Kentucky Administrative Regulations › Title 922 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR COMMUNITY-BASED SERVICES - PROTECTION AND PERMANENCY › Chapter 2 - Day Care › Section 922 KAR 2:160 - Child Care Assistance Program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				194A.060,
				199.894(1),
				(5),
				199.896,
				199.898(1),
				(2),
				199.8982,
				199.899,
				214.036,
				314.011(5),
				337.275,
				600.020,
				605.120(5),
				620.020(10), 7
				C.F.R. Part 1463, 20 C.F.R.
				Parts 676-678,
				34 C.F.R. Part 361, Part
				463,
				45 C.F.R. Part 98,
				205.10(a)(6),
				205.50(a)(1)(i),
				400.66(d),
				7 U.S.C.
				2012,
				25 U.S.C.
				1261,
				1401,
				5501,
				29 U.S.C.
				723(a)(5),
				34 U.S.C.
				20102(c),
				38 U.S.C.
				1815,
				42 U.S.C.
				601-619,
				1395w-141,
				1771-1793,
				2000d,
				3001,
				4950-5085,
				8621,
				9857-9858q,
				9902(2)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1) requires the
				secretary of the Cabinet for Health and Family Services to promulgate
				administrative regulations necessary to operate programs and fulfill the
				responsibilities vested in the cabinet, qualify for the receipt of federal
				funds, and cooperate with other state and federal agencies for the proper
				administration of the cabinet and its programs.
				KRS
				199.892 enables the Cabinet for Health and
				Family Services to promulgate administrative regulations to qualify to receive
				federal funds under provisions of the federal Social Security Act,
				42 U.S.C.
				9857-9858q, and to provide for effective
				regulation of child care centers.
				KRS
				199.8994 requires the cabinet to administer
				all child care funds to the extent allowable under federal law or regulation
				and in a manner that is in the best interest of the clients to be served. This
				administrative regulation establishes requirements that enable the Cabinet for
				Health and Family Services to qualify for federal funds under the Child Care
				and Development Fund, and establishes procedures for the implementation of the
				Child Care Assistance Program to the extent that funding is available.
Section 1. Definitions.
(1) "Applicant" means a child's natural or
			 adoptive parent or an individual caring for a child in loco parentis who is
			 applying for CCAP.
(2) "Cabinet" is
			 defined by KRS
			 199.894(1).
(3) "Change in a circumstance" means a change
			 that may affect eligibility or benefit amounts, such as:
(a) Beginning or ending employment;
(b) Change in an employer or obtaining
			 additional employment;
(c) Increase
			 or decrease in the number of work hours;
(d) Increase or decrease in the rate of
			 pay;
(e) Increase or decrease in
			 family members;
(f) Change in
			 self-employment activity;
(g)
			 Change in scheduled hours care is needed;
(h) Beginning or ending an educational
			 activity;
(i) Change in child care
			 provider;
(j) Change in address or
			 residence;
(k) Change in marital
			 status;
(l) Beginning or ending
			 receipt of unearned income; or
(m)
			 Enrollment in a certified trade school or an accredited college or
			 university.
(4) "Child
			 care" means the provision of care for a child for a portion of a day on a
			 regular basis, designed to supplement, but not substitute for, the parent or
			 guardian's responsibility for the child's protection, development, and
			 supervision.
(5) "Child Care and
			 Development Fund" or "CCDF" is defined by
			 45 C.F.R.
			 98.2.
(6) "Child Care Assistance Program" or "CCAP"
			 means Kentucky's child care subsidy program providing families, who meet the
			 eligibility requirements of this administrative regulation, with the financial
			 resources to find and afford quality child care.
(7) "Child care certificate" is defined by
			 45 C.F.R.
			 98.2.
(8) "Child protective services" is defined by
			 922 KAR 1:330, Section
			 1(5).
(9) "Child with a special
			 need" means a child who has multiple or severe functional needs requiring
			 ongoing specialized care.
(10)
			 "Employment" means public or private, permanent or temporary work for an
			 average of twenty (20) hours per week for compensation or as an unpaid job
			 requirement.
(11) "Family" means an
			 applicant or parent, a child, and another responsible adult if present,
			 residing in the same home.
(12)
			 "Family child-care home" is defined by
			 KRS
			 199.894(5).
(13) "Full day" means child care that is
			 provided for five (5) or more hours per day.
(14) "Good academic standing" means a student
			 is meeting the trade school, college, or university's requirements for
			 attendance and satisfactory progress towards the completion of
			 coursework.
(15) "Health
			 professional" means a person actively licensed as a:
(a) Physician;
(b) Physician assistant;
(c) Advanced practice registered
			 nurse;
(d) Qualified mental health
			 professional as defined by
			 KRS
			 600.020(52); or
(e) Registered nurse as defined by
			 KRS
			 314.011(5) under the
			 supervision of a physician.
(16) "Homeless" means an individual or a
			 family lacking a fixed, regular, and adequate nighttime residence, including a
			 child experiencing homelessness as defined by
			 45 C.F.R.
			 98.2.
(17) "In loco parentis" means a person acting
			 in place of a parent, including:
(a) A legal
			 guardian;
(b) An individual related
			 by blood, marriage, or adoption to the child; or
(c) A nonrelative pursuing legal custody of
			 the child within one (1) year of application.
(18) "Infant" means a child who is less than
			 one (1) year old.
(19) "Kentucky
			 Transitional Assistance Program" or "KTAP" means Kentucky's Temporary
			 Assistance for Needy Families or "TANF" money payment program established in
			 921 KAR Chapter 2.
(20) "Parent" is
			 defined by 45 C.F.R.
			 98.2.
(21) "Part day" means child care that is
			 provided for less than five (5) hours per day.
(22) "Preschool child" means a child who has
			 reached the third birthday up to, but not including, the sixth
			 birthday.
(23) "Preventive
			 services" is defined by
			 KRS
			 620.020(12).
(24) "Provider" means the entity providing
			 child care services, such as:
(a) A member of
			 a limited liability corporation (LLC);
(b) The head of an organization;
(c) An owner of a corporation;
(d) A member of a partnership;
(e) An owner of a business;
(f) An individual provider; or
(g) A stockholder of a stock-holding
			 company.
(25) "Qualified
			 immigrant" means a child who meets the requirements of
			 921 KAR 2:006, Section 1(12) or
			 5(2).
(26) "Registered provider"
			 means a child care provider who meets the requirements of
			 922 KAR 2:180.
(27) "Related" means having one (1) of the
			 following relationships:
(a) Child;
(b) Stepchild;
(c) Grandchild;
(d) Great-grandchild;
(e) Niece;
(f) Nephew;
(g) Sibling;
(h) Child in legal custody; or
(i) Child living in loco parentis.
(28) "Responsible adult" means a
			 person other than the applicant who is in the child's household and who is:
(a) The natural parent, adoptive parent, or
			 stepparent; or
(b) The spouse of an
			 individual caring for a child in loco parentis.
(29) "School-age child" means a child who has
			 reached the sixth birthday.
(30)
			 "State median income" or "SMI" means the estimated median income of households
			 in the state.
(31) "Supplemental
			 Nutrition Assistance Program" or "SNAP" means the program, formerly known as
			 the Food Stamp Program:
(a) Defined by
			 7 U.S.C.
			 2012; and
(b) Governed by 921 KAR Chapter 3.
(32) "Teen parent" means a head of
			 household under the age of twenty (20) and attending high school or obtaining a
			 GED.
(33) "Toddler" means a child
			 who has reached the first birthday up to, but not including, the third
			 birthday.