reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.2 - CHILD CARE SERVICES › Subchapter 1 - GENERAL PROVISIONS › Section 17-798.2-17 - Denial, reduction, suspension, or termination of child care

Current through June, 2024
(a) Child care payments may be denied,
				  reduced, suspended, or terminated when:
(1)
				  The caretaker does not complete the process of application/determination of
				  eligibility, or withdraws the application;
(2) The caretaker does not sign and date the
				  application form or simplified report form prescribed by the
				  department;
(3) The caretaker does
				  not submit a completed application form or simplified report form prescribed by
				  the department;
(4) The caretaker
				  does not submit verifying documentation requested by the department;
(5) The child does not meet the eligibility
				  requirements referenced in subsection
				  17-798.2-9(a);
(6) The caretaker does not meet the
				  eligibility requirements referenced in subsection
				  17-798.2-9(b);
(7) The provider does not meet the
				  eligibility requirements referenced in subsection
				  17-798.2-9(c);
(8) Conditions initially present in the
				  family unit situation have changed and child care is no longer
				  needed;
(9) The family unit has not
				  used authorized care;
(10) The
				  child has absences that are unexcused for more than five consecutive
				  days;
(11) The caretaker
				  voluntarily requests discontinuance of child care payments;
(12) The caretaker and the child are unable
				  to use child care and another service must be planned for;
(13) The family unit is no longer eligible
				  for child care payments;
(14) The
				  family unit cannot be located;
(15)
				  The family unit fails to complete the process of re-determination of
				  eligibility;
(16) The family unit
				  fails to utilize child care payments in accordance with section
				  17-798.2-5(c) 
				  and does not reconcile the resulting overpayments in accordance with section
				  17-798.2-20;
(17) The family unit's use of child care
				  services does not begin within thirty days of submittal of the application for
				  services; or
(18) The department
				  determines pursuant to section
				  17-798.2-21 that there are
				  insufficient funds to maintain all children receiving care.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.2 - CHILD CARE SERVICES › Subchapter 1 - GENERAL PROVISIONS › Section 17-798.2-18 - Notice of adverse action

Current through June, 2024
(a) The department
				  shall provide the family unit with timely and adequate notice prior to taking
				  adverse action to deny, reduce, suspend, or terminate any child care services
				  specified in this chapter.
(b) A
				  caretaker can submit verifying documentation for consideration by the
				  department to reverse the proposed department action prior to the effective
				  date of the action.
(c) Only
				  adequate notice is required when the following occurs:
(1) A caretaker is deceased;
(2) A caretaker left the State;
(3) A caretaker requests discontinuance of
				  child care payments;
(4) A
				  caretaker fails to comply with mandatory report requirements of section
				  17-798.2-15;
(5) A caretaker's whereabouts are unknown;
				  or
(6) The department determines
				  pursuant to section
				  17-798.2-21 that there are
				  insufficient funds to maintain all children receiving care.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.2 - CHILD CARE SERVICES › Subchapter 1 - GENERAL PROVISIONS › Section 17-798.2-19 - Administrative appeal requests

Current through June, 2024
(a) A family unit
				  may file a written request for an administrative appeal, in accordance with the
				  provisions set forth in chapter 17-602.1, when the family unit disagrees with
				  the department's adverse action to deny, reduce, suspend, or terminate payment,
				  or with the department's determination of an overpayment.
(b) Child care payments shall not continue
				  during the appeal process.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.2 - CHILD CARE SERVICES › Subchapter 1 - GENERAL PROVISIONS › Section 17-798.2-20 - Underpayments and overpayments

Current through June, 2024
(a) Underpayments
				  shall be processed as follows:
(1) Prompt
				  action shall be taken to correct any underpayment to a currently eligible
				  caretaker who would have received a greater benefit if an error by the
				  department had not occurred.
(2) If
				  a caretaker has both an overpayment and an underpayment, the overpayment and
				  underpayment shall be offset one against the other in correcting the
				  payment.
(3) Payments provided to
				  the caretaker to correct an underpayment shall not be counted as
				  income.
(4) Corrective payments
				  shall be made for any underpayment due a former recipient when child care
				  assistance is restored.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.2 - CHILD CARE SERVICES › Subchapter 1 - GENERAL PROVISIONS › Section 17-798.2-21 - Termination for insufficient funds

Current through June, 2024
(a) The department
				  may, at its discretion, refuse to take new applications, reduce benefits, or
				  terminate benefits when there are insufficient funds to pay child care payments
				  at current amounts through the end of the State fiscal year.
(b) Refusal to take new applications,
				  reducing benefits, or terminating benefits will first be accomplished in
				  reverse priority from what is listed in section
				  17-798.2-7. Priority will further
				  be determined within the categories set forth in section
				  17-798.2-7 by income, with higher
				  income family units terminated first.
(c) The budget will be managed by reviewing
				  monthly expenditures, and evaluating whether the cumulative expenditures at the
				  end of any given month are less then or equal to the number of months that have
				  expired in the fiscal year times 1/12 of the budget appropriation for child
				  care payments.
(d) When the
				  department determines that the budget appropriation has or soon will be
				  exceeded, notices of adverse action may be issued to limit the number of
				  children receiving subsidies in any given month or to take other necessary
				  action to operate within the child care budget appropriation. A decision under
				  this subsection shall be final and conclusive.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.2 - CHILD CARE SERVICES › Subchapter 2 - PRESCHOOL OPEN DOORS PROGRAM › Section 17-798.2-28 - Purpose

Current through June, 2024
Child care assistance under this subchapter shall be for
					 early childhood services that can contribute to school readiness by providing
					 up to a school year of experience in a preschool program prior to a child
					 entering junior kindergarten or kindergarten.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.2 - CHILD CARE SERVICES › Subchapter 2 - PRESCHOOL OPEN DOORS PROGRAM › Section 17-798.2-29 - General eligibility requirements

Current through June, 2024
(a) Child care
				  assistance for preschool may be provided under this subchapter depending upon
				  availability of funds. The family unit shall meet all the conditions described
				  in sections
				  17-798.2-6,
				  17-798.2-9(b)(1),
				  17-798.2-10,
				  17-798.2-11,
				  17-798.2-13, and
				  17-798.2-14.
(b) An eligible child shall meet the
				  following requirements:
(1) Must be four years
				  old by December 31 of the year applying for the program for the ensuing school
				  year, or
(2) Must be three years
				  old by December 31 of the year applying for the program for the ensuing school
				  year, have a special populations referral, and not qualify full-time for the
				  Department of Education (DOE) Special Education program.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.2 - CHILD CARE SERVICES › Subchapter 3 - TRANSITIONAL CHILD CARE PROGRAM › Section 17-798.2-34 - Purpose

Current through June, 2024
The purpose of this subchapter is to establish the
					 eligibility requirements, benefits, and method of determining payment for
					 transitional child care benefits.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.2 - CHILD CARE SERVICES › Subchapter 3 - TRANSITIONAL CHILD CARE PROGRAM › Section 17-798.2-35 - Eligibility requirements

Current through June, 2024
(a) The department
				  may provide transitional child care assistance for a period of up to twelve
				  consecutive months to a family unit that ceases to be eligible for AFDC as a
				  result of:
(1) Increased hours of employment
				  or increased income from employment;
(2) New or increased income from child
				  support; or
(3) The caretaker
				  voluntarily requesting AFDC closure because the caretaker is currently
				  employed.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.2 - CHILD CARE SERVICES › Subchapter 4 - QUALITY INCENTIVE PAYMENTS › Section 17-798.2-43 - Purpose

Current through June, 2024
The purpose of this subchapter is to create a quality
					 incentive payment program for child care providers who care for children who
					 receive child care subsidies through the department, to improve the quality and
					 availability of child care.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.2 - CHILD CARE SERVICES › Subchapter 4 - QUALITY INCENTIVE PAYMENTS › Section 17-798.2-44 - Quality incentive payments for preschools

Current through June, 2024
(a) This
				  incentive is available only to preschools as defined in section
				  798.2-2.
(b)Preschools shall
				  qualify for a quality incentive payment if they satisfy standards of quality as
				  determined by the department, including:
(1)
				  Hawaii Preschool Content Standards (HPCS), 2004;
(2) Professional Development Standards Level
				  I or II, in Exhibit II, effective January 1, 2006, set forth at the end of this
				  chapter; or
(3) Accreditation
				  through the National Association for the Education of Young Children (NAEYC) or
				  the National Early Childhood Program Accreditation (NECPA), in which case they
				  shall be deemed to satisfy both HPCS and Professional Development Standards
				  Level I.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.2 - CHILD CARE SERVICES › Subchapter 4 - QUALITY INCENTIVE PAYMENTS › Section 17-798.2-45 - Quality incentive payments for home-based child care providers

Current through June, 2024
(a) This incentive is available only to
				  home-based child care providers as defined in section 798.2-2.
(b) Home-based child care providers shall
				  qualify for a quality incentive payment if they satisfy standards of quality as
				  provided in the Developmental Guidelines for Infants and Toddlers and Young
				  Preschoolers developed by the University of Hawaii Center on the Family,
				  2006.
(c) The home-based child care
				  provider shall agree to participate in direct deposit of their quality
				  incentive payment into a designated bank account.
(d) The home-based child care provider shall
				  submit a completed application form and supporting documentation as prescribed
				  by the department.
(1) The application must
				  be signed and dated by the home-based child care provider.
(2) The home-based child care provider shall
				  participate in an orientation session scheduled by the department to introduce
				  the standards, activities, and work packets that are expected to be implemented
				  with children.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.2 - CHILD CARE SERVICES › Subchapter 4 - QUALITY INCENTIVE PAYMENTS › Section 17-798.2-46 - Time-limited incentives for child care providers

Current through June, 2024
(a) The
				  department, at its discretion, may offer time-limited incentive payments to
				  child care providers that increase the number of children enrolled.
(b) The department shall issue a notice to
				  inform the public of the availability of the time-limited incentive payments.
				  The notice shall include, but is not limited to, the following information:
(1) The type of care for which the department
				  will be accepting applications;
(2)
				  The application period;
(3) The
				  amount offered for the time-limited incentive payments;
(4) The criteria for determining the
				  incentives; and
(5) The application
				  process.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.2 - CHILD CARE SERVICES › Subchapter 4 - QUALITY INCENTIVE PAYMENTS › Section 17-798.2-47 - Termination of incentive payments for insufficient funds

Current through June, 2024
The department may, at its discretion, refuse to take new
					 applications, reduce incentive payments, or terminate incentive payments when
					 there are insufficient funds to pay the incentive payments at current amounts
					 through the end of the state fiscal year."
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.2 - CHILD CARE SERVICES › Exhibit I - Child Care Rate Table

Current through June, 2024
CHILD CARE RATE TABLE
Type of Care
Full-Time Care
Two-Thirds Care
One-Third Care
Casual Care
Center-Based
97+ Monthly Hours
61-96 Monthly Hours
25-60 Monthly Hours
1-24 Monthly Hours
Infant/Toddler Care
$1,490
$1,328
$830
$332
NAEYC Accredited* or
97+ Monthly Hours
61-96 Monthly Hours
25-60 Monthly Hours
1-24 Monthly Hours
NECPA Accredited
$919
$818
$511
$205
Center-Based Care
Licensed Center-Based**
97+ Monthly Hours
61-96 Monthly Hours
25-60 Monthly Hours
1-24 Monthly Hours
Group Child Care Home
$740
$659
$412
$164
Licensed Family Child
97+ Monthly Hours
61-96 Monthly Hours
25-60 Monthly Hours
1-24 Monthly Hours
Care Home
$650
$579
$362
$145
Infant/Toddler Care
Licensed Family Child
97+ Monthly Hours
61-96 Monthly Hours
25-60 Monthly Hours
1-24 Monthly Hours
Care Home**
$600
$534
$334
$134
License-Exempt Relative
97+ Monthly Hours
61-96 Monthly Hours
25-60 Monthly Hours
1-24 Monthly Hours
and Non-Relative
$400
$356
$223
$89
Infant/Toddler Care
License-Exempt Relative,
97+ Monthly Hours
61-96 Monthly Hours
25-60 Monthly Hours
1-24 Monthly Hours
Non-Relative, and
$350
$312
$195
$78
Group Care**
Licensed
45+ Monthly Hours
30-44 Monthly Hours
15-29 Monthly Hours
1-14 Monthly Hours
Before School Care/
$155
$136
$90
$43
After School Care
License-Exempt
45+ Monthly Hours
30-44 Monthly Hours
15-29 Monthly Hours
1-14 Monthly Hours
Before School Care/
$100
$88
$58
$28
After School Care
* NAEYC refers to National Association for the Education of
				  Young Children. NECPA refers to National Early Childhood Program
				  Accreditation
**Summer and Inter-session care rates are the same as the
				  rates listed here.
All Rates include an estimate of travel
				  time.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.2 - CHILD CARE SERVICES › Exhibit III - Child Care Gross Income Eligibility Limits and Sliding Fee Scale

Current through June, 2024
Child Care
Gross Income Eligibility Limits and Sliding Fee
				  Scale
Family Size
Income Eligibility Limit
0-50% FPL
50%-70% FPL
70%-100% FPL
100%-110% FPL
110%-125% FPL
125%-150% FPL
150%-160% FPL
160%-175% FPL
175%-200% FPL
200% FPL - elig. limit
(100% of DHS max. rate allowed)
(90% of
DHS max. rate allowed)
(80% of
DHS max. rate allowed)
(70% of
DHS max. rate allowed)
(60% of
DHS max. rate allowed)
(50% of DHS max.
rate allowed)
(40% of DHS max.
rate allowed)
(30% of DHS max.
rate allowed)
(20% of DHS max.
rate allowed)
(10% of DHS max.
rate allowed)
0% family co-pay
10% family co-pay
20% family co-pay
30% family co-pay
40% family co-pay
50% family co-pay
60% family co-pay
70% family co-pay
80% family co-pay
90% family co-pay
1
2431
446
669
892
981
1115
1338
1427
1561
1784
2431
2
3179
599
898
1197
1317
1496
1796
1915
2095
2394
3179
3
3927
751
1127
1502
1652
1878
2253
2403
2629
3004
3927
4
4675
904
1355
1807
1988
2259
2711
2891
3162
3614
4675
5
5423
1056
1584
2112
2323
2640
3168
3379
3696
4224
5423
6
6171
1209
1813
2417
2659
3021
3626
3867
4230
4834
6171
7
6312
1361
2042
2722
2994
3403
4083
4355
4764
5444
6312
8
6452
1514
2270
3027
3330
3784
4541
4843
5297
6054
6452
9
6592
1666
2499
3332
3665
4165
4998
5331
5831
6592
-
10
6732
1819
2728
3637
4001
4546
5456
5819
6365
6732
-
11
6873
1971
2957
3942
4336
4928
5913
6307
6873
-
-
12
7013
2124
3185
4247
4672
5309
6371
6795
7013
-
-
13
7153
2276
3414
4552
5007
5690
6828
7153
-
-
-
14
7293
2429
3643
4857
5343
6071
7286
7293
-
-
-
15
7434
2581
3872
5162
5678
6453
7434
-
-
-
-
For each add'l, add
140
152
229
305
335
382
140
-
-
-
-
Instructions:
1.
				Gross Income (GI) eligibility limit is at 85% of State Median Income
				(SMI).
2. Compare GI with Income
				Eligibility Limit to determine income eligibility.
3. If GI is less than or equal to the Income
				Eligibility Limit, find the largest reimbursement rate for which the income
				limit is greater than or equal to GI.
The percentage of the DHS maximum rate allowed yields the
					 actual payment amount that the department will issue to the family per child. A
					 family unit's co-payment is conversely related to the percentage of the
					 department's maximum rate allowed.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.3 - CHILD CARE PAYMENTS › Subchapter 1 - GENERAL PROVISIONS › Section 17-798.3-1 - Purpose

Current through June, 2024
The purpose of this subchapter is to establish the rules
					 governing the administration and implementation of the child care block grant
					 authorized under
					 42 U.S.C. §
											9858 and 42 U.S.C. §618. This subchapter
					 includes eligibility requirements, benefit amount, and method of determining
					 child care payments for the department's federal child care subsidy program.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.3 - CHILD CARE PAYMENTS › Subchapter 1 - GENERAL PROVISIONS › Section 17-798.3-4 - Geographical location

Current through June, 2024
All department-administered child care programs outlined in
					 this chapter may be made available to eligible clients on a statewide
					 basis.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.3 - CHILD CARE PAYMENTS › Subchapter 1 - GENERAL PROVISIONS › Section 17-798.3-5 - Scope

Current through June, 2024
(a) Child care payments shall be for child
				  care services that include, but are not limited to:
(1) Supervision to assure the child's safety,
				  comfort, and health;
(2) Personal
				  care as appropriate to the child's age and developmental maturity;
(3) Activities appropriate to the child's
				  age, developmental stage, and degree of physical or mental ability;
(4) Health and nutritional services; and
(5) Provision of child care by
				  providers as defined in section 17-798.3-2.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.3 - CHILD CARE PAYMENTS › Subchapter 1 - GENERAL PROVISIONS › Section 17-798.3-6 - Application process

Current through June, 2024
(a) A request for
				  child care payments shall be submitted on an application form prescribed by the
				  department when required by a specific departmental program.
(b) The form shall be dated and signed by the
				  caretaker under penalty of law that all the information needed to establish
				  eligibility for child care payments, as stated on the form, is true and
				  correct; provided that for child care payments needed for the care of a child
				  of a minor parent, except for emancipated minors, the adult caretaker for the
				  minor parent shall apply for child care payments.
(c) The caretaker shall submit copies of
				  documents for verification of the information provided to establish eligibility
				  of the program; provided that caretakers who are experiencing homelessness
				  shall be subject to section 17-798.3-9(d)(4)(C).
(d) Only one caretaker shall be allowed to
				  apply for child care payments when children reside in different households
				  because of joint or shared custody.
(e) The date of application shall be the date
				  the signed and dated application form is received by the department.
(f) The caretaker shall participate in a
				  child care application interview to establish eligibility of the family unit
				  for payments. The program staff shall arrange the interview as soon as possible
				  but no later than thirty days after receipt of the signed and dated application
				  form and supporting documentary evidence.
(g) The date of eligibility for child care
				  payments shall be one of the following:
(1)
				  The date of application, provided that the interview has been completed and the
				  eligibility requirements in section 17-798.3-9 are met from the date of
				  application;
(2) The date the child
				  care payments are scheduled to begin within thirty days after the eligibility
				  conditions in section 17-798.3-9 are met; or
(3) The date of the authorized activity or
				  program component in the FTW programs.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.3 - CHILD CARE PAYMENTS › Subchapter 1 - GENERAL PROVISIONS › Section 17-798.3-7 - Priority applications

Current through June, 2024
(a) As appropriate
				  for the respective subchapters, when multiple applications are received
				  simultaneously, the criteria for the priority applications shall be in the
				  following order from the highest priority to lowest:
(1) Child protective services reasons as
				  referenced in section 17-798.3-9(a)(5);
(2) Transitional child care as referenced in
				  section 17-798.3-36;
(3) Receiving
				  TANF benefits and at risk of loss of any activity under section 17-798.3-9(b)
				  (3);
(4) Very low income family
				  units that are:
(A) At risk of job termination
				  because of child care related problems;
(B) Employed and homeless;
(C) Employed and have LEP; or
(D) Not employed but have a written offer of
				  employment that is scheduled to start within two weeks; and
(5) Other family units that are
				  employed, enrolled in and attending an educational program, or are in job,
				  vocational, or employment training.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.3 - CHILD CARE PAYMENTS › Subchapter 1 - GENERAL PROVISIONS › Section 17-798.3-8 - Notice of application disposition

Current through June, 2024
(a) The department
				  shall provide written notice to caretakers about the status of their
				  applications for child care payments.
(b) The caretaker shall be sent a written
				  notice that contains a statement of the action taken, the reasons for the
				  action, the specific rules supporting the action, and the right to appeal the
				  action of the department through established administrative appeals procedures.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.3 - CHILD CARE PAYMENTS › Subchapter 1 - GENERAL PROVISIONS › Section 17-798.3-9 - Eligibility requirements

Current through June, 2024
(a) Depending upon
				  availability of funds, all children eligible for child care payments shall
				  reside with the eligible caretaker and be:
(1)
				  A citizen or national of the United States of America;
(2) A qualified alien, as defined under this
				  chapter. The caretaker shall furnish documentation of the alien status of any
				  child declared to be a qualified alien. A child who is a qualified alien is not
				  eligible for child care assistance for a period of five years beginning on the
				  date of the child's entry into the United States with qualified alien status.
				  Exception: The five-year prohibition from receiving assistance does not apply
				  to a qualified alien who is:
(A) Admitted to
				  the United States as a refugee;
(B)
				  Granted asylum;
(C) Lawfully
				  admitted for permanent residence;
(D) An alien whose deportation is being
				  withheld; and
(E) A Cuban Haitian
				  entrant under the Refugee Education Assistance Act of 1980; described at
				  8
				  U.S.C. Section 1613; and
(3) Under age thirteen years;
(4) Thirteen through seventeen years of age
				  with a physical or mental incapacity that prevents the child from doing
				  self-care; or
(5) Receiving child
				  protective services for family supervision, and the need for child care is
				  specified in the family unit's or child's case plan as ordered by the
				  court.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.3 - CHILD CARE PAYMENTS › Subchapter 1 - GENERAL PROVISIONS › Section 17-798.3-10 - Income considered in eligibility determination

Current through June, 2024
(a)
				  Monthly gross income of each individual counted in the family unit shall be
				  used to determine income eligibility of the family unit, except for individuals
				  identified in subparagraphs 17-798.3-9(b)(1)(A) and (B), by using one of the
				  following:
(1) The average of the prior two
				  months gross income for existing employment;
(2) The monthly gross income received in the
				  prior month for existing employment;
(3) The monthly gross income that is
				  anticipated to be received from prospective or new employment.
(A) Weekly gross income anticipated to be
				  received shall be converted to a monthly gross income by multiplying the weekly
				  income by 4.3333.
(B) Bi-weekly
				  gross income anticipated to be received shall be converted to monthly income by
				  multiplying the biweekly income by 2.1667.
(C) Semi-monthly income anticipated to be
				  received shall be converted to monthly income by multiplying the semi-monthly
				  income by 2; or
(4)
				  Gross income from the caretaker's business or self-employment, such as selling
				  real estate, or engaging in fishing and farming, which provide irregular income
				  over a period of six months, may be averaged to determine the monthly income
				  for the budget month.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.3 - CHILD CARE PAYMENTS › Subchapter 1 - GENERAL PROVISIONS › Section 17-798.3-11 - Excluded monthly income

Current through June, 2024
The following types of income received in any given month
					 shall be excluded from consideration in determining income eligibility for
					 child care payments:
(1) Money
				  received from the sale of property such as stocks, bonds, a house, or a car
				  unless the person was engaged in the business of selling the property, in which
				  case, the net proceeds would be counted as self-employed activity
				  income;
(2) Withdrawals of bank
				  deposits;
(3) Loans;
(4) Gifts, including in-kind gifts such as
				  free room and board, when the gift is not a form of compensation in lieu of
				  wages or salary;
(5) Monies
				  received in the form of a nonrecurring lump sum payment including, but not
				  limited to, the following:
(A) Income tax
				  refunds, rebates, or credits;
(B)
				  Retroactive lump sum social security, SSI, public assistance, or unemployment
				  compensation benefits;
(C)
				  Retroactive annual adjustment payments in the veteran administration's (VA)
				  disability pensions;
(D) Lump sum
				  inheritances or insurance payments;
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.3 - CHILD CARE PAYMENTS › Subchapter 1 - GENERAL PROVISIONS › Section 17-798.3-12 - Child care rates

Current through June, 2024
(a) Child care
				  rates shall be established based on:
(1) Types
				  of care:
(A) Registered family child
				  care;
(B) Registered family child
				  care infant toddler care;
(C)
				  Accredited registered family child care;
(D) Accredited registered family child care
				  infant toddler care;
(E) Legally
				  exempt relative, non-relative, and center-based care;
(F) Legally exempt relative and non-relative
				  infant toddler care;
(G) Licensed
				  group child care center and group child care home;
(H) Accredited group child care
				  center;
(I) Hawaiian medium
				  center-based care;
(J) Licensed
				  infant toddler center;
(K) Licensed
				  school-age care, including before-school care or after-school care;
(L) Licensed school-age care for
				  intercession, summer care, or breaks during the school year;
(M) Legally exempt before and after school
				  care; and
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.3 - CHILD CARE PAYMENTS › Subchapter 1 - GENERAL PROVISIONS › Section 17-798.3-13 - Child care payments

Current through June, 2024
(a) The amount
				  issued by the department may not exceed the maximum monthly department
				  allowance, except when the caretaker cannot continue to use the child care
				  provider due to an action by the department, and the caretaker paid for child
				  care but the provider is unwilling to refund the amount to the
				  caretaker.
(b) Child care payments
				  include:
(1) A one-time only payment in a
				  state fiscal year for registration fees, which may also include supply and
				  activity fees, required by the facility, not to exceed $125.00; and
(2) Monthly cost of child care per child, as
				  paid, but not to exceed the child care rates specified in section 17-798.3-12.
				  For the exception in section 17-798.3-13(a), a second payment up to the maximum
				  full-time rate specified in section 17-798.3-12 for the new provider shall be
				  allowed; and
(3) Only one child
				  care provider per eligible child needing child care payments shall be
				  authorized by the department for each eligible child, even if the caretaker
				  uses more than one child care provider for any eligible child. The caretaker
				  shall determine which child care provider shall be utilized for child care
				  payments authorized under this chapter, provided that the child care provider
				  meets the requirements under this chapter.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.3 - CHILD CARE PAYMENTS › Subchapter 1 - GENERAL PROVISIONS › Section 17-798.3-14 - Method of computing family unit's co-payment

Current through June, 2024
The following steps shall be used to compute the family
					 unit's co-payment:
(1) Determine the
				  monthly gross income for the family unit;
(2) Identify the family unit size;
(3) Determine the family unit's co-payment
				  tier based on the co-payment tier established in Exhibit II, dated January 2,
				  2020, attached at the end of this chapter; and
(4) Multiply the family unit's co-payment
				  tier by the monthly gross income for the family unit.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.3 - CHILD CARE PAYMENTS › Subchapter 1 - GENERAL PROVISIONS › Section 17-798.3-15 - Method of computing the need for care

Current through June, 2024
The following shall be used to compute the need for care
					 for each eligible child in the family unit needing child care payments:
(1) Counting the hours the caretaker is
				  engaged in the allowable activity except for:
(A) Individuals identified in section
				  17-798.3-9(b)(3)(F), the child care need shall be based on the number of hours
				  of child care specified in the court-ordered service plan; or
(B) When in the case of a family unit, with
				  two caretakers, both caretakers' activity hours shall be the same overlapping
				  hours; and
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.3 - CHILD CARE PAYMENTS › Subchapter 1 - GENERAL PROVISIONS › Section 17-798.3-16 - Method of computing the child care payment

Current through June, 2024
(a) The
				  following shall be used to compute the child care payment:
(1) The caretaker's relationship to the child
				  who resides with the caretaker, and the age of the child who needs
				  care;
(2) The child care
				  provider;
(3) The need for care as
				  established under section 17-798.3-15; and
(4) The cost of child care and the child care
				  rate determined under section 17-798.3-12 for the type of child care selected
				  and authorized for each eligible child needing child care payment, and choosing
				  the lesser amount.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.3 - CHILD CARE PAYMENTS › Subchapter 1 - GENERAL PROVISIONS › Section 17-798.3-17 - Mandatory reporting

Current through June, 2024
(a) A caretaker who
				  is a recipient of child care payments shall report changes to the department
				  within ten calendar days of the change for the following:
(1) Monthly gross income and the source of
				  the household income exceeds eighty-five percent of the State Median Income for
				  a family unit of the same size, except for:
(A) Department-licensed foster parents with
				  approved activities that need child care; or
(B) Family units as specified under section
				  17-798.3-9(b)(3)(F).
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.3 - CHILD CARE PAYMENTS › Subchapter 1 - GENERAL PROVISIONS › Section 17-798.3-18 - Re-determination of eligibility and payment amount

Current through June, 2024
(a)
				  Eligibility and payment amounts shall be reviewed at the end of every
				  eligibility period.
(1) The family unit shall
				  submit a completed simplified report form including the verifying documentation
				  required to determine the continued eligibility of the caretaker, child and
				  provider.
(A) The completed simplified report
				  form must be received by the department by the due date printed on the
				  simplified report form.
(B) A
				  simplified report form shall be considered incomplete when:
(i) It is not initialed and signed by the
				  caretaker,
(ii) It omits
				  information and documentation including, but not limited to, pay stubs,
				  employment, training or education schedule, and child care receipts, that are
				  necessary for the department to determine the family unit's eligibility, or to
				  compute the family unit's child care payment amount; or
(iii) In situations where the caretaker is
				  experiencing homelessness and is unable to provide verification for eligibility
				  requirements other than sections 17-798.3-9(d) and 17-798.3-9(c), the caretaker
				  may be presumptively eligible for child care payments for a period of two
				  months while the caretaker secures the verification for the eligibility
				  requirements, provided that the caretaker submits self-certification meeting
				  the requirements for 17-798.3-9(b)(1) through (5). The verification submitted
				  within the two months shall demonstrate eligibility requirements for
				  17-798.3-9(b)(1) through (5) from month of re-determination or start of child
				  care, whichever is later.
(C) If the caretaker fails to submit a
				  simplified report form by the due date noted on the simplified report form, or
				  submits an incomplete form, the department shall provide a timely and adequate
				  notice in accordance with section 17-798.3-20 that allows the caretaker an
				  extended filing period.
(i) When the
				  caretaker submits a completed simplified report form within the extended filing
				  period, child care payments shall be provided not later than ten days after the
				  caretaker's normal benefits issuance date.
(ii) When the caretaker submits a completed
				  simplified report form after the extended filing period, but before the end of
				  the report month, child care payments shall be provided not later than thirty
				  days after the receipt of the simplified report form.
(iii) When the extended filing period ends,
				  and the simplified report form is not received by the department, or is
				  received but is still incomplete, the department shall issue a notice that
				  confirms the termination of child care payments.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.3 - CHILD CARE PAYMENTS › Subchapter 1 - GENERAL PROVISIONS › Section 17-798.3-19 - Denial, reduction, suspension, or termination of child care

Current through June, 2024
(a) Child care payments may be denied,
				  reduced, suspended, or terminated when:
(1)
				  The caretaker does not complete the process of application, determination of
				  eligibility, or withdraws the application;
(2) The caretaker does not sign and date the
				  application form or simplified report form prescribed by the
				  department;
(3) The caretaker does
				  not submit a completed application form or simplified report form prescribed by
				  the department;
(4) The caretaker
				  does not submit verifying documentation requested by the department;
(5) The child does not meet the eligibility
				  requirements referenced in subsection 17-798.3-9(a);
(6) The caretaker does not meet the
				  eligibility requirements referenced in subsection 17-798.3-9(b);
(7) The provider does not meet or comply with
				  the eligibility requirements referenced in subsections 17-798.3-9(c) and
				  subchapters
				  3,
				  4, and
				  5;
(8) Conditions initially present in the
				  family unit situation have changed and child care is no longer
				  needed;
(9) The family unit has not
				  used authorized care;
(10) The
				  child has absences that are unexcused for more than five consecutive
				  days;
(11) The caretaker
				  voluntarily requests discontinuance of child care payments;
(12) The caretaker and the child are unable
				  to use child care and another service must be planned for;
(13) The family unit is no longer eligible
				  for child care payments;
(14) The
				  family unit cannot be located;
(15)
				  The family unit fails to complete the process of re-determination of
				  eligibility;
(16) The family unit
				  fails to utilize child care payments in accordance with section 17-798.3-5(c)
				  and does not reconcile the resulting overpayments in accordance with section
				  17-798.3-22;
(17) The department
				  determines pursuant to section 17-798.3-23 that there are insufficient funds to
				  maintain all children receiving care;
(18) A caretaker does not participate in any
				  activity allowable under section 17-798.3-9(b)(3)(A) through (H) for a period
				  in excess of three months from the date of loss of the prior allowable
				  activity(ies); or
(19) The
				  caretaker fails to provide the required eligibility documentation pursuant to
				  sections 17-798.3-9(d)(4)(B) or (C), and two months has passed from the date of
				  presumptive eligibility.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.3 - CHILD CARE PAYMENTS › Subchapter 1 - GENERAL PROVISIONS › Section 17-798.3-20 - Notice of adverse action

Current through June, 2024
(a) The department
				  shall provide the caretaker with timely and adequate notice prior to taking
				  adverse action to reduce, suspend, or terminate any child care payments
				  specified in this chapter.
(b) A
				  caretaker can submit verifying documentation for consideration by the
				  department to reverse the proposed department action prior to the effective
				  date of the action.
(c) Only
				  adequate notice is required when the following occurs:
(1) A caretaker is deceased;
(2) A caretaker left the State;
(3) A caretaker requests discontinuance of
				  child care payments;
(4) A
				  caretaker fails to comply with mandatory report requirements of section
				  17-798.3-17;
(5) A caretaker's
				  whereabouts are unknown;
(6) The
				  department determines pursuant to section 17-798.3-23 that there are
				  insufficient funds to maintain all children receiving care; or
(7) An application for child care payments is
				  denied.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.3 - CHILD CARE PAYMENTS › Subchapter 1 - GENERAL PROVISIONS › Section 17-798.3-21 - Administrative appeal requests

Current through June, 2024
(a) A caretaker may
				  file a written request for an administrative appeal, in accordance with the
				  provisions set forth in chapter
				  17-602.1, when the caretaker disagrees
				  with the department's adverse action to deny, reduce, suspend, or terminate
				  payment, or with the department's determination of an overpayment.
(b) Child care payments shall not continue
				  during the appeal process.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.3 - CHILD CARE PAYMENTS › Subchapter 1 - GENERAL PROVISIONS › Section 17-798.3-22 - Underpayments and overpayments

Current through June, 2024
(a) Underpayments
				  shall be processed as follows:
(1) Prompt
				  action shall be taken to correct any underpayment to a currently eligible
				  caretaker who would have received a greater benefit if an error by the
				  department had not occurred.
(2) If
				  a caretaker has both an overpayment and an underpayment, the overpayment and
				  underpayment shall be offset one against the other in correcting the
				  payment.
(3) Payments provided to
				  the caretaker to correct an underpayment shall not be counted as
				  income.
(4) Corrective payments
				  shall be made for any underpayment due a former recipient when child care
				  assistance is restored.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.3 - CHILD CARE PAYMENTS › Subchapter 1 - GENERAL PROVISIONS › Section 17-798.3-23 - Texnninatlon for insufficient funds

Current through June, 2024
(a) The department
				  may, at its discretion, refuse to take new applications, reduce payments, or
				  terminate payments when there are insufficient funds to pay child care payments
				  at current amounts through the end of the State fiscal year.
(b) Refusal to take new applications,
				  reducing payments, or terminating payments will first be accomplished in
				  reverse priority from what is listed in section 17-798.3-7. Priority will
				  further be determined within the categories set forth in section 17-798.3-7 by
				  income, with higher income family units terminated first.
(c) The budget will be managed by reviewing
				  monthly expenditures, and evaluating whether the cumulative expenditures at the
				  end of any given month are less than or equal to the number of months that have
				  expired in the fiscal year times 1/12 of the budget appropriation for child
				  care payments.
(d) When the
				  department determines that the budget appropriation has or soon will be
				  exceeded, notices of adverse action may be issued to limit the number of
				  children receiving payments in any given month or to take other necessary
				  action to operate within the child care budget appropriation. A decision under
				  this subsection shall be final and conclusive and not subject to an
				  administrative appeal under section 17-798.3-21.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.3 - CHILD CARE PAYMENTS › Subchapter 1 - GENERAL PROVISIONS › Section 17-798.3-24 - Waitlist

Current through June, 2024
(a) The department may implement a waitlist
				  for child care subsidy payments whenever it determines that sufficient funding
				  is not available to sustain payments for all of the applicants requesting
				  assistance.
(b) The following are
				  not subject to the waitlist:
(1) A family unit
				  who needs child care payments to comply with the First-To-Work (FTW) program
				  participation requirements;
(2) A
				  family unit whose child is receiving child protective services, and the need
				  for child care is specified in the family unit's case plan as ordered by the
				  court; and
(3) Former TANF
				  participants who are eligible for Transitional Child Care pursuant to section
				  17-798.3-36.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.3 - CHILD CARE PAYMENTS › Subchapter 2 - TRANSITIONAL CHILD CARE PAYMENTS › Section 17-798.3-35 - Purpose

Current through June, 2024
The purpose of this subchapter is to establish the
					 eligibility requirements, benefits, and method of determining payment for
					 transitional child care benefits.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.3 - CHILD CARE PAYMENTS › Subchapter 2 - TRANSITIONAL CHILD CARE PAYMENTS › Section 17-798.3-36 - Eligibility requirements

Current through June, 2024
(a) The department
				  may provide transitional child care payments for a period of up to twelve
				  consecutive months to a family unit that ceases to be eligible for TANF as a
				  result of:
(1) Increased hours of employment
				  or increased income from employment;
(2) New or increased income from child
				  support; or
(3) The caretaker
				  voluntarily requesting TANF closure because the caretaker is currently
				  employed.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.3 - CHILD CARE PAYMENTS › Subchapter 3 - GENERAL REQUIREMENTS FOR EXEMPT PROVIDERS › Section 17-798.3-50 - Purpose

Current through June, 2024
The purpose of this subchapter is to define the general
					 requirements for exempt child care providers to be authorized to care for
					 children whose families receive child care payments.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.3 - CHILD CARE PAYMENTS › Subchapter 4 - HEALTH REQUIREMENTS FOR EXEMPT PROVIDERS › Section 17-798.3-60 - Purpose

Current through June, 2024
The purpose of this subchapter is to define the health
					 requirements for exempt providers to be authorized to care for children whose
					 families are receiving child care payments.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.3 - CHILD CARE PAYMENTS › Subchapter 4 - HEALTH REQUIREMENTS FOR EXEMPT PROVIDERS › Section 17-798.3-62 - Handwashing

Current through June, 2024
(a) The provider and children shall wash
				  hands using water and soap:
(1) Before and
				  after eating or drinking;
(2)
				  Before and after preparing food or beverages;
(3) Before and after diapering;
(4) After using the toilet or helping a child
				  in toileting;
(5) After handling
				  any bodily fluids or items containing bodily fluids;
(6) After handling pets or animals;
				  and
(7) After outdoor
				  play.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 798.3 - CHILD CARE PAYMENTS › Subchapter 4 - HEALTH REQUIREMENTS FOR EXEMPT PROVIDERS › Section 17-798.3-63 - Toilet and handwashing facilities

Current through June, 2024
Children shall have access to toilet and handwashing
					 facilities that are clean and stocked with toilet paper and supplies required
					 under section 17-798.3-62(b).