ARC 5035C
HUMAN SERVICES DEPARTMENT[441]
Adopted and Filed
Rule making related to eligibility guidelines
The Human Services Department hereby amends Chapter 170, “Child Care Services,” Iowa Administrative Code.
Legal Authority for Rule Making
This rule making is adopted under the authority provided in Iowa Code section 234.6.
State or Federal Law Implemented
This rule making implements, in whole or in part, Iowa Code section 234.6.
Purpose and Summary
These amendments update the eligibility guidelines for the Child Care Assistance (CCA) Plus program. The 12-month limit on eligibility is being removed, and the income guidelines are being revised. The definition of “infant and toddler” in the payment rate tables is being revised to include children up to three years old, and the definition of “preschool” is being revised accordingly. This is a time-sensitive matter since the Department is under a federal corrective action plan by the Office of Child Care Assistance and rules need to be in place by July 1, 2020, so that the Department does not incur a fiscal penalty for failure to remove the 12-month limit on eligibility.
Public Comment and Changes to Rule Making
Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on February 26, 2020, as ARC 4937C. No public comments were received. No changes from the Notice have been made.
Adoption of Rule Making
This rule making was adopted by the Council on Human Services on April 8, 2020.
Fiscal Impact
The current CCA Plus program is based on an income limit of 85 percent of the state median income limit and is limited to 12 months. The time limit is in conflict with federal regulations. Effective July 1, 2020, the time limit will be eliminated and the eligibility criteria will be reduced to 225 percent of the federal poverty level. Caseloads are projected to temporarily decrease slightly in SFY 2021 as the cases transition to the new eligibility criteria. The change recommended by the Governor to the “infant and toddler” definition is also incorporated in this estimate. $354 is the projected average monthly cost per case for the CCA Plus program for SFY 2021 based on actual costs through December 31, 2019, including the additional cost to the CCA Plus program due to the change to the “infant and toddler” definition.
Jobs Impact
After analysis and review of this rule making, no impact on jobs has been found.
Waivers
Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 441—1.8(17A,217).
Review by Administrative Rules Review Committee
The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).
Effective Date
This rule making will become effective on July 1, 2020.
The following rule-making actions are adopted:
	Item 1. Rescind paragraph 170.2(1)“a” and adopt the following new paragraph in lieu thereof:
	a. 	Income limits.
	(1)	For initial eligibility, an applicant family’s nonexempt gross monthly income as established in paragraph 170.2(1)“c” cannot exceed the amounts in this subparagraph.
	1.	145 percent of the federal poverty level applicable to the family size for children needing basic care; or
	2.	200 percent of the federal poverty level applicable to the family size for children needing special-needs care; or
	3.	85 percent of Iowa’s median family income, if that figure is lower than the standard in numbered paragraph “1” or “2.”
	(2)	For ongoing eligibility, at the time of a family’s annual eligibility redetermination as described in subrule 170.3(5), the family’s nonexempt gross monthly income as established in paragraph 170.2(1)“c” cannot exceed the amounts in this subparagraph.
	1.	225 percent of the federal poverty level applicable to the family size for children needing basic care or special-needs care; or
	2.	85 percent of Iowa’s median family income, if that figure is lower than the standard in numbered paragraph “1.”
	Item 2. Amend paragraph 170.4(2)“a” as follows:
	a. 	Sliding fee schedule.
	(1)	The fee schedule shown in the following table is effective for eligibility determinations made on or after July 1, 2019 2020:

 	Monthly Income According to Family Size	 	 	 	Unit Fee Based on Number of Children
in Care	
Level	1	2	3	4	5	6	7	8	9	10	11	12	13+	1	2	3 or more	
A	$989 $1,011	$1,340 $1,365	$1,689 $1,720	$2,039 $2,075	$2,389 $2,429	$2,739 $2,784	$3,088 $3,139	$3,439 $3,493	$3,789 $3,848	$4,138 $4,203	$4,489 $4,557	$4,838 $4,912	$5,188 $5,267	$0.00	$0.00	$0.00	
B	$1,041 $1,064	$1,410 $1,437	$1,778 $1,810	$2,146 $2,184	$2,515 $2,557	$2,883 $2,930	$3,251 $3,304	$3,620 $3,677	$3,988 $4,050	$4,356 $4,424	$4,725 $4,797	$5,093 $5,170	$5,461 $5,544	$0.20	$0.45	$0.70	
C	$1,070 $1,094	$1,449 $1,477	$1,828 $1,861	$2,206 $2,245	$2,585 $2,629	$2,964 $3,012	$3,342 $3,397	$3,721 $3,780	$4,100 $4,163	$4,478 $4,548	$4,857 $4,931	$5,236 $5,315	$5,614 $5,699	$0.45	$0.70	$0.95	
D	$1,099 $1,124	$1,489 $1,517	$1,878 $1,911	$2,266 $2,306	$2,656 $2,700	$3,044 $3,094	$3,433 $3,489	$3,823 $3,883	$4,211 $4,277	$4,600 $4,672	$4,990 $5,066	$5,378 $5,460	$5,767 $5,854	$0.70	$0.95	$1.20	
E	$1,130 $1,155	$1,531 $1,560	$1,930 $1,965	$2,330 $2,371	$2,730 $2,776	$3,130 $3,181	$3,529 $3,587	$3,930 $3,992	$4,329 $4,397	$4,729 $4,803	$5,129 $5,207	$5,529 $5,612	$5,928 $6,018	$0.95	$1.20	$1.45	
F	$1,161 $1,187	$1,572 $1,602	$1,983 $2,018	$2,393 $2,435	$2,805 $2,851	$3,215 $3,267	$3,625 $3,684	$4,037 $4,100	$4,447 $4,516	$4,858 $4,933	$5,269 $5,349	$5,679 $5,765	$6,090 $6,182	$1.20	$1.45	$1.70	
G	$1,193 $1,220	$1,616 $1,647	$2,038 $2,075	$2,460 $2,504	$2,883 $2,931	$3,305 $3,359	$3,727 $3,788	$4,150 $4,215	$4,572 $4,643	$4,994 $5,071	$5,417 $5,499	$5,838 $5,927	$6,260 $6,355	$1.45	$1.70	$1.95	
H	$1,226 $1,253	$1,660 $1,692	$2,094 $2,131	$2,527 $2,572	$2,962 $3,011	$3,395 $3,450	$3,828 $3,891	$4,263 $4,330	$4,696 $4,769	$5,130 $5,210	$5,564 $5,649	$5,997 $6,088	$6,431 $6,529	$1.70	$1.95	$2.20	
I	$1,260 $1,288	$1,707 $1,740	$2,152 $2,191	$2,598 $2,644	$3,045 $3,095	$3,490 $3,547	$3,936 $4,000	$4,382 $4,451	$4,828 $4,903	$5,273 $5,355	$5,720 $5,807	$6,165 $6,259	$6,611 $6,711	$1.95	$2.20	$2.45	
J	$1,295 $1,323	$1,753 $1,787	$2,211 $2,251	$2,669 $2,716	$3,127 $3,180	$3,585 $3,644	$4,043 $4,109	$4,502 $4,572	$4,959 $5,036	$5,417 $5,501	$5,876 $5,965	$6,333 $6,429	$6,791 $6,894	$2.20	$2.45	$2.70	
K	$1,331 $1,360	$1,802 $1,837	$2,273 $2,314	$2,743 $2,792	$3,215 $3,269	$3,685 $3,746	$4,156 $4,224	$4,628 $4,700	$5,098 $5,177	$5,568 $5,655	$6,040 $6,132	$6,511 $6,609	$6,981 $7,087	$2.45	$2.70	$2.95	
L	$1,367 $1,397	$1,852 $1,887	$2,335 $2,377	$2,818 $2,868	$3,303 $3,358	$3,786 $3,848	$4,269 $4,339	$4,754 $4,829	$5,237 $5,318	$5,720 $5,809	$6,205 $6,299	$6,688 $6,789	$7,171 $7,280	$2.70	$2.95	$3.20	
M	$1,405 $1,436	$1,903 $1,940	$2,400 $2,443	$2,897 $2,948	$3,395 $3,452	$3,892 $3,955	$4,389 $4,460	$4,887 $4,964	$5,384 $5,467	$5,880 $5,972	$6,378 $6,476	$6,875 $6,979	$7,372 $7,484	$2.95	$3.20	$3.45	
N	$1,444 $1,475	$1,955 $1,993	$2,466 $2,510	$2,976 $3,029	$3,488 $3,546	$3,998 $4,063	$4,508 $4,582	$5,020 $5,099	$5,530 $5,616	$6,040 $6,135	$6,552 $6,652	$7,062 $7,169	$7,573 $7,688	$3.20	$3.45	$3.70	
O	$1,484 $1,517	$2,010 $2,048	$2,535 $2,580	$3,059 $3,113	$3,585 $3,645	$4,110 $4,177	$4,634 $4,710	$5,160 $5,242	$5,685 $5,773	$6,210 $6,307	$6,736 $6,838	$7,260 $7,370	$7,785 $7,903	$3.45	$3.70	$3.95	
P	$1,524 $1,558	$2,065 $2,104	$2,604 $2,650	$3,143 $3,198	$3,683 $3,744	$4,222 $4,291	$4,761 $4,838	$5,301 $5,384	$5,840 $5,931	$6,379 $6,478	$6,919 $7,025	$7,458 $7,571	$7,997 $8,118	$3.70	$3.95	$4.20	
Q	$1,567 $1,602	$2,123 $2,163	$2,677 $2,725	$3,231 $3,288	$3,786 $3,849	$4,340 $4,411	$4,894 $4,974	$5,449 $5,535	$6,003 $6,097	$6,557 $6,660	$7,113 $7,221	$7,667 $7,783	$8,221 $8,346	$3.95	$4.20	$4.45	
R	$1,610 $1,645	$2,180 $2,222	$2,749 $2,799	$3,318 $3,377	$3,889 $3,954	$4,458 $4,531	$5,027 $5,109	$5,598 $5,686	$6,167 $6,263	$6,736 $6,841	$7,307 $7,418	$7,876 $7,995	$8,445 $8,573	$4.20	$4.45	$4.70	
S	$1,655 $1,691	$2,241 $2,284	$2,826 $2,877	$3,411 $3,472	$3,998 $4,065	$4,583 $4,658	$5,168 $5,252	$5,755 $5,845	$6,340 $6,438	$6,925 $7,033	$7,511 $7,626	$8,096 $8,219	$8,681 $8,813	$4.45	$4.70	$4.95	
T	$1,700 $1,737	$2,302 $2,347	$2,903 $2,956	$3,504 $3,566	$4,107 $4,175	$4,708 $4,785	$5,309 $5,395	$5,911 $6,004	$6,512 $6,613	$7,113 $7,224	$7,716 $7,833	$8,317 $8,442	$8,918 $9,053	$4.70	$4.95	$5.20	
U	$1,748 $1,786	$2,367 $2,412	$2,985 $3,038	$3,602 $3,666	$4,222 $4,292	$4,840 $4,919	$5,457 $5,546	$6,077 $6,173	$6,695 $6,799	$7,312 $7,426	$7,932 $8,053	$8,550 $8,679	$9,167 $9,307	$4.95	$5.20	$5.45	
V	$1,795 $1,835	$2,431 $2,478	$3,066 $3,121	$3,701 $3,766	$4,337 $4,409	$4,971 $5,053	$5,606 $5,697	$6,242 $6,341	$6,877 $6,984	$7,512 $7,629	$8,148 $8,272	$8,782 $8,915	$9,417 $9,560	$5.20	$5.45	$5.70	
W	$1,845 $1,886	$2,499 $2,547	$3,152 $3,209	$3,804 $3,872	$4,458 $4,533	$5,111 $5,194	$5,763 $5,857	$6,417 $6,518	$7,069 $7,179	$7,722 $7,842	$8,376 $8,504	$9,028 $9,165	$9,681 $9,828	$5.45	$5.70	$5.95	
X	$1,896 $1,938	$2,568 $2,617	$3,238 $3,296	$3,908 $3,977	$4,580 $4,656	$5,250 $5,335	$5,920 $6,016	$6,592 $6,696	$7,262 $7,375	$7,932 $8,056	$8,604 $8,735	$9,274 $9,414	$9,944 $10,095	$5.70	$5.95	$6.20	
Y	$1,949 $1,992	$2,639 $2,690	$3,328 $3,388	$4,017 $4,088	$4,708 $4,787	$5,397 $5,485	$6,086 $6,185	$6,776 $6,883	$7,465 $7,581	$8,154 $8,282	$8,845 $8,980	$9,534 $9,678	$10,223 $10,378	$5.95	$6.20	$6.45	
Z	$2,002 $2,046	$2,711 $2,763	$3,419 $3,481	$4,127 $4,200	$4,836 $4,917	$5,544 $5,634	$6,251 $6,353	$6,961 $7,071	$7,669 $7,788	$8,376 $8,507	$9,086 $9,224	$9,794 $9,942	$10,501 $10,661	$6.20	$6.45	$6.70	
AA	$2,058 $2,103	$2,787 $2,841	$3,515 $3,578	$4,242 $4,317	$4,972 $5,055	$5,699 $5,792	$6,427 $6,531	$7,156 $7,269	$7,883 $8,006	$8,611 $8,745	$9,340 $9,483	$10,068 $10,220	$10,795 $10,959	$6.45	$6.70	$6.95	
BB	$4,000	$5,000	$6,000	$7,000	$8,000	$9,000	$9,000	$9,000	$9,000	$9,500	$10,000	$10,500	$11,500	$6.70	$6.95	$7.20	
	(2)	No change.
	Item 3. Amend subparagraph 170.4(7)“a”(2) as follows:
	(2)	Under age group, “infant and toddler” shall mean age two weeks to two three years; “preschool” shall mean two three years to school age; “school age” shall mean a child in attendance in full-day or half-day classes.
[Filed 4/15/20, effective 7/1/20]
[Published 5/6/20]
Editor’s Note: For replacement pages for IAC, see IAC Supplement 5/6/20.