Personal tools

Issue Alert - Disqualification of CDC providers

Document Actions
Date:

Jan 08, 2007

Program Area:

Child Development and Care (CDC) PEM 704

Issue Summary:

Additional crimes have been added that may disqualify child care providers from receiving DHS-funded child care payments. A full list may be found at: http://www.mfia.state.mi.us/olmweb/ex/pem/704.pdf

Persons Affected:

Child care providers who may have previously been eligible that will now be disqualified.

For More Information:

Center for Civil Justice
320 S. Washington, 2nd Floor
Saginaw, MI 48607
(989) 755-3120, (800)724-7441
Fax: (989) 755-3558
E-mail: info@ccj-mi.org

Michigan Poverty Law Program
611 Church Street, Suite 4A
Ann Arbor, MI 48104-3000 (
734) 998-6100 (734) 998-9125


Background

Child care may be provided in or out of the child(ren)'s
home. Clients have the right to choose where the care will be provided as well as the type of child care provider they wish to use.

What's Happening?

The Department of Human Services (DHS) has posted additional crimes that may disqualify child care providers from receiving payments. Before enrolling a day care aide or relative care provider, the
prospective provider must complete the DHS-220, Day Care Aide/Relative Care Provider Application. A Central Registry (CR) check must also be completed.

The prospective day care aide or relative care provider must certify by completing the DHS-220 that he/she meets all of the following requirements:
• Has provided proof of identity, age, and a valid social security number.
• Is at least 18 years of age during the time care is provided.
• Is related to the child needing care as a grandparent/step-grandparent,
great-grandparent/step-great-grandparent,aunt/step-aunt,
uncle/step-uncle, or adult sibling/step-sibling if providing care as a relative care provider in his/her own home, not the home where the child lives.
• Has provided proof of residence and/or mailing address if requested.
• Is able to read and write.
• Does not have any physical impairment or other problem whichwould hinder the aide/relative in giving adequate care and supervision to children.
• Knows how and when to seek help from others.
• Does not have family responsibilities or other obligations which would interfere with providing child care to children.
• Gives the parents/substitute parents of the children in his/her care unlimited access to their children while they are in his/her care.
• Does not care for more than six children (including his/her own
children) at the same time.
• Does not care for more than two children (including his/her own
children) under the age of 12 months at the same time.
• Does not charge the parent/substitute parent more than what he/
she charges the general public.
• Is not a member of the CDC program group, the CDC applicant or the CDC applicant’s spouse who lives in the home.
• Is not on Central Registry as a person responsible for the neglect and/or abuse of a child(ren) in a substantiated Children’s Protective Services case.
• For a relative care provider, does not have an adult member of his/her home, who is on Central Registry as a person responsible for the neglect and/or abuse of a child(ren) in a substantiated Children’s Protective Services case.
• For a relative care provider, reports to the local DHS office any change in the adults living in his/her household.
• Has not been convicted of a crime listed here or an administrative review of a crime has determined he/she is eligible.
• Has not had his/her child care center/group home license or family home registration revoked, and his/her license/registration is not currently suspended.


A full list of additional crimes may be found at: http://www.mfia.state.mi.us/olmweb/ex/pem/704.pdf

What Should Advocates Do?

Advise child care providers to disclose prior convictions when filling out the DHS day care provider form. If a provider feels that they have been wrongfully terminated, investigate the nature of the conviction as it compares to the list of crimes in PEM 704. Out of state convictions are not be classified in the same manner and may not meet the same criteria for termination or denial.

What Should Clients Do?

Contact an attorney if you feel that you have been wrongfully terminated or denied assistance. Honestly disclose any prior convictions in order to avoid fraudulent payments.

Finding Help

Most legal aid and legal services offices handle these types of cases, and they do not charge a fee. You can locate various sources of legal and related services, including the free legal aid office that serves your county, at MichiganLegalAid.org. You can also look in the yellow pages under "attorneys" or call the toll-free lawyer referral number, (800) 968-0738.