Disqualify families who have committed an Intentional Program Violation (IPV). An Intentional Program Violation (IPV) disqualification can be established by any of the following:
● Court conviction.
● Signed Disqualification Consent Agreement (DCA) (PDF) (DHS-3429)
● Pre-trial diversion.
● Administrative Disqualification Hearing (ADH) finding.
● Signed Waiver of an Administrative Disqualification Hearing (ADH) (PDF) (DHS-3131).
● Court-ordered stay which carries with it any other probationary terms or conditions.
Disqualify the entire family from receiving benefits for the following lengths of time when a member or members of a family receiving child care assistance is found to have committed an Intentional Program Violation:
● 1 year for the 1st offense.
● 2 years for the 2nd offense.
● Permanently for any subsequent violation.
When you receive notification of the IPV determination, send the Notice of Program Disqualification (PDF) (DHS-3134) to disqualify the family, and a Child Care Assistance Program termination notice to end assistance. The disqualification period for any child care assistance program must extend to all child care assistance programs and must be immediately applied allowing for a 15-day notice. See Chapter 12 (Notices). This disqualification is not appealable through an administrative hearing. The disqualification is appealable only through district or appellate court action. Once imposed, the disqualifications remains in effect, without possibility of administrative stay, unless and until the findings upon which the penalty was based are subsequently reversed by a court of appropriate jurisdiction.
The effective date of the disqualification period is the date of the Intentional Program Violation determination (if signed Disqualification Consent Agreement or Adminstrative Disqualification Hearing Waiver, court/Adminstration Disqualification Hearing decision) or the effective date of the Child Care Assistance Program termination notice, whichever is later.
An Intentional Program Violation determination through any of the prescribed administrative or judicial options settles all prior disclosed and undisclosed violations from the standpoint of imposing disqualification penalties and is effective with the date of determination of the Intentional Program Violation. There still may be claims established against the family for any overpayments that are cited for the prior time period(s).
Record conviction and disqualification information and copies of supporting documents (including conviction information) in the case file. If a disqualified family moves from one county to another, include disqualification information in the case referral. See Chapter 8.12 (Moving Between Counties).
Families disqualified from the Minnesota Family Investment Program (MFIP) due to an Intentional Program Violation are NOT barred from receiving child care assistance. When an MFIP recipient is disqualified from MFIP due to fraud, the family is no longer eligible for MFIP child care assistance. The family may be eligible for Basic Sliding Fee (BSF) and the worker will need to recover any overpayment that may have resulted while the family was on MFIP child care assistance.
The disqualified family may be placed on a child care waiting list if all factors used to determine eligibility for the waiting list are met. If the family’s name rises to the top of the waiting list during the period of disqualification, they should receive the same treatment as other participants who are deemed temporarily ineligible at the time that they rise to the top of the waiting list.
Families disqualified for fraud in another state remain disqualified in Minnesota.
Minnesota Rules 3400.0183
Minnesota Statutes 256.98