(1) Child care assistance will be terminated if any of the following occurs:
(a) the child care resource and referral agency does not recertify the household or the certification plan expires;
(b) a parent terminates the employment or training that made the parent eligible for child care assistance;
(c) the parent no longer needs child care to allow the parent to participate in an activity specified in ARM 37.80.201;
(d) the parent voluntarily makes a written request to the child care resource and referral agency worker that child care services be closed;
(e) the child care provider no longer meets licensing standards or loses certification for payment;
(f) a parent who was participating in the TANF funded cash assistance program is no longer a participant in that program and is not otherwise eligible for child care assistance under the provisions of ARM 37.80.201;
(g) the child no longer meets the age requirements of ARM 37.80.102; or
(h) the child no longer receives care at the child care facility specified in the authorization and corresponding certification plan and there is no indication that the child will be receiving care at that facility in the near future.
(i) the parent is no longer in compliance with an order or determination of the DPHHS' Child Support Enforcement Division, the parent has failed to report a change in the amount of child support the parent receives pursuant to a district court order that affects eligibility, or the parent has failed to report changes in circumstances concerning good cause reasons for the applicant or recipient not to pursue child support enforcement.
(2) When child care assistance is terminated due to the household's loss of eligibility, as specified in (1)(b), (c), (f), (g), or (i), 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 (1)(f) 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), (d), (e), or (h).
(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 certification 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 certification plan is binding on the department.