Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Conditions for termination of child care assistance.
A. A county or Tribe may terminate child care
assistance of a family receiving child care assistance when the county or Tribe
receives:
(1) a revised allocation from the
child care fund that is smaller than the allocation stated in the notice sent
to the county or Tribe under part
3400.0060, subpart 2;
and
(2) such short notice of a
change in the county's or Tribe's allocation that the county or Tribe is unable
to absorb the difference in the allocation. The county or Tribe must consult
with and obtain approval from the commissioner before terminating child care
assistance for a family under this subpart.
B. If the conditions described in item A
occur and a county or Tribe terminates child care assistance for a family, the
county or Tribe must give the family notice as required by part
3400.0185, subpart 12, and
terminate assistance to each family in the order of the most recent approval
date of eligibility at application, including first-time participants and
participants who previously received child care assistance and experienced a
break in service and reapplied. When funds become available, a county or Tribe
must first determine the eligibility of families whose child care assistance
was terminated due to insufficient funds before the county or Tribe approves
the eligibility of new applicants.
Subp. 2.
Conditions under which
termination of child care assistance is required.
A. A CCAP agency must terminate a family's
eligibility for child care assistance under the following conditions:
(1) when the family asks the CCAP agency to
terminate the family's eligibility for child care assistance;
(2) when the family is no longer eligible to
receive child care assistance under this chapter and Minnesota Statutes,
chapter 119B; or
(3) when a member
of the family has been disqualified from the child care assistance program
under Minnesota Statutes, section
256.98,
subdivision 8, paragraph (b).
B. During the 12-month eligibility period, a
CCAP agency must terminate a family's eligibility for child care assistance
under any of the following conditions:
(1)
the family's income exceeds 85 percent of the state median income;
(2) the family's assets exceed
$1,000,000;
(3) the extended
eligibility period ends and the parentally responsible individual has no
authorized activity;
(4) the
parentally responsible individual uses all available job search hours outside
of an employment plan under Minnesota Statutes, section
119B.10,
subdivision 1, and the parentally responsible individual has no authorized
activity;
(5) the family does not
pay a copayment;
(6) the family
moves out of the state;
(7) there
are no eligible children in the family's household;
(8) the only parentally responsible
individual in the household has been temporarily absent for more than 60 days
and the parentally responsible individual has no authorized activity or the
extended eligibility period ends;
(9) the family's temporary ineligibility
period expires; or
(10) the
family's one year suspension period expires.
C. At redetermination, a CCAP agency must
terminate a family's eligibility for child care assistance under any of the
following conditions:
(1) the family's income
exceeds 67 percent of the state median income;
(2) the family's assets exceed
$1,000,000;
(3) the family is not
in an authorized activity that meets any applicable minimum participation
requirements;
(4) the family is not
cooperating with child support;
(5)
the CCAP agency has not received the family's redetermination form and all
required eligibility Verifications by the last day of the redetermination
period;
(6) the family's temporary
ineligibility period has expired;
(7) the family's one year suspension period
has expired; or
(8) the family's
only child who is eligible for child care assistance is 13 years of age or
older or 15 years of age or older when the child has a documented
disability.
Subp.
3. [Repealed, 33 SR695]
Subp.
4. [Repealed, 33 SR695]
Subp.
5.
effective date of disqualification period for
families.
The effective date of a disqualification period for a family is
the later of:
A. the date that the
family member was found guilty of wrongfully obtaining or attempting to obtain
child care assistance by a federal court or a state court, or an administrative
disqualification hearing determination or waiver; through a disqualification
consent agreement; as part of an approved diversion plan under Minnesota
Statutes, section
401.065;
or as part of a court-ordered stay with probationary or other conditions;
or
B. the effective date of the
child care assistance program termination notice.
Subp. 6.
effective date of
disqualification period for child care provider.
The effective date of a disqualification period for a child
care provider is the later of:
A. the
date that the child care provider was found guilty of an intentional program
violation or wrongfully obtaining child care assistance by a federal court, a
state court, or an administrative disqualification hearing determination or
waiver; through a disqualification consent agreement; as part of an approved
diversion plan under Minnesota Statutes, section
401.065;
or as part of a court-ordered stay with probationary or other conditions;
or
B. the effective date of the
child care assistance program termination notice.