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Child Care Assistance Program Policy Manual Issued 05/2023 Adverse Action Notices – Family 12.3.9 Notify applicants of approval or denial of eligibility for child care assistance. See Chapter 12.3.3 (Approval Notices - Family) and Chapter 12.3.6 (Denial Notices - Family). Send a notice of adverse action when: • Authorized hours are reduced. • Copayment increases at redetermination. • An education plan is denied. • The family’s provider loses eligibility. • An overpayment will be recouped. • Eligibility is terminated. Provide the required 15-day adverse action notice for all negative actions except when adverse action notice requirements are waived. See Chapter 12.1 (15-Day Notice Requirements) for the exceptions. See Chapter 12.3.12 (Termination Notices - Family). Notice to families of adverse action Families must be given a 15 calendar day notice when an adverse action is taken on their case. See Chapter 12.1 (15-Day Notice Requirements) for the exceptions. The adverse action notice includes: • A description of the action you’re taking on the case. • The effective date of the action. • The reason for the action. • The basis for your action in statute, rule or your County and Tribal Child Care Fund Plan. • The right to appeal and receive a fair hearing and the procedure for doing so. • The choices available if they choose to appeal: - Continue to receive child care assistance at the previous level while the appeal is pending, and be responsible for any overpayments that may result. OR
- Accept the adverse action being taken, and potentially receive reimbursement for child care expenses incurred while the appeal is pending, if the family wins the appeal. If the family corrects the condition requiring the adverse action before the effective date of the adverse action, the adverse action must not take effect. When an action is not adverse When the action is not adverse, a 15-day notice is NOT required. Make the change as soon as possible. Reasons can include increased authorized hours, decreased copayment, and continuation of payment awaiting appeal decision. A notice must be sent indicating the effective date of the change.