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MURIEL BOWSER
MAYOR
September 25, 2024
The Honorable Phil Mendelson
Chairman
Council of the District of Columbia
John A. Wilson Building
1350 Pennsylvania Ave. NW, Suite 504
Washington, DC 20004
Dear Chairman Mendelson:
Enclosed for consideration and adoption by the Council of the District of Columbia is the
"Grandparent Caregivers Eligibility Determination Rules Approval Resolution of 2024" along
with an accompanying draft Notice of Final Rulemaking for the Grandparent Caregivers Pilot
Program.
The rules are being submitted to the Council for its approval in accordance with section 106
of the Grandparent Caregivers Pilot Program Establishment Act of 2005, effective March 8,
2006 (D.C. Law 16-69; D.C. Official Code § 4-251.06).
The rules will amend Chapter 68 of Title 29 of the District of Columbia Municipal Regulations
by eliminating the requirement that a grandparent caregiver obtain a Temporary Assistance for
Needy Families (TANF) eligibility determination before applying for a subsidy under the
Grandparent Caregivers Pilot Program.
I urge the Council to take prompt and favorable action on the enclosed resolution.
Enclosures
1
2
3 at the request of the Mayor
4
5
6 A PROPOSED RESOLUTION
7
8
9
10 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
11
12
13
14 To approve a proposed final rulemaking amending Chapter 68 of Title 29 of the District of
15 Columbia Municipal Regulations, regarding the Grandparent Caregivers Pilot Program.
16
17 RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
18 resolution may be cited as the "Grandparent Caregivers Eligibility Determination Rules
19 Approval Resolution of 2024".
20 Sec. 2. Pursuant to section 106 of the Grandparent Caregivers Pilot Program
21 Establishment Act of 2005, effective March 8, 2006 (D.C. Law 16-69; D.C. Official Code§ 4-
22 251.06), the Council approves the proposed final rulemaking of the Director of the Child and
23 Family Services Agency to amend section 6802.1 of Chapter 68 (Grandparent Caregivers Pilot
24 Program Subsidies) of Title 29 (Public Welfare) of the District of Columbia Municipal
25 Regulations regarding the Grandparent Caregivers Pilot Program, which was transmitted to the
26 Council by the Mayor on September 25, 2024, and a notice of proposed rulemaking for which
27 was published in the District of Columbia Register on May 31, 2024, at 71 DCR 6500.
28 Sec. 3. Transmittal.
29 The Council shall transmit a copy of this resolution, upon its adoption, to the Mayor, the
30 Director of the Child and Family Services Agency, and the Administrator of the Office of
31 Documents and Administrative Issuances.
1
32 Sec. 4. Fiscal impact statement.
33 The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal
34 impact statement required by section 4a of the General Legislative Procedures Act of 1975,
35 approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
36 Sec. 5. Effective date.
37 This resolution shall take effect immediately.
2
CHILD AND FAMILY SERVICES AGENCY
NOTICE OF PROPOSED RULEMAKING
The Director of the Child and Family Services Agency, pursuant to the authority set forth in sections
102 and 106 of the Grandparent Caregivers Pilot Program Establishment Act of 2005, effective March
8, 2006 (D.C. Law 16-69; D.C. Official Code §§ 4-251.02, 4-251.06) (“Act”), and Mayor’s Order
2006-38, dated March 20, 2006, hereby gives notice of his intent to adopt the following amendments
to Chapter 68 (Grandparent Caregivers Pilot Program Subsidies) of Title 29 (Public Welfare) of the
District of Columbia Municipal Regulations (“DCMR”) in not less than thirty (30) days after the date
of publication of this notice in the District of Columbia Register, and following the review by the
Council of the District of Columbia (“Council”) as required by section 106 of the Act. Pursuant to
that section, the proposed rules will be transmitted to the Council and will be deemed approved upon
the Council’s approval of the rules by resolution or the expiration of the Council’s thirty (30) day
review period, whichever occurs first.
The proposed amendment eliminates the requirement that an applicant to the Grandparent Caregivers
Pilot Program receive a Temporary Assistance for Needy Families (“TANF”) determination for the
child for whom the applicant is the primary caregiver as a condition of eligibility to receive a subsidy
through the program. CFSA anticipates that eliminating this requirement will reduce the time it takes
for applicants to submit a completed application and receive a subsidy if eligible and approved.
Applicants will still be required to have applied for TANF benefits for the child as a condition of
eligibility.
Title 29, PUBLIC WELFARE, of the DCMR is amended as follows:
Chapter 68, GRANDPARENT CAREGIVERS PILOT PROGRAM SUBSIDIES, is
amended as follows:
Subsection 6802.1(i) is amended to read as follows:
(i) The applicant has applied for Temporary Assistance for Needy Families (TANF)
benefits for the child through the Department of Human Services;
All persons desiring to comment on the subject matter of this proposed rulemaking should file
comments in writing within thirty (30) days after the date of publication of this notice in the
District of Columbia Register. Comments should be filed with Nina Jones, General Counsel, Child
and Family Services Agency, by mail or hand delivery to 200 I Street, SE Washington, DC 20003
or by email to nina.jones@dc.gov or online at www.dcregs.dc.gov. Copies of these proposed rules
may be obtained without charge at the address above or online at www.dcregs.dc.gov.
1
CHILD AND FAMILY SERVICES AGENCY
NOTICE OF FINAL RULEMAKING
as submitted to the Council for its approval pursuant to section 106 of the Grandparent
Caregivers Pilot Program Establishment Act of 2005, effective March 8, 2006
(D.C. Law 16-69; D.C. Official Code § 4-251.06)
The Director of the Child and Family Services Agency, pursuant to the authority set forth in
sections 102 and 106 of the Grandparent Caregivers Pilot Program Establishment Act of 2005,
effective March 8, 2006 (D.C. Law 16-69; D.C. Official Code §§ 4-251.02, 4-251.06) (“Act”),
and Mayor’s Order 2006-38, dated March 20, 2006, hereby gives notice of his adoption of the
following amendment to Chapter 68 (Grandparent Caregivers Pilot Program Subsidies) of Title 29
(Public Welfare) of the District of Columbia Municipal Regulations (“DCMR”).
The amendment eliminates the requirement that an applicant to the Grandparent Caregivers Pilot
Program receive a Temporary Assistance for Needy Families (“TANF”) determination for the
child for whom the applicant is the primary caregiver as a condition of eligibility to receive a
subsidy through the program. CFSA anticipates that eliminating this requirement will reduce the
time it takes for applicants to submit a completed application and receive a subsidy if eligible and
approved. Applicants will still be required to have applied for TANF benefits for the child as a
condition of eligibility.
A Notice of Proposed Rulemaking was published in the District of Columbia Register on May 31,
2024, at 71 DCR 6500. No comments were received. A proposed final rulemaking was
transmitted to the Council for its approval in accordance with section 106 of the Grandparent
Caregivers Pilot Program Establishment Act of 2005, effective March 8, 2006 (D.C. Law 16-69;
D.C. Official Code § 4-251.06), pursuant to the Grandparent Caregivers Eligibility Determination
Rules Approval Resolution of 2024, introduced on ------ (Proposed Res. 25----). The resolution
was deemed approved by the Council on -------, 2024.
The Director of the Child and Family Services Agency adopted this rule as final on [date]. No
changes were made to the text of the rule as proposed.
The rule shall become effective on the date of publication of this notice in the District of Columbia
Register.
Title 29, PUBLIC WELFARE, of the DCMR is amended as follows:
Chapter 68, GRANDPARENT CAREGIVERS PILOT PROGRAM SUBSIDIES, is
amended as follows:
Subsection 6802.1(i) is amended to read as follows:
(i) The applicant has applied for Temporary Assistance for Needy Families (TANF)
benefits for the child through the Department of Human Services;
1
Government of the District of Columbia
Office of the Chief Financial Officer
Glen Lee
Chief Financial Officer
MEMORANDUM
TO: The Honorable Phil Mendelson
Chairman, Council of the District of Columbia
FROM: Glen Lee
Chief Financial Officer
DATE: June 28, 2024
SUBJECT: Fiscal Impact Statement – Grandparent Caregivers Eligibility
Determination Rules Approval Resolution of 2024
REFERENCE: Draft Resolution as provided to the Office of Revenue Analysis on May
22, 2024
Conclusion
Funds are sufficient in the proposed fiscal year 2025 through fiscal year 2028 budget and financial
plan to implement the resolution.
Background
Under current regulations, an applicant to the Child and Family Services Administration Grandparent
Caregivers Pilot Program1 (“Program”) must obtain a Temporary Assistance for Needy Families
(TANF) eligibility determination for the child at the time of application to the Program.
The resolution approves a proposed rulemaking2 eliminating this requirement. However, applicants
will still be required to apply for TANF as a condition of ongoing Program eligibility.
Financial Plan Impact
Funds are sufficient in the proposed fiscal year 2025 through fiscal year 2028 budget and financial
plan to implement the resolution. Program spending cannot exceed budgeted levels. The rule change
will allow new participants to begin receiving benefits earlier, but it is not expected to change overall
1 D.C. Official Code § 4-251.02.
2 29 DCMR 6802.1 Grandparent Caregivers Pilot Program Subsidies Proposed Rulemaking, May 17, 2024.
1350 Pennsylvania Avenue, NW, Suite 203, Washington, DC 20004 (202)727-2476
www.cfo.dc.gov
The Honorable Phil Mendelson
FIS: “Grandparent Caregivers Eligibility Determination Rules Approval Resolution of 2024”, Draft resolution
as provided to the Office of Revenue Analysis on May 22, 2024.
participation. It is possible a determination for TANF could be denied after a Program applicant has
begun receiving benefits, but it is expected this will be a rare circumstance.
Page 2 of 2
GOVERNMENT OF THE DISTRICT OF COLUMBIA
OFFICE OF THE ATTORNEY GENERAL
Legal Counsel Division
MEMORANDUM
TO: Tomás Talamante
Director
Office of Policy and Legislative Affairs
FROM: Megan D. Browder
Deputy Attorney General
Legal Counsel Division
DATE: July 23, 2024
RE: Grandparent Caregivers Eligibility Determination Rules Approval Resolution of
2024
(AE-24-349)
_____________________________________________________________________________________
This is to Certify that the Office of the Attorney General has reviewed the
legislation entitled the “Grandparent Caregivers Eligibility Determination Rules Approval
Resolution of 2024” and determined that it is legally sufficient. If you have any questions, please do
not hesitate to call me at (202) 724-5524.
_________________________________
Megan D. Browder
1350 Pennsylvania Avenue, N.W., Suite 409, Washington, D.C. 20004 Phone (202) 724-5524 Email: megan.browder@dc.gov