Title of Proposed Rule: / Colorado Child Care Assistance Program (CCCAP) Federal Poverty Guideline and State Median Income Updates
Rule-making#: / 15-4-23-1
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 annual 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) by repealing the former guidelines and replacing them with the new ones. 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:

to comply with state/federal law and/or
to preserve public health, safety and welfare

Explain:

Authority for Rule:

State Board Authority: 26-1-107, C.R.S. (2014) - State Board to promulgate rules; 26-1-109, C.R.S. (2014) - state department rules to coordinate with federal programs; 26-1-111, C.R.S. (2014) - state department to promulgate rules for public assistance and welfare activities.

Program Authority: (give federal and/or state citations and a summary of the language authorizing the rule-making)

26-2-805(6), C.R.S. (2014) - Services – eligibility – assistance provided – waiting lists – rules (1) Subject to available appropriations and pursuant to rules promulgated by the state board, 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

Initial Review / 07/10/2015 / Final Adoption / 08/07/2015
Proposed Effective Date / 10/01/2015 / EMERGENCY Adoption / N/A

DOCUMENT 1

______

[Note: “Strikethrough” indicates deletion from existing rules and “all caps” indicates addition of new rules.]

STATEMENT OF BASIS AND PURPOSE (continued)

Yes / X / No
Yes / 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 Departments of Human Services; the Colorado Human Services Directors Association; Colorado Counties, Inc.; the 1,700 licensed child care providers serving CCCAP children; the Colorado CCCAP Collaborative; the Policy Advisory Committee (PAC) and the OEC Sub-PAC

A survey Monkey was sent to all above listed stakeholders to enable written feedback to be captured and managed efficiently. Data is still being gathered and an update will be provided.

Attachments:

Regulatory Analysis

Overview of Proposed Rule

Stakeholder Comment Summary

2

Title of Proposed Rule: / Colorado Child Care Assistance Program (CCCAP) Federal Poverty Guideline and State Median Income Updates
Rule-making#: / 15-4-23-1
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?

For the update of the federal poverty guidelines there is no impact.

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?

For the update of the federal poverty guidelines there is no impact.

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?

None

4

Title of Proposed Rule: / Colorado Child Care Assistance Program (CCCAP) Federal Poverty Guideline and State Median Income Updates
Rule-making#: / 15-4-23-1
Office/Division or Program: Office of Early Childhood/ Division of Early Care and Learning / Rule Author: Tamara Schmidt / Phone: 303-866-4556

REGULATORY ANALYSIS (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.

In order to change requirements using the Federal Poverty Guidelines, current rules must be revised during a public rule-making session every year.

4

Title of Proposed Rule: / Colorado Child Care Assistance Program (CCCAP) Federal Poverty Guideline and State Median Income Updates
Rule-making#: / 15-4-23-1
Office/Division or Program: Office of Early Childhood/ Division of 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, 10 / 2014 Federal Poverty Guidelines / Replace with 2015 Federal Poverty Guidelines and revised State Median Income (SMI) / __ / Yes / X / No

5

Title of Proposed Rule: / Colorado Child Care Assistance Program (CCCAP) Federal Poverty Guideline and State Median Income Updates
Rule-making#: / 15-4-23-1
Office/Division or Program: Office of Early Childhood/ Division of 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):

Colorado Department of Human Services, Office of Early Childhood, Division of Early Care and Learning

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; the Colorado Human Services Directors Association; Colorado Counties, Inc.; the 1,700 licensed child care providers serving CCCAP children; the Colorado CCCAP Collaborative; the Policy Advisory Committee (PAC) and the Office of Early Childhood (OEC) Sub-PAC

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 / No

Have these rules been reviewed by the appropriate Sub-PAC Committee?

Yes / X / No

Date presented ______. Were there any issues raised? ____ Yes ____ No

If not, why. This package will be presented to the OEC Sub-PAC and the PAC in July 2015

Comments were received from stakeholders on the proposed rules:

Yes / X / No

Division

If “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.

[No comments were received as the changes reflect federal changes.]

6

(9 CCR 2503-9)

Family Size / 100% Federal Poverty Guideline (FPG) 2014 2015 / 130% 165% Federal Poverty Guideline (FPG) 2014 2015 (State Minimum Income Limit) / 85% State Median Income (SMI) FFY 2015 2016 (State and Federal Maximum Income Limit)
2 / $1311 1328 / $1704 2191 / $4067 4139
3 / $1649 1674 / $2144 2762 / $5024 5112
4 / $1988 2021 / $2584 3335 / $5981 6086
5 / $2326 2368 / $3024 3907 / $6937 7059
6 / $2664 2714 / $3463 4478 / $7894 8033
7 / $3003 3061 / $3903 5051 / $8253 8215
8 / $3341 3408 / $4343 5623 / $8612 8398
9 / $3638 3754 / $4729 6194 / $8971 8581
Each Additional person / $338 346 / $440 571 / See Below*

3.905 ARRANGEMENT FOR CHILD CARE SERVICES [Rev. eff. 12/1/14]

===

B. Parental Fees

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12. Current Monthly Federal Poverty Guidelines and State Median Income for State Fiscal Year 2015 2016 is as follows:

* To calculate the State Median Income for each additional household member above nine persons, add three (3) percentage points to the percentage for a six-person family (132%) and multiply the new percentage by the state's estimated median income for a four-person family.

* 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)