Section 10.12 - Sanctions(1)Intentional Program Violation (IPV) and Substantiated Fraud. A parent determined by EEC to have committed Substantiated Fraud or an Intentional Program Violation shall have a period of disqualification from eligibility for each child the parent is authorized for pursuant to the following:(a)First Offense of IPV. If a parent is determined to have committed an IPV then the parent shall receive a warning notification putting the parent on notice that subsequent offenses will result in disqualification.(b)Second Offense of IPV. If a parent is determined to have committed a second IPV, then the parent shall be disqualified from eligibility for a period of 12 months from the date of termination. After that time the parent is eligible to return to the waitlist in accordance with 606 CMR 10.04 or, pursuant to the applicable referral, in accordance with 606 CMR 10.05 and 10.06.(c)Third Offense of IPV. If a parent is determined to have committed a third IPV, then the parent shall be disqualified from eligibility for a period of 24 months from the date of termination. After that time the parent is eligible to return to the waitlist in accordance with 606 CMR 10.04 or, pursuant to the applicable referral, in accordance with 606 CMR 10.05 and 10.06(d)Fourth or More Offense of IPV or Substantiated Fraud. If a parent is determined to have committed a fourth or more IPV, or Substantiated Fraud, the parent shall be disqualified from eligibility until any debt resulting from the Substantiated Fraud is repaid or for a period of 36 months from the date of termination, whichever is greater. After that time the parent is eligible to return to the waitlist in accordance with 606 CMR 10.04 or, pursuant to the applicable referral, in accordance with 606 CMR 10.05.(e)606 CMR 10.12 shall not apply to the issuance of an IPV for non-payment of parent fees, which shall follow the process pursuant to 606 CMR 10.12(2).(2)Non-payment of Fees. If a parent is determined to be in violation of the parent fee obligation required by 606 CMR 10.03(2), the parent may incur an Intentional Program Violation pursuant to the following: (a) Upon the non-payment of a parent fee, the provider shall issue a written warning to the parent that payment is due. If, after receiving the warning, the parent pays the balance owed prior to the due date for the next scheduled parent fee payment, no further action or sanction shall apply and an IPV shall not issue.(b) If the parent does not pay the balance owed following receipt of the warning and does not pay the next scheduled parent fee payment owed on or by its due date, the provider may enter a repayment plan with the parent or the provider or Family Access Administrator may issue a notice of termination for non-payment of fees to the parent.(c) The provider may choose to enter into a repayment plan with the parent in lieu of issuing a termination notice, the terms of which must be agreed upon by both parties. If a parent adheres to the payment schedule of the repayment plan, no further action or sanction shall apply and no IPV shall issue. If a parent does not adhere to the payment schedule of the repayment plan, the provider or Family Access Administrator may issue a notice of termination for non-payment of fees to the parent.(d) A termination notice for non-payment of fees must be delivered to the parent 14 calendar days prior to termination of care and must state that services to the family will end 14 calendar days from the date the notice is delivered if the parent does not pay the overdue balance.(e) If the parent does not pay the overdue balance prior to the termination date listed in the termination notice, EEC shall issue the parent an IPV and child care financial assistance shall be terminated until the unpaid balance is paid in full. Following termination, if the parent pays the unpaid balance in full, the parent is eligible to return to care if allowable under 606 CMR 10.10(4) or (5) or is eligible to return to the waitlist in accordance with 606 CMR 10.04, or pursuant to the applicable referral in accordance with 606 CMR 10.05 and 10.06.(3)Exemptions to Sanctions.(a) A parent with an active TAFDC case in accordance with 606 CMR 10.05(4)(a) shall be exempt from the termination or disqualification sanctions during the period their TAFDC case remains open or through the end of their eligibility period under 606 CMR 10.05(4)(a), whichever is later.(b) A parent with an active DCF referral pursuant to 606 CMR 10.06 will be exempt from the termination or disqualification sanctions during the period the parent receives DCF-related child care pursuant to 606 CMR 10.06(4).Amended by Mass Register Issue 1385, eff. 2/22/2019.Amended by Mass Register Issue 1480, eff. 10/14/2022.Amended by Mass Register Issue 1505, eff. 9/29/2023.