What are the Federal Eligibility Criteria for the Child Care and Development Fund?

Federal eligibility for CCDF is restricted to children from families who are working or attending education/training with a maximum of 85 percent of the State’s median income (45 CFR 98.20).  States have the option to set more restrictive criteria, such as lowering income thresholds or only serving children with parents who are working.

To be eligible, a child must:

·     Be under 13 years of age, or under age 19 if incapable of  self-care or under court supervision; AND

·     Reside with a family whose income does not exceed 85 percent of the State’s median income for a family of the same size  (States have the option to set a lower income limit); AND

·     Reside with a parent or parents who are working or attending a job training or educational program.

OR

·     Receive, or need to receive, protective services (States have the option of including foster care in their definition of protective services).

When determining eligibility, States cannot discriminate on the basis of race, national origin, ethnic background, sex, religious affiliation, or disability.  In addition, eligibility conditions or priority rules shall not limit parental rights or choice.

States must give priority for services to children of families with very low income (considering family size) and children with special needs.  States define the terms “very low income” and “special needs”.

Specific to immigrant families, Program Instructions issued by the Child Care Bureau indicate that the child is the beneficiary of services under the CCDF program, and as such only the citizenship status of the child is relevant for eligibility purposes.  In States where eligibility is determined by non-profit charitable organizations, those organizations are not required to determine, verify, or otherwise require proof of citizenship or immigration status.

Under Federal law, Indian children have dual CCDF eligibility.  This means that parents of eligible Indian children may apply to either the Tribe or the State for CCDF assistance.  States may not have a blanket policy of refusing to provide child care services to Indian children.  States and Tribes are encouraged to work closely together in coordinating child care resources to ensure adequate child care for all eligible Indian children (see ACYF-PIQ-CC-97-01).