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______________________________________________________________________ DIVISION OF WELFARE AND SUPPORTIVE SERVICES Child Care Policy Manual • Committed any act that violates NRS 422A.700 or intentionally violated any rule or regulation established by the DWSS; • Made an attempt to obtain, increase or continue child care benefits for themselves or others to which they would otherwise not be entitled; • Received child care benefits to which they would otherwise not be entitled; • Failed to comply with reporting requirements as set forth in manual sections 100 and 500; • Submitted a false document to the Child Care and Development Program Staff and/or DWSS; • Altered a Child Care Certificate to receive benefits to which they would not otherwise be entitled to. These actions do not have to result in a claim. If there is potential for erroneous benefits being issued, an IPV may exist. Reference should be made to this manual section for issues/events not addressed in this chapter. Intent may be demonstrated in a number of ways, such as: • The accused individual had reason to know or had knowledge of the information withheld or misrepresented; • The accused individual failed to report or clarify the information withheld or misrepresented during contact with DWSS or Child Care contractor staff, either in person, by mail, by phone, FAX or Electronic Mail; • The accused individual has demonstrated the ability to report or clarify required information in the past; or • The accused individual has a history of previous program violations and/or customer caused claims. The Division of Welfare and Supportive Services (DWSS) bears the responsibility of proving program violations are intentional acts by the accused individual; however, the presumption of intent may be overcome by the accused when the accused individual can bring forth clear and convincing evidence to rebut the allegation. The following acts are illustrative but not exclusive: • Concealing or misrepresenting – identity, Social Security number, employment information, paternity information, pregnancy information, marital status, persons living in the home, income, residency, non-custodial parent information, citizenship, household members temporary absence from the home, receipt of public or government assistance, child support issues, medical conditions of persons living in the home, lump sum disbursements, winnings, subsidized housing, prior IPVs or any other information specifically addressed on the child care assistance application. • Altering, forging, duplicating or transferring of Child Care program forms, checks, affidavits, or any documents submitted to the Child Care program and/or the DWSS. • Misuse of child care services. Note: The applicant or customer’s eligibility will not be compromised based solely on the Division’s pursuit of a penalty action. If all other eligibility requirements are met, the accused individual remains eligible pending the outcome of the administrative penalty action. Recovery of incorrectly paid benefits is not interrupted or affected by the pursuit of the administrative penalty action. 721 IPV Forms 700- Program Violations, Overpayments, Hearings [4] MTL 01/24 July 1, 2024