2800 - REQUIREMENTS SPECIFIC TO THE CHILD CARE PROGRAM

 

2810 General Requirements - Any parent, guardian or caretaker of a child who has a need for child care services who resides in Kansas and is able to act on his or her own behalf may be determined eligible for child care for a child from birth through the last month of the eligibility period in which the child's 13th birthday has been reached. They may also apply for child care for children age 13 through 18 if the child is physically or mentally incapable of caring for him or herself or if the child is under court supervision. (Initial eligibility for a 13 year old shall not be established unless the child meets this criteria.) The concepts of simplified eligibility and "prudent person" outlined in 1300 and subsections will be followed when determining eligibility for child care assistance.

 

The client must have a personal and, for certain categories of child care, a financial need for child care assistance. (See 7540 for financial need criteria.)

 

2820 Personal Need - To be eligible, the client must have a personal need for child care. Child care needs vary from family to family and should be evaluated on a case-by-case basis. Personal needs of the client may include:

 

  1. Maintain Employment - Child Care to Maintain Employment. For Income Eligible (Non-TANF) child care, if employment is the reason for child care, the adult(s) must be employed at least 20 hours per week and earning at least the federal minimum wage per hour. See KEESM section 2835 for exceptions. For TANF related child care, there is no minimum number of hours of employment required to qualify for child care.
     
  2. Work Program Participation - Child Care for Work Program Participation for TANF.

  3. Food Assistance E&T Participation - Food Assistance E&T Participants.
     
  4. Teen-Parent Education and Training - Child Care for Teen Parents to Complete High School/GED.
     
  5. Social Services - Child Care for Parents with Crisis.    
     
  6. Post-Secondary Education - Child Care for Employed Persons Also Attending Approved Education/Training .

  7. EHS Partnership - Child Care for persons participating in the Kansas Early Head Start/Child Care Partnership program.

  8. Child Care for Children in Foster Care - Child care is provided by DCF under the social service need reason for any child in foster care, whether in a relative or non-relative kinship placement or placed with a licensed foster family. These families may or may not be receiving a foster care payment from the foster care contractor. Child care is provided by DCF for any of the above reasons when the child is an adjudicated juvenile offender.      
     

    NOTE: Respite care, which is defined as child care which is provided to allow time away from a child is not considered a personal need and is not paid for through child care funds.

    NOTE: If a self-employed person who has completed 6 full months of self-employment is not earning the equivalent of the federal minimum wage per hour by the end of the current 12-month eligibility period, child care plans will end and the review will be denied.

 

The agency may determine there is no personal need when the hours of employment, school or work participation fall within children's school hours; there are individuals in the TANF assistance unit whose needs are met on the basis of their responsibility for caring for the child; or there is another legally responsible person in the home who is available to provide child care.

 

Examples - The personal need criteria would not be met if a child is attending school during the hours of employment.

 

The personal need criteria would not be met in situations where the mother of the children is employed, but the father of the children is not employed. The father would be expected to provide care. Staff are allowed discretion in these situations to also account for the father's capability and appropriateness to provide care.

 

When a grandparent or other non-legally responsible adult is in the home (on the case or not) and is available but unwilling to provide child care to support the personal need established earlier in this section, they are not required to do so. If the grandparent or other non-legally responsible provider is not willing to provide care, child care may be approved for another provider; however, if they are willing to provide care, the grandparent or other non-legally responsible adult in the home (on the case or not) cannot be paid to provide care for the child. (See 7600.)

 

Examples - Child lives with mother and step-father. The mother is employed and is requesting child care to support her employment. The step-father does not wish to provide care while the mother is at work. He is not required to do so, and child care can be approved based on the mother's employment if both the mother and step-father are employed at least 20 hours per week.

 

Child lives with their grandmother and grandfather. Neither adult is employed, but they are requesting child care. This would be seen as respite care, and would not meet the personal need criteria for the family. Child care would not be approved.

 

See the KEES User Manual for further information on system processing.