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_____________________________________________________________________________ DIVISION OF WELFARE AND SUPPORTIVE SERVICES Child Care Policy Manual a. First Violation – the provider will be suspended from the Child Care and Development Program for 90 days and will be ineligible for payment for any childcare provided to subsidy families during the sanction period. b. Second Violation – the provider will be suspended from the Child Care and Development Program for 180 days and will be ineligible for payment for any childcare provided to subsidy families during the sanction period. c. Third Violation – the provider will be permanently terminated from the Child Care and Development Program. Note: If it is determined by the DWSS Investigations Unit that a provider made false/misleading statement(s) and/or concealed/withheld facts in order to establish/maintain eligibility for a customer or to obtain payment for care that they were not entitled to, the Child Care Agency Manager can choose to impose a more stringent penalty period than those listed above or may terminate the provider immediately. Additionally, the provider may be criminally prosecuted or otherwise penalized according to state and federal law. 4. The penalty period start date must allow for a 14-day administrative review period and a 10-day notification to the subsidy participant(s). The day after the request date is the first day of the 10­ day period. Example: Notification is mailed to the provider on 06/05 that a 90-day suspension program penalty will be imposed. Allowing for 25 days, the penalty period will start on 6/29 and end on 9/26. (This is 14 days for the administrative review, one day to send notification to the participant and 10 days for the participant to respond.) a. If a request for an administrative review has not been filed at the end of the 14-day period, notification will be sent to all participating households to decide whether to terminate their subsidy case or select a new provider. b. If a request for an administrative review is filed by the end of the 14-day period and there is no request for continued services as a provider, notification will be sent to all participating households allowing them 10 days to decide whether to terminate their subsidy case or select a new provider. c. If a request for an administrative review is filed by the end of the 14-day period and an eligible provider request continued services, child care services will continue until a decision is made by the DWSS Child Care Agency Manager. Notifications will not be sent to the households until the Agency Manager validates the provider penalty is appropriate. d. Child Care staff submits the provider’s request for an administrative review and any substantiating evidence to the Child Care Agency Manager. The Agency Manager will review the evidence and provide a written decision to the appropriate Child Care staff. e. A copy of the Manager’s written decision will be placed in the provider’s file and a copy will be sent to the provider. If the Manager disagrees with the penalty findings, the provider’s services with the Child Care and Development Program will continue without interruption. If the Manager agrees with the penalty findings, Child Care staff will send notification to all participating households allowing them 10 days to decide whether to terminate their subsidy case or find a new provider. Child Care staff will send an updated Provider Penalty Notification form with the new timeframe for the penalty, including the 10-day notice to the subsidy households. 600-Provider Information [24] MTL 01/24 July 1, 2024