Section 18084.2 The Family’s Right to Voluntarily Report Changes
Section 18084.3 Requirement to Report When Income Exceeds Ongoing Income Eligibility
HIGHLIGHTS 4 Major Areas:
Families certified for services on the basis of seeking employment shall receive services for not less than 12 months.
All families must be recertified at least one each contract period, and no sooner than 12 months from when they were last certified.
Families may voluntarily report changes decreasing their service need under specific conditions.
Families must report within 30 days if income exceed 85 percent of state median income (SMI).
The information in the Guidance supersedes the information in current 5CCR regulations and FTCs. Refer to the Guidance when enrolling families or reviewing Policies.
A payment made by a child care and development program for a child during this period shall not be considered an error or an improper payment due to a change in the family’s circumstances during the same 12-month period.
The GAU will only be verifying information at:
Initial certification, and at
Recertification
July 28, 2017 Webinar: Budget Act of 2017: Review of Management Bulletins and Overview of 12-month Eligibility Provisions- in partnership with CAPPA
On Friday, July 28th, CAPPA supported CDE/EESD with a webinar focused on MB 17-08, 17-09 and 17-10 in addition to answering submitted questions regarding 12-month eligibility.
Although the webinar started out with technical challenges, by the time we got to the Q&A portion of the webinar, it was clear.
Webinar Recording (Click the Vimeo Logo on the bottom right-hand side of the video to watch in full screen view):
If you did not listen to the webinar, we encourage you do so as it was full of rich information. Additionally, it was very clear particularly during the Q&A portion of the webinar, that there are clear objectives that CDE is using as reference to answering questions and drafting Management Bulletins (MBs). They are:
1. CDE directives and input will fall on the side of what is in the best interests of the child.
2. Continuity of care for 12 months.
3. Hold Harmless will be applied to agencies that are implementing the increase in the SMI, family fees and 12-month eligibility consistent with the 2017-18 budget bill and trailer bill intent. As noted during the webinar, "Errors and overpayments will not be looked at (Hold Harmless) if implemented in accordance with Education Code Section 8263(i)1:
4. Memorize Education Code Sections 8263(h) below and (i) above.
8263 (h) (1) Except as provided in paragraphs (2) to (4), inclusive, upon establishing initial eligibility or ongoing eligibility for services under this chapter, a family shall be considered to meet all eligibility and need requirements for those services for not less than 12 months, shall receive those services for not less than 12 months before having their eligibility or need recertified, and shallnot be required to report changes to income or other changes for at least 12 months.
(2) A family that establishes initial eligibility or ongoing eligibility on the basis of income shall report increases in income that exceed the threshold for ongoing income eligibility as described in subdivision (b) of Section 8263.1, and the family's ongoing eligibility for services shall at that time be recertified.
(3) A family that establishes initial eligibility or ongoing eligibility on the basis of seeking employment shall receive services under this chapter as follows:
(A) If seeking employment is the basis for initial eligibility, the family shall receive services under this chapter for not less than six months.
(B) If, at the time of recertification, the only basis established for ongoing eligibility is a parent's need to seek employment, the family shall receive services for no less than six months.
(4) A family may at any time voluntarily report income or other changes. This information shall be used, as applicable, to reduce the family's fees, increase the family's services, or extend the period of the family's eligibility before recertification.
Hold Harmless will be applied to agencies that are implementing the increase in the SMI, family fees and 12-month eligibility consistent with the 2017-18 budget bill and trailer bill intent. As noted during the webinar, "Errors and overpayments will not be looked at (Hold Harmless) if implemented in accordance with Education Code Section 8263(i)
To understand the intent behind these directives, it is strongly suggested that Education Code Sections 8263(h) and (i) be read and memorized, as clear language on the guiding principals behind anticipated directives is given.
Again, it could not have been emphasized any stronger that if your agency implements in accordance with the the changes in law enacted as part of the 2017-18 budget package above laws that went into effect on July 1, 2017, CDE will have a hold harmless applied for purposes of reviews.
This webinar was very clear that the work we do is going to get greatly streamlined and will definitely support families with continuity of care and greater stability for children.
CAPPA is going to work with CDE to write out answers to the six pages of questions that you have all submitted. CDE will host these responses on their website, but CAPPA will have a link to them on the same page where we will host this webinar and PPT for reference.
Other:
Q: What is the October 1, 2017 deadline?
A: That is the deadline wherein CDE must provide through MBs or letters of instruction on how to implement the laws that are now in place. Below is the language clarifying October 1, 2017 in the Education Code Section 8263.
(j) (1) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and Section 33308.5 of this code, until regulations are filed with the Secretary of State to implement subdivision (h), the department shall implement subdivision (h) through management bulletins or similar letters of instruction on or before October 1, 2017.
MB 17-11: Revised Family Fee Schedule is currently in the approval process, and will be posted in the near future. Additional MBs associated with implementation of the Budget Act of 2017 are forthcoming.
Finally, EESD has put a hold on issuing more answers to questions regarding past MBs. The reason for this is that the newly enacted 2017-18 budget has provided the conduit needed to reexamine and do away with burdensome reporting requirements and transfer issues that exist between CalWORKs Stage 1 and Stage 2 child care. ___________________________________________________________________________________________________
For an archived listing of all Management Bulletins, please visit the CDE website.
October 14, 2019
12-Month Eligibility and CalWORKs Regulations All California State Preschool Program Executive Directors, Program Directors and other interested parties: This notice is to inform interested parties that pursuant to the requirements of California Government Code Section 11346.4(a), the 12-Month Eligibility and CalWORKs Regulations have been posted to the CDE Proposed Rulemaking and Regulations web page athttps://www.cde.ca.gov/re/lr/rr/. Any interested person, or that person’s authorized representative, may submit written comments relevant to the proposed regulatory action. Comments must be received by the Regulations Coordinator prior to or on October 29, 2019. Instructions on how to submit public comments can be found on the CDE Proposed Rulemaking and Regulations web page listed above. All written comments received by CDE staff during the public comment period are subject to disclosure under the Public Records Act.
August 24, 2019 Fiscal Year 2019-20 Two-Day Fiscal Training for Center-Based Contractors. Additional information regarding location details and how to sign up for these trainings will be forthcoming
Management Bulletin 19-01: Fiscal Year 2018–19 Program Self-Evaluation Attention: Executive Officers and Program Directors of all Early Learning and Care Programs Management Bulletin 19–01 informs contractors of CDE, ELCD programs of the requirements and instructions for submitting the Program Self-Evaluation (PSE) due on June 1 of every year. Please visit the ELCD Management Bulletin 19-01 web page at https://www.cde.ca.gov/sp/cd/ci/mb1901.asp.
March 18, 2019
This notice informs ELCD contractors of key SAVE THE DATE Request for Applications (RFA) events for the following RFAs:
The California State Preschool Program (CSPP) Expansion RFA will announce score notifications to applicants by mid-March 2019, and send out Proposed Award Letters in mid-May 2019. The program start date will be June 28, 2019. Please note this date has changed from previous years' start dates.
The General Child Care and Development (CCTR) RFA will announce score notifications to applicants by mid-March 2019, and send out Proposes Award Letters in mid-May 2019. The program start date will be June 28, 2019. Please note this date has changed from previous years' start dates.
For all other questions regarding the CSPP RFA, please send an email to [email protected].
For all other questions regarding the CCTR RFA, please send an email to [email protected].
March 11, 2019
The California Department of Education (CDE) invites all early learning teachers to participate in two surveys (available in English and Spanish) about working in early childhood education (ECE) in California. The surveys ask for your input on what supports are most helpful to you, and what challenges you may be experiencing.
You may take the survey in either language, but please do not complete both languages for one survey. We respectfully request that you complete both surveys by March 15, 2019.
CDE Releases 12-Month Eligibility and CalWORKs Regulations CDE has released a regulatory package on 12-month eligibility and CalWORKs. The 45-day comment period starts today and ends on February 11, 2019.
The California Department of Social Services (CDSS) has amended regulations pertaining to CalWORKs, within the Eligibility and Assistance Standards Manual. The changes are detailed in CDSS Manual Letter No. EAS-18-05
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