10037 Violations of Provider Agreement - When EES staff believes a violation has occurred with the provider agreement, the determination may be made that the provider/facility is not in compliance with the Agreement to Provide Child Care for DCF Eligible Families and:

1. Corrective action should be taken, or
    

2. Corrective action is not appropriate and the agreement should be terminated.
   
   

Note: Provider Corrective Action Plan: The staff person doing provider enrollment in consultation with the supervisor should develop the recommended corrective action plan when there have been agreement violations . On or before the indicated date of compliance, the staff person should review the documentation submitted to determine compliance. The provider enrollment staff person has the option to prevent any new child care plan authorization until the violation is corrected. This may be done by temporarily changing the provider status to pending.

10037.1 Actions Which Warrant Termination or Denial of Provider Enrollment - "See Policy Memo #01-03-03 re: "Child Care Provider Agreement Denial or Termination".

1. In addition to KDHE actions that could result in the termination or denial of an Agreement to Provide Child Care for DCF Eligible Families, the following conditions may also warrant such action:
    
   1. Confirmation of child and/or adult abuse and/or neglect;
       
   2. Repeat KDHE violations, or failure to maintain licensing requirements;
       
   3. Services do not meet the developmental needs of the DCF eligible children in care;
       
   4. Failure to agree to and/or abide by discipline policy;
       
   5. Failure to agree to and/or abide by conditions of the Agreement to provide Child Care for DCF Eligible Families which includes payment policies and responsibilities. This may also be applied to In-Home Relative situations. (See 10036.);

       

   6. Failure to maintain accurate attendance and financial records;

       

   7. Provider denies DCF staff or health department access to the child care facility or records;

       

   8. A Relative Home Provider fails to maintain health and safety checklist standards;

       

   9. Failure to complete a corrective action plan;

       

   10. Deliberate falsification of information; or

        

   11. DCF chooses not to enter into or continue enrollment of a provider. A 30-day written notice must be given to the provider when terminating the enrollment per Section 9 of the Agreement for Purchase of DCF Child Care. Refer to Section 9 of the Agreement DCF to Provide Child Care for DCF Eligible Families.

        

   12. Provider requests or accepts from any parent(s) their Kansas Benefits Card(s) or PIN number(s), or otherwise misuses the EBT system or funds. Providers will first be given a written warning, and if the practice continues, the provider’s agreement with DCF will be terminated.
       
       
2. Termination of an Agreement to Provide Child Care for DCF Eligible Families requires a 30-day written notice to the provider with the following exceptions:
   
   
   1. When an emergency suspension of a child care provider’s license has been issued by KDHE.
      
      
   2. When a child care provider’s license is expired or revoked.
      
      
   3. When child abuse and/or neglect by a child care provider (or anyone living in the provider’s home where care is provided) has been   substantiated by DCF PPS social worker/supervisor.
      
      In these instances, the provider’s agreement can be terminated immediately.

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