Compliance
Indicator

Families with children enrolled in full-day services have met the need requirements if applicable.

Certified hours of child care must correspond to the need of the parent/caretaker, as documented by the contractor at the initial certification & recertification or at the voluntary request of the family to increase or decrease the hours of need for service or hours must be within the parameters as otherwise provided by law. 

Regulations/Reference

EED Program Instrument: I. Family Files EED 03
Education Code: 8235, 8239, 8250, 8263, 8263.1
Title 5: 17700, 17751, 17753, 17757, 17758, 17762 – 17774

Monitoring Review Evidence

• Application for Services

• Documentation & Verification of Need for Service

• Written Materials for Parents

When to Determine Need

For full-day State Preschool programs need for services is determined at the time of certification, recertification or upon parent request. Once a family establishes eligibility & need, they will remain eligible & receive services for not less than 24 months. Note that if eligibility period ends before the end of a program year, extend until the kindergarten start date, as long as child is age-eligible.

No Need Requirement for Specific Scenarios

There are a few scenarios where a parent is not required to have a need for services which includes:

• Parents of children enrolled in a Part-Day State Preschool Program

• A child enrolled in a Full-Day State Preschool Program within the 5th (eligible, but no need), 6th (neighborhood school boundary) priorities.

For Everyone Else Seeking Full-Day Services

Beyond the above exceptions, ALL parent’s or caretakers counted in the family size must meet at least 1 of the need criteria’s that include:

• Children whose eligibility is CPS or At Risk Children

• Employment

• Seeking employment

• Vocational training

• Engaged in an educational program

• Seeking permanent housing

• Homelessness

• Incapacitation

Right to Voluntarily Report Changes

A family may at any time voluntarily request a change to their service level. Before a contractor may make any changes, the parent must submit a written request that includes:

• The days & hours per day

• Effective date of the proposed change

• Acknowledgement in writing that parent understands they may retain their current service level

• Documentation to support the change

Contractor must issue a Notice of Action within 10 business days approving or denying the request to change service.

NOTES:

Information received may NOT be used to make any other changes to the service agreement.

If a parent requests to decrease their days and/or hours of services, future requests to increase their certified schedule will require the submission of additional documentation.

What this might look like in a program:

Documentation of Need

Employment

Child care services may be used while a parent works. The Contractor must verify parent’s employment, including days/hours parent plans to work. 

1. Employed parent MUST provide a written authorization to release employment information.

   • Release CAN NOT be generic. It must include specific employer’s name, address, telephone number & usual business hours

   • Authorization to release information is typically included on an agency’s Employment Verification form

2. Once parent has provided a release for authorization, move forward with the verifying days/hours worked, which can be done in various ways.

• Paycheck stub with days & hours

• Paycheck stub with total hours per pay period

• Telephone the employer & maintain a record

• Written statement from employer

• Employment Verification Form

• Compare hours on employment documentation with check stubs

SLEEP TIME

Sleep Time may be requested for parents who work between the hours of 10pm – 6am.

The allowed sleep time can be equal to the authorized work & travel time between 10pm – 6am.

For example, if a parent worked from 10pm – 6am, you could certify care for eight hours during the day so that the parent may sleep.

Sleep time is not automatic & must be requested in writing from the parent. For example, this might be documented on the Additional Need for Services Request form.

Scenarios:

SELF-EMPLOYMENT

If the parent is self-employed, the family data file must contain a declaration of need, such as a Declaration of Self-Employment, that includes a description of employment & an estimate of days/hours worked per week along with support documentation such as:

Contractor is responsible to assess the reasonableness of the days & hours based on a description of self-employment & documentation

WORKS FROM HOME

If a parent works from home, the employment must preclude the supervision of the family’s child & the parent must provide ALL the following justification, indicating:

1. Type of work

2. Work requirements

3. Why employment at their home address precludes them from caring for their children

NOTE: Specific child care needs must be included, in the event that care is requested for school age children

EMPLOYED AT LICENSED CHILD CARE HOME

For employment work in a licensed child care home where a parent is an assistant at a large licensed family day care home, the parent must provide ALL the following:

1. “Large” family day care license

2. Signed owner statement that parent is an assistant

3. Proof that parent’s fingerprints are associated with licensed home 

4. Paystub or other proof of payroll deductions by the licensee

TRAVEL TIME

Travel time ONLY applies to parents who are working or in school. Once you have determined the employment or school need hours, you will need to authorize the appropriate travel time.

To figure out the maximum drive time you can authorize:

• Divide the work or school hours per day by 2

• Travel time can not be more than 4 hours per day (2 hours each way) & not more then the time from the child’s care site to work or school & back

A good rule of thumb is to standardly allow 30 minutes before & 30 minutes (or agency standard) after for travel. Anything beyond that should be documented clearly in the file as best practice.

What this might look like in a program:

Within the Additional Travel Time Request form, the parent can specify the method of transportation & explanation why they need more than 30 minutes each way. It also provides a place for staff to approve & attest to the reasonableness of the request. 

Seeking Employment

Child care services for the purpose of seeking employment may occur on no more than 5 days per week & for less than 30 hours per week.

Documentation of seeking employment shall include a written parental declaration signed under penalty of perjury stating that the parent is seeking employment.

The declaration shall include the parent’s general plan to secure, change, or increase employment.

What this might look like in a program:

Parent submits the Request & Plan to Seek Employment form, which provides a place for parents to request to actively seek employment including the days & hours of care needed along with description of their plan to secure, change or increase employment.

Vocational Training

Services can be provided while parents are engaged in a vocational training program. Documentation required at certification & recertification must include:

• Parent/Guardian permission to verify training information

• Training institution information

• If applicable, parent request for study time

• If recertification, documentation showing progress

• Class Schedule

  • Electronic print-out of the class schedule OR

  • Document that includes parent’s current classes AND signature or stamp from training registrar

  • For on-line or televised instructional classes parent must also provide copy of syllabus or other class documentation & web address for online program

NOTE: Training Verification form supports documentation requirement

Training limitations are only reviewed at the time of certification. Parent’s service level will be the same until it’s time to recertify, or if parent voluntarily requests a change in their service level.

Within this need criteria, services are limited to:

• 6 years from the date the parent starts classes OR

• Until parent reaches 24 units after attainment of a bachelors degree

Service limitations are not applicable to parent’s who are:

• Receiving services from a program operating on a higher educational institution (See Educational Program)

• Participating in rehabilitation services through the California Department of Rehabilitation

• Attending retraining services through the California Employment Department or its contractors due to business closure or mass layoff

In-person classes: Hours are based on actual schedule

On-line or televised instructional classes: Count class time as 1 hour a week for each unit that is unit bearing from an accredited institution (Verify at: ed.gov/accreditation)

Study time: Not automatic & must be requested in writing

• Maximum of 2 hours per week per academic unit

• Study time for non-unit bearing courses may not exceed the number of class hours per week

• On a case-by-case basis an additional 1 hour per academic unit if the parent provides a declaration signed under penalty of perjury showing that there is an additional study time need for a specific class or if the parent is in tutoring

Travel time: Time to & from location where services are provided & training location. Time can not exceed half of the weekly authorized training hours to a maximum of 4 hours per day

Adequate progress is defined as:

• Graded program: Earn a 2.0 grade point average for the last enrolled quarter, semester, or academic enrollment period

• Non-graded program: Pass the program’s requirements in at least 50% of the classes or meet the training institution’s standard for making adequate progress

If parent is NOT making adequate progress:

• First time: Recertify the family

• Second time: Disenroll parent for training days & hours. Parent must have a different need for services in order to continue receiving child care services. After a 6 month break, parent can receive services for training again

Engaged in Educational Program

Services can be provided while a parent is engaged in an educational program. Required documentation follows the same guidelines as the Vocational Training need, with the exception of the type of Educational Program parent is engaged in. Programs include:

• Educational Program for English Language Learners (ELL/ESL)

• Program to attain a high school diploma

• Program to attain a General Educational Development certificate (GED), which is now referred to in law as a High School Equivalency certificate (HSE)

NOTE: Educational Program Verification form supports documentation requirement.

Adequate progress follows the same guidelines as Vocational Training need

Based on the number of days & hours supported by the written documentation

Contractors shall include a reasonable number of additional hours for travel & study time, which follow the same guidelines as the Vocational Training need

Seeking Permanent Housing

Services can be provided if a family needs time to seek permanent housing for family stability. 

Parent may request a consistent or variable schedule with services for no more than 5 days per week & for less than 30 hours per week.

Documentation must include:

• Written parental declaration signed under penalty of perjury stating that the parent is seeking permanent housing

• General plan to secure a fixed, regular & adequate residence

What this might look like in a program:

Parent submits the Request & Plan to Seek Permanent Housing form, which provides a place to describe their current living situation, when services will be necessary & general plan to secure a fixed, regular & adequate residence. 

Homelessness

Services can be provided if a family is experiencing homelessness.

Services may be approved for no more than 5 days per week & less than 30 hours per week.

Documentation:

• Must include a Referral Letter from a legal, medical or social services agency, a local educational agency liaison for children & youth experiencing homelessness, a Head Start program or a transitional or emergency shelter

• A parental declaration may NOT be used to determine “need” for child care & development services

• If family requires time to obtain homelessness Referral Letter, the contractor can provide child care for the first 30 days while the family obtains the required documentation

What this might look like in a program:

Agency uses a sample Homeless Referral Letter to assist with collecting necessary documentation needed to certify the family for services

Incapacitation

Services can be provided for an incapacitated parent. Parental incapacitation includes the temporary or permanent inability of the child’s parent to provide care & supervision of their children for any part of the day due to a physical &/or mental health condition.

Service level is based on the health professional’s recommendation, not to exceed 50 hours per week. In addition, contractors must assess time recommended with availability of another parent or time child is in school.

What this might look like in a program:

Statement of Parental Incapacity form is completed as follows:

• Parent completes Release of Information.

• Requesting agency completes agency information

• Licensed health professional completes Statement & Verification, which must indicate the following:

• Physical &/or mental health condition.

• Time & days of the week the parent is unable to care for their child

• Health professional’s name, business address, phone number, professional license type & number, signature & if applicable, medical group they’re affiliated with

• Once form is returned, contractor reviews form for completion & assess recommended schedule

No Established Need for Services

In the event that a child is enrolled in a full-day State Preschool program within the 5th or 6th priorities, the parent must submit a written request for days/hours of services.

Service level is based upon the parent’s request & is limited to no more than 10 hours per day & no more than five days per week.

Families that request services for more than 10 hours per day must provide documentation to support the established need for additional services.

What this might look like in a program:

Parent completes the No Established Need: Parent Request form, which provides a place to indicate the days & hours that services are needed.

Determining a Child’s
Certified Schedule

As covered earlier, once a family establishes eligibility & need, they will remain eligible & receive services for not less than 24 months. With that said, it’s very important to ensure you “get it right from the get-go” when it comes to determining a child’s certified schedule, or you could find yourself living with a file error for a full 24 months.

• Did each adult counted in the family size submit documentation of need?

• Are forms entirely completed?

• Is further verification needed?

• If applicable, is additional support documentation present?

• Parent(s) need precludes the provision of care & supervision of their child for part of the day

• No parent in family is available or capable of providing care during time care is requested

• 2 parent family – Care is approved when neither parent is available to care for the child

• Supervision of the child is not otherwise being provided during scheduled time by a school-age public educational program, private school or early learning & care services

• Based on need documentation determine if the parent has a Consistent or Variable Schedule

• Add travel time to need for parent(s) in school or employed

• Based on need type, are there any maximum days and/or hours

• For 2 parent family, care is approved when neither parent is available to care for the child (overlapping need time)

CONSISTENT SCHEDULE

Based on the verified days & hours, or total number of hours parent consistently or expects to work each week

• Set days/hours

• Schedule with a pattern

• Days vary, but same number of hours each week

VARIABLE SCHEDULE

For schedules that are inconsistent and/or unstable days & hours

Determine based on the highest number of actual hours worked within any given week within the two-month window preceding certification

Input certified schedule on the Application for Services AND Notice of Action

• School (S) line indicates the amount of care needed on school days

• Vacation (V) line indicates the amount of time needed during vacations/non-school days

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