Section 3041.3. Definitions

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

Adjusted family income—Gross countable family income, minus allowable deductions.

Annual income—The family’s adjusted monthly income, multiplied by 12 months.

Appeal—A written or oral request by a parent, caretaker or individual acting on behalf of a parent or caretaker for a hearing under Chapter 275 (relating to appeal and fair hearing and administrative disqualification hearings), indicating disagreement with a Departmental or eligibility agency action or failure to act that affects the family’s eligibility for subsidized child care.

Application—A signed, dated request by a parent, caretaker or individual acting on behalf of a parent or caretaker for subsidized child care.

CAO—County Assistance Office—The local office of the Department responsible for the determination of eligibility and service delivery in the Cash Assistance, Food Stamp and Medical Assistance Programs.

Caretaker—An individual who has legal custody of the child, a foster parent, a grandparent, an aunt or an uncle who lives with and exercises care and control of a child.

Child care—Care in lieu of parental care for part of a 24-hour day.

Collateral contact—A form of verification in which the eligibility agency obtains information from a third party.

Co-payment—The weekly amount the family pays for subsidized child care.

Department—The Department of Human Services of the Commonwealth.

Disability—A physical or mental impairment that precludes a parent or caretaker from participating in work, education or training.

Disqualification—The prohibition against receipt of subsidized child care that results from fraud or an intentional program violation.

Domestic and other violence (domestic violence)—Includes one of the following:

(i) A physical act that results in, or threatens to result in, physical injury to the individual.

(ii) Mental abuse, including stalking, threats to kidnap, kill or otherwise harm people or property, threats to commit suicide, repeated use of degrading or coercive language, controlling access to food or sleep and controlling or withholding access to economic and social resources.

(iii) Sexual abuse.

(iv) Sexual activity involving a dependent child.

(v) Being forced as the caretaker or relative of a dependent child to engage in nonconsensual sexual acts or activities.

(vi) A threat of, or attempt at, physical or sexual abuse.

(vii) Neglect or deprivation of medical care.

Education—An elementary school, middle school, junior high or high school program including a general educational development program.

Eligibility agency—The entity designated by the Department with authority to purchase subsidized child care and determine a family’s eligibility and co-payment.

Eligibility determination—A decision regarding whether a family qualifies for the subsidized child care program and a determination of the co-payment.

Eligibility redetermination—A semiannual review by the eligibility agency to determine if a family continues to qualify for subsidized child care, including a review of the co-payment.

Employment—Working for another individual or entity for income.

FPIG—Federal Poverty Income Guidelines—The income levels published annually in the Federal Register by the United States Department of Health and Human Services.

Family—The child or children for whom subsidized child care is requested and the following individuals who live with that child or children in the same household:

(i) A parent of the child.

(ii) A caretaker and a caretaker’s spouse.

(iii) A biological, adoptive or foster child or stepchild of the parent or caretaker who is under 18 years of age and not emancipated by marriage or by the court.

(iv) An unrelated child under the care and control of the parent or caretaker, who is under 18 years of age and not emancipated by marriage or by the court.

(v) A child who is 18 years of age or older but under 22 years of age who is enrolled in a high school, a general educational development program or a post-secondary program leading to a degree, diploma or certificate and who is wholly or partially dependent upon the income of the parent or caretaker or spouse of the parent or caretaker.

Fraud—The intentional act of a parent or caretaker that results in obtaining, continuing or increasing child care subsidy for which the family is not eligible and that involves any of the following:

(i) A false or misleading statement.

(ii) The failure to disclose information.

Income—Includes the following:

(i) Earned income including gross wages from work, cash and in-kind payments received by an individual in exchange for services and income from self-employment.

(ii) Unearned income including cash and contributions received by an individual for which the individual does not provide a service.

(iii) Unearned benefits received periodically by an individual, such as unemployment compensation, worker’s compensation or retirement benefits.

Maximum child care allowance—The payment ceilings set by the Department for child care services provided to families eligible for subsidized child care.

Overpayment—The receipt of subsidy for a child for which the family is or was not eligible or an amount in excess of the amount for which the family was eligible.

Parent—The biological or adoptive mother or father, stepmother or stepfather who exercises care and control of the child for whom subsidy is requested.

Partial redetermination—A review of eligibility that occurs before the next scheduled redetermination date and does not include a review of each eligibility factor.

Prospective work, education or training—Employment, education or training verified by the employer, school official or training official to begin no later than 30 calendar days following the date the parent or caretaker signs and dates the application for subsidized child care or no later than 60 calendar days following the loss of current employment.

Provider—An organization or individual that directly delivers child care services.

Published rate—A provider’s daily charge for a child who does not receive subsidized child care.

Recoupment—Recovery of an overpayment by increasing the co-payment or other payment arrangement.

Self-certification—A written statement provided by a parent or caretaker for the purpose of establishing selected factors of nonfinancial eligibility.

Self-declaration—A written statement provided by the parent or caretaker for the purpose of establishing financial or nonfinancial eligibility for a period of time not to exceed 30 calendar days.

Self-employment—Operating one’s own business, trade or profession for profit equal to or greater than the hourly Pennsylvania minimum wage.

Subsidized child care—Child care service paid for in part with State or Federal funds.

Subsidy suspension—A temporary lapse of subsidized child care that does not affect the family’s eligibility status.

TANF—Temporary Assistance for Needy Families Program—

(i) A Federal nonentitlement program under sections 401—419 of the Social Security Act (42 U.S.C.A. § § 601—619) that provides cash assistance to families including dependent children and an adult.

(ii) The term includes extended TANF benefits that are received beyond the 5-year TANF period.

Training—

(i) Instruction that provides the skills or qualifications necessary for a specific vocation or field of employment.

(ii) The term includes adult basic education, English as a second language, a 2-year or 4-year postsecondary degree program, an internship, clinical placement, apprenticeship, lab work and field work required by the training institution.

Verification—

(i) The process of confirming information needed to determine eligibility for subsidized child care.

(ii) The term includes documentary evidence or information obtained through collateral contacts, self-certification and self-declaration.

Waiting list—A record maintained by the eligibility agency of the names of families and their children determined eligible to receive subsidized child care, but for whom subsidy is not currently available.

Work—Employment or self-employment.

The provisions of this § 3041.3 amended April 13, 2012, effective April 14, 2012, 42 Pa.B. 2029. Immediately preceding text appears at serial pages (312078) to (312081).

Notation

Authority

The provisions of this § 3041.3 amended under sections 201(2), 403(b) and 403.1 of the Public Welfare Code (62 P. S. § § 201(2), 403(b) and 403.1).