Page 433

Child Care Assistance Program Policy Manual Issued 10/2019 Disqualification for wrongfully obtaining child care assistance - Providers 13.9 Disqualify child care providers who have committed an Intentional Program Violation (IPV) or have been found to have wrongfully obtained child care assistance as established by any of the following: • Court conviction • Signed Disqualification Consent Agreement (DCA) DHS-3429A (PDF). • Pre-trial diversion • Administrative Disqualification notice (not appealed within 30 days) • Administrative Disqualification Hearing (ADH) finding (after an appeal) • Court-ordered stay which carries with it any other probationary terms or conditions. Do NOT disqualify a provider from CCAP unless an IPV has been established through one of these methods. Disqualify the provider from receiving CCAP payments for the following lengths of time when the provider is found to have committed an IPV or to have wrongfully obtained child care assistance: • Three years for the first offense • Permanently for any subsequent violation. Notices and termination You must inform the child care provider of their responsibilities and rights and of the penalties for intentional program violations. Failure to give a provider this penalty warning will invalidate any Administrative Disqualification. The Child Care Provider Responsibilities and Rights DHS-4079-ENG (PDF) includes the penalty warning required for the Administrative Disqualification.

Once an IPV has been established, send the Child Care Assistance Program (CCAP) Notice of Program Disqualification for CCAP Providers DHS-3134A-ENG (PDF), and if the provider’s registration is open, send a 15 day notice. See Chapter 12 (Notices). Appeals and reversals Once an IPV has been formally established, the disqualification is not appealable through an administrative hearing. The disqualification remains in effect, without possibility of administrative stay, unless the underlying basis is later reversed by a court of appropriate jurisdiction. Effective date of disqualification The effective date of the disqualification period is the later of: