Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 790 - CHILD CARE PROGRAM › Part I - General Provisions › Section 8VAC20-790-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this part shall
					 have the following meanings unless the context indicates otherwise:
"Administrative disqualification hearing" or "ADH" means an
					 impartial review by a state hearing officer of a recipient's actions involving
					 an alleged intentional program violation for the purpose of determining if the
					 individual did or did not commit an intentional program violation.
"Applicant" means a person who has applied for child care
					 services and the disposition of the application has not yet been
					 determined.
"Assets" means resources owned by a person or company
					 regarded as having value and available to meet debts and commitments.
"Background checks" means the checks for barrier crimes and
					 offenses required under Article 5 (§
										22.1-289.034
					 et seq.) of Chapter 14.1 of Title 22.1 of the Code of Virginia, including the
					 sworn statement or affirmation as is required by Article 5; the criminal
					 history record check; and the Child Protective Services Central Registry
					 check.
"Child care subsidy and services" or "Child Care Subsidy
					 Program" means the department program that assists eligible low-income families
					 with the cost of child care and those activities that assist eligible families
					 in the arrangement for or purchase of child care for children for care that is
					 less than a 24-hour day. It also includes activities that promote parental
					 choice, consumer education to help parents make informed choices about child
					 care, activities to enhance health and safety standards established by the
					 state, and activities that increase and enhance child care and early childhood
					 development resources in the community.
"Child experiencing homelessness" means a child who lacks a
					 fixed, regular, and adequate nighttime residence and includes:
1. A child who is living in a car, park, public space,
					 abandoned building, substandard housing, bus or train station, or similar
					 settings;
2. A child who is sharing the housing of other persons due
					 to loss of housing, economic hardship, or a similar reason (sometimes referred
					 to as "doubled-up");
3. A child who is living in a motel, hotel, trailer park,
					 or camping grounds due to lack of alternative adequate accommodations;
4. A child who is living in congregate, temporary,
					 emergency, or transitional shelters;
5. A child who is abandoned in a hospital;
6. A child who is living in a primary nighttime residence
					 that is a public or private place not designed for, or ordinarily used as, a
					 regular sleeping accommodation for human beings; and
7. A child who is a migratory child as defined in §
					 1309 of the Elementary and Secondary Education Act of 1965, P.L. No. 89-10
					 (20
					 USC §
											6399) who qualifies as homeless
					 because he is living in circumstances described in clauses (i) through (iii) of
					 42 U.S.C. § 11432a(2)(8)..
"Child protective services" means the identification,
					 receipt, and immediate response to complaints and reports of alleged child
					 abuse or neglect for children under 18 years of age. It also includes
					 assessment and arranging for and providing necessary protective and
					 rehabilitative services for a child and his family when the child has been
					 found to have been abused or neglected or is at risk of being abused or
					 neglected.
"Child with special needs or disability" means (i) a child
					 with a disability as defined in § 602 of the Individuals with Disabilities
					 Education Act (20 USC §
											1401);
					 (ii) a child who is eligible for early intervention services under Part C of
					 the Individuals with Disabilities Education Act (20 USC §
											1431 et seq.); (iii) a child who is younger
					 than 13 years of age and who is eligible for services under § 504 of the
					 Rehabilitation Act of 1973 (29 USC §
											794); and (iv) a child with a documented
					 developmental disability, intellectual disability, emotional disturbance,
					 sensory or motor impairment, or significant chronic illness who requires
					 special health surveillance or specialized programs, interventions,
					 technologies, or facilities.
"Conditional eligibility" means that eligibility has been
					 approved for a period not to exceed 90 days to allow families with a child
					 experiencing homelessness additional time to obtain required documentation
					 needed to complete a final eligibility determination.
"Copayment" means the amount paid to the provider by the
					 parent to contribute toward the cost of child care. Such amount shall be
					 established by the department in accordance with the current Child Care and
					 Development Fund Plan for Virginia, approved by the U.S. Department of Health
					 and Human Services. Copayments do not include charges above the maximum
					 reimbursable rate, or charges for registration, activities, or
					 transportation.
"Department" means the Virginia Department of
					 Education.
"Exit eligibility limit" means the maximum gross countable
					 income amount that a family can receive to be considered income eligible at
					 redetermination. Such amount shall be established by the department in the
					 current Child Care and Development Plan for Virginia approved by the U.S.
					 Department of Health and Human Services.
"Family" means any adult or emancipated minor and children
					 related by blood, marriage, adoption, or an expression of kinship who function
					 as a family unit.
"Federal poverty guidelines" means the income levels by
					 family size, determined by the U.S. Department of Health and Human Services,
					 used as guidelines in determining at what level families in the country are
					 living in poverty.
"Fee" means a charge for a service and may include
					 copayments, charges above the maximum reimbursable rate, or charges for
					 registration, activities, or transportation.
"Fee Program" means a category in the child care subsidy
					 program that assists low income, non-TANF families with child care
					 services.
"Fiscal year" means the local department financial calendar
					 that begins in June of each calendar year and runs through May of the following
					 calendar year.
"Graduated phase out" means the period of time for child
					 care subsidy and services to continue as determined by the local department at
					 redetermination for recipients whose income exceeds the initial eligibility
					 limit but is below the exit eligibility limit.
"Head Start" means the comprehensive federal child
					 development programs that serve children from birth through age five years,
					 pregnant women, and their families (as established by the Head Start Act
					 (42 USC §
											9801)).
"Income eligible" means that eligibility for assistance
					 under the Child Care Subsidy Program is based on income and family size.
"In-home" means child care provided in the home in which
					 all of the children in care reside and in which the provider does not
					 reside.
"Initial eligibility limit" means the maximum gross
					 countable income amount that a family can receive to be considered income
					 eligible. Such amount shall be established by the department in the current
					 Child Care and Development Plan for Virginia approved by the U.S. Department of
					 Health and Human Services.
"Intentional program violation" or "IPV" means any action
					 by an individual for the purpose of establishing or maintaining the family's
					 eligibility for assistance under the Child Care Subsidy Program or for
					 increasing or preventing a reduction in the amount of the assistance by (i)
					 intentionally giving a false or misleading statement or misrepresenting,
					 concealing, or withholding facts or (ii) any act intended to mislead, to
					 misrepresent, conceal, or withhold facts, or to propound a falsity.
"Level one provider" means a child care provider that is
					 not licensed by the department or is not approved (i) by a licensed family day
					 system, (ii) under a local ordinance in accordance with §§
										15.2-741
					 and
					 15.2-914
					 of the Code of Virginia, or (iii) by the federal government.
"Level two provider" means a child care provider that is
					 licensed by the department or is approved (i) by a licensed family day system,
					 (ii) under local ordinance in accordance with §§
										15.2-741
					 and
					 15.2-914
					 of the Code of Virginia, or (iii) by the federal government.
"Local department" means the local department of social
					 services of any county or city in this Commonwealth.
"Maximum reimbursable rate" means the maximum rate paid for
					 child care services through the subsidy program that is established by the
					 department and set out in the current Child Care and Development Fund Plan for
					 Virginia filed with the U.S. Department of Health and Human Services.
"Need for child care" means the parents meet the income
					 eligibility and employment or education requirements set forth in this chapter
					 and require child care services for part of the day.
"Nonfraud overpayment" means an overpayment that is the
					 result of a local department error or an inadvertent household or provider
					 error.
"Parent" means the adult or emancipated minor, as defined
					 in §
										16.1-334 of the
					 Code of Virginia, who acts as the primary caretaker or guardian of a child,
					 including an individual acting in loco parentis. A parent may be by blood,
					 marriage, or adoption and also means a legal guardian, person cohabiting with
					 the natural or adoptive parent of a minor child, or other person standing in
					 loco parentis.
"Provider" or "child care provider" means a person, entity,
					 or organization providing child care services.
"Resource and referral" means services that provide
					 information to parents to assist them in choosing a child care provider and may
					 include assessment of the family's child care needs, collection and maintenance
					 of information about child care needs in the community, and efforts to improve
					 the quality and increase the supply of child care.
"Service plan" means the written, mutually agreed upon
					 activities and responsibilities between the local department and the parent in
					 the provision of assistance for child care services under the Child Care
					 Subsidy Program.
"Superintendent" means Superintendent of Public Instruction
					 or his designee.
"Supplemental Nutrition Assistance Program" or "SNAP" means
					 the program administered by the U.S. Department of Agriculture to reduce hunger
					 and increase food security.
"Supplemental Nutrition Assistance Program Employment and
					 Training" or "SNAPET" means the program that provides job search, job search
					 training, education, training, and work experience to nonpublic assistance SNAP
					 recipients.
"TANF assistance unit" means a household composed of an
					 individual or individuals who meet all categorical requirements and conditions
					 of eligibility for TANF.
"TANF capped child" means a child who the TANF worker has
					 determined ineligible for inclusion in the TANF assistance unit because the
					 child was born more than 10 full months after the mother's initial TANF payment
					 was issued.
"Temporary Assistance for Needy Families" or "TANF" means
					 the program authorized in § 406 of the Social Security Act (42 USC §
											606) and administered by the department
					 through which a relative can receive monthly cash assistance for the support of
					 his eligible children.
"Transitional child care" means the program that provides
					 child care subsidy assistance to eligible former TANF recipients after the TANF
					 case closes.
"Vendor" means a legally operating child care provider who
					 is approved by the department to participate in the Child Care Subsidy Program.
					 Multiple facilities or sites operated by the same person, entity, or
					 organization are considered separate vendors.
"Vendor agreement" means the agreement between the
					 department and a child care vendor that must be entered into and signed before
					 child care payments under the Child Care Subsidy Program can be
					 authorized.
"Virginia Initiative for Education and Work" or "VIEW"
					 means the program of employment opportunities to assist individuals receiving
					 Temporary Assistance for Needy Families in attaining the goal of
					 self-sufficiency as implemented in the Commonwealth of
					 Virginia.
Statutory Authority: §§
												22.1-16
						and
						22.1-289.046
						of the Code of Virginia.