Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
148 - OFFICE OF CHILD AND FAMILY SERVICES
Chapter 6 - CHILD CARE SUBSIDY POLICY MANUAL
Section 148-6-10 - TERMINATION OF SERVICES
Universal Citation: 10 ME Code Rules ยง 148-6-10
Current through 2024-13, March 27, 2024
A. Termination of Child Care Services by a Parent
1. The Parent may immediately terminate the
Child Care Services with his/her Child Care Provider for failure of the Child
Care Provider to allow Parents unlimited access to his/her Child(ren), unless
access has been limited by a court order. Child Care Services may be terminated
by the Parent due to an allegation of child care license/certification
violation or child abuse and neglect investigated by the Department.
Substantiated parental complaints regarding child care providers will be
provided to the public upon request by the Department. All inspection and
monitoring reports are available to the Child Care Choices website
https://childcarechoices.me/.
B. Termination of Child Care Subsidy to the Parent by the Department
1. The
Department will terminate Child Care Subsidy when:
a. The Parent has Misrepresented his/her
eligibility information;
b. The
Parent receiving Child Care Subsidy is no longer a Maine Resident;
c. The available Child Care Subsidy funding
is reduced;
d. The State program
changes which have been implemented through a rulemaking procedure, in
accordance with the Administrative Procedure Act;
e. There are changes in the CCDF State plan
or other policies, when those decisions have provided for adequate public
notice; and
f. A Child Care
Provider has given adequate notice to all Parents that Child Care Service(s)
are to be terminated at the end of a specified period due to discontinuance of
the Child Care Provider's Child Care Service.
2. The Department must:
a. Give written notice to the Parent(s) at
least twelve (12) calendar days prior to the effective date of the
termination;
b. Retain copies of
all notices to terminate Child Care Services in the Parent's file;
c. The written notice to terminate shall
contain the following:
i. The date of the
termination;
ii. The reason(s) for
the termination;
iii. Reference to
the specific rules or regulations supporting the termination;
iv. Explanation of the Parent's right to
request (in writing) a conference with the Department and/or an Administrative
Hearing; and,
v. The time frame
within which the conference and/or Administrative Hearing request must be
submitted, for Child Care Services to continue.
d. Furnish the Child Care Provider a copy of
the Notification of Termination issued to the Parent;
e. Use an alternative form of notification
when sensitive information should not be shared with the Child Care Provider;
and
f. Furnish the Caseworker with a
copy of the Notification of Termination if the Child was referred by a
Caseworker.
C. Notification of Termination
A Parent, Child Care Provider, Caseworker on behalf of a Child that is in the Care and Custody of the Department, referred by a Caseworker who chooses to terminate Child Care Services will be required to submit to the Department, a twelve (12) calendar day written Notification of Termination. Notice may additionally be made in person, or by direct telephone contact.
1. Parents must give the
Child Care Provider a written twelve (12) calendar day notice when they are
going to terminate Child Care Services. The Department must receive a copy of
this notice.
2. Parents who fail to
give the Child Care Provider a written twelve (12) calendar day notification
that Child Care Services are being terminated will pay the Child Care Provider
the assessed Parent Fee for each day of Child Care Services during the twelve
(12) calendar day notification period that his/her child care spot remains
vacant.
3. If the Parent fails to
give the required notice, the Department will pay the Child Care Provider for
each service day short of the notification period and only for the days that
the Parent's child care spot is vacant. The Department will not pay the Parent
Fee.
4. If the Department pays the
Child Care Provider when the Parent fails to give the required notice, the
Department will not pay a second Child Care Provider on behalf of the Parent
for the same Child and for the same period of time.
5. Other than situations otherwise noted
under, "Termination of Child Care Services by a Parent," the Parent must leave
the Child Care Provider in Good Standing or the Child Care Subsidy may not
continue with a new Child Care Provider.
6. A twelve (12) calendar day Notification of
Termination may be waived when mutually-agreed upon between Parent and Child
Care Provider.
7. Notification of
Termination by the Department by phone, mail, or email, will constitute the
beginning of the twelve (12) calendar day Notification of
Termination.
Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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