| (a) Except for a child experiencing homelessness, as
described in §809.52 of this chapter, and for child care during
job search, as described in §809.56 of this chapter, if the child
met all of the applicable eligibility requirements for child care
services in this subchapter on the date of the most recent eligibility
determination or redetermination, the child shall be considered to
be eligible and will receive services during the 12-month eligibility
period described in §809.42 of this chapter, regardless of any:
(1) change in family income, if that family income
does not exceed 85 percent of SMI for a family of the same size; or
(2) temporary change in the ongoing status of the child's
parent as working or attending a job training or education program.
A temporary change shall include, at a minimum, any:
(A) time-limited absence from work for an employed
parent for periods of family leave (including parental leave) or sick
leave;
(B) interruption in work for a seasonal worker who
is not working between regular industry work seasons;
(C) student holiday or breaks within a semester, between
the fall and spring semesters, or between the spring and fall semesters,
for a parent participating in training or education;
(D) reduction in work, training, or education hours,
as long as the parent is still working or attending a training or
education program;
(E) other cessation of work or attendance in a training
or education program that does not exceed three months;
(F) change in age, including turning 13 years old or
a child with disabilities turning 19 years old during the eligibility
period; and
(G) change in residency within the state.
(b) During the period of time between eligibility redeterminations,
a Board shall discontinue child care services due to a parent's loss
of work or cessation of attendance at a job training or educational
program that does not constitute a temporary change in accordance
with subsection (a)(2) of this section. However, Boards must ensure
that care continues at the same level for a period of not less than
three months after such loss of work or cessation of attendance at
a job training or educational program.
(c) If a parent resumes work or attendance at a job
training or education program at any level and at any time during
the period described in subsection (b) of this section, then the Board
shall ensure that:
(1) care will continue to the end of the 12-month eligibility
period at the same or greater level, depending upon any increase in
the activity hours of the parent;
(2) the parent share of cost will not be increased
during the remainder of the 12-month eligibility period, including
for parents who are exempt from the parent share of cost pursuant
to §809.19 of this chapter; and
(3) the Board's child care contractor verifies only:
(A) that the family income does not exceed 85 percent
of SMI; and
(B) the resumption of work or attendance at a job training
or education program.
(d) The Board may suspend child care services during
interruptions in the parent's work, job training, or education status
only at the concurrence of the parent.
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