Minnesota Administrative Rules
Agency 196 - Human Services Department
Chapter 3400 - CHILD CARE FUND
Part 3400.0185 - NOTICE REQUIREMENTS.
Universal Citation: MN Rules 3400.0185
Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1. [See repealer]
Subp. 2. [See repealer]
Subp. 3. [See repealer]
Subp. 4. [See repealer]
Subp. 5. [See repealer]
Subp. 6. Notice of eligibility approval to family.
A CCAP agency must notify a family in writing of the CCAP agency's approval of the family's eligibility.
A. The approval notice must include:
(1) the date that the family's eligibility
began;
(2) the family's gross
annual income as determined under part
3400.0170;
(3) the family's copayment amount, including
how and when the family must pay the copayment;
(4) the family's responsibility for paying
child care provider charges that exceed the maximum amount of child care
payments in addition to the copayment;
(5) the reporting requirements under part
3400.0040, subpart 4;
and
(6) the provisions for
recoupment or recovery of an overpayment if the family does not meet the
reporting requirements in subitem (5).
B. The approval notice must state that once a
family selects a child care provider who is eligible to receive payment from
the child care fund, the child care provider and the family will receive notice
from the CCAP agency stating the number of hours of child care that the CCAP
agency authorizes and the maximum rate payable under the child care
fund.
C. The approval notice must
state that, except in cases in which the license of a child care provider
licensed by Minnesota has been temporarily immediately suspended under
Minnesota Statutes, section
245A.07, or in which
there is an imminent risk of harm to the health, safety, or rights of a child
in the care of a legal nonlicensed child care provider, Certified
license-exempt child care center, or child care provider licensed by an entity
other than the state of Minnesota, the family must report any change in child
care provider to the CCAP agency and the child care provider at least 15
calendar days before the change occurs and include the overpayment implications
for not reporting the change.
D.
The approval notices must state that when a CCAP agency terminates a
participant's child care assistance eligibility, the CCAP agency must inform
the participant of the reason for the termination and the participant's appeal
rights.
Subp. 7. Notice of eligibility denial to family.
A CCAP agency must notify a family in writing of a denial of a family's eligibility. The denial notice must include:
A. the reason for the denial;
B. the provision in statute, rule, or the
CCAP agency's child care fund plan that forms the basis of the denial;
and
C. the parentally responsible
individual's right to a fair hearing under part
3400.0230 and Minnesota Statutes,
section
119B.16.
Subp. 8. Notice of authorization to family.
A CCAP agency must notify a family in writing when the CCAP agency authorizes a family's child care with a child care provider that meets the criteria in part 3400.0120, subpart 1. The authorization notice must include:
A.
the family's name;
B. a statement
that the CCAP agency approves of the family's request for child care
assistance;
C. the number of hours
of child care that the CCAP agency authorizes per service period;
D. the maximum rate payable under the child
care fund;
E. the number of absent
days that the CCAP agency has paid for the child during the calendar year as of
the date of the notice; and
F. the
amount of the family's copayment.
Subp. 9. Notice of authorization to child care provider.
A CCAP agency must notify a child care provider in writing when the CCAP agency approves of a family's eligibility and authorizes child care with a child care provider that meets the criteria in part 3400.0120, subpart 1. The authorization notice must include:
A.
the family's name;
B. a statement
that the CCAP agency approves of the family's request for child care
assistance;
C. the number of hours
of child care that the CCAP agency authorizes per service period;
D. the maximum rate payable under the child
care fund;
E. the number of absent
days that the CCAP agency has paid for the child during the calendar year as of
the date of the notice;
F. how the
CCAP agency will issue child care assistance payments to the child care
provider; and
G. the amount of the
family's copayment.
Subp. 10. Notice to family of adverse action.
A. A CCAP agency must give a participant
written notice of any action that adversely affects the participant's child
care assistance eligibility or authorization.
B. The notice must include:
(1) a description of the adverse
action;
(2) the effective date of
the adverse action;
(3) the reason
for the adverse action;
(4) the
provision in statutes, rules, or the CCAP agency's child care fund plan that
supports the adverse action;
(5) a
statement that the participant has the right to appeal the adverse action and
the procedure for an appeal; and
(6) a statement that if the participant
appeals the adverse action before the effective date of the action, the
participant may:
(a) continue receiving the
same level of benefits while the appeal is pending, subject to recoupment or
recovery if the adverse action is upheld; or
(b) receive the level of benefits indicated
by the adverse action while the appeal is pending and have an eligible child
care provider under part
3400.0120, subpart 1, receive
reimbursement for documented eligible child care expenditures pending appeal if
the adverse action is reversed when the child care provider bills according to
Minnesota Statutes, section
119B.13,
subdivision 6, paragraphs (a) to (c).
C. A CCAP agency must mail the notice to the
participant's last known address at least 15 calendar days before the effective
date of the adverse action.
D. If
the participant corrects the conditions underlying the adverse action before
the effective date of the adverse action, the adverse action must not take
effect.
Subp. 11. Notice to child care provider of action adverse to family.
A CCAP agency must give a child care provider written notice of a reduction in the hours of authorized child care or an increase in the family's copayment. A CCAP agency must mail the notice to the child care provider at least 15 calendar days before the effective date of the adverse action and include:
A. the family's
name;
B. a description of the
adverse action that omits information about the reasons for the adverse
action;
C. the effective date of
the adverse action; and
D. a
statement that unless the family appeals the adverse action before the
effective date, the adverse action will occur on the effective
date.
Subp. 12. Notice of termination of child care assistance to family.
A. A CCAP agency must notify a participant in
writing of the termination of the participant's child care assistance. The
notice must include:
(1) the date that the
termination is effective;
(2) the
reason that the CCAP agency is terminating the participant's child care
assistance;
(3) the provision in
statutes, rules, or the CCAP agency's child care fund plan that supports
terminating the participant's assistance;
(4) a statement that the participant has a
right to appeal the termination and the procedure for an appeal; and
(5) a statement that if the participant
appeals the proposed action before the effective date of the termination, the
participant may:
(a) continue receiving the
same level of benefits while the appeal is pending, subject to recoupment or
recovery if the termination is upheld; or
(b) not receive benefits while the appeal is
pending and have an eligible child care provider under part
3400.0120, subpart 1, receive
reimbursement for documented eligible child care expenditures made or incurred
pending appeal if the termination is reversed when the child care provider
bills according to Minnesota Statutes, section
119B.13,
subdivision 6, paragraphs (a) to (c).
B. A CCAP agency must mail the notice to the
participant's last known address at least 15 calendar days before terminating
the participant's child care assistance.
C. If the CCAP agency terminates the
participant's child care assistance under part
3400.0183, subpart 2, item A,
subitem (1), and, before the effective date of termination, the participant
requests to continue receiving child care assistance, the termination must not
take effect. If a CCAP agency terminates the participant's child care
assistance under part
3400.0183, subpart 2, item A,
subitem (2), and, before the effective date of termination, the participant
reestablishes eligibility for child care assistance, the termination must not
take effect.
Subp. 13. Notice of termination of child care assistance to child care provider.
A. A CCAP agency must notify
a family's child care provider in writing when a CCAP agency terminates a
family's child care assistance. The CCAP agency must mail the termination
notice to the child care provider at least 15 calendar days before the
effective date of the termination and include:
(1) the family's name;
(2) a statement that the CCAP agency has
terminated the family's child care assistance;
(3) the effective date of the termination;
and
(4) a statement that the CCAP
agency will no longer issue child care payments for the family's child care
that a child care provider provides after the date of termination, unless the
family requests to continue receiving child care assistance pending an
appeal.
B. A CCAP agency
must notify a family's child care provider in writing when the family decides
to no longer use the child care provider. A CCAP agency must mail a termination
notice to a child care provider at least 15 calendar days before the effective
date of the termination and must include:
(1)
the family's name;
(2) a statement
that the family has decided to no longer use the child care provider;
(3) the effective date when the child care
assistance authorization will end; and
(4) a statement that the CCAP agency will no
longer issue child care payments for the family's child care that a child care
provider provides after the date of the termination.
C. This item applies to child care providers
licensed in Minnesota. Except in cases in which the provider's license has been
temporarily immediately suspended under Minnesota Statutes, section
245A.07, a CCAP agency
must mail a notice of termination to a child care provider at least 15 calendar
days before terminating payment to the child care provider When a child care
provider's license has been temporarily immediately suspended under Minnesota
Statutes, section
245A.07, a CCAP agency
must send a notice of termination to the child care provider that is effective
on the date of the temporary immediate suspension.
D. This item applies to legal nonlicensed
child care providers, Certified license-exempt child care centers, and child
care providers licensed by an entity other than the state of Minnesota. Except
in cases in which there is an imminent risk of harm to the health, safety, or
rights of a child in child care, a CCAP agency must mail a notice of
termination to a child care provider at least 15 calendar days before
terminating payment to the child care provider In cases in which there is an
imminent risk of harm to the health, safety, or rights of a child in child
care, a CCAP agency must send a notice of termination to the child care
provider that is effective on the date of the notice.
E. When a child care provider's payment is
suspended under Minnesota Statutes, chapter 245E, or a child care provider's
registration is denied or revoked under Minnesota Statutes, section
119B.13,
subdivision 6, paragraph (d), clause (1) or (2), a CCAP agency or the
commissioner must send a notice of termination to the child care provider
effective on the date that the CCAP agency or the commissioner creates the
notice.
Statutory Authority: MS s 119B.02; 119B.04; 119B.06; 256.01
Disclaimer: These regulations may not be the most recent version. Minnesota 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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