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• Child abuse or neglect; • A crime against children, including child pornography; • Spousal abuse; • A crime involving rape or sexual assault; • Kidnapping • Arson; • Physical assault or battery; or • Has been convicted of a violent misdemeanor committed as an adult against a child including the following crimes: child abuse, child endangerment, sexual assault, or of a misdemeanor involving child pornography.

Notification is also sent from the BCP to the CCPO or Designee as the oversight agency. The BCP notification letter is printed for the provider’s case file.

The individual identified with a barring crime or condition may request redetermination from the BCP of their eligibility determination if they believe the information is incorrect or if they are not the individual identified.

When the provider, a household member, or the In-home caregiver is identified with a barring crime or condition, the provider’s Child Care Assistance Program application is denied and the Child Care Assistance Provider Application - Denied notice is sent. The notice advises the individual that they may apply for a variance, or the provider may request a variance on their behalf. The individual may not apply for a variance if the barring crime or condition is identified in 45 CFR 98.43 (a) (2) 45 CFR 98.43 (c) (1). The Designee will complete the Background Check Program NABCS: CCPO Provider/ Facility Account form and submit it to the BCP requesting the provider facility be closed in NABCS.

If the provider, household member, or the in-home caregiver is identified with a barring crime or condition after the provider has been approved, the provider is no longer eligible to participate in the program. If the individual with the barrier is a household member or the in-home caregiver, the provider may continue participation upon verifying the barred individual is no longer in the home. The provider is to be sent a Child Care Assistance Provider – End of Approval Status notice and informed of their right to apply for a variance. A variance may not be requested for barring crimes or conditions identified in 45 CFR 98.43 (a) (2) 45 CFR 98.43 (c) (1).