Approved Relative 400-28-105-20

(Revised 10/1/12 ML #3348)

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NDAC 75-02-01.3-05

 

An Approved Relative is a provider, whose relationship to the child by marriage, blood, or court degree, is a:

NOTE: Siblings cannot be an ‘approved relative’ provider if the sibling resides with the child.

The approved relative must qualify to participate as a provider for Child Care Assistance Program. To qualify, the relative must complete the application SFN 23, Application for Approval for Relative Child Care Provider and W-9, Request for Taxpayer Identification Number and Certification forms and return to Public Assistance Division for processing.

 

To assure health and safety of children, applications are reviewed against known information within ND Department of Human Services before approving a relative provider along with the:

 

An Approved Relative’s request to be a provider will be denied or will be terminated in an ongoing case at the end of the month notification is given by the Department when the applicant and household members have been found guilty of, pled guilty to, or pled no contest to:

  1. Homicide, assaults, threats, coercion, harassment, kidnapping, sexual performances by children, gross sexual imposition, continuous sexual abuse of a child, sexual imposition, corruption or solicitation of minors, luring minors by computer or other electronic means, sexual abuse of wards, sexual assault, robbery, burglary, promoting prostitution, facilitating prostitution, child procurement or abuse or neglect of a child;
  2. An offense under the laws of another jurisdiction which requires proof of substantially similar elements as required for conviction under any of the offenses identified in #1 above; or
  3. An offense, other than an offense identified in #1 and #2 if the department determines that the individual has not been sufficiently rehabilitated. An offender’s completion of a period of five years after final discharge or release from any term of probation, parole, or other form of community corrections or imprisonment, without subsequent charge or conviction, is prima facie evidence of sufficient rehabilitation.

The department has determined that the offenses in #1 and # 2 above have a direct bearing on the applicant’s ability to serve the public in a capacity as a provider.

 

In the case of misdemeanor simple assault or equivalent conduct in another jurisdiction which requires proof of substantially similar elements as required for conviction, the department may determine that the individual has been sufficiently rehabilitated if five years have elapsed after final discharge or release from any term of probation, parole, or other form of community corrections or imprisonment, without subsequent conviction.

  

An approval or denial letter is sent to the applicant relative provider. An applicant may appeal the decision by submitting a signed written request to the agency within 30 days from the date of the notice of the letter. During an appeal process, payments will not be made by the Child Care Assistance Program (CCAP).

 

Approved relatives are approved to provide care for a specific child(ren) who is identified on their approval letter. CCAP can only make payment for a child(ren) who is identified on the provider’s approval letter.