(1) This chapter pertains to the Best Beginnings Program, which administers payment for child care services.

(2) Financial assistance may be available to pay a portion of a working parent's child care costs. Payment may only be made to:

(a) a licensed child care center;

(b) a registered group child care home;

(c) a registered family child care home; or

(d) a provider of family, friend, or neighbor care as that term is defined at ARM 37.95.102; or

(e) a relative care provider.

(3) The Child Care Assistance Program will be administered in accordance with:

(a) the requirements of federal law governing the Child Care and Development Block Grant Act of 2014, codified at 42 USC 9858 et seq., and 45 CFR part 98, child care and development fund, adopted November 29, 2016; and

(b) the Montana Child Care Manual, dated June 1, 2020, adopted and incorporated by this reference. The manual contains the policies and procedures utilized in the implementation of the department's Child Care Assistance Program. A copy of the manual is available at each child care resource and referral agency; at the Department of Public Health and Human Services, Human and Community Services Division, 111 N. Jackson St., P.O. Box 202925, Helena, MT 59620-2925; and on the department's web site at www.childcare.mt.gov.

As used in this chapter, the following definitions apply:

(1) "Authorization of services" means the span of time, number of hours per week, and schedule that an eligible child is approved for care at a particular provider's facility. In addition, it indicates the monthly payment amount that the family is approved to receive for the indicated child at the indicated facility. The authorization of services is used to create the authorization plan.

(2) "Authorization plan" means the document prepared by the department, or its agent, that states the amount of child care assistance to be paid and includes any additional information required by the department. This document is generated after the authorization of services has been created.

(3) "Child care" means care by a provider listed in ARM 37.80.101 for a child less than 13 years of age at the time of eligibility determination or a child with disabilities or special needs. The terms "child care" and "day care" have the same meaning and are used interchangeably in this subchapter.

(4) "Child care assistance" means a subsidy for child care that is paid to a child care provider on behalf of a parent or guardian.

(5) "Child care facility" means a place where a provider listed in ARM 37.80.101 is authorized under license or registration to provide child care.

(6) "Child care resource and referral agency (CCR&R agency)" or "resource and referral agency" means an agent of the department authorized to determine eligibility for benefits, process payment to providers, and carry out other functions as authorized by the department.

(7) "Child with disabilities" means a child with a disability as that term is used in 45 CFR Part 98.

(8) "Child with special needs" means a child who requires additional assistance because of an emotional or physical disability, a cognitive delay, or both that is verified by documentation from a medical professional.

(9) "Children from the same household" means children who are of the same sibling group.

(10) "Copayment" means the portion of child care expenses which the parent is responsible for paying in accordance with the sliding scale established in ARM 37.80.202.

(11) "Department" means the Department of Public Health and Human Services.

(12) "Federal poverty guidelines (FPG)" or "Federal poverty level (FPL)" means the poverty guidelines published by the U.S. Department of Health and Human Services based on information compiled by the U.S. Bureau of the Census. Upon request, a copy of the guidelines is available from the Department of Public Health and Human Services, Human and Community Services Division, 111 N. Jackson St., P.O. Box 202952, Helena, MT 59620-2925.

(13) "Full-time child care" means care certified for over 30 hours per week on a regular basis.

(14) "Full-time field experience and class time" means 30 hours per week combined of field experience and class time accrued by a postsecondary education student.

(15) "Graduated eligibility" means graduated phaseout as that term is used in the Child Care and Development Block Grant Act of 2014 at 42 USC 9858c(c)(2)(N)(iv).

(16) "Household size" means the number of household members including the parents, as the term is defined in this chapter, and the children of the parents, but not including adults living in the household other than the parents, unless the income of such adults is counted in computing the household's monthly income under this chapter.

(17) "Infant/toddler" for payment purposes means a child from birth to through the end of the 35th month of age.

(18) "Intentional program violation (IPV)" means conduct by a parent or provider described in ARM 37.80.506.

(19) "Monthly income" means gross monthly income of the parent or parents residing with the child and the income of adults in the household who are included in the calculation of household size as provided in ARM 37.80.202. The income of a parent not residing with the child will be counted as monthly income under this chapter only in cases where such parent's income is available to support the household of the child. Any child support provided by a parent not residing with the child to the household of such child will be counted as monthly income, and such child support will be deemed to constitute the extent to which the nonresidential parent's income is available to the household. The following sources of income are the only sources that will not be counted in determining gross monthly income:

(a) educational loans, scholarships, and grants;

(b) earned income tax credit;

(c) tribal per capita payments;

(d) independent living INC payments for youth;

(e) foster care support services;

(f) food stamp benefits;

(g) a minor's earned income, if attending high school or a GED-type program; and

(h) supplemental security income (SSI) payments.

(20) "Non-traditional hours of care" refers to the hours of care that fall outside of the traditional child care hours of 6 a.m. to 6 p.m. Monday through Friday.

(21) "Overpayment" means a payment of child care assistance to a parent or provider, by the department or its agent, that is more than the amount the parent or provider is properly authorized to receive by federal or state law. An overpayment may result from the intentional or unintentional action of a parent, guardian, provider, department, or department's agent.

(22) "Parent" or "parent or guardian" means:

(a) a biological or adoptive parent of a child;

(b) a foster parent;

(c) a guardian generally authorized to act as the child's parent;

(d) an individual acting in the place of a biological or adoptive parent, including a grandparent, stepparent, or other relative with whom the child lives; or

(e) an individual who is legally responsible for the child's welfare.

(23) "Part-time child care" means care authorized for 30 hours or under per week on a regular basis.

(24) "Preschool" means an educational program or school environment targeted to children at age four and up to kindergarten entry.

(25) "Preschool-age child" for payment purposes means a child from thirty-six months up to their sixth birthday.

(26) "Provider" means a licensee or registrant listed in ARM 37.80.101.

(27) "Provider Rate" means the amount of reimbursement the department will pay an enrolled provider for child care provided to an eligible, enrolled child.

(28) "Relative care" has the same meaning as "relative care" defined by the Child Care Licensing Program in ARM 37.95.102.

(29) "School-age child" for payment purposes means a child from six through the end of the 12th year of age.

(30) "Teen parent" means a parent who is attending high school, GED courses, or an equivalency program and has not yet attained the age of 20 years.

(31) "Training" means vocational or educational training meeting the requirements of this chapter. 

(1) Use and disclosure of information is allowed only for the following purposes:

(a) to administer child care assistance under this chapter;

(b) to determine eligibility and amount of assistance for any other needs-based federally funded public assistance program for low income persons;

(c) to report possible child abuse or neglect to the appropriate agency or authority or respond to requests for information from an appropriate agency or authority investigating possible child abuse or neglect;

(d) to assist the Child Support Services Division or any other agency or entity authorized to conduct child support enforcement activities;

(e) to provide the applicant or recipient's current address to a state or local law enforcement officer, if the officer documents that the person is a fugitive felon whose arrest is the responsibility of the officer; additionally, the officer must provide the name and social security number of the recipient by written request;

(f) to provide information necessary for emergency medical or other critical needs;

(g) to provide information relevant to a child care licensing investigation; and

(h) any other disclosure required by law.

(2) An applicant or recipient of child care assistance is entitled to information regarding the applicant or recipient's case upon request, except:

(a) when release of the information is prohibited by law; or

(b) when release of the information would impede law enforcement.

(1) In addition to the income requirements of ARM 37.80.202, parents must work or attend school or vocational training to receive child care payments.

(a) With the exceptions in (2), a two parent household must work a total of 120 hours per month, but there is no minimum number of hours that each parent must work each month.

(b) A single parent must work a minimum of 60 hours each month or attend school or vocational training full-time. A single parent must be working a minimum of 40 hours each month if attending school or vocational training part-time.

(2) The monthly minimum hourly work requirement does not apply to:

(a) households receiving cash assistance funded by temporary assistance for needy families (TANF);

(b) households in which the parent is a teen parent, or both parents in a two-parent household are teen parents, attending high school or an equivalency program;

(c) households containing working parents who are experiencing short-term medical emergencies;

(d) households containing parents who are in a grace period, provided the parents:

(i) are actively seeking work;

(ii) have reported the change in circumstance in a timely manner in accordance with ARM 37.80.203; and

(iii) have been approved for a grace period;

(e) an individual parent with a severe disability who is not able to meet a minimum hourly work requirement and has a need for child care during work hours;

(f) a parent, in a two-parent household, who is severely disabled and unable to care for their child;

(g) parents who are homeless; and

(h) in unusual circumstances of verifiable medical, financial, and physical hardship, the Child Care Program manager or the chief of the Early Childhood Services Bureau may approve or continue eligibility.

(3) Child care assistance under this chapter for parents who are pursuing vocational training or education is subject to the following limitations and requirements:

(a) assistance is not available to parents seeking postsecondary education beyond the level of a bachelor's degree or its equivalent; and

(b) assistance is not available for education to a parent who has earned a degree within the past five years.

(4) If a parent of a child does not live with the child and is not paying child support under a child support order recognized by a Montana district court, the custodial parent must apply for and cooperate with child support services from the department's Child Support Services Division. The department determines cooperation with Child Support Services Division by maintaining an open case when a case can be established or by the parent providing all appropriate requested documentation to Child Support Services Division for them to open a child support case. A custodial parent who fails without good cause to apply for such services and to cooperate with the Child Support Services Division will be decertified for benefits under this chapter as of the date of such failure. Good cause is defined as specified in ARM 37.78.215.

(5) Due to limited funding for child care assistance, some households that meet all requirements for eligibility may not receive benefits. If there are insufficient funds to provide benefits to all eligible households, priority is as follows:

(a) a household receiving assistance funded by the TANF program when participating in employability activities that require child care;

(b) a household containing a child with special needs or a child with disabilities;

(c) a household headed by a teen parent when otherwise eligible for child care assistance under ARM 37.80.201 through 37.80.502;

(d) a household experiencing homelessness; and

(e) all other eligible non-TANF households.

(i) Non-TANF households are ranked by household income as a percentage of the Federal Poverty Guidelines (FPG). The household with the lowest percentage of income, relative to FPG, has the highest priority when funding becomes available.

(ii) If there are two or more Non-TANF households at the same percentage, the household whose application was received first has a higher priority.

(6) Under no circumstances may payment be made for child care provided by a parent or person acting in loco parentis of the child, even if such parent does not reside in the child's household. In addition, no payment under this chapter may be made for child care provided by any person who is included as a member of the same household as the child for purposes of determining eligibility for TANF cash assistance or child care assistance under this chapter.

(7) A household experiencing loss of work or cessation of attendance at a job training or education program may have child care benefits extended and the usual child care schedule continued for 90 calendar days or to the end of the 12 month eligibility period following the reported change, if the following conditions are met:

(a) the department has sufficient funds to provide extended child care benefits; and

(b) the household requests the extension within ten calendar days after the parent's last day of employment, job training, or education program.

(i) An unemployed parent or parents must actively seek new employment during the period of extended child care.

(8) Child care assistance is only available under this chapter for child care provided by:

(a) a licensed child care facility or registered provider under ARM 37.95.103 and ARM 37.95.106, excluding facilities licensed solely for drop-in, irregular, intermittent, and occasional care.

(9) During the hours school is in session, a licensed or registered child care provider is not eligible for child care assistance for a child six years of age or older on or before September 10 of the current year.

(10) A household experiencing homelessness may have child care benefits continued for 90 calendar days following the reported homeless status if the department has sufficient funds to provide extended child care benefits.

(11) A 12-month eligibility span is given for a Non-TANF or TANF family meeting all the eligibility requirements.

(1) Financial eligibility for child care assistance is based on a household's monthly income as defined in ARM 37.80.102. A household whose income is below 150% of the Federal Poverty Guideline (FPG) for a household of that size is eligible for child care assistance.

(2) At annual redetermination, a household not receiving temporary assistance for needy families (TANF), whose income exceeds 150% and is below 185% of the FPG for a household of its size is eligible for child care assistance under graduated eligibility. To qualify for graduated eligibility, the following apply:

(a) eligibility is given for a 12 month eligibility period; and

(b) all other non-TANF eligibility requirements must be met.

(3) A household that is not receiving TANF is presumed eligible to receive child care assistance for 30 calendar days while application information is verified.

(a) To qualify for presumptive eligibility, a household must:

(i) submit a complete application that states the household meets eligibility requirements;

(ii) authorize the release of information to the department; and

(iii) submit the name of the child care provider on the application sufficient to set up the authorization of services.

(b) An applicant who intentionally provides false information for the purpose of receiving child care assistance must repay the child care assistance and may be ineligible to participate in the program.

(4) A household with assets exceeding the threshold identified in 42 USC 9858n (4)(B) (2016) is not eligible for child care assistance.

(5) Parents eligible for assistance are responsible for paying a monthly copayment in the amount specified in the sliding fee scale table.

(a) In general, a household's copayment is a percentage of the household's gross monthly income, based on the household's gross monthly income as compared to the FPG for a household of that size. Generally, households with income which is a higher percentage of the FPG are required to pay a higher percentage of their gross monthly income as a copayment than households whose income is a smaller percentage of the FPG. All parents receiving TANF-funded cash assistance must pay the $10 minimum copayment amount as specified in the sliding fee scale, regardless of household size or income.

(b) In the event that the actual cost of child care for the month is less than the required copayment the parent is required to pay the actual cost of care rather than the specified copayment.

(c) Parents are solely responsible for paying the copayment to the child care provider. Parents who fail to make the required payment or make arrangements satisfactory to the provider are ineligible for child care assistance until the amount due has been paid or arrangements satisfactory to the provider have been made.

(d) Children in child care placements due to protective services provided by the department are not subject to a copayment.

(6) A household for purposes of determining eligibility and the parent's copayment, includes the following individuals:

(a) the child or children for whom child care is being provided;

(b) all persons who live in the same household as the child or children and who are the child's:

(i) parents or stepparents;

(ii) siblings, step-siblings, or half-siblings age 17 and younger;

(c) an adult who lives in the same household as the child or children and who is the child's legal guardian or who assumes all the responsibilities of the parent for the child; and

(d) parents residing outside of the child's home, provided the parents of the child are not separated or divorced.

(7) The parent may include or exclude as a household member any qualified person residing with the child. If the parent includes or excludes a person when eligibility is initially determined, he or she cannot subsequently choose a different option, unless the optional member leaves the household.

(8) The income of all persons counted in computing household size must be counted in the household's income.

(9) In determining a household's need for child care assistance, the work hours, school schedules, and ability to care for the child or children of each adult included in calculating household size are considered. The work hours and ability to care for the child or children of adults excluded in calculating household size are not considered.

(10) Persons providing child care services subsidized under this chapter are paid at the lesser of the provider's usual and customary rate or the rates specified in ARM 37.80.205. The portion of the total monthly payment that the department is required to pay is computed by subtracting the parent's monthly copayment from the total monthly payment due.

(11) Eligible households may receive child care assistance for each child in the household who meets the age requirement for child care contained in ARM 37.80.102 and whose care meets all other requirements of this chapter for payment.

(12) No child care assistance payments can be issued until an authorization plan has been created by the child care resource and referral agency.

(13) The child care authorization and corresponding authorization plan set limits for child care benefits. The authorization plan stays at the same level for the 12 month eligibility period and covers temporary changes defined in 45 CFR, 98.21(a)(2017).

(14) If an audit of the case shows that monies received fall under ARM 37.80.506(1)(a), (b), (c), and (d), a household that receives any amount of child care assistance to which the household was not entitled must repay all child care assistance to which the household was not entitled.

(1) Applicants and recipients of child care assistance must report to the resource and referral agency administering their case any change in their child care provider within one business day of the change.

(2) Applicants and recipients of child care assistance must report by phone, email, written communication, or in person to the resource and referral agency administering their case any change in the following circumstances within ten calendar days from the date the change occurs:

(a) a change in work, training, or educational status;

(b) an increase in the household's monthly gross income above 85 percent of State Median Income (SMI); or

(c) a change in mailing address, residential address, or phone number.

(3) Applicants and recipients of child care assistance may report any change to their circumstance at any time during the eligibility period.

(4) Changes that are required to be reported under this rule must be reported to the resource and referral agency administering the child care assistance case. A report to any other employee, contractor, or agent of the department does not satisfy the reporting requirements set forth in this rule.

(5) If an audit of the case shows that monies received fall under ARM 37.80.506(1)(a), (b), (c), and (d), a household that receives child care assistance to which the household was not entitled must repay the overpayment.

(6) When a circumstance change listed in (2) is reported to the child care resource and referral agency, the agency will follow-up with a written notification describing changes to the case.

This rule has been repealed.

(1) The department calculates provider rates based on market rate surveys required by the Child Care and Development Block Grant Act of 2014. A half-time day rate is calculated for five or less hours of care during a calendar day. A full-time day rate is calculated for more than five hours and up to 12 hours during a calendar day.

(2) Provider rates are listed on the Early Childhood Services Bureau website for each child care provider type.

(3) Child care authorization and corresponding authorization plans may authorize payment for extended care of more than 12 hours during a calendar day. When care is provided for more than 12 but less than 18 hours per day, the full-day rate multiplied by 1.25 will be paid. When the authorization and corresponding authorization plan specifies service exceeding 18 hours of care during a calendar day, the full-day rate multiplied by 1.5 will be paid.

(4) Providers are paid for actual attendance when the child is present if a child attends less than 85% of the authorized time listed on the authorization plan.

(5) Providers are paid the entire monthly amount listed on the authorization plan when a child attends at least 85% of the authorized time listed on the authorization plan.

(6) The provider rates in the Child Care Manual, section 1-4, are the maximum rates payable.

(7) The rate charged by a child care provider for children whose child care is paid for by the department cannot exceed the rate charged to private pay parents for the same service.

(8) The department has the discretion to adjust rates for children with special needs or disabilities.

(9) The department has the discretion to adjust rates for child care provided during non-traditional hours as defined in ARM 37.80.102.

(a) In order for an adjusted rate to be paid, the approved care must be provided for at least one hour between 6 p.m. to 6 a.m. Monday through Friday or after 6 p.m. Friday to 6 a.m. Monday.

(10) The department will only pay a fee for registering a child in a child care facility if the registration fee is charged to all who enroll in the facility.

(a) The payment will not exceed thirty dollars.

(b) The fee will be available to registered family, registered group, and licensed child care centers.

(c) The fee must be listed on the monthly invoice the parent is charged.

(11) When child care is provided in the child's home by a provider who does not live with the child, the state payment will be made to the parent. The parent is responsible to pay the provider, and failure to do so will result in the parent's ineligibility for child care assistance until the provider has been paid in full or the parent has made arrangements for payment which are satisfactory to the provider.

(12) Child care facilities must notify the child care resource and referral agency when a child is absent without explanation for five consecutive working days unless the child has been attached to a different provider. If the provider fails to notify the child care resource and referral agency when a child is absent without explanation for five consecutive working days, the department is not required to pay for any care from the date the child last attended the facility.

This rule has been repealed.

(1) The Best Beginnings Child Care Scholarship will not reimburse child care services during preschool program hours at any of the following settings: 

(a) public preschool settings, described in ARM 10.63.101;

(b) state funded preschool programs; or

(c) Head Start or other federally funded preschool programs.

(2) The Best Beginnings Child Care Scholarship will reimburse any licensed or registered child care provider for wraparound care, including before and after-school care, at the half-day rate.

(1) Child care assistance paid for care provided in a child's home must be approved by the department's Early Childhood Services Bureau.

(2) Subsidized care provided in a child's home can only be paid to approved Family, Friend, and Neighbor and relative care providers.

(3) One of the following criteria must be met to receive payment for subsidized care in a child's home:

(a) a child approved as a child with disabilities or a child with special needs;

(b) a child of a teen parent; or

(c) a child whose parent works non-traditional hours.

(1) Child care facilities must be in compliance with the licensing and registration requirements ARM Title 37, chapter 95 to receive payment under this chapter. Loss of eligibility for funds under this chapter for failing to comply with child care facility licensing and registration requirements including group size and staff-to-child ratios, as well as program requirements, as stipulated in the Best Beginnings Child Care Scholarship Manual is in addition to other remedies available for such violations.

(2) The provider is responsible for informing parents who are receiving child care assistance under this chapter that the provider's license, or registration has been revoked or expired. The provider may not bill the household for payments denied by the department due to the provider's failure to comply with licensing, certification, or registration requirements.

(3) Child care providers must be certified or recognized by the department or its designated agent as eligible to receive payment under this chapter. All applicable forms must be completed and submitted for approval. Registered and licensed facilities are approved by the Child Care Licensing Program of the department's Quality Assurance Division. Facilities licensed or registered by other entities must be recognized by the Child Care Licensing Program of the department's Quality Assurance Division.

(4) A provider's eligibility to receive state payment under a state-assisted child care program may be terminated if:

(a) the provider willfully misrepresents services provided, as set out in ARM 37.80.316(4) or 37.80.502(6); or

(b) the provider refuses access to the child care setting and child records during business hours to the following personnel:

(i) employees or other agents of state or local government, investigating child care services, or child abuse or neglect;

(ii) child care resource and referral agency personnel; or

(iii) health, building, or fire officials investigating child care facility health and safety issues.

(5) All child care providers must maintain current sign-in/sign-out records for each child receiving child care assistance and utilize them as follows:

(a) Each time the child enters or leaves the provider's care, the parent or other individual authorized to deliver or pick up the child must initial or sign the sign-in/sign-out sheet. An electronic signature system may be used if it employs a unique and confidential identification process for individuals.

(b) Sign-in/sign-out records must indicate the child's name, the date, the hour, and the minute when the child enters and leaves the provider's care.

(c) The provider must make sign-in/sign-out records available to child care resource and referral agency staff and state and local government health, safety, or law enforcement representatives upon request.

(d) The provider must keep sign-in/sign-out records for five years beyond the date of attendance.

(e) Sign-in/sign-out records must be maintained on a daily, chronological basis that show the attendance of all children. If the provider maintains a sign-in/sign-out record by individual child or family, it does not meet the requirements of this rule.

(6) Providers must have a policy on preventing and reducing expulsion and suspension. The policy must include the following:

(a) reasons for expulsion;

(b) procedures for expulsion;

(c) how the provider will assist the child and parent with transitions; and

(d) the types of referrals the provider will make such as those to a community agency that could offer additional supports to the family.

This rule has been repealed.

This rule has been repealed.

(1) In addition to complying with all other certification requirements, providers must sign a rights and responsibilities agreement under this chapter, on the form provided by the department. Parents are provided a copy of the providers' rights and responsibilities.

(1) Except as provided in (2) and (3), the provider will receive payment for child care services when the care is provided outside the child's home.

(2) Payment will be made to the parent when a care giver, who does not live with the parent or child, provides child care in the child's home.

(3) Payment will be made to the provider when the provider participates in a tiered reimbursement program, as referenced in ARM 37.80.205(6). Tiered reimbursement programs are intended to benefit the higher quality child care provider.

(4) In the case of direct payment to the parents, the parents and/or the provider bear sole responsibility:

(a) for obtaining provider registration through ARM 37.95.103 prior to claiming payment for covered child care under this chapter; and

(b) for resolving disputes as to proper payment arising between the parent(s) and the provider.

(5) The provider must submit a claim for covered child care services on the billing form provided by the department. Except as provided in (4)(a), a completed billing form with all information and documentation necessary to process the claim must be received by the resource and referral agency of the department within 60 calendar days after the last day of the calendar month in which the service was provided. Timely filing of claims in accordance with the requirements of this rule is a prerequisite for payment. In addition:

(a) The claim must be for actual care provided by the provider designated on the child care authorization and corresponding authorization plan as defined in ARM 37.80.102 and subject to the limitations described in ARM 37.80.201(9). The provider may not bill for care subcontracted to another individual or facility.

(b) The claim must accurately reflect the child's time in and time out as indicated on the provider's sign-in/sign-out records.

(c) The claim must be verifiable through the provider's sign-in/sign-out records as required in ARM 37.80.301(5).

(d) If the authorization and corresponding authorization plans are not completed until after the calendar month in which the child care is provided, the claim will be considered to be filed timely if a completed billing form with all information and documentation necessary to process the claim is received by the department or the entity designated by the department for this purpose within 60 days after the billing document is sent to the provider.

(e) If corrections or adjustments to a submitted claim are necessary, they must be received by the department or its designated entity within the 60 day period prescribed by this rule for timely filing of the claim.

(6) Once an invoice is submitted, invoices are processed within three business days by the child care resource and referral agency.

(7) In cases where payments are made directly to the parent, a parent who fails to pay the provider will be ineligible for further child care assistance until the provider has been paid in full or the parent has made arrangements for payment which are satisfactory to the provider.

(1) Child care assistance is provided for through an authorization of services and an authorization plan. The authorization of services and authorization plan include the following information:

(a) number of children authorized to receive child care assistance;

(b) number of hours per week authorized;

(c) number of months authorized;

(d) name of the child care provider;

(e) amount of child care payment based on the number of hours per week authorized; and

(f) amount of monthly copayment that the parent must pay to the provider.

(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.

(1) A child care provider or a parent who has reason to believe an overpayment or underpayment of child care assistance has occurred must notify the department within ten days.

(2) If an audit of the case shows monies received fall under ARM 37.80.506(1)(a), (b), (c), and (d), the department may recover the amount of any child care payment made to a child care provider or to a parent which is in excess of the amount to which the provider or parent was entitled.

(a) If an overpayment is due to an intentional program violation of the parent, the parent must repay the overpayment to the department.

(b) If an overpayment is due to any error, act, or omission of the provider, whether intentional or otherwise, the provider must repay the overpayment to the department.

(3) The parent must repay the overpayment to the department. Failure to be current on accounts will make the parent ineligible for child care assistance from the department.

(4) The provider must repay the overpayment to the department. Failure to be current on accounts will make the provider ineligible for child care assistance from the department.

(5) If an underpayment of child care payments occurs, the underpayment will be corrected by increasing the payment for the following month to cover the underpayment.

(1) An intentional program violation occurs when:

(a) a parent or guardian receives, or attempts to receive, child care assistance based on a false or misleading statement, misrepresentation, concealment, or withholding of relevant facts or information;

(b) a parent or guardian knowingly fails to comply with the requirements for receiving child care assistance;

(c) a provider receives, or attempts to receive, a child care assistance payment based on a false or misleading statement, misrepresentation, concealment, or withholding of relevant facts or information; or

(d) a parent, guardian, or provider knowingly fails to comply with the requirements of the Montana Child Care Act, this chapter, or ARM Title 37, chapter 95.

(2) The department will evaluate an intentional program violation on a case-by-case basis to determine whether to impose a sanction as provided in ARM 37.80.507.

(3) The department must impose sanctions for the following intentional program violations:

(a) providing false employment information, including concealing employment;

(b) providing false information regarding wages or other income;

(c) misrepresenting or failing to disclose household membership;

(d) failing to disclose a criminal conviction as identified in ARM 37.80.306(3);

(e) claiming child care assistance for care provided by an ineligible provider;

(f) misrepresenting the amount of child care needed or used;

(g) falsifying sign-in/sign-out records; and

(h) attempts to undermine or circumvent program requirements designed to ensure child safety, including background checks, group sizes, and child-to-staff ratios.

(4) The department may sanction other intentional program violations based on the circumstances of the violation.

(1) The department has the discretion, based on the circumstances of the violation, to determine the appropriate sanction for the first intentional program violation. The department may impose any of the following sanctions on a parent/guardian or provider for a first intentional program violation:

(a) issue the intentional program violation even if there is no overpayment due;

(b) require repayment of child care assistance payments related to the program violation; or

(c) require repayment of child care assistance payments related to the program violation and terminate the parent/guardian or provider, or both, from the Child Care Assistance Program.

(2) If a parent or guardian receives a second intentional program violation, the department will require the repayment of all child care assistance payments related to the violation and the parent will be terminated from the Child Care Assistance Program.

(3) If a provider receives a second intentional program violation, the department will require the repayment of all child care assistance payments related to the violation and may terminate the provider from the program, if appropriate.

(4) A notice of an intentional program violation is an adverse action of the department. The department will send timely notice of this adverse action, including fair hearing rights under ARM 37.80.104 and 37.5.103.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.