Cal. Code Regs. tit. 5 § 18400

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 18400 - Definitions

As used in this Chapter:

(a) "CalWORKs cash aid recipient" means a minor teen parent or adult who receives cash aid from the county welfare department for the CalWORKs or Cal-Learn program.

(b) "Child care provider" means an adult or agency that provides child care services.

(c) "Contractor" means a public or private non-profit agency that has a contract with the California Department of Education for the provision of CalWORKs Stage 2 and/or Stage 3 child care services.

(d) "Diversion services" means one-time assistance services provided by the county welfare department, either in cash or in non-cash services, to an otherwise CalWORKs eligible family, when the county welfare department determines that such assistance will help the family avoid becoming a CalWORKs cash aid recipient.

(e) "Family size" means the number of adults and children related by blood, marriage, or adoption that comprise the household in which the child is living.

(1) When an adult living in the household is neither the parent of the child nor the spouse of the parent, the adult and the adult's children if any, shall be excluded from the calculation of family size.

(2) When a child is living with adult(s) other than a natural or adoptive parent, the child shall be considered a family of one. In these cases, a need criterion as specified in Section 18406(b) or (c) or 18421(b) or (c) must be met by the caretaker of the child.

(f) "Former CalWORKs cash aid recipient" means an adult or minor teen parent who has previously received and is no longer receiving cash aid in the CalWORKs or Cal-Learn program because of, but not limited to, earnings, other income, or a sanction of the adult imposed by the county welfare department.

(g) "Incapacity" means the incapacity of a parent that significantly limits the parent's ability to provide normal care for the child because of a substantiated medical or psychiatric special need that is verified by a legally qualified professional.

(h) "Legally qualified professional" means a person who is licensed under the applicable laws and regulations of the State of California to perform medical, health, or social services for the general public.

(i) "Licensed provider" means an individual or organization that has obtained a child care license, as specified in Title 22, California Code of Regulations, Section 101156.

(j) "Maximum payment rate" means the maximum payment that may be paid to a provider and that is no more than the lower of the provider's rate for unsubsidized children or 1.5 standard deviations above the mean cost of care for the region where the care is provided.

(k) "Notice of action, application for services" means a written statement of specific information issued by the contractor that informs the applicant of the contractor's decision to approve or deny child care services.

(l) "Notice of action, recipient of services" means a written statement of specific information issued by the contractor informing the family receiving child care services that a change has been made to their service agreement. These changes may include, but are not limited to, need and eligibility requirements that are no longer being met, fees that have not been paid, or the proposed modification of the fee or amount of services provided by the contractor.

(m) "Recertification" means a formal process to collect information and documentation to determine that the family continues to meet the eligibility criteria for CalWORKs child care. The adult must certify the information as accurate with a signature.

(n) "Stage 1" means the first stage of CalWORKs child care services. Stage 1 child care services are administered by the California Department of Social Services through county welfare departments pursuant to Education Code section 8351. Stage 1 child care begins when authorized by the county welfare department.

(o) "Stage 2" means the second stage of CalWORKs child care services. Stage 2 child care services are administered by the California Department of Education through contracts with alternative payment program providers pursuant to Education Code section 8353. Stage 2 child care begins when the county welfare department determines that a CalWORKs family is stable and transfers the family to a Stage 2 child care contractor for child care services, or a family applies and is found eligible for Stage 2 services.

(p) "Stage 3" means the third stage of CalWORKs child care services. Stage 3 child care services are administered by the California Department of Education through contracts with alternative payment program providers pursuant to Education Code section 8354. Stage 3 child care begins when a CalWORKs family receiving Stage 1 or Stage 2 child care services has fully utilized the family's 24 months of eligibility to Stage 1 and Stage 2 child care services following the date the adult stopped receiving cash assistance.

(q) "State median income" means the most recent median income for California families as determined by the California Department of Finance.

(r) "Time out" means that a family receiving CalWORKs Stage 1 or Stage 2 child care services becomes ineligible for Stage 1 or Stage 2 because the adult has been off cash aid for 24 months.

(s) "Welfare-to-work activity" means a county welfare department approved activity, including but not limited to, employment, job search, job training, educational training, or participating as a volunteer in a job-related activity.

Cal. Code Regs. Tit. 5, § 18400

1. New chapter 19.5 (subchapters 1-3), subchapter 1 (article 1), article 1 (section 18400) and 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 chapter 19.5 (subchapters 1-3), subchapter 1 (article 1), article 1 (section 18400) and 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 subsections (a) and (n), transmitted to OAL 1-28-2002 and filed 3-12-2002 (Register 2002, No. 11).
4. Governor Newsom issued Executive Order N-45-20 (2019 CA EO 45-20), dated April 4, 2020, which suspended certain provisions of Chapter 19 and 19.5 of Division 1 of Title 5, California Code of Regulations that could restrict child care for the children of essential critical infrastructure workers, due to the COVID-19 pandemic.
5. Governor Newsom issued Executive Order N-66-20 (2019 CA EO 66-20), dated May 29, 2020, which suspended certain provisions of Chapter 19 and 19.5 of Division 1 of Title 5, California Code of Regulations that could restrict child care for the children of essential critical infrastructure workers, due to the COVID-19 pandemic.
6. Amendment of subchapter heading filed 5-21-2021; operative 7-1-2021 (Register 2021, No. 21).

Note: Authority cited: Sections 8203, 8261, 8263 and 8269, Education Code. Reference: Section 8359.1, Education Code.