Current through Register 1531, September 27, 2024
Parents aggrieved by the denial or termination of their DTA
authorization for a child care financial assistance may request a fair hearing
on the matter from DTA in accordance with DTA regulations and policies. Parents
aggrieved by the denial or termination of their eligibility for DCF-related
child care services may request a fair hearing on the matter from DCF in
accordance with DCF regulations and policies. All others whose financial
assistance is terminated or denied may request EEC to review the decision
through the EEC Review Process, as specified at
606
CMR 10.11.
(1)
Reasons for
Denial. In accordance with EEC policies, EEC may deny child care
financial assistance for the following reasons:
(a) lack of service need;
(b) lack of financial eligibility including,
but not limited to, exceeding income or asset limits;
(c) outstanding unpaid parent fee
balance;
(d) failure to submit the
required documentation at authorization or reauthorization in accordance with
606
CMR 10.03(1);
(e) Substantiated Fraud;
(f) disqualification pursuant to
606
CMR 10.12;
(g) non-approved break in care; or
(h) residency outside of the Commonwealth in
accordance with
606
CMR 10.03(1)(c).
(2)
Reasons for
Termination. EEC child care financial assistance may be terminated
due to the following:
(a) lack of service
need;
(b) Intentional Program
Violation;
(c) Substantiated
Fraud;
(d) residency outside of the
Commonwealth in accordance with
606
CMR 10.03(1)(c).
(e) income exceeding limits detailed in
606
CMR 10.04(2)(a)1.;
or
(f) non-approved break in
care.
(3)
Notice. Whenever financial assistance is being denied
or terminated, EEC or the Family Access Administrator must give the parent(s)
written notice of the denial or termination and the option to request a review
of the action through EEC's review process and to request continuation of child
care financial assistance services pending the outcome of the review and, if
necessary, Informal Hearing. EEC or the Family Access Administrator shall use a
notice provided or prescribed by EEC and shall provide the parent with the
notice immediately upon the decision to deny child care financial assistance or
at least 14 calendar days before the effective date of the termination.
At a minimum, the notice shall include the following:
(a) a clear and plain statement of the action
to be taken;
(b) the effective date
of the action;
(c) an explanation
of the reason(s) for the action;
(d) the regulation or other legal authority
on which the action is based;
(e)
contact information to obtain further information related to the
action;
(f) an explanation of the
right to request a review;
(g) an
explanation of the continuation of child care financial assistance pending the
outcome of the review and, if necessary, Informal Hearing;
(h) a copy of the request for review
process;
(i) the circumstances
under which child care financial assistance may continue pending the outcome of
a review, if applicable;
(j) a
notice of the right to be represented during the request for review and
informal hearing process; and
(k)
contact information for the EEC unit that receives appeal requests.
All notices required by EEC regulation and policy will be
deemed adequately served if they are mailed via regular mail
to parents at their last known address, or if they are otherwise mailed or
delivered to parents via the parents' preferred method of
delivery based on the contact information that they maintain with their Family
Access Administrator.
(4)
Continuation of Child Care
Financial Assistance Pending Request for Review and Request for Informal
Hearing
(a) Child care financial
assistance shall continue after receipt of a notice of termination or denial at
reauthorization pending the outcome of the request for review and, if
necessary, Informal Hearing if the parent:
1.
submits to EEC a request for review, which shall serve as a request for the
continuation of child care financial assistance, prior to the effective date of
the termination or denial of the child care financial assistance;
2. takes appropriate action to resolve any
unpaid fee balance under
606
CMR 10.12(1) which caused
the notice of termination prior to the effective date of the notice.
3. at all times during the review process,
including any Informal Hearing, if necessary, keep all undisputed fee payments
current; and
4. at all times during
the review process, including any Informal Hearing, if necessary, ensure that
the child continues to attend care in accordance with the child's
Authorization.
(b) If
the denial was issued at an initial authorization, child care financial
assistance shall not be available during the request for review or Informal
Hearing process.
(c) Child care
financial assistance that is continued pending the outcome of a request for
review or an Informal Hearing, and any unpaid fee balance, are subject to
recoupment by EEC in cases where fraud is substantiated.
