46-805. Child care assistance; rates


A. The department shall establish payment rates for child care assistance. Payment
rates shall provide for equal access for eligible families to comparable child care
services provided to families who are not eligible to receive child care assistance.


B. Beginning on July 1, 1998, payment rates shall be identical in form for all
child care assistance.


C. The department may pay different levels of child care assistance according to
the category of child care provider, age of children, geographic area, level of national
accreditation, varying child care costs for children with special needs or other
circumstances to meet the child care needs of eligible families.


D. The department shall establish a sliding fee scale and formula for determining
child care assistance based on:


1. Income and earnings of the family.


2. Family size.


3. Number of children receiving child care assistance.


4. Child support to other minor dependent children of the parent living outside the
family unit.


5. Income and earnings of a family member who is at least eighteen years of age and
who is residing in the home with a parent who is receiving child care assistance, if the
family member claims any member of a family unit applying for assistance as a dependent
on a federal or state income tax return.


6. Income and earnings of a nonfamily member who is at least eighteen years of age
and who is residing in the home of and cohabiting with a parent who is receiving child
care assistance if the cohabiting nonfamily member claims any member of a family unit
applying for assistance as a dependent on a federal or state income tax return.


7. Other factors of a similar nature.


E. All child care providers shall remain in good standing with licensing and
certification laws and adopted rules.