015-1 Wyo. Code R. §§ 1-4 - Eligible Expenses

(a) "Adult" is a person age 18 or over, or a person under age 18 who meets the Wyoming emancipation laws.

(b) "Adverse action" is a process to terminate or reduce the child care benefits.

(c) "Anticipated income" is income which is expected to be received in the benefit month.

(d) "Applicant" is a person who expresses in writing a desire to receive assistance.

(e) "Application date" is the date a completed and signed application is received and date stamped in the DFS-FO.

(f) "Assistance unit" is one (1) or more children living with their parent(s)/caretaker(s).

(g) "Authorization" is issued to a parent/caretaker to show the child(ren) is eligible for child care assistance. The Child Care Authorization is assistance to the client, not assistance to the provider. The authorization shows:

(i) The maximum child care hours allowed by DFS;

(ii) The maximum payment DFS shall make; and

(iii) The parental obligation for a portion of the child care costs.

(h) "Best estimate" is a determination of what shall occur based on knowledge of the past and present circumstances and future expectations.

(i) "Benefit Specialist" is an employee of DFS who case manages economic assistance cases including the determination of eligibility for child care services.

(j) "Business expense" is the cost directly related to the production of the goods or services provided by the operation which are then subtracted from the gross income to determine net income. Including labor, fee, seed, machinery repairs, transportation required to perform the service or deliver the goods and taxes or any other expense connected solely with the function of the business.

(k) "Caretaker" is a child's parent (as defined herein) or other adult who has a court order giving legal responsibilities and/or legal guardianship and who is exercising the care and control of the child(ren). This includes foster parents and the spouse of the caretaker.

(l) "Categorically eligible":

(i) For Personal Opportunities With Employment Responsibilities (POWER), adult member of the assistance unit who is income and/or resource eligible for child care assistance because he/she is included in the assistance unit's POWER payment.

(ii) For Supplemental Nutrition Assistance Program (SNAP), the adult SNAP recipient who is eligible for child care assistance because he/she is participating in the SNAP E & T program.

(m) "Central Registry" means an electronic record maintained by DFS of persons who have been the subject of a child abuse or neglect complaint. The record contains the findings of the child protection investigation. The Central Registry is not a list of court adjudications.

(n) "Certified provider" see Licensed provider.

(o) "Child care" is the direct care and services to infants and children in the child's own home or another facility, not to exceed 16 hours in a 24 hour day unless overnight travel is necessary for the parent(s)/caretaker(s) to accept or retain employment.

(p) "Child Care Center (CCC)" is a facility in which care is provided for part of a day for 16 or more children.

(q) "Child care facility" is the business that keeps or cares for more than two (2) minors at the request of the parent(s), legal guardian(s) or an agency responsible for the daily care and control of those children when the responsible party is not present.

(r) "Child care review" is a review of all eligibility factors at least once every six (6) months.

(s) "Child support" is voluntary, including military allotments, or court ordered payments made by an absent parent for the purpose of meeting the needs of his/her child(ren).

(t) "Child Support Enforcement Services (CSES)" is a legal entity charged with maintaining a child support enforcement program at the judicial district level.

(u) "Commingled" is a financial account in which countable and exempt funds are mixed together.

(v) "Date of eligibility" is the day benefits are required to begin. This is the date of the child care application, the first day the child received care or the date the approved employment or educational component or work activity began, whichever is later.

(w) "Death benefit" is the benefit received as a result of another's death. Death benefits include:

(i) Proceeds of life insurance policies received due to the death of the insured;

(ii) Lump sum death benefits from SSA, RR burial benefits, VA benefits;

(iii) Inheritance in cash or in-kind; or

(iv) Cash or in-kind gifts given by relatives, friends, or community to assist with death related expenses.

(x) "Department of Family Services (DFS)" is the Wyoming department responsible for the provision of child care purchase of services. DFS-FO is a department field office. DFS-CO is the department state office.

(y) "Developmentally Delayed (DD)" is a child who is experiencing developmental delays in one or more of the following areas:

(i) Cognitive development;

(ii) Physical development including hearing and vision, language and speech development;

(iii) Psychosocial development; or

(iv) Self-help skills.

(z) "Disaster beyond control of the assistance unit" means earthquake, fire, flood, tornado, robbery, or furnace breakdown and/or broken water pipes in the home when owned by a person in the assistance unit.

(aa) "Earned income disregard" is a $200.00 deduction from gross earned income for each employed adult in the assistance unit.

(bb) "Educational program" is a postsecondary course of study, not exceeding the first associate or baccalaureate degree (unless the associate degree was received while the parent(s)/caretaker(s) was pursuing a baccalaureate degree as the original educational goal). The program is designed to assist the student in obtaining employment in a specific job when the course of study is complete.

(cc) "Eligible" qualifies for child care assistance after meeting all of the specified conditions or factors.

(dd) "Emancipated" is a person who has obtained the legal status of an adult.

(ee) "Employment" is an activity in which an individual works for income.

(ff) "Employment & Training (E & T)" is the employment and training program as described in the current SNAP E & T regulations and approved by the United States Department of Agriculture.

(gg) "Employment training" is a planned, supervised program which may be a combination of classroom and on-the-job training experiences that imparts knowledge or develops skills or abilities to prepare a person for employment.

(hh) "Equity value (EV)" is the amount of money the sale of property would bring on the open market in the community where the property is located less any legal debts (such as mortgages, loans, penalties, cost of sale) against the property or resource.

(ii) "Exempt" is a category of income or circumstances not subject to program policy or limits and shall not be counted for eligibility purposes.

(jj) "Family Child Care Center (FCCC)" is a child care facility in which care is provided for a maximum of 15 unrelated children for part of a day, which may be in a residential or commercial type structure.

(kk) "Family child care home (FCCH)" is a licensed child care facility in which care is provided for no more than 10 children in the primary residence of the provider.

(ll) "Financial responsibility" means answerable for providing the funds to meet the needs of a spouse and/or natural, adopted, step child(ren) or as provided by law.

(mm) "Foster care provider" is the person(s) caring for the child(ren) placed in a care facility by DFS.

(nn) "Foster child" is a child who been has placed in a foster care home or facility by DFS.

(oo) "Fraud" is documented deliberate misrepresentation, concealment or nondisclosure of information by an applicant, recipient, or provider pertaining to an eligibility or billing factor:

(i) To obtain assistance or provider payment;

(ii) To remain eligible for assistance or provider payments;

(iii) To avoid a decrease in assistance or provider payment; or

(iv) For obtaining payment for services that were not rendered.

(pp) "Full day" is five (5) or more hours of child care in a day.

(qq) "Garnishment" is a legal withholding of a specified sum from wages to satisfy a creditor.

(rr) "Guardian" is an individual appointed by the court to care for a person as reflected in a court order specifying the guardianship.

(ss) "Household (HH)" refers to one (1) or more rooms of a house, apartment or mobile home and may include one (1) or more assistance units and/or ineligible person(s).

(tt) "Household circumstances" are situations that could have an effect on one (1) of the eligibility factors.

(uu) "Immediate family" are the minor brothers, sisters, stepbrothers, stepsisters, half brothers and half sisters who live together with their parent(s)/caretaker(s) in the same residence. Immediate family is used to determine assistance unit composition and whether the provider selected by the assistance unit needs to be licensed.

(vv) "Income" is money received from any source.

(i) Countable income - the total of gross earned income less allowable earned income disregards and gross unearned income expected or received by the assistance unit for a specified month and includes child support received by the applicant or recipient.

(ii) Earned income - a payment received in cash or in-kind for wages, salary, tips, commissions as an employee or net profit from activities in which the individual is engaged as self-employed. It is the total income before deductions for personal or employment expenses and excludes the meal allowance used to compute Federal Insurance Contribution Act (FICA).

(iii) Exempt income - money set aside or free from program policy or limits and is not counted.

(iv) Fluctuating income - income that varies in frequency of receipt or income that varies in amount each month due to:

(A) Working overtime;

(B) Hourly pay with varying hours;

(C) Receipt of tips or commissions;

(D) Changes of hours or pay rate; or

(E) Decrease or increase in hours of work due to vacations or sick leave or seasonal employment.

(v) Gross income - the total money the person is entitled to receive, prior to any deductions such as the earned income disregard, Social Security, withholding tax, and garnishments.

(vi) Infrequent income - income that is less than $50 per individual when received and not received more often than once every calendar quarter.

(vii) In-kind income - the receipt of a good(s) or a service(s) instead of money or cash. In-kind earned income is considered when the applicant/recipient has a legal interest in a liquidated sum and has the legal ability to make such sum available for support and maintenance.

(viii) Net income - the gross receipts from self-employment less the current business expenses.

(ix) Periodic income - money that is not received on a regular basis.

(x) Stable income - income received in a set/fixed amount from the same source(s) on a regular basis and there is no additional income which fluctuates.

(xi) Unearned income - all money received not earned by providing goods and services or defined as a resource.

(ww) "Infant" is a child from birth to 12 months of age.

(xx) "In-home care" is child care provided in the child's own home. In-home care is for any number of children who are immediate family members residing in the child(ren)'s home.

(yy) "Initial eligibility determination" is the process of determining eligibility when the assistance unit applies for services for the first time or when there has been a break in aid of 30 days or more.

(zz) "Insurance settlements" are the money received by a person(s) from a company for damage of property or person.

(aaa) "Intentional program violation (IPV)" is the action by an applicant, recipient or provider of making a false or misleading statement or misrepresentation, concealment or withholding of facts for the purpose of:

(i) Establishing or maintaining eligibility for child care assistance, or

(ii) Increasing or preventing a reduction in the amount of child care assistance or payment.

(bbb) "Knowledgeable source" is a person who has considerable degree of familiarity of a subject gained through experience of or association with the individual or subject.

(ccc) "Licensed provider" is a provider who meets the licensing standards established by DFS.

(ddd) "Loan" is a debt the borrower has an obligation to repay. A bona fide loan is one where there is a written agreement to repay the loan. Bona fide loans the assistance unit has an obligation to repay are not counted as income.

(eee) "Lump sum" is a payment of earned or unearned money made not more than once per quarter.

(fff) "Minimum health and safety standards" are requirements established to assure the health and safety of a child(ren) receiving child care services.

(ggg) "Minor" is a person under 18 years old who does not meet Wyoming's emancipation laws.

(hhh) "Month" is:

(i) Current month - the month in which eligibility is determined.

(ii) Payment month - the calendar month for which the assistance is issued.

(iii) "Month received" is the calendar month in which the payer or source made the money available or the individual receives the money in hand, whichever occurs first. Exception: SSA, SSI, VA and POWER received at the end of the month are considered for the following month.

(jjj) "Need" for child care is the time when the eligible parent(s)/caretaker(s) is actually participating in an approved activity or component and the eligible child requires care.

(kkk) "Net profit" is the gross receipts, less the current business expenses.

(lll) "Noncooperation or noncompliance" is the act of refusing or failing to comply with a child support, work program or POWER requirement or to work with another to accomplish a common end or specified goal.

(mmm) "Parent" is a natural, adoptive, or step mother or father of any age. (See Caretaker.)

(nnn) "Parental access" is allowing parents to visit the child care facility and see their children at any time.

(ooo) "Parental obligation" is the portion of the child care cost the parent(s)/caretaker(s) is responsible to pay based on the assistance unit size and income. The amount of the parental obligation is based on the calculation set forth in W.S. 42-2-103(f)(2016).

(ppp) "Part day" is less than five (5) hours of child care in a day.

(qqq) "POWER work requirement" the POWER performance requirements include the mandatory job seeker contacting the work program case manager, keeping all appointments, complying with the steps and responsibilities in her/his IRP, registering for employment at DWS and following through with referrals to DVR for employment rehabilitation or an SSI application.

(rrr) "Presumptive eligibility" is the assurance of payment for 30 days of child care services by a licensed child care facility when the assistance unit appears eligible due to the parent(s)/caretaker(s)'s statements on the initial application. Presumptive eligibility payments cannot be made on behalf of an assistance unit more than once every 12 months.

(sss) "Provider" is any person who is approved to provide child care services under these rules and who has provided child care services for a child(ren).

(ttt) "Provisional license" is a temporary license issued by DFS which allows operation of a child care facility when issues arise surrounding compliance with licensing rules.

(uuu) "Reapplication" is the completion of an application in writing requesting assistance after being ineligible for child care assistance for more than one (1) calendar month.

(vvv) "Redetermination" is the re-verification of each factor of eligibility and a decision of eligibility and payment based on the verified information.

(www) "Registered provider" is any child care provider who has completed the Provider Registration Form and received a favorable Wyoming Central Registry check and a fingerprint based national criminal history record check. This includes child care providers who are licensed as well as those who are exempt from licensing according to Wyoming law.

(xxx) "Relative" refers to an individual who is through marriage, blood relationship, or court decree, the grandparent, great grandparent, sibling, aunt or uncle of a child receiving care.

(yyy) "Satisfactory progress" refers to:

(i) In a postsecondary educational work activity, a participant shall meet, each term or semester at least a 2.0 cumulative grade point average in her/his degree requirements.

(ii) In a training work activity, the participant shall meet quarterly a consistent standard of progress, which includes gains or proficiency levels and a reasonable time limit for completion of the training as determined by the instructor and POWER case manager or Benefit Specialist.

(zzz) "Special needs child" is a minor who is developmentally delayed or has a mental or physical incapacity which limits his/her ability to care for him/herself and would be at risk of physical harm if child care was not provided.

(aaaa) "Statewide maximum limit" is the maximum amount DFS shall pay for child care as published in the Child Care Development Fund (CCDF) State Plan.

(bbbb) "Student" is a person attending high school, high school equivalency program, employment training programs or postsecondary undergraduate program.

(cccc) "Substitute provider" is a person who meets the definition of "provider" and who fills in for the provider less than 24 hours in a month.

(dddd) "Termination" is to close a case and/or remove individual from the program.

(eeee) "Weapon" means, but is not limited to, a firearm, explosive or incendiary material, or other device, instrument, material or substance, which in the manner it is ordinarily used, or is ordinarily intended to be used, is reasonably capable of producing death or serious bodily injury.

Notes

015-1 Wyo. Code R. §§ 1-4

Amended, Eff. 3/24/2020.