Make payments directly to the family when a provider cares for children in the children’s own home. This applies whether the provider is licensed or legal nonlicensed (LNL).

CCAP prohibits child care assistance to be paid to a provider that resides in the same household or occupies the same residence as the child.

CCAP only allows child care assistance for care authorized in the child’s home if the child’s parents have authorized activities outside of the home (or in a two parent household, one parent has been determined unable to care) and if one or more of the following circumstances are met:

1. The parents’ qualifying activity occurs during times when out-of-home care is not available or when out-of-home care would result in the disruption of the child’s nighttime sleep schedule. If the child care is needed during any period when out-of-home care is not available, in-home care can be approved for the entire time care is needed

OR

2. The family lives in an area where out-of-home care is not available

OR

3. A child has a verified illness or disability that would place the child or other children in an out-of-home facility at risk or creates a headship for the child and the family to take the child out of the home to a child care home or center.

See Chapter 11.27 (In-Home Child Care Requests and Provider Information) for in-home child care request instructions.

If the provider is licensed at an address where the child does not live, but the provider provides care for a child in the child’s home, the provider is providing legal nonlicensed care for that child and, for that care, should be paid up to the maximum legal nonlicensed provider rate when the parent meets the above listed criteria for authorized activities and is approved by the Department of Children, Youth, and Families (DCYF).

When your agency pays the parent(s) and he/she fails to pay the provider, the family is ineligible for child care assistance until:

· The payment is made.

OR

· The family reaches an agreement for payment with the provider and the county.

AND

· The family continues to comply with the payment agreement.

Do NOT require the family to pay providers in advance of receiving payment from the child care fund as a condition for receiving these payments.

Monitor these payments to ensure funds are used for child care, following your agency’s established process.

The family is responsible for meeting any employer-related requirements when the care is provided in the child’s home.

A 1099 form is issued by DHS to the in-home provider at the end of the year. See Chapter 9.3 (Payments to Providers) for information about tax form issuance.

Fact Sheets on minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA) are available at www.dol.gov/whd. Give these fact sheets to all people who employ in-home child care providers.

Legal authority

Minnesota Statutes 142E.10, subds. 8, 11 and 14
Minnesota Rules 3400.0110, subp. 1
Minnesota Rules 3400.0035, subp. 9
Minnesota Rules 3400.0040, subp. 6a