EES POLICY NO. 01-03-03

RE:  Child Care Provider Agreement Denial          or Termination


Contact Person: Jean Morgan

Where Posted on Web:

FROM:  Dennis Priest  

DATE:    March 30, 2001, revised October 1, 2005

  KEESM Reference: 10030, 10037.1, 10100

Primary DCF Areas Affected: Child Care

Other Manual Reference: GS-3906
ES-1650, ES-1651, ES-1653

This memo provides clarification of policies regarding terminations and denials of child care provider enrollments. There have been several questions specifically related to denying a provider enrollment and terminating a provider enrollment per section 9. This memo is intended to clarify best practices involved in making decisions to deny or terminate provider enrollment and actual policy when taking such action.

Regulated and certain unregulated legally exempt child care providers may enroll with DCF to provide child care services for eligible families. Provider enrollment must be approved before a child care plan can be authorized and payments issued. KEESM 10030.

Regional DCF Service Centers make final decisions when selecting child care providers from which eligible families can purchase services. DCF is not obligated to do business with any particular provider, just as providers are not obligated to do business with DCF. DCF makes no guarantee that child care subsidy recipients will select any specific provider if a provider is enrolled.

Regional DCF Service Centers also make decisions when deciding to terminate an existing provider enrollment. Provider enrollment may be terminated for cause or by using the section 9 clause of the Agreement for Purchase of DCF Child Care. The means/reason for termination is given on the termination notice (P201).

DCF or the provider may choose not to continue the enrollment based on Section 9 of the Agreement for Purchase of DCF Child Care. A clear thirty (30) day written notice must be given by the party terminating the enrollment. The party terminating enrollment is not required to give a reason for the termination and may simply refer to Section 9 of the Agreement for Purchase of DCF Child Care.

KEESM 10100 lists certain adverse action procedures. KEESM 10037.1 lists other actions which may warrant termination or denial of provider enrollment. These sections provide guidance to staff for making decisions. When choosing to deny enrollment or when terminating per section 9, no specific reason need be given. It is the intent of policy however, that there be sound rationale for the decision which should be noted in the provider file for future internal reference. When terminating per section 9, the controlling authority is the language of the Agreement for Purchase of DCF Child Care itself which provides either party may terminate with 30 days notice. No reason need be given. The same intent is applied when denying enrollment. Enrolling to conduct business with the state is not an entitlement, therefore regions have the choice of whether to do business with a provider or not. It is intended again that DCF have sound rationale for such decision and note this in the provider file.

Providers have the right to appeal an DCF decision which adversely affects them.

DP: jmm


Appeal Summary
Denial Appeal Summary
Denial or Termination Notice (P201)
Motion to Dismiss
Section 9 Appeal Summary
Section 9 Motion to Dismiss
Termination Per Section 9