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  • Welcome to CQEL's Title 5 Tool
  • General Provisions
    • Definitions
    • Eligibility for Funding
  • Selection of Contractors
    • Application Review
    • Appeals for Request for Applications
    • Award of Contract
    • Contractor Eligibility for State Child Care Facilities Fund
  • State Child Care Facilities Fund
    • Priorities for State Child Care Facilities Fund (GAIN)
    • Funding Award Procedures for State Child Care Facility Funds
  • Contingency Funds for Alternative Payment Programs
    • Application for Contingency Funds for Alternative Payment Programs
    • Continued Funding for Alternative Payment Programs
  • General Requirements
    • Scope of General Requirements
    • Definitions - General Requirements
    • Notification of Address Change - General Requirements
    • Materials Developed with Contract Funds
    • Prohibition Against Religious Instruction or Worship
    • Prohibition Against Presigned Checks, Child Development Division Prior Written Approval
    • Prohibition Against Loans and Advances
    • Compliance with Title 22 California Code of Regulations
    • Contracts with Multiple Service Areas
    • Compliance Reviews of Contractors
    • Contractor's Termination for Convenience
    • Title, Use, Disposition and Retention of Equipment
    • Subcontracts Excluded from Scope of This Article
    • Private Contractors
    • Prior Child Development Division Approval
    • Required Subcontract Provisions
    • Audit Requirements for Subcontracts
  • Costs
    • General Standards - Costs
    • Specific Items of Reimbursable Costs
    • Nonreimbursable Costs
    • Charging of Expenditures
    • Recoupment of Advanced Contract Funds
    • Use of Subsidized Parent Fees
    • Prior Approval for Certain Capital Outlay Expenditures
    • Prior Approval for Out-of-State Travel
  • Determination of Reimbursement
    • Determination of Reimbursable Amount
    • Reduction, Withholding, and Cancelling Apportionments to Contractors
    • Order of Expenditure
  • Accounting and Reporting Requirements
    • General Provisions for Accounting
    • Child Development Fund; Interest Bearing Accounts
    • Enrollment and Attendance Accounting
    • Verification of Excused Absence Policies
    • Abandonment of Care
    • General Recordkeeping Requirements
    • Attendance and Expenditure Reports
    • Service Data Report for Resource and Referral Programs
    • Report Data
    • Audits and Auditors
    • Review of Audit by the California Department of Education Office of External Audits
    • Delinquent Audits, One-Time Extension, Liability for California Department of Education Audit Costs
  • Utilization of the Regional Market Rate Ceiling
    • Applicable Regulations
    • Definition - Applicable Regulations
    • Application of Regional Market Rate Ceilings
    • Reimbursement Rate Categories
    • Adjustment for Evenings and/or Weekends for Licensed Providers
    • Adjustment for Children with Exceptional Needs
    • Limitations on Reimbursement
    • Other Reimbursable Fees
    • Reimbursable Hours of Care
    • Reimbursement to Multiple Providers
  • General Child Care Programs
    • Scope of General Child Care Programs
    • Definitions - General Child Care Programs
    • Family Data File Contents
    • Initial Certification of Eligibility
    • Recertification of Eligibility
    • A Family's Right to Voluntarily Request Changes
    • Application for Services Contents
    • Documentation and Determination of Family Size
    • Documentation of Eligibility: Income and Family Fees
    • Income Calculation
    • Documentation of Public Assistance
    • Documentation of Need
    • Documentation of Need: Employment
    • Documentation of Need: Service Limitations
    • Documentation of Need: Seeking Employment
    • Documentation of Need: Educational Programs
    • Documentation of Need: Vocational Training
    • Documentation of Need: Parental Incapacity
    • Documentation of the Child's Exceptional Needs
    • Documentation of Eligibility and Need: Homelessness
    • Documentation of Need: Seeking Permanent Housing
    • Documentation of Child Protective Services
    • Certification of Federal Eligibility for the Federal Based Migrant Program
    • Notice of Action: Application for Services
    • Notice of Action: Recipient of Services
  • Admission Policies and Procedures
    • Admission Policies and Procedures: Interview
    • Admission Priorities, Waiting List, and Displacement
    • Residency Requirements
  • Parent Fees
    • Fee Schedule
    • Fee Assessment: Explanation to Parents
    • Exceptions to Fee Assessment
    • No Additional Payments or Costs Exceptions
    • Credit for Fees Paid to Other Service Providers
    • Receipt for Payment of Fee; Retention of Copy for Records
    • Advance Payment of Fees, Delinquent Fees, and Notice of Delinquency
    • Plan for Payment of Delinquent Fees
    • Consequences of Nonpayment of Delinquent Fees
    • Confidentiality of Records
  • Due Process Requirements
    • Approval or Denial of Child Care and Development Services
    • Changes Affecting Service
    • Clients Request for a Hearing: Rules and Procedures
    • Appeal Procedure for Child Development Division Review
    • Contractor Compliance with Child Development Division Decision
  • Campus Child Care Program
    • Applicable Regulations - Campus Child Care Program
  • Federal Based Migrant Program
    • Scope of Applicable Regulations
  • Eligibility and Enrollment Priorities
    • Enrollment Priorities
    • Eligibility Certification for Federal Based Migrant Programs
    • Migrant Student Record Transfer System
  • State Based Migrant Program
    • Applicable Regulations - State Base Migrant Program
    • Eligibility Criteria - State Based Migrant Program
    • Priorities for Enrollment, Waiting List, Displacement Order - State Based Migrant Program
  • Severely Handicapped Program
    • Applicable Regulations - Severely Handicapped Program
    • Eligibility - Severely Handicapped Program
    • Additional Basic Data File Requirements - Severely Handicapped Program
    • Minimum Hours of Operation - Severely Handicapped Program
  • Alternative Payment Program
    • Applicable Regulations - Alternative Payment Programs
    • Definitions - Alternative Payment Programs
    • Provider Rate for Family Co-Payment - Alternative Payment Programs
    • Information on Contractor Policies - Alternative Payment Programs
    • Information to Be Given to Parents - Alternative Payment Programs
    • Procedures for Provider Participation - Alternative Payment Programs
    • Written Materials to Be Given to Providers - Alternative Payment Programs
  • Receipt of Notification of Temporary Suspension or License Revocation
    • Notification of Parents and Facilities
    • Receipt of Notification of Probationary Status of Facility from Resource and Referral Program
  • Services and Payments
    • Notification of Ineligible Status of a License-Exempt Provider
    • Plan for Continuity of Service and Expenditures
    • Plan for Provider Payments
    • Eligible Providers for Alternative Payment Program
    • Provisional Child Care
    • Offset of Parent Fees Paid to Providers
    • Basic Data File: Receipt of Supportive Services
  • Records
    • Records on File Concerning In-Home Service Providers
    • Records on File Concerning Service Providers
  • Resource and Referral Program
    • Applicable Regulations - Resource and Referral Program
    • Definitions - Resource and Referral Program
    • Service Area - Resource and Referral Program
    • No Fees Charged for Referral Services - Resource and Referral Program
    • Resources Available for Service Providers - Resource and Referral Program
    • Written Referral Policies - Resource and Referral Program
    • Maximizing Parental Choice - Resource and Referral Program
    • Confidentiality of Information - Resource and Referral Program
    • Complaint Procedures - Resource and Referral Program
    • Notification of Temporary Suspension, License Revocation, or Probation
    • Reinstatement of Provider or Facility at Conclusion of Probation or Temporary Suspension
  • Program Quality
    • Scope of Program Quality
    • Definitions - Program Quality
    • Program Philosophy, Goals and Objectives - Program Quality
    • Developmental Profile - Program Quality
    • Education Program - Program Quality
    • Staff Development Program - Program Quality
    • Parent Involvement and Education - Program Quality
    • Health and Social Services - Program Quality
    • Community Involvement - Program Quality
    • Nutrition - Program Quality
    • Program Self-Evaluation Process - Program Quality
    • Parent Survey - Program Quality
    • Environment Rating Scales - Program Quality
  • Staffing Ratios
    • Staffing Ratios for Early Learning and Care Programs
    • Commingling of Age Categories
    • Staffing Ratio Variance
  • Waiver of Qualifications for Site Supervisor
    • Qualifications for Site Supervisor: Conditions
  • Appeal and Dispute Resolution Procedures
    • Scope of Appeal and Dispute Resolution Procedures
    • Termination, Suspension, and Major Reductions in Contract
    • Contractor's Responsibility After Notice of Termination or Notice of Decision
    • Administrative Review of Changes in Contract Status
    • Conditional Status Imposed During the Contract Period
    • Conditional Status Addendum
    • Monthly Reports: Inventory of Equipment
    • Duration of Conditional Contract Status
    • Resolution of Contract Administration Disputes
  • CalWORKs, Early Learning, and Care Programs
    • Definitions - CalWORKs, Early Learning, and Care Programs
    • General Provisions - CalWORKs, Early Learning, and Care Programs
    • Family Eligibility - CalWORKs, Early Learning, and Care Programs
    • Child Eligibility - CalWORKs, Early Learning, and Care Programs
    • Eligibility Duration - CalWORKs, Early Learning, and Care Programs
  • Enrollment into CalWORKs Stage 2
    • Enrollment into CalWORKs Stage 2 by Transfer from a Stage 1 CalWORKs Agency.
    • Enrollment into CalWORKs Stage 2 When Transferring from Another CalWORKs Stage 2 Agency
    • Enrollment into CalWORKs Stage 2 When NOT Transferring from Another CalWORKs Agency
    • CalWORKs Stage 2: Twelve-Month Eligibility
    • Recertification of Eligibility for Stage 2 CalWORKs
    • Requirement to Report when Income Exceeds Statutory Threshold for Income Eligibility - CalWORKs
    • The Family's Right to Voluntarily Request Changes - CalWORKs
    • Eligible Providers for Stage 2 Services - CalWORKs
  • Requirements for Family Data File for CalWORKs
    • Family Data File - Stage 1 or Stage 2 - CalWORKs
  • Provider Payments and Parent Fees for CalWORKs
    • Provider Payments - CalWORKs
    • Parent Fees and Co-payments - CalWORKs
  • Program Policies for CalWORKs
    • Contractor Responsibilities - CalWORKs Program Policies
    • Data Reporting - CalWORKs Program Policies
    • Program Quality - CalWORKs Program Policies
    • Parental Appeals - CalWORKs Program Policies
    • Notice of Action Requirements - CalWORKs Program Policies
  • CalWORKs Stage 3 Child Care Program
    • General Provisions - CalWORKs Stage 3 Child Care Program
    • Family Eligibility - CalWORKs Stage 3 Child Care Program
    • Child Eligibility - CalWORKs Stage 3 Child Care Program
    • Eligibility Duration - CalWORKs Stage 3 Child Care Program
  • Enrollment into CalWORKs Stage 3
    • Enrollment into CalWORKs Stage 3 By Transfer from Another CalWORKs Agency
    • CalWORKs Stage 3: Twelve-Month Eligibility
    • Recertification of Eligibility for CalWORKs Stage 3 Services
    • Requirement to Report When Income Exceeds Statutory Threshold for Income Eligibility - CalWORKs
    • The Family's Right to Voluntarily Request Changes - CalWORKs
    • Eligible Providers for CalWORKs Stage 3 Services
    • Family Data File - CalWORKs Stage 3 Child Care Program
    • Provider Payments and Parent Fees - CalWORKs Stage 3 Child Care Program
    • Parent Fees and Co-Payments - CalWORKs Stage 3 Child Care Program
    • Contractor Responsibilities - CalWORKs Stage 3 Child Care Program
    • Data Reporting - CalWORKs Stage 3 Child Care Program
    • Quality - CalWORKs Stage 3 Child Care Program
    • Parental Appeals - CalWORKs Stage 3 Child Care Program
    • Notice of Action Requirements - CalWORKs Stage 3 Child Care Program
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  1. CalWORKs, Early Learning, and Care Programs

Definitions - CalWORKs, Early Learning, and Care Programs

18400

As used in this Chapter:

(a) “CalWORKs cash aid recipient” means a minor teen parent or adult who receives cash aid from the county welfare department for the CalWORKs or Cal-Learn program.

(b) “Child care provider” means an adult or agency that provides child care services.

(c) “Contractor” means a public or private non-profit agency that has a contract with the California Department of Education for the provision of CalWORKs Stage 2 and/or Stage 3 child care services.

(d) “Diversion services” means one-time assistance services provided by the county welfare department, either in cash or in non-cash services, to an otherwise CalWORKs eligible family, when the county welfare department determines that such assistance will help the family avoid becoming a CalWORKs cash aid recipient.

(e) “Family size” means the number of adults and children related by blood, marriage, or adoption that comprise the household in which the child is living.

(1) When an adult living in the household is neither the parent of the child nor the spouse of the parent, the adult and the adult's children if any, shall be excluded from the calculation of family size.

(2) When a child is living with adult(s) other than a natural or adoptive parent, the child shall be considered a family of one. In these cases, a need criterion as specified in Section 18406(b) or (c) or 18421(b) or (c) must be met by the caretaker of the child.

(f) “Former CalWORKs cash aid recipient” means an adult or minor teen parent who has previously received and is no longer receiving cash aid in the CalWORKs or Cal-Learn program because of, but not limited to, earnings, other income, or a sanction of the adult imposed by the county welfare department.

(g) “Incapacity” means the incapacity of a parent that significantly limits the parent's ability to provide normal care for the child because of a substantiated medical or psychiatric special need that is verified by a legally qualified professional.

(h) “Legally qualified professional” means a person who is licensed under the applicable laws and regulations of the State of California to perform medical, health, or social services for the general public.

(i) “Licensed provider” means an individual or organization that has obtained a child care license, as specified in Title 22, California Code of Regulations, Section 101156.

(j) “Maximum payment rate” means the maximum payment that may be paid to a provider and that is no more than the lower of the provider's rate for unsubsidized children or 1.5 standard deviations above the mean cost of care for the region where the care is provided.

(k) “Notice of action, application for services” means a written statement of specific information issued by the contractor that informs the applicant of the contractor's decision to approve or deny child care services.

(l) “Notice of action, recipient of services” means a written statement of specific information issued by the contractor informing the family receiving child care services that a change has been made to their service agreement. These changes may include, but are not limited to, need and eligibility requirements that are no longer being met, fees that have not been paid, or the proposed modification of the fee or amount of services provided by the contractor.

(m) “Recertification” means a formal process to collect information and documentation to determine that the family continues to meet the eligibility criteria for CalWORKs child care. The adult must certify the information as accurate with a signature.

(n) “Stage 1” means the first stage of CalWORKs child care services. Stage 1 child care services are administered by the California Department of Social Services through county welfare departments pursuant to Education Code section 8351. Stage 1 child care begins when authorized by the county welfare department.

(o) “Stage 2” means the second stage of CalWORKs child care services. Stage 2 child care services are administered by the California Department of Education through contracts with alternative payment program providers pursuant to Education Code section 8353. Stage 2 child care begins when the county welfare department determines that a CalWORKs family is stable and transfers the family to a Stage 2 child care contractor for child care services, or a family applies and is found eligible for Stage 2 services.

(p) “Stage 3” means the third stage of CalWORKs child care services. Stage 3 child care services are administered by the California Department of Education through contracts with alternative payment program providers pursuant to Education Code section 8354. Stage 3 child care begins when a CalWORKs family receiving Stage 1 or Stage 2 child care services has fully utilized the family's 24 months of eligibility to Stage 1 and Stage 2 child care services following the date the adult stopped receiving cash assistance.

(q) “State median income” means the most recent median income for California families as determined by the California Department of Finance.

(r) “Time out” means that a family receiving CalWORKs Stage 1 or Stage 2 child care services becomes ineligible for Stage 1 or Stage 2 because the adult has been off cash aid for 24 months.

(s) “Welfare-to-work activity” means a county welfare department approved activity, including but not limited to, employment, job search, job training, educational training, or participating as a volunteer in a job-related activity.

NOTE: Authority cited: Sections 8203, 8261, 8263 and 8269, Education Code. Reference: Section 8359.1, Education Code.

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