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Minnesota Department of Human Services Child Care Assistance Program (CCAP) Policy Manual
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14.12.6 Disqualification for Fraud - Providers

ISSUE DATE: 04/2016

Disqualify child care providers who have committed an Intentional Program Violation (IPV). An IPV disqualification can be established by any of the following:

● Court conviction.

Signed Disqualification Consent Agreement (DCA) (PDF) (DHS-3429A).

Pre-trial diversion.

Administrative Disqualification Hearing (ADH) finding.

Signed Waiver of an Administrative Disqualification Hearing (ADH) (PDF) (DHS-3131A).

Court-ordered stay which carries with it any other probationary terms or conditions.

Disqualify the provider from receiving payments from any child care assistance program for the following lengths of time when the provider is found to have committed an IPV:

● One year for the first offense.

Two years for the second offense.

Permanently for any subsequent violation

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 lead to the dismissal of any ADH. The Child Care Provider Responsibilities and Rights DHS-4079-ENG (PDF) includes the penalty warning required for the ADH process.

If your county or tribe chooses to use an agency developed form for provider acknowledgement or authorization, you must include the penalty warning, and the responsibilities and rights listed in Child Care Provider Responsibilities and Rights DHS-4079-ENG (PDF). You must send any revised agency form to the Department of Human Services (DHS) for approval as part of your County and Tribal Child Care Fund Plan. Failure to include the penalty warning and the provider’s responsibilities and rights on the county or tribal form will lead to the dismissal of any ADH process that your agency brings against child care providers accused of IPV by your county or tribe.

When you receive notification of an IPV determination, send the participant a 15-day notice of provider deactivation and send the provider the Child Care Assistance Program (CCAP) Notice of Program Disqualification for CCAP Providers DHS-3134A-ENG (PDF) to disqualify the provider and end child care assistance payments. See Chapter 12 (Notices).

This disqualification is not appealable through an administrative hearing. The disqualification is only appealable through district or appellate court. The effective date of the disqualification period is the date of the IPV determination (a signed Disqualification Consent Agreement or Adminstrative Disqualification Hearing Waiver or court/Adminstrative Disqualification Hearing decision) or the effective date of the CCAP termination notices, whichever is later. The disqualification period for any child care assistance program must extend to all child care assistance programs and must be immediately applied. Record conviction and disqualification information and have copies of supporting documents (including conviction information) in the provider file.



LEGAL AUTHORITY

Minnesota Statutes 256.98

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