Section 18084.2 The Family’s Right to Voluntarily Report Changes
Section 18084.3 Requirement to Report When Income Exceeds Ongoing Income Eligibility
HIGHLIGHTS 4 Major Areas:
Families certified for services on the basis of seeking employment shall receive services for not less than 12 months.
All families must be recertified at least one each contract period, and no sooner than 12 months from when they were last certified.
Families may voluntarily report changes decreasing their service need under specific conditions.
Families must report within 30 days if income exceed 85 percent of state median income (SMI).
The information in the Guidance supersedes the information in current 5CCR regulations and FTCs. Refer to the Guidance when enrolling families or reviewing Policies.
A payment made by a child care and development program for a child during this period shall not be considered an error or an improper payment due to a change in the family’s circumstances during the same 12-month period.
The GAU will only be verifying information at:
Initial certification, and at
Recertification
July 28, 2017 Webinar: Budget Act of 2017: Review of Management Bulletins and Overview of 12-month Eligibility Provisions- in partnership with CAPPA
On Friday, July 28th, CAPPA supported CDE/EESD with a webinar focused on MB 17-08, 17-09 and 17-10 in addition to answering submitted questions regarding 12-month eligibility.
Although the webinar started out with technical challenges, by the time we got to the Q&A portion of the webinar, it was clear.
Webinar Recording (Click the Vimeo Logo on the bottom right-hand side of the video to watch in full screen view):
If you did not listen to the webinar, we encourage you do so as it was full of rich information. Additionally, it was very clear particularly during the Q&A portion of the webinar, that there are clear objectives that CDE is using as reference to answering questions and drafting Management Bulletins (MBs). They are:
1. CDE directives and input will fall on the side of what is in the best interests of the child.
2. Continuity of care for 12 months.
3. Hold Harmless will be applied to agencies that are implementing the increase in the SMI, family fees and 12-month eligibility consistent with the 2017-18 budget bill and trailer bill intent. As noted during the webinar, "Errors and overpayments will not be looked at (Hold Harmless) if implemented in accordance with Education Code Section 8263(i)1:
4. Memorize Education Code Sections 8263(h) below and (i) above.
8263 (h) (1) Except as provided in paragraphs (2) to (4), inclusive, upon establishing initial eligibility or ongoing eligibility for services under this chapter, a family shall be considered to meet all eligibility and need requirements for those services for not less than 12 months, shall receive those services for not less than 12 months before having their eligibility or need recertified, and shallnot be required to report changes to income or other changes for at least 12 months.
(2) A family that establishes initial eligibility or ongoing eligibility on the basis of income shall report increases in income that exceed the threshold for ongoing income eligibility as described in subdivision (b) of Section 8263.1, and the family's ongoing eligibility for services shall at that time be recertified.
(3) A family that establishes initial eligibility or ongoing eligibility on the basis of seeking employment shall receive services under this chapter as follows:
(A) If seeking employment is the basis for initial eligibility, the family shall receive services under this chapter for not less than six months.
(B) If, at the time of recertification, the only basis established for ongoing eligibility is a parent's need to seek employment, the family shall receive services for no less than six months.
(4) A family may at any time voluntarily report income or other changes. This information shall be used, as applicable, to reduce the family's fees, increase the family's services, or extend the period of the family's eligibility before recertification.
Hold Harmless will be applied to agencies that are implementing the increase in the SMI, family fees and 12-month eligibility consistent with the 2017-18 budget bill and trailer bill intent. As noted during the webinar, "Errors and overpayments will not be looked at (Hold Harmless) if implemented in accordance with Education Code Section 8263(i)
To understand the intent behind these directives, it is strongly suggested that Education Code Sections 8263(h) and (i) be read and memorized, as clear language on the guiding principals behind anticipated directives is given.
Again, it could not have been emphasized any stronger that if your agency implements in accordance with the the changes in law enacted as part of the 2017-18 budget package above laws that went into effect on July 1, 2017, CDE will have a hold harmless applied for purposes of reviews.
This webinar was very clear that the work we do is going to get greatly streamlined and will definitely support families with continuity of care and greater stability for children.
CAPPA is going to work with CDE to write out answers to the six pages of questions that you have all submitted. CDE will host these responses on their website, but CAPPA will have a link to them on the same page where we will host this webinar and PPT for reference.
Other:
Q: What is the October 1, 2017 deadline?
A: That is the deadline wherein CDE must provide through MBs or letters of instruction on how to implement the laws that are now in place. Below is the language clarifying October 1, 2017 in the Education Code Section 8263.
(j) (1) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and Section 33308.5 of this code, until regulations are filed with the Secretary of State to implement subdivision (h), the department shall implement subdivision (h) through management bulletins or similar letters of instruction on or before October 1, 2017.
MB 17-11: Revised Family Fee Schedule is currently in the approval process, and will be posted in the near future. Additional MBs associated with implementation of the Budget Act of 2017 are forthcoming.
Finally, EESD has put a hold on issuing more answers to questions regarding past MBs. The reason for this is that the newly enacted 2017-18 budget has provided the conduit needed to reexamine and do away with burdensome reporting requirements and transfer issues that exist between CalWORKs Stage 1 and Stage 2 child care. ___________________________________________________________________________________________________
CDE Releases 12-Month Eligibility and CalWORKs Regulations CDE has released a regulatory package on 12-month eligibility and CalWORKs. The 45-day comment period starts today and ends on February 11, 2019.
The California Department of Social Services (CDSS) has amended regulations pertaining to CalWORKs, within the Eligibility and Assistance Standards Manual. The changes are detailed in CDSS Manual Letter No. EAS-18-05
October 1, 2018 EESD will now be known as the California Department of Education Early Learning and Care Division (EELC)
Strategic Plan 2018-2023 California Department of Education Early Learning and Care Division VISION All California's children have a strong early learning and care foundation, supporting the whole child and school and lifelong success. MISSION Lead an innovative, inclusive, and high-performing early learning and care system by advancing equitable opportunities that optimize thriving children, families, and communities.
Three Priorities:
Priority 1: One System - Create One System with a Collective Voice and Lead Systems Alignment and Reform
Priority 2: Equity, Capacity and Quality - Address Equity by Building Capacity and Quality Across Agencies, Programs, Settings, Communities, and the Early Learning and Care Workforce
Priority 3: Integrity, Stewardship, and Excellence - Provide Reliable Leadership, Service, and Support
August 30, 2018 The CDE is pleased to announce the release of an Early Learning Career Lattice, which was recently approved by the State Advisory Council on Early Learning and Care at its June 20, 2018, meeting. Learn more here.
August 7, 2018 California Child Care Study This is a message from the California Department of Education (CDE), Early Education and Support Division (EESD):
We are writing to announce the beginning of the data collection process of the California Child Care Study, a state-wide study about subsidized child care and the families who use it. As an early childhood organization, you can help by sharing details about the study and encouraging early care and education providers and families to participate. This study is being conducted by Child Trends, Inc., for the California Department of Social Services and the CDE.
The study will collect data about the local agencies that manage child care subsidies, the families who use that care, and the early care and education providers who serve them. State departments will use these data to inform policies and potential changes to child care services for eligible families.
Attached to this e-mail are the California Child Care Study Project Overview, and the joint letter from the Director of the CDE/EESD, and the Branch Chief, CalWORKs and Child Care Branch, CDSS, to all the EESD Contractors, Program Directors, and County Welfare Departments, requesting cooperation and assistance in the data collection.
California Child Care Study Project Team
August 3, 2018 CDSS has scheduled a Public Hearing on September 19, 2018, to receive testimony on proposed regulations concerning Safe Sleep for infants in childcare facilities.Learn more here.
August 1, 2018 MB 18-05:Transfer of Families into a California Work Opportunity and Responsibility to Kids Stage 2 Child Care Program
July 6, 2018 MB 18-03:Subject: Revised State Median Income for 2018-19
July 5, 2018 2018-19 Family Fee Calculator Please be advised that the new Family Fee Calculator for fiscal year 2018-19 became live on July 2, 2018. The 2018-19 Family Fee Calculator is another tool that can be used when assessing family fees during certification and recertification. The revised Family Fee Calculator is based on the updated State Medium Income thresholds and can be found at HERE.
May 10, 2018 Implementation of Statewide Accounting System: FI$CAL The Child Development and Nutrition Fiscal Services (CDNFS) Office is forwarding you a copy of the "Implementation of Statewide Accounting System: FI$CAL" letter. Read the letter here.
May 8, 2018 The satellite locations are now confirmed for The public hearing on the draft of the State Plan EESD Input Opportunities for 2019-21 CCDF State Plan Web page.The hearing will take place Tuesday, May 15, 2018 from 9:00 a.m. to 12:00 p.m.
May 4, 2018 CCDF FY 2018 Allocation Table for States and Territories Based on Appropriation
April 27, 2018 Updated 12-month Eligibility Information This is to inform all CDE, EESD contractors that seven more answers to frequently asked questions (FAQ) relevant to 12-month eligibility have been posted on the Budget Implementation
April 20, 2018 Public Hearing for the 2019-2021 Child Care and Development Fund (CCDF) State Plan Tuesday, May 15, 2018 9:00 a.m. to 12:00 p.m.
April 16, 2018 Notice of Repeal of AB 404
The purpose of this informational notice is to inform contractors of recent legislative changes and the implications to your programs. Last year, Governor Brown signed Assembly Bill (AB) 404 and it became effective July 1, 2017. This bill added Section 11004.5 to the Welfare and Institutions Code and stated that foster care payments shall not be considered income of the foster parent or the child for the purposes of determining eligibility for child care services.Recent legislation, specifically AB 1694, approved by Governor Brown on April 6, 2018, repeals AB 404, effective immediately. Contractors shall consider foster care payments of the foster parent or the child as income in calculating total countable income for the purposes of determining eligibility for early care and education services, and for determining the family fees associated with those services, when applicable. The CDE is aware that some contractors between July 1, 2017, and April 5, 2018, may have considered the income from foster payments to foster parents or children in calculating income during the process of certifying eligibility of families based on the provisions of last year’s AB 404. As a reminder, those families’ certification is valid for no less than twelve months. However, if the foster parent or child is still receiving foster care payments at the end of the twelve-month period, that income must be included in their total countable income for the purposes of determining their eligibility at recertification.
April 2, 2018 Management Bulletin 18-02 Subject: Service Need-Engaged in an Education Program for English Language Learners or to attain a High School Diploma or High School Equivalency Certificate
January 31, 2018 12-month Eligibility Regulation Input
The Budget Act of 2017 requires the CDE to convene a workgroup to solicit input for developing regulations regarding the provisions of California Education Code 8263(h), 12-month eligibility. In order to garner as much input as possible, the EESD Policy Office has opened an e-mail address to gather input/recommendations from any interested party. Please e-mail your input/recommendations to [email protected]. This e-mail address will be available until the close of business on Wednesday, February 28, 2018. The input/recommendations submitted will be considered when CDE drafts the regulations. As part of the rulemaking process, once the regulation changes to the California Code of Regulations, Title 5, are written, there will be an opportunity for public comment before the regulations are finalized. For questions specifically related to your agency, please contact your EESD Field Services Office Consultant by phone at 916-322-6233. A listing of Field Services Office Consultant regional assignments is located on the CDE Consultant Regional Assignments Web page at https://www.cde.ca.gov/sp/cd/ci/assignments.asp.
January 25, 2018 A manual letter (EAS-18-03) containing amendments to the California Department of Social Services' Eligibility and Assistance Manual has been uploaded onto the Department's website.
January 24, 2018 The California Department of Social Services has scheduled a public hearing for March 14, 2018, to receive testimony on the CalWORKs Income or Household Composition Reporting, ORD No. 0717-18, regulations package. Details can be found by clicking Here.
January 20, 2018 A manual letter containing revisions CDSS' Eligibility and Assistance Standards Manual has been uploaded onto the Departments' website. Click herefor more information.
January 12, 2018 CDSS has scheduled a public hearing for February 28, 2018, to receive testimony on the "CalWORKs Program: Subsidized Employment, Approved Career Pathways and Post-Aid Services" regulations package. Click Herefor more information.
December 29, 2017 ALL COUNTY LETTER (ACL) 17-125. Guidance exempts benefits and related allowances received from the United States Department of Veterans Affairs (VA) for education, training, vocation or rehabilitation from consideration as income when determining CalWORKs eligibility and calculating grant amounts for veterans, dependents of veterans and spouses, under specified circumstances.
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