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State Plan FY 2004-2005 Eligibility and Priority Terminology

The following definitions are excerpted from State Child Care and Development Fund Plans for the period 10/01/03 through 09/30/05. The National Child Care Information Center (NCCIC) reviewed the Plans that were submitted July 1, 2003, and became effective October 1, 2003. Links to most State CCDF Plans are available on NCCIC’s Web site at http://nccic.org/pubs/stateplan/state-urls.html.

Terms to be defined:

(1) "attending (a job training or educational program; include minimum hours if applicable)"
(2) "In Loco Parentis"
(3) "Job Training and Educational Program"
(4) "Physical or mental incapacity (if the Lead Agency provides such services to children age 13 and older)"
(5) "Protective Services"

(6) "Residing With"
(7) "Special Needs Child"
(8) "Very low-income"
(9) "Working (including minimum hours if applicable)"
(10) "Additional Terminology Related to Conditions of Eligibility or Priority Established by the Lead Agency"

“attending”

State	*^Definition of “attending (a job training or educational program; include minimum hours if applicable)”**
Alabama	Enrolled in, attending and satisfactory participating in a job training or educational program, either alone or in combination with gainful employment, for a minimum average of 15 hours or more per week. T ANF recipients may have additional requirements, as detailed in the TANF State plan.
Alaska	Regular attendance in an educational or training program that meets the definition above. [“Above” meaning the definition for “job training and educational program”—a structured learning environment for participants which has specific learning objectives, identified skills to be mastered, and a beginning and ending date.]
American Samoa	Any parent participating in a job training program for a maximum of twenty (20) hours per week or attending an educational program part-time (at least two classes per semester). Parents must provide documents verifying attendance which will be confirmed by the Child Care Program staff with the job trainer or educational instructor.
Arizona	Means to be present, at an activity outside of the individual’s home, on a regular and acceptable basis, as determined by the trainer or educator.
Arkansas	Officially enrolled in and participating in the program. Parents must currently be enrolled a minimum of twelve (12) credit hours to be eligible for assistance.
California	The parent has certified and submitted documentation of his/her participation in a job training or educational program leading to employment.
CNMI	CNMI uses the same definition for “job training and education program” as for “attending” as follows. Attending a job training program (30 hours per week) sanctioned by the PSS [Public School System] or WIA [Workforce Investment Act] or attending an education program on a full time basis (12 hours per semester for the college and five classes per day for the PSS).
Colorado	Verification of enrollment at an educational institution or participation in a job training program is required. Verification is required every six months. Under TANF, attendance and conditions of attendance are defined in the participant’s Individual Responsibility Contract.
Connecticut	Enrollment in and regularly attending classes or compliance with the mandatory employment services requirements of the TANF program, including being available for work, reporting from interviews, attending group or individual orientation sessions and satisfactory participation in employment service activities.
Delaware	Not Available
District of Columbia	Participation in at least 20 hours a week in an educational activity leading to a GED or high school diploma, or other approved training program, which can be documented.
Florida	Attendance in a job training or education program is monitored by the Agency for Workforce Innovation through regional Work Force Development Boards or their contract providers. Authorizations, updated authorizations, or termination notices are sent to the community child care coordinating agency by Workforce Development staff or their contract providers as families comply or fail to comply with participation standards.
Georgia	Active participation in an education or training activity. Full time attendance in high school or GED is defined by the agency/institution where the activity is offered. Adults enrolled in other education programs and training activities are required to participate in the activity or a combination of activities an average of 25 hours per week for single adult families and an average of 35 hours per week for two adult families.
Guam	Individual enrolled, participating full or half-time, and satisfactorily performing in an institution or training program that provides instruction and activities to develop specific occupational skills. Full and half-time status is defined by the institution or training program.
Hawaii	Enrolled in a job training or educational program as defined by the institution, agency or business that sponsors the program.
Idaho	Child care must be needed so the caretaker/parent may attend an education or training program.
Illinois	Documented enrollment and participation in a job training or educational program; can include actual class time, travel, and other related, required documented activities.
Indiana	One is “attending” job training or an educational program when participation occurs outside of the home for a job training or educational program.
Iowa	Formally enrolled full-time, as defined by the institution, in an approved educational or vocational training program. Part-time plans may be approved only if the number of credit hours to complete training is less than full-time status, the required prerequisite credits or remedial coursework is less than full-time status, or training is not offered on a full-time basis. For FIP [Family Investment Program] recipients participating in PROMISE JOBS, part-time plans may be approved as above. In addition, PROMISE JOBS participants may use part-time training when family circumstances indicate this is necessary. In all instances where part-time training is used, PROMISE JOBS participants must be able to complete the training within maximum participation limits as established by Iowa Administrative Code Chapter 93.
Kansas	Enrolled in an approved job training or educational program and meeting the attendance expectations.
Kentucky	Attending a job training or educational program required by TANF or which progress is made toward self-sufficiency.
Louisiana	Present at the training site for job training or in the classroom for educational programs for a minimum average of 25 hours per week.
Maine	Attending a job training or educational program—enrolled at least halftime in any recognized school, training program, or institution of higher education.
Maryland	Means a parent legal guardian, or a person in loco parentis is not available to care for a child, and no other acceptable child care can be arranged because the parent, legal guardian, or person in loco parentis is in a job training program or enrolled in an educational program.
Massachusetts	Service need for parents participating in full-time high school program is considered full-time, regardless of the program schedule. Parents participating in 12 credit hours of college courses are considered to have a 20 hour service need, (which can be supplemented by a maximum of 5 hours for travel between school and child care center, if applicable, and additional work hours to meet the 30 hour minimum for full-time care). Any credit hours in addition to the 12 required to meet the part-time (20 hour) service need are counted as follows: one credit hour equals one hour of service need. Service need for part-time college programs (less than 12 credit hours) and other education or training programs will be based upon the number of hours spent in the education or training activity each week. (One credit hour or one hour of training equals one hour of service need). Work and education or training hours may be combined to show a full-time service need.
Michigan	Enrolled full or part-time (as defined by the educational institution) and participating in an activity leading to a high school diploma or its equivalent (i.e. General Education Development [GED] and Adult Basic Education [ABE] classes) or English as a second language classes, or meeting MWA [Michigan Works! Agency] participation requirements and demonstrating sufficient progress while participating in an approved MWA activity (i.e., employment preparation and/or training or a post-secondary education program), limited to 26 2-week pay periods.
Minnesota	A student in an approved educational program who is making satisfactory progress as determined by the school or is determined to be making progress in accordance with the standards established in a county’s child care assistance program plan is considered to be attending an educational or job training program.
Mississippi	Enrolled in a job training program or as a full-time student.
Missouri	Attending as necessary to maintain satisfactory progress, as defined by the institution or job training program.
Montana	A person is considered to be attending, whether part-time or full-time, if they remain in good standing with either the job training or education program in which they are enrolled. Child care is allowed for scheduled class time and the time necessary to commute between the parent’s home, the day care facility and the education or training facility.
Nebraska	Parents will be considered attending a job training or educational program when they participate in that program according to its schedule, days of operations, or sessions.
Nevada	Requires enrollment at the time of initial determination of eligibility and adequate progress toward program completion at subsequent eligibility reviews.
New Hampshire	Employed, actively seeking employment or participating in training or education which is prepatory to employment.
New Jersey	A parent will be considered to be attending if they are enrolled in a job training or educational training program, documented through proof of registration.
New Mexico	Being physically present and actively participating in a job training or educational program.
New York	A person will be considered to be attending a program if the person is enrolled and is participating in a job training or education program for the period of time required for the particular client under the regulations of the State Office of Children and Family Services or the State Department of Labor.
North Carolina	Making satisfactory progress in a job training or educational activity approved by the local purchasing agency. Included are brief absenses for personal or program needs, such as illness of the parent or child, or semester breaks, etc.
North Dakota	Means going to and participating in the one of the following activities listed below. Education or training activities may include high school, basic remedial educations programs, trade schools, colleges, universities or other activities designed to help the participant achieve basic literacy or training needed to secure employment or retain employment. Traditional high school attendance means: taking 4 or more classes; part time is less than 4 classes. Alternative high school attendance means: the definition prescribed by the alternative education setting. For college or university attendance means: full time is 12 or more credit hours per semester or quarter. Part-time is less than 12 credit hours per semester or quarter. Vocational and trade schools vary as to full time or part-time student [status].
Ohio	Satisfactory participation criteria requires that the eligibility deter the participant’s attendance in regards to a level of frequency that ensures the participant’s satisfactory participation.
Oklahoma	Documentation of need must include proof of the client’s training or class schedule per semester and proof the client is making progress in completing the degree or training program. Child care is limited to charges necessary for actual classroom attendance, including travel time. Additional study time is not approved. When there are gaps in class times, the social services specialist may approve child care beginning with the first class of the day through the last class of the day. Time for laboratory work may be included in the approval for child care if participation is required for the course and is part of an actual classroom activity.
Oregon	Satisfactory participation in a job training or educational program that requires absence from the child on a part time or full time basis. Authorized care will be for reasonable hours of care needed to support participation in the program, including meal and commute time. Care may be authorized for gaps up to two weeks between or before scheduled program or activities, if necessary to keep the provider.
Pennsylvania	For non-TANF families—a minor parent who has not graduated from high school or does not have a general equivalency diploma (GED) shall be enrolled in an education program and attend on a full-time basis. Full-time is defined by the program. Written documentation must also be provided by the program. For TANF families—participation in any program approved by the CAO [County Assistance Offices] as a work-related activity in accordance with TANF eligibility requirements.
Puerto Rico	A parent who is officially enrolled in a job training or educational program, including any such TANF related activities he or she must be participating in 75% of all scheduled classes or sessions, except when he/she or [the] child is ill.
Rhode Island	Attending is defined as participation in an approved employment or training component of a Family Independence Program Employment Plan.
South Carolina	Enrolled in one of the programs described below: Educational program—a public or private instructional program that results in a high school diploma, GED, Associate, or College degree. Must attend a minimum of six credit hours a semester.
South Dakota	Full-time and part-time is as defined by the institution when applicable. If not defined by the institution, job training is at least 20 hours per week for non-TANF families. TANF families are required to meet the work requirements set forth by TANF criteria. If a TANF family meets the work requirements and would like assistance for attendance at school, child care benefits will be provided. Likewise, if a non-TANF family meets the work requirements and wants to attend school, child care costs can be covered. The work requirement for non-TANF families is waived for students enrolled in and physically attending a full-time program of study or training leading to a GED, or high school diploma. Students pursuing a certificate of completion in a technical program not exceeding two years will have the work requirement waived as long as the actual in-class hours meet a minimum of 20 hours per week.
Tennessee	A participant is considered “attending” a job training or educational program on a full-time basis when a post-secondary educational program is 12 semester credit hours or more. One (1) study hour per credit hour is counted towards meeting the 40-hour fulltime work requirement. Or, a participant is enrolled in a training curriculum provided in a state post-secondary technical program and in which the core curriculum is 30 hours per week or more. These training programs are considered to meet the 40-hour full-time work requirement.
Texas	A parent is considered to be attending a job training or education program as long as the parent: Is considered by the program to be officially enrolled, Meets all attendance requirements established by the program, and Is making progress toward successful completion of the program.
Utah	Utah’s child care program supports job training and education for single parents who work 15 hours or more a week. Utah also supports job training and education for two parent families when one parent is employed 15 hours or more per week while the other parent works 35 hours or more per week and the other parent is not able to care for the children. Child care is approved to cover not more than 24 months to meet the training/education goal. For FEP [Family Employment Program] parents, training/education participation is defined by employment plan goals.
Vermont	Enrolled in or participating in an approved training program which is certified by the institution according to their individual training requirements.
Virgin Islands	Any person who is officially enrolled/registered and actively participating in a job training/educational program as confirmed in writing by an educational institution/agency, and verified by the Department of Human Services.

"in loco parentis"

State	*^Definition of “in loco parentis”**
Alabama	Means exclusively adult relatives without legal custody or guardianship of the child; foster parents of a child in the legal custody of the Department; and adults with whom the Department places a child for protective service reasons.
Alaska	In loco parentis–Has the same meaning given in 45 CFR 98.2
American Samoa	A person shall be acting in loco parentis when he/she has assumed guardianship and control of a child for a period of at least six (6) months. This determination will be confirmed by the child’s closest living relative (other than the relative seeking in loco parentis status) or by a Child Protective Services caseworker.
Arizona	Means an individual who: has legal guardianship or who has initiated the process of legal guardianship; or is a caretaker relative who exercises responsibility for the day-to-day physical care, guidance and support of a child who physically resides with the relative and who is by affinity or consanguinity or by court decree a grandparent, great-grandparent, sibling of the whole or half blood, stepbrother, stepsister, aunt, uncle, great-aunt, great-uncle or first cousin.
Arkansas	A person having physical custody of the child. The person has assumed guardianship and responsibility for the child. Day care can be provided for this person to enable employment training or education, however the income of that person (regardless of relationship to the child) will be counted in determining eligibility and setting fees for service.
California	Any person living with a child who has responsibility for the care and welfare of the child.
CNMI	A person that is acting in a legal guardianship capacity for the child.
Colorado	An unrelated individual who is taking the place of a parent and has obtained an affidavit from the child’s biological parent or legal guardian which identifies the unrelated individual as the child’s primary caretaker.
Connecticut	A person with whom the child lives who is responsible for the day-to-day care and custody of the child when the child’s parent by blood, marriage, adoption or court order is not performing such duties.
Delaware	Not Available
District of Columbia	In the place of parents. Individual(s) has been charged, through legal action (i.e., by law or court order), with the same legal rights, duties and responsibilities as a parent or legal guardian.
Florida	Acting as the temporary guardian of a child.
Georgia	Adult who has assumed responsibility for the care of a minor child.
Guam	An adult(s) appointed as legal guardian(s), or otherwise recognized as exercising parental control over the care and welfare of the minor(s).
Hawaii	In place of the parent, i.e., charged with the rights, responsibilities and duties of a parent defined as: a) birth or adoptive parent; b) step-parent or relative who is related to the child by blood, marriage or adoption, who resides with and is responsible for the care, education, and financial support of the child; or c) person other than the parent who can provide legal documentation to verify that the person can act on the child’s behalf and is responsible for the care, education, and financial support of the child.
Idaho	Assuming care and custody of a child by an adult not related to the child. When the parents have made an agreement for another individual to care for their child (both formally and informally), the individual will be eligible to apply for benefits. The temporary caretaker must meet all eligibility requirements. This applies to both family relatives and non-relative caretakers.
Illinois	Assuming guardianship and control of the child (need not be formalized through the court).
Indiana	The definition of parent is a person related to the eligible child by blood, marriage, or adoption and including a legal guardian or other person standing in loco parentis (in the place of a parent). In order to apply for CCDF child care, the applicant must have physical custody of the child for whom services are being requested. The applicant must be age eighteen (18) or over unless the applicant is married, an emancipated minor, or a teenage parent.
Iowa	An adult standing in place of the parent; custody/guardianship is not required to be formalized through the court if the individual is a relative.
Kansas	Any blood relative with custody or any person with court-ordered custody and with the legal right and responsibility to act as a parent.
Kentucky	A parent by blood or marriage; An adoptive parent; A legal guardian; A K-TAP [The Kentucky Transitional Assistance Program] specified relative; or Another person who assumes primary responsibility as the child’s caregiver.
Louisiana	An individual age 18 or older who is responsible for the care, supervision, and financial support of a child residing with the individual more than half of the time, if the child’s parent is not living in the home.
Maine	An adult acting in place of a parent, such as a grandparent, foster parent, a state caseworker, and/or a legal guardian.
Maryland	Means a person who is at least eighteen years old, who is not a child parent or legal guardian, with whom the child resides and who has assumed control of the child.
Massachusetts	For the purpose of the CCDF, allows those caring for a child on a full-time basis and acting as a foster parent, legal guardian or temporary legal guardian to be deemed as parent.
Michigan	A non-custodial parent, legal guardian, foster parent, adoptive parent, or if the parent is not in the home, another person who lives with and is the caretaker (responsible for the care) of the child(ren) needing child care services. If both the parent and the legal guardian are in the home, the legal guardian must be the applicant.
Minnesota	Legal guardians and their spouses and eligible relative caretakers and their spouses. Minnesota Statutes identifies an eligible relative caregiver as a person who is a caregiver of a dependent child receiving a MFIP [Minnesota Family Investment Program] grant but who is not a member of the assistance unit. A legal guardian is identified as a person who has been appointed or accepted as a guardian according to Minnesota Statutes, section 260C.325, 525.615, or 525.6165, or under tribal law.
Mississippi	In place of parent, for example, a foster parent, a guardian, a relative, or a friend with whom the child resides. The term describes someone who provides care and supervision like a parent but [has not gone] through the formalities of legal adoption or guardianship.
Missouri	A specified relative or legal guardian maintaining care and control of the child.
Montana	An adult friend or relative with whom the child resides, whether or not custody is court ordered.
Nebraska	In loco parentis refers to situations where in place of a parent, a parent’s rights, duties, and responsibilities are charged to another. Children in these situations must be under age 19, and are referred to as ward of the Department or wards of the court.
Nevada	Adult(s) standing in as parent(s) for children who are in need of supervision or protective services such as a blood relative with custody or any person with court ordered custody, and for families who are in transition.
New Hampshire	A person who is acting in place of the parent, such as a guardian, aunt, uncle, [or] grandparent, who provides care and with whom the child lives. This responsibility need not be ordered by the court.
New Jersey	Means [an] individual who serves as the primary caretaker without legal confirmation for the child(ren) on behalf of whom certificate(s) are requested. These individuals are considered in loco parentis if the parent(s) of the child(ren) are not residing within New Jersey and the child(ren) reside with these individuals on a full time basis. These individuals must meet all other eligibility criteria.
New Mexico	Any blood relative with custody (whether or not court ordered) or any other court ordered custody.
New York	A person standing in loco parentis means a guardian, caretaker relative or any other person with whom a child is living who has assumed responsibility for the day-to-day care and custody of the child.
North Carolina	A person with whom the child resides other than the biological or adoptive parent who does not have a court ordered financial responsibility.
North Dakota	Means a legal guardian who is physically caring for the child in his or her home or another person (relative or non-relative) physically caring for the child for an indefinite period of time.
Ohio	Per OAC [Ohio Administrative Code] Rule, any adult(s) who is charged by blood, marriage, adoption or law with the rights, duties and responsibilities of a mother and/or father and whose presence in the home is needed to perform these rights, duties and responsibilities.
Oklahoma	A person acting in place of a parent without going through legal proceedings. He/she is expected to pursue child support from the natural or adoptive parent(s) of the child(ren).
Oregon	In place of the parent; may include, but is not limited to, a step parent, guardian, or legal guardian.
Pennsylvania	“In lieu of parents” or caretaker: For non-TANF families–caretaker [or] an adult who has legal custody and who lives in the family’s common dwelling and who has responsibility for the child for whom subsidy is requested or a specified relative as defined in 55 PA Code §151.42. For TANF families - a person who meets the requirements of a specified relative in accordance with TANF eligibility requirements.
Puerto Rico	Guardian or tutor in custody or appointed by court that assumes the role of a parent and is in charge of the child.
Rhode Island	When the relative with whom the child lives is not the biological or adoptive parent, the term loco parentis (in place of the parent) is used. Spouses of any of the persons in the listed groups meet the relationship requirement and continue to meet it even after the marriage is terminated by death or divorce. A child meets this eligibility factor if his/her home is with any of the following relatives: Father, adoptive father, mother, adoptive mother; Stepfather, stepmother (but not the parent of either); Grandfather, great grandfather, great-great grandfather, great-great-great grandfather; Grandmother, great grandmother, great-great grandmother, great-great-great grandmother; Adoptive grandparent if the grandchild is the natural child of a parent who was adoptive, or if the grandchild is the adopted child of a parent who was the natural child of the grandparent; Brother, half brother, adoptive brother, stepbrother, sister, half sister, adoptive sister, stepsister; Uncle, great uncle, great-great uncle, aunt, great aunt, great-great aunt (including uncle or aunt of whole or half blood); Nephew, great nephew, great-great nephew, niece, great niece, great-great niece (including nephew or niece of whole or half blood); or First cousin (including first cousin of whole or half blood), first cousin once removed.
South Carolina	In the position or place of a parent. Guardianship does not have to be formalized through a court. This is determined on a case-by-case basis.
South Dakota	An individual 18 years of age or older who is neither the child’s parent or guardian nor residing with the child’s parent or guardian, but who has a signed statement from the child’s parent or guardian giving the individual authority to exercise parental control of the child or by the court or through guardianship.
Tennessee	A person acting as a parent and providing support to minor children.
Texas	The Commission uses the term “parent.” A “parent” is defined as “an individual responsible for the care and supervision of the child identified as the child’s natural parent, adoptive parent, stepparent, or legal guardian.”
Utah	Specified relatives may be eligible for child care subsidies when the child lives with the specified relative and the parent is not in the same home. Specified relative is defined as: grandparents; brother or sister, including step, half, and adopted; aunt or uncle; first cousin, nephew or niece; people of prior generations as designated by the prefix grand, great or great-great; or an unrelated adult who has legal custody of the child is the same as a parent.
Vermont	In the absence of the parent, a legally appointed guardian, including the State.
Virgin Islands	Any person who assumes the parental responsibility for the child and documented by notarized statement or legal document.
Virginia	Means legal guardian.
Washington	An adult caring for a minor in the absence of the natural, adoptive or step parent(s) and is: The sibling or step-sibling; Nephew or niece, aunt, uncle, grandparent, or any of the previous relatives with the prefix great, or; Not a relative, court-ordered guardian or custodian. This adult must receive a Washington State Assistance to Needy Families (TANF) grant on behalf of the minor prior to being considered a consumer of Working Connections Child Care (WCCC).
West Virginia	Serving as a parent, with physical control or guardianship of a child, when biological or adoptive parents are not available. Other than those parents with legal guardianship or parents through birth, adoption, or marriage, this includes foster parents through the Department, relatives, and persons receiving TANF benefits for the child.
Wisconsin	A person who has assumed guardianship (meaning that they are living in the same household, and acting as the case head of the household with decision making responsibility and authority) and control of the child, formally or informally. A parent is a custodial parent, guardian, foster parent, legal custodian or a person acting in the place of a parent.
Wyoming	An adult related to the child or an adult who has a court order giving legal responsibility or guardianship and who is exercising the care and control of the child. This includes foster parents.

"job training and educational program"

State	*^Definition of "job training and educational program"**
Alabama	Includes but is not limited to: A nonacademic vocational, trade, or technical training program lasting no more than twenty-four (24) calendar months from the parent’s initial enrollment into the program, and which results in the parent: 1) receiving a certificate of completion, degree or diploma; and 2) possessing, without additional study, a marketable employment skill in a particular vocation or trade, for example, barbering, plumbing, electrician, secretarial, etc. This definition also includes satisfactory participation in a Trade Retraining Act program in the event of a lay-off or plant closure, GED programs and, for parents who have already completed the first two years of a four-year college degree program (attained Junior status), the last two years of the four-year degree program. TANF recipients may have additional requirements or limitations, as detailed in the TANF State Plan.
Alaska	A structured learning environment for participants which has specific learning objectives, identified skills to be mastered and a beginning and ending date.
American Samoa	A vocational program approved by the Employment Development and Training Division of the Department of Human Resources. An educational program is one that will lead to either a high school or college diploma.
Arizona	Means participation in an activity outside of the individual’s home, which is a structured program (with a goal of, or in preparation for, employment) as follows: a. High school or its equivalent or remedial education activities reasonably related to obtaining a high school diploma or its equivalent if the individual engaged in the activity is a teen parent. b. JOBS/MAXIMUS approved education/training activities. If an individual is a TANF recipient and is required to participate in the JOBS or Arizona Works program, child care services for any job training and educational program must be approved by the JOBS or MAXIMUS program. c. Other education and training activities (listed in i. through iv. below) if the eligible parent who needs care is working a monthly average of at least 20 hours per week, the education and training activity is related to an employment goal and the student maintains satisfactory progress and remains in good standing with the educational institution: Attendance at college or trade/vocational activities Attendance at structured work readiness activities (typically involving structured classes and employment preparation activities) Attendance at high school, General Educational Development (GED) classes, English for Speakers of Other Languages (ESOL) classes or remedial educational activities Lab classes
Arkansas	Activities designed to enhance the employability and self-sufficiency of parents and which lead to employment at the end of the training/education program.
California	A vocational training or educational program that will lead directly to a recognized trade, para-profession or profession.
CNMI	Attending a job training program (30 hours per week) sanctioned by the [Public School System] PSS or [Workforce Investment Act] WIA or attending an education program on a full time basis (12 hours per semester for the college and five classes per day for the PSS).
Colorado	Enrollment in an educational institution or participation in a job training program such as on-the-job training, work experience, or employer sponsored training. Educational programs include [earning a] high school diploma, ESL [English as a Second Language], brushing up [on] basic skills or [working towards a] GED. For TANF participants, job training and educational programs are considered work activities.
Connecticut	(a) A state day program accredited by the State Department of Education or the New England Association of Schools and Colleges, a general equivalency diploma program, or an adult education, technical high school or vocational secondary school program which shall lead to a high school level diploma or certificate; and (b) An employment services activity approved by the Department of Social Services, the Department of Labor or the designee of either agency in accordance with the State Plan requirements for the TANF program, including but not limited to education activities below the post-secondary level, job skills training, job readiness activities, job development and placement activities, job search, work experience, drug or alcohol rehabilitation.
Delaware	Not Available
District of Columbia	Job training or educational programs include, but are not limited to, occupational skills training, remedial education activities leading to GED, work experience, on-the-job training, and/or post-secondary education including two year and four year college programs.
Florida	Training or education designed to provide participants with skill and certification necessary for employment in an occupational area.
Georgia	State approved activities that lead to obtaining an employment skill. These are: work experience, on-the-job training, job skills training, secondary school or equivalent, job search/job readiness, vocational training, and English as a second language.
Guam	A program that encompasses classroom instruction, work experience, on-the-job training, upgrading and retaining activities to provide individuals with skills and knowledge to perform a specific job.
Hawaii	An organized training or educational program (including community college and university education) established by an institution, agency, or business for the purpose of the development of skills and/or academic study necessary for an identified occupation.
Idaho	An education program is defined as job training or education program, including high school, junior college, college, GED, technical school and vocation programs.
Illinois	Adult based education/GED programs, and short term vocational programs that are licensed by the Illinois Department of Professional Regulation or other state regulating agency, and/or certified by the Illinois State Board of Education; two or four year college programs; work experience, Work First, community services and/or job search/job readiness activities approved by [Department of Human Services] DHS.
Indiana	A formal progression of activities designed to lead to specifically defined educational goals or readiness for a specific field of employment and provided by an institution licensed or accredited by the State for this purpose. Child care subsidies may be paid for children when their parents are participating in education and training activities. These activities must take place outside of the home. Examples of education and training activities may include, but are not limited to: Job Readiness, Community Work Experience (CWEP), Post-Secondary Education, Vocational and Educational Training and Academic Training, Adult Basic Education (ABE), English as a Second Language (ESL), and General Education Degree (GED).
Iowa	a. Academic or vocational training must culminate in a specific goal, such as high school completion, improved English skills, or the development of specific academic or vocational skills. b.Training may be approved for high school completion activities, adult basic education, GED, English as a second language, a college program which leads to an associate of arts degree, and a postsecondary education, up to and including a baccalaureate degree program. c. Child care provided while the parent participates in postsecondary education or vocational training is limited to a 24-month lifetime limit. A month is defined as a fiscal month and generally has starting and ending dates falling with two calendar months but only count as one month. Time spent in high school education, GED, or English as a second language does not count toward the 24 month limit.
Kansas	An approved program leading to a certificate, high school diploma, or equivalency, or specific skills which is a logical progression to paid employment or greater earning potential or completed within 6 months; persons eligible for child care while attending training must be employed a minimum of 20 hours a week.
Kentucky	Any skills training or educational program: In which the parent must participate because of TANF requirements; or Which leads to self-sufficiency.
Louisiana	Job Training: Pre-employment vocational training in technical job skills and equivalent knowledge and abilities in a specific occupational area that is offered by a facility or institution that is legally authorized by the state, or by a private or public employer if approved by agency staff. Educational Program: A structured program of high school education, education designed to prepare a person to qualify for a high school equivalency certificate (GED), or post-secondary education that is offered by a facility or institution that is legally authorized by the state.
Maine	Job training program means vocational training, field training, on-the-job training, and other recognized job readiness training programs focused upon the acquisition of knowledge and skills that prepare the participant for employment.
Maryland	Means any type of State-approved instructional program that can include a public school program, undergraduate college, vocational program, publicly funded training program, work activity, community service activity, or volunteer activity designed to lead to employment of the participant.
Massachusetts	Full-time high school program; high school equivalency program (GED); or a combination of work and GED preparation; vocational training program (not including graduate, medical or law schools); ESL [English as a second language] program plus training or work; an accredited college or university leading to an Associate’s or Bachelor’s degree.
Michigan	An activity leading to a high school diploma or its equivalent (i.e., General Education Development [GED] and Adult Basic Education [ABE] classes) or English as a second language (ESL) classes, or an approved Michigan Works! Agency (MWA) activity (i.e., employment preparation and/or training or a post-secondary education program), limited to 26 2-week pay periods.
Minnesota	Educational program means remedial or basic education or English as a second language instruction, a program leading to a general equivalency or high school diploma, post-secondary programs excluding post baccalaureate programs, and other education and training needs as documented in an employment plan, as defined in subdivision 12. The employment plan must outline education and training needs of a recipient, meet state requirements for employment plans, meet the requirements of this chapter, and Minnesota Rules, parts 3400.0010 to 3400.0230, and meet the requirements of programs that provide federal reimbursement for child care services.
Mississippi	Job related training and secondary and higher education.
Missouri	A program whose ultimate goal is that the participant will be employable and will have the skills necessary to become self-sufficient.
Montana	A job-training program is a program designed to assist eligible families to become self sufficient by providing needed employment-related activities and supportive services. An education program is a program that is recognized by the State of Montana as an accredited education program. Job training and educational programs include but are not limited to vocational-technical schools, business colleges, junior colleges, universities, and/or special classes which may be classified as “employment related training.” An educational program may also include students working to support their education (i.e., work study).
Nebraska	A job training or educational program is one where parents are actively involved in an identified program, school or college, where they will be gaining new knowledge or refreshing skills to gain a degree or certificate, obtain a job, or enhance work responsibilities.
Nevada	A structured course of study, which is recognized by an applicable licensing, certification or accreditation body and is designed to lead to employment within a reasonable period to time.
New Hampshire	A degree or certificate program in an area of specialization leading to employment.
New Jersey	Job training program means the following: vocational/occupational training programs in which enrollment is not less than twenty (20) hours per week: A)Classroom skills occupational/vocational; or B)On-the-Job Training, including apprenticeships. Educational program means the following educational activities: A)Adult Basic Education- literacy training and remedial education for not less than 20 hours per week; . B)GED Training -for individuals who have not completed high school for not less than 20 hours per week; C)English As A Second Language - for individuals with limited English language for not less than 20 hours per week; and D)Post Secondary Education - specialized occupational training programs leading to a specific-career objective or a two-year to four-year degree program at an institution of higher education for not less than 12 credit hours per full semester or 6 credit hours per summer or interim session.
New Mexico	Participation in a short or long term educational or training program which provides specific job skills which allow the participant to enter the workforce and/or directly relate to enhancing job skills, including but not limited to the acquisition of a General Equivalency Diploma (GED), English as a second language, literacy training, vocational education training, secondary education including Adult Basic Education and accredited high school programs, and post secondary institutions.
New York	Job search activities; job skills training; job development and placement; vocational education training and job readiness activities when authorized for the particular client under the regulations of the State Office of Children and Family Services or the State Department of Labor. Educational activities include but are not limited to secondary and other education when authorized for the particular client under the regulations of the State Office of Children and Family Services or the State Department of Labor. Secondary education and post secondary education are defined as including: (a) An approved program of vocational training or rehabilitation, which, for purposes of this section, includes enrollment in a two-year undergraduate college program with a specific vocational objective. Under this requirement child care services shall be authorized only for the following programs: (i) those which have a specific occupational goal and are conducted by an institution licensed or approved by the State Education Department other than a college or university. Enrollment in more that two such consecutive training programs is not allowable; (ii) those undergraduate or community college programs with a specific vocational sequence leading to an associate degree or certificate of completion within a determined time frame which shall not exceed 30 consecutive calendar months; (iii) those pre-vocational skill training programs such as basic education and literacy training; (iv) those demonstration projects designed for vocational training or others as approved by the State Department of Labor; (v) those programs leading to a high-school diploma or high-school equivalency diploma; (vi) not withstanding the potential of some vocational training programs as detailed above, to allow for the eventual attainment of a bachelor’s degree or like certificate of completion for a four-year college program, this regulation does not permit the renewal of such vocational training program enrollment for any additional period. (b) A two year program other than one with a specific vocational sequence leading to an associates degree or certificate of completion, or a four year college or university program leading to a bachelor's degree provided: (i) the program is reasonably expected to improve the earning capacity of the caretaker; (ii) the caretaker is and continues to participate in non-subsidized employment whereby the caretaker works at least 17 hours per week and earns wages at a level equal to or greater than the minimum amount required under federal and State labor law while pursuing the course of study; and (iii) the caretaker can demonstrate his or her ability to successfully complete the course of study.
North Carolina	A training or educational activity approved by the local purchasing agency which provides education, and/or training leading to employment. This may include (a) education leading to a high school diploma or its equivalent, and (b) post-secondary education or skills training.
North Dakota	Education or training activities may include high school, basic remedial education programs, trade schools, colleges, universities or other activities designed to help the participant achieve basic literacy or training needed to secure employment or retain employment. Traditional high school attendance means: taking more 4 or more classes; part time is less than 4 classes. Alternative high school attendance means: the definition prescribed by the alternative education setting. For college or university attendance means: full time is 12 or more credit hours per semester or quarter. Part-time is less than 12 credit hours per semester or quarter. Vocational and trade schools vary as to full time or part-time student.
Ohio	Voluntary or mandatory on-the-job training program or educational program leading to permanent employment.
Oklahoma	Job skills training includes vocational training and “hands on” work experience to develop technical skills, knowledge, and abilities in specific occupational areas. All training programs must include qualitative measures to evaluate participant’s progress. Examples include competency gains, proficiency levels, and certificates of completion. A formal education program is defined as a course of study that leads to the attainment of an Associate’s or Bachelor’s degree. Post-graduate work is excluded. The need factor also exists when a parent attends high school, General Educational Development (GED), adult basic education (ABE), or English as a second language classes.
Oregon	A job training program is one that includes technical or vocational courses leading to an occupation or employment, and other job training activities which lead to employment. An educational program is an accredited program which leads to an academic diploma, degree or certificate and [leads to] reasonable employment opportunities. A licensed substance abuse program shall be considered an educational program for eligibility purposes.
Pennsylvania	For non-TANF families, training program is an instructional program which enables the employed adult family member to attain skills which qualify him/her for a specific job. Education is an elementary school, middle school or high school program including a GED program. For TANF families it is an instructional program which is approved by the [Chief Academic Officer] CAO as a work-related activity in accord with TANF eligibility requirements.
Puerto Rico	Any educational training or rehabilitation program licensed by the State Department of Education or by the Council of Higher Education, with specific vocational, educational, or occupational goal that is geared toward the development of knowledge and skills necessary to secure employment including any TANF related programs.
Rhode Island	Job training and educational programs are defined as those activities that may be approved to be included in an individual’s employment plan under the Family Independence Program.
South Carolina	Job training—conducted in a classroom or on-the-job to teach marketable skills in the competitive labor market. Educational program—a public or private instructional program that results in a high school diploma, GED, Associate, or College degree. Must attend a minimum of six credit hours a semester.
South Dakota	Any type of formal education program or job training that is full or part-time. Twenty hours per week would be considered part-time or (when applicable) as defined by the institution.
Tennessee	Any such program approved and under contract offered by the Lead Agency; or through local education agencies, adult basic education or general equivalency programs; or through the State’s, vocational or higher education institutions leading to a certificate, associate or baccalaureate degree. Includes training and education programs through the Division of Vocational Rehabilitation. Excludes post-graduate degree programs. Includes teen parents attending local public high school classes.
Texas	A program that provides training or instruction leading to: A high school diploma (or the equivalent) or a post-secondary certificate or degree; Basic literacy; English proficiency; or The acquisition of technical skills, knowledge, and abilities specific to an area of occupation.
Utah	Utah supports students in adult, basic education, any vocational, skills, or job readiness training or courses that increase employability when the student is employed 15 hours or more a week. For FEP [Family Employment Program] participants, training/education activities are defined by the employment plan goals.
Vermont	Any activity which is likely to lead to employment within one year of completion of training or which is required to maintain employment. Approved Training Programs include: a. Work training programs sponsored by PATH [Prevention, Assistance, Transition and Health Access]; b. Work study programs; c. High school; d. College (undergraduate degree) e. Adult basic education; f. Job training, Partnership Act programs; g. Start-up self employment activities.
Virgin Islands	Any vocational or occupational program which may be held in classroom, or any on-the-job apprenticeship training. Any educational program which results in a specific certification, diploma or degree.
Virginia	Means a program that develops specific work attitudes, behaviors and skills leading to job readiness and/or development of specified technical or vocational skills which would lead to employment and result in other than a baccalaureate or advanced degree.
Washington	Basic Education includes High School completion and classes to prepare for and testing to acquire GED certification and may include adult basic education (ABE) or English as a second language (ESL). Vocational Education is training in a specific occupation provided by a technical school or community college administered or certified by the state, or provided by a regionally certified tribal college. It also includes job skills training and pre-employment training in specific skills offered through community-based organizations, businesses and tribal governments. High Wage High Demand is full-time training that will lead to a certificate or degree that will lead to employment in a high wage, high demand field. Customized Job Skills Training is full-time individualized or group training for specific jobs with a higher than average starting wage. Job Skills Training is work-related, foundation job skills not tied to a specific job.
West Virginia	On-the-job training; job readiness, job development and placement activities; vocational training; skill training; secondary school programs; post secondary schools, colleges and universities. Job training programs must lead to a skilled trade or be approved by WV WORKS staff. Educational programs must lead to a high school diploma or equivalency, college diploma, or be approved by a local Board of Education, State Department of Education and the Arts, or the WV WORKS staff.
Wisconsin	Employment skills training, including English as a Second Language course, a course of study meeting the standards set by the Superintendent of Public Instruction under S115.29(4) for the granting of the declaration of equivalency of high school graduation, a course of study at a technical college, or any educational course that would provide an employment skill, as approved by the Financial and Employment Planner in the W-2 agency. Additional examples include: instruction to gain a drivers license, and job skill development.
Wyoming	A planned, supervised program which may be a combination of classroom and on-the-job training experiences that imparts knowledge or develops skills or abilities to prepare a person for employment. An educational program cannot exceed a first baccalaureate degree.

“physical or mental incapacity”

State	*^Definition of “physical or mental incapacity” (if the Lead Agency provides such services to children age 13 and older)**
Alabama	Incapacity (or incapacitated) means a physical or mental condition which, based on the conclusions of a licensed physician, psychiatrist or psychologist, renders a parent incapable of providing adequate care for a child or, in the case of a child, incapable of caring for himself or herself. (Receipt of VA disability or SSI [Supplemental Security Income] does not in and of itself constitute incapacity.)
Alaska	A physical or mental incapacity is defined as a disability under which a person is incapable of self-care, and which is attributable to one or more mental or physical impairments that are severe, chronic, and lifelong. For child care assistance purposes, the physical or mental incapacity must be documented by a professional (doctor, psychiatrist, nurse practitioner, public health nurse, licensed clinical social worker or licensed psychological associate).
American Samoa	Not Applicable
Arizona	Not Applicable
Arkansas	A child who has a physical or mental condition which substantially limits one or more major life activities, who has a record of such an impairment, or who is regarded as having such an impairment, and diagnosed by a licensed medical or psychological practitioner.
California	The child who is physically or mentally incapable of self-care is a child who has exceptional needs as defined in Education Code § 8208 (l).
CNMI	Not Applicable
Colorado	a) A developmental disability which is attributed to mental retardation, cerebral palsy, epilepsy, autism, or a neurological impairment and is verified by a professional. b) A physical handicap, substantiated by a medical professional or the County, which puts extra and exhausting demands on parents. c) A psychological disorder which is documented by a psychologist, psychiatrist, or qualified mental health professional. d) A severe behavioral problem which places exhaustive demands on parents and is verified by a professional or the County.
Connecticut	[Connecticut uses the same definition for “special needs child” as for “physical or mental incapacity,” which is as follows.] A child shall be considered to have special needs if the child’s independence, self-sufficiency and safety is dependent on others and the child requires extra supervision, care, or assistance in the child care setting due to the following physical, mental, behavioral or emotional conditions, including but not limited to: (a) A physical handicap or health impairment that causes chronic or acute health problems, such as a heart condition, orthopedic impairment, tuberculosis, asthma, epilepsy, cerebral palsy, leukemia or congenital abnormality that has been diagnosed by a physician; (b) Mental retardation or autism spectrum disorder as diagnosed by a physician, pediatrician or psychologist; (c) A behavioral or emotional disturbance, maladjustment or developmental delay that causes the child to exhibit marked and inappropriate behaviors or characteristics over extended periods that has been diagnosed by a psychologist, psychiatrist or other clinically trained and state-certified mental health professional acting within his or her scope of practice; (d) A speech, language, vision or hearing impairment that has been diagnosed by a physician or state certified health care professional acting within his or her scope of practice; or (e) Multiple handicaps that cause problems or interfere with the child’s ability to function in the child care setting without extra care or supervision.
Delaware	A dysfunctional condition which disrupts the child's normal development patterns during which the child cannot function without special care and supervision.
District of Columbia	Diagnosis by a physician or other health professional that a child has a significant delay of at least twenty-five percent (25%) in two or more of the following areas of development: adaptive environment; cognitive development; communications, speech and language development; physical development, including vision and hearing; and/or social or emotional development.
Florida	A developmental delay or established physical or mental condition. Mild or moderate emotional problems as certified by a licensed psychiatrist, psychologist or licensed mental health professional.
Georgia	That which prevents, impairs, interferes with, or impedes life activities by placing limitations on an individual’s ability to fully engage in skills, such as self-care, receptive and expressive language, learning, breathing, mobility, seeing, and self-direction.
Guam	A physical or mental impairment resulting in the inability of individuals, under age 19, to care for themselves, as determined by a licensed physician, psychiatrist, or psychologist.
Hawaii	A physical or mental condition that prevents a child from caring for herself or himself, as determined by a physician or a licensed or certified psychologist.
Idaho	Any child who is physically or mentally not capable of self-care, as verified by a physician, licensed psychologist, social worker, special education teacher, speech therapist, or by receiving Supplemental Security Income (SSI).
Illinois	A mental incapacity, hearing impaired, deaf, speech/language impaired, visually disabled, serious emotional disturbance, orthopedically impaired or other health impairment, or specific learning disability; requiring special services, as documented by a statement from local health provider or other professional in the health/medical field.
Indiana	Children ages 13 through 18 for whom child care is requested due to physical or mental incapacity must meet the definition of special needs as documented by enrollment in one or more of the following programs or services: Children with special health care services; Public school special education; or Supplemental Security Income (SSI).
Iowa	[Iowa uses the same definition for “special needs child” as for “physical and mental incapacity” as follows.] A child with one or more of the following conditions: The child has been diagnosed by a physician or by a person endorsed for service as a school psychologist by the Iowa Department of Education to have a developmental disability which substantially limits one or more major life activities, and the child requires professional treatment, assistance in selfcare, or the purchase of special adaptive equipment. The child has been determined by a qualified mental retardation professional to have a condition which impairs the child’s intellectual and social functioning. The child has been diagnosed by a mental health professional to have a behavioral or emotional disorder characterized by situationally inappropriate behavior which deviates substantially from behavior appropriate to the child’s age, or which significantly interferes with the child’s intellectual, social, or personal adjustment.
Kansas	A condition which impedes appropriate behavior in one or more of the following areas: motor functioning; self-help skills; cognition; communication; and interaction with their social and/or physical environment and special assistance limitations. Children up to age 18 are eligible if incapacity is documented by an authorized professional.
Kentucky	Children below age 20 who have multiple or severe problems, diagnosed by physicians or qualified professionals, that prevent the child from caring for himself for any part of the date.
Louisiana	Physically or mentally incapable of caring for oneself as verified by a physician or licensed psychologist, or by receipt of SSI [Supplemental Security Income] (applies to children age 13 through 17).
Maine	Children who are physically or mentally incapable of caring for themselves.
Maryland	Means a child’s biological, emotional, or psychological condition, which a physician or a licensed or certified psychologist has determined, [that] prevents the child from caring for himself or herself for reasons other than the child’s age.
Massachusetts	Physical, emotional, or mental disability of a child: a completed "Verification of Special Need of the Child's" form must be submitted. The form must be signed by a physician for a physical disability; psychiatrist, doctoral level psychologist or independent licensed clinical social worker for an emotional or mental disability; or by an early intervention program director, primary service coordinator, or special education staff stating that the child is eligible for their special education services. The responses must state the nature and the expected duration, of the disability, and must include an explanation of why the disability necessitates child care.
Michigan	A court order or a physician’s statement verifies that a child is: (1) age 13 but under age 18 and is: Unable to dress, feed or care for him/herself due to a physical or mental handicap; Requires constant care to prevent injury to him/herself or to another due to a physical or psychological condition; and/or Supervision has been ordered by the court; or (2) Age 18 and requires constant care due to a physical or mental handicap or a court order, and is a full-time high school student and is reasonably expected to complete high school before reaching age 19.
Minnesota	Children who require significant adaptation of the typical child care program and environment, additional staff qualifications, and/or staff ratios due to the child’s physical or mental health needs. The child is considered having physical or mental health needs as determined by physicians, social workers, psychologists, or the School District’s special education criteria if they have a significant delay in one of more of the following areas: cognitive, gross motor, fine motor, social or emotional development, adaptive development, or a diagnosed physical or mental condition that has a high probability of resulting in a developmental delay.
Mississippi	Mississippi uses the same definition for “special needs child” as for “physical or mental incapacity” which is: a child under age 18 who meets the SSI definition of disability by having [a] medically proven physical or mental condition(s) that causes marked and severe functional limitations expected to last at least 12 months in duration.
Missouri	Physical or mental incapacity as certified by a physician or psychologist or by receipt of SSI [Supplemental Security Income] or Social Security Disability.
Montana	Children under the age of 19, with disabilities or cognitive delay, who are not able without assistance, to properly manage or care for his/her person. Appropriate clinical authorities must document this determination.
Nebraska	A child or youth up to age 19 with an identified physical or developmental need that may or may not necessitate program adaptations including equipment, materials, and/or staff adaptations will be identified as a child with disabilities according to state definition. To be considered a child with disabilities, the child must have one or more of the following conditions which are not related to chronological age: Emotional-impairment: including behavioral impairment requiring special equipment or assistance; Developmental age level lower than chronological age and requires assistance via special supervision; Movement-impaired: requires assistance or unable to move; Sensory-impaired: requires special environment modifications or assistance; Hygiene: requires assistance or dependent; Feeding: requires special equipment, requires assistance; Toileting: requires assistance, requires special equipment; Medical conditions: requires respiratory aids or special procedures; Therapy required: physical, occupational, speech, or respiratory; Medications: requires assistance, requires special procedures. A child in these categories may be determined to have a requirement for extra care because of an acute or chronic physical or mental condition. Acute special needs include temporary conditions that require special medical attention and isolation from other children, e.g., recovery from surgery, etc. Chronic special needs include long-standing medical or behavioral problems that require special medical, behavioral or other services at all times, e.g., medically fragile, attention deficit, etc. A physician or licensed or certified psychologist must document that a child in these categories has a disability that requires specialized services as described above. Providers may charge a different or higher rate for such child care.
Nevada	A physical or mental condition, which severely limits the individual’s ability to care for him/herself, or an emotional condition that places the individual or others at risk, as verified by a physician or other licensed professional authorized to make such assessments.
New Hampshire	Limits the ability to care for themselves, as they would cause harm to themselves or others without supervision.
New Jersey	A dependent child who is age 19 or younger and defined as a “special needs” individual; that is, physically or mentally incapable of selfcare.
New Mexico	Special Supervision: Child care benefits may be provided to children between the ages of thirteen and eighteen who are under the supervision of a court of law, or who are determined by a medical professional to require supervision because of a diagnosis of a physical, emotional, or neurobiological impairment, or who are physically or mentally incapable of caring for themselves. Children with special needs are prioritized relative to budget availability.
New York	Physical or mental incapacity of a child exists when the child is a special needs child as defined in (7) of this section: A child with special needs means a child who is incapable of caring for himself or herself and who has been diagnosed as having one or more of the following conditions to such a degree that it adversely affects the child’s ability to function normally: visual impairment; deafness or other hearing impairment; orthopedic impairment; emotional disturbance; mental retardation; learning disability; speech impairment; health impairment; autism; or multiple handicaps. Any such diagnosis must be made by a physician, licensed or certified psychologist or other professional with the appropriate credentials to make such diagnosis.
North Carolina	An incapacity as determined by a medical professional which supports the need for supervision or involvement in child care.
North Dakota	If a child is incapable of self-care because of verified physical or mental incapacity, the child may be eligible for child care. This incapacity must be verified in writing, by a qualified medical professional.
Ohio	A physical or mental condition, which renders a child incapable of caring for him/herself as verified by the CDJFS [County Department of Job and Family Services], based on a determination by a licensed physician or licensed or certified psychologist.
Oklahoma	A child with special needs is defined as a child receiving Supplemental Security Income (SSI), SoonerStart early intervention services, or special education services provided in accordance with an Individualized Education Program (IEP) by the local school district. This definition also includes a child who meets the medical definition of disability as determined by the Social Security Administration but does not meet the financial criteria to receive SSI [Supplemental Security Income] benefits. Prior to approving a child with disabilities for child care after age 13, a statement from a licensed health care professional must be received verifying the child is physically or mentally incapable of self-care as age appropriate.
Oregon	[Oregon uses the same definition for “specials needs” as for “physical or mental incapacity” as follows:] A child with disabilities under age 18 and who may require a level of care over and above the norm for his/her age due to a physical, developmental, mental, behavioral, or medical disability such as mental retardation, cerebral palsy, Down Syndrome, autism, serious emotional and behavioral disorders, attention deficit hyperactivity disorder, mental health disorders, hearing impairment, vision impairment, physical or mobility disabilities, serious chronic illness, brain injury and other disabilities. The higher level of care may include, but is not limited to, additional staffing, special medical procedures, adaptive equipment, structural or other types of accommodation. The disability may be verified by one of the following: 1) physician; nurse practitioner; licensed/certified psychologist or clinical social worker; 2) eligibility for early intervention/early childhood special education services or school-age special education services; or 3) eligibility for Supplemental Security Income (SSI).
Pennsylvania	A child who is developmentally disabled and is 13 years of age or older is eligible for subsidy until his developmental age is 13 years or until his chronological age is 19 years, whichever occurs first, if the developmental disability is documented by a licensed psychologist or a physician. A child who is physically disabled and is 13 years of age is eligible for subsidy until he is no longer physically disabled or until he is 19 years of age, whichever occurs first.
Puerto Rico	A disability of an individual five years of age or older that is attributable to a mental or physical impairment, manifested before age twenty-two, likely to continue indefinitely, [that] substantially limits the individual in three or more areas of major life activities (self-care, receptive and expressive language, learning, mobility, self direction, capacity for independent living and economic self-sufficiency), and reflects the individual needs for a combination of special or generic services, supports or other assistance for an extended direction. When applied to infants and young children the term means individuals from birth to age five, inclusive, who have conditions with a high probability of resulting in developmental disability if services are not provided.
Rhode Island	A documented neuro-physiological, psychological or emotional disorder, physical impairment, or serious health condition that a clinical or medical professional attests renders the child incapable of self-care.
South Carolina	The State Department of Disabilities and Special Needs and the State Department of Health and Environmental Control Babynet and Children’s Rehabilitative Services caseworkers determine eligibility for child care under the ABC Special Needs Voucher set-aside.
South Dakota	Provide such services to children up to age 19; and by physically or mentally incapable of caring for himself or herself, or under court supervision.
Tennessee	A child must be a Social Security Insurance (SSI) recipient or have a mental or physical condition that prevents or limits self-care or self-supervision or impairs normal development. If not an SSI recipient, the condition must be verified by a written statement or documentation from a physician, or psychiatrist or licensed or certified psychologist or from the Local Education Agency’s multidisciplinary team.
Texas	[The Commission uses the same definition as “child with a disability” as for “physical or mental incapacity,” as follows:] A child with a disability is a child with functional needs requiring assistance to perform tasks that are within the typical chronological range of development (major life activity), including but not limited to: movement of large and/or small muscles, learning, talking, communicating, self-help, social, emotional, seeing, hearing, and breathing.
Utah	Children who are physically or mentally incapable of self-care as determined by a medical doctor, doctor of osteopathy or licensed or certified psychologist.
Vermont	A physical or mental condition as documented by a physician/psychologist which prohibits the child from being able to safely care for him/herself.
Virgin Islands	A child whose physical or mental disability prevents him or her from caring for himself or herself.
Virginia	A child is considered physically or mentally incapacitated if the child has physical or mental impairments that substantially limit one or more of the major life activities, and the child is unable to care for himself/herself without supervision.
Washington	Physically, mentally, behaviorally, or emotionally incapable of self-care, as verified by a health, mental health, education or social service professional with at least a master’s degree, or by a registered nurse.
West Virginia	A long-term disability that results in substantial limitations in learning, language, self-care, mobility, self-direction, and capacity for independent living.
Wisconsin	Child care can be approved for children ages 13 through 18 if a determination is made by a qualified professional that this child requires placement in a child care program while the parent is involved in an approved activity and determined eligible for the Wisconsin Shares child care program.
Wyoming	A child less than eighteen (18) years of age who is physically or mentally incapable of caring for him/herself as verified by a written determination from a physician or certified psychologist.

“protective services”

State	*^Definition of “protective services”**
Alabama	Services provided by the Department to, or on behalf of, children in response to reports of alleged abuse, neglect, or exploitation. For purposes of the Child Care Subsidy program, children in Foster Care are considered to be in protective services.
Alaska	Child protective services are any services provided to a child who is the subject of a report of harm. The purpose is to identify, treat and reduce child abuse and neglect, as well as to ensure that reasonable efforts are made to protect and maintain children in their own homes.
American Samoa	A child is considered in need of protective services if evidence exists of physical and/or emotional abuse, neglect, and/or [if s/he] is receiving foster care services. This determination will be made by the High Court of American Samoa following a recommendation from a Child Protective Services caseworker. [The] Child must be receiving protective services to qualify.
Arizona	Means: a) A child and/or family receiving services from DES [Department of Economic Security] Child Protective Services (CPS) and referred for child care services on a case by case basis; or b) Special Circumstances families who are unable to provide child care for a portion of a twenty-four hour day due to a crisis situation of domestic violence or homelessness, a physical, mental, emotional, or medical condition, or participation in a drug treatment or drug rehabilitation program or court ordered community service.
Arkansas	Protective Services are not paid with CCDF Funds.
California	Services provided through the local County Welfare Department’s Child Protective Services Unit to children identified by a legal, medical or social services agency or an emergency shelter as abused, neglected or exploited, or at risk of abuse, neglect or exploitation. Protective Services include emergency response, assessment, shelter care, respite care, and out-of-home placement.
CNMI	Not Applicable
Colorado	A child who is part of a protective services plan through County Child Welfare programs.
Connecticut	A family service plan for safeguarding children who are considered by the state's child welfare service agency to be at risk of abuse or neglect.
Delaware	Supervision/Placement of a child by the Division of Family Services in order to monitor or prevent situations of abuse or neglect.
District of Columbia	Services which are designed to ensure that neglected and abused children referred by the Child and Family Services Agency and the District of Columbia Superior Court are protected from further experiences and conditions detrimental to their healthy growth and development, including services provided on behalf of a child which are designed to help parents recognize and remedy any conditions which might prove harmful to the child and to fulfill their parental roles more effectively. Note: The District of Columbia does not use CCDF funds for respite care for children in protective services.
Florida	Means services provided to families who are under “protective supervision,” which is a legal status in dependency cases, child in need of services cases, or family in need of services, which permits the child to remain in his or her own home. Such services would include subsidized child care.
Georgia	Social services for children who are maltreated (neglected, abused, or exploited) or who are at risk of maltreatment.
Guam	As determined by Bureau of Social Services Administration (BOSSA): Abused/neglected children placed in their home while parents undergo therapeutic programs. Abused/neglected children in foster care or awaiting foster placement following removal from their homes. Child and parent(s) who are receiving protective services interventions and/or under court ordered supervision.
Hawaii	Social services provided by the Department of Human Services to children who are reported to have been or are at risk of being abused or neglected. The term includes services provided by the Department to parents and siblings to help solve problems contributing to the abuse/neglect situation. The child and parent(s) must be receiving child protective services, and the assigned social worker must specify the need for child care services in the family’s case plan that is approved by the Family Court.
Idaho	Child care is required to permit the family to receive services needed to reduce or eliminate the need for protective intervention. The Department has final approval for all protective service referral. Children in foster care are not eligible for these services.
Illinois	Child determined to be in need of or receiving protective services and in [an] open mind or family DCFS [Department of Children and Family Services] case. Determination [is] to be made by the DCFS child protection or child welfare personal.
Indiana	Families with children who receive or need to receive child protective services as verified by the Local OFC [Office of Family and Children] can be eligible for CCDF child care services provided the CPS [Child Protective Services] caseworker indicates the family needs child care out of the child’s home. The service and financial need requirements are waived for children who have been referred by their CPS caseworker as needing out of home care as part of the CPS case plan. A child who has been placed into another home is not eligible for this exception. This is for children who have not been removed from their own home but need outside care as identified by the caseworker.
Iowa	Child care provided as part of a protective service plan to prevent or alleviate child abuse or neglect. The child must be a member of a family with one of the following: a confirmed case of child abuse, or episodes of family or domestic violence; or substance abuse which places the child at risk of abuse or neglect and has resulted in a service referral to family preservation or family centered services.
Kansas	Protective services, per se, will not be provided with these funds; however, child care may be provided to protect children who cannot protect themselves from abuse, neglect, and exploitation; to enable a child to remain in the home while the parent(s) work toward rehabilitation; or when the child is at risk of a health or social condition which may adversely affect the child.
Kentucky	Specialized child protective services and preventive services aimed at: 1) safeguarding the rights and welfare of abused, neglected or dependent children; 2) aiding parents or other persons responsible for the care, custody, or responsibility for the supervision of children in recognizing and remedying conditions detrimental to the welfare of the children; and 3) identifying and correcting conditions in society which contribute to the neglect, abuse or dependency of children. Child Protective Services is both preventive and corrective in nature. Prevention may also include adoption subsidized children and those adoption subsidy children whose adoption is at risk of disruption, children and families in homeless or spouse abuse shelters or transitional housing, children in Cabinet for Families and Children, subsidized relative placements, multi-problem families, and teen parents.
Louisiana	Those services offered on behalf of individuals under 13 years of age who are in danger, or threatened with danger of abuse, neglect or exploitation, or are without proper custody or guardianship; and need for such services has been determined by the state agency charged with responsibility for the provision of abuse/neglect complaint investigations. Only children in protective care are eligible for respite care.
Maine	Specialized casework services including respite care to neglected, abused, or exploited children and their families
Maryland	Not Applicable
Massachusetts	Families are eligible for supportive child care services when they have active protective needs documented in a supported report of abuse or neglect within the previous 12 months or when there is a determination of need to begin or continue supportive child care at a Department of Social Services Progress Supervisory Review.