The Department of
Health and Human Services (“DHHS”) is designated as the lead
agency with primary responsibilities for the planning and
administration of child care subsidies funded with the Child Care
The Child Care and
Development Fund (“CCDF”) Block Grant Act of 1990, as amended, 42
USC § 9858b (b)(1)(A), (the “Act”) requires the Lead Agency to
“administer, directly, or through other governmental or
non-governmental agencies” the funds received. The regulations at
45 CFR 98.11 provide that, in addition to retaining “overall
responsibilities” for the administration of the program, the Lead
Agency must also (among other things) promulgate all rules and
regulations governing the overall administration of the CCDF program.
1.00 DEFINITION OF TERMS
1.01 Administrative Hearing means the Department’s
review of the decision to deny, reduce or terminate services to the
subsidy applicant/client as set forth in Section 13, Administrative
1.02 Attending a Job Training or Educational Program
means a person is enrolled and attending at least half time job
training or educational program.
1.03 Award Letter means the document a Parent receives
that defines the Child Care Subsidy amount awarded, the Parent fee
and the date that the subsidy begins. These authorizations are good
for one year provided the parents’ eligibility doesn’t change. The Child Care Provider the Parent has selected also receives a
copy of the award letter.
1.04 Care and Custody means
children in the care and custody of the Department of
Health and Human Services or a Federally Recognized Tribe.
1.05 Caseworker means an employee of the Maine
Department of Health and Human Services or Federally Recognized
Tribe, authorized to provide specialized case management services to
neglected, abused or exploited children and their families and to
children in care or custody.
1.06 CCDF means Child Care and Development Fund (45
C.F.R. Parts 98 and 99) and includes CCDF Mandatory, CCDF
Discretionary, CCDF Matching, CCDF TANF Transfer Funds and state
funds used for state match and maintenance of effort.
1.07 Child Care Facility means a facility licensed by
the Maine Department of Health and Human Services that is a house or
other place in which a person maintains or otherwise carries out a
regular program, for consideration, for any part of a day providing
care and protection for three (3) or more children between the ages
of six (6) weeks and thirteen (13) years of age. There are two sizes
of child care facilities: (a) child care centers which care for 13
or more children and (b) small child care facilities which care for
3-12 children. Child Care Facility does not include a Family Child
Care or a summer camp established solely for recreational and
educational purposes or a formal public or private school in the
nature of a kindergarten or elementary or secondary school.
1.08 Child Care Provider means an individual who
provides Child Care Services directly to an eligible child on a
person-to-person basis. A Child Care Provider includes all those
included in 2.02.3 A-G.
1.09 Child Care Services means the care given to an
eligible child by an eligible Child Care Provider.
1.10 Child Care Subsidy means child care subsidy
payments made by the Department to the Child Care Provider on behalf
of the Parent for Child Care Services provided to an eligible child.
1.11 Department means the Maine Department of
Health and Human Services (DHHS).
1.12 Department Approved or Department
Authorized means approval by the
State Child Care Administrator or his or her designee.
1.13 Educational Program means a program at an
elementary or secondary educational institution, a program that
provides for completion of a secondary diploma or HiSET (High School
Equivalency Test), or any other approved high school equivalency
test, vocational education program, or post-secondary undergraduate
institution in which the parent is matriculating credits toward a
degree. Parents must be enrolled and attend classes either in person
or by computer.
1.14 Employed means gainful work that produces
earned incomes from wages, salaries, commissions, fees, tips, piece
rate payments, or self-employment in one’s own business,
professional enterprise, partnership or farm.
1.15 Family is defined as: (a) a child and the
related and/or non-related adults who are living together in a
legally binding relationship to the child either by blood, marriage,
adoption, or registered domestic partnership or (b) the child and an
adult acting In-loco Parentis.
1.16 Family Child Care is certified by the Maine
Department of Health and Human Services and the term Family Child
Care means care provided in an individual’s legal primary
residence on a regular basis, for consideration, for three (3) to
twelve (12) children between the ages of six (6) weeks and thirteen
(13) years of age who are not the children of the provider.
1.17 Federally Recognized Tribe means the Penobscot
Tribe, Passamaquoddy Tribe, Aroostook Band of Micmacs, Houlton Band
of Maliseets, and other Native American Tribe, band, nation or other
organized group or community that is recognized as eligible for the
special programs and services provided by the United States to Native
Americans because of their status as Native Americans.
1.18 Gross Family Income is the sum of all money,
earned and unearned, already received or reasonably anticipated to be
received by all family members during the service eligibility period.
Income excluded from Gross Family Income is listed at 5.12.
1.19 Hobbymeansan activity done for
relaxation, and not for the purpose of meeting the basic daily living
expenses of the individual. Activities generating income below $7740*
(figured on the current minimum wage rate) per year shall be
considered a hobby.
1.20 Homeless Children means children who meet any
of the following
who lack a
fixed, regular, and adequate nighttime residence
sharing the housing of other persons due to loss of housing,
economic hardship, or a similar reason; are living in motels,
hotels, or camping grounds due to the lack of alternative adequate
accommodations; are living in emergency or transitional shelters;
are abandoned in hospitals; or are awaiting foster care placement
who have a
primary nighttime residence that is a public or private place not
designed for or ordinarily used as a regular sleeping accommodation
for human beings
living in cars, parks, public spaces, abandoned buildings,
substandard housing, bus or train stations, or similar settings
migratory children (as such term is defined in section 1309 of the
Elementary and Secondary Education Act of 1965).
Infant means a child six (6) weeks through twelve (12)
months of age.
1.22 In-home Child Care Provider means a Child Care
Provider who is 18 years of age or older and cares for children
within the child’s home. The provider may be a relative, but not
be a member of the child’s Family or live in the child’s home.
care is provided in a child’s home by a Child Care
Provider hired by the Parent and cannot provide care for more than
two (2) children receiving Child Care Subsidy. This type of care is
not regulated by the State; however, for the purposes of Subsidy
payment, the Child Care Provider must meet the background check
requirements and other health and safety requirements as set forth in
1.23 In-loco Parentis as used in these rules means
any relative with custody (whether or not court ordered) or any
person with court-ordered custody.
1.24 Job Training Program means vocational
training, field training, on-the-job training and other recognized
job readiness training programs focused upon the acquisition of
knowledge and skills that prepare the participant for employment.
1.25 Kinship Relative Care means services provided
to a child in care or custody or services intended to prevent removal
of a child under a plan by the Department by any person identified by
Title 22 M.R.S.A. § 4002 (9-B) as a relative.
1.26 Legal, Unregulated Child Care Provider means
an individual who is not licensed, certified or otherwise regulated
to provide Child Care Services. The legal, unregulated Child Care
Provider must be 18 years of age and not be living in the child’s
home or be a member of the child’s family. No person or entity can
operate a Family Child Care in their own residence for more than two
(2) children who are receiving Child Care Subsidy Program without a
certificate from the Maine Department of Health and Human Services
authorizing such operation. This type of care is not regulated by
the State; however, for the purposes of Subsidy payment, the Child
Care Provider must meet the background check requirements and other
health and safety requirements as set forth in 7.03.
1.27 Maine Resident means an applicant who has
established Maine as a permanent home, the place where s/he intends
to return after any period of absence. Maine residency, once
established, continues until a new, fixed and permanent home is
acquired. Documentation of Maine residency includes a Maine home
address where the applicant lives and one or more of the following
items: current Maine individual income tax return indicating Maine
Resident status, valid Maine driver’s license, Maine State ID,
current Maine motor vehicle registration, current Maine
hunting/fishing license, proof of undergraduate Student instate
tuition payment, and other reasonable verification. Exception:
Homeless individuals must provide a self-declaration of residence and
have two affidavits signed by two different individuals who are Maine
1.28 Market Rate means the maximum payment
allowed for the Child Care Subsidy program. The Market Rate
includes, and is limited to, the total of the Child Care Subsidy
payment and the Parent fee. The Department sets the Market Rate
based on a survey of Child Care Providers’ fees.
1.29 Misrepresentation means an action taken by a
participant with the intention of receiving financial assistance to
which the participant is not entitled.
1.30 New Hampshire Regulated Child Care Provider
means a Child Care Provider in New Hampshire who is subject to rules
and regulations comparable to the Department’s rules for regulation
of Child Care Facilities and Family Child Cares. The Parent must be
a Maine Resident and the child must reside with the Parent. The
maximum Market Rate for subsidy payment for a New Hampshire Regulated
Child Care Provider equals the Market Rate set for the Maine County
where the Parent resides.
1.31 OFI means the Office for Family Independence,
the State agency that administers the program called TANF.
1.32 Open Child Protective Case means a case
referred by the Department of Health and Human Services or Federally
1.33 Parent means a parent by blood, marriage,
adoption, a legal guardian or other person standing in loco
parentis. The child receiving Child Care Services must reside
with the Parent.
1.34 Parenting Teen means the Parent is less than
20 years of age, residing with his or her children and attending a
secondary school or a HiSET equivalency program. Subsidy
eligibility for these parenting teens also continues through the
summer should they choose to work or continue in their educational
1.35 Physical or Mental Incapacity means a
condition that affects the ability of children to care for
themselves. Children who have a physical or mental incapacity are
physically or mentally incapable of caring for themselves. Physical
or mental incapacity must be diagnosed by a qualified professional or
be court determined.
1.36 Post-Child Protective Clients means clients
authorized by the Department of Health and Human Services Caseworker
or a Caseworker from a Federally Recognized Tribe to continue
services for a maximum of one (1) three-month period following
closure of an Open Child Protective Case.
1.37 Preschool Age Child means a child more than 36
months of age but not yet enrolled in full time kindergarten.
1.38 Provider Agreement means an agreement between
a Child Care Provider and the Department of Health and Human Services
that outlines the requirements related to accepting Child Care
Subsidy through a Subsidy from DHHS.
1.39 Protective Services means specialized casework
services to neglected, abused, or exploited children and their
families. For the purposes of subsidy services, protective services
include Open Child Protective Cases and children in Care and Custody.
1.40 Quality for ME, Maine’s Quality Rating and
Improvement System means a tiered step based program designed to
increase awareness of quality standards of early care and education,
to recognize and support providers who are providing care above and
beyond those standards, and to give families a simple tool to help
recognize and choose child care.
Reimbursement Basis means compensation after
services are rendered.
1.42 Relative Child Care Provider means a Child
Care Provider who is 18 years of age or older and provides Child Care
Services only to eligible children who are, by marriage, blood
relationship, or court decree, the grandchild, great grandchild,
sibling, niece, or nephew of such provider. Relatives, including
siblings, providing care must live in a separate residence. A
Relative Child Care Provider must have the same background checks as
a non-relative Legal, Unregulated Child Care Provider.
1.43 Recreational Program means a non-residential
program for children between six (6) and twelve (12) years of age or
a child between thirteen (13) years of age and eighteen (18) years of
age, inclusive, who is physically or mentally incapable of caring for
him or herself or is under court supervision, inclusive, operated by
a community-based program that meets staff-to-child ratio
requirements and performs criminal history, motor vehicle, and child
abuse/neglect background checks as required of Department regulated
Child Care Facilities.
1.44 Residing with means the child is living with
the applicant who is maintaining a home or main domicile for the
1.45 Sectarian Child Care means a licensed Child
Care Facility that provides religious activities, including but not
limited to religious worship or instruction.
1.46 School-Age Child means a child between five
(5) years of age and twelve (12) years of age or a child between
thirteen (13) years of age and eighteen (18) years of age, inclusive,
who is physically or mentally incapable of caring for him or herself
or is under court supervision, inclusive, and who attends school.
1.47SFPSS means State Funds for Purchased Social Services.
1.48 Significant Income Change means a change in
the source or amount of income which is greater than $100 per month
and expected to continue into the future for more than one month.
1.49 Sliding Fee Scale means a system of cost
sharing by a family based on income and family size, in accordance
with changes in the federal poverty levels.
1.50 Special Needs Child means a child under the
age of 12 with a specific diagnosis/disability which without
intervention may impede or impair the attainment of developmental
milestones. This includes:
a. A child who experiences significant developmental delays or who
has a diagnosed physical or mental condition which has a high
probability of resulting in a significant developmental delay.
Significant delay is a 25% delay in one or more areas of development
or a six (6) month delay in two (2) or more areas. Areas of
development include: cognitive, speech/language, physical/motor,
vision, hearing, psycho-social, and self-help skills. Developmental
delay is determined and documented by early intervention programs,
special education programs, or other multi-disciplinary teams.
Documentation must be provided with the application for Child Care
b. A child considered being at-risk for health or developmental
problems as a result of established biological risk factors, and/or
as a result of identified environmental risk factors including
homelessness, and who is referred by a third party such as
public health agencies, physicians, schools, government agencies,
community social service agencies, homeless shelter, early
intervention specialists, and/or Federally Recognized Tribes; and
c. A child between thirteen (13) years of age and eighteen (18)
years of age, inclusive, who is physically or mentally incapable of
caring for him or herself or is under court supervision, can also be
provided a Subsidy.
1.51 Student means a Parent enrolled and attending
an Educational Program.
The Student must be a Maine Resident.
1.52 Subsidy Payment means the weekly or biweekly
amount that the Department pays the Child Care Provider for Child
Care Services provided to an eligible child as set forth in the Child
Care Subsidy agreement.
1.53 Substance Abuse Treatment Programmeans
an appropriately licensed provider of assessment, diagnosis, care and
treatment or rehabilitation services for individuals who are
suffering physically, emotionally, or psychologically from the abuse
of alcohol and/or other drugs.
1.54 TANF means Temporary Assistance for Needy
Families, which is a program administered by the Department of Health
and Human Services, Office for Family Independence (OFI).
1.55 Timely Documentation acknowledges that parents
are required to provide documentation for eligibility purposes and
that there may be circumstances beyond the reasonable control of the
parent that result in an inability or failure to timely or otherwise
comply with the requirements of these rules. When this occurs, the
Department may provide for a reasonable extension of time or
modification of the rules under the particular circumstances.
1.56 Timely Notice means written notification from the
Department that is mailed to the Parent and the Child Care Provider
twelve (12) calendar days before change is effective. This allows ten
(10) calendar days for notice that services will terminate and two
(2) days for mailing. For the sake of this program notice mailed to
the last known address and not returned is assumed received. See
also Section 11, Termination of Services.
1.57 Toddler means a child thirteen (13) months
through thirty-six (36) months of age, inclusive.
1.58 Very Low Income means Gross Family Income,
adjusted to family size, does not exceed 100% of the Federal Poverty
Section 2.00 SERVICE DEFINITIONS
2.01 The Child Care Subsidy Program
The Maine Child Care Subsidy
Program includes the administration of funds from the federal
Child Care and Development Block Grant, state funds and other
federal funds. The purpose of the Maine Child Care Subsidy
Program is to increase the availability, affordability, and
quality of Child Care Services. In order to maximize parental
choice for purchasing child care, Maine provides a system of
financial support for eligible low income families and other
designated client groups through the use of Vouchers.
The administration of the
Child Care Subsidy Program in Maine will be performed by the
Department Health and Human Services (DHHS).
DHHS staff will be required to sign client
confidentiality statements provided by the Department.
will administer funds in a manner that insures continuity of subsidy
services from one contract year to the next as long as Parents remain
eligible and funding in subsequent years is not reduced.
Child Care Subsidy is
available depending upon funding, and shall not be interpreted to
entitle any individual or Family to assistance under this program.
A Child Care Subsidy is not a
grant to or contract with a Provider but instead is assistance to
Subsidy may pay for Child
Care Services provided in or by:
a. A Child Care Facility licensed by the Department and enrolled in
either Active or Waiver Status in the Maine Child Care Quality Rating
and Improvement System (QRIS), Quality for ME
b. A Family Child Care licensed by the Department and enrolled in
either Active or Waiver Status inthe Maine Child Care Quality
Rating and Improvement System (QRIS), Quality for ME
c. A Legal, Unregulated Child Care Provider
d. An In-home
Child Care Provider
e. A Recreational Program
f. A New Hampshire Regulated Child Care Provider licensed by
g. A Relative Child Care Provider.
is approved for enrollment hours as specified in Section 9,
Enrollment, and cannot exceed fifty (50) hours per week without
prior approval of the Department.
subsidy payment is set by the Department based on a biennial Market
Rate Survey required by federal law (45 CFR 98.42). The Sliding
Fee Scale is determined by the Department adjusted for family size
and income. Together the Parent fee and the Subsidy payment may not
exceed the Child Care Provider’s rate for their other clients for
comparable care and may not exceed the Market Rate. Together they
constitute payment to the provider for Child Care Services. See
Standard 7.07, Special Child Care Provider Fees.
2.04 Subsidy is only paid and payments are only made once
eligibility is determined for both the Parent and the Child Care
Section 3.00 CHILD
ELIGIBILITY AND CLIENT GROUPS SERVED
is eligible for Child Care Subsidy services if: (a) the child’s
gross family income does not exceed an income level set by the
Department of Health and Human Services and (b) the child’s
Parents are Employed, and/or Attending Job Training or Educational
Program. The child will receive Child Care Subsidy services to the
extent that funding is available.
to be eligible for Child Care Subsidy, children must be at least 6
weeks of age and not have reached their 13th birthday.
3.02.2 Children with special needs who have not reached their
19th birthday may be served if they are physically or
mentally incapable of caring for themselves as diagnosed by a
qualified professional or court ordered.
3.02.3 Subsidy may be issued for children less than 6 weeks of
age who have approval by the Department of Health and Human Services,
Division of Licensing and Regulatory Services to be cared for in a
Child Care Facility or a Family Child Care.
from Very Low Income Families
Children from Very Low Income
Families and children with special needs will be given equal
priority over other children otherwise eligible for Child Care
Children with Special Needs
3.04.1 Documentation of the disability and a diagnosis must be
provided by a child development specialist, social worker, licensed
therapist, physician, psychiatrist, psychologist, or other recognized
health care professional.
3.05 Children in Care and Custody
Child Protective Cases are eligible for Child Care Subsidy
Services to the extent funding is available.
Protective Clients are eligible for Child Care Subsidy Services to
the extent funding is available.
placed in Kinship Relative Care is eligible for Child Care Subsidy
Services to the extent funding is available.
child in Care and Custody is eligible for Child Care
Subsidy Services to the extent funding is available.
must be Employed or Attending a Job Training or an Educational
Program to be eligible.
Needing Child Care
3.06.1 The eligibility for services will continue
uninterrupted for a child of a Student during a normal summer
vacation period (about 15 weeks). Student must be enrolled for
benefits to continue.
3.06.2 Child Care Subsidy Services will continue following a
scheduled break in attendance upon receipt of an updated school
schedule and documentation of satisfactory progress and attendance by
the Student. See Standard 4.05.3.
is the Student’s responsibility:
a. To recruit a Child Care Provider who is willing to forego
payment for a summer vacation period when the Student is neither
Employed nor looking for work; or
b. To recruit a new Child Care Provider upon his or her
return to school,
c. To contact DHHS thirty (30) calendar days prior to
resuming enrollment to re-determine eligibility and rewrite or update
the subsidy agreement.
Applicants will Not be Eligible for Subsidy if they:
3.07.1 Owe DHHS restitution or owe assessed fees
to a Child Care Provider with whom the applicant had a subsidy
agreement unless a reasonable payment plan has been set up and the
parent is making regular payments on the arrears.
3.07.2 Had their Child Care Subsidy services
terminated for misrepresentation of their Family income, Family size,
or other eligibility criteria in order to be found eligible for
services. The Parent may re-apply for Child Care Subsidy one year
from the date their Subsidy was terminated because of
misrepresentation. If the Parent requests an Administrative Hearing
within 10 calendar days of the termination of their Child Care
Subsidy and the Hearing Officer rules in favor of the Parent, Child
Care Subsidy will be re-instated pending the outcome of the Hearing
(see Sec. 13.04.3). The Parent may re-apply for Child Care Subsidy
one year from the date their Subsidy was terminated because of
misrepresentationand if the Final Decision by the Hearing
Officer or Commissioner is not favorable to the parent, the parent
may re-apply one yearfrom the date of the Hearing Officer or
Commissioner’s Final Decision.
ELIBILITY DOCUMENTATION AND DETERMINING
4.01 To be eligible for Child Care Subsidy, families must
demonstrate a need for care. In general, that means that the Parent
must be Employed or attending an Educational Program which prevents
the Parent from providing care and supervision of the children in the
household during the time the Parent is participating in the
activity. If there are two (2) Parents in the home, both must be
Employed or attending an Educational Program.
4.01.1 Activity: Employment in the Private or Public Sector
Income-eligible Parents who are Employed in the private or public
sector (not self-employment) and who have children who need care are
considered to need child care.
4.01.2 Per Diem
eligible parent who is employed in the public or private sector on a
per diem basis and is not self-employed may be eligible for child
care subsidy if the following criteria are met:
The Parent is
responsible to recruit a Child Care Provider who is willing to forgo
payment until pay stubs verifying the hours worked have been
submitted to the Department.
The Parent must
submit pay stubs to the Department for all hours requesting Child
Care Subsidy on a biweekly basis. Failure to do so will result in
nonpayment of child care subsidy.
Night Time Employment.
who are Employed at night may be approved for a maximum of eight (8)
additional hours of sleep time. However, children shall not remain in
care longer than eighteen (18) hours within a 24-hour period.
The following definitions shall apply to child care policies
a. Livelihood: means of support or survival in which an
individual engages to meet daily living expenses.
generating gross income below $7740 (figured on the current minimum
wage rate see 1.19) per year shall be considered a Hobby.
4.03.1 Criteria for Approval of Self-Employment Activity
Child Care Subsidy may be approved for Parents who are self-
employed if all of the following conditions are met:
a. The Family depends upon the self-employment activity for
their livelihood, and the time and effort put into the activity
indicate intent to make a profit. Passive or casual activities that
can be more appropriately qualified as “hobbies” or volunteer
work do not meet this criterion.
b. Parents must participate in self-employment activity a minimum
average of twenty (20) hours per week and show an income of at least
the current state minimum wage per hour. If both Parents are
self-employed, jointly or separately, the minimum work hour/minimum
wage requirement applies to each. See exceptions in Section 4.04.
This proof is determined by tax documents indicated in 4.03.1(c).
individuals must provide a complete copy of their current tax return
by April 30 of each year, including the 1040 form, 1040 Schedule C
(Profit or Loss from Business), 1040 Schedule SE (Self-Employment
tax,) and any other tax forms as required per type of
self-employment. (Refer to the chart, below)
Types of Self-Employment and Required Documentation:
owns and operates trade or business alone. All profit and loss
belong to the individual.
of doing business (including depreciation)
more individuals agree to contribute money and skill/labor to
share profits and losses as well as management.
may own different percentages of the business.
legal entity formed by individuals but having separate legal
status from the individuals. Corporations must file Articles of
Incorporation with the Secretary of State.
earnings for the
Period for New Self-Employment
4.04.1 Parents who are just beginning self-employment, or
whose self-employment endeavor is less than twelve (12) months old,
may be granted Child Care Subsidy for six (6) months to launch their
business and obtain the necessary licenses and registrations. If the
Parent has an estimate of what his or her monthly income and expenses
will be, the estimate can be used for income; otherwise the
Department should enter one dollar ($1.00) for the income.
4.04.2 In order to continue Child Care Subsidy for the next
six (6) months, self-employed Parents must provide a completed
federal 1040 Schedule C Tax Form as a profit and loss statement. The
Parent fee for the next six (6) months will be re-determined based on
4.04.3 After twelve (12) months, Parents must provide proof
that they are employed at least twenty (20) hours per week at or
above the state minimum hourly wage as set forth in Section
4.03.1(b). Failure to provide the required documentation will result
in case closure. If self-employed Parents wish to continue to
receive Child Care Subsidy, they must choose another qualifying
4.04.4 Each applicant/family is eligible for no more than one
(1) launch period, for a total of twelve months of subsidy.
4.05 Activity: Job
of Parents who verify attendance at Job Training and Educational
Programs demonstrate a need for child care. Parents shall be
considered eligible for care with the following clarifications:
Attendance at Program or Training
Parents must be enrolled and required to physically attend classes
either in person or by computer offered at a regularly scheduled time
(i.e. 11:00 every Monday and Wednesday), and there is not another
Parent in the home available to take care of the child(ren), and the
Parent is enrolled in at least 6 credits per semester.
Reasonable Study Time
two (2) hours of study time per credit hour of any approved program
is covered.When possible, study periods or study groups
shall be arranged between classes or immediately following the last
class of the day in order to provide a consistent and uninterrupted
routine for the child(ren) in care.
granting study time, the subsidy manager should consider the credits
earned of the client’s classes, the client’s special needs, the
amount of time between classes, and the ages of the client’s
Satisfactory Progress and Attendance
who attend educational activities or job training must provide
documentation of satisfactory progress and attendance. For college
Students, this is demonstrated by maintaining a 2.0 grade point
average per semester. A copy of the Student’s grades will document
compliance. If the Student fails to meet the 2.0 requirement the
case shall be closed. Other Students will need to submit statements
from the educational or job training facility which documents that
attendance and progress are satisfactory.
whose employment status has changed because of seasonal employment or
a planned lay-off shall not be required to re-apply for their child
care subsidy when they return to work, if the following action and
criteria are met:
must provide the Department a written notice two (2) weeks prior to
the end of seasonal employment or the planned lay off.
notice must include a statement from the Parent’s employer stating
the date employment will commence again, the number of hours to be
worked, and the hourly rate of pay.
starting date of employment may not exceed ninety (90) calendar days
from the last date of employment.
4.07 One Parent
with a Disability
two-parent home, if one parent has a documented (medical
documentation) incapacity or disability which renders him/her unable
to care for the child(ren) and unable to work, and the other parent
is working, attending an educational program or job
training/education, the child(ren) will be eligible for subsidy,
provided the family meets the financial eligibility requirements if
the following actions and criteria are met:
documentation does not include information from the
Security Administration (SSA) or MaineCare’s Medical Review Team
(MRT) indicating a disability, the parent will have twelve (12)
months to obtain verification of the incapacity or disability through
SSA or MRT.
Parents shall be
given 90 days to initiate procedures to
approval of incapacity or disability through Social Security
Administration (SSA) or MaineCare’s Medical Review Team (MRT).
Written documentation from one of these organizations is needed to
document the action.
Parents who fail
to provide this documentation upon the
of 90 days shall be ineligible for subsidy.
Parents who fail
to provide formal documentation of incapacity or disability within
one year shall be ineligible for subsidy.
Parents who were
previously granted twelve (12) months to
verification shall not be granted another twelve (12) months to seek
verification for any subsequent application.
the impairment is believed to be temporary (less than twelve months)
the parent must provide medical information that provides a diagnosis
and a prognosis, including the length of time the parent cannot be
involved in work activities. Temporary disabilities are intended to
cover those incapacities such as broken limb, recovery from surgery
and short-term disability.
4.08 Parents on Maternity/Paternity Leave, Short-Term Medical
Leave or Job Search for Active Recipients
A family is eligible for one of the following three breaks in
eligibility within a six month period. Only one covered break in
eligibility as defined below shall be granted within a six month
4.08.1 The Department will pay for up to twelve (12) weeks
of child care in accordance with the current award letter for a child
whose parent is on maternity or paternity leave, regardless of
whether or not the child attends child care. This leave starts from
the time of the birth of the new sibling. This leave is separate
time and is not counted against excused absences (Section 9.05.4).
Two (2) weeks prior to the end of the leave, the parent must provide
verification of returning to work to the Department by the end of the
12th week. Subsidy will not be paid beyond the 12th
week if the verification is not submitted or if the parent does not
return to work at that point.
4.08.2 The Department will pay for up to twelve (12) weeks of
child care in accordance with the current award letter for a child
whose parent is on short-term medical leave, regardless of whether or
not the child attends child care. This leave coincides with the date
of leave from employment. This leave is separate time and is not
counted against excused absences (Section 9.05.4)
Two (2) weeks prior to the end of the leave, the parent must
provide verification of returning to work to the Department by the
end of the 12th week. Subsidy will not be paid beyond the
12th week if the verification is not submitted or if the
parent does not return to work at that point.
4.08.3 The Department will pay for up to twelve (12) weeks of
child care for current recipients who have lost work or who have
completed school and are looking for work. This coverage starts at
the time of the first day of unemployment. Parents must contact the
Department and complete a Job Search Request Form and request job
search time. The Parent shall be granted up to 20 hours a week of
subsidized child care. This leave is separate time and is not
counted against excused absences (Section 9.05.4).
5.00 ELIGIBILITY DOCUMENTATION AND DETERMINING FINANCIAL ELIGIBILITY
child must be a U. S. citizen or a “qualified alien” as defined
by the Immigration and Nationality Act, 8 USC §§ 1101 et seq.
Only the citizenship and immigration status of the child, who is the
primary beneficiary of the child care benefit, is relevant for
eligibility purposes. Applicants who cannot provide verification of
citizenship of children receiving Child Care Services are not
eligible for subsidy.
5.01.1 A U.S.
Citizen is either:
a. A person born in the territory of the United States; OR
b. An individual born of a parent who is a U.S. citizen or who
otherwise qualifies for U.S. citizenship under §301 et seq.
of the Immigration and Nationality Act; [8 U.S.C. §§ 1401-1409], OR
c. A person who has undergone naturalization. Naturalization is the
process by which a citizen of a foreign country becomes a United
States citizen, OR
d. A national (both citizen and non-citizen national)
1. Citizen National. A citizen national is an individual who
otherwise qualified as a U.S. citizen under §301 et seq. of
the Immigration and nationality Act [8 U.S.C. §§ 1401-1409]
2. Non-Citizen National. A non-citizen national is an individual of
the United States, including American Samoa and Swain’s Island, to
a parent who is a non-citizen national.
5.01.2 As defined by the Immigration and Naturalization Act,
a qualified alien is:
admitted for permanent residence
A refugee admitted to the United States
d.An alien paroled into the United States for a period of
at least one year
An alien whose deportation or removal is being withheld
An alien granted conditional entry
g.An alien who is a Cuban Haitian entrant under
the Refugee Education Assistance Act of 1980
h. An alien who (or whose child or Parent) has been battered or
subjected to extreme cruelty in the U. S.
i. Native American who is a member of a federally-recognized
j. American Indian born in Canada
k. Iraqi Special Immigrant
l. Afghani Special Immigrant
m. Americasian admitted to the U.S. pursuant to 584 of the
Foreign Operations,Export Financing,and related Programs
n. Aliens certified as trafficking victims
5.01.3 Acceptable Proofs of Citizenship: Citizenship can be
verified by submission of any document that proves a U.S. place of
birth or documents showing that the person is a U.S. citizen. All
documents must be either an original or a copy certified by the
issuing agency. Verification of citizenship is required only once,
unless later evidence makes it questionable.
5.01.4 Child Born in Maine and Verification of Citizenship
Lost or Destroyed: When applicants cannot provide proof of
citizenship for a child born in Maine, the application should be
processed as usual and the Parent given a thirty (30) day Award
Letter. The Parent must supply verification of citizenship within
thirty (30) calendar days or the case will be closed.
5.01.5 Child Born Out-of-State and Verification of
Citizenship Lost or Destroyed: When applicants cannot provide proof
of citizenship for a child born out-of-state, the application should
be processed as usual and the Parent given a ninety (90) day Award
Letter. The Parent must supply verification of citizenship within
ninety (90) calendar days or the case will be closed. Caseworkers
should set a tickler as a reminder to follow up on the requirement.
If verification is supplied, the worker should issue an Award Letter
for the remaining nine months. If verification is not supplied and
the parent can provide a copy of the original dated document
requesting verification of citizenship and a copy of a second dated
document following-up on the status of the request, an additional
ninety (90) day Award Letter shall be granted.
5.01.6 The Jay Treaty of 1794 recognizes the aboriginal
right of Native Americans to pass the border of the U.S. and Canada.
When a Native American with Canadian citizenship moves to Maine, they
are recognized as lawfully admitted for permanent residence.
5.01.7 U.S. born children of illegal immigrants shall not be
denied services based upon the citizenship status of their Parent(s).
5.02 Maine Residency Requirement and Proof of Identity
Child Care Subsidy applicants must be a resident of the state of
Maine. Proof of identity and residency is required, and shall be
established by showing a valid photo ID and proof of residency,
selected from the following list. If applicants do not have proof of
identity, they shall be given ten (10) calendar days to provide it.
Forms of Proof of Identity:
a. An original, valid, current Maine driver’s license, permit,
Maine State ID, or ID card with photograph
b. An original, valid, current, unexpired Certificate of U. S.
Citizenship (INS Form N-560) with photograph
c. An original, valid, current, unexpired Certificate of
Naturalization (INS Form 550 or INS Form 570) with photograph
An original, valid, current, unexpired U. S. Military ID Card
e. U. S. Military Retiree Card or Uniform Service Identification
Privilege Card (DD 1173) with current photograph
f. An original, valid, current, unexpired or legally extended
United States passport with current photograph.
Proofs of Residence:
Proofs of residence must show the Parent’s current physical
address. Post Office Box addresses are not accepted as proof of
a. Current Maine driver’s license showing a Maine residence
Maine utility bills with service at a Maine residence address
c. Maine property tax bill or receipt indicating a Maine residence
d. Maine mortgage documents or homeowner insurance documents for a
Maine residence or proof of Maine home ownership with a Maine
e. Maine W-2 Form not more than eighteen (18) months old with the
applicant’s name and Maine residence address
f. Current Maine individual income tax return indicating Maine
g. Maine Voter’s registration card with a Maine residence
h. Maine school enrollment form if applicant is under age 18 with the
applicant’s Maine residence address
Residential rental and/or lease agreement with a Maine address
j. Current Maine hunting/fishing license with a Maine residence
Proof of undergraduate Student in-state tuition payment
l. Two (2) signed affidavits by two (2) different individuals who
can prove the applicant’s Maine residency.
To determine the financial eligibility of applicants for or
recipients of Child Care Subsidy, it is necessary to determine the
amount and source of monthly gross income and the members included in
Family size. For excluded income, see 5.12.
The following criteria will be used to determine income guidelines:
a. Income eligibility guidelines will be based on Gross Family
Income, adjusted to Family size
b. Income eligibility guidelines will be annually updated by the
c. Income eligibility may not exceed 85% of the State Median
Income. The Department will use the US Census Bureau American
Community Survey as the data source for State Median Income.
The following chart provides examples of Family composition,
the resulting Family size and income included. Detailed rules follow.
Single Parent with child(ren)
Parent and child(ren)
Include all countable income
Unmarried Parents who have at least one mutual child
Both Parents and all their children in the household
Include all countable income
Unmarried Parents with no mutual children or multiple Family
Unmarried Parents and their respective child(ren) living in the
household are counted as separate Families
Include countable income for the unmarried Parent and his/her
Both Parents and all children living in the household
Include all countable income
Parenting Teens (under 20
years of age) attending
school and living with
Parenting Teen and his or her child(ren)
Count income of Parenting Teen and child(ren)’s income only
Grandparents with legal guardianship of child(ren) and
biological Parents in the household
Child is considered a Family of one
Only child’s income is counted
Family member out of the household on a temporary basis and
expected to return
Parent in the home, the absent individual and the child(ren)
Include all countable income for all Family members
Foster care parent and child
Child considered a Family of one
Include only child’s income
Kinship/relative caretaker and child
with child protective plan
Child considered a Family of one
Include only child’s income
Adult acting “In- LocoParentis” and child
Child considered a Family of one
Include only child’s income
Legal guardians with child
Child considered a Family of one
Include only child’s income
Parent and child with Family member absent due to living in a
long-term residential institution or prison
The absent individual is removed
from the household. Count remaining
Include all countable income except that of the absent
Child whose residence changes between custodial Parents
Child and custodial Parent’s Family. All other Family rules
in this section apply
Include all countable income
5.05.1 Biological children, step-children, adopted children
and all other children under eighteen (18) years of age legally
related and Residing with the applicant who is maintaining a home
for them and assuming parental responsibility, will be considered to
be Family members.
5.05.2 Multiple Family Households. In situations where
adults, who are not spouses, reside together, any children in the
household will be considered part of the Family of their Parent(s).
Example: Mr. and Mrs. X and their two children live in a
household with Mrs. X’s sister (Y) and her one child. Mr. and Mrs.
X and their two children constitute one Family while Mrs. Y and her
child constitute a second Family.
5.05.3 Unmarried Parents. A man and woman living
together will be considered members of the same Family if they are
both the biological Parents of a child or children living in the
household. However, if a man and a woman or two adults of the same
sexreside together and each have a child of their own and
share no children in common, they are two separate Families.
5.05.4 Parenting Teens (under twenty (20) years of age)
attending a secondary school or a HiSET equivalency program and
living with their children and their Parents, step-parents, relatives
or non-relatives, are considered a separate Family unit consisting of
the teen parent(s) and their child(ren). In cases where the legal
custody of the child rests with the grandparents, and the biological
Parent is in the household, the child is considered a Family of one.Subsidy eligibility for these parenting teens also continues
through the summer should they choose to work or attend classes.
5.05.5 In cases where the child physically changes residence
between Parents, the child is a member of each Parent's Family for
the period of time that the child resides with each Parent.
The mother applies for Child Care Subsidy for a child who resides
with her every other week. The child will be included as a member of
the mother's Family every other week. If the mother is eligible, the
child will receive Child Care Subsidy every other week. If the
father also needs child care, then he may apply for subsidy for the
weeks that the child resides with him and, if eligible, will receive
a subsidy or be placed on a waiting list, if funds are not available.
5.05.6 Children living with a court-appointed, legal guardian
may be considered a Family of one. Only the income received on behalf
of the children shall be included as Family income (e.g., TANF,
Social Security). Guardians must verify employment or attendance in
an education or Job Training Program.
5.05.7 For children in Care and Custody referrals for foster
children, the foster child will be considered a Family of one. The
foster care payment shall not be included as Family income. Foster
parents must verify employment or attendance in an education or Job
Training Program in determining eligibility.
5.05.8 For Kinship/Relative Caretakers of children
in State custody or children at risk of being removed from their home
who need child care because the caretakers are participating in
education or employment, the following forms are needed to verify
official Kinship/Relative Caretaker status: the applicant must supply
the subsidy worker with a copy of the Child Protective Form signed by
the caretaker(s) and the placement worker, and a signed copy of the
Child Placement Agreement or Family Plan.
5.05.9 The Kinship/Relative Caretaker’s income is not
counted to determine eligibility. Kinship/Relative Caretakers must
verify employment or attendance in an education or Job Training
5.05.10 Children of the applicant, who are temporarily away
at school and expected to return (e.g., attending a boarding school,
technical school or college) are considered to be Family members.
5.05.11 Family members living apart on a temporary basis
are considered Family members. Temporarymeans the
absent Family member's permanent home is with the applicant's Family,
where they intend to return after any period of absence.
5.05.12 Residents of a Substance Abuse Treatment Program
which is time-limited (usually 28 calendar days or less), where the
participant is expected to be returning home to live with their
Family, will be included as Family members.
5.05.13 Individuals who are long-term residents of
institutions such as hospitals, skilled nursing facilities,
intermediate care facilities and prisons, shall not be counted as
5.06 Child Support
biological Parents applying for Child Care Subsidy for children of an
absent Parent must submit a copy of child support order and show
proof of child support received or pursued from each absent Parent of
all children within the household regardless of request for subsidy
cases of shared/joint custody in which neither Parent owes the other
support due to shared parenting, a copy of the court-ordered child
support plan or divorce decree showing no child support owed shall be
placed in the paper file and noted in the notes section of the
computer database record.
5.06.2 Good Cause
the applicant has good cause not to establish child support, the
supervisor shall approve the waiver of this requirement and note the
action in the notes section of the computer database record. Good
cause is granted when any of the conditions below are met:
a. The child was conceived as the result of incest or forcible
rape. The Parent’s statement to this fact will be accepted unless
the worker reasonably believes the statement is not truthful in which
case documentation (police reports, verification of residence at
domestic violence shelter) may be requested and required.
b. Cooperation in establishing paternity or securing support is
reasonably anticipated to result in physical or emotional harm to the
Parent seeking support; physical or emotional harm too the child; or
physical or emotional harm to the caretaker relative which would
hinder the ability to care for the child. The Parent’s statement
to this fact will be accepted unless the worker reasonably believes
that statement is not truthful, in which case documentation (police
reports, verification of residence at domestic violence shelter) may
be requested and required.
c. Paternity is unable to be established after a reasonable effort
to do so. The Parent should detail steps taken to identify paternity.
d. Legal proceedings for adoption of the child are pending in
e. The individual is being assisted by a licensed social service
agency to decide whether to place the child for adoption and
discussions have ceased for more than three (3) consecutive months.
Support Court Order to Pay for Child Care
the child support court order requires the absent Parent to pay for
child care, it will be the responsibility of the Parent receiving the
support for child care to pay the provider directly the amount
required in the order. The provider payment from the subsidy program
will be reduced by the amount in the court order.
Loco Parentis or Foster Care Placements
documentation of child support is required when children reside with
an adult acting In Loco Parentis or foster parents.
5.06.5 No Child
Support Court Order Established
shall be given 90 days to seek child support or initiate procedures
to establish a court order if there has never been a child support
court order in place, a new child is born, or if child support has
not been received in twelve (12) months without good cause. Parents
must work out arrangements with the Maine Child Support: Division of
Support Enforcement and Recovery (DSER). Parents who fail to provide
any of the following documentation of effort to secure child support
without good cause shall be ineligible for services. Parents who
were previously granted 90 days to seek support but whose cases were
closed for failure to cooperate with this requirement shall not be
granted another 90 days to seek support for any subsequent
documentation shall consist of one of the following:
from the Maine Child Support: Division of
Enforcement and Recovery (DSER)
Documentation showing filing with Family Court
c. Documentation that child support is being pursued through a
the payee and copies of one (1) month’s worth of checks received.
e. If the payee cannot provide copies of the payer’s child support
checks which indicate an address and a signature, the parties must
sign a notarized document, which must include the following
physical address of both parties
Date or how the
payment is made
Parent is Under the Age of 18
No documentation of child support is required when the non-
custodial parents are under the age of 18. An order will be
required when the non-custodial parent turns 18.
5.07 Incarcerated Absent Parent
If the absent Parent is incarcerated and expected to remain so
throughout the certificate period, the child support requirement may
be waived. Upon the absent Parent’s discharge, Parents shall have
90 days to seek support through the options outlined in 5.06.5, in
order to maintain Child Care Subsidy eligibility.
5.08 Deceased Absent
the absent Parent is deceased, the requirement shall be waived. The
Parent’s statement to this fact will be accepted unless the worker
reasonably believes the statement is not truthful.
Included in Gross Family Income
5.09.1 Gross Family Income is calculated before deductions
such as income taxes, employee's social security taxes, employee
pension contributions, employee deferred compensation plans (IRA
accounts, 401K plans, etc.), insurance premiums (including Medicare),
bonds, union dues and other employee payroll reductions and benefit
5.09.2 Gross income does not include the employer’s fringe
5.09.3 Gross Family Income is received or available or
earned on a recurring basis. Negative income from business losses or
investment/gambling losses shall not be deducted from other sources
of earned/unearned income in calculating Gross Family Income, except
for a farm enterprise which shall have zero value in computing Gross
Family Income. This special consideration applies only to farms with
annual gross sales of $1,000 or more.
5.09.4 Gross Family Income must include Earned Income from
all sources except those listed at 5.12. Earned income includes:
a. Wages, salaries, commissions or fees, tips, piece-rate payment
and cash bonuses before any payroll deductions
from self-employment, excluding mostIRS deductible business
expenses. Types of self-employment include but are not limited to:
contractors, franchise holders, owners/operators, farmers, people
who produce and sell a product, and service-type businesses
self-employment such as fishing, clamming, worm digging, logging,
boarders (not included as Family members)
roomers (not included as Family members)
ownership of rental property
c. That portion of training allowances or training stipends which
exceeds expenses, and represents a gain or benefit to the
5.10 Gross Family Income must include Unearned Income
from all sources, except excluded income listed at 5.12. Unearned
a. Pension and retirement benefits such as government employee
pensions, military retirement/pensions, railroad retirement, private
pensions, annuities, IRA accounts, 401K plans etc
b. Social Security benefits including pensions, survivor’s
benefits, and permanent disability insurance payments
c. Assistance program payments such as SSI (Supplemental Security
Income), TANF (Temporary Assistance for Needy Families), PaS (Parents
as Scholars), Refugee Cash Assistance, and other means tested
assistance TANF payments which are diverted to a third party shall be
counted as income. Assistance payments from programs which require
the performance of work without compensation other than the
assistance payment shall be considered unearned income
d. Veteran’s benefits including money paid periodically by the
Veterans Administration to disabled members of the Armed Forces or
survivors of deceased veterans; Aid and Attendance portion of
veteran's benefits, subsistence allowances paid to veterans for
education and on-the-job training, as well as so-called refunds of GI
e. Military Family allotments or other regular support from an
absent Family member or someone not living in the household
f. Unemployment insurance and worker’s compensation
g. Strike benefits from union funds
h. Regular cash income received from earned interest, dividends,
royalties, estates and trusts
i. Interest income received from all loans and notes such as
personal loans, secured loans (includes real estate mortgages),
installment contracts and interest-only loans. Loans of this nature
usually require periodic payments of constant amounts over the life
of the loan. The amount of the loan principal (return of capital) is
considered an asset and shall not be included in gross income. The
recognized gain on sale amount of the loan repayment shall be
included in gross income. This determination shall be made in
accordance with IRS regulations
j. Child support and alimony payments made directly to the Family,
including the pass through and gap supplements received by TANF
clients. Money deducted or diverted from court-ordered support or
alimony to pay household expenses is also counted as income
k. A child support lump payment is counted as part of income and
averaged over the number of weeks that child support is in arrears.
l. Income from ownership of rental property, excluding most IRS
deductible business expenses.
m. Income from capital gains as defined and calculated in
accordance with IRS regulations. Capital gains is the profit
from the sale of real and personal property such as the sale of
residence, land, income producing property, investment
property, capital equipment, stocks and bonds. Generally,
profits resulting from disposal of business inventory of real
personal property are included as income from self-
employment as opposed to being separately classified as capital
n. Regular general assistance cash payments from
municipalities that are not made directly to vendors such as a
o. Regular money contributions from persons determined not to
be Family members
p. The portion of all educational grants, scholarships, and other
awards available to pay for living expenses unless excluded in
5.12.1. All fees assessed by the educational institution are not
counted as income. If a Student is not enrolled in a recognized
institution of post-secondary education, a vocational Educational
Program or a program that provides for completion of a secondary
school diploma or equivalent, the full amount of educational
assistance is counted as income. Income from Student loans shall be
counted only if there are no repayment terms as a condition of the
loan. This standard does not apply to educational assistance which
is totally excluded under Federal statute as set forth in 5.12.1(h)
q.Regular income received from lottery and sweepstakes
winnings. Lump sum lottery and sweepstakes winnings are counted
within the eligibility period they are received
r. Net income from gambling
s.Money that is legally due the Family which is diverted to
a third party to pay household expenses, such as: diversion of all
or part of a TANF grant to a landlord; and that portion of an
unemployment insurance benefit check intercepted by the State
Division of Support Enforcement and Recovery (DSER) commonly referred
to as garnished wages. See 5.06 for applicable adjustments for court
ordered child support payments. General Assistance vendor payments
t.Income that is legally due a Family member but is
received and used for that Family member by a non-Family member
u. Income from sponsors of aliens lawfully admitted for permanent
residence in the U.S. A sponsor is a person or organization signing
an affidavit or document on behalf of the alien as a condition of
v. All other income from government programs not specifically
excluded by law
to Gross Family Income
Defined in Section
5.12 Income Excluded
from Gross Family Income
5.12.1 Certain income must be excluded from Gross
Family Income as follows:
a. The actual amount of court-ordered child support payments made
to another Family. The deduction can not include payments in arrears
or other court-ordered payments
b. Energy Assistance Program payments or allowances made under any
federal energy assistance law. Note: Department of Housing
and Urban Development (HUD) and Farmer's Home Administration (FmHA)
utility payments and reimbursements are considered federal energy
c. Job Training Partnership Act (JTPA) payments and JTPA on-the-job
training income received by participants (regardless of age) in the
Summer Youth Employment and Training Program and comparable summer
youth employment and training programs under Americorps. All other
payments from JTPA's On-The-job Training Program (OJT) count as
income unless they are received by dependents less than 19 years old
d.Payments under the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of l970
e. Women, Infants and Children Program (WIC) vouchers
f.Special payments to Native Americans excluded by
law, e.g., payments under the Maine Indian Land Claims Settlement Act
g. Federal Earned Income Tax Credit (EITC) is excluded whether
received as advanced payment in weekly wages or received in one sum
after filing annual income tax return. Note: State and local EITC is
not excluded from income
h. Excluded educational assistance authorized under Title IV of the
Higher Education Act, including:
Basic Educational Opportunity Grants (GEOG or PELL Grants)
Federal Supplemental Educational Opportunity Grants (SEOG)
Incentives Grants (SSIG; Maine State Incentive Grant)
Student Loan Program (FDSLP), formerly GSL and FFELP
Supplemental Loan Program (provides loans to Students)
PLUS Program (provides loans to Parents)
Stafford Loan Program
Unsubsidized Stafford Loan Program
Consolidated Loan Program
Federal Perkins Loan Program (direct loans to Students in
institutions of higher education) (Perkins Loans, formerly NDSL)
Federal Work Study Funds (Note: Not all Federal work study funds
come under Title IV of the Higher Education Act)
TRIO Grants (go
to organization or institutions for Students from disadvantaged
(some stipends go to Students)
Robert E. McNair
Robert C. Byrd
Honors Scholarship Program
College Assistance Migrant Program (CAMP) for Students whose
families are engaged in migrant and seasonal farm work
Equivalency Program (HEP)
National Early Intervention Scholarship and Partnership Program
i. Bureau of Indian Affairs (BIA) Student assistance, education or
training assistance, and employment assistance programs. Each Tribe
has a BIA agency that may be contacted for more information about
education and training assistance. BIA Student assistance is
provided by the Tribes, is not denoted by any particular name, and is
not usually listed on institutions’ financial aid statements
supplemental food assistance received under the Child Nutrition Act
or the National School Lunch Act
Value of USDA Food Supplement and/or Donated Commodities
Earned income of a Student 19 years of age or younger who is
attending an elementary school or secondary school and resides with
the applicant. An elementary or secondary school Student is someone
who attends elementary or secondary school enough time for that
person’s state or local school district to consider the person a
“Student”. This includes a Student who attends HiSET or
home-school classes recognized, operated, or supervised by the
Student’s state or local school district. The exclusion of this
income shall not be altered by semester breaks, summer vacations,
etc., provided the Student resumes enrollment after the break
When a Parenting
Teen is the applicant, the income of the Teen's Parents,
step-parents, other relatives or non-relatives who provide a home
for the Parenting Teen(s) shall be excluded. The Teen Parent must
be attending elementary school, high school, or a HiSET program
payments from the Department of Health and Human Services or
Federally Recognized Tribe
lump sum payments such as income tax refunds; and the portion of
retroactive, lump-sum Social Security, SSI, railroad retirement or
insurance settlements intended to cover a period prior to the
current eligibility period
State or federal
one-time assistance for weatherization or emergency repair or
replacement of an unsafe or inoperative heating or cooling device
including Student educational loans, bank loans, loans from private
individuals, and other types of loans where there exists a written
agreement with repayment terms as a condition of the loan
The value of
non-cash benefits or gains from an employer, such as: shelter
including military base housing, food and clothing provided by an
employer. This exclusion shall not include money that is legally due
the Family which is diverted to pay for household expenses
The value of
non-cash benefits such as: public subsidized housing, general
assistance voucher payments, medical and dental services, donated
commodities, and food
payments made on behalf of the applicant, including:
1. Money payments by a non-Family member which are not legally due
the household and are paid directly to a third party for a
household’s expense, such as a relative paying the rent or an
employer paying the rent in addition to wages;
2. Vendored assistance from state or local programs which provide
no cash assistance. This includes General Assistance vendor payments
made to a third party
withheld or returned from an assistance payment, earnings or other
source to repay a prior overpayment. Count the gross amount as
income when the overpayment is the result of a violation as
determined by TANF, SSI or other means-tested program
payments received by TANF recipients that are turned over to the
Department of Health and Human Services
and allowances which do not exceed the actual costs for job-related
or training-related expenses, medical expenses, or dependent care
expenses. This includes allowances from ASPIRE.
payments received and used for the care of a third-party
beneficiary who is not a Family member
bank deposits and credit union deposits
Lump sum cash
inheritances or gifts
The portion of
loan or note repayments which is determined to be the loan principal
(return of capital) in accordance with IRS regulations
Losses from a
farming enterprise shall be deducted from any other countable
household income. This special consideration applies only to farms
with annual gross sales of $1,000 or more
donations, based on need, received from one or more private,
nonprofit charitable organizations
allotment for military families who have one or both Parents
deployed to a foreign country
5.13 Verification, Documentation and Treatment of Gross Family
5.13.1 The Parent shall have the primary responsibility to
provide verification of Family income.
5.13.2 Income verification must be requested from all
program applicants. Eligibility cannot be determined prior to income
verification; and Child Care Subsidy services shall not be provided
prior to verification.
5.13.3 Income verification must be documented in the computer
data base at the Department.
5.13.4 If income verification has not been provided within ten
(10) calendar days of the application date, the application will be
5.13.5 Acceptable verification of earned income
includes one or more of the following:
a. Four (4) weeks of
current, consecutive and complete pay stubs
b. Four (4) weeks of current, consecutive and complete pay envelopes
W-2 Form (if representative of current and future earnings)
and/or Federal Income Tax Return
Self-employment bookkeeping records
and expenditure records
g. Statement of employment and expected gross earnings, signed and
dated by the employer on company letterhead to be followed up by
paystubs once they are available
Employer’s wage record
i. Employment Security Office records
j. Verbal verification from Caseworker for Care and Custody
k. A signed release of information from the applicant which
authorizes the Department to pursue verification or further
5.13.6 Documentary evidence is the primary source of
verification of unearned income. Whenever attempts to verify
income have failed for reasons other than Parent’s non-cooperation,
an amount to be used shall be determined based on the best available
information. If verification (other than documentary evidence) is
used, the reason why shall be explained in the Parent’s record.
Acceptable verification of unearnedincome includes,
but is not limited to, the following:
a. Benefit check (viewed and photocopied by the Department)
b.All types of Award Letters
c. Signed income tax records (interest income, dividends, royalties,
estates, trusts, deferred compensation plans, capital gains, etc.)
d. Support and alimony payments evidenced by court order, divorce or
separation papers, or check copies
Social Security Query Card Response
Social Security District Office verification
Maine Employment Security Commission verification
i.Worker’s Compensation verification
j.Insurance company verification
k. Verbal verification from Caseworker for Care and Custody
l.A signed release of information from the applicant which
authorizes the Department to pursue verification or further
5.13.7 The calculation of Gross Family Income is based on the
Family’s income and other circumstances expected to exist until the
next eligibility period. The calculation is based on the Parent's
and the Department’s reasonable expectations and knowledge of
current, past and future circumstances.
5.13.8 The calculation is determined by the following steps:
a. Income received within four (4) or more weeks immediately
preceding application or re-determination must be verified
b. Determine, through a careful review of the income documentation
and a discussion with the Parent, if there has been any Significant
Income Changes during this period
c. If there have been changes, and the changes are of a continuous
nature, the changes must be taken into consideration when determining
5.13.9 The calculation for self-employment income
must be the average income over a twelve-month period when it
represents the Family’s major source of support.
a. This applies even when it is received in a shorter period of
b. If the twelve-month average is not an accurate reflection of
circumstances or a business has been in operation only a part of a
year, income will be averaged for the months in operation or the
Department or contracted agency may calculate the self-employment
income based on anticipated earnings
c. Seasonal self-employment income which supplements other income
shall be averaged over the season
d. Income from self-employment shall be calculated as follows:
Add all gross
self-employment income together including the full amount of capital
gains. This means that a Family with more than one self-employment
enterprise shall have all self-employment gross income added
Add all costs of
producing income together
allowed as costs of producing income are:
the principal of the purchase price of income producing real
estate, capital assets, equipment, machinery or other durable
from previous periods
expense Note: The employer's share of FICA tax is an allowable
total costs of producing the income from the total gross income of
the self-employment enterprise(s).
earnings by number of months over which income has been averaged,
self-employment income to any other income received by the
household. Losses from a farm enterprise shall be deducted from any
other countable Family income. This special consideration applies
only to farms with annual gross sales of $1,000 or more. Otherwise,
losses from self-employment shall not be subtracted from any other
countable Family income.
self-employment business has been in operation for one year, self
employed child care recipients must make at least the current state
minimum wage for each hour of work performed, to be eligible for
Child Care Subsidy.
5.13.10 Determine if any Significant Income Changes are
expected in the future.
a. If yes and the exact nature of the Significant Income Change is
known, the Department shall use that information in determining the
best estimate of income
b. If the exact nature of the anticipated change is not known, a
re-determination shall be scheduled to coincide with the expected
c. Determine if any of the income received is not expected to be
representative of the future. Sporadic fluctuations in income are
not used in the calculation. (Example: Christmas bonus or a one-week
d. The Parent’s file must explain how the calculation was figured
and, if applicable, why any income was not used.
5.13.11 If income fluctuates to the extent that a four week
period does not provide accurate information to calculate income for
the future eligibility period, the Department can use information
covering a longer period of time.
5.13.12 Similarly, if income fluctuates seasonally, it may be
more appropriate to use the most recent season comparable to the
upcoming eligibility period as a basis for a calculation taking into
account any anticipated changes.
5.14 Calculate the average monthly income as follows:
a. Weekly income is converted to monthly income by multiplying the
weekly amount by 4.3.
b. Biweekly income is converted to monthly income by multiplying
the biweekly amount by 2.15.
c. Average monthly income from self-employment is added to all other
earned and unearned income.
5.15Income and Eligibility Verification System
Income and eligibility will be verified through an income and
eligibility verification system (IEVS).
5.15.1 Type of Information and Source Agencies
a. Wage information maintained by the Maine Employment Security
b. Information about net earnings from self-employment, wages, and
payments of retirement income maintained by the Social Security
c. Federal retirements and survivors, disability, SSI and related
benefit information available from Social Security Administration
d. Unearned income information from the Internal Revenue Service
e. Unemployment Insurance Benefits (UIB) claim information from the
Maine Employment Security Commission (MESC).
5.15.2 The information noted in 5.15.1. shall be requested
from the appropriate agencies on the following time schedule:
a. Quarterly from Maine Employment Security Commission
(MESC) on wages
b. Monthly from Social Security Administration data bases and not
later than the second month of the eligibility period
Annually from IRS for all current recipients
d. Weekly, from Maine Employment Security Commission
(MESC) on Unemployment Insurance Benefits.
5.15.3 Action on Parents Eligibility
22.214.171.124 Action based on Maine Employment Security
Commission (MESC) matches. When any adverse action is called for and
is based on information on MESC match, the Parent shall be sent a
written notice at least twelve (12) calendar days prior to taking
126.96.36.199 The notice shall advise the Parent that the
Department has received information which indicates the need for a
change in their Child Care Subsidy and the Parent has twelve (12)
calendar days from the date that the notice was mailed to contest in
writing the Department’s decision. The notice shall state that
unless the Department is notified otherwise by the Parent in writing
within twelve (12) calendar days from the date that the notice was
mailed, the Department will assume that the data provided by the
match or obtained through independent verification is correct and the
change will be made.
188.8.131.52 When any adverse action is called for and is
based on federal record matches, the Parent shall be sent a written
notice at least thirty (30) calendar days prior to adverse action.
6.00 THE PARENT FEE
Assessment to Parents
6.01.1 The Department will establish and periodically revise
a Sliding Fee Scale that provides for cost sharing by families that
receive Child Care Development Fund (CCDF) Child Care Subsidy. The
Department will use this fee scale to determine the Parent’s
contribution to the cost of their child care.
6.01.2 All fee-paying Parents will be notified by the
Department of the amount of the assessed Parent fee and payment
6.01.3 All assessed Parent fees will be paid directly to the
Child Care Provider by the Parent. The Child Care Provider must: (a)
retain copies of all fee computation forms in Parent files,(b)
issue a receipt upon payment of an assessed fee and retain copies of
all receipts in agency files, and (c) keep fiscal records on all fee
6.01.4 The Parent or another party acting on behalf of the
Parent must pay the assessed Parent fee directly to the Child Care
Provider by the pre-determined due dates.
6.01.5 Under no circumstances will the Department use state
or federal funds to pay the Parent fee.
6.01.6 The unauthorized assessment of fees by a Child Care
Provider may constitute a breach of the Provider Agreement, enabling
the Department to terminate the Provider Agreement.
6.01.7 All fee-paying Parents will pay the Child Care
Provider the assessed fee for the full period that their child is
the Parent Fee
6.02.1 The Parent fee will be based on Gross Family Income
as calculated in accordance with Section 5.
6.02.2 All eligible Parents will be assessed a sliding fee
based on Family size and Gross Family Income. The Parent fee does
not vary with the number of children in care, the amount of care they
need, or the type of care they choose to use.
6.02.3 The Department will use the Federal Poverty
Guidelines provided by the U.S. Department of Health and Human
Services (USDHHS), Office of the Secretary, to establish incremental
ranges of income within the maximum allowed by CCDF rules.
6.02.4 The Department will update the fee scale annually in
accordance with changes in the Federal Poverty Guidelines and develop
an Action Transmittal. (see http://aspe.hhs.gov/poverty/)
6.02.5 A graduated fee percentage of Gross Family Income will
be applied to each of the income ranges as follows:
Poverty Guideline Range
Fee Percentage of Gross Family Income
Up to 25%
26% - 50%
51% - 75%
76% - 100%
101% - 125%
126% - 150%
151% - 200%
201% to Maximum Allowed
6.02.6 The total amount of Parent fees assessed to a Family
cannot exceed ten percent (10%) of the Family’s gross income for
all of their children enrolled in the subsidy program.
6.02.7 All Parent fees will be rounded down to the nearest
6.02.8 The fee shall be allocated to the youngest child
first or in a manner that will avoid the need to allocate a portion
of the fee across multiple children. If the fee exceeds the approved
cost for a child, the remaining amount shall be allocated to the next
oldest child until the full Parent share has been allocated.
6.02.9 The Family shall be ineligible to receive subsidy
if the monthly fee exceeds the approved subsidy for all of the
6.02.10 The Parent fee shall be determined at the time of
application, and when the annual redetermination is conducted. The
fee shall remain the same until the next annual redetermination,
unless an ongoing decrease in income occurs that is expected to last
for at least two (2) or more months. The fee shall not be increased
between redeterminations if the Family’s income increases, except
to correct an error in the prior calculation. Families shall be
subject to the gross income limit for eligibility and shall report
increases in income exceeding one hundred ($100) dollars per month
even if the change does not immediately affect the Parent fee. The
Department can terminate if documentation is not supplied within the
time frame required.
6.02.11 Decreases in the Parent fee shall be implemented in
the month following the month in which the change is reported and
6.03 Parent Fee Waivers
6.03.1 Neither the Department nor the Child Care Provider has
the authority to categorically waive the Parent fee.
Section 7.00 CHILD CARE PROVIDER AGREEMENT
Care Providers who are eligible to receive payments
Care Providers who are eligible to receive payments on behalf of
Parents receiving Subsidy are listed in Section 2.02.3. (See
1.00 Definitions for more details).
7.01.1 Child Care Providers are responsible for notifying the
Department immediately if they learn of potential changes in a
Care Providers who are not eligible to receive payments
7.02.1 Child Care Providers who previously had agreements with
the Department and who meet any of the following conditions are not
eligible to receive payments on behalf of Parents receiving Subsidy:
to the Department; including overpayments in other programs
to be engaged in fraud or a program violation in connection with
the Child Care Subsidy program or have been sanctioned according to
the rules in Section 12
Provider Agreement terminated based on Section 11.02. Note: This
standard does not apply to terminations that are overturned through
the appeal process.
7.02.2 An individual providing care as a Legal, Unregulated
Provider but who was formerly a licensed or certified Child Care
Provider and whose child care license or certification has been
revoked, suspended or denied by the Department or who has surrendered
his or her license or certification to avoid revocation, suspension
or denial. Note: This standard does not apply to terminations that
are overturned through the appeal process.
7.02.3 An individual providing care as a Legal, Unregulated
Provider but who was formerly a licensed or certified Child Care
Provider and whose child care conditional license or conditional
certification has been voided by the Department or who has
surrendered his or her conditional license or conditional
certification to avoid the Department voiding said license or
certification. Note: This standard does not apply to terminations
that are overturned through the appeal process.
with Legal, Unregulated Child Care Providers
7.03.1 A Legal, Unregulated Child Care Provider will sign
and submit to the Department a health and safety agreement provided
by the Department.
7.03.2 A Legal, Unregulated Child Care Provider will assure
in writing that the children receiving Child Care Subsidy are
age-appropriately immunized and meet the latest recommendation for
childhood immunizations in Maine. A ninety (90) day grace period
shall be granted while Parents are taking the necessary actions to
comply with the immunization requirement. The following may be
exempted from the immunization requirement:
a. Children who are cared for by relatives
b. Children who receive care in their own home
c. Children whose parents object to immunizations on religious
d. Children whose medical condition contraindicates immunization
Legal, Unregulated Child Care Provider who cares for children
in the Child Care Provider’s home and if the home’s water, used
for drinking and cooking purposes, is from any source other than an
approved public water supply, the Child Care Provider shall submit a
satisfactory water analysis report completed by the Department of
Health and Human Services, Division of Health Engineering, or by
another approved laboratory. Water shall be tested for, at least, the
following: coliform bacteria, nitrate and nitrite nitrogen, fluoride,
chloride, hardness, copper, iron, pH, manganese, uranium, and
arsenic. If a satisfactory supply cannot be provided, an agreement
with the Child Care Provider cannot be issued.
7.03.4 The Legal, Unregulated Child Care Provider and all
adults residing in the home will be required to sign release forms
permitting the Department to obtain annual background checks from
Child Protective Services (CPS), State Bureau of Identification
(SBI), and Department of Motor Vehicles (DMV).
7.03.5 Child Care Subsidy payments will not be initiated
until satisfactory background checks are completed on all adults
residing in the household. Payments are not made retroactively.
7.03.6 Unsatisfactory results of a CPS, DMV and/or SBI
background check or clearance will disqualify a Child Care Provider
for eligibility in the Subsidy program. Unsatisfactory is
defined by one or more of the following actions.
conviction for any Class A crime (as defined by State statute) or
conviction within the last ten (10) years for any Class B or C crime
or its equivalent that involved the use of force.
conviction for any crime within the last ten (10) years that
resulted in time served in a correctional facility.
conviction for any crime in the last ten (10) years that jeopardized
the health and safety of a minor.
one conviction within the last three (3) years based on an action
which would be deemed detrimental to the welfare of a child.
conviction of drug trafficking.
conviction for an OUI or Driving to Endanger within the last three
(3) years. The Department may approve Child Care Subsidy if another
adult in the household (not the Child Care Provider) is found to
have this conviction and he or she signs a written agreement not to
drive the children receiving a Child Care Subsidy.
one OUI conviction, with the latest conviction in the last five (5)
or more convictions in the last five (5) years for speeding in
excess of twenty (20) miles per hour over the speed limit by the
Child Care Provider or anyone designated to drive the children in
care. The Department may approve Child Care Subsidy if the Child
Care Provider signs a written agreement not to drive the children in
his or her care.
driver’s license at the time of application by the Child Care
Provider or anyone designated to drive the children in care. The
Department may approve child care if the Child Care Provider signs a
written agreement not to drive the children in his or her care.
substantiated finding of child abuse or neglect by the Department.
7.03.7 Although the State Bureau of Identification record
check should reveal criminal history, the Department may log onto the
state sex offender list to ensure that a Child Care Provider or a
household member is not registered as a sexual offender.
7.03.8 Payments to Legal, Unregulated Child Care Providers
will be issued to the Child Care Provider.
7.03.9 The Legal, Unregulated Child Care Provider must have
lived in the State of Maine for at least six (6) months prior to
applying to be a provider.
7.03.10 If the Legal, Unregulated Child Care Applicant and any
adults residing in the home have lived in another State within the
last 5 years, the applicant is required to indicate what States they
have lived in so that a background check can be done in those States
as required by Section 7.03.4.
Agreements with In-home Child Care Providers
In-home Child Care Provider is a Child Care Provider as defined at
the In-home Child Care Provider must sign the Department’s
health and safety agreement provided by the Department.
In-home Child Care Provider will be required to sign a release
form permitting the Department to obtain an annual background
checks from Child Protective Services (CPS), from State Bureau of
Identification (SBI), and from Department of Motor Vehicles (DMV).
Unsatisfactory results of a CPS, DMV and/or SBI background check
or clearance will disqualify a Child Care Provider from
eligibility in the subsidy program. Unsatisfactory as defined in
Section 7.03.6 above.
the initial application process with the In-home Child Care
Provider, the Department must inform the In-home Child Care
Provider that by federal law, they may be considered an employee
of the Parent, be paid minimum wage, and subject to withholding
taxes. The In-home Child Care Provider is classified as a
domestic service worker under the Fair Labor Standards Act (FLSA)
and, as such, may be subject to requirements of the FLSA. The
In-home Child Care Provider will sign a Provider Agreement Form
indicating that he or she has received this information.
the initial application process with the Parent, the Department
must inform the Parent in writing that as the employer of the
In-home Child Care Provider:
responsible for compliance with the requirements of the FLSA,
assessed Parent fee may be insufficient to constitute compliance,
with State and Federal Labor laws they may be responsible for the
balance of any payment for in-home care that may exceed the Market
Department will require a signed receipt from the Parent that the
Parent has received and understands the information outlined in
for In-Home Care will be at the same rate as the Market Rate for
Legal, Unregulated Child Care Providers.
with Recreational Programs
Recreational Program is defined at 1.42.
7.05.2 A Recreation Program will sign and submit to the
Department a health and safety agreement provided by the Department.
7.05.3 The Recreational Program must be located in a building
that has been inspected and approved by a fire marshal.
7.05.4 All staff in a Recreation Program will be required to
sign release forms permitting the Department to obtain annual
background checks from Child Protective Services (CPS), State Bureau
of Identification (SBI), and Department of Motor Vehicles (DMV).
7.05.5 Child Care Subsidy payments will not be initiated
until satisfactory background checks are completed on all staff.
Care Provider Payment
7.06.1 The Department is the only authority which can set
the maximum Child Care Subsidy rate for each county.
7.06.2 The Department will establish area Market Rates which
set the maximum child care payments (subsidy payment plus Parent fee)
payable to Child Care Providers in each county. The biennial Market
Rate Survey is required by federal law (45 CFR Part 98.30).
7.06.3 Before Subsidy can be approved, the Department and the
Child Care Provider will execute a Provider Agreement.
agreement will set forth the responsibilities of both parties.
7.06.5 The agreement will be executed on forms authorized by
7.06.6 The agreed upon maximum payment to the Child Care
Provider for Child Care Subsidy will:
total of the Subsidy payment and the Parent fee.
exceed the Department established Market Rate or the Child Care
Provider’s rate, whichever is less.
exceed the rate charged to the Child Care Provider’s other Parents
for equivalent Child Care Services as defined in the Child Care
Provider’s public rate schedule.
7.06.7 The Department will pay the Child Care Provider the
agreed upon weekly rate.
7.06.8 The Child Care Provider will collect the Parent fee
portion of the payment from the Parent on a weekly basis as agreed to
in the Provider Agreement.
standards must be followed as described in Section 9.
7.06.10 All Subsidy payments to Child Care Providers will be
for services provided between the beginning date and the ending date
of the Award Letter.
outside of the agreement dates are not allowed.
7.06.12 No payments to Child Care Providers will be made when
the Child Care Provider is a member of the Subsidy Parent’s Family
or to a Child Care Provider who lives in the same household.
Child Care Provider Fees
7.07.1 If a Child Care Provider has a policy of requiring a
one-time deposit, registration fee, application fee for all Parents,
the Parent will be responsible for these fees.
7.07.2 Special activity fees are the responsibility of the
Parent. If the Parent elects not to pay, then the Child Care Provider
will be responsible for providing alternative child care for children
who do not participate in the activity.
7.07.3Transportation fees, late pickup fees and other
fees of this nature will be the responsibility of the Parent.
7.08 Assuring Parent Rights
for court-ordered restricted parental contact or custody, Parents
must have unlimited access to their children and to all Child Care
Providers during normal hours of operation or whenever the children
are in the care of the Child Care Provider.
Only Parents or those persons authorized by the Parent are
allowed to remove their child(ren) from the Child Care Facility or
Family Child Care.
persons authorized to remove children from the Child Care Facility or
Family Child Care must be identified in the Child Care Provider’s
8.01.1 Within ten (10) calendar days of its occurrence,
Parents receiving a Child Care Subsidy must report to the Department
any of the following:
employment including changes in hours, wages, employer or loss of
Change in income
that results in an increase of $100 per month or greater
Change in Family
Change of Child
Change in the
number of child care hours needed due to change in work schedule,
school schedule or change in time required to travel to and from
8.01.2 Program and payment eligibility will be reviewed by the
Department based on the information reported in Section 8.01.1. The
Parent and the Child Care Provider will receive a new Award Letter if
the subsidy payment and/or the Parent fee changes.
for the Department related to re-determining eligibility of all
clients receiving subsidy and on the waiting list for subsidy are as
8.02.1 The Department will re-determine eligibility of all
Parents receiving subsidy with verified documentation at least once
per year. Periodic spot checks for accuracy and eligibility will be
done. When possible, re-determinations for Subsidy will be aligned
with Food Supplement or MaineCare re-determination when a Subsidy
recipient receives one of these programs.
8.02.2 The Department will send the Parent written
notification at least thirty (30) calendar days before the
re-determination is due that they must reapply for subsidy services.
The Child Care Provider will also be notified.
8.02.3 The written notification of re-determination will
include the exact month/day/year that Child Care Subsidy will be
terminated if the Parent fails to complete and return the application
and required verification.
8.03Responsibilities of the Parents
All Parents receiving Child Care Subsidy being re-determined
for eligibility must provide the following information to the
Department at least twelve (12) calendar days prior to the end date
on their current Award Letter:
necessary to re-determine eligibility, calculate and assess fees,
and issue Subsidy payments
of income (See Section 5.13)
Parent is a Student who is enrolled and attending an educational or
Job Training Program, provide verification of enrollment status,
documentation of satisfactory progress and attendance. Class hours
and/or training hours must be verified through a class schedule or
letter from the instructor.
8.04 When Re-determination Affects Child Care Provider Payment
8.04.1 When the Parent reports a change in circumstances
affecting a change in the Parent fee, the change will become
re-determination of eligibility
After a new
Award Letter has been sent to both Parent and Child Care Provider
Documentation Not Received
the event that a Parent completed the required eligibility
re-determination forms but failed to provide the requested
documentation or is found to be no longer eligible for Child Care
Subsidy, payment will not be made beyond the date of the current
8.05 Payment for Child Protective, Post Child Protective, and
Care and Custody Referrals
the Department/Tribal Caseworker requests that the child care slot
remain open for their client who has been accepted for Child Care
Subsidy but the client fails to appear on the scheduled enrollment
date, the Department will pay the Child Care Provider for up to two
weeks of service availability.
8.06.1 Reimbursement Basis
Payment will be made on a Reimbursement Basis.
Care Providers will bill the Department on a biweekly basis as agreed
upon by the Department and the Child Care Provider. The billing
period will be stipulated in the Provider Agreement.
When the Child Care Provider’s bill is correctly completed
and submitted to the Department within the time frame stipulated in
the Provider Agreement, the Department will pay the Child Care
Provider within ten (10) working days of receiving the Child Care
Provider’s request for payment.
8.06.4 Child Care Provider Bill. The Department will not to
pay a Child Care Provider who does not submit a bill within sixty
(60) calendar days of the agreed upon submission date.This
policy will be included in the Provider Agreement.
8.06.5 Billing Form. The billing form used by the Child Care
Provider must be authorized by the Department.
Section 9.00 ENROLLMENT
9.01.1 The Provider Agreement (between the Department and the
Child Care Provider) and the Parent’s Award Letter will set forth
the enrollment standards for specific enrollment circumstances and
acceptable and unacceptable absences.
9.01.2 The Department will reimburse providers for Child Care
Services based on the number of hours the Parent qualifies for
subsidy and the number of hours the child is in care.
9.01.3 The Department will maintain documentation of
enrollment for all children receiving Child Care Subsidy.
9.01.4 The Child Care Provider will maintain daily attendance
records and retain these records for three (3) years.
9.01.5 Parents and Child Care Providers are required to sign
attendance sheets weekly, at a minimum.
9.01.6 The Child Care Provider’s records must support the
weekly service reports submitted to the Department and the payments
9.02.1 Total enrollment hours cannot exceed 50 hours per child
per week. Exceptions are approved by the Department’s Child Care
Subsidy Program Supervisor on a case-by-case basis. The exceptions
include but are not limited to:
9.02.2 For Parents who are Employed, enrollment hours per week
will be determined based on work hours and related transportation
Parents who are Attending an Educational or Job Training Program,
enrollment hours will include:
Actual class hours
Meal time (if in between classes)
Related travel time
d. A reasonable amount of study time needed to successfully meet
course requirements. (See Section 4.05.2)
9.02.4 Enrollment hours may be adjusted without amending the
subsidy agreement for circumstances such as nonscheduled school
closings and teacher in-service days.
9.02.5 In order to maintain continuity of Child Care Services,
and if it is the established practice of a licensed or certified
Child Care Provider to charge the general public for such periods of
time, the Department will pay the provider for holidays, and up to
one week of provider vacation time.
enrollment period begins on the initial date that services are
provided and ends on the child’s last day of service and must be
within the beginning and ending dates of the Award Letter. The
enrollment period also includes the following:
period after Notification of Termination is received by the Parent
and Provider unless the Child Care Provider is being terminated by
the Department in which case the two-week period does not apply.
b. Up to twelve (12) weeks for children who are enrolled while their
Parent(s) are on maternity/paternity leave, short term disability
leave, or job search.
c. No more than twelve (12) weeks for a scheduled semester break for
children of Students.
d. School vacation periods for School-Age Children such as summer
vacation, Christmas vacation, February vacation and April vacation.
Protective Case Managed Clients
9.04.1 Enrollment hours must correspond to the referral
source’s case plan for a Care and Custody child referred by the
Department or Federally Recognized Tribe.
9.04.2 The Department will notify the Caseworker when their
clients have more than two (2) days per month of unacceptable
9.05 Reasonable Causes for Child Absence
9.05.1 Reasonable causes for child absence from the child care
weather defined by a snow day when local schools are closed
the child or other immediate Family member
problems that affect the Parent’s ability to transport the child
emergencies, including but not limited to surgery, chemo treatments
Catastrophic events affecting the Family, including but not
fires, storms or accidents.
causes for extended child absence from the program but for no more
than two (2) consecutive weeks include:
the child or Family member
d. Catastrophic events affecting the Family, including but not
limited to fires, storms or accidents.
child is absent from the program beyond two (2) consecutive weeks
for the same reasonable causes, the provider must obtain prior
written approval from the Department to extend enrollment for a
specified period of time.
9.05.4 The amount of hours allowed for excused absences is
based on the amount of time in the award. Children with full-time
awards are allowed 200 hours of excused absences within an award
year, children with part-time awards are allowed 150 hours of excused
absences within an award year, children with half-time awards are
allowed 100 hours of excused absences within an award year, and
children with quarter-time awards are allowed 50 hours of excused
absences within an award year. For children who have split awards
between two or three categories, the average between the categories
will be allowed for excused absences within an award year. Leaves
indicated in Section 4.08 are not counted against excused absences.
The provider must obtain prior written approval from the State Child
Care Administrator for any additional excused absence time.
Unacceptable absenteeism from the child care program is defined as
absence from the child care program for more than two (2) days per
month without reasonable cause.
with enrollment policies will result in termination of Child Care
Subsidy and end enrollment.
10.01 The Department Maintains Waiting Lists
10.01.1 The Department must maintain a waiting list if funding
is not available at the time of a Parent’s application.
10.01.2 The Department waiting list shall include the
identification of all applicants by:
and child priority group(s) (Very Low Income, Special Needs)
care requested (Fulltime, ¾ time, ½ time or ¼ time)
A list of
all other related children needing care by age and type of care
10.02 The Department Updates the Waiting List
The waiting list must be updated by the Department no less
frequently than annually.
must receive written notification that they have thirty (30)
calendar days to respond to the request for updated information.
10.03 Enrolling Parents from the Waiting List
for Waiting List SpecialNeeds and Very Low Income
children must be given equal priority over all other children.
Among these two priority groups, children are selected for
services on a first-come, first-served basis by county based on
the date of application.
First-Served Basis All other children are selected for service
on a first-come, first-served basis based on the date of a
Target Groups Funding reserved for specific target groups,
such as at-risk child care, must be used only for those Parents.
Events Exceptions to providing services on a first-come,
first-served basis may be made in cases of catastrophic events
including but not limited to fires, storms or accidents, Family
emergencies, including but not limited surgery and other medical
procedures or children without a home by the State Child Care
As children are accepted for service from the waiting list,
subsidies will be provided for all siblings residing with the
Parent and needing child care, if funds are available. When
funding is not available to serve all siblings, the remaining
siblings will continue in their position on the waiting list for
Children For all unborn children, the Department will not
accept an application for service prior to the Parent’s sixth
month of pregnancy.
Children No preference is given to current Subsidyrecipients for subsidy for newborn children.
TERMINATION OF SERVICES
11.01 Termination of Child Care Subsidy Services to the Parent by
11.01.1 The Child Care Subsidy Award Letter to the
Parent defines the length of the availability of Child Care Subsidy
to the Parent. The subsidy availability will be terminated upon any
of the following:
a. When the Department terminates Child Care Subsidy to a
b. When the Parent receiving subsidy withdraws from the Child
Care Subsidy program
c. When the
available funding is reduced.
11.01.2 The Child Care Subsidy Award Letter defining subsidy
cannot be terminated in order to accommodate service needs of new
applicants except as directed by the Department.
11.01.3 Parents who fail to respond to a notification of
eligibility re-determination by the end of their current eligibility
period will have services terminated. Note: Parents must have been
given a thirty-day (30) advance notification of eligibility
re-determination by the Department. It is the responsibility of the
Parents to ensure that the Department has a current address for the
Parents. All notices sent to the last documented address for the
Parents and not returned will be considered received, and as such the
Department will consider the Parents notified.
11.01.4 Parents who fail to provide the requested
documentation of eligibility re-determination prior to the end of
their current eligibility period, even if they completed the required
forms, will have services terminated. Payment to providers will not
be made beyond the date of the current Award Letter. Note: Parents
must be given a thirty-day advance notification of eligibility
re-determination. It is the responsibility of the Parents to ensure
that the Department has a current address for the Parents. All
notices sent to the last documented address for the Parents and not
returned will be considered received, and as such the Department will
consider the Parents notified.
11.01.5 If upon re-determination of eligibility, the Parent
is no longer eligible for Child Care Subsidy, the subsidy will be
terminated. Note: Parents must be given a thirty-day advance
notification of eligibility re-determination. It is the
responsibility of the Parents to ensure that the Department has a
current address for the Parents. All notices sent to the last
documented address for the Parents and not returned will be
considered received, and as such the Department will consider the
11.01.6 If the Parent becomes ineligible prior to the end of
their current eligibility period due to a change in Family income,
Family size, or other eligibility criteria, the Child Care Subsidy
will be terminated.
11.01.7 If the Parent fails to comply with the following
enrollment standards for acceptable absenteeism, the Child Care
Subsidy will be terminated:
a. When a Child Care Provider reports a child had
more than two (2) unexcused absences in a month, the Parent will be
sent a warning letter defining unacceptable absenteeism.
b. When a Child Care Provider reports a child had twenty-five (25)
unexcused absences within one (1) year, a Notification of Termination
of the Parent will be sent to the Parent and the Child Care Provider.
All notices sent to the last documented address for the Parents and
not returned will be considered received, and as such the Department
will consider the Parents notified.
c. Child Care Subsidy will be terminated if the Parent has not
requested and/or the Department has not approved an extension beyond
two (2) consecutive weeks of being absent for reasonable causes.
11.01.8 Non-Payment of Assessment Fees to Child Care Providers
Upon notification by the Child Care Provider that the Parent failed
to pay the assessed Parent fee, the Department will take the
following action to terminate services:
a. Parents will be notified by the Department that immediate
payment of both past due fees and all fees that have accumulated
during the notification period must be paid within twelve (12)
b. Child Care Subsidy shall not be terminated if, within the twelve
(12) calendar day notification period, the Child Care Provider and
the Parent agree to a payment schedule for the fees in arrears in
addition to the regular weekly assessed fee.
c. If the Parent fails to comply with the negotiated payment
schedule, Child Care Subsidy shall be terminated twelve (12) calendar
days from the date that the Department sets up the payment schedule
with the client.
d. If the Parent leaves a Child Care Provider and owes the Provider
past parent fees, the Department may rescind the award until the fees
are all paid in full or until a payment schedule is agreed upon by
the Provider and the Parent. If the Parent defaults on said payment
arrangements, the Department shall terminate the Parent’s subsidy
11.01.9 If the client is a Child in Care and Custody,
Post-Child Protective referred by a Caseworker:
a. The Department must provide a copy of the twelve-day notification
of termination to the client’s Caseworker.
b. Services will not be terminated for nonpayment of fees unless
written approval to terminate services is given by the Caseworker.
11.01.10 Failure to Report ChangeWhen the Department
has sufficient documentary evidence that the Parent has failed to
report a change in Family income, Family size or other eligibility
criteria within ten (10) calendar days of the change, Child Care
Subsidy services to the Parent will be terminated.
11.01.11 Failure to Provide Requested Documentation If Parents
fail to provide the requested documentation/information to support a
reported change in Family income, Family size or other eligibility
criteria, Child Care Subsidy to the Parent will be terminated. It is
the responsibility of the Parents to ensure that the Department has a
current address for the Parents. All notices sent to the last
documented address for the Parents and not returned will be
considered received, and as such the Department will consider the
11.01.12Misrepresentation Where the Department makes a
preliminary determination that an action has taken buy a parent with
the intention of receiving financial assistance to which that parent
is not entitled, the case may be terminated. This case may also be
referred to the DHHS Fraud Investigation Unit pursuant to Title 22
M.R.S. § 13 and the Department may pursue establishment of a program
violation against the Parent and /or Child Care Provider
11.02 Immediate Termination of Child Care Provider by the
11.02.1 The Provider Agreement between the Child Care Provider
and the Department will be immediately terminated by the Department
for any of the following reasons:
a. Upon notification of a finding by the Department’s
Licensing and Regulatory Services that child abuse or
occurred while children were in the care of the Child Care
b. Loss of the Child Care Provider’s license or
certification, if the
provider is required to be licensed or certified (having
conditions or any other provisions on the license are
c. When a Parent is denied access to his/her child when the
is in the care of the Child Care Provider, unless access
limited by a court order.
d. When a Child Care Provider assaults, uses threatening
language, threatening gestures, or other abusive behavior
which causethe Parent to reasonably fear for their
and/or the safety of their child(ren).
e. An immediate threat to the health and safety of the child
care of the Child Care Provider. A report must be made to
Department’s Division of Licensing and Regulatory
Child Care Licensing Authority for investigation. Where
appropriate, the Parent should make a report to the police
and/or seek other appropriate relief from the court.
f. Misrepresentation or fraudulent reporting of services
in the Child Care Provider’s request for payment.
g. Discrimination against a Parent with Subsidy in the
service and/or fee assessment.
collections in excess of the assessed Parent fees as stipulated in
the Parent’s Award Letter. An exception is made for one-time
deposit/registration/application fees and special activity fees.
failure of the Child Care Provider to submit timely,
complete and accurate billings, in spite of the Department’s
efforts to provide technical assistance to the Child Care
Provider. Repeated failure means the majority of billings within
a six-month period were not received on time, and/or were
incomplete and/or inaccurate.
of the Child Care Provider to notify the Department in writing when
the Parent has been absent from the program for more than two days
per month without reasonable cause. Prior to entering into a
Provider Agreement, the Child Care Provider must be provided with a
copy of the enrollment standards by the Department.
violation of the Provider Agreement which
constitutes a breach of contract.
Providers who have been debarred or suspended by the Federal
government in accordance with the provision in the contract with the
11.02.2 If the provider does not return a new or renewal
agreement completed and signed within 30 calendar days of the
Department’s request for this information, the Department may
withdraw its approval of this provider due to not having an active
agreement with said provider. Consent agreements are not included.
11.03 Termination of Child Care Provider by Parent for
11.03.1 The Parent may immediately terminate the
Subsidy agreement for
failure of the Child Care Provider to allow
Parents unlimited access
to their children during normal hours of
operation or whenever the
children are in the care of the Child Care
Provider, unless access has
been limited by a court order.
11.03.2 Services may be terminated by the Parent due
to an alleged child
care license/certification violation or an
allegation of child abuse
and neglect. Fee payments may be withheld by
11.03.3 If the DHHS Division of Licensing and
determines that a violation occurred, then no
payment is due for
each day of service.
11.03.4 If the investigation reveals that no violation
occurred, then the
Parent will pay the Child Care Provider for
each day of service
within the two-week notification period that
their child care slot
11.03.5 If the Parent fails to give the required two week
because of an alleged licensing violation, the
Department will not
pay the Child Care Provider if the Parent or
another party files a
complaint with the Department’s Child Care
within two weeks of their knowledge of the
alleged incident, and the
Child Care Provider is found to be in violation
of licensing rules.
Example: The Parent has evidence that the Child
spanked her child, she makes a report to the
Department, and the
Department determines that the violation
11.03.6 If the Parent fails to file a complaint with the
Department’s Child Care Licensing Authority within two weeks of
their knowledge of the alleged incident or no violation is found,
then the Department will pay the Child Care Provider for the required
Calendar Day Advance Notification of Termination
11.04.1 No twelve (12) calendar day advance notification is
required if there is immediate termination by any party: the Parent,
the Department pursuant to Section 11.02, or the Child Care Provider.
11.04.2 For all other Parent and/or Child Care Provider
terminations, a minimum twelve (12) calendar day advance Notification
of Termination is required of the party seeking termination - the
Department, the Parent or the Child Care Provider. This notice must
be provided in writing.
11.04.3 Notification of Termination from the Department must
be made in writing. Notice may additionally be made in person, or by
direct telephone contact with the appropriate Child Care Provider.
11.04.4 When the Department terminates the Child Care Provider
as listed in 11.02, the Parent may select a new Child Care Provider.
11.04.5 When the Department terminates Child Care Subsidy to
the Parent as listed in 11.01 the Department must:
i. Furnish the Child Care Provider with a copy of the
Notification of Termination issued to the Parent
ii. Use an alternative form of notification when sensitive
information should not be shared with the Child Care Provider
iii. Furnish the Caseworker with a copy of the notification of
termination if the client was referred by a Caseworker.
11.05 Failure to Give Twelve (12) Day Notification of Termination
must give the Child Care Provider a written twelve (12) day notice
when they are going to terminate their Child Care Subsidy services.
The Department must receive a copy of this notice.
11.05.1 Parents who fail to give the Child Care Provider a
twelve (12) day advance notification that Child Care Services are
being terminated will pay the Child Care Provider the assessed Parent
fee for each day of service during the twelve day notification period
that their child care slot remains vacant.
11.05.2 If the Parent fails to give the required notice, the
Department will pay the Child Care Provider for each service day
short of the notification period and only for the days that the
Parent’s child care slot is vacant. The Department will not pay the
11.05.3 If the Department pays the Child Care Provider when
the Parent fails to give the required notice, the Department will not
pay a second Child Care Provider on behalf of the Parent for the same
child and for the same period of time.
11.05.4 Other than situations otherwise noted in 11.03.1 and
11.03.2, the parent must leave the Child Care Provider in good
standing in order for the subsidy award to continue to a new
provider. Good standing includes twelve day written notice and
payment of all parent fees to the former Child Care Provider. If the
parent does not leave in good standing, the Department may rescind
the award until payments are made to the former Child Care Provider
or the parent is making regular payments on the arrears in accordance
with a reasonable payment plan to the former Child Care Provider.
Termination Affects Child Care Provider Payment
11.06.1 When the Parent’s Child Care Subsidy is terminated,
the Department will not pay the Child Care Provider beyond the
termination date unless the Parent has requested a State
Administrative Hearing in accordance with the standards set forth in
the Section 13 other than terminations under Section 11.03.
11.06.2 When the Child Care Provider terminates child care
service to a Parent, the Department will not pay the Child Care
Provider beyond the termination date provided by the Child Care
11.06.3 When the Provider Agreement between the Department and
the Child Care Provider is terminated, no payment to the Child Care
Provider will be made for any period beyond the termination date.
12.00 IMPROPER PAYMENTS
a Parent or Child Care Provider receives more or less benefits than
they should have received, an improper payment is deemed to have
12.02Underpayments and Overpayments If the improper
payment results in less benefits than should have been granted, the
result is an Underpayment. If the improper payment results in more
benefits than should have been granted, the result is an Overpayment.
Department shall take prompt action in accordance with the
requirements of this section whenever an improper payment occurs
that causes benefits to be underpaid or overpaid.
when the Parent or the Child Care Provider does not receive all
the benefits to which the Parent or the Child Care Provider is
entitled due to an administrative error or mistake made by the
Department. Evidence shall clearly demonstrate that an agency
administrative error occurred. Errors caused by the Parent or the
Child Care Provider shall not be considered underpayments, except
when a Child Care Provider makes a billing error and the
Department receives written notification of the error within
thirty (30) calendar days of the date payment is issued to the
occur when the amount paid exceeds the amount that would have been
paid if the benefit had been calculated correctly on actual
circumstances reported, verified and acted on in a timely manner.
Overpayments occur as the result of agency administrative, Parent
or Child Care Provider errors.
d. Overpayments are calculated on a month-to-month basis for the
period of the overpayment. No overpayment shall be established if
the difference between the benefits paid on behalf of the Parent and
the correct benefit amount is less than ten (10) dollars.
overpayment shall be classified as an agency administrative error if
the error was caused solely by actions of the Department. Agency
administrative errors shall include, but not be limited to:
a. Errors caused by delays in processing applications or acting upon
changes that were reported in a timely fashion
b. Errors in determining eligibility, calculating the benefit amount
or the payment authorization period
c. Data entry errors
Errors caused by the
incorrect application of state regulations, policy or procedures
committed by an individual who works for the Department
Caused by Parents and Providers
12.04.1 Overpayments that are not caused by agency
administrative errors shall be classified as caused by the Parent or
Child Care Provider.
12.04.2 Overpayments caused by the Parent shall include, but
not be limited to:
caused by reporting false information
caused by reporting inaccurate information
c. Delays in reporting changes in household circumstances, work or
school schedules, or provider arrangements
Overpayments caused by the Child Care Provider shall include,
but not be limited to errors caused by:
Inaccurate reporting of
licensing status, age or other Child Care Provider eligibility
Inaccurate reporting of the
Child Care Provider’s relationship to the child or the location
at which care is given
Inaccurate reporting of
Committing an illegal act,
such as cashing a replacement check after falsely claiming that
the original check was lost, stolen or destroyed
Inaccurate reporting of
actual charges, attendance or dates of service
Any other false claim for
goods or services provided
overpayment shall be considered as both Parent and Child Care
Provider caused if the Parent and the Child Care Provider both
participated in the action that caused the overpayment to occur.
shall make a preliminary determination of whether the overpayment
was caused by a program violation based on the information and
evidence and pursuant to these rules. Overpayments shall be
considered and pursuedif the Parent or Child Care Provider
withheld or provided false information on matters affecting
eligibility, benefits or a claim for services.
12.04.6 Where the Department makes a preliminary determination
that a Parent or Child Care Provider may have committed a program
violation, the case may be referred to the DHHS Fraud Investigation
Unit pursuant to Title 22 M.R.S. §13 and the Department may pursue
establishment of a program violation against the Parent and/or Child
Care Provider administratively.
12.04.7 A final determination that a program violation was
made shall be made only as the result of a decision by an
Administrative Hearing, a court, or waiver of the Administrative
Hearing by the Parent and/or Child Care Provider. Failure to request
an Administrative Hearing constitutes a waiver.
the Improper Payment
Subsidy payments shall be calculated by comparing the subsidy paid
during the applicable benefit month to the payment that would have
been payable if eligibility and payment had been calculated
correctly. The difference between the correct subsidy and the amount
actually paid shall be the amount of the monthly improper payment.
12.05.2 The monthly calculation is applied on a month-to-month
basis for the improper payment period. The aggregate sum of the
monthly improper payments within the improper payment period is the
net amount of the improper payment or the overpayment/underpayment
subsidy benefits are underpaid, the amount owed shall be paid within
sixty (60) calendar days of the date the error was discovered, unless
information needed to calculate the improper payment is inadequate or
has not been received. If the Parent or Child Care Provider has an
outstanding overpayment, the amount of the underpayment shall be used
to offset the outstanding overpayment and any remaining balance of
the underpayment shall then be payable to the Parent or Child Care
payments shall be corrected regardless of whether the Parent’s case
is active or closed. The Parent and Child Care Provider shall be
notified of the determination.
Repayment of overpayments shall begin on the first day of the
month following the month in which the circumstances that caused the
of Agency Administrative overpayments shall begin on the first day of
the month following the month in which the circumstances that caused
the overpayment occurred, unless a notice of adverse action is
If the Department fails to take timely action following
discovery of the issue to correct the issue causing the overpayment
to accrue any subsequent subsidy benefits overpaid as the result of
the delay shall be considered agency administrative error.
The Parent shall
be responsible for repaying the overpayment unless the overpayment
was caused solely by the Child Care Provider. If the Parent is
responsible for the overpayment, the Department shall require
restitution by billing when the overpayment is due and again on
the thirtieth and sixtieth day if the Parent fails to pay.
Thereafter, the Department may pursue collection in the
If the Child Care
Provider is responsible for the error, the Child Care Provider
shall repay the overpayment.
If the Child Care
Provider is responsible for the overpayment and recovery is
initiated by reducing the monthly Child Care Subsidy benefits, the
Child Care Provider shall not require the household to pay the
difference by increasing charges for children subsidized by the
Department to compensate for the loss of income due to the
recovery of an overpayment.
responsible for the repayment of the overpayment shall be provided
with written notice of overpayment upon establishment.
The written notice of
overpayment shall be sent to the Department’s last known address
of the individuals, by U.S. Postal Service first class mail and be
considered as received upon being sent.
The written notice of overpayment shall contain:
the individual(s) responsible for repayment
address of the individual
The overpayment will be
considered payable in full thirty (30) days from the date of
Explanation of why the
repayment by recovery through Child Care Provider payment
repayment when billed
repayment through Maine Revenue Services Tax Setoff
Hearing Rights and Appeal
Selection of repayment
method as outlined in 12.08.
If the Child Care
Provider is solely responsible for repaying the overpayment, the
Parent shall be notified in advance of the proposed change in
benefits and that the Child Care Provider cannot hold the Parent
responsible for paying the difference.
12.08.1 The Department shall attempt to recover overpayments
by a lump sum repayment or the quickest means possible.
If the Parent or
Child Care Provider does not agree to a lump sum repayment, the
Department shall then reduce the Child Care Provider’s and/or
Parent’s ongoing payments by twenty percent (20%) of the Child
Care Provider’s monthly payment until the overpayment has been
by benefit reduction shall be initiated if the Child Care Provider
does not respond to the advance notice or request an Administrative
request for an Administrative Hearing on establishment of the
overpayment delivered to the Department within thirty (30) calendar
days of the Notice shall stay recovery actions until issuance of a
decision which upholds the Department’s establishment of the
If the Child Care
Provider does not actively receive Child Care Subsidy payments,
the Department shall attempt to recover the overpayment through
the quickest means possible and through those mechanisms available
by law as with other program overpayments.
If the Parent or
Child Care Provider does not comply with any repayment plan, the
Department may, to the extent allowed by law, take whatever action
deemed appropriate to recover such overpayment.
Penalties for Program Violations
Parents or Child Care
Providers who are found to have committed a program violation must
be referred to the DHHS Fraud Investigation Unit pursuant to Title
22 M.R.S.A. § 13.
The Department shall impose a
disqualification penalty of up to one year if the Parent is found
to have committed a program violation in connection with obtaining
Child Care Subsidy benefits. A penalty shall be imposed after
issuance of an Administrative Decision which determines that a
Program Violation occurred or the Parent waives an Administrative
disqualified for up to a year for a Child Care Subsidy if they had
their Child Care Subsidy services terminated for a Program
Violation related to Family income, Family size, or other
eligibility criteria in order to be found eligible for services.
Child Care Providers convicted of Theft as a Class B or Class C
crime by a court of competent jurisdiction regarding the funds
administered by the Department through the Child Care Subsidy
program, TANF or other cash program shall be permanently
disqualified from participation in the Child Care Subsidy program.
13.01 Any person who is denied service, has services reduced
or terminated or is denied participation in the program by the
Department has the right to a state agency hearing. The Commissioner
has delegated to the Division of Administrative Hearings the
responsibility to conduct state agency hearings. The state agency
hearing shall be conducted in accordance with the current
Administrative Procedure Act promulgated rules for state agency
on Requests for Service
Department shall give written notice within thirty (30) calendar
days of request for service to all persons who are denied
services, using a form approved by the Department.
13.02.2 In all instances, notices of denial of service shall
contain the Parent’s or Provider’s hearing rights.
13.02.3 The following actions shall not be subject to a state
agency hearing on denial of service:
a. The service(s) requested are not within the Department’s
service or program description
b. Department funds are depleted
c. The request for service originates from a person who is not
authorized or appointed to act on behalf of a Parent
13.02.4 If a request for services is denied, the person
denied may submit another request at any time a change in
13.02.5 The Department shall retain copies of all notices of
to Terminate or Reduce Services
13.03.1 In cases of proposed action to discontinue,
terminate, suspend, or reduce services, the Department shall give
written notice to the Parent(s) at least 12 calendar days prior to
the effective date of the action.
13.03.2 The written notice to discontinue, terminate,
suspend or reduce services shall contain the following:
a. The date of the intended action
b. The action the Department or the agency is proposing to take
c. The reason(s) for the proposed action
d. Reference to the specific rules or regulations supporting such
e. Explanation of the individual's right to request in writing a
conference with the provider and/or a state agency hearing
f. The time frame within which the conference and/or hearing request
must be submitted in order for services to continue
13.03.3 The following actions to discontinue, terminate,
suspend or reduce services shall not be subject to a state
a. Reduction, change or termination of service(s) resulting from
state program changes which have been implemented through a
rulemaking procedure, in accordance with the Administrative Procedure
b. Reduction or termination of service resulting from a change in an
annual or other services plan of the Child Care and Development Fund
program or other state program or policy when those decisions have
provided for adequate public notice
c. A provider organization has given adequate notice to all clients
that service(s) are to be terminated at the end of a specified period
due to discontinuance of the program, lack of funding, etc.
13.03.4 The Department shall retain copies of all notices to
discontinue terminate, suspend or reduce services in the Parent’s
13.04 State Administrative Hearing
13.04.1 Parents must request an Administrative Hearing in
writing within ten (10) calendar days of the Parent’s receipt of
13.04.2 Service shall be continued throughout the entire
hearing process when the written request for a state Administrative
Hearing are received within ten (10) calendar days of the Parent’s
receipt of notification.
13.04.3 In cases where the Hearing decision rules in favor of
the Department, the Department may seek recoupment for the subsidy
provided from the time of initial termination until final termination
notice (provided after the Hearing decision.)
13.04.4 When a state Administrative Hearing request is
received within the time frame stated above, the Department shall
notify the Child Care Provider immediately of their responsibility to
continue service until the state Administrative Hearing decision is