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Guide for Implementing Child Care Legislation

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Information for Child Care Providers
and Child Care Governing Boards

How can family child care home providers and center-based child care providers participate in the program?

  • They can let Federal families currently enrolled in their child care facility know about this program.
  • They can contact Federal employees who were interested in their child care program and let them know about the program.
  • They can contact agency representatives and let them know whether or not there are spaces available for additional children.
  • They can make fliers and written information about the child care program available to the Federal community.
  • They can let families know how to apply for the subsidy.
  • Federal child care centers can advertise the program to their parents and prospective parents and let the agencies know when they have available spaces in their programs. They can work with the agency Human Resources departments to advertise the program to employees.

How can child care governing boards at Federally sponsored child care centers participate in this program?

  • They should market the program in ways similar to those mentioned above.
  • They should provide information (a flier or brochure) to the child care center provider for dissemination to families.
  • If the governing board is going to administer the program for the agency’s Federally-sponsored child care center, it should provide parents with information about how they can apply for the subsidy.

Are there any special restrictions for governing board members who are Federal employees related to administering these programs?

Federal employees are prohibited by 18 U.S.C. § 205 from engaging in certain representational activities before the Government. An exception in this law allows employees to represent a non-profit organization, if a majority of the organization’s members are current Federal employees or the spouses or dependent children of Federal employees. The representation permitted must be without compensation, must be consistent with the faithful performance of the employee’s official duties, and must not be for the purpose of seeking Federal funds for the organization. This means, for example, that an employee who is on a child care center’s board may not contact an agency on behalf of the center to seek subsidy funds for the center. Such a contact would have to be made by a person who is not a Federal employee.

A Federal employee is prohibited by 18 U.S.C. § 208 from participating personally and substantially in an official capacity in particular matters in which an organization he or she serves as director or trustee has a financial interest. This means, for example, that an employee who is on a child care center’s board may not be involved in his/her agency’s decision of whether to provide a subsidy for children at the center.

See Appendix F: Child Care Provider Information Form - OPM Reporting Form 1644

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