Waiver policy

Minnesota law allows the commissioner of the Department of Human Services (DHS) to waive Child Care Assistance Program requirements when a disaster or emergency occurs. A CCAP agency may request a waiver from DHS when a disaster or emergency occurs.

When requirements can be waived

Requirements can be waived for up to nine months after a disaster in areas where a federal disaster has been declared or the governor has exercised authority during a disaster or emergency under chapter 12.

Requirements can be waived retroactively to the date of the disaster or emergency.

Process for requesting a waiver

When a federal disaster is declared or the governor exercises authority under chapter 12, a CCAP agency may request a waiver from DHS.

To request a waiver:

· Contact your CCAP Policy Specialist to discuss possible waivers.

· Submit a written request to DHS specifying the details of the waiver request including waived requirements, the rationale for waiving requirements, and for how long the requirements will be waived.

· DHS will review the request and follow up with the CCAP agency with questions or clarifications.

· DHS will approve or deny the request and notify the CCAP agency in writing.

· If the request is approved, DHS will notify the chairs of the house representatives and senate committees with jurisdiction over the Child Care Assistance Program and the house of representatives Ways and Means Committee within five business days after granting the waiver.

Examples

Examples of disasters or emergencies where a waiver may be needed include tornados, floods, fires, or disease outbreaks.

Examples of requirements that may need to be waived include:

· Activity requirements if the disaster or emergency prevents the family from working or going to school.

· Verification requirements if documents are destroyed in a disaster.

Legal authority

Minnesota Statutes 119B.26