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§ 18408. Eligibility Duration.

5 CA ADC § 18408Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 5. Education
Division 1. California Department of Education
Chapter 19.5. CalWORKs and Early Learning and Care Programs
Subchapter 2. CalWORKs Stage 2 Child Care Program
Article 2. Requirements and Procedures for Receiving CalWORKs Stage 2 Services
5 CCR § 18408
§ 18408. Eligibility Duration.
(a) Families receiving CalWORKs cash aid are categorically eligible pursuant to Education Code section 8350.5 to receive CalWORKs Stage 2 child care as long as the family continues to meet the need criterion pursuant to Education Code section 8263(a)(1)(B) and these regulations.
(b) A contractor's policies regarding family eligibility, except as provided in section 18411(d), shall not supersede the categorical eligibility of a family receiving CalWORKs cash aid.
(c) When such a categorically eligible family would otherwise have their child care terminated due to the family's violation of a contractor's policy:
(1) The contractor shall notify the county welfare department of the actions of the family that violated the policy in order to determine what action(s) may be taken.
(2) The contractor may take additional steps to remedy the situation that include but are not limited to:
(A) Developing a jointly agreed upon plan with the county welfare department for specific services to be provided to the family by the county welfare department.
(B) Jointly determining with the county welfare department whether the family would better be served in CalWORKs Stage 1.
(d) A former CalWORKs cash aid recipient meeting the requirements of sections 18406 and 18407 is eligible to receive child care services in Stage 1 and Stage 2 for 24 months after the adult is no longer receiving CalWORKs cash aid. The 24-month time limit begins the first day of the month immediately following the month the adult is no longer receiving CalWORKs cash aid.
(e) A family receiving diversion services meeting the requirements of sections 18406 and 18407 is eligible to receive child care services in Stage 2 for 24 months. The 24-month time limit begins the first day of the month that the family is determined eligible for diversion services.
(f) When a former CalWORKs cash aid recipient again becomes eligible for and receives CalWORKs cash aid, and then is terminated from CalWORKs cash aid, the family is eligible for another 24 months of Stage 1 or Stage 2 child care, or a combination of the two. The 24-month period begins on the first day of the month immediately following the month the adult is no longer receiving CalWORKs cash aid.
(g) When a former CalWORKs cash aid recipient or a diversion family times out, the family is to be transferred to CalWORKs Stage 3 effective the first day of the following month. If there are no funds available in a CalWORKs Stage 3 program or another subsidized child care program, the contractor shall disenroll the child pursuant to section 18419.

Credits

Note: Authority cited: Section 8263, Education Code. Reference: Sections 8350.5, 8351, 8353 and 8358.5, Education Code.
History
1. New section filed 6-28-2001 as an emergency; operative 6-28-2001 (Register 2001, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-26-2001 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-26-2001 as an emergency; operative 10-26-2001 (Register 2001, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-25-2002 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-26-2001 order, including amendment of section, transmitted to OAL 1-28-2002 and filed 3-12-2002 (Register 2002, No. 11).
4. Amendment filed 5-21-2021; operative 7-1-2021 (Register 2021, No. 21).
This database is current through 5/3/24 Register 2024, No. 18.
Cal. Admin. Code tit. 5, § 18408, 5 CA ADC § 18408
End of Document