Summary
The state's child care subsidy program is funded primarily through the federal Child Care and Development Fund (CCDF). Congress passed a reauthorization of the CCDF (42 U.S.C. 9858 et seq.) in November 2014, and regulations implementing the reauthorized CCDF requirements became final in November 2016 (see 45 CFR Part 98; 81 FR 67438). These regulations imposed new requirements on states receiving CCDF monies. In particular, the regulations require states to provide child care subsidies during certain allowable "temporary change" periods following a change in circumstances for a parent client receiving a subsidy. The regulations also require additional classes of child care providers and their employees to undergo background checks as a condition of being employed in a facility that receives CCDF funding. The present rule sets forth eligibility criteria, reporting requirements, and application procedures for the "temporary change" program. It also codifies the requirements for license-exempt child care providers that receive CCDF funds to obtain background checks for all employees who will have unsupervised access to children as well as family members living in the home or facility where the child care is being provided. The rule also discards a provision allowing the Department to excuse a provider or individual from the background check requirement. In addition, the rule makes other changes that are primarily aimed at making the Department of Workforce Services' enforcement efforts more effective and codifying Department policy where necessary for enforcement. Specifically, the rule provides new standards for client reporting of material changes in their circumstances, spells out when multiple providers may be paid on one client s behalf in a given month, changes the monthly reporting timeframes for providers, removes the threat of an overpayment for providers caring for children that are not in child care by the 15th of each month (so long as the provider timely reports the child's absence), changes the enforcement timeframe for record-keeping by providers to bring it in line with other elements of the existing rule, sets out a certification procedure for providers to follow to certify the monthly attendance of children who receive child care subsidies, and formalizes Department rules regarding the need for an Employer Identification Number or other tax ID number for each provider. Further, the rule makes technical changes to appeal procedures for those seeking to appeal adverse actions. Specifically, the rule clarifies that appeals of licensing-related issues are to be made to the Office of Child Care Licensing, which enforces those requirements, and also formally allows for providers who are removed from approved provider status to appeal that decision in the same manner as those that appeal a provider disqualification. Finally, the rule closes client eligibility pathways that were intended to be closed previously but were not effectively closed in the prior rule, such as eligibility for clients who receive less than eight hours of child care per month and clients who regularly care for their own children as part of their employment. These changes are expected to save funds for the Department and will bring the eligibility requirements more in line with the purposes of the child care program. The Department has rulemaking authority under Section 35A-3-310.