Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 20 - Individual and Family Support Programs › Subchapter 00 - N/A › Part 4 - Child Care Assistance Program Rules and Regulations › Section 218-RICR-20-00-4.2 - Definitions

Current through June 14, 2024
A. For the purposes of this Administrative
				  Rule, the following definitions apply unless otherwise noted:
1. "Allowable child care expense" means the
				  total cost of the CCAP authorized child care services paid by the DHS to an
				  approved provider, after deducting the amount the family is required to pay the
				  provider as its share of the cost (or family share) for authorized
				  services.
2. "Applicant child(ren)"
				  means the dependent child(ren) in the financial unit for whom the CCAP
				  authorized child care services are being requested.
3. "Application date" means the date that a
				  signed application for the CCAP is stamped as received by a DHS office or the
				  date an application is submitted online.
4. "Approved child care provider" means an
				  individual or program that:
a. Has met the
				  requirements established by the Department of Human Services to participate in
				  the CCAP; and
b. Entered into a
				  signed and valid agreement with the DHS specifying the terms and conditions for
				  enrolling eligible children and receiving payment for the CCAP allowable child
				  care expenses.
5.
				  "Appropriate child care" means child care, including infant, toddler,
				  preschool, comprehensive early childhood education and school age, that is
				  provided by a person or organization qualified, approved, and authorized by the
				  State agency or agencies designated to make such determinations as set forth in
				  this Part.
6. "Approved education
				  and training program" means a training, apprenticeship, internship, on-the-job
				  training, work experience, work immersion, or other job readiness/job
				  attachment program that is:
a. Funded by the
				  Governor's Workforce Board or State agencies that are part of the coordinated
				  program system pursuant to R.I. Gen. Laws §
												42-102-11;
b. Twenty (20) hours per week or more;
				  and
c. No longer than one (1) year
				  in duration.
7.
				  "Authorized child care services" means the child care a CCAP eligible child is
				  approved to use in a given time period based on the Department's assessment of
				  the family's need for services. The CCAP authorized child care is categorized
				  as full-time (FT), three-quarter time (3QT), half-time (HT), or quarter-time
				  (QT).
8. "Basic education program"
				  or "BEP" means the overarching set of Regulations for the Rhode Island public
				  education system.
9. "Categorically
				  eligible" means that eligibility for the CCAP has been conferred, by either
				  State law or the DHS policy, based on receipt of, or participation in, a
				  particular public benefit/program. Both RI Works cash assistance recipients and
				  Teen and Family Development (TFD) program participants receiving RI Works cash
				  assistance are categorically eligible for the CCAP if they have met all other
				  general requirements and established a need for services.
10. "CCAP approved provider agreement" or
				  "APA" means the agreement that all CCAP approved providers must sign with the
				  DHS that establishes the respective responsibilities and obligations of both
				  the Department and the provider.
11. "CCAP approved provider introductory
				  training" means the introductory training session(s) about the CCAP, conducted
				  by the Office of Child Care (OCC) and that approved providers must complete in
				  order to receive the DHS reimbursement of allowable child care
				  expenses.
12. "CCAP automated
				  enrollment system" means the DHS system through which an approved provider
				  shall enroll eligible children.
13.
				  "Center-based child care program" means a facility operated on a regular basis
				  which receives children, not of common parentage, and provides non-residential
				  care in a location separate from the children's parents during the day. Rhode
				  Island General Law (RIGL) requires center-based child care programs to obtain
				  licensure through the Department of Human Services.
14. "Central provider directory" means the
				  information source maintained by the Department about all the child care
				  providers in the State that have met the requirements to be approved to
				  participate in the CCAP and receive payment for authorized child care
				  expenses.
15. "Certification
				  period" means the actual period of time that an eligible child may obtain the
				  CCAP authorized child care services. A certification period shall not be less
				  than twelve (12) months in duration.
16. "Child Care Assistance Program" or "CCAP"
				  means the program administered by the Rhode Island Department of Human Services
				  that provides financial assistance for authorized child care services rendered
				  to eligible children by approved child care providers. The CCAP consolidates
				  the DHS child care subsidy programs for RI Works recipients, income eligible
				  working families (formerly known as the Low Income Child Care Program),
				  families where the parent(s) is participating in an approved education and
				  training program, families where the parent(s) are in enrolled in an
				  Associate's degree or Bachelor's degree program at a Rhode Island public
				  institution of higher education, teens participating in the Teen and Family
				  Development Program (formerly known as Youth Services), and short term special
				  approval child care.
17. "Child
				  development associate credential" or "CDA" means a credential awarded by the
				  Council for Professional Recognition to certain individuals working in child
				  care settings who demonstrate proficiency in specific competency
				  standards.
18. "Classroom
				  assessment scoring system" or "CLASS" means an observational tool that measures
				  the quality of teacher-child interactions.
19. "College credit based hours" means the
				  amount of CCAP need hours approved per college credit for parent(s) who are
				  enrolled in an Associate's degree or Bachelor's degree program at a Rhode
				  Island public institution of higher education. College credit based hours are
				  calculated by adding two (2) hours of study time to every one (1) college
				  credit.
20. "Comprehensive early
				  childhood education" means a program for preschool aged children approved by
				  RIDE, formerly known as Nursery School.
21. "Department of Children, Youth and
				  Families" or "DCYF" means the Rhode Island State agency with statutory
				  responsibility for investigating allegations of child abuse/neglect, as well as
				  the licensing, monitoring and enforcement of Regulations in all foster homes,
				  residential facilities, and for agencies who place children.
22. "Department of Human Services" or "DHS"
				  or "Department" means the Rhode Island State agency that administers financial,
				  medical, social and rehabilitation programs and services, and has the statutory
				  responsibility to regulate and approve licensed and license exempt child care
				  providers to participate in the DHS Child Care Assistance Program (CCAP) and
				  receive payment for authorized child care expenses.
23. "Dependent child" means any child who is
				  under the age of thirteen (13) years, or who turns thirteen (13) years during
				  the twelve (12) month certification period, or who is under the age of nineteen
				  (19) if they have a documented disability and are of an acceptable degree of
				  relationship for purposes of CCAP, is an eligible child.
24. "DHS CCAP established payment rate" means
				  the maximum rate that the DHS CCAP will pay approved providers for authorized
				  child care services in each rate category. This maximum rate is established
				  based on the results of a triennial Market Rate Survey as defined in R.I. Gen.
				  Laws §
											40-6.2-1.1.
25. "DHS
				  code of administrative rules and regulations" or "DHS Code" means the
				  compendium of Rules and policies governing the programs administered by the
				  Department. The DHS Code was formerly referred to as the DHS Policy
				  Manual.
26. "Early childhood
				  environment rating scale, revised" or "ECERS-R" means a research-based
				  assessment tool that measures environmental indicators of quality in preschool
				  classrooms with children ages two and one half to five (2.5 - 5) years of
				  age.
27. "Eligible child" means a
				  dependent child that meets the requirements to receive authorized child care
				  services from a CCAP approved child care provider. A foster child who is
				  eligible for child care services provided through the Rhode Island Department
				  of Children, Youth and Families (DCYF) shall not be deemed an eligible child
				  for the purposes of the CCAP.
28.
				  "Environmental rating scale" or "ERS-R" means the assessment tools developed at
				  the Frank Porter Graham Child Development Center of the University of North
				  Carolina at Chapel Hill that measure environmental indicators of quality. They
				  include the Infant Toddler Environment Rating Scale-Revised (ITERS-R) and the
				  Early Childhood Environment Rating Scale-Revised (ECERS-R), as well as the
				  School Age Care Environment Rating Scale (SACERS) for school age programs, and
				  the Family Child Care Environment Rating Scale-Revised (FCCERS-R) for family
				  child care homes.
29. "Excluded
				  income" means certain money, goods or services that are not considered
				  countable for the purposes of determining whether a family meets the
				  requirements for the CCAP income eligibility. Excluded income includes, but is
				  not limited to, the following:
a. The value of
				  U.S. Department of Agriculture donated foods;
b. Any payment received under Title II of the
				  Uniform Relocation Assistance and Real Property Acquisition Policies Act of
				  1970,  42 U.S.C. §§
													4601- 4655;
c. The value of certain assistance provided
				  to undergraduate students including: any grant or loan for an undergraduate
				  student for educational purposes made or insured under any loan program
				  administered by the U.S. Commissioner of Education (or the Rhode Island Board
				  of Governors for Higher Education or the Rhode Island Higher Educational
				  Assistance Authority);
d. Payments
				  distributed per capita to, or held in trust for, members of any Indian tribe
				  under  Pub. Law 92-254,  Pub. Law 93-134  or  Pub. Law 94-540;
e. Any benefits received under Title VII,
				  Nutrition Program for the Elderly, of the Older Americans Act of 1965, as
				  amended (Pub. Law 116-131);
f.
				  Payments for supportive services or reimbursement of out-of-pocket expenses
				  made to individual volunteers serving as foster grandparents, senior health
				  aides 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 Title II and Title III of the Domestic Volunteer Service Act of
				  1973 (Pub. Law 93-113);
g. The
				  value of supplemental food assistance received under the Child Nutrition Act of
				  1966, as amended, and the special food service program for children under the
				  National School Fund Act, as amended, (Pub. Law 92-433  and  Pub. Law 93-150);
h. Payments of
				  Experimental Housing Allowance Program made under Annual Contributions
				  Contracts entered into prior to January 1, 1975, under §
												23   of the U.S.
				  Housing Act of 1937, as amended (Pub. Law 75-412);
i. Receipts distributed to members of certain
				  Indian tribes which are referred to in   §
													5 of Pub. Law 94-114  that became
				  effective October 17, 1975;
j. Tax
				  exempt portions of payments made pursuant to the Alaska Native Claims
				  Settlement Act,  Pub. Law 93-203;
k.
				  Foster care payments made by the Rhode Island Department for Children, Youth
				  and Families (when the child is not included in the assistance unit);
l. The value of food assistance
				  benefits;
m. The value of
				  government rent or housing subsidies;
n. Home energy assistance funded by the State
				  or Federal government or from non-profit organizations;
o. Income from college work study
				  programs;
p. The earned income of a
				  dependent child who is included in the financial unit;
q. Stipends, earned income, and
				  reimbursements paid through the Federal Workforce Investment Act and through
				  the Workforce Innovations Opportunity Act (WIOA),  Pub. Law 113-128;
r. In accordance with  Pub. Law 100-485, the
				  refund of taxes under the earned income tax credit (EITC), or the advance
				  payment of the EITC;
s. Loans and
				  grants, such as scholarships, obtained and used under conditions that preclude
				  their use for current living costs;
t. Monies received under the Federal Social
				  Security Persons Achieving Self-Sufficiency (PASS) program or the Income
				  Related Work Expenses (IRWE) program;
u. The income of the parents with whom a teen
				  parent(s) resides;
v. Section 8
				  Utility Payment;
w. Veterans Aid and
				  Attendant Allowances;
x. Payments
				  to volunteers under Americorps/VISTA (payments to volunteers under Americorps
				  are not excluded);
y. Rhode Island
				  Works (RIW) cash assistance payments; and
z. Veteran's Disability Pension payments
				  received as a result of any disability sustained by the veteran while in
				  military service.
30.
				  "Family child care home" means a licensed residence where the resident can
				  provide child care for up to six (6) children, or up to eight (8) children with
				  an approved assistant.
a. Family child care
				  home shall not mean a private residence used for an informal cooperative
				  arrangement among neighbors or relatives, or the occasional care of children
				  with or without compensation.
b.
				  R.I. Gen. Laws Chapter 42-12.5 requires family child care home providers to
				  obtain a license from the DHS.
31. "Family child care environment rating
				  scale-Revised" or "FCCERS-R" means a research-based assessment tool that
				  measures environmental indicators of quality in programs conducted in a
				  provider's own home for children from infancy through school age.
32. "Family share" means the amount a family
				  is expected to contribute in co-payments to the cost of child care
				  services.
33. "Financial unit"
				  means the dependent children, including both applicant and non-applicant
				  child(ren), and the parent(s) and the legal spouse(s) of the parent(s) who live
				  with them in the same household. The financial unit may also include applicant
				  children that the DHS has determined, upon verification, to be a relative of
				  acceptable degree to the parent(s) requesting the CCAP authorized services. The
				  financial unit determines family size for the purposes of determining
				  income.
34. "Fraud" means a false
				  representation of the facts, including making false or misleading statements,
				  failing to disclose pertinent information, or trying to hide wrongdoing by an
				  individual(s) or an organization. The deception is intentional and usually
				  results in a benefit to the individual and/or causes damage, harm, or loss to
				  the State or others.
35. "Group
				  family child care home" means a child care program located in the provider's
				  home residence in which child care services may be offered at the same time for
				  up to nine (9), but no more than twelve (12) children unrelated to the child
				  care provider.
a. R.I. Gen. Laws Chapter
				  42-12.5 requires group family child care home providers to obtain licensure
				  from the DHS.
36. "Head
				  Start Performance Standards" means the standards determined by the
				  Administration for Children and Families (ACF) to define the services that Head
				  Start and Early Head Start programs are required to provide to the children and
				  families that they serve. The standards constitute the expectations and
				  requirements that Head Start grantees must meet. These standards do not replace
				  or override DHS Rules and Regulations.
37. "Homeless individuals" means individuals
				  who:
a. Lack a fixed, regular and adequate
				  nighttime residence;
b. Are sharing
				  the housing of other persons due to loss of housing, economic hardship, or a
				  similar reason;
c. Are living in
				  motels, hotels, trailer parks, or camping grounds due to the lack of
				  alternative accommodations; or
d.
				  Are living in emergency or transitional shelters; have 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; are living in cars,
				  parks, public spaces, abandoned buildings, substandard housing, bus or train
				  stations, or similar setting.
38. "Income" means any money, goods or
				  services available to the financial unit used to calculate eligibility for the
				  CCAP. For the purposes of the CCAP, countable income includes, but is not
				  limited to, any of the following:
a. Monetary
				  compensation for services, including gross wages, salary, commissions, and any
				  work-based fees, stipends, tips or bonuses;
b. Adjusted gross income from
				  self-employment;
c. Social Security
				  Benefits - Retirement, Survivors and Disability Insurance (RSDI);
d. Supplemental Security Income
				  (SSI);
e. Dividends or interest on
				  savings or bonds;
f. Income from
				  estates or trusts;
g. Adjusted
				  Gross Rental Income;
h. Adjusted
				  Gross Room and Board Income;
i.
				  Public assistance payments;
j.
				  Unemployment Compensation;
k.
				  Temporary Disability Insurance (TDI);
l. Workers' Compensation;
m. Government civilian employee or military
				  retirement, Private pensions or annuities;
n. Cash payouts for waiving employer
				  sponsored health insurance;
o.
				  Adoption subsidies;
p.
				  Alimony;
q. Child support
				  payments;
r. Regular contributions
				  from persons not living in the household;
s. Royalties;
t. Strike Benefits;
u. Trade Readjustment Allowance;
v. VA Compensation Payments, VA Educational
				  Benefits, Spousal/Dependent Allowances and Military Allotments;
w. Payments to volunteers under Americorps
				  (payments to volunteers under Americorps/VISTA are excluded);
x. Foster care payments made by the Rhode
				  Island Department of Children, Youth and Families (when the child is included
				  in the assistance unit);
y. In-Kind
				  Assistance; and
z. Non-citizen
				  Sponsor Income (includes income of the sponsor and sponsor's spouse), refer to
				  the Rhode Island Works Rules and Regulations, Part 2 of this Subchapter,
				  regarding Deeming provisions and Indigent Exceptions.
39. "Income eligible" means the CCAP
				  eligibility is determined on the basis of income, for applicants not receiving
				  RI Works cash assistance, within the limits prescribed in State law, contingent
				  upon meeting certain general requirements and the need for services.
40. "Infant" means a child from at least one
				  (1) week up to, and inclusive of, eighteen (18) months of age.
41. "Infant toddler environment rating
				  scale-revised" or "ITERS-R" means a research-based assessment tool that
				  measures environmental indicators of quality in preschool classrooms with
				  children zero to two and one half (0 - 2.5) years of age.
42. "Initial eligibility date" or "Care start
				  date" means the actual first date that the CCAP authorized child care services,
				  rendered to an eligible child by an approved provider, can be paid by the
				  DHS.
43. "Legal guardian" means
				  judicially created relationship between the dependent child and caregiver which
				  is intended to be permanent and self-sustaining as evidenced by the transfer to
				  the caregiver of the following parental rights with respect to the child:
				  protection, education, care and control of the person, custody of the person
				  and decision-making.
44. "License
				  exempt child care provider" means any relative of a family eligible for the
				  CCAP rendering child care in the home of the child or the provider (not to
				  exceed six (6) related children), who has been successfully screened by the DHS
				  and determined eligible to participate in the CCAP. License exempt providers
				  are not required under applicable State laws (R.I. Gen. Laws §§
											42-72.1-4
et seq.
and 42-12.5-4
et seq.
) to
				  obtain licensure from the Rhode Island Department of Human Services, but must
				  meet the capacity requirements. License Exempt providers are only approved in
				  the CCAP as long as they have a CCAP pending or eligible child in their
				  care.
45. "Licensed child care
				  facility" means any facility that provides child care, including a center-based
				  program or family child care home, that is licensed by the Rhode Island
				  Department of Human Services (DHS). The term includes facilities that have
				  programs such as: Comprehensive Early Childhood Education Program, preschool,
				  pre-kindergarten, Head Start, Early Head Start, child play school, before or
				  after school care, or child development center and applies to the total child
				  care operation, including the physical setting, administration, staff,
				  equipment, program, and care of children.
46. "Non-applicant child" means any dependent
				  child living in the household up to age eighteen (18), who is not included in
				  the family's request for the CCAP authorized child care services.
47. "Non-temporary change in status" means a
				  non-temporary change in employment or education and training status due to
				  permanent loss of work or cessation of attendance at an approved education and
				  training
48. "Office of child care"
				  means the unit within the DHS responsible for administering the CCAP, approving
				  child care providers participating in the program, and maintaining the CCAP
				  Central Provider Directory.
49.
				  "Office of Internal Audit Fraud Detection and Prevention Unit" or "OIA FDP"
				  means the Rhode Island State agency with statutory responsibility for
				  investigating and auditing the possible existence of any activity constituting
				  fraud, waste, and/or abuse.
50.
				  "One-parent home" means a family in which there is only one (1) parent living
				  in the household with financial responsibility for the eligible
				  child(ren).
51. "Parent" means any
				  person in the household who is legally and financially responsible for the
				  routine care of the applicant child(ren) including, but not limited to,
				  providing income, resources or other forms of support.
a. A person seeking the CCAP authorized
				  services for a dependent child is considered to be a parent for the CCAP
				  eligibility purposes if so deemed for any other Department of Human Services
				  program(s).
b. The term parent is
				  used broadly in this Rule to refer to biological, adoptive, or stepparents, as
				  well as legal guardians or caretaker relatives of an acceptable degree as
				  defined in Part 2 of this Subchapter, the Rhode Island Works Rules and
				  Regulations.
52.
				  "Pre-School age child" means a child from age three (3) up to entry into the
				  first (1st) grade of a public or private elementary
				  school program. A child who will reach age seven (7) on or after September
				  1st in a given school year shall not be considered a
				  pre-school age child under any circumstances.
53. "Quality rating and improvement system"
				  or "QRIS" means systemic approach to assess, improve, and communicate the level
				  of quality in early and school-age care and education programs.
54. "Relationship, acceptable degree" means
				  dependent child must be living with a relative of acceptable degree of
				  relationship in a home maintained by such relative. The establishment of
				  relationship is either biologically, through marriage, or through legal
				  guardianship.
a. When the relative with whom
				  the child lives is not the biological or adoptive parent, the term
in
				  loco parentis
(in place of the parent) is used.
b. Spouses of any of the persons in the
				  listed groups meet the relationship requirement and continue to meet it even
				  after the marriage is terminated by death or divorce.
55. "Relative" means an individual at least
				  eighteen (18) years old who is the grandparent, great-grandparent, aunt/uncle,
				  or sibling not living in the home. As it pertains to licensed-exempt providers,
				  the individual must be at least twenty-one (21) years old. The status of
				  relative is established by blood, marriage or court decree.
56. "Rhode Island public institution of
				  higher education" means Community College of Rhode Island, Rhode Island
				  College, or University of Rhode Island.
57. "Rhode Island Works Program" or "RI
				  Works" means the Rhode Island State program authorized by R.I. Gen. Laws
				  Chapter 40-5.1
et seq.
, that provides cash assistance and
				  support to families who meet certain requirements. RI Works beneficiaries are
				  categorically eligible for fully-subsidized CCAP services if they meet the
				  requirements established in §
											4.5   of this Part.
58. "School age care environment rating
				  scale-revised" or "SACERS-R" means a research-based assessment tool that
				  measures environmental indicators of quality of group programs for children of
				  school age, five (5) through twelve (12) years.
59. "School-age child" means a child through
				  age twelve (12), or who turns thirteen (13) years during the eligibility
				  period, enrolled in at least the first (1st) grade
				  in a public or private school program. Certain children with special needs may
				  be categorized as school age through the age of eighteen (18) and qualify for
				  the CCAP child care services as detailed in §
											4.3.1   of this
				  Part.
60. "Short-term special
				  approval" or "SSACC" means the continuation of the CCAP authorized services
				  despite the temporary reduction in employment or RI Works employment plan
				  participation as a result of a documented serious health condition or related
				  circumstance in the family that creates an immediate need to continue the CCAP
				  authorized child care services on a temporary basis, as provided in §
											4.7    of this Part.
61. "Successfully
				  screened provider" means a provider that has no disqualifying information or
				  evidence of criminal activity in background clearances and criminal record
				  checks of the individual seeking the CCAP approved license exempt provider
				  status or of any of the adults living in the provider's household. Child care
				  providers who possess a valid DHS license to operate, and who are seeking the
				  CCAP approved status, must be successfully screened in accordance with the R.I.
				  Gen. Laws §
											40-13.2-1
et seq.
62. "Summer camp" means a program serving
				  eligible school age children during periods when school is out-of-session
				  licensed by DHS and approved by DHS as a CCAP provider. Summer camps must meet
				  applicable State laws and Regulations pertaining to child health and safety and
				  any other applicable DHS requirements.
63. "Teen and Family Development" or "TFD"
				  means a program, provided through local community agencies, that provides
				  assistance to pregnant/parenting teens engaged in approved education and
				  training programs. TFD participants may be RI Works participants, employed,
				  attending high school/GED classes, or a combination. Participants enrolled in
				  the Teen and Family Development program receive assistance with case management
				  and supportive services to assist with increasing self-sufficiency through
				  education and/or employment. This program was previously known as Youth
				  Services.
64. "Temporary change in
				  status" means a temporary change in the ongoing status of the child's parent as
				  working or attending a job training or educational program shall include:
a. Any time-limited absence from work for an
				  employed parent due to reasons such as the need to care for a family member or
				  an illness;
b. Any interruption in
				  work for a seasonal worker who is not working between regular industry work
				  seasons;
c. Any student holiday or
				  break for a parent participating in training or education;
d. Any reduction in work, training or
				  education hours, as long as the parent is still working or attending training
				  or education; or
e. Any other
				  cessation of work or attendance at a training or education program that does
				  not exceed three (3) months.
65. "Toddler" means a child over the age of
				  eighteen (18) months, up to the age of three (3) years.
66. "Two-parent home" means a family in which
				  the two (2) parents live in the same legal household as, and share financial
				  responsibility for, the applicant's dependent child/children.