3-013.02D IPV Disqualification

If an individual is found to have committed an IPV, a period of disqualification must be imposed. The period may be determined by the Director after an administrative disqualification hearing, or without a hearing if the individual waives his or her right to a hearing. The period of disqualification is:

1. For a first violation, up to one year;
2. For a second violation, up to two years; and
3. For a third violation, permanent disqualification.

The disqualification applies to the individual found to have committed the IPV and his/her family.

These penalties will also be imposed if the individual is found by a court to have committed IPV.

Note: Before a referral is made for IPV for a family being served through HHS protection and safety services or Employment First, there must be consultation and agreement by the protection and safety or Employment First staff involved with the case.

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Family Disqualification: The IPV disqualification applies to the client and any children for whom the client is responsible.
For example, Mom has two children for whom she fraudulently obtained child care. When the disqualification is imposed, the children would be ineligible for child care as long as they reside with Mom. If the children subsequently are placed in foster care, they would be eligible for child care while in the foster care placement. Or, the children could live with their grandmother, for example, and receive child care.
The IPV disqualification period continues even if the family is not receiving Child Care Subsidy.

Example 1: A mother is found to have committed her first Child Care IPV due to unreported income. Her IPV disqualification period is for 12 months, from June through the following May. Her Child Care Subsidy case is closed for June. She reapplies in May of the following year, which would be Month 11 of her 12-month period of IPV disqualification. If all other eligibility elements are met, Mom could again receive Child Care Subsidy beginning in June.

Example 2: The father in a two-parent family is found to have committed a Child Care IPV due to failure to report a second job. This is the second IPV disqualification for him, and the Director has imposed a 24-month disqualification period. The Child Care Subsidy case is closed in February.
In July, the family notifies their worker that they are moving to another state. The following March, the family moves back to Nebraska and reapplies for several programs, including Child Care Subsidy. The worker determines that the IPV disqualification period is now in Month 14. The IPV disqualification period continued even though the family was living in another state and the Nebraska Child Care Subsidy case was closed.