LogoLogo
Not a member? Join CQELTitle 22 ToolDonate to CQELAttend a Training
  • 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
Powered by GitBook

This is for informational purposes only and does not offer legal, accounting, or tax advice. For legal questions, please consult a lawyer.

On this page

Was this helpful?

Export as PDF
  1. General Child Care Programs

Definitions - General Child Care Programs

18078

For the purposes of this chapter, the following definitions shall apply:

(a) “Adjusted monthly income” means the total countable income as defined below, minus verified child support payments paid by the parent whose child is receiving child development services, excluding the non-countable income listed below:

(1) Earnings of a child under age 18 years;

(2) Loans;

(3) Grants or scholarships to students for educational purposes;

(4) Federal Supplemental Assistance Program (CalFRESH/SNAP) or Women, Infants and Children (WIC) benefits or other food assistance;

(5) Earned Income Tax Credit or tax refund;

(6) GI Bill entitlements, hardship duty pay, hazardous duty pay, hostile fire pay, or imminent danger pay;

(7) Adoption assistance payments received pursuant to Welfare and Institutions Code section 16115 et seq;

(8) Non-cash assistance or gifts;

(9) All income of any individual counted in the family size who is collecting federal Supplemental Security Income (SSI) or State Supplemental Program (SSP) benefits;

(10) Insurance or court settlements including pain and suffering and excluding lost wages and punitive damages;

(11) Reimbursements for work-required expenses such as uniforms, mileage, or per diem expenses for food and lodging;

(12) Business expenses for self-employed family members;

(13) When there is no cash value to the employee, the portion of medical and/or dental insurance documented as paid by the employer and included in gross pay;

(14) Disaster relief grants or payments, except any portion for rental assistance or unemployment; and

(15) AmeriCorps Volunteers In Service to America (VISTA) and Federal Emergency Management Agency (FEMA) stipends, room and board, and grants.

(b) “Certified Schedule” means the number of hours per day and/or week that a family is approved to receive subsidized early learning and care services. This is also referred to sometimes as a “child care schedule.”

(c) “Child protective services” means children receiving protective services through the local county welfare department as well as children identified by a legal, medical, social service agency or emergency shelter as abused, neglected or exploited or at risk of abuse, neglect or exploitation.

(d) “Declaration” means a written statement signed by a parent under penalty of perjury attesting that the contents of the statement are true and correct to the best of that parent's knowledge.

(e) “Displace families” means the disenrollment of families in order to reduce service levels due to insufficient funding or inability of a contractor to operate one or more sites because of reasons stated in Education Code section 8271.

(f) “Early learning and care program” is defined as “Child Care and Development Program” as set forth in Education Code section 8208(i).

(g) “Early learning and care services” is defined as “Child Care and Development Services” as set forth in Education Code section 8208(j).

(h) “Educational programs” for purposes of determining need for child care and development services means:

(1) Classes or courses for English language learner (ELL) or English as a Second Language (ESL); or

(2) Classes or courses to attain a high school diploma, a General Education Development (GED), or a High School Equivalency (HSE) certificate, as specified in Education Code section 8263(a)(1)(B).(i) “Family experiencing homelessness” is defined as set forth in section 11434(a)(2) of title 42 of the United States Code, known as the McKinney-Vento Homeless Assistance Act.

(j) “Family” means the parents and the children for whom the parents are responsible, who comprise the household in which the child receiving services is living. For purposes of income eligibility and family fee determination, when a child and that child's siblings are living in a family that does not include their biological or adoptive parent, “family” shall be considered the child and related siblings.

(k) “Fee schedule” means the “Family Fee Schedule,” issued by the State Superintendent of Public Instruction (SSPI) pursuant to Education Code section 8273.

(l) “Immediate need” means a situation in which both subsections (1) and (2) apply:

(1) An eligible parent has a need for child care services pursuant to Education Code section 8263(a)(1)(B); and

(2) The contractor determines that no child care is reasonably available from a licensed, TrustLine registered or TrustLine-exempt provider that meets the parent's need for care.

(m) “Income eligibility” for the purpose of determining income eligibility for early learning and care services is defined as set forth in Education Code section 8263.1(a) and (b), as applicable.

(n) “Income fluctuation” means income that varies due to:

(1) Migrant, agricultural, or seasonal work;

(2) Inconsistent and/or unstable employment or self-employment resulting in an inconsistent pattern of income; or

(3) Intermittent, occasional, sporadic, or infrequent earnings or income, including but not limited to bonuses, commissions, lottery winnings, inheritance, back child support payment, overtime, or net proceeds from the sale of real property or stock.

(o) “Initial certification” means the formal processes the contractor goes through to collect information and documentation to determine that the family and/or child meets the criteria for receipt of subsidized child development services as specified in Education Code sections 8263(a)(1)(A) and 8263(a)(1)(B), respectively. The dated signature of the contractor's authorized representative on an application for services certifies that the criteria have been met, and begins the period of eligibility.

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

(q) “Parent” means a biological parent, adoptive parent, stepparent, foster parent, caretaker relative, legal guardian, domestic partner of the parent as defined in Family Code section 297, or any other adult living with a child who has responsibility for the care and welfare of the child.

(r) “Parental Incapacity” means the temporary or permanent inability of the child's parent(s) to provide care and supervision of the child(ren) for any part of the day due to a physical and/or mental health condition.

(s) “Provisional child care provider” means an individual, exempt from licensure pursuant to Health and Safety Code sections 1596.792(d) or (f), who provides child care for a child or children of an eligible parent for a period of up to 30 days when there is an immediate need. The provisional child care provider shall have completed a TrustLine application and submitted fingerprints, in accordance with Health and Safety Code sections 1596.603 and 1596.605.

(t) “Recertification” means the formal processes the contractor goes through to collect information and documentation to determine that the family and/or child continues to meet the criteria for receipt of subsidized child development services as specified in Education Code sections 8263(a)(1)(A) and 8263(a)(1)(B), respectively. The dated signature of the contractor's authorized representative on an application for services certifies that the criteria have been met, and begins the period of eligibility.

(u) “Recipients of service” means families and/or children enrolled in an early learning and care program subsidized by the California Department of Education (CDE).

(v) “Self-Certification of Income” means a declaration signed by the parent under penalty of perjury identifying:

(1) To the extent known, the employer's name, address, start date of work, the rate and frequency of pay, the total amount of income received for the preceding month(s), the type of work performed, and the hours and days worked; or

(2) That the parent does not have income from employment and any source of income used to support the family including non-wage income.

(w) “Total countable income” means all income of the individuals counted in the family size that includes, but is not limited to, the following:

(1) Gross wages or salary, commissions, overtime, tips, bonuses, gambling or lottery winnings;

(2) Wages for migrant, agricultural, or seasonal work;

(3) CalWORKs cash aid;

(4) Gross income from self-employment less business expenses with the exception of wage draws;

(5) Disability or unemployment compensation;

(6) Workers compensation;

(7) Spousal support, child support received from the former spouse or absent parent, or financial assistance for housing costs or car payments paid as part of or in addition to spousal or child support;

(8) Survivor and retirement benefits;

(9) Dividends, interest on bonds, income from estates or trusts, net rental income or royalties;

(10) Rent for room within the family's residence;

(11) Foster care grants, payments or clothing allowance for children placed through child welfare services;

(12) Financial assistance received for the care of a child living with an adult who is not the child's biological or adoptive parent;

(13) Veterans pensions;

(14) Pensions or annuities;

(15) Inheritance;

(16) Allowances for housing or automobiles provided as part of compensation;

(17) Insurance or court settlements for lost wages or punitive damages;

(18) Net proceeds from the sale of real property, stocks, or inherited property; or

(19) Other enterprise for gain.

(x) “Variable schedule,” as provided in Education Code section 8221.5, means a schedule in which the total number of hours worked each week is inconsistent and/or unstable from week to week.

(y) “Vocational training” means an educational or job training/apprenticeship/internship program courses and/or classes leading to a recognized trade, paraprofession or profession.

NOTE: Authority cited: Sections 8261 and 8263, Education Code. Reference: Sections 8202, 8203, 8208, 8221.5, 8261, 8263, 8263.1 and 8273, Education Code.

PreviousScope of General Child Care ProgramsNextFamily Data File Contents

Last updated 10 months ago

Was this helpful?