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Management Bulletin 11-33


Early Education and Support Division

Subject: Tribal Temporary Assistance for Needy Families and California Child Care and Development Interface

Number: 11-33

Date: November 2011

Expires: Until Rescinded

Authority: California Education Code Article 15.5, sections 8350–8359.1, and sections 8212, 8213, and 8214; Budget Act of 2011–12 (Senate Bill 87, Chapter 33)

Attention: Resource and Referral Agencies, Alternative Payment Agencies, California Child Development Fund Tribal Grantees, Executive Directors and Program Directors of All Child Care and Development Programs


Purpose

The purpose of this Management Bulletin (MB), which supersedes MB 09–20, is to:

Background

Management Bulletin 09–20, issued in September 2009, advised Early Education and Support Division (EESD) contractors that under federal regulations, the eligibility of Native American children for a tribal child care program does not affect their eligibility for other state child development programs. Children who quality for both state and federal programs are referred to as having "dual eligibility." This MB also communicated that Native American families may contact Centralized Eligibility List (CEL) administrators to be placed on the CEL as a family that needs child care services.

The Budget Act of 2011–12 (Senate Bill 87, Chapter 33) eliminated funding for the CEL. As a result, state-funded CELs no longer exist. Please see the California Department of Education’s (CDE’s) Management Bulletin Web page for further information on elimination of state funding for the CEL and the new requirements for child care and development contractors.

Therefore, this MB provides updated information regarding how families may access information and services, while reiterating the information previously transmitted in MB 09–20.

Tribal Child Care and Development Fund Grantees

Tribes in California operating through a collaborative process with other Tribal TANF programs may receive child care funding directly from the federal government through the Child Care and Development Fund (CCDF). Please see attached for a list of CCDF Tribal Grantees (DOC) in California.

Policy

Dual Eligibility

Under federal regulations, the eligibility of Native American children for a tribal child care program does not affect their eligibility for other state child development programs. Children who quality for both state and federal programs are referred to as having dual eligibility. In California, Native American families may be eligible to receive child care services through Tribal TANF, Tribal CCDF, California Work Opportunity and Responsibility to Kids (CalWORKs), or through the CDE’s child care programs. These families must meet the specific programs’ eligibility criteria and, in some cases, they must also meet the need criteria based on Title 5 regulations. Under federal regulations, a Native American family cannot access all of these funding sources at the same time for the same child. However, they are not prevented from applying for services.

Child Care and Development Services

CalWORKs child care regulations provide child care services for current and former CalWORKs recipients. Native Americans who are receiving or who have previously received CalWORKs cash assistance or CalWORKs diversion services are eligible to receive child care services for up to 24 months from the time they leave CalWORKs cash aid in either CalWORKs Stage 1 or 2 child care. In addition, former CalWORKs recipients who have exhausted their 24 months of child care in Stage 2 are transferred into CalWORKs Stage 3 child care, if eligible.

When a Tribal TANF or CCDF Tribal program is established, and the program offers child care services, Native American families receiving child care services through CalWORKs may choose to continue to do so, or they can transfer to the Tribe’s child care program. Native American families who have never received CalWORKs cash assistance or CalWORKs diversion services are not eligible for CalWORKs child care. They may receive child care services either through the Tribal TANF, or CCDF Tribal program, if offered, or they may apply for an EESD state-subsidized child care program.

Accessing Information and Services

Native American families seeking subsidized child care and development services may contact EESD contractors directly to request information about their programs and to be placed on their agency’s waiting list. A contractor list by county that includes contact information is available on the EESD Resource Page. Families may contact a Resource and Referral agency to request information on how to find child care programs in their desired service areas.

Questions regarding the information in this MB should be addressed to your assigned EESD Field Services Consultant or by phone at 916-322-6233.

This Management Bulletin is mandatory only to the extent that it cites a specific statutory and/or regulatory requirement. Any portion of this Management Bulletin that is not supported by a specific statutory and/or regulatory requirement is not prescriptive pursuant to California Education Code, Section 33308.5.

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Questions:   Early Education and Support Division | 916-322-6233
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