Program Instruction CCDF-ACF-PI-2008-01—Verification of Citizenship and Immigration Status by Non-Profit Organizations and Head Start Grantees
Index: CCDF-ACF-PI-2008-01 | Program Managers in ACF Regional Offices
Related Item: Program Instruction: ACYF-PI-CC-98-08, "Clarification of "Federal Public Benefit"
Program Instruction (CCDF-ACF-PI-2008-01) (also available in Word and PDF)
ACF Administration for Children And Families | U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES |
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1. Log No: CCDF-ACF-PI-2008-01 |
2. Issuance Date: May 2, 2008 |
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3. Originating Office: Child Care Bureau, Office of Family Assistance |
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4. Key Words: Child Care and Development Fund, Eligibility, Federal public benefits, Head Start, Non-Profit Organizations, Verification |
TO: |
State, Territorial, and Tribal Lead Agencies administering child care programs under the Child Care and Development Block Grant Act of 1990 (the CCDBG Act), as amended, and other interested parties. |
SUBJECT: |
Clarification of policy regarding verification of the citizenship and immigration status of Child Care and Development Fund (CCDF) applicants when non-profit organizations determine eligibility for the CCDF program and when a child receives combined CCDF and Head Start services. |
REFERENCES: |
The CCDBG Act; Section 418 of the Social Security Act; 45 CFR Parts 98 and 99; Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996; 63 FR 41662 – 41686; ACYF-PI-CC-98-08. |
PURPOSE: |
This Program Instruction clarifies previous policy guidance and responds to inquiries received from a number of States regarding verification of the citizenship and immigration status of CCDF applicants.
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BACKGROUND:
| Title IV of PRWORA requires programs offering Federal public benefits to verify the citizenship and immigration status of beneficiaries of program services. CCDF is considered a program providing Federal public benefits subject to this requirement. In 1998, the Child Care Bureau issued a Program Instruction titled, “Clarification of ‘Federal public benefit’ Regarding Child Care and Development Fund Services” (ACYF-PI-CC-98-08). This guidance established that for implementing verification requirements mandated by title IV, only the citizenship and immigration status of the child is relevant for eligibility purposes. The Program Instruction also provided guidance on exemptions to verification requirements for non-profit charitable organizations and for agencies providing combined CCDF and Head Start services. |
POLICY: | Non-Profit Organizations This Program Instruction clarifies that, while non-profit organizations are exempt from verification requirements mandated by title IV of PRWORA, this exemption does not release the Lead Agency from its responsibilities to assure that only individuals “eligible” for services receive them. If a non-profit organization contracted by the Lead Agency elects not to verify the citizenship and immigration status of applicants for CCDF benefits, the Lead Agency retains this responsibility and therefore must establish procedures for verification. A Lead Agency may want to consider this fact when entering into an agreement with the non-profit charitable organization. A Lead Agency could choose to enter into contracts only with non-profit organizations that are willing to verify citizenship and immigration status when determining eligibility for CCDF services. Head Start Programs
The 1998 guidance broadly implied that a Head Start grantee that operates a Head Start program and also administers a separate program for children entirely supported by CCDF funds is not subject to verification requirements. This new Program Instruction clarifies that only when an agency provides child care services that are subject to the Head Start Performance Standards and supported by combined Head Start and CCDF funding, do verification requirements mandated by title IV not apply. If a Head Start grantee also administers a separate program for children (not subject to Head Start Performance Standards) entirely supported by CCDF funds, this separate CCDF program would not be exempt from PRWORA’s verification requirements. This is a more narrow interpretation than what was stated in ACYF-PI-CC-98-08. Verification Procedures |
ADDITIONAL QUESTIONS: | Additional questions should be directed to the appropriate Regional Office (see attached list). |
ATTACHMENTS: | 1. Child Care Bureau Program Managers in ACF Regional Offices |
/s/ _________________________ Sidonie Squier Director Office of Family Assistance |
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cc: ACF Regional Child Care Program Managers |
Index: CCDF-ACF-PI-2008-01 | Program Managers in ACF Regional Offices
Related Item: Program Instruction: ACYF-PI-CC-98-08, "Clarification of "Federal Public Benefit"