Early Learning and Care 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Expires: Until Rescinded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:
- Provide updated information regarding access to subsidized child care and development services for Native American families; and
- Reiterate the Tribal Temporary Assistance for Needy Families (TANF) and California Child Care and Development interface information previously transmitted through MB 09–20.
Background
Management Bulletin 09–20, issued in September 2009, advised Early Learning and Care Division (ELCD) 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 at http://www.cde.ca.gov/sp/cd/ci/allmbs.asp 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 at http://www.cde.ca.gov/sp/cd/ci/documents/ccdftribalgrantees.doc [Link no longer available] 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 ELCD state-subsidized child care program.
Accessing Information and Services
Native American families seeking subsidized child care and development services may contact ELCD 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 ELCD Resource Page at http://www.cde.ca.gov/sp/cd/re/cdddata.asp. Families may contact a Resource and Referral agency at http://www.cde.ca.gov/sp/cd/re/rragencylist.asp 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 ELCD Field Services Consultant at http://www.cde.ca.gov/sp/cd/ci/assignments.asp 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.