37.80.501    TERMINATION OF CHILD CARE ASSISTANCE

(1) Child care assistance will be terminated if any of the following occurs:

(a) the household does not apply for redetermination;

(b) a parent has been given a grace period and does not meet the activity requirement or is not participating in the TANF funded case assistance program at the end of the grace period;

(c) the parent voluntarily makes a written request to the child care resource and referral agency worker that child care services be closed;

(d) a family moves outside of the state of Montana; or

(e) the child has had a span of more than five unexplained absences reported by the child care facility specified in the authorization and corresponding authorization plan and there is no indication that the child will be receiving care at that facility in the near future.

(2) When child care assistance is terminated due to the household's loss of eligibility, as specified in (1)(b), (c), (d), or (e), notice of termination must be sent to both the parent and the provider at least 15 calendar days prior to the effective date of termination, except for TANF cases in which a ten-calendar-day notice is required. No notice is required from the state when child care is terminated by the parent or provider, or for the other reasons specified in (1)(a).

(a) The notice sent to the parent must state the reason for the termination and must inform the parent of the right to a hearing as provided in ARM 37.80.104.

(b) The notice of termination sent to the provider must include the child's name, the parent's name, and the date of termination but must not disclose any confidential information about the parent or child.

(3) When the child care resource and referral agency denies an initial application for child care assistance, written notice must be sent to both the parent and the provider, but there is no requirement for advance notice of the denial.

(a) The notice to the parent shall include reasons for the denial and inform the parent of the right to a hearing as provided in ARM 37.80.104.

(b) The notice to the provider must include the child's name and the parent's name but must not disclose any confidential information about the parent or child.

(4) The department is obligated to the parent and/or the provider only to the extent specified in the authorization and corresponding authorization plan and the rules governing child care assistance. No agreement or arrangement between the parent and provider purporting to modify or terminate any provision of the authorization plan is binding on the department.

 

History: 52-2-704, MCA; IMP, 52-2-704, MCA; NEW, Eff. 12/31/72; AMD, Eff. 4/5/76; AMD, 1981 MAR p. 1792, Eff. 12/18/81; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TRANS & AMD, from DFS, 1998 MAR p. 3117, Eff. 11/20/98; AMD, 1999 MAR p. 2454, Eff. 10/22/99; AMD, 2002 MAR p. 1989, Eff. 5/31/02; AMD, 2006 MAR p. 2964, Eff. 12/8/06; AMD, 2011 MAR p. 323, Eff. 3/11/11; AMD, 2018 MAR p. 457, Eff. 2/24/18; AMD, 2018 MAR p. 1283, Eff. 7/7/18; AMD, 2020 MAR p. 687, Eff. 6/1/20.