Statutory and Regulatory Requirements That Will Not be
Waived
The following are the Child Care and Development Fund (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 CFR 98.12, 45 CFR 98.14(a)&(b), 45 CFR
98.81(b((3)(1), 45 CFR 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
Temporary Assistance for Needy Families (TANF) agency and/or
Tribal TANF agency – if the Tribe is operating its own
TANF program (45 CFR 98.14(a), 45 CFR 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 CFR 98.81(b)(3)(ii), 45 CFR
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 three 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 CFR 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 CFR 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
9 (45 CFR 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 CFR 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 CFR 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 CFR 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 CFR 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 CFR 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
CFR 98.84, but not including the base amount provided under
45 CFR 98.83(e)) shall be expended for administrative activities.
Amounts used for construction and major renovation in accordance
with 45 CFR 98.84 are not considered administrative costs
(45 CFR 98.52(b), 45 CFR 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 CFR 98 Subpart G (45 CFR 98.67(c)).
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