Administrative Rule Review Report  #AR09-041

Legislative Service Office

3-Aug-09

AGENCY: Department of Family Services.

DATE SUBMITTED: July 20, 2009.

SUBJECT: Chapter 1, Child Care Purchase of Service.

NATURE OF RULES:                     Legislative and procedural.

STATUTORY AUTHORITY:         W.S. 42-2-103(b)(iii), (xiv).

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.

SUMMARY OF RULES:  The Department of Family Services administers a public assistance program that supports the purchase of child care services in order to facilitate work or approved education by a low income family member.  These amendments to the Department's existing rules are intended to maximize federal block grant funding available under the American Recovery and Reinvestment Act of 2009.  The amendments:

•  Allow up to two months of job searching as an approved activity for an unemployed parent/caretaker;

•  Expand the sliding fee eligibility scale from a maximum 200% of federal poverty level to a maximum 250% of FPL;

•  Remove a requirement that benefits are available at the highest eligibility income level (200-250% FPL) only if the family had previously qualified at a lower income level, thus allowing initial eligibility up to the highest authorized income level;

•  Delete the requirement to provide a Social Security Number for eligibility.

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

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Gerald W. Laska

Staff Attorney

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Lynda G. Cook

Staff Attorney

GWL/