Statutory and Regulatory Requirements That Will Not be Waived
The following are the CCDF statutory and regulatory requirements
that will not be waived under a consolidated 102-477 plan.
- Grantees will coordinate, to the maximum extent feasible,
with the Lead Agency(ies) in the State(s) in which the child
care programs or activities will be carried out. (658O(c)(2)(A)
of the Act, 45 C.F.R. 98.12, 45 C.F.R. 98.14(a)&(b), 45
C.F.R. 98.81(b((3)(1), 45 C.F.R. 98.82)
- Grantees must describe the results of the Lead Agency's
coordination activities with agencies responsible for health
(including the agency responsible for immunizations), education,
employment services or workforce development, and the State
TANF agency and/or tribal TANF agency - if the Tribe is operating
its own TANF program. (45 C.F.R. 98.14(a), 45 C.F.R. 98.16(d))
- With the exception of applicants located in Alaska, California,
or Oklahoma, CCDF programs and activities will be carried
out for the benefit of Indian children on Indian reservations.
(658O(c)(2)(B) of the Act, 45 C.F.R. 98.81(b)(3)(ii), 45 C.F.R.
98.83(b))
- Applicants must demonstrate the administrative capability
to successfully administer the proposed program in their initial
plan. (658O(c)(3)(B) of the Act)
- Grants and/or contracts are limited to a period of no more
than 3 years. (658O(c)(4) of the Act)
- Funds may not be used for the purchase or improvement of
land. (658F(b)(1) of the Act, 45 C.F.R. 98.54(b)(1))
- Funds may not be used to pay for tuition or to contract
for sectarian activities including worship or instruction.
(658M of the Act, 45 C.F.R. 98.54(c)&(d))
- Applicants must assure they will comply with provisions
regarding a drug-free workplace, nondiscrimination, section
504 of the Rehabilitation Act of 1973, Education Amendments,
and Age Discrimination Act of 1975, as amended at 45 CFR part
91. (45 C.F.R. 98.13(b)(5))
Note: Since these certifications and assurances are
required as part of the consolidated 102-477 plan, they do
not need to be submitted with the CCDF application.
- At least one public hearing must be held by Tribes to allow
for public comment. (45 C.F.R. 98.14(c))
- Grantees shall establish, and periodically revise a sliding
fee scale(s) that provides for cost sharing by families, and
is based on income and family size. Grantees may waive contributions
and may apply different sliding fee scales. (658E(c)(5) of
the Act, 45 C.F.R. 98.42)
- There are in effect, under tribal, local or State law, requirements
designed to protect the health and safety of children that
are applicable to child care providers of services for which
CCDF assistance is provided. These requirements shall include
the prevention and control of infectious diseases (including
immunizations); building and physical premises safety; and
minimum health and safety training appropriate to the provider
setting. (45 C.F.R. 98.41(a))
- Grantees must submit a request to the Secretary of the Department
of Health and Human Services, in accordance with uniform procedures,
to use funds for construction and renovation purposes. Funds
may not be used for construction or major renovation of child
care facilities until the Tribe's 102-477 scope of work has
been modified to allow for construction or major renovation.
(658O(c)(6)(C) of the Act, 45 C.F.R. 98.84(a)&(b))
- Grantees are not permitted to use amounts for construction
or renovation purposes if such use will result in a decrease
in the level of services provided by the grantee in the preceding
fiscal year. (658O(c)(6)(C) of the Act, 45 C.F.R. 98.84(b)(3))
- Not more than 15 percent of the aggregate CCDF funds expended
by a Tribal Lead Agency from each fiscal year (including amounts
used for construction and renovation in accordance with 45
C.F.R. 98.84, but not including the base amount provided under
45 C.F.R. 98.83(e)) shall be expended for administrative activities.
Amounts used for construction and major renovation in accordance
with 45 C.F.R. 98.84 are not considered administrative costs.
(45 C.F.R. 98.52(b), 45 C.F.R. 98.83(g))
- Grantees' fiscal and accounting procedures shall be sufficient
to permit the preparation of required reports and the tracing
of expenditures to a level of expenditure adequate to establish
that such funds have not been used in violation of 45 C.F.R.
98 Subpart G.(45 C.F.R. 98.67(c))
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