Effective Date: 08/07/08
Revision Date: 12/16/08

Reference: Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996, P.L. 104-193, as amended; Federal Register notices 62 FR 61344 (November 17, 1997), 63 FR 41658 (August 4, 1998), and 63 FR 41662 (August 4, 1998); ACYF-PI-CC-98-08; CCDF-ACF-PI-2008-01 (May 2, 2008)


Policy Statement:

The citizenship status of each child for whom care is requested must be verified and appropriately coded in the child care tracking system.

Payments for U.S. citizens, U.S. non-citizen nationals, and qualified aliens may be claimed for Federal matching funds.

Payments for a non-citizen child who is not a qualified alien (see definition below) cannot be claimed for Federal matching funds. A non-citizen child who does not meet criteria as a qualified alien includes undocumented or illegal immigrants as well as immigrants, formerly considered eligible for benefits by the courts, known as "PRUCOL".

Eligibility will not be denied based on a child's citizenship status.  Illinois will continue to authorize services to non-citizen children and will pay for these services with state dollars.

Definitions:

The law regarding U.S. citizenship and nationality is complex; therefore, the Department of Justice has provided the following broad definitions for general guidance only.

United States citizen: (1) A person (other than the child of a foreign diplomat) born in one of the several States or in the district of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands, or the Northern Mariana Islands who has not renounced or otherwise lost his or her citizenship; (2) A person born outside of the United States to at least one U.S. citizen parent (sometimes referred to as a "derivative citizen") or (3) a naturalized U.S. citizen.

United States non-citizen national: a person born in an outlying possession of the United States (American Samoa or Swain's Island) on or after the date the U.S. acquired the possession, or a person whose parents are U.S. non-citizen nationals (subject to certain residency requirements).

Qualified Alien: An alien lawfully admitted for permanent residence under the Immigration and Nationality Act (INA); An alien granted asylum under section 208 of the INA; A refugee admitted to the U.S. under section 207 of the INA; An alien paroled into the U.S. under section 212 (d) (5) of the INA for at least one year; An alien whose deportation is being withheld under section 243(h) of the INA as in effect prior to April 1, 1997, or whose removal is being withheld under section 241 (b) (3) of the INA; An alien granted conditional entry pursuant to section 203(a) (7) of the INA as in effect prior to April 1, 1980; An alien who is a Cuban or Haitian entrant as defined in section 501 (e) of the Refugee Education Assistance Act of 1980; or An alien who (or whose child or parent) has been battered or subjected to extreme cruelty in the U.S. and otherwise satisfies the requirements of Sec. 431(c) of the Act.

Background:

Title IV of PRWORA requires programs offering Federal public benefits to verify the citizenship and immigration status of the recipients of such services. The Child Care and Development Fund is considered a program that provides a Federal public benefit and is subject to the verification requirement. Further, only the citizenship and imigration status of the child is relevant for eligibility purposes.

The citizenship status must be verified unless the child is exempt from verification requirements. A child enrolled in a Head Start or Pre-K collaboration is exempt from the verification requirements. However, if a Head Start grantee operates a separate program that is entirely supported by CCDF funds, the separate CCDF program is not exempt from the verification requirements.

Procedures:

  1. Applicant Responsibility
    1. An applicant shall attest to the citizenship status of each child by completing page 7 of the child care application. If the child is a qualified alien, the parent must provide the alien registration number and submit supporting documentation.
    2. The applicant must declare under penalty of perjury and possibly subject to later verification of status, that the child is a U.S. citizen, U.S. non-citizen national or qualified alien. The parent's signature on page 11 of the child care application that includes the child for whom care is requested is sufficient to meet this criteria.
  2. Staff Responsibility
    1. For an active TANF/FS/Medical case, CCTS citizenship coding will be populated automatically based on the coding in ACID.
      1. Qualified Child
        A child who is a U.S. citizen or U.S. non-citizen national or qualified alien is identified in ACID with the following codes: 30, 31, 34, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 71, 72, 73, 81 or 82. Children with these codes in ACID will automatically be coded in the CCTS with a 'Y'
      2. Non-Qualified Child
        A child who is a "non-qualified" immigrant or who is undocumented is identified in ACID with the following codes: 36, 37, 38, 39, 42 or 55. A child with one of these codes in ACID will automatically be coded in the CCTS with an 'N'.  If this child is in a Collaboration, change the 'N' to a 'C'.
      3. Status Unknown
        A child whose status is unknown may have one of the following codes in ACID: 32, 33, 35, 43, or 44. Staff must manually enter the code (Y or N) based on the declaration and documentation submitted by the parent. If either the declaration, documentation, or signature is not received, the child shall be considered non-qualifed. Staff shall enter an "N" in the citizenship field unless the child is enrolled in a Head Start or Pre-K collaboration. If the child is in a Collaboration, change the 'N' to a 'C'.
    2. If the case has no connection to TANF/FS/Medical ('Z' cases), CCTS coding shall be entered based on the declaration and documentation submitted by the parent as follows:
      1. Qualified child
        1. Enter a 'Y' for a child who is identified as a U.S. citizen, U.S. non-citizen national, or a qualified alien who has a valid alien registration number and supporting documentation. If the case is otherwise eligible, care may be approved for this child.
      2. Non-qualified child
        1. enter an 'N' for all other categories or when the status is unknown.
        2. If the applicant does not respond to the citizenship question on the child care application, consider the child "non-qualified" and enter an 'N' in the CCTS.  Do not Request Additional Information or otherwise delay processing the application for this information.
      3. Head Start/Pre-K Collaboration
        1. Enter a 'C' for a child enrolled in a Collaboration unless the child can be coded with a 'Y'.
        2. A child who is no longer enrolled in a Collaboration program must document their status as a United States citizen, United States non-citizen national, or a Qualified Alien if care is needed with a non-collaboration provider.