Section 10.10 - Denial and/or Termination of ServicesParents 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);(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;(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; and4. 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.Amended by Mass Register Issue 1385, eff. 2/22/2019.Amended by Mass Register Issue 1480, eff. 10/14/2022.Amended by Mass Register Issue 1505, eff. 9/29/2023.