TITLE 22. SOCIAL SERVICES
REGISTRAR'S NOTICE: The State Board of Social Services is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 1 of the Code of Virginia, which excludes agency orders or regulations fixing rates or prices. The State Board of Social Services will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.
Title of Regulation: 22VAC40-661. Child Care Program (amending 22VAC40-661-40).
Statutory Authority: § 63.2-217 of the Code of Virginia; 45 CFR 98.11 and 45 CFR 98.42.
Effective Date: August 15, 2014.
Agency Contact: Mary Ward, Child Care Subsidy Program Manager, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7638, FAX (804) 726-7655, or email mary.ward@dss.virginia.gov.
Summary:
The amendment changes the methodology for determining the child care subsidy copayment for participating families to a sliding scale based on family size and income and clarifies the maximum income eligibility limits for assistance. The change to a copayment sliding scale is necessary to comply with 45 CFR 98.42.
22VAC40-661-40. State income eligible scale and copayments.
A. State income eligible scale. The department establishes the scale for determining financial eligibility for the income eligible child care programs. Income eligibility is determined by measuring the family's income and size against the percentage of the federal poverty guidelines for their locality, not to exceed 85% of the state median income. Income to be counted in determining income eligibility includes all earned and unearned income received by the family except: Supplemental Security Income; TANF benefits; general relief; food stamp benefits; child support paid to another household; earnings of a child under the age of 18 years; garnished wages; earned income tax credit; lump sum child support payments; and scholarships, loans, or grants for education except any portion specified for child care.
Unless a local alternate scale is approved, the income eligibility scale established by the department must be used for the transitional, Head Start, and fee programs. Proposed alternate sliding scales must be approved by the department prior to submission to the local board of social services.
B. Copayments. Copayments are established by the department. All families receiving child care subsidy have a copayment responsibility of 10% of their countable monthly income or the copayment established by an approved local alternate scale ranging from 5.0% to 10% of the family's income, taking family size and income into account, except that families whose gross monthly income is at or below the federal poverty guidelines who are recipients of TANF, participants in the FSET program, or families in the Head Start program will have no copayment. The family's copayment will be calculated using the following chart:
VA.R. Doc. No. R14-4071; Filed June 19, 2014, 11:27 a.m.