STATE OF HAWAII
DEPARTMENT OF HUMAN SERVICES
BENEFIT, EMPLOYMENT AND SUPPORT SERVICES DIVISION
PUBLIC NOTICE
Pursuant to sections 91-3(b) and 91-4(b)(2), Hawaii Revised Statutes (HRS), notice is hereby given that the Department of Human Services has adopted emergency rules chapter 17-798.3 relating to Child Care Payments for the Wildfire Emergency.
The emergency rules were adopted on September 27, 2023 and shall be in effect until December 31, 2023 pursuant to section 91-3(b), HRS. The emergency rules as adopted are as follows:
2023 EMERGENCY RULES RELATING TO CHILD CARE PAYMENTS UNDER CHAPTER 17-798.3
Section 17-798.3-2, Definitions. This section adds a definition for “impacted family.”
Section 17-798.3-5, Scope. This section adds eligibility determinations for impacted families.
Section 17-798.3-9, Eligibility requirements. This section clarifies that the impacted family may have a monthly gross income exceeding eighty-five percent of the State Median Income by the most recent data published by the U.S. Department of Commerce Bureau of the Census, for a family of the same size, using the Income Eligibility Limits as established in Exhibit II, dated January 2, 2020.
The impacted family may have assets that total $1,000,000 or more for the household; clarifies the impacted family does not need to meet one of the conditions of activity; and clarifies overlapping child care hours and activity hours for impacted families are not necessary to determine eligibility for child care payments.
Presumptive payments for impacted families not having proper documentation to support the eligibility determination may be granted for six (6) months to allow for the delivery of replacement documents.
Section 17-798.3-10, Income considered in eligibility determination. This section clarifies that an impacted family does not need to meet monthly gross income requirements.
Section 17-798.3-14, Method of computing family unit’s co-payment. This section clarifies that an impacted family does not have a co-payment tier applied to their payment(s) based on Exhibit II, dated January 2, 2020.
Section 17-798.3-15, Method of computing the need for care. This section clarifies that an impacted family does not need to have overlapping child care hours and activity hours determined.
Section 17-798.3-17, Mandatory reporting. This section clarifies that an impacted family does not need to report changes related to their monthly gross income; a loss of activity; and a closure of their child protective services family supervision case.
Section 17-798.3-18, Re-determination of eligibility and payment amount. This section clarifies that for continued eligibility, an impacted family does not need to report a loss of activity; and the department will not act on reported changes for the balance of the families’ eligibility period.
A copy of the emergency rules will be mailed at NO COST to any interested person by requesting a copy by calling (808) 586-7053 or by writing to:
Department of Human Services
Benefit, Employment and Support Services Division
Attention: Child Care Subsidy Program Office
1010 Richards Street, Suite 512
Honolulu, Hawaii 96813
The emergency rules are available for public viewing at the following website:
https://humanservices.hawaii.gov/admin-rules-2/admin-rules-for-programs/
Upon request, this notice is available in alternate formats such as large print, Braille, or electronic copy.
Cathy Betts
Director
(SA1433637 10/16/23)
