Rule-making#: / 15-11-18-1
Office/Division or Program: Office of Early Childhood/ Division of Early Care and Learning / Rule Author: Tamara Schmidt / Phone: 303-866-4556
E-Mail:
STATEMENT OF BASIS AND PURPOSE
Summary of the basis and purpose for the rule or rule change. (State what the rule says or does, explain why the rule or rule change is necessary and what the program hopes to accomplish through this rule. How do these rule changes align with the outcomes that we are trying to achieve, such as those measured in C-Stat?)
The purpose of this rule change is to provide an accurate update of the State Median Income and the Federal Poverty Guidelines for use by counties in the administration of the Colorado Child Care Assistance Program (CCCAP). The most recent Federal Poverty Guidelines were adopted into rule effective October 1, 2015; however, these guidelines were inaccurate due to a rounding error and are being revised with the accurate figures.
Counties use these figures to determine income eligibility for the Child Care Assistance Program applicants and ongoing participants. These figures also help determine that parental fee amount.
An emergency rule-making (which waives the initial Administrative Procedure Act noticing requirements) is necessary:
X / to comply with state/federal law and/orX / to preserve public health, safety and welfare
Explain: The 2015 Annual Federal Poverty Guidelines figures posted in rule were off by $1 for most family sizes due to a rounding error. These figures are used by counties in the administration of the Colorado Child Care Assistance Program (CCCAP). This must be adhered to by the counties in determining a family’s eligibility for CCCAP benefits. Although this eligibility is automated though the Child Care Automated Tracking System (CHATS) and the figures are correct in CHATS, counties are technically out of compliance with rule, which does not reflect the correct FPG. Therefore, immediate adoption of this rule change is necessary for the public’s health, safety and welfare.
Authority for Rule:
State Board Authority: 26-1-107, C.R.S. (2015) - State Board to promulgate rules; 26-1-109, C.R.S. (2015) - state department rules to coordinate with federal programs; 26-1-111, C.R.S. (2015) - state department to promulgate rules for public assistance and welfare activities.
Initial Review / 12/04/2015 / Final Adoption / 01/08/2016Proposed Effective Date / 12/04/2015 / EMERGENCY Adoption / 12/04/2015
DOCUMENT 2
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[Note: “Strikethrough” indicates deletion from existing rules and “all caps” indicates addition of new rules.]
STATEMENT OF BASIS AND PURPOSE (continued)
Program Authority: (give federal and/or state citations and a summary of the language authorizing the rule-making)
26-2-805(1), C.R.S (2015) – Subject to available appropriations and pursuant to rules promulgated by the state board for the implementation of this part 8, a county shall provide child care assistance to a participant or any person or family whose income is not more than one hundred sixty-five percent of the federal poverty level.
Yes / X / NoYes / X / No
Does the rule incorporate material by reference?
Does this rule repeat language found in statute?
If yes, please explain.
The program has sent this proposed rule-making package to which stakeholders?
All County Department of Human Services were notified there was an error in the FPG Figures adopted effective October 1, 2015, but that Child Care Automated Tracking System (CHATS) was using the correct figures in determining eligibility for families.
Attachments:
Regulatory Analysis
Overview of Proposed Rule
Stakeholder Comment Summary
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Title of Proposed Rule: / Colorado Child Care Assistance Program Federal Poverty Guidelines CorrectionRule-making#: / 15-11-18-1
Office/Division or Program: Office of Early Childhood/ Division of Early Care and Learning / Rule Author: Tamara Schmidt / Phone: 303-866-4556
REGULATORY ANALYSIS
(complete each question; answers may take more than the space provided)
1. List of groups impacted by this rule:
Which groups of persons will benefit, bear the burdens or be adversely impacted by this rule?
It is correcting a rounding error and is not negatively impacting the eligibility of any family. The Child Care Automated Tracking System (CHATS) is determining eligibility of families using the correct numbers.
2. Describe the qualitative and quantitative impact:
How will this rule-making impact those groups listed above? How many people will be impacted? What are the short-term and long-term consequences of this rule?
This change does not impact any individual families because the CHATS system has been programmed to assess eligibility based on correct Federal Poverty levels.
3. Fiscal Impact:
For each of the categories listed below explain the distribution of dollars; please identify the costs, revenues, matches or any changes in the distribution of funds even if such change has a total zero effect for any entity that falls within the category. If this rule-making requires one of the categories listed below to devote resources without receiving additional funding, please explain why the rule-making is required and what consultation has occurred with those who will need to devote resources.
State Fiscal Impact (Identify all state agencies with a fiscal impact, including any Colorado Benefits Management System (CBMS) change request costs required to implement this rule change)
None
County Fiscal Impact
None
Federal Fiscal Impact
None
Other Fiscal Impact (such as providers, local governments, etc.)
None
4. Data Description:
List and explain any data, such as studies, federal announcements, or questionnaires, which were relied upon when developing this rule?
Federal Register (/ Vol. 80, No. 14 / Thursday, January 22, 2015 / Notices) Page 3237
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Title of Proposed Rule: / Colorado Child Care Assistance Program Federal Poverty Guidelines CorrectionRule-making#: / 15-11-18-1
Office/Division or Program: Office of Early Childhood/ Early Care and Learning / Rule Author: Tamara Schmidt / Phone: 303-866-4556
REGULATORY ANALYSIS (continued)
5. Alternatives to this Rule-making:
Describe any alternatives that were seriously considered. Are there any less costly or less intrusive ways to accomplish the purpose(s) of this rule? Explain why the program chose this rule-making rather than taking no action or using another alternative.
Our Audit Division advised that it would be most prudent to have the rule changed to correctly reflect the accurate Federal Poverty Guidelines so that Counties and the Department would not be found out of compliance with CCCAP rule.
In order to correct the FPG figures to match CHATS, current rule must be revised. The Department will consider alternate methods of distributing proposed Federal Poverty Guidelines and State Median Income in assessing parental fees in the future.
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Title of Proposed Rule: / Colorado Child Care Assistance Program Federal Poverty Guidelines CorrectionRule-making#: / 15-11-18-1
Office/Division or Program: Office of Early Childhood/ Early Care and Learning / Rule Author: Tamara Schmidt / Phone: 303-866-4556
OVERVIEW OF PROPOSED RULE
Compare and/or contrast the content of the current regulation and the proposed change.
Section Numbers / Current Regulation / Proposed Change /Stakeholder Comment
3.905, B, 12 / Using the Federal Poverty Guidelines and State Median Income to assess parental fees / Revise dollar amounts / __ / Yes / X / No5
Title of Proposed Rule: / Colorado Child Care Assistance Program Federal Poverty Guidelines CorrectionRule-making#: / 15-11-18-1
Office/Division or Program: Office of Early Childhood/ Early Care and Learning / Rule Author: Tamara Schmidt / Phone: 303-866-4556
STAKEHOLDER COMMENT SUMMARY
DEVELOPMENT
The following individuals and/or entities were included in the development of these proposed rules (such as other Program Areas, Legislative Liaison, and Sub-PAC):
All County Departments of Human Services were notified there was an error in the FPG Figures adopted effective October 1, 2015, but that Child Care Automated Tracking System (CHATS) was using the correct figures in determining eligibility for families.
THIS RULE-MAKING PACKAGE
The following individuals and/or entities were contacted and informed that this rule-making was proposed for consideration by the State Board of Human Services:
All County Departments of Human Services
Are other State Agencies (such as Colorado Department of Health Care Policy and Financing) impacted by these rules? If so, have they been contacted and provided input on the proposed rules?
Yes / X / NoHave these rules been reviewed by the appropriate Sub-PAC Committee?
Yes / X / NoDate presented ______. Were there any issues raised? ____ Yes ____ No
If not, why: The Division realized there was an inaccuracy before a Sub-PAC meeting was scheduled and sent a letter out to all County Departments of Human Services instead.
Comments were received from stakeholders on the proposed rules:
Yes / X / NoIf “yes” to any of the above questions, summarize and/or attach the feedback received, including requests made by the State Board of Human Services, by specifying the section and including the Department/Office/Division response. Provide proof of agreement or ongoing issues with a letter or public testimony by the stakeholder.
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(9 CCR 2503-9)
Family Size / 100% Federal Poverty Guideline (FPG) 2015 / 165% Federal Poverty Guideline (FPG) 2015 (State Minimum Income Limit) / 85% State Median Income (SMI) FFY 2016 (State and Federal Maximum Income Limit)2 / $1,328 / $2,191 $2,190 / $4,139
3 / $1,674 / $2,762 / $5,112
4 / $2,021 / $3,335 $3,334 / $6,086
5 / $2,368 / $3,907 $3,906 / $7,059
6 / $2,714 / $4,478 / $8,033
7 / $3,061 / $5,051 $5,050 / $8,215
8 / $3,408 / $5,623 $5,622 / $8,398
9 / $3,754 / $6,194 / $8,581
Each Additional person / $ 346 $347 / $ 571 $572 / See Below*
3.905 ARRANGEMENT FOR CHILD CARE SERVICES [Rev. eff. 10/1/15]
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B. Parental Fees
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12. Current Monthly Federal Poverty Guidelines and State Median Income for State Fiscal Year 2016 is as follows:
*To adjust for different sizes of households, multiply the state’s estimated median income for a four-person family by the following percentages.
● Sixty-eight percent (68%) for a two-person household;
● Eighty-four percent (84%) for a three-person household;
● One hundred percent (100%) for a four-person household;
● One hundred sixteen percent (116%) for a five-person household; and,
● One hundred thirty two percent (132%) for a six-person household.
● For each additional household member above six people, add three (3) percentage points.
13. When all children in a family are in part-time care, the parental fee shall be assessed at fifty-five percent (55%) of the above-calculated fee. Part-time care is defined as an average of less than thirteen (13) full-time equivalent units of care per month.
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Rule-making Form SBA-4 (6/02)