Neb. Admin. Code tit. 392 — Child Care Subsidy Program

Chapter 1 Background and General Information

Neb. Admin. Code tit. 392, ch. 1 Background and General Information {#sec-392-nac-1 omnilex-key=us-ne-regs-official--title-392--392 NAC 1}

001. DEFINITIONS . For use within the Child Care Subsidy Program, the following definitions apply:

001.01 APPLICANT. An individual applying for child care subsidy benefits.

001.02 APPLICATION. The action by which the individual indicates the desire to receive assistance by submission of an application.

001.03 APPLICATION SIGNATURE. Applications may be signed in writing, telephonically, or by electronic signature.

001.04 CHILD CARE. The provision of care:

(A) To children age 12 or younger unless there is a special need;

(B) For on average of less than 12 hours per day;

(C) For compensation, either indirect or direct;

(D) On a regular basis; and

(E) By a person other than the child(ren)’s parents or guardians.

001.04(A) Home schooling, education programs, and preschool are not considered child care.

001.05 CHILD CARE CENTER. A facility licensed to provide child care for 13 or more children.

001.06 CHILD CARE PROGRAM. A licensed child care center, a licensed family child care home I & II, a caretaker who provides care for a child in the child’s home, a relative who provides care solely for a related child, or a license exempt child care home.

001.07 CHILD CARE PROVIDER. An individual or agency that has:

(A) Applied and been approved as a participating provider for the Child Care Subsidy Program;

(B) Become licensed, if required;

(C) Been evaluated to ensure that applicable standards are met if no license is required;

(D) Signed a child care provider enrollment form; and

(E) Agreed to and signed any stipulations and documents required to be considered a participating provider.

001.08 CURRENT FAMILY. Those individuals and family members who are current recipients of an Aid to Dependent Children grant and those individuals whose needs were taken into account in determining the needs of Aid to Dependent Children recipients. This includes families where one or more members are not included in the Aid to Dependent Children unit because of receipt of Supplemental Security or Assistance to the Aged, Blind, or Disabled.

001.09 EARNED INCOME. Earned income is money received from wages, tips, salaries, commissions, self-employment, or items of need received in lieu of wages.

001.10 FAMILY CHILD CARE HOME I. A licensed child care operation in the provider's place of residence which serves at least four but no more than eight children at any one time. A Family Child Care Home I provider may be approved to serve no more than two additional school-aged children during non-school hours.

001.11 FAMILY CHILD CARE HOME II. A licensed child care operation either in the provider's place of residence or a site other than the residence, serving 12 or fewer children at any one time.

001.12 HOMELESSNESS. As defined by Subtitle VII-B of the McKinney-Vento Act.

001.13 INFANT. A child age six weeks to 18 months.

001.14 IN-HOME CHILD CARE. Care provided to a child in the child’s own home.

001.15 IN-KIND INCOME. In-kind income is any non-monetary consideration received by an individual in place of income for services provided or as payment of an obligation and is not considered.

001.16 IRREGULAR INCOME. Irregular income is small, unpredictable income, earned or unearned, which varies in amount from month to month, not computable, or which is received at irregular intervals. This may be due to irregular employment, but even when an individual works regularly, the income may be irregular because of factors such as seasonal increases or decreases in employment and earnings.

001.17 INTENTIONAL PROGRAM VIOLATION. Any action by an individual to intentionally:

(A) Make a false statement, either verbally or in writing, to obtain benefits to which the individual is not entitled;

(B) Conceal information to obtain benefits to which the individual is not entitled; or

(C) Alter one or more documents to obtain benefits to which the individual is not entitled.

001.18 LICENSE-EXEMPT FAMILY CHILD CARE HOME. A provider who is providing care in the provider’s own home, serving a maximum of three children from different families, or six children from one family.

001.19 LOW INCOME FAMILY. A family unit whose income is within 100 percent of the Federal Poverty Level.

001.20 LOW INCOME SLIDING FEE FAMILY. A family whose income exceeds 100 percent of the Federal Poverty Level but is equal to or less than 130 percent of the Federal Poverty Level.

001.21 PRESCHOOLER. A child age 36 months to school-age.

001.22 PROVIDER IDENTIFICATION NUMBER. A nine-digit Federal Identification (FID) Number or a nine-digit Social Security Number (SSN).

001.23 RECIPIENT. An individual who has applied for and been approved to receive subsidy benefits for child care.

001.24 RELATIVE. Grandparent(s), great grandparent(s), step-grandparents, sibling(s) or step-siblings, aunt(s), and uncle(s).

001.25 SERVICE PROVIDER ENROLLMENT FORM. A legally binding document describing the service(s) to be provided, the agreed-upon unit(s), and the unit rate(s) for each provider. The responsibilities of the provider are stated in the enrollment form.

001.26 SCHOOL-AGED CHILD. A child who attends kindergarten or above.

001.27 SLIDING FEE. A monthly out of pocket expense based on a percentage of the household’s gross income for all of the household’s children enrolled in the subsidy program.

001.28 SPECIAL NEEDS CHILD. A child will be considered to be special needs if the child’s independence, self-sufficiency, and safety is dependent on others and requires extra supervision, care, or assistance in the child care setting due to the following behavioral, emotional, or physical conditions:

(A) The child has been diagnosed by a physician, physician assistants, nurse practitioners, licensed or certified psychologist, or licensed mental health practitioner, to have a behavioral or emotional disorder which deviates substantially from behavior appropriate to the child’s age, or which significantly interferes with intellectual, social, or personal adjustment; or

(B) A physical disability or health impairment that causes chronic or acute health problems, that has been diagnosed by a physician, physician assistant, or nurse practitioner practicing within his or her scope of practice.

001.29 TEMPORARY CHANGE. Is a change in need for child care service not exceeding three months.

001.30 TRANSITIONAL CHILD CARE FAMILY. A family whose income upon redetermination exceeds 130 percent of the Federal Poverty Level but is less than 185 percent of the Federal Poverty Level.

001.31 TODDLER. A child age 18 months to 36 months.

001.32 WITHOUT REGARD TO INCOME FAMILY. A family who requires emergency Child Protective Services or requires Child Protective Family Services.

002. INDIVIDUAL RIGHTS . Individuals applying for or receiving subsidy benefits have the following rights:

(A) Anyone who wishes to request and apply for assistance must be given the opportunity to do so. No one may be denied the right to apply;

(B) A hearing on any action or inaction with regard to an application, the amount of the assistance, or failure to act with reasonable promptness. The appeal must be filed in writing within 90 days of the action or inaction;

(C) Have the individual’s information treated confidentially;

(D) Have the individual’s civil rights upheld. No person may be subjected to discrimination on the grounds of his or her race, color, national origin, sex, age, disability, religion, or political belief; and

(E) Have the program requirements, rights and responsibilities, and benefits fully explained.

003. INDIVIDUAL RESPONSIBILITIES . Individuals applying for or receiving subsidy benefits are required to:

(A) Provide complete and accurate information. State and federal law provide penalties of a fine, imprisonment, or both for persons found guilty of obtaining assistance or services for which the individual is not eligible by making false statements or failing to report promptly any changes in his or her circumstances;

(B) Complete an interview within 30 days of the date of application if notified that an interview is required;

(C) Cooperate with the Department or auditors during an audit;

(D) Pay the recipient’s sliding fee to the provider;

(E) If the individual does not cooperate with providing information or fails to comply with individual responsibilities, services for the children may be denied or terminated; and

(F) While an individual is applying for or participating in the program, the Department may ask the individual to provide verification of the individual’s circumstances or need for services. If the individual fails to provide requested information by the Department’s deadline, the application may be denied or the services may be terminated.

History

• Effective 2020-09-15

Chapter 2 Elements of Eligibility

Neb. Admin. Code tit. 392, ch. 2 Elements of Eligibility {#sec-392-nac-2 omnilex-key=us-ne-regs-official--title-392--392 NAC 2}

001. REQUESTS . Any person may request information, explore eligibility, or apply for the Child Care Subsidy program as an individual or a representative of another person. Interested persons may contact the local office by telephone, in writing, by fax, by email or electronic application, or in person to obtain information about child care, explore eligibility, or make arrangements to apply for services.

002. REQUEST TIME LIMITS . If the applicant does not keep appointments or cannot be contacted within 30 days of the request for information or submitting an application, the application is rejected.

003. APPLICATION . A person wishing to apply for Child Care Subsidy assistance must submit a completed and signed application.

003.01 INTERVIEW. An interview is required to apply for child care services. The interview may be in person or telephonic.

003.02 VERIFICATION. When the statements of the applicant are incomplete, unclear, or inconsistent, or when other circumstances in the particular case indicate further inquiry must be made, additional verification may be requested before eligibility is determined. Applicants and recipients are responsible for providing verification of information relating to eligibility. Verification may be supplied in person, through mail, or from another source, such as an employer.

003.03 ACTION ON APPLICATION. If the applicant or a third party prevents an eligibility determination within 30 days, the application will be denied. The applicant has 60 days from the date of application to complete the application process without having to fill out a new application. Service is authorized once all eligibility criteria have been met.

004. ELEMENTS OF ELIGIBILITY . In order to receive Child Care Subsidy, the family must:

(A) Qualify as a family;

(B) Meet citizenship or alien status requirements for the child(ren);

(C) Qualify as residents;

(D) Not exceed income limits;

(E) Have a child within the age limit. Child care is available for children age 12 or younger. Children who turn age 13 during their eligibility period remain eligible through the end of their eligibility period. Children age 18 or younger with special needs are eligible. The child’s age must be verified in order to qualify for assistance;

(F) Have at least one of the allowed needs for service;

(G) Pay the sliding fee, if required;

(H) Use an approved provider;

(I) Agree to obtain immunizations for the child(ren); and

(J) Cooperate with the Child Support Enforcement Unit, unless the recipient shows good cause for failing or refusing to do so.

005. ELIGIBILITY REDETERMINATION . All recipients must cooperate with eligibility redeterminations. All requested documentation or information must be provided by the recipient within 30 days of the date of the request.

005.01 CHANGE IN STATUS. A redetermination of eligibility is conducted when information is obtained about a change in a recipient’s circumstances that may affect the recipient’s eligibility.

005.01 PERIODIC REDETERMINATION. Recipient eligibility will be redetermined at least once every 18 months, but not more than once every 12 months.

006. QUALIFICATION AS A FAMILY . For a family to be eligible for Child Care Subsidy, the family must consist of one or more adults age 19 or older or a minor parent(s) and one or more children related by blood, marriage, legal guardianship, or adoption who reside in the same household. Foster children may be included when determining the size of the family unit if Child Care Subsidy is required for a biological child and the foster child. In a three-generation household, a minor parent and his or her child are considered a separate family.

006.01 UNMARRIED PARENTS. Unmarried parents with a child in common and at least one child with a different parent may receive Child Care Subsidy for all the children if the household meets all eligibility requirements. If one parent is receiving Aid to Dependent Children for his or her child(ren), the parent receiving Aid to Dependent Children may receive Child Care Subsidy, however, the other parent, the parent’s child(ren), and the child in common are ineligible.

006.02 PARENTS WITH SHARED CUSTODY. If parents are separated, divorced, or unmarried but have shared custody of a child, both parents may be eligible for Child Care Subsidy. Eligibility is based on the income of the parent with whom the child is residing at the time and any child support or other financial assistance from the other parent.

006.03 PARENT’S TEMPORARY ABSENCE. In a one parent home, if the parent is temporarily absent for 90 days or less because of employment, training, education, illness, or incarceration a substitute caretaker may receive Child Care Subsidy using the parent's income eligibility. The substitute caretaker must meet the needs criteria. If the parent is absent for more than 90 days, eligibility is determined based on the need of the substitute caretaker and his or her situation and income.

006.04 UNBORN CHILD. An unborn child is included in the unit size if proof of pregnancy is obtained.

007. SOCIAL SECURITY NUMBER . A Social Security Number is not required as a condition of eligibility for Child Care Subsidy.

008. CITIZENSHIP AND ALIEN STATUS . In order to receive Child Care Subsidy, a child must be a citizen of the United States or a qualified alien as defined in Neb. Rev. Stat. § 4-111.

008.01 VERIFICATION OF ALIEN STATUS. When an applicant or recipient states that one or more of the children are qualified aliens, the applicant or recipient must sign an attestation and present verification of qualified alien status for each child. If the applicant or recipient has documentation containing an alien registration number, the information will be verified.

009. RESIDENCE . To be eligible for Child Care Subsidy, applicants and recipients must be Nebraska residents living in the state of Nebraska voluntarily with the intent of making Nebraska the person’s home. Migrants and itinerant workers are considered residents of Nebraska if they are living in Nebraska and entered the state to seek employment or to fulfill a job commitment.

010. INCOME . In determining eligibility, the Department shall consider income received by a family. In order to initially qualify for child care subsidy benefits, the family’s income must not exceed the income limits established by Neb. Rev. Stat. § 68-1206.

010.01 INCOME VERIFICATION. Individuals must provide verification of earned income, with a copy of check stubs, a statement from his or her employer, or some other documentation. When possible, the Department utilizes electronic data sources to verify income. A self-employed individual must submit a copy of his or her latest income tax return or his or her self-employment records. The individual can contact the Department to request assistance with verification.

010.01(A) An individual’s declaration of unearned income is sufficient unless there is inconsistent information or the individual has a previous history of overpayments or abuse of the program. In these instances, the individual must provide verification of income before services will be approved. If the individual fails to provide required proof within 10 days of request, the application is rejected or services are terminated.

010.02 SELF-EMPLOYMENT DISREGARD. Individuals receiving self-employment income are allowed disregards to gross income.

010.02(A) STANDARD DISREGARD FOR SELF-EMPLOYMENT. For individuals who incur expenses related to producing goods or services but provide no tax return to document such expenses, the Department applies a standard disregard of 49% to the gross income and does not calculate actual expenses.

010.02(B) ITEMIZED DISREGARDS FOR SELF-EMPLOYMENT. For individuals who incur operating expenses related to producing the goods or services which are itemized on the individual’s tax return, the actual allowable operating expenses are deducted from gross income.

010.02(C) OPERATING EXPENSES-FARM INCOME. For individuals who incur operating expenses related to farming, the operating expenses will be deducted from income.

010.02(D) OFFSET OF EARNINGS. If a household has a combination of farm, self-employment, or regular earned income, a loss from one source of income may be used to offset a gain from another source.

010.02(E) EXPENSES NOT DISREGARDED. The following expenses are not allowed as self-employment expenses:

(i) Net losses from previous tax years;

(ii) Federal, state, and local income taxes, money set aside for retirement purposes, and other work related personal expenses, such as transportation to and from work;

(iii) Depreciation; and

(iv) Depletion.

010.03 EARNED INCOME DISREGARD. Ten percent of a household’s gross earned income shall be disregarded after 12 months of continuous eligibility where there has been an open case, and at each subsequent redetermination.

010.04 INCOME EXCLUSIONS. In determining a family’s eligibility, the following income is excluded when determining eligibility

(1) Aid to Dependent Children grant;

(2) Money received from participation in the Foster Grandparent Program authorized by the ACTION Program;

(3) Money awarded by the Indian Claims Commission or the Court of Claims;

(4) Alaska Native Claims Settlement Act payments (to the extent that these payments are exempt from taxation under section 21(a) of the Act);

(5) Money received from the sale of property such as stocks, bonds, a house, or a car (unless the person was engaged in the business of selling the property in which case the net proceeds would be counted as income from self-employment);

(6) Work study for an undergraduate student;

(7) Withdrawals of bank deposits;

(8) Tax refunds;

(9) Earned Income Credits and Advanced Earned Income Credits;

(10) Gifts;

(11) Lump sum inheritances or insurance payments;

(12) Capital gains;

(13) The value of the coupon allotment under the Food Stamp Act of 1964, as amended;

(14) The value of U.S. Department of Agriculture (USDA) donated foods;

(15) The value of supplemental food assistance under the Child Nutrition Act of 1966 and the special food service program for children under the National School Lunch Act, as amended;

(16) Any payment received under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970;

(17) Earnings of a child age 18 or younger and in school; Note: Summer earnings of a child age 18 or younger are excluded if the worker verifies that the child plans to return to school in the fall;

(18) Loans;

(19) Any grant to a student for educational purposes;

(20) Adoption or guardianship subsidy payments;

(21) Home produce used for household consumption;

(22) Income received for work experience paid by a Title I Workforce Innovation and Opportunity Act program;

(23) Title I Workforce Innovation and Opportunity Act program allowance paid for supportive services such as transportation, meals, special tools, and clothing. This includes temporary Welfare-to-Work payments made through Workforce Development;

(24) Payments to AmeriCorps volunteers;

(25) Reimbursement from the Senior Companion Program;

(26) Low Income Energy Assistance funds;

(27) Housing assistance provided by Housing and Urban Development or by a local housing program;

(28) Assistance received under the Disaster Relief Act of 1974 or under a federal law because of a presidentially declared major disaster;

(29) Payments to a client participating in training or school attendance subsidized by the Division of Vocational Rehabilitation;

(30) Payments made by Veterans Administration under the Veterans Education and Employment Assistance Act for education expenses of a veteran;

(31) Payment made by an absent parent to a child care provider, landlord, or mortgage holder on behalf of the client;

(32) Benefits under Public Law 104-204 for children of Vietnam veterans who were born with spina bifida;

(33) Monetary allowance paid by the Veterans Administration under Public Law 106-419 to the child of a woman Vietnam veteran because of a birth defect associated with the veteran’s service in Vietnam;

(34) Reimbursement for employment-related expenses such as mileage, lodging, or meals; and

(35) Military combat pay.

011. CATEGORIES OF ELIGIBILITY BASED ON INCOME . There are five categories of family eligibility, depending on income:

(A) Current family;

(B) Low income family;

(C) Low income sliding fee family;

(D) Transitional child care family; and

(E) Without regard to income family.

011.01 TRANSITIONAL CHILD CARE FAMILY. Families may receive Transitional Child Care in accordance with Neb. Rev. Stat. § 68-1206.

011.02 PARENTS OF DEPARTMENT WARDS OR TRIBAL WARDS. The parent of a child who is a ward of the Department or the parent of a tribal ward who attests the parent is unable to receive child care services from the tribe, is eligible for services without regard to income if the plan is to reunify the family or maintain the child in the home of the parent and the following conditions are met:

(A) One of the following applies:

(i) The parent is not eligible as low income;

(ii) The parent is not willing to be determined eligible as low income; or

(iii) Due to the circumstances of the case, it is not possible for the worker to make an eligibility determination regarding income;

(B) There is an agreement for the parent to pay part of the cost of services or the worker has determined that it is in the best interests of the family to authorize services at no cost to the family;

(C) The family meets the needs eligibility requirements; and

(D) The services are directly supportive of the family case plan or any written service agreement.

011.03 FOSTER PARENTS. The foster parent(s) of a child who is a ward of the Department or a foster parent of a tribal ward who attests the foster parent is unable to receive child care services from the tribe, is eligible for services without regard to income if the Department verifies that the foster parent(s) meets the needs eligibility requirements.

012. ASSETS . A family’s net worth may not exceed $1,000,000.

013. NEED FOR SERVICE . Child care services for eligible individuals are approved only if each parent or usual caretaker:

(A) Is employed;

(B) Is actively seeking employment. Each time the recipient loses employment, the recipient is entitled to three months of child care to seek employment.

(i) Child care for job search activities cannot be authorized at initial application except when job search is required by a federally funded workforce program;

(C) Is participating in an Employment First activity;

(D) Requires child care to obtain medical services including physicians’ services, mental health services, and drug and alcoholism treatment;

(E) Is enrolled in and regularly attending vocational or educational training to attain a high school or equivalent diploma, an undergraduate degree or certificate, or English as second language classes;

(F) Is participating in on the job training;

(G) Is incapacitated with a medically determinable physical or mental impairment which prevents the individual from caring for the child(ren) in the home. The incapacity must be evaluated and approved by the Department; or

(H) Meets the definition of homeless. Child care may be authorized up to forty hours per week for three months to provide stability to the individual’s child(ren) and to allow the parent(s) or usual caretaker the opportunity to seek out community resources. If the individual is not meeting another need for service by the end of the three months period, the authorization will end.

013.01 QUALIFICATION OF NEED REQUIREMENTS. If more than one parent or usual caretaker is included in the family size, each adult must meet the qualification of need requirements.

013.02 VOLUNTEER PROGRAMS. Participation in Americorp Vista and other volunteer programs are not qualifying needs.

013.03 LIMIT ON QUALIFICATION OF NEEDED HOURS. There are weekly and daily limits on the hours of child care subsidy that will be approved.

013.03(A) WEEKLY LIMIT. A recipient is limited to a maximum of sixty hours of Child Care Subsidy per week. A week is defined as the seven day period from Sunday through Saturday.

013.03(B) DAILY LIMIT. Recipients may receive a maximum of eighteen hours of subsidized care in a twenty four hour period. This must comply with the sixty hour a week limit.

013.04 QUALIFYING FOR CHILD CARE TO ATTEND CLASSES. A recipient who is attending secondary education or training is allowed two hours per week of child care for each credit hour. Study time beyond the scheduled hours are not allowed. Recipients attending high school or equivalent are allowed hours reflective of their school schedule. A recipient taking on-line classes is allowed one hour per credit hour.

013.04(A) VERIFICATION OF ENROLLMENT. Applicants and recipients must provide verification of enrollment in school or training at the time of application and redetermination.

013.05 QUALIFYING FOR CHILD CARE FOR EMPLOYMENT. If the individual is requesting child care for employment, the employment must have the potential to allow the individual to achieve or maintain economic self-sufficiency.

013.05(A) EMPLOYMENT AS CHILD CARE PROVIDER. A child care provider is not eligible to receive subsidy to provide child care to the provider’s child(ren), this includes owners and directors of child care centers. The Department will not pay for providers to send their own children to another provider for care. This does not apply to a foster parent, subsidized guardian, or subsidized adoptive parent who is also a child care provider and sends his/her child to another child care provider.

013.05(A)(i) EXCEPTION. When child care providers are engaged in employment or training activities not related to child care, they may receive subsidy benefits as long as the hours do not overlap.

013.05(B) EMPLOYEE OF A CHILD CARE FACILITY. Child Care subsidies are not paid for the recipient’s child(ren) when the recipient works at a home based facility during the same hours the recipient’s child(ren) attend(s) the facility. For center-based care, a recipient can work at the facility as long as the recipient is not in the same room as the recipient’s child(ren).

013.06 QUALIFYING FOR CHILD CARE NEEDED FOR TRAVEL TIME. Recipients are allowed Child Care Subsidy to cover a reasonable amount of time for travel between the child care site and the work or training site.

013.07 QUALIFYING FOR CHILD CARE FOR SLEEP TIME. A recipient who works through the night is allowed a maximum of eight non-work hours per day for sleep time.

014. CLIENT’S RIGHT TO CHOOSE PROVIDER . A recipient has the right to choose a provider, regardless of the availability of other providers. The provider must be licensed or approved as license-exempt. The recipient may choose from:

(A) Licensed Child Care Center;

(B) Licensed Family Child Care Home I;

(C) Licensed Family Child Care Home II;

(D) License-Exempt Family Child Care Home; or

(E) In-home provider.

014.01 QUALIFYING FOR IN-HOME PROVIDER SERVICES. In order to qualify for in-home provider care, at least one of the following criteria must be met:

(A) The child must have a verified special need;

(B) The recipient needs child care during verified non-traditional hours. Non-traditional hours are the hours between 7:00 p.m. through 7:00 a.m. or any time on a Saturday or Sunday; or

(C) There are three or more children in care.

014.02 LIMITATIONS ON AUTHORIZATION OF IN-HOME CHILD CARE. The following limitations apply to in-home care:

(1) The provider cannot reside in the same home as the child unless the child has a special need.

014.02(A) RATE. All in-home providers must be paid a rate that equates to federal minimum wage.

015. IMMUNIZATIONS . At the time of application, the applicant must agree to obtain immunizations according to state immunization guidelines for his or her child(ren) who is (are) receiving Child Care Subsidy within 30 days of enrollment with a provider. The following are exempt from the immunization requirement:

(A) Children whose parents object to immunization on religious grounds; and

(B) Children whose health would be harmed by immunization. This requires certification by a physician, certified nurse practitioner, or physician assistant.

016. RECIPIENT OVERPAYMENT . Overpayments caused by recipient error will be recouped or collected by any lawful means. When the overpayment appears to be the result of fraud, the case will be referred to the Special Investigation Unit, Central Office, or the Omaha Special Investigation Unit for Omaha cases.

017. INTENTIONAL PROGRAM VIOLATION . An individual who is found to have committed an intentional program violation is disqualified from receiving Child Care Subsidy services.

017.01 DISQUALIFICATION HEARING. A disqualification hearing will be initiated by the Department whenever sufficient documentary evidence has been established to substantiate that a household member has committed one or more acts of an Intentional Program Violation.

017.01(A) INTENTIONAL VIOLATION DISQUALIFICATION. If an individual is found to have committed an intentional program violation, a period of disqualification must be imposed. The disqualification applies to the individual found to have committed the intentional program violation and the household. These penalties will also be imposed if the individual is found by a court to have committed an intentional program violation. The period will be determined by the Department after an administrative disqualification hearing, or without a hearing if the individual waives his or her right to a hearing. The period of disqualification is:

(i) For a first violation, the individual is disqualified for one year;

(ii) For a second violation, the individual is disqualified for two years; and

(iii) For a third violation, the individual is permanently disqualification.

018. COOPERATION WITH THE CHILD SUPPORT ENFORCEMENT UNIT . Child Care Subsidy recipients are required to cooperate with Child Support Enforcement.

018.01 SANCTION FOR REFUSAL TO COOPERATE. Upon receiving notification from Child Support Enforcement that the parent or usual caregiver refuses to cooperate, a child support sanction is placed on the recipient and relevant child(ren). A sanction may only be imposed at the initial application period or at redetermination.

018.02 EMPLOYMENT FIRST PARTICIPANT. No child support sanction will be imposed on an Employment First participant so that the recipient may continue to participate in Employment First.

018.03 OPPORTUNITY TO CLAIM FAMILY VIOLENCE EXCEPTION. A recipient may claim a Family Violence exception by indicating that cooperation with Child Support Enforcement could cause serious risk of harm from the noncustodial parent. Eligibility for a Family Violence exception is determined by Child Support Enforcement.

History

• Effective 2020-09-15

Chapter 3 Authorization and Notice

Neb. Admin. Code tit. 392, ch. 3 Authorization and Notice {#sec-392-nac-3 omnilex-key=us-ne-regs-official--title-392--392 NAC 3}

001. AUTHORIZATION . The recipient and provider will receive notice of the recipient’s eligibility and the recipient’s sliding fee amount for which recipient is responsible.

001.01 IN-HOME CHILD CARE SUBSIDY RECIPIENTS. Recipients of in-home child care subsidy, must execute necessary documents to appoint the Department as agent for state and federal employment taxes and other withholding taxes.

001.02 AUTHORIZATION STANDARDS. To authorize any service, the following is required:

(A) The applicant must be found eligible;

(B) The applicant must have an acceptable need for child care;

(C) The child care provider must be properly enrolled as a provider; and

(D) The recipient and child care provider must ensure that the services are delivered as authorized.

001.03 AUTHORIZATION DATE. The authorization date is the start date for child care subsidy. Child care services are not retroactive.

001.03(A) PROVIDER NOT ENROLLED. Child care providers must be enrolled providers to participate in the subsidy program. Child care payments are not retroactive before date of provider enrollment.

002. RESPONSIBILITY TO CONTACT THE DEPARTMENT . A child care recipient must contact the Department within 10 days when:

(A) Total assets exceed $1,000,000.00;

(B) Changes in household composition;

(C) There is a non-temporary change in the recipient’s work, job training, or educational status that will exceed three months;

(D) The family’s income exceeds 85 percent of the State Medium Income; or

(E) The family changes residence.

002.01 TEMPORARY CHANGE IN NEED. Once the family is determined eligible, eligibility shall continue until the end of the certification period if a temporary change in need for services occurs.

003. DEPARTMENT CONTACT WITH RECIPIENTS . The Department may need to contact recipients during their eligibility period to discuss their eligibility, issues regarding service delivery, or when additional information is needed. Recipients must update the Department when their contact information changes and cooperate with the Department in providing information.

003.01 NOTICE OF AGENCY ACTION. Individuals will receive a notice of action when:

(1) An applicant is determined ineligible for Child Care Subsidy;

(2) A recipient is found ineligible at the time of verification or redetermination;

(3) A requested service is denied;

(4) Provided services are to be reduced or terminated; or

(5) Changes in the sliding fee.

003.01(A) ADVANCE NOTICE. Recipients are notified when services will be reduced or terminated.

003.01(B) ADEQUATE NOTICE. In cases of substantiated recipient fraud, the recipient is sent a notice of termination or reduction.

003.01(C) NOTICE NOT REQUIRED. The recipient will not receive a notice of action when:

(i) The Department learns of a recipient’s death or death of his or her child; or

(ii) The recipient’s whereabouts are unknown.

003.01(D) SERVICE CONTINUATION DURING APPEAL. In cases where advance notice has been given, the recipient may appeal. If an appeal is requested in writing within 10 days following the date of the notice of action was mailed, the adverse action is not taken until a fair hearing decision is made. In situations where only an adequate notice was required, service is not continued pending a hearing decision.

004. RATE UNIT AUTHORIZATIONS . The rate at which providers are reimbursed is set by the Department.

004.01 PROVIDER RATES. A provider must establish a private pay rate before being approved as an enrolled provider. Child Care Subsidy payments to a provider will not exceed the private pay rate. If the rate the provider charges the public is higher than the Department's rate, the Department will pay the Department’s established maximum. If the provider's rate for the public is lower than the Department's maximums, the Child Care Subsidy rate paid to the provider will not be more than the provider’s rate charged to the public.

004.01(A) PAYMENT BY ATTENDANCE. The Department pays by attendance, not enrollment. Providers do not receive payment when the provider is on vacation, is ill, or is not providing care for some reason unrelated to the child or recipient.

004.01(A)(i) PAYMENT FOR ABSENCES. The provider may bill the full authorized amount for times that the child is absent on a scheduled day, up to five times per month.

004.01(B) ACCREDITED RATES. The Department pays a higher rate for programs that are accredited by an accrediting body approved by the Department, up to the rate the provider charges to families who pay privately.

004.01(C) PAYMENT EXCEPTION FOR FOSTER CHILDREN AND ADOPTION OR GUARDIANSHIP CHILDREN. For foster children or children receiving adoption or guardianship subsidy, payment may be based on enrollment within the following guidelines:

(i) The provider must be licensed;

(ii) The provider must have written policies specifying that they charge private paying families by enrollment; and

(iii) The child must attend the child care facility for a minimum of 30 hours a week.

004.02 BILLING UNITS. Each provider will have an enrollment with the Department establishing the allowable billing units. Providers must bill the Department in accordance with the billing unit(s) listed in the Provider Enrollment Form.

004.03 REGISTRATION FEES. Fees charged by a child care program for initial or annual registration fees for a child may be included in the provider agreement. The registration fee must not exceed registration fees charged to private pay families or the Department’s maximum rate. Registration fees are paid for licensed programs only.

004.03(A) NEW PROVIDERS. For recipients that change or start new providers, the Department will not pay more than three registration fees per child per program year, July 1 through June 30. For recipients who do not change or start new providers during the program year, the Department will not pay more than one registration fee per child during that time.

004.03(B) PROVIDER WRITTEN POLICIES. In order to receive a registration fee, the child care program must have a written policy that describes how the registration fee is required for private pay families and the specific amount of the fee.

004.03(C) DEPOSITS. The Department does not pay deposits to hold a space or guarantee services.

004.04 ACTIVITY FEES. An activity fee must be billed as a separate service. Activity fees are only paid to licensed programs. The activity fee must not exceed what is charged to private pay families or the Department’s maximum rate.

004.04(A) LIMITATIONS. Activity fees are for toddler, preschool, and school-aged children during summer months.

004.04(B) WRITTEN POLICIES. In order to receive an activity fee, the child care provider must have a written policy that describes how the activity fee is required for private pay families and the specific amount of the fee.

004.05 RECIPIENT CHARGES. The recipient is responsible for payment of fees assessed for failure to pick up the child by the end of the program’s day.

004.05(A) INCLUDED IN SUBSIDY RATE. The following are included in the Child Care Subsidy rate:

(i) Cost of the facility, including utilities, and indoor and outdoor space where care occurs;

(ii) Staff salaries, benefits, training, and indirect costs;

(iii) Equipment, toys, and materials needed to operate; and

(iv) Food children are served.

004.05(B) LIMITATIONS. Recipients cannot be asked to pay additional fees for the expenses included in the subsidy rate.

004.06 SPECIAL NEEDS CHILD CARE RATE EXCEPTIONS. The Department may approve an increased payment rate for a child with special needs.

004.06(A) FACTORS TO BE CONSIDERED. For a special needs child, the rate for service is not based on the diagnosis, but rather, on the care and equipment needed beyond that for normal child care.

004.07 ACCREDITED PROVIDERS. Providers who have current accreditation with Department approved accrediting organizations are eligible to receive the lower of:

(A) Their private rate; or

(B) The Department’s maximum rate for accredited providers.

004.08 TRANSPORTATION TO AND FROM HOME. For recipients without a vehicle or whose vehicle is broken down, the Department may approve transportation to and from the recipient’s home and child care:

(A) When transportation costs are not included in the total child care rate;

(B) By providers licensed with the Department; and

(C) For recipients in the current family, low income family, or without regard to income family eligibility categories.

005. PROVISIONS FOR OUT-OF-STATE PROVIDERS . An out-of-state child care provider must be approved as an enrolled child care provider by the Department and accept Department rates.

005.01 LICENSE REQUIREMENTS. The child care provider must be in compliance with the license or registration requirements of the state where the provider is providing care. All out-of-state providers must comply with the Department’s standard background check process. The provider has the responsibility for ensuring safety is maintained for the child.

005.02 PROVIDER PAYMENTS. Payments must be made directly to the child care provider. All child care providers must be licensed or approved before child care is authorized.

History

• Effective 2020-09-15

Chapter 4 Provider Enrollment

Neb. Admin. Code tit. 392, ch. 4 Provider Enrollment {#sec-392-nac-4 omnilex-key=us-ne-regs-official--title-392--392 NAC 4}

001. GENERAL STANDARDS . In order for a child care provider to participate in the subsidy program:

(A) All child care providers must have a Social Security Number or Federal Identification Number, whichever is appropriate, before being approved;

(B) A child care provider and a provider’s spouse are not entitled to receive a subsidy to provide care for a provider’s child, stepchild, or foster child. The legal guardian of a child or spouse of the legal guardian is not eligible to participate as a provider for the child;

(C) The provider must not engage in or have an ongoing history of criminal activity that may be harmful or may endanger individuals for whom they provide services;

(D) The potential provider must not have a history of incorrect or inaccurate billings whether intentional or unintentional, for services that have been provided or have a criminal history of financial mismanagement;

(E) The provider must not have been disqualified from any Department program for an intentional program violation within the last five years;

(F) Service provider enrollments are in effect for up to 12 months, are not back-dated, and must be completed and signed by all parties on or before the effective date. The enrollment may begin with the client’s request for a specific provider but no earlier than the date of receipt of the application;

(G) The provider must provide an environment that promotes the safety and well-being of the children in care. The Department may deny provider enrollment or disenroll a provider if the Department determines the provider’s child care setting endangers a child or vulnerable adult; and

(H) Changes in service provider enrollments require renegotiation of the enrollment form. Address changes which do not affect the service location do not require a new enrollment form.

(I) Demonstrate the physical, mental, and emotional capacity to provide care for children.

002. PROVIDER ENROLLMENT STANDARDS . Before furnishing any service, each provider must sign an enrollment form agreeing:

(A) No payments will be made for child care provided to a child before the service authorization date;

(B) To provide service only as authorized, in accordance with the Department’s standards;

(C) To submit a claim for payment after service is provided and within 90 days;

(D) To accept Child Care Subsidy reimbursement as payment in full for the contracted service(s) unless service is authorized on a sliding fee basis;

(E) To accept a rate which is reasonable, necessary, and does not exceed the amount charged to private-paying persons;

(F) To apply to Child Care Subsidy clients the same standards applied to private-paying persons;

(G) To retain authorizations, billing documents, and attendance records for four years to support and document all claims;

(H) To allow federal, state, or local officials responsible for program administration or audit to review service records;

(I) To permit federal, state, or local officials to monitor and evaluate the program by means such as inspecting the facility, observing service delivery, and interviewing staff members;

(J) To keep current any state or local license required for service provision and maintain all licensing standards;

(K) To respect every client’s right to confidentiality and safeguard confidential information;

(L) To not discriminate against any employee, applicant for employment, or social services program participant or applicant because of race, color, religion, sex, disability, or national origin;

(M) To not assign or transfer the enrollment to anyone else;

(N) To understand and accept responsibility for the child’s safety and property;

(O) To continue to meet all standards pertaining to the service provided;

(P) To operate a drug-free workplace;

(Q) To notify the Department if a child(ren) does not attend the child care for more than three consecutive days when the child’s absence is not reported to the provider;

(R) To prohibit smoking within any part of an indoor child care facility. If care is provided in the provider’s or the child’s home, smoking is prohibited when a recipient’s child is present in any part of the home; and

(S) To allow background checks on themselves, staff, or a household member, if appropriate, or if an agency, agree to allow the Department to review agency policies regarding hiring and reporting to ensure that appropriate procedures regarding abuse, neglect, and law violations are in place.

002.01 PROVIDER AGE QUALIFICATIONS. A provider must be at least 19 years old.

002.02 SOCIAL SECURITY TAX WITHHOLDING. In some situations, the Department withholds Social Security taxes from in-home provider payments. Individual in-home service providers are considered employees of the client for whom they provide service. The Department, upon receiving a document that appoints the client as agent for the provider, acts on behalf of these clients to withhold mandatory taxes from the provider and pay the client’s matching tax share to the Internal Revenue Services. The Department does not withhold federal or state income tax or federal unemployment insurance tax from any provider payment.

002.03 PROVIDER RELEASE OF INFORMATION AND STATEMENT OF CRIMINAL HISTORY. Individual providers must sign a release of information and statement, identifying any felony or misdemeanor convictions and pending criminal charges. This statement must include complete details, dates, and disposition. If the provider will be providing services in the provider’s home, the provider must also provide this information for all household members. Providing incomplete or inaccurate information may result in the provider being denied participation or terminated from the program.

002.03(A) GENERAL CRIMINAL HISTORY. All potential and current child care providers must undergo criminal history checks.

002.03(A)(i) BACKGROUND CHECKS. To participate in the child care subsidy program all individuals, facility owners, directors and staff, and household members age 13 and older, if care is provided in the provider’s home must submit to a background check including the following:

(1) A search of the following registries, repositories, or databases in the State of Nebraska plus each State where the individual has resided during the preceding five years;

(a) State criminal registry or repository;

(b) State sex offender registry; and

(c) Child and Adult Abuse and Neglect Central Registry.

002.03(A)(ii) SPECIAL CRIMINAL HISTORY. Child care provider enrollment will be revoked or application denied when the child care provider, staff member, or household member has a conviction in any of the following areas:

(1) Child pornography;

(2) Child or adult abuse or endangerment;

(3) Driving under the influence: two or more driving under the influence charges are pending, or convictions have occurred within the last five years, or two of any combinations of driving under the influence charges pending or convictions occurred within the last five years;

(4) Domestic abuse or assault, including spousal abuse;

(5) Shoplifting after age 19 and within the last three years;

(6) Felony fraud within the last 10 years;

(7) Misdemeanor fraud within the last five years;

(8) Termination of provider status for cause from any Department program or Child and Adult Care Food Program within the last 10 years;

(9) Possession of any controlled substance within the last five years;

(10) Possession of a controlled substance with intent to deliver within the last 10 years;

(11) Manufacture of any controlled substance within the last 10 years;

(12) Assault or battery with or without a weapon;

(13) Prostitution or solicitation of prostitution within the last five years;

(14) Felony or misdemeanor robbery or burglary within the last 10 years;

(15) Rape or sexual assault;

(16) Murder, including manslaughter;

(17) Is a registered, or is required to be registered on a State or National Sex Offender Registry or repository;

(18) Any crime against a child;

(19) Kidnapping;

(20) Animal cruelty, abuse, or neglect;

(21) Arson; or

(22) Any other crimes jeopardizing the safety of a child or vulnerable adult.

002.03(A)(iii) ADDITIONAL CRIMES. Child care provider enrollment will be revoked or application denied when the child care provider, staff member, or household member has a conviction or pending charges for crimes including, crimes against a child or vulnerable adult, crimes involving intentional bodily harm, crimes involving the illegal use of a controlled substance, or crimes involving moral turpitude.

002.04 LIMIT ON HOURS OF ASSISTANCE. There are weekly and daily limits on the hours of child care subsidy that will be approved.

002.04(A) WEEKLY LIMIT. A provider is limited to bill a maximum of 60 hours of Child Care Subsidy per week. A week is defined as the seven day period from Sunday through Saturday.

002.04(B) DAILY LIMIT. A provider may bill a maximum of 18 hours of subsidized care in a 24 hour period. This must comply with the 60-hour a week limit.

002.05 AGENCY DECISION TO APPROVE A PROVIDER. In determining whether to approve or disenroll a provider, the Department, in its sole discretion, determines whether a provider meets the necessary standards. No provider has a right to approval with the Department. The Department may deny or disenroll a provider for any reason.

002.06 PROVIDER APPEAL LIMIT. Child care providers do not have the right to appeal Department decisions, except when an overpayment has been assessed or denial of enrollment due to background check findings.

002.06(A) APPEAL. If the provider disagrees with the Department’s determination, the provider has 30 days from the date of mailing to appeal.

003. ADDITIONAL REQUIREMENTS FOR IN-HOME CHILD CARE . Each provider of in-home child care must:

(A) Sign necessary forms and an enrollment form for service approval;

(B) Have no obligation to perform housekeeping activities; and

(C) Enrollment will only allow the in-home provider to care for one designated family.

004. PROVIDER STANDARDS . All Child Care Development Fund providers and staff must agree to all the terms found in the provider enrollment and must complete and maintain the following health and safety standards:

(A) Prevention and control of infectious diseases, including immunizations:

(i) Infection control practices; and

(ii) Each child’s immunization record must include:

(1) Documentation of age-appropriate immunization;

(2) Certification by a physician, advanced practice registered nurse, or physician assistant that immunization is not appropriate for a stated medical reason; or

(3) A written statement that the parent or guardian does not wish to have the child immunized and the reasons for that decision.

(B) Prevention of sudden infant death syndrome and use of safe sleeping practices:

(i) Providers must practice and ensure safety for nap or sleep times:

(1) Infants must sleep on their back unless there is a medical reason and written note from a physician; and

(2) Providers must have appropriate sleeping surfaces for all children.

(ii) The following must not be used as sleeping surfaces:

(1) The top level of a bunk bed for children age five and under;

(2) Stackable cribs;

(3) Waterbeds for children age three and under; and

(4) Cots, cushions, futons, mats, or pillows for infants 12 months or under.

(C) Administration of medication:

(i) Providers who give or apply medication must follow the Five Rights:

(1) The right drug;

(2) The right recipient;

(3) In the right dose;

(4) By the right route; and

(5) At the right time.

(D) Prevention and response to emergencies due to food or allergic reaction.

(i) Providers must keep records that include but are not limited to, the following: list of child’s allergies and intolerance to food, or other factors that result in a medical reaction, and clear instructions in the event of an exposure to the factor.

(E) Building and physical premises safety.

(i) Physical environment standards must be designed, constructed, and maintained in a manner that is safe, clean, and functional for child care.

(F) Prevention of abusive head trauma.

(i) Providers must be trained in recognizing and immediately reporting any signs of abusive head trauma.

(1) Reports must be made to the Nebraska Child Abuse and Neglect Hotline.

(G) Emergency preparedness:

(i) Providers are required to create an emergency preparedness plan in each of the following areas:

(1) Evacuation;

(2) Relocating;

(3) Shelter-in-place;

(4) Lockdown;

(5) Reunification with families;

(6) Continuity of operations;

(7) Accommodations of infants and toddlers;

(8) Accommodations of children with disabilities;

(9) Completing fire drills; and

(10) Completing tornados drills.

(H) Handling and storage of hazardous materials.

(i) Poisonous materials and medications must be stored in a safe and locked area to prevent access to children. Waterproof storage must be used for soiled or wet clothing. Providers must follow sewer requirements to maintain sanitation and must properly dispose of garbage and rubbish.

(I) Appropriate precautions in transporting children.

(i) No child(ren) left alone in a vehicle;

(ii) Proper vehicle insurance and registration;

(iii) Appropriate car seat;

(iv) Written permission from parents; and

(v) First aid kit in vehicle.

(J) Pediatric first aid and cardiopulmonary resuscitation.

(i) Training completion required prior to approval and maintain current certification during approval period.

(K) Recognition and reporting child abuse and neglect.

(i) Providers must practice and have an understanding of recognizing and immediately reporting any signs of child abuse or neglect.

(ii) Reports must be made to the Nebraska Child Abuse and Neglect Hotline.

(L) Child development.

(i) Providers must have an understanding of child development which includes physical, intellectual, social, and emotional changes in children.

005. STAFF TRAINING REQUIREMENTS . All staff who work with children in either a Licensed Home I, Licensed Home II, or Child Care Center setting are required to complete the pre-service orientation training and pediatric first aid and cardiopulmonary resuscitation training in first three months of employment. Supervision is required of staff until the training is completed.

005.01 LICENSED EXEMPT AND FAMILY IN-HOME PROVIDERS TRAINING REQUIREMENTS. Licensed Exempt and Family In-Home providers are required to complete four clock hours of approved annual training. At least two clock hours of training must be a topic from the health and safety standards identified above.

005.02 DIRECTOR OR OWNER TRAINING. The director or owner of a Licensed Home I must complete the training prior to working with children.

006. APPLICATION . Each potential provider will undergo a face-to-face interview and an inspection of the provider’s place(s) where provider will provide child care. If the provider does not meet standards at the time of the initial inspection or interview, but is willing to correct the deficiency within a 30 day period of time, the application process will continue when proof of compliance is received.

006.01 CONFLICT OF INTEREST. No employee of the Department or its subdivisions may be approved as a service provider.

006.02 MULTIPLE FACILITIES. For Child Care Centers with multiple sites that are under the same ownership, each individual site must have their own provider enrollment.

007. PROVIDER EVALUATION . The child care subsidy program evaluates each provider to determine eligibility for participation.

007.01 PROVIDER COOPERATION WITH EVALUATION FOR ENROLLMENTS. The provider must:

(A) Participate in renewal evaluation with the Department at least annually;

(B) Allow visits at each facility where services are provided; and

(C) Participate in an assessment of the health and safety of service provision at least once during the enrollment period by allowing observation of service delivery, training verification, visits to the service facility, and allow interviews of the provider or interviews of clients served by the provider.

007.02 SECONDARY ENROLLMENTS. Individuals may only hold one type of Child Care Subsidy Enrollment per facility. An In-Home Child Care Provider cannot hold an enrollment if they are a provider of other in-home services through another Department program, including personal assistance services and chore services.

008. PROVIDER OVERPAYMENTS . The Department will take measures to promptly correct overpayments.

008.01 WRITTEN NOTICE. Providers will receive a written notice when an overpayment occurs.

008.02 APPEAL. If the provider disagrees with the Department’s determination, the provider has 30 days from the date of mailing to appeal the overpayment. Depending on the nature of the overpayment, the provider enrollment may also be terminated.

008.03 RECOUPMENT. If the provider does not appeal or appeals unsuccessfully, the overpayment will be recouped from future billings for the same or different children, or from another service at a rate of no less than 50 percent per billing.

008.03(A) HOLDING OF PAYMENTS. The Department has the right to hold any payments if an overpayment is suspected. Other actions as permitted by law may be taken to collect provider overpayments.

008.04 WILLFUL OVER-BILLING. When the evidence establishes that a provider willfully over-billed the Department, the matter will be referred for a fraud investigation or will be referred to the appropriate agency or agencies for a fraud investigation. Any information, documentation, investigative reports, et cetera, that are developed or obtained will be shared with other programs within the Department and with appropriate state agencies.

History

• Effective 2020-09-15

Chapter 5 Child Care Grants

Neb. Admin. Code tit. 392, ch. 5 Child Care Grants {#sec-392-nac-5 omnilex-key=us-ne-regs-official--title-392--392 NAC 5}

001. CHILD CARE GRANTS . If eligibility requirements are met and funds are available, grants may be awarded to child care facilities in order to increase the number of licensed child care slots that are available to families who are receiving Child Care Subsidy.

001.01 START UP OR EXPANSION CHILD CARE GRANT. Grants may be awarded to increase the license capacity of an existing child care program. The following programs are eligible for startup or expansion child care grants:

(A) New, not yet licensed programs;

(B) Programs that are expanding and increasing the license capacity; or

(C) Programs that are expanding from a Family Child Care Home I to a Family Child Care Home II or from a Family Child Care Home II to a Child Care Center.

001.02 CHILD CARE MINI GRANTS. Mini grants assist licensed home-based and center-based child care facilities with purchases required to maintain provisional and operational licenses.

002. ELIGIBILITY REQUIREMENTS . A provider seeking a grant must meet all eligibility requirements.

002.01 CHILD CARE LICENSE AND SUBSIDY ENROLLMENT. Applicants for child care subsidy grants must be in good standing with the Department.

002.02 ABUSE REGISTRIES. Applicants whose names appear on the Central Registry are not eligible. Individuals applying for grants must consent to a Central Registry check. Applicants must be in compliance with child care subsidy program requirements and public health licensing requirements.

003. SELECTION CRITERIA AND PROCESS . A provider must fill out an application to request a grant.

003.01(A) AWARD AMOUNT LIMITATION. Applications requesting funds in excess of the specified award amount are not considered.

003.01(B) MULTIPLE CHILD CARE SITES. Entities operating multiple child care sites are eligible to submit one application per site.

003.01(B)(i) INELIGIBLE PROGRAMS. Preschool only and drop-in-care-only programs are ineligible.

003.02 GRANT AWARDS. Maximum grant awards are $5,000 for home-based child care programs and $10,000 for center-based child care programs.

003.03 MINI GRANT AWARDS. Maximum grant awards are $1,000 for a child care program with a provisional license and $2,000 for a program with an operating license.

003.04 MAXIMUM AWARDS. Applicants requesting funds in excess of the maximum amounts will not be considered.

003.05 SELECTED PROPOSALS. Applicants who are selected for funding have 60 days from the award date to accept the grant and sign and submit all necessary paperwork. Grants not accepted within 60 days of the award date are considered abandoned.

003.05(A) FUNDING LIMITATION. Child care grants are funded in accordance with the limitations in Neb. Rev. Stat. § 43-2624.

003.06 PROPOSALS NOT SELECTED. If not selected, a provider may reapply during a future funding cycle.

003.07 GRANT AWARDS. A proposal may be fully or partially funded. Funding decisions are not subject to appeal.

003.07(A) USE OF GRANT FUNDS. Grant funds must not be used for reimbursement of any item purchased before the grant has been awarded.

003.08 TIME LIMIT FOR EXPENDITURE OF FUNDS. All grant funds must be spent within one year of the date of award.

003.09 AUDIT OF EXPENDITURES. The child care facility must submit a report of expenditures along with receipts for purchases made with the entire grant.

003.10 CONTRACT BREACH AND COLLECTION. If a child care facility does not comply with the terms of the grant contract, all or a prorated amount of the original grant award must be refunded to the Department. If a grant recipient’s license is revoked or subsidy enrollment cancelled within three years from the date of the award, the full amount of the grant award must be refunded to the Department.

003.11 CHANGE IN DIRECTOR OR LICENSEE. If there is a change in the director or licensee of the program of a grant recipient, the grant obligation terms must be assumed by the new director or licensee. If the grant terms are not assumed, the grant amount must be refunded to the Department.

004. APPLICATION . Each applicant must submit all of the following:

(A) Applications must be completed and signed. Failure to abide by application requirements and subaward terms, may result in revoking of the grant and refunding of subaward. Unsigned or incomplete application forms will be denied; and

(B) Statement of assurances, including an agreement:

(i) To not discriminate against children with disabilities or children whose care is funded by any state or federal funds;

(ii) To participate in an external evaluation or site visit as determined by the Department;

(iii) To obtain and maintain licensure with the Department;

(iv) To keep records for fiscal audit and program evaluation, and to provide the information to the Department;

(v) To ongoing participation in training;

(vi) To continue to provide child care services for three consecutive years after the grant has been awarded;

(vii) To serve families who receive Child Care Subsidy; and

(viii) To accept the grant award within 60 days of notification.

History

• Effective 2020-09-15