Cal. Code Regs. Tit. 5, § 17764 - Documentation of Need for Full-Day CSPP: Employment
(a) If the basis of need as stated on the
application for services is employment of the parent, the documentation of the
parent's employment shall include the days and hours of employment. If the
total number of hours worked each week is consistent, but the days and hours of
employment vary, the documentation shall support the total number of hours
worked each week.
(b) If the parent
has an employer, the parent shall obtain and provide documentation of need
based on employment that consists of one of the following:
(1) Pay stubs that indicate the days and
hours of employment; or
(2) Pay
stubs that indicate the total hours of employment per pay period, as long as
the hours generally correlate with the parent's requested number of hours
needed each week.
(3) When the pay
stubs do not meet the criteria of either subsections (1) or (2) above, the
contractor shall verify the days and hours, or the total number of hours, of
employment each week by doing one of the following:
(A) Secure an independent written statement
from the employer indicating the days and hours of employment using the release
authorization pursuant to section
17762; or
(B) Telephone the employer to verify the days
and hours of employment and maintain a record of the verified
information;
(4) If the
parent's employment precludes the contractor from verifying a specific number
of hours per week, the contractor shall use the provided documentation from
either month of the two-month window immediately preceding the initial
certification or recertification and identify the highest number of actual
hours worked within any given week and use that as the basis for approving the
certified schedule on the application for services.
(5) If at the time of initial certification
or recertification the parent does not have a work history, the contractor
shall establish the certified schedule based on the verified days and hours or
the highest number of total hours per week the employer expects the parent to
work.
(6) If the employer refuses
or is non-responsive in providing the requested information, the contractor
shall record the attempts to contact the employer and specify in the family
data file the reasonableness of the days and hours of employment based on the
description of the employment and community practice.
(7) If the parent asserts in a declaration
signed under penalty of perjury that a request for employer documentation would
adversely affect the parent's employment, the contractor shall review the
declaration and determine whether the days and hours of employment based on the
parent's description of the employment and community practice are reasonable
and include the declaration and determination of reasonableness in the family
data file.
(8) When the employed
parent does not have pay stubs or other record of wages from the employer and
has provided a self-certification of income, as defined in section
17700, the contractor shall assess
the reasonableness of the days and hours of employment, based on the
description of the employment and the documentation provided pursuant to
section 17762, and authorize only the time
determined to be reasonable.
(c) If the parent is self-employed, the
parent shall obtain and provide documentation of employment consisting of the
following:
(1) A declaration of need under
penalty of perjury that includes a description of the employment and an
estimate of the days and hours worked per week; and
(2) As many of the following documents needed
to support the days and hours of employment:
(A) Appointment logs, client receipts, job
logs, mileage logs, a list of clients with contact information, or similar
records; or
(B) As applicable, a
copy of a business license, a workspace lease, or a workspace rental
agreement.
(d)
If additional services are requested for travel time and/or sleep time to
support employment, the time authorized shall be calculated as follows:
(1) Travel time to and from the location at
which services are provided and the place of employment, not to exceed half of
the daily hours authorized for employment, to a maximum of four hours per
day;
(2) Sleep time, if the parent
is employed anytime between 10:00 p.m. and 6:00 a.m., not to exceed the number
of hours authorized for employment and travel between those hours.
(3) Sleep time shall not be provided when:
(A) There is a parent in the family available
and capable of providing care for the family's child(ren) during the time care
is requested; or
(B) Supervision of
the family's child(ren) is(are) otherwise being provided by:
(i) Scheduled time in a public educational
program;
(ii) A private school in
which the child(ren) is(are) enrolled and attending; or
(iii) A time when a child(ren) is(are)
receiving any other early childhood
services.
Notes
Note: Authority cited: Sections 8207, 8231 and 8242, Education Code. Reference: Sections 8208 and 8231, Education Code.
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