Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 610 - MAINE AT-RISK CHILD CARE PROGRAM RULES › Section 144-610-5 - ELIGIBILITY REQUIREMENTS

Current through 2024-29, July 17, 2024
A. Eligible Child
Children receiving care through the program must be age
				  twelve or younger or older children, under the age of eighteen, physically or
				  mentally incapable of caring for themselves (as certified by a physician or
				  licensed psychologist).
Children must be living with a "specified relative". A
				  "specified relative" is defined as the father, mother, brother, sister,
				  including half-blood relationships, (anyone of whom may be the legal relative);
				  adoptive father or mother, brother or sister; legal grandfather, grandmother,
				  uncle or aunt or the same relatives of preceding generation as denoted by
				  prefixes of great and great-great, or first cousin, nephew or niece; adoptive
				  grandfather, grandmother, uncle or aunt, provided the child is the natural
				  child of a parent who was adopted; the spouse of any person in the above
				  groups, although the marriage is terminated by death or divorce.
The child must be living with the applicant who is
				  maintaining a home for the child.
B. Residence and Citizenship
Residence: Each individual in the family for whom assistance
				  is being requested must be a resident of the State of Maine. A "resident" of
				  Maine is a person who is living in the state voluntarily with the intention of
				  making a home in Maine and not for a temporary purpose. Children are residents
				  of the State of Maine if they are living in Maine other than on a temporary
				  basis. Residence may not depend on the reason why the individual entered the
				  state, except in so far as it may bear upon whether the individual is in the
				  state voluntarily or for a temporary purpose.
Residence is retained until abandoned. Temporary absence from
				  the state with subsequent returns to the state, or intent to return when the
				  purposes of the absence have been accomplished, does not interrupt continuity
				  of residence.
Citizenship: In order to be eligible for MARCC, an individual
				  must be either (1) a U.S. citizen, or (2) an alien lawfully admitted for
				  permanent residence, or otherwise permanently residing in the U.S. under color
				  of law (e.g. individuals with refugee status under provisions of Sections
				  203(a) 7, 207(c), 208 and 212(d)(5) of the Immigration and Nationality
				  Act).
Each person who is not a U.S. citizen, will need to provide
				  either documents from the Immigration and Naturalization Service or other
				  documents which prove the immigration status. Alien status is subject to
				  verification by the Immigration and Naturalization Service.
Aliens legally admitted on a temporary basis are not eligible
				  for assistance, even if they have authorization to work.
C. Social Security Numbers
As a condition of eligibility, each family member is required
				  to:
Furnish the agency with a Social Security Account
					 Number
										 If an Account Number cannot be furnished (either
					 because a number has not been issued or is not known) to apply to the Social
					 Security Administration for such number, and provide evidence of application.
					 At the time of the six month review, all family members must have Social
					 Security numbers.
D.
				Financial Eligibility
Income: Individuals eligible for service must meet the income
				  guidelines in Appendix I. "Financial Eligibility" is determined by gross family
				  income. "Family" is defined as a group of related or non-related individuals,
				  who are not resident of an institution or boarding house, but who are living as
				  one economic unit. An "economic unit" consists of all individuals who share a
				  dwelling unit, pool income and share expenses in common. "Income" is defined as
				  receipt of money and/or goods and services. "Gross family income" is the sum of
				  all money received on a recurring basis by all "family" members before such
				  deductions as income taxes, social security taxes, insurance premiums, bonds,
				  union dues and similar expenses.
The following types of income are
not
included in determining gross family
				  income:
a. Food produced in home
				farming for consumption by the family.
b. Relocation assistance or allowances
				received under the federal Aid Highway Act of 1968 or under the Housing Act of
				1968. Also excluded are any payments received under Title 11 of the Uniform
				Relocation Assistance and Real Property Acquisition Policies Act of
				1970.
c. Payments of Experimental
				Housing Allowance Program made under Annual Contribution Contracts entered into
				prior to January 1, 1975, under Section 23 of the U.S. Housing Act of 1937, as
				amended.
d. HUD community
				development block grant funds received to finance the rehabilitation of the
				relative's privately owned residence. Individuals receiving a grant are
				precluded by HUD regulations from using grant monies for purposes other than
				major property repairs or capital improvements. Payment is made by check made
				payable either directly to the contractor or jointly to the contractor and
				property owner.
e. Allowance,
				balance of need payment, compensation in lieu of wages or wages paid to
				children who are students and who are under the age of eighteen. Students
				include those in this age category who are enrolled in Job Training Partnership
				Act (JTPA) programs and the Job Corps.
f. Certain income of Native Americans: 
				
											Any payments distributed per capita to or held in trust
					 for members of any Indian tribe under Public Laws 92-524, 93-134, 94-540,
					 97-458, or 98-64.
											 Receipts distributed to members of certain Indian
					 tribes which are referred to in Section 5 of Public Law 94-114 that became
					 effective October 17, 1975.
											 Receipts distributed to members of certain Indian
					 tribes which are referred to in Public Law 98-123 and 98-124 that became
					 effective October 13, 1983.
											Any income or resources accruing to members of the
					 Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of Maliseet
					 Indians pursuant to Public Law 96-420, the Maine Indian Claims Settlement Act
					 of 1980.
											The tax-exempt portions of payments made pursuant to
					 Public Law 93-203, the Alaska Native Claims Settlement Act.
g. Any
				payment for supportive services or reimbursement of out-of-pocket expenses made
				to individual volunteers, serving as foster grandparents, senior health aids,
				or senior companions, and to persons serving in the Service Corps of Retired
				Executives (SCORE) and Active Corps of Executives (ACE) and any other program
				under Titles 11 and 111 pursuant to Section 418 of the Domestic Volunteer
				Services Act of 1973 ( Public Law 93-113 ).
h. Any payment made to volunteers under Title
				1 (such as VISTA) of Public Law 93-113 pursuant to Section 404(g) of that law.
				This exclusion will not be applied when the value of such payment, divided by
				the number of hours the volunteers are serving, is equal to or greater than the
				current minimum wage ( Public Law 96-143 ).
I. The value of supplemental food assistance
				received under the Child Nutrition Act of 1966, as amended, and the special
				food services program for children under the National School Lunch Act, as
				amended ( Public Law 92-422 and Public Law 93-150 ).
j. Any benefits received under Title VII,
				Nutrition Program for the Elderly of the Older Americans Act of 1965, as
				amended.
k. The value of USDA Food
				Stamps and/or Donated Commodities.
l. Supplemental assistance including general
				assistance, provided by public or private agencies to help recipients and
				applicants meet emergency situations.
m. All education scholarships, grants and
				other awards from any source to the extent that the money is needed for
				education and the money is not used for non-education expenses. Not exempt are
				portions of grants, scholarships, or awards which are specified for child care
				of children covered under the MARCC program.
n. Payments received from the Department of
				Human Services or other agencies on behalf of children who are not related to
				other members of the family, are not receiving services through the MARCC
				program and who are living in foster homes licensed or approved by the
				Department.
o. Benefits paid to
				eligible households under the Home Energy Assistance Act of 1980, Title III of
				Public Law 96-223, as well as any other payment made under Federal Law for the
				purpose of providing energy assistance.
p. Any personal loan from any source
				providing there is clear evidence of an agreement to repay the money. Evidence
				of a bona fide loan includes, but is not limited to, the following examples: 
				
											 a written agreement to repay the money with a
					 specified time; or
											evidence that the loan was obtained from an individual
					 or establishment engaged in the business of making loans.
q.
				Reimbursements for work related expenses such as travel, uniforms, and such to
				the extent they do not represent a gain or exceed actual expenses.
r. Payments made from the Agency Orange
				Settlement Fund or any other fund established pursuant to the settlement in the
				Agent Orange product liability litigation.
s. Earned income tax credits received as a
				result of Public Law 95-600.