Sec. 17b-749. (Formerly Sec. 8-210b). Child care subsidy program. Eligibility and program standards. Child care providers. Regulations. - Connecticut Statutes

      Sec. 17b-749. (Formerly Sec. 8-210b). Child care subsidy program. Eligibility and program standards. Child care providers. Regulations. (a) The Commissioner of Social Services shall establish and operate a child care subsidy program to increase the availability, affordability and quality of child care services for families with a parent or caretaker who is working, attending high school or who receives cash assistance under the temporary family assistance program from the Department of Social Services and is participating in an approved education, training, or other job preparation activity. Services available under the child care program shall include the provision of child care subsidies for children under the age of thirteen or children under the age of nineteen with special needs. The department shall open and maintain enrollment for the child care subsidy program and shall administer such program within the existing budgetary resources available.

      (b) The commissioner shall establish income standards for applicants and recipients at a level to include a family with gross income up to fifty per cent of the state-wide median income, except the commissioner (1) may increase the income level to up to seventy-five per cent of the state-wide median income, (2) upon the request of the Commissioner of Children and Families, may waive the income standards for adoptive families so that children adopted on or after October 1, 1999, from the Department of Children and Families are eligible for the child care subsidy program, and (3) on and after March 1, 2003, shall reduce the income eligibility level to up to fifty-five per cent of the state-wide median income for applicants and recipients who qualify based on their loss of eligibility for temporary family assistance. The commissioner may adopt regulations in accordance with chapter 54 to establish income criteria and durational requirements for such waiver of income standards.

      (c) The commissioner shall establish eligibility and program standards including, but not limited to: (1) A priority intake and eligibility system with preference given to serving recipients of temporary family assistance who are employed or engaged in employment activities under the department's "Jobs First" program, working families whose temporary family assistance was discontinued not more than five years prior to the date of application for the child care subsidy program, teen parents, low-income working families, adoptive families of children who were adopted from the Department of Children and Families and who are granted a waiver of income standards under subdivision (2) of subsection (b), and working families who are at risk of welfare dependency; (2) health and safety standards for child care providers not required to be licensed; (3) a reimbursement system for child care services which account for differences in the age of the child, number of children in the family, the geographic region and type of care provided by licensed and unlicensed caregivers, the cost and type of services provided by licensed and unlicensed caregivers, successful completion of fifteen hours of annual in-service training or credentialing of child care directors and administrators, and program accreditation; (4) supplemental payment for special needs of the child and extended nontraditional hours; (5) an annual rate review process which assures that reimbursement rates are maintained at levels which permit equal access to a variety of child care settings; (6) a sliding reimbursement scale for participating families; (7) an administrative appeals process; (8) an administrative hearing process to adjudicate cases of alleged fraud and abuse and to impose sanctions and recover overpayments; (9) an extended period of program and payment eligibility when a parent who is receiving a child care subsidy experiences a temporary interruption in employment or other approved activity; and (10) a waiting list for the child care subsidy program that reflects the priority and eligibility system set forth in subdivision (1) of this subsection, which is reviewed periodically, with the inclusion of this information in the annual report required to be issued annually by the Department of Social Services to the Governor and the General Assembly in accordance with subdivision (10) of section 17b-733. Such action will include, but not be limited to, family income, age of child, region of state and length of time on such waiting list.

      (d) On or after January 1, 1998, a provider under the child care subsidy program that qualifies for eligibility and subsequently receives payment for child care services for recipients under this section shall be reimbursed for such services until informed by the Department of Social Services of the parent's ineligibility.

      (e) All licensed child care providers and those providers exempt from licensing shall provide the Department of Social Services with the following information in order to maintain eligibility for reimbursement: (1) The name, address, appropriate identification, Social Security number and telephone number of the provider and all adults who work for or reside at the location where care is provided; (2) the name and address of the child's doctor, primary care provider and health insurance company; (3) whether the child is immunized and has had health screens pursuant to the federal Early and Periodic Screening, Diagnostic and Treatment Services Program under 42 USC 1396d; and (4) the number of children cared for by the provider.

      (f) On or after January 1, 1998, the commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section.

      (P.A. 74-206, S. 1, 2; P.A. 77-614, S. 532, 610; P.A. 86-417, S. 2, 15; P.A. 87-412, S. 1, 2; P.A. 88-160, S. 1, 3; P.A. 91-292, S. 1, 5; P.A. 92-223; P.A. 93-262, S. 1, 87; P.A. 97-259, S. 28, 41; P.A. 99-166, S. 7; 99-230, S. 6, 10; 99-252, S. 5; P.A. 00-187, S. 5, 75; P.A. 01-173, S. 45, 67; P.A. 03-2, S. 16; P.A. 04-16, S. 14; 04-258, S. 37; P.A. 08-100, S. 1.)

      History: P.A. 77-614 substituted commissioner of human resources for commissioner of community affairs, effective January 1, 1979; P.A. 86-417 expanded the list of day care providers from which the commissioner could purchase services to include group day care homes, family day care homes, providers serving in child's home and relatives, required the commissioner to adopt regulations on eligibility and level of payment and required the commissioner to pay the same amount for each child in the same family; P.A. 87-412 added provision authorizing the purchase of services from a relative of a child giving day care in the relative's home and redefined the standard of eligibility; P.A. 88-160 authorized the commissioner to provide day care subsidies to parents for day care services and increased the standard of eligibility to 70%; P.A. 91-292 changed eligibility level for day care subsidies from 70% to 50% of the state-wide median income; required regulations re subsidies and specified the factors to determine the level of subsidy; P.A. 92-223 provided that the commissioner may increase the standard of initial eligibility to include children in families with income up to 75% of the state-wide median income and provided that participating families with income less than 75% of the median shall at a minimum be eligible until the child attends school for a full day; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of human resources, effective July 1, 1993; Sec. 8-210b transferred to Sec. 17b-749 in 1995; P.A. 97-259 deleted existing language and added new provisions re child care subsidy program, effective July 1, 1997; P.A. 99-166 amended Subsec. (b) by permitting commissioner to waive income standards for adoptive families of children who were in custody of department and amended Subsec. (c) by adding adoptive families of children who were in custody of department to list of services preferences; P.A. 99-230 amended Subsec. (e) to make a technical change, effective July 1, 1999; P.A. 99-252 amended Subsec. (b)(2) to allow commissioner to waive the income standards for adoptive families so that children adopted on or after October 1, 1999, from the Department of Children and Families are eligible for the child care subsidy program, deleting reference to children who were in the custody of the department, and to authorize adoption of regulations to establish income criteria and durational requirements for such waiver of income standards and amended Subsec. (c)(1) to give preference to adoptive families of children who were adopted from the Department of Children and Families and who are granted a waiver of income standards under Subsec. (b)(2), deleting reference to children who were in the custody of the department; P.A. 00-187 amended Subsec. (c)(3) to add requirement for successful completion of 15 hours of annual in-service training or credentialing of child care directors and administrators, effective July 1, 2000; P.A. 01-173 amended Subsec. (c) to make a technical change, effective July 1, 2001; P.A. 03-2 added Subsec. (b)(3) requiring commissioner to reduce income eligibility to up to 55% of the state-wide median income for applicants and recipients qualifying for the program based on loss of eligibility for temporary family assistance, effective February 28, 2003; P.A. 04-16 made a technical change in Subsec. (b); P.A. 04-258 amended Subsec. (a) to require the department to maintain open enrollment and administer the program within existing available budgetary resources and amended Subsec. (c)(1) to give priority intake and eligibility status to recipients of temporary family assistance who are engaged in "Jobs First" employment activities and to working families whose temporary family assistance benefits were discontinued not more than five years prior to the date of application for child care subsidy program benefits, effective July 1, 2004; P.A. 08-100 amended Subsec. (c) by adding new Subdiv. (9) re eligibility extension for participant experiencing temporary interruption in employment and redesignating existing Subdiv. (9) as Subdiv. (10), effective July 1, 2008.

      See Sec. 8-222b re municipal powers with respect to private day care facilities.

      See Sec. 8-226 re use of prior bond proceeds for purposes of this section.