50-33 Child Care Assistance - North Dakota Statutes

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CHAPTER 50-33CHILD CARE ASSISTANCE50-33-01. Definitions. For the purposes of this chapter:1."Allowable activities" means paid work, job search, attending job training or an
education program, any activity in the job opportunity and basic skills program,
transportation time related to the activities, temporary illness or incapacity of a
current recipient, and temporary illness of the child.2."Approved relative" means an individual provider related to a child in that provider's
care by marriage, blood, or court decree as a grandparent, step-grandparent, great
grandparent, step-great grandparent, aunt, step-aunt, uncle, step-uncle, sibling, or
step-sibling, who has been approved to care for specific children in the provider's
own home, but does not mean a sibling provider who resides in the home of a child
in that provider's care.3."Caretaker" means a child's biological or adoptive parent, the spouse of the child's
biological or adoptive parent, or an individual acting in the stead of a child's parent at
the request of the parent or another with authority to make the request, but does not
mean a provider.4."Child care assistance unit" means all members of the caretaker's immediate
household, including a child through the month of that child's nineteenth birthday,
and any parent or stepparent of a child, including an acknowledged or adjudicated
father of one or more children in the household, but does not mean any other person
who is not acting in the stead of a parent, a child who is nineteen years of age or
older, a child for whom the household receives foster care payments, or a minor
parent of a child in the household unless the minor parent also requires child care or
is incapable of caring for the child.5."Child care center" has the meaning provided in chapter 50-11.1.6."County agency" means any county social services office.7."Department" means the department of human services.8."Family child care" has the meaning provided in chapter 50-11.1.9."Group child care" has the meaning provided in chapter 50-11.1.10."Provider" means an individual who is eighteen years of age or older, licensed as a
provider in a family child care, group child care, or child care center, with a
self-declaration as a provider of early childhood services who requires no license,
registered as a child care provider by a tribal entity, or an approved relative, who
meets criteria established by the jurisdiction with authority to regulate child care
services.11."Recipient" means an individual who is receiving child care assistance.12."Tribal entity" means an organization authorized by the government of an Indian
tribe within North Dakota to license, register, or otherwise recognize a child care
provider operating within the jurisdiction of that Indian tribe.13."Work":a.Meansanypaidemploymentandanyself-employmentprovidingcommensurate income; andPage No. 1b.Does not mean any unpaid activity except:(1)With respect to a caretaker who is involved in job opportunity and basic
skills or tribal native employment works required by temporary assistance
for needy families, any approved activity for the program; and(2)When a state has been determined to have a major disaster, activity by
an individual who is residing in the disaster area and involved in unpaid
work activities, including the cleaning, repair, restoration, and rebuilding
of homes, businesses, and schools.50-33-02.Child care assistance - Application for benefits - Applicant's duty toestablish eligibility - Decisions - Rules.1.An individual desiring child care assistance or an individual seeking assistance on
behalf of another individual may apply for child care assistance. An applicant shall
submit a request for child care assistance in writing to a county agency on a form
prescribed by the department. The applicant shall complete, sign, and date the
application. Eligibility begins on the first day of the month in which a signed and
dated application is received by the county agency. Eligibility may begin on the first
day of the month prior to the month in which a signed and dated application is
received by the county agency, if the applicant requests child care assistance for
that month and demonstrates eligibility in that month.2.The applicant shall provide information sufficient to establish the eligibility of each
individual for whom assistance is requested, including the age, verification of relative
relationship, citizenship or resident alien status of the children, verification of
participation in an allowable activity, and financial eligibility.3.An eligibility decision must be made within fifteen days on child care assistance
applications whenever possible.The county agency shall notify the applicantfollowing a determination of eligibility or ineligibility.4.The department shall establish rules for the administration of the child care
assistance program, including rules on income requirements, appeals of eligibility
determinations for child care assistance, closure of a child care assistance case, and
a sliding scale fee schedule for child care assistance benefits and to establish and
enforce standards against program fraud and abuse.50-33-03. Available benefits.1.The department shall pay child care costs required as a result of participation in
allowable activities by the eligible caretaker in a temporary assistance for needy
families household or diversion assistance household. The department shall pay a
portion of child care costs required as a result of participation in allowable activities
by the caretaker based on family size and countable income by applying a sliding
fee schedule established under rules to be adopted by the department.2.Subject to the availability of funding, the department may expand child care
assistance to include an eligible caretaker who is attending a postsecondary
education program in pursuit of a one-year, two-year, or four-year degree or
certificate. If a child care assistance unit includes two parents, child care assistance
may be paid with respect to any child only during times that both parents are
engaged in an allowable activity.50-33-04. Caretaker temporarily out of the home. A caretaker, temporarily living apartfrom the remaining members of the child care assistance unit due to employment, education,
training, medical care, incarceration, or uniformed service, is not considered absent from the
home as long as the caretaker continues to function as caretaker, even if the level of support orPage No. 2care is reduced. The caretaker is counted as a child care assistance unit member and all gross
countable income of that caretaker is included as child care assistance unit income used to
determine the child care assistance payment.50-33-05. State of residence. Only child care assistance units physically residing withinthe boundaries of the state are eligible for child care assistance.50-33-06. Approved relative provider.1.The department may approve a relative provider to provide care for specific children
within a specified county.The department shall provide an approved relativeprovider with a provider identification number. An approved relative provider may
provide care for no more than five children under the age of twelve or three children
under the age of two, including the provider's children.2.Before approving an individual as an approved relative provider, the department
shall seek a criminal history record investigation as provided under section
50-11.1-06.2 and pursuant to section 12-60-24. The department shall consider any
criminal history record information available at the time approval decision is made.
A background check must be completed for each adult living in the household of the
prospective provider.3.No payment may be made to a relative provider who is not an approved relative
provider.50-33-07. Sliding fee schedule.1.The sliding fee schedule established by the department for inclusion within the child
care and development fund state plan to determine eligibility, benefit levels, and the
portion of the allowable child care cost that may be paid as a benefit under this
chapter, must not:a.Exceed available federal and non-federal funding; andb.Provide benefits to a family whose income exceeds eighty-five percent of the
state median income for a family of the same size.2.Child care costs that exceed maximums established under this section are the
responsibility of the family and may not be considered in determining the child care
assistance program payment amount.50-33-08. Limitations on in-home child care benefits. No benefits under this chaptermay be provided for in-home child care unless:1.A health professional provides written documentation demonstrating to the
department's satisfaction that the child's health would be at risk if taken to an outside
provider; or2.A developmental disabilities case manager or a special education case manager
provides written documentation demonstrating to the department's satisfaction that
the child's disability is such that taking the child to an outside provider creates an
undue hardship.Page No. 3Document Outlinechapter 50-33 child care assistance