Page 123
______________________________________________________________________ DIVISION OF WELFARE AND SUPPORTIVE SERVICES Child Care Policy Manual Form 6021-AF, Administrative Disqualification/Penalty Waiver, is the only form used to pursue an administrative penalty for IPVs. Included in this form are the: • Program and Violation Penalty; • Violation Summary; • Rights of the Accused Individual; and • Waiver of Right to Administrative Disqualification Hearing/ Acceptance of Penalty 722 IPV Penalty Methods There are three separate methods by which the accused individual may be penalized, they are: 1. Acknowledgment and voluntary acceptance of the disqualification penalties by the accused individual, by signing the Administrative Disqualification Hearing/Penalty Waiver; 2. By formal order of a DWSS hearings officer after conclusion of the Administrative Disqualification Hearing (ADH) process; 3. By conviction in a criminal court for any offense related to violation of Child Care program rules or by order of a criminal court. 723 IPV Penalties Accused individuals found to have committed an IPV through one of the methods described in manual section 720 are penalized as follows: NON-NEON CUSTOMER PENALTIES Child care subsidy benefits are decreased by 2 subsidy percentage steps for a period of 6 calendar months for the first occurrence, 3 subsidy percentage steps for 12 calendar months for the second occurrence and the household is permanently disqualified from the receipt of child care assistance for the third occurrence. Example: The household qualifies at 95% at-risk subsidy and they are convicted of a child care first occurrence IPV, the maximum subsidy percentage paid by the Child Care Program would be 80%. If the IPV penalty takes the household out of an eligible funding category, the household would be ineligible for the length of the IPV period. Exception: Foster/CPS cases will be paid at the reduced subsidy percentage for the duration of the penalty period. NEON CUSTOMER PENALTIES NEON customers are eligible for child care subsidy benefits based on a NEON Child Care Referral, therefore if a child care IPV is identified it will be imposed by the TANF program rather than the Child Care and Development Program. All adults in a TANF NEON case are required to participate in NEON work activities, unless otherwise exempt, and therefore are entitled to child care as a NEON support service without a penalty. 700- Program Violations, Overpayments, Hearings [5] MTL 01/24 July 1, 2024