Sec.17b-749-02. Rights and responsibilities

(a) Rights of Parents and Providers

(1) Parents shall have the right to apply for assistance or withdraw an application, to request discontinuance or reapply for CCAP at any time.

(2) Parents shall have the right to choose a child care provider who meets the requirements of section 17b-749-12 of the Regulations of Connecticut State Agencies.

(3) Parents and providers shall have the right to be treated fairly without regard to race, color, religion, sex or sexual orientation, marital status, national origin, ancestry, age, political beliefs, or disability.

(4) Parents and providers who speak Spanish shall have the right to request and receive forms and notices in Spanish. They shall have the right to have the CCAP Administrator provide an interpreter when contacting the CCAP program. Other non-English speaking individuals or persons with limited-English proficiency shall have the right to request an interpreter provided by the CCAP administrator.

(5) Individuals with vision or hearing impairments shall have the right to request auxiliary aids or other accommodations.

(6) Parents and providers who are not satisfied with actions taken by the case worker shall have the right to speak to a supervisor, a grievance mediator or other individual not directly involved with the parent's case.

(7) Parents shall have the right to an administrative hearing or an administrative disqualification hearing as set forth in sections 17b-749-21 and 17b-749-22 of the Regulations of Connecticut State Agencies.

(8) Parents shall have the right to appeal to the U.S. Department of Health and Human Services Office of Civil Rights if they feel that the Department or the CCAP administrator has violated their civil rights.

(9) Parents receiving TFA cash assistance shall be informed of the availability of exemptions from mandatory participation in employment services activities if appropriate child care is not available, affordable or cannot be accessed.

(10) Parents who state that they or their children have been victims of domestic violence or who state that they are at risk of further domestic violence shall be informed of the available community services that assist victims of domestic violence and how to voluntarily and confidentially access these services.

(b) Responsibilities of Parents and Providers

(1) Parents and providers shall be responsible for supplying all requested forms, information and verification needed to determine eligibility and calculate the amount of benefits within fifteen days of the date the information was initially requested or by the date specified by the department.

(2) Parents shall permit the department to verify information independently whenever necessary to determine eligibility or calculate the amount of benefits.

(3) Parents shall report changes in household circumstances and child care arrangements within ten days of the date of the change, including but not limited to the following circumstances:

(A) residency;

(B) address;

(C) household composition;

(D) citizenship or non-citizen status;

(E) countable income of a family member;

(F) employment status, including a change in employers, income, work schedule or work hours;

(G) any change in the child care arrangements, including changes in providers or the location where care is given, a change in the relationship of the provider to the child, cost, or the need for child care;

(H) employment service activities, including changes in schedule or the hours of participation; and

(I) high school attendance.

(4) Parents shall not be required to report changes in a child's age provided the child's date of birth has been accurately reported.

(5) Parents shall report changes in household circumstances or child care arrangements in writing, by phone or in person directly to the CCAP administrator within ten days of the date of the change. Changes that are not reported timely may result in ineligibility, the loss of benefits or in an overpayment pursuant to the requirements of sections 17b-749-02 through 17b-749-23, inclusive.

(6) To be eligible for CCAP, parents and providers shall cooperate in taking any actions necessary to establish eligibility or payment level. Parents and providers shall cooperate with the department's fraud investigation and quality control divisions by completing any required forms, responding to scheduled interview appointments and by making requested records or information available. Parents and providers who do not cooperate may be determined to be ineligible for CCAP until they cooperate.

(7) Providers shall submit invoices to the CCAP administrator that accurately report information about attendance and the cost of care.

(8) Providers shall report changes in the child care arrangements, including but not limited to changes in the hours of care, actual charges, changes in programs due to a change in the age group of the child, the location where care is given and any changes in licensing or accreditation status pursuant to subdivision (b)(5) of section 17b-749-12 of the Regulations of Connecticut State Agencies.

(c) Responsibilities of the CCAP Administrator

(1) The CCAP administrator shall assure that the rights of parents and providers are upheld in accordance with the requirements of this section.

(2) The CCAP administrator shall give parents the opportunity to file an application at any time.

(3) The CCAP administrator shall take timely action within the time frames established in sections 17b-749-1 through 17b-749-23 of the Regulations of Connecticut State Agencies, inclusive, to process applications, redeterminations and changes in household circumstances and child care arrangements and to determine the impact on eligibility or benefits.

(4) The CCAP administrator shall give parents and providers written notice of actions they are required to take to establish program or payment eligibility.

(5) The CCAP administrator shall provide parents and providers with written notice of any decisions that affect eligibility or benefits.

(6) The CCAP administrator shall provide parents or their legal representatives with reasonable access to case record information, including computer information that is part of the parents case record, subject to the limitations established in subsection (d) of this section. Parents shall submit a written statement granting their legal representative access to case record information. The information shall be made available within a reasonable period of time following submission of the written request at a location mutually agreed to by both parties, unless the information can only be accessed at a specific location. If an administrative hearing has been scheduled, the information shall be made available prior to the hearing.

(7) The CCAP administrator shall inform parents of their rights and of any benefits that may be available to them under the CCAP program.

(d) Safeguarding Information

(1) Information about the family shall not be disclosed by the department except when disclosure is authorized by law, including but not limited to the following reasons:

(A) when directly connected with the administration of CCAP or other programs administered by the department or the administration of other state or federally assisted programs that are needs based;

(B) for purposes related to performing quality assurance audits or fraud investigations; or

(C) when necessary to determine the suitability of child care arrangements.

(2) By making application, parents and families shall grant the CCAP administrator permission to share information with the child care provider to the extent necessary to determine eligibility, the level of benefits or to notify the provider of information concerning eligibility or payments. Personal family information not relevant to such determinations shall not be disclosed and not be shared with the provider. Providers for whom a current child care agreement form is on file with the CCAP administrator may contact the administrator to determine the status of an application.

(3) Information about the provider shall be shared with the parent if the information is considered public information, or as needed to determine payment eligibility or to inform the parent of the reason the provider does not meet the eligibility requirements. By enrolling in the CCAP program, providers shall grant the CCAP administrator permission to share information concerning compliance with the program health and safety standards with the parent, including the results of criminal and child abuse or neglect background checks.

(4) Application information shall be disclosed to a landlord, employer or other third party only to the extent necessary to obtain specified information or verification from such parties.

(5) Information may be disclosed to any authorized representative of the Commissioner of the Department of Administrative Services (DAS), the Commissioner of the Department of Public Safety (DPS), the Office of the Chief State's Attorney, local police departments, the Office of Attorney General, or the Judicial Department, Support Enforcement Division for the purpose of collection of overpayments, investigating fraud, collection of child support or the location of absent parents or for any other purpose for which disclosure of such information is permitted by law.

(6) Information shall be disclosed to any authorized representative of the Commissioner of Mental Health and Addiction Services when necessary for the implementation and operation of the basic needs supplement program or for the management of and payment for behavioral health services for applicants and recipients of general assistance.

(7) Information shall be released to any authorized representative of the Commissioner of the Department of Labor or to his official designee when required for the administration of the Unemployment Compensation or employment services programs or activities.

(8) Information shall be released to any authorized representative of the Commissioner of Children and Families concerning a child's health, safety or welfare if the same is determined to be in imminent danger as determined by the Department of Children and Families or the Department of Social Services. Notwithstanding a request for information, the department shall notify the commissioner of Children and Families or his official designee if there is reason to believe that any child under the age of eighteen is being subjected to physical or mental abuse or neglect while in the care of a parent or child care provider.

(9) The current address of an applicant or recipient of benefits shall be disclosed to federal, state, or local law enforcement officers under the following conditions:

(A) if such officer provides the department with a name of such applicant or recipient of benefits; and

(B) if the family member is fleeing to avoid prosecution, or custody or confinement after conviction; and

(C) the law enforcement officer provides the family member's name and indicates that the conditions listed above in (A) and (B) exist and verifies that the location or apprehension of the recipient is within his or her official duties.

(Adopted effective July 10, 2001)