Management Bulletin 13-01 FAQFrequently asked questions (FAQ) to Management Bulletin 13-01 on TrustLine Regulations.
Frequently Asked Questions
The Early Education and Support Division (EESD) recognizes that with the new regulations, providers that are not TrustLine registered should not be paid for services and that TrustLine applicants providing provisional care cannot get paid for services unless and until they become TrustLine registered, which must occur within 30 days. However, agencies have some providers that, at the time the regulations took effect on January 23, 2013, were already being paid for services but had not yet received TrustLine clearance. Do contractors now have to stop payment to these providers and then wait to see if they are cleared within the 30 calendar day period to resume payment? This may be difficult to accomplish within this short time.In this situation, given that these providers have already been receiving payment, it does not make sense to try to stop these payments midstream. However, since the new regulations and California Department of Education’s (CDE’s) Management Bulletin 13-01 make it clear that providers who are providing care as of February 22, 2013 (30 calendar days following enactment of the regulations on January 23, 2013), must be TrustLine registered in order to be paid, any providers that are not TrustLine registered by February 22 can no longer continue to be paid for services. It is very important that families and providers are fully informed of this.
TrustLine registered means the provider has been cleared through TrustLine, not just have applied. Correct?
Yes. TrustLine registered means the provider has been registered on the TrustLine registry and is cleared to provide services.
Does the EESD have a definition of “reasonably” as used in the definition of “immediate need” in Section 18078(k) of the California Code of Regulations, Title 5 (5 CCR)?
The regulations do not include a definition of “reasonably available” as this could differ from county to county. What is reasonably available in one county could be very different than in another, so it is best left in the discretion of the agency to determine on a case-by-case basis whether alternative child care that meets the parent’s needs is reasonably available from a licensed, TrustLine registered, or TrustLine exempt provider. This determination, once made, should be recorded in the family’s file.
Do the regulations require that a “provisional child care provider” be registered on TrustLine within the 30 day period in order to be eligible for reimbursement for services provided within the 30 day period?
Yes. The regulations require that a “provisional child care provider” be TrustLine registered (cleared) within 30 consecutive calendar days to be eligible for reimbursement. If the “provisional child care provider” is not TrustLine registered within 30 consecutive calendar days, they cannot be reimbursed for those 30 days. Remember, to be approved to be a provisional provider, they must have submitted a TrustLine application and fingerprints prior to beginning care.
In situations where there is an “immediate need,” can the “provisional child care provider” be paid for the 30 days if they have applied to TrustLine (but have not been registered), or is payment held until they are actually registered?
In accordance with 5 CCR, Section 18227.1, the “provisional child care provider” cannot be paid for the 30 days until they have been registered on TrustLine (cleared) and they must be registered within the 30 day period. If the “provisional child care provider” is registered on TrustLine on the 31st day, or any day thereafter, the contractor cannot go back and pay for services provided within the 30 calendar day period.
Note: The “immediate need” determines if a parent can use a “provisional child care provider”. To be a “provisional child care provider,” they must have submitted an application and fingerprints prior to beginning care.
- In situations where there is a “provisional child provider” who was not TrustLine registered within the 30 day period and the agency receives a letter from the Network on or after the 31st day stating that this provider has become registered, can the agency then go back and pay for the 30 days of service provided?
No. The agency cannot pay for the services provided during the 30 day period.
Note: Once this provider becomes TrustLine registered, they would be eligible for reimbursement for services provided from that point forward pursuant to 5 CCR, Section 18227(c)(2).
- The definition of a “provisional child care provider” in 5 CCR, Section 18089 (o), references Health and Safety Code (HSC), sections 1596.792 (d) or (f). Does this mean that a non-relative, in-home care provider cannot be a provisional child care provider?
No, it does not. Pursuant to the HSC, all license-exempt child care providers (except grandparents and aunt and uncles) who are providing care to families enrolled in the Stage 2, Stage 3, or Alternative Payment Programs (APP), are required to be TrustLine registered. If they provide child care in a child’s own home, they continue to be subject to TrustLine requirements and may, in situations of immediate need, act as “provisional child care providers” if they meet the regulatory requirements.
If a parent selected a “provisional child care provider”, and that provider was not registered on TrustLine within 30 calendar days, can the parent select another individual as a “provisional child care provider” for an additional 30 days?
Consistent with 5 CCR, Section 18227.1 (b), a family may only use a “provisional child care provider” in a single 30 day calendar period. At the conclusion of the 30 day calendar period, the “provisional child care provider” must become TrustLine registered and if so, may be reimbursed for services performed. If the “provisional child care provider” is not TrustLine registered within 30 calendar days, the contractor may not reimburse the provider for these services and the parent would be required to select an eligible provider who can meet the parent’s need for care. Please see 5 CCR, Section 18227 for a list of eligible providers. In situations where there is still an “immediate need”, and the contractor determines that no child care is reasonably available from a licensed, TrustLine registered or TrustLine-exempt provider that meets the need for care, regulations allow for the use of a different provisional provider who has submitted a TrustLine application and fingerprints in accordance with HSC, sections 1596.603 and 1596.605. CDE funded contractors may wish to develop a local policy with regard to the number of times a family may select a provisional provider. As per customary practice, the contractor must give providers and parents a copy of the policies.
- In 5 CCR, Section 18227.1 (c), it states in part that the parent shall select an eligible provider who can meet the parent’s need for care. What if there is not an eligible provider that meets the parent’s need for care (i.e., child care is needed at night or on the weekends and licensed care is not available and there is not a grandparent, aunt or uncle or registered TrustLine provider to provide care)? What are the parent’s options?
If there is not an eligible provider as defined in 5 CCR, Section 18227 and there still exists an immediate need for child care, the regulations allow the parent to select a different provisional child care provider who must submit their TrustLine application and fingerprints prior to beginning care.
- Does the CDE have any guidance regarding proof of being a grandparent, aunt or uncle?
Pursuant to HSC, Section 1596.60, the grandparent, aunt or uncle related by blood, marriage, or court decree is exempt from the TrustLine requirements. These providers should submit a Declaration of Exemption from TrustLine Registration and Health and Safety Self-Certification (CCP 1), which requires that the relative attest under penalty of perjury to their relationship to the child.
- What documentation does the APP need to have in their files to prove that a provisional child care provider was warranted?
The new regulations do not include specific documentation requirements to document why a provisional provider was selected. However, these regulations specifically state that the provisional provider may only be used in situations where there is an “immediate need”, and when the “provisional child care provider” has submitted a TrustLine application and fingerprints, in accordance with HSC, Section 1596.603. Contractors are reminded that they are already required to maintain family data files. Contractors should, as best practice, note in their family data file when a determination is made to allow the family to use a “provisional child care provider” as well as the first day of care with the provisional provider. Additionally, contractors should keep copies of the letters they receive from the California Resource and Referral Network regarding the status of the provider on the TrustLine registry.