When a family requests child care assistance for a child, the child’s citizenship or immigration status can affect the child’s eligibility for child care assistance. Citizenship and immigration status do not affect a non-citizen’s eligibility to participate in child care settings subject to public education standards (an education program that meets the state’s expectations for student learning in K-12 public schools, such as Head Start programs and prekindergarten or school-age care programs).

The child is the beneficiary of child care assistance benefits. Therefore, when child care is provided in a setting not subject to public educational standards, the CCAP agency must verify ONLY the citizenship and immigration status of the child for whom child care assistance is requested. Do not ask for citizenship or immigration information from anyone in the family other than the child for whom child care assistance is requested.

Eligibility

Families with children who are United States citizens are always eligible if the family meets other eligibility criteria. Eligibility of families with children who are all non-citizens depends on the setting where child care will be provided and the child’s United States Citizenship and Immigration Services (USCIS) classification. See Chapter 7.12 (Verifying Citizenship and Immigration Status) for information on how to verify immigration status.

The following immigration statuses meet eligibility requirements for child care assistance:

· Lawful Permanent Residents (LPR): Children who have been granted permission to live in the United States on a permanent basis.

· Lawfully residing non-citizens: Children with permission to live in the United States on a temporary basis, such as people granted parole, temporary protected status (TPS), deferred enforced departure (DED) or other temporary status.

· People fleeing persecution: Includes refugees, people granted asylum and people granted withholding of deportation (or removal), Cuban or Haitian entrants, and Amerasian immigrants from Vietnam.

When child care assistance will be used to pay for child care in a setting subject to public educational standards, do not verify or determine citizenship or immigration status.

Ineligibility

The following immigration statuses do not meet eligibility requirements for child care assistance (unless the child is attending care in a setting subject to public educational standards):

· Undocumented people: Children who do not have permission to enter or stay in the United States.

· Non-immigrant: Children such as tourists, students, business visitors, diplomats and others who have permission to enter the United States for a limited period of time but have not abandoned their residence in their home country.

Changes in child’s citizenship or immigration status

Immigration status can change. Check with participants at appropriate intervals to see if the child’s status has changed. For example:

· When the citizenship waiting period is over.

· At the ending date for non-citizens who are granted status with an ending date.

See Chapter 8.1.21 (Other Changes) for more information about how changes in immigration or citizenship status affect child care assistance.

Legal authority

Minnesota Rules 3400.0040
Minnesota Statutes 119B.025, subd. 1
Minnesota Statutes 256P.07, subd. 3