D.C. Mun. Regs. tit. 5, r. 5-A202

Current through Register Vol. 71, No. 50, December 13, 2024

Rule 5-A202 - TERMINATION OF SUBSIDIZED CHILD CARE SERVICES

202.1

During a twelve (12) month eligibility period, subsidized child care services shall be terminated by the eligibility staff as a result of any of the following circumstances:

(a) Based on an eligibility redetermination for reasons set forth in Subsection 201.5;

(b) The applicant is no longer a resident of the District of Columbia;

(c) The applicant has failed to complete an eligibility review, including providing the required supporting documentation, in a timely manner; or

(d) An applicant has been found through investigation to have committed child care eligibility fraud.

202.2

Subsidized child care services may be immediately terminated by OSSE, unless a hearing request is filed, for any of the following circumstances:

(a) The applicant is no longer a resident of the District of Columbia; or

(b) Substantiated fraud or intentional program violations that invalidate prior determinations of eligibility.

202.3

An applicant who has been confirmed through investigation to have committed fraud may be permanently barred from receiving subsidized child care services through the District's subsidy program. Recipient fraud includes, but is not limited to, the following:

(a) With intent to deceive, withholding information regarding eligibility factors such as gross annual family income, number of family members, ages of family members, or the recipient's hours of employment or training;

(b) Knowingly using child care services for an ineligible child; or

(c) Intentionally failing to report any changes which would affect the child's eligibility for child care benefits.

202.4

All suspected cases of fraud shall be referred to OSSE immediately.

202.5

OSSE may take further action if there is a determination that fraud has occurred, such as collection from the parent(s) or guardian(s) of funds improperly spent on child care or referral to the Office of the Attorney General or the United States Attorney for possible civil or criminal action.

202.6

OSSE shall give prior written notice of the proposed termination from subsidized child care services for all instances of termination with the exception of those that require immediate termination.

202.7

Written notice of the proposed termination from subsidized child care services shall be given ninety (90) calendar days prior to the date of termination and shall include:

(a) The effective date of termination;

(b) The reason for the termination;

(c) An opportunity to cure within a stated timeframe, if appropriate; and

(d) An explanation of the parent(s) or guardian(s)' right to appeal the decision.

202.8

If the applicant complies with all requirements within the stated time frame, the termination shall be voided prior to the date of termination.

D.C. Mun. Regs. tit. 5, r. 5-A202

Reserved by Final Rulemaking published at 64 DCR 2972 (3/24/2017); amended by Final Rulemaking published at 64 DCR 9542 (9/29/2017); amended by Final Rulemaking published at 66 DCR 001121 (1/25/2019)