Preventive Services
.
			 Services needed to reduce or eliminate the need for protective intervention.
			 Preventive services permit families to participate in activities designed to
			 reduce or eliminate the need for out-of-home placement of a child by the
			 Department. (3-17-22)
06.
Prospective Income
. Income a family expects to receive within a
			 given time. This can be earned or unearned income. (3-17-22)
07.
Provider
. An individual,
			 organization, agency, or other entity providing child care. (3-17-22)
08.
Relative Provider
.
			 Grandparent, great-grandparent, aunt, uncle, or adult sibling by blood or
			 current marriage who provides child care. (3-17-22)
09.
SSI
. Supplemental Security
			 Income. (3-17-22)
10.
Special
			 Needs
. Any child with physical, mental, emotional, behavioral
			 disabilities, or developmental delays identified on an Individual Education
			 Plan (IEP) or an Individualized Family Service Plan (IFSP). (3-17-22)
11.
State Median Income (SMI)
.
			 State Median Income Estimates in the Code of Federal Regulations are available
			 on the U.S. Government Publishing Office website at
https://www.gpo.gov/fdsys
.
			 (3-17-22)
12.
TAFI
.
			 Temporary Assistance for Families in Idaho. (3-17-22)
13.
Unearned Income
. Unearned
			 income includes retirement, interest child support, and any income received
			 from a source other than employment or self-employment. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.12 - IDAHO CHILD CARE PROGRAM (ICCP) › APPLICATION REQUIREMENTS › Section 16.06.12.050 - ICCP APPLICATION FOR BENEFITS

Current through August 31, 2023
A family applying for child care benefits must submit a
				  completed and signed application to the Department. (3-17-22)
01.
Application Received
. The
				Department will date stamp the application on the day the application is
				received. The applicant has thirty (30) days from the date the application is
				received by the Department to complete the application process by providing all
				required verifications. (3-17-22)
02.
New Application Required
. A
				new application is required if all requested verification is not provided
				within thirty (30) days from the date the application was received by the
				Department. The time limit can be extended by the Department for events beyond
				the Department's control. (3-17-22)
03.
Notification
. The Department
				will act on applications for child care benefits within thirty (30) days of
				receipt. The applicant will be notified in writing of the approval or denial of
				the application and of the applicant's right to appeal. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.12 - IDAHO CHILD CARE PROGRAM (ICCP) › APPLICATION REQUIREMENTS › Section 16.06.12.051 - SIGNATURES

Current through August 31, 2023
An individual who is applying for benefits, receiving
				  benefits, or providing additional information as required by this chapter, may
				  do so with the depiction of the individual's name either handwritten,
				  electronic, or recorded telephonically. Such signature serves as intention to
				  execute or adopt the sound, symbol, or process for the purpose of signing the
				  related record. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.12 - IDAHO CHILD CARE PROGRAM (ICCP) › FINANCIAL CRITERIA FOR ICCP ELIGIBILITY › Section 16.06.12.070 - INCOME LIMITS

Current through August 31, 2023
To be eligible for child care assistance, a family's
				  countable income must meet the following using the published Federal Poverty
				  Guidelines (FPG) available on the U.S. Health and Human Services website at
http://aspe.hhs.gov/poverty
.
				  (4-6-23)
01.
Income at
				Application
. When applying, a family's income cannot exceed one hundred
				seventy-five percent(175%) of FPG for a family of the same size.
				(4-6-23)
02.
Income During
				Eligibility Period
. During the eligibility period, when a family's
				countable income exceeds eighty-five percent (85%) of the State Median Income
				(SMI) for a family of the same size, the family becomes ineligible for child
				care assistance. (3-17-22)
03.
Income at Redetermination
. At redetermination, if a family's
				income exceeds one hundred seventy-five percent (175%) of FPG for a family of
				the same size, the family may be eligible to receive a graduated phase out of
				child care assistance. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.12 - IDAHO CHILD CARE PROGRAM (ICCP) › FINANCIAL CRITERIA FOR ICCP ELIGIBILITY › Section 16.06.12.071 - COUNTABLE INCOME

Current through August 31, 2023
All gross earned and unearned income is counted in
				  determining eligibility and the child care benefit amount, unless specifically
				  excluded under Section
				  072 of these rules.
				  (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.12 - IDAHO CHILD CARE PROGRAM (ICCP) › FINANCIAL CRITERIA FOR ICCP ELIGIBILITY › Section 16.06.12.072 - EXCLUDED INCOME

Current through August 31, 2023
The following sources of income are not counted as family
				  income. (3-17-22)
01.
Earned
				Income of a Dependent Child
. Income earned by a dependent child under
				age eighteen (18) is not counted, unless the child is a parent who is seeking
				or receiving child care benefits. (3-17-22)
02.
Income Received for Person Not
				Residing With the Family
. Income received on behalf of a person who is
				not living in the home. (3-17-22)
03.
Educational Funds
. All
				educational funds including grants, scholarships, an AmeriCorps Education
				Award, and federal and state work-study income. (3-17-22)
04.
Assistance
. Assistance to
				meet a specific need from other organizations and agencies. (3-17-22)
05.
Lump Sum Income
.
				Non-recurring lump sum income is excluded. (3-17-22)
06.
Loans
. A loan is money
				received that is to be repaid. (3-17-22)
07.
TAFI and AABD Benefits
.
				(3-17-22)
08.
Foster Care
				Payments
. (3-17-22)
09.
AmeriCorps/VISTA Volunteers
. Living allowances, wages and stipends
				paid to AmeriCorps or VISTA volunteers under 42 U.C.S. 5044,
				P.L.
				93-113, Title IV, Section
				404(g)  are
				excluded as income. (3-17-22)
10.
Income Tax Refunds and Earned Income Tax Credits
. Income tax
				refunds and earned income tax credits are excluded as income.
				(3-17-22)
11.
Travel
				Reimbursements
. Reimbursements from employers for work-related travel.
				(3-17-22)
12.
Tribal
				Income
. Income received from a tribe for any purpose other than direct
				wages. (3-17-22)
13.
Foster
				Parents' Income
. Income of licensed foster parents is excluded when
				determining eligibility for a foster child. Income is counted when determining
				eligibility for the foster parent's own child(ren). (3-17-22)
14.
Adoption Assistance
.
				Adoption assistance payments are excluded from income. (3-17-22)
15.
Temporary Census Income
. All
				wages paid by the Census Bureau for temporary employment related to U.S. Census
				activities are excluded for a time period not to exceed six (6) months during
				the regularly scheduled ten-year U.S. Census. (3-17-22)
16.
Office of Refugee Resettlement
				Assistance
. (3-17-22)
17.
Workforce Investment Act (WIA) Benefits or Workforce Innovation and
				Opportunity Act (WIOA) Benefits
. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.12 - IDAHO CHILD CARE PROGRAM (ICCP) › FINANCIAL CRITERIA FOR ICCP ELIGIBILITY › Section 16.06.12.073 - INCOME DEDUCTIONS

Current through August 31, 2023
Court-ordered child support payments made by a parent who
				  receives child care benefits are deducted from income when determining
				  eligibility. The actual amount paid and the amount of the legal obligation for
				  child support must be verified. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.12 - IDAHO CHILD CARE PROGRAM (ICCP) › FINANCIAL CRITERIA FOR ICCP ELIGIBILITY › Section 16.06.12.074 - AVERAGING SELF-EMPLOYMENT INCOME

Current through August 31, 2023
01.
Annual
				Self-Employment Income
. When self-employment income is considered annual
				support by the household, the Department averages the self-employment income
				over a twelve-month (12) period, even if: (3-17-22)
a. The income is received over a shorter
				period of time than twelve (12) months; and (3-17-22)
b. The household receives income from other
				sources in addition to self-employment. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.12 - IDAHO CHILD CARE PROGRAM (ICCP) › FINANCIAL CRITERIA FOR ICCP ELIGIBILITY › Section 16.06.12.075 - CALCULATION OF SELF-EMPLOYMENT INCOME

Current through August 31, 2023
The Department calculates self-employment income by adding
				  monthly income to capital gains and subtracting a deduction for expenses as
				  determined in Subsection
				  075.03 of this rule.
				  (3-17-22)
01.
How Monthly Income
				is Determined
. If no income fluctuations are expected, the average
				monthly income amount is projected for the certification period. If past income
				does not reflect expected future income, a proportionate adjustment is made to
				the expected monthly income. (3-17-22)
02.
Capital Gains Income
.
				Capital gains include profit from the sale or transfer of capital assets used
				in self-employment. The Department calculates capital gains using the federal
				income tax method. If the household expects to receive any capital gains income
				from self-employment assets during the certification period, this amount is
				added to the monthly income as determined in Subsection
				075.01 of this rule to determine
				the gross monthly income. (3-17-22)
03.
Self-Employment Expense
				Deduction
. The Department uses the standard self-employment deduction in
				Subsection 075.03.a. of this rule, unless
				the applicant claims that their actual allowable expenses exceed the standard
				deduction and provides proof of the expenses described in Subsection
				075.03.b. of this rule.
				(3-17-22)
a. The self-employment standard
				deduction is determined by subtracting fifty percent (50%) of the gross monthly
				self-employment income as determined in Subsections
				075.01 and
				075.02 of this rule; or
				(3-17-22)
b. The self-employment
				actual expense deduction is determined by subtracting the actual allowable
				expenses from the gross monthly self-employment income. The following items are
				not allowable expenses and may not be subtracted from the gross monthly
				self-employment income: (3-17-22)
i. Net
				losses from previous tax years; (3-17-22)
ii. Federal, state, and local income taxes;
				(3-17-22)
iii. Money set aside for
				retirement; (3-17-22)
iv.
				Work-related personal expenses such as transportation to and from work; and
				(3-17-22)
v. Depreciation.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.12 - IDAHO CHILD CARE PROGRAM (ICCP) › FINANCIAL CRITERIA FOR ICCP ELIGIBILITY › Section 16.06.12.076 - PROJECTING MONTHLY INCOME

Current through August 31, 2023
Income is projected for each month. Past income may be used
				  to project future income. Changes expected during the certification period will
				  be considered. Criteria for projecting monthly income is listed below:
				  (3-17-22)
01.
Income Already
				Received
. Count income already received by the household during the
				month. If the actual amount of income from any pay period is known, use the
				actual pay period amounts to determine the total month's income. Convert the
				actual income to a monthly amount if a full month's income has been received or
				is expected to be received. If no changes are expected, use the known actual
				pay period amounts for the past thirty (30) days to project future income.
				(3-17-22)
02.
Anticipated
				Income
. Count income the household and the Department believe the
				household will get during the remainder of the certification period. If the
				income has not changed and no changes are anticipated, use the income received
				in the past thirty (30) days as one indicator of anticipated income. If changes
				in income have occurred or are anticipated, past income cannot be used as an
				indicator of anticipated income. If income changes and income received in the
				past thirty (30) days does not reflect anticipated income, the Department can
				use the household income received over a longer period to anticipate income. If
				income changes seasonally, the Department can use the household income from the
				last season, comparable to the certification period, to anticipate income.
				(3-17-22)
a. Full Month's Income. If income
				will be received for all regular pay dates in the month, it is considered a
				full month of income. (3-17-22)
b.
				If income will not be received for all regular pay dates in the month, it is
				not considered a full month of income and it is not converted.
				(3-17-22)
c. Income Paid on Salary.
				Income received on salary, rather than an hourly wage, is counted at the
				expected monthly salary rate. (3-17-22)
d. Income Paid at Hourly Rate. Compute
				anticipated income paid on an hourly basis by multiplying the hourly pay by the
				expected number of hours the client will work in the pay period. Convert the
				pay period amount to a monthly amount. (3-17-22)
e. Fluctuating Income. When income fluctuates
				each pay period and the rate of pay remains the same, average the income from
				the past thirty (30) days to determine the average pay period amount. Convert
				the average pay period amount to a monthly amount.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.12 - IDAHO CHILD CARE PROGRAM (ICCP) › FINANCIAL CRITERIA FOR ICCP ELIGIBILITY › Section 16.06.12.077 - CONVERTING INCOME TO A MONTHLY AMOUNT

Current through August 31, 2023
If a full month's income is expected, but is received on
				  other than a monthly basis, convert the income to a monthly amount using one of
				  the formulas below: (3-17-22)
01.
Weekly Amount
. Multiply weekly amounts by four point three (4.3).
				(3-17-22)
02.
Bi-Weekly
				Amount
. Multiply bi-weekly amounts by two point one five (2.15).
				(3-17-22)
03.
Semi-Monthly
				Amount
. Multiply semi-monthly amounts by two (2). (3-17-22)
04.
Monthly Amount
. Use the
				exact monthly income if it is expected for each month of the certification
				period. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.12 - IDAHO CHILD CARE PROGRAM (ICCP) › FINANCIAL CRITERIA FOR ICCP ELIGIBILITY › Section 16.06.12.078 - ASSET CAP

Current through August 31, 2023
A family must not be in possession of assets exceeding one
				  million dollars ($1,000,000). (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.12 - IDAHO CHILD CARE PROGRAM (ICCP) › NON-FINANCIAL CRITERIA › Section 16.06.12.101 - PARENTAL CHOICE OF CHILD CARE PROVIDER

Current through August 31, 2023
Eligible parents may choose among the following types of
				  child care providers available under ICCP: (3-17-22)
01.
Child Care Center
. A child
				care center cares for thirteen (13) or more children. (3-17-22)
02.
Group Child Care
. Group
				child care is for seven (7) to twelve (12) children. (3-17-22)
03.
Family Child Care
. Family
				child care is for six (6) or fewer children. (3-17-22)
04.
Relative Child Care
.
				Relative child care is for six (6) or fewer related children.
				(3-17-22)
05.
In-Home Child
				Care
. In-home child care is provided by a relative or non-relative in
				the home of the child. Eligibility for in-home child care is determined in
				accordance with Section
				400 of these rules.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.12 - IDAHO CHILD CARE PROGRAM (ICCP) › NON-FINANCIAL CRITERIA › Section 16.06.12.102 - RESIDENCY

Current through August 31, 2023
The family must live in the state of Idaho, and have no
				  immediate intention of leaving. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.12 - IDAHO CHILD CARE PROGRAM (ICCP) › NON-FINANCIAL CRITERIA › Section 16.06.12.103 - COOPERATION IN ESTABLISHMENT OF PATERNITY AND OBTAINING SUPPORT

Current through August 31, 2023
A natural or adoptive parent, or other individual who lives
				  with and exercises parental control over a minor child who has an absent
				  parent, must cooperate in establishing paternity for the child and obtaining
				  child support at application and redetermination. (4-6-23)
01.
Providing All Information
.
				"Cooperation" includes providing all information to identify and locate the
				non-custodial parent, unless good cause for non-cooperation exists.
				(3-17-22)
02.
Established
				Case for Custodial Parent
. After Child Support Services (CSS) has
				established a case for a custodial parent, all child support payments must be
				sent directly to CSS. If the custodial parent receives child support directly
				from the non-custodial parent, the custodial parent must forward the payment to
				CSS for receipting. (4-6-23)
03.
Failure to Cooperate
. (3-17-22)
a. This includes failure to complete the
				non-custodial or alleged parent information or filiation affidavit as
				requested, failure to sign the limited power of attorney, or evidence of
				failure to cooperate provided by CSS. (4-6-23)
b. When a parent or individual fails to
				cooperate the family is not eligible to participate in the Idaho Child Care
				Program. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.12 - IDAHO CHILD CARE PROGRAM (ICCP) › NON-FINANCIAL CRITERIA › Section 16.06.12.104 - FAMILY COMPOSITION

Current through August 31, 2023
A family is a group of individuals living in a common
				  residence, whose combined income is considered in determining eligibility and
				  the child care benefit amount. No individual may be considered a member of more
				  than one (1) family in the same month. The following individuals are included
				  in determining the family composition: (3-17-22)
01.
Married Parents
. Married
				parents living together in a common residence, includes biological, adoptive,
				step-parent, guardian, and foster parent. (3-17-22)
02.
Unmarried Parents
. Unmarried
				parents who live in the same home and who have a child in common living with
				them. (3-17-22)
03.
Dependents
. Individuals who are dependents of a parent, guardian,
				or caretaker relative and living in the home at the primary residence.
				(3-17-22)
04.
Minor
				Parent
. A minor parent and child are considered a separate family when
				they apply for child care benefits, even if they live with other relatives.
				(3-17-22)
05.
Individual
				Acting In Loco Parentis
. An individual acting in loco parentis who is
				eligible to apply for child care benefits, and the child's natural or adoptive
				parents are not living in the home. (3-17-22)
06.
Citizenship or Alien Status
				Requirement
. Family members who are not citizens or living lawfully in
				the United States will not be counted in the family size. The income of those
				non-counted family members will be counted when determining the household's
				income according to Sections
				070 through
				099 of these rules.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.12 - IDAHO CHILD CARE PROGRAM (ICCP) › NON-FINANCIAL CRITERIA › Section 16.06.12.105 - ELIGIBLE CHILD

Current through August 31, 2023
A family can only receive child care benefits for eligible
				  children. A child is eligible for child care benefits under the following
				  conditions: (3-17-22)
01.
Immunizations Requirements
. A child must be immunized in
				accordance with IDAPA 16.02.11, "Immunization Requirements for Licensed Daycare
				Facility Attendees." Child care benefits can continue during a reasonable
				period necessary for the child to be immunized. Parents must provide evidence
				that the child has been immunized unless the child is attending school.
				(3-17-22)
02.
Citizenship or
				Alien Status Requirement
. A child must be one (1) of the following:
				(3-17-22)
a. A citizen; (3-17-22)
b. Living lawfully in the United States.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.12 - IDAHO CHILD CARE PROGRAM (ICCP) › NON-FINANCIAL CRITERIA › Section 16.06.12.106 - INCAPACITATED PARENT

Current through August 31, 2023
An incapacitated parent, unable to adequately care for the
				  children in a two (2) parent family, is not required to have any qualifying
				  activities as listed under Section
				  200 of these rules, as long as the
				  other parent is participating in qualifying activities. A single parent family
				  in which the parent is incapacitated is not eligible for ICCP. A parent with a
				  disability does not automatically qualify as an incapacitated parent.
				  (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.12 - IDAHO CHILD CARE PROGRAM (ICCP) › QUALIFYING ACTIVITIES › Section 16.06.12.200 - QUALIFYING ACTIVITIES FOR CHILD CARE BENEFITS

Current through August 31, 2023
To be eligible for child care benefits, each parent included
				  in the household must need child care because they are engaged in one (1) of
				  the qualifying activities listed in Subsections
				  200.01 through
				  200.05 of this rule.
				  (3-17-22)
01.
Employment
.
				The parent is currently employed. (3-17-22)
02.
Self-Employment
. The parent
				is currently self-employed in a business that is a sole proprietorship. A sole
				proprietorship is a business owned by one (1) person. Restrictions apply for
				self-employment as follows: (3-17-22)
a. For
				the first twelve (12) months of self-employment benefits, actual activity hours
				are used. (3-17-22)
b. At month
				thirteen (13), the number of activity hours will be limited. To calculate the
				activity hours, the net monthly self-employment income is divided by the
				current federal minimum wage. The qualifying activity hours are the lesser of
				the calculated activity hours or actual activity hours.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.12 - IDAHO CHILD CARE PROGRAM (ICCP) › QUALIFYING ACTIVITIES › Section 16.06.12.201 - PROJECTING QUALIFYING ACTIVITY HOURS

Current through August 31, 2023
01.
Activity
				Hours
. Activity hours are projected for each month to determine if
				payment is made on a full-time or part-time basis. Past activity hours may be
				used to project future activity hours if the employer and number of hours
				worked are the same and are expected to remain the same throughout the
				certification period. Hours for each qualifying activity must be projected
				individually and converted to a monthly amount. (3-17-22)
01.
Weekly Hours
. Multiply
				weekly amounts by four point three (4.3). (3-17-22)
02.
Bi-weekly Hours
. Multiplying
				bi-weekly amounts by two point one five (2.15). (3-17-22)
03.
Semi-Monthly Hours
.
				Multiplying semi-monthly amounts by two (2). (3-17-22)
04.
Monthly Hours
. Use the exact
				monthly hours if it is expected for each month of the certification period.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.12 - IDAHO CHILD CARE PROGRAM (ICCP) › QUALIFYING ACTIVITIES › Section 16.06.12.202 - CESSATION OF QUALIFYING ACTIVITIES

Current through August 31, 2023
An eligible family who loses or ceases its qualifying
				  activity, may continue to receive assistance for up to three (3) months to
				  engage in a job search and resume work, or resume attendance at a job training
				  or educational program. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.12 - IDAHO CHILD CARE PROGRAM (ICCP) › QUALIFYING ACTIVITIES › Section 16.06.12.400 - REQUIREMENTS FOR IN-HOME CARE UNDER ICCP

Current through August 31, 2023
Parents must contact the Department to request approval of
				  in-home child care. Only parents who have qualified activities outside their
				  home will be considered for in-home care approval. The Department limits the
				  approval of all in-home child care under ICCP to the following circumstances:
				  (3-17-22)
01.
Three or More
				Children in the Home
. There are three (3) or more ICCP eligible children
				in the home who are not in school at any time during the day and require child
				care. (3-17-22)
02.
Fewer
				Than Three Children in the Home
. If there are fewer than three (3)
				children in the home who are eligible for ICCP and require child care, in-home
				care will be approved by the Department only when one (1) of the following
				special circumstances are met: (3-17-22)
a.
				Parents' qualifying activity occurs during times when out-of-home care is not
				available. If child care is needed during any period when out-of home care is
				not available, in-home care will be approved for the entire time care is
				needed. A family is not expected to change between out-of-home and in-home
				care. (3-17-22)
b. The family lives
				in an area where out-of-home care is not available. (3-17-22)
c. A child has a verified illness or
				disability that would place the child or other children in an out-of-home
				facility at risk. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.12 - IDAHO CHILD CARE PROGRAM (ICCP) › QUALIFYING ACTIVITIES › Section 16.06.12.401 - IN-HOME CARE HEALTH AND SAFETY REQUIREMENTS

Current through August 31, 2023
Annually
each in-home care provider is
				  responsible to ensure that health and safety requirements are met for children
				  being cared for in the children's own home, as defined in Section
				  802 of these rules.
				  (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.12 - IDAHO CHILD CARE PROGRAM (ICCP) › PAYMENT INFORMATION › Section 16.06.12.500 - ALLOWABLE CHILD CARE COSTS

Current through August 31, 2023
Care provided to an eligible child by an eligible child care
				  provider is payable subject to the following conditions: (3-17-22)
01.
Payment for Employment, Training,
				Education, or Preventive Service Hours
. Child care must be reasonably
				related to the hours of the parent's qualifying activities. (3-17-22)
02.
One-Time Registration Fees
.
				One-time fees for registering a child in a child care facility are payable
				above the local market rate, if the fee is charged to all who enroll in the
				facility. Reimbursement can not exceed two hundred fifty dollars ($250) and
				must be usual and customary rates charged to all families. Registration fees
				are separate from local market rates. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.12 - IDAHO CHILD CARE PROGRAM (ICCP) › PAYMENT INFORMATION › Section 16.06.12.501 - NON-ALLOWABLE CHILD CARE COSTS

Current through August 31, 2023
Care provided to an eligible child is not payable under the
				  following conditions: (3-17-22)
01.
Family Member or Guardian Providing Child Care
. A parent,
				step-parent, or guardian will not be paid for providing child care to their own
				child or ward. (3-17-22)
02.
Provider Living at Same Address as Child
. ICCP will not pay for
				in-home child care if the provider lives at the same address as the child.
				(3-17-22)
03.
School Tuition,
				Academic Credit, or Tutoring
. ICCP payments will not be made for school
				tuition, academic credit, or tutoring for school age children; this includes:
				(3-17-22)
a. Any services provided to such
				students during the regular school day, including kindergarten;
				(3-17-22)
b. Any services for which
				such students receive academic credit toward graduation; or (3-17-22)
c. Any instructional services which supplant
				or duplicate the academic program of any public or private school.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.12 - IDAHO CHILD CARE PROGRAM (ICCP) › PAYMENT INFORMATION › Section 16.06.12.502 - AMOUNT OF PAYMENT

Current through August 31, 2023
Child care payments will be based on Subsections
				  502.01 through
				  502.04 of this rule.
				  (3-17-22)
01.
Payment
				Rate
. Payment will be based on the lower of the provider's usual and
				customary rates or the Local Market Rate (LMR). (3-17-22)
a. The local market rates for child care are
				the maximum monthly amounts that ICCP will pay for any given category of child
				care in a geographic area designated by the Department. The local market rates
				for child care are established based on a comprehensive survey of child care
				providers. Using information gathered in the survey, including the age of
				child, the type of child care, and the designated area where the provider does
				business, a local market rate is specified for each category of child care. The
				rate survey is conducted triennially. (3-17-22)
b. Payment rates will be determined by the
				location of the child care facility. (3-17-22)
c. If the child care facility is not in
				Idaho, the local market rate will be the rate where the family lives.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.12 - IDAHO CHILD CARE PROGRAM (ICCP) › PAYMENT INFORMATION › Section 16.06.12.503 - COPAYMENTS

Current through August 31, 2023
Eligible families, except TAFI families participating in
				  non-employment TAFI activities and guardians of foster children, must pay part
				  of their child care costs. (4-6-23)
01.
Provider Responsibility
.
				Providers are responsible for ensuring families pay the determined child care
				costs and must not waive these costs. (4-6-23)
02.
Family Payment
. Family
				income and activity for the month of the child care will determine the family
				share of child care costs. The payment made by the Department will be the
				allowable local market rate or billed costs, whichever is lower, less the
				co-payment. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.12 - IDAHO CHILD CARE PROGRAM (ICCP) › PAYMENT INFORMATION › Section 16.06.12.504 - STUDENT CO-PAYMENT REQUIREMENTS

Current through August 31, 2023
01.
Post-Secondary Student
. (3-17-22)
a. A post-secondary student who works less
				than ten (10) hours per week will be required to pay a copayment.
				(3-17-22)
b. A post-secondary
				student who works ten (10) hours or more per week will have a co-payment based
				on family income. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.12 - IDAHO CHILD CARE PROGRAM (ICCP) › PAYMENT INFORMATION › Section 16.06.12.505 - INTERIM CHILD CARE PAYMENT

Current through August 31, 2023
If child care arrangements would otherwise be lost, child
				  care may be paid when a child temporarily stops attending child care for no
				  longer than (1) calendar month and plans to return. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.12 - IDAHO CHILD CARE PROGRAM (ICCP) › CHANGE REPORTING REQUIREMENTS FOR THOSE RECEIVING CHILD CARE BENEFITS › Section 16.06.12.600 - CHANGE REPORTING REQUIREMENTS

Current through August 31, 2023
A family who receives child care benefits must report the
				  following permanent changes by the tenth day of the month following the month
				  in which the change occurred. (3-17-22)
01.
Change in Permanent Address
.
				(3-17-22)
02.
Change in
				Household Composition
. (3-17-22)
03.
Change in Income
. When the
				household's total gross income for family of the same size exceeds any of the
				following: (3-17-22)
a. One hundred and thirty
				percent (130%) of the Federal Poverty Guidelines (FPG); (3-17-22)
b. Eighty-five percent (85%) of the State
				Median Income (SMI); or (3-17-22)
c. The graduated phase-out income limit as
				defined in the Idaho Child Care State Plan. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.12 - IDAHO CHILD CARE PROGRAM (ICCP) › CHANGE REPORTING REQUIREMENTS FOR THOSE RECEIVING CHILD CARE BENEFITS › Section 16.06.12.602 - REDETERMINATION OF ELIGIBILITY FOR CHILD CARE BENEFITS

Current through August 31, 2023
01.
Redetermination
. The Department will redetermine eligibility for
				child care benefits at least every twelve (12) months. (3-17-22)
02.
Graduated Phase Out
. At
				redetermination, if a household's income exceeds one hundred seventy-five
				percent (175%) of FPG for a family of the same size eligible children may
				receive a graduated phase out benefit that is limited to twelve (12) months
				following the completion of a redetermination under the Idaho Child Care State
				Plan. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.12 - IDAHO CHILD CARE PROGRAM (ICCP) › PAYMENT ADJUSTMENTS AND PENALTIES › Section 16.06.12.700 - UNDERPAYMENT OF CHILD CARE BENEFITS

Current through August 31, 2023
When the Department has underpaid a family's child care
				  benefits, a supplemental payment will be made. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.12 - IDAHO CHILD CARE PROGRAM (ICCP) › PAYMENT ADJUSTMENTS AND PENALTIES › Section 16.06.12.701 - RECOUPMENT OF OVERPAYMENTS

Current through August 31, 2023
The Department may recoup or recover the amount paid for
				  child care services from a provider or a parent. Interest will accrue on these
				  overpayments at the statutory rate set under Section
				  28-22-104, Idaho Code, from the
				  date of the final determination of the amount owed for services. Interest will
				  not accrue on overpayments made due to Department error. An overpayment due to
				  family, agency, or provider error, IPV or fraud must be recovered in full. A
				  parent or provider may negotiate a repayment schedule with the Department.
				  (3-17-22)