Section R986-700-702 - General Provisions(1)(a) CC is provided to support employment for a qualified household with at least one minor dependent child who is a United States citizen or who meets qualified alien status.(b) CC for approved education and training activities, job search, or for an approved temporary change as defined in Section R986-700-703 may be authorized in accordance with this rule.(2) CC is available, as funding permits, to a client who is employed or is participating in activities that lead to employment, and is:(a) a parent, including a foster care parent who receives foster care reimbursement from the Utah Department of Health and Human Services, Division of Child and Family Services, or its successor;(b) a specified relative;(c) a client who has been awarded custody or appointed guardian of the child by court order and both parents are absent from the home; or(d) as determined by the Department on a case-by-case basis, a client acting as a child's guardian although no court order exists and both parents are absent from the home.(3)(a) Except for FEP CC and transitional CC, household eligibility is determined for a minimum period of 12 months.(b) The eligibility period and eligibility review may be extended to no more than 12 months, but may not be shortened to less than 12 months.(c) Each requested verification must be provided at the time of the application and review.(d) The application or review is not complete until the client has completed, signed, and returned each necessary application or review form to the local office or through the Department's online portal.(e) If the Department determines the household's gross monthly income exceeds the percentage of the state median income as determined by the Department under Subsection R986-700-710(4), the Department may terminate CC even if the certification period has not expired.(4)(a) CC is provided only for a child who lives in the home of the client and only during hours when no parent or other guardian is available to provide care for the child.(b) The child must have a need for at least eight hours of child care per month to be eligible for CC.(5) The need for each child shall be reported at the time of the application or review. After the initial approval, the need for additional children shall require a new application for assistance. If a client is eligible to receive CC, each of the following children, living in the household unit, are eligible at the time of application or review: (a) a child under the age of 13 years; and(b) a child up to the age of 18 years if the child is under court supervision or meets the requirements of Section R986-700-717.(6) When a request is made for an additional child to be added to an open CC case, a new application is required. The household must meet all eligibility requirements that the household was subject to at the time of the most recent approval. The eligible child may be added for a minimum of 365 days or 12 full months of benefits and the review for the household may be extended, as follows.(a) If parent participation does not change, the additional child shall be added to the existing locked-in benefit at its current amount and the review will be extended for a minimum of 12 full months from the first full month of the new child's participation.(b) If parent participation decreases, but continues to meet the minimum work requirement, the new child will be added to the existing locked-in benefit at its current amount and the review will be extended for a minimum of 12 full months from the first full month of the new child's participation.(c) If adding a child increases the benefit, specifically a decrease in co-pay or increased hours, the household benefit will increase for the next 12 months from the first full month of the new child's participation.(7) When requesting to add a child to an open case, CC will be denied for the additional child if the household does not meet all eligibility requirements to which the household was subject at the time of the most recent approval. The remaining children who were determined to be eligible will remain eligible through the end of the current review period.(8)(a) The child care needs of a client who qualifies for CC will be paid if and as funding is available.(b) When the child care needs of an eligible applicant exceeds available funding, the applicant will be placed on a waiting list. (i) Eligible applicants on the waiting list will be served as funding becomes available.(ii) Special needs children, homeless children, and FEP or FEPTP eligible children will be prioritized at the top of the waiting list and will be served first.(iii) "Special needs child" is defined in Section R986-700-717.(9)(a) CC is issued monthly based on a client's eligibility for services in that month.(b) The amount of CC might not cover the entire cost of care.(10)(a) A client is only eligible for CC if the client has no other options available for child care.(b) Clients are encouraged to obtain child care at no cost from a parent, sibling, relative, or other suitable provider.(c) If suitable child care is available to a client at no cost from another source, CC cannot be provided.(11)(a) CC may only be provided by an eligible provider approved by the Department and will not be provided for illegal or unsafe child care.(b) Illegal child care is care provided by a person or facility required to be licensed or certified but where the provider has not fulfilled the requirements necessary to obtain the license or certification.(12)(a) CC will not be paid for the care of a client's own child during the time the client is working as a caregiver in the same residential setting where care is being provided.(b) CC will not be approved where the client is working for an approved child care center and regularly watches the client's own children at the center or has an ownership interest in the child care center.(c) CC will not be paid for the care of a client's own child if the client is also the licensee or is a stockholder, officer, director, partner, manager, or member of a corporation, partnership, limited liability partnership or company, or similar legal entity providing the child care.(d)(i) A person who is self-employed as a child care provider cannot receive CC for child care provided for that person's children during the time the person is working as a child care provider, regardless of where the person's child receives child care.(ii) A person who is self-employed as a child care provider may receive CC when needed for approved activities while the person is not engaged in child care.(13) Neither the Department nor the state is liable for an injury that may occur when a child is placed in child care even if the parent receives CC from the Department.Utah Admin. Code R986-700-702
Amended by Utah State Bulletin Number 2014-20, effective 10/1/2014Amended by Utah State Bulletin Number 2015-10, effective 5/1/2015Amended by Utah State Bulletin Number 2016-18, effective 8/25/2016Amended by Utah State Bulletin Number 2016-19, effective 10/1/2016Amended by Utah State Bulletin Number 2017-20, effective 9/21/2017Amended by Utah State Bulletin Number 2018-14, effective 7/1/2018Amended by Utah State Bulletin Number 2020-03, effective 1/9/2020Amended by Utah State Bulletin Number 2021-14, effective 7/1/2021Amended by Utah State Bulletin Number 2022-06, effective 3/31/2022Amended by Utah State Bulletin Number 2022-13, effective 7/1/2022Amended by Utah State Bulletin Number 2023-14, effective 7/3/2023Amended by Utah State Bulletin Number 2024-21, effective 10/18/2024