The applicant Tribe or tribal consortium assures that:
- Upon approval, it will have in effect a program that complies
with the provisions of the Plan printed herein, and is administered
in accordance with the Child Care and Development Block Grant
Act of 1990, as amended, Section 418 of the Social Security
Act, and all other applicable Federal laws and regulations.
(658D(b), 658E(a), 98.15(a)(1))
- The parent(s) of each eligible child within the Tribe or
tribal service area who receives or is offered child care
services for which financial assistance is provided is given
the option either to enroll such child with a child care provider
that has a grant or contract for the provision of the service
or to receive a child care certificate. (658E(c)(2)(A)(i),
98.2, 98.30, 98.15(a)(2)) [Exempt Tribal Lead Agencies are
not required to operate certificate programs.]
- In cases in which the parent(s) elect(s) to enroll the
child with a provider that has a grant or contract with the
Lead Agency, the child will be enrolled with the eligible
provider selected by the parent to the maximum extent practicable.
(658E(c)(2)(A)(ii), 98.15(a)(3), 98.30)
- The child care certificate offered to parents shall be
of a value commensurate with the subsidy value of child care
services provided under a grant or contract. (658E(c)(2)(A)(iii),
98.15(a)(4), 98.30) [Exempt Tribal Lead Agencies are not required
to operate certificate programs.]
- The Tribe, or tribal consortium, 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. (98.12, 98.14(a)&(b), 98.81(b)(3)(i), 98.82)
- Tribal Child Care and Development Fund programs and activities
will be carried out for the benefit of Indian children on
an Indian reservation (except for Programs located in Alaska,
California, or Oklahoma). (98.81(b)((3)(ii), 98.83(b)).
- With respect to State and local regulatory requirements
(or tribal regulatory requirements), health and safety requirements,
payment rates, and registration requirements, State or local
(or tribal) rules, procedures or other requirements promulgated
for the purpose of the Child Care and Development Fund will
not significantly restrict parental choice from among categories
of care or types of providers. (658E(2)(A), 98.15(a)(5), 98.15(p),
98.30(e)&(f), 98.40(b)(2), 98.41(b), 98.43(d), 98.45(d))
- It has procedures in place to ensure that providers of child
care services for which assistance is provided under the Child
Care and Development Fund afford parents unlimited access
to their children and to the providers caring for their children
during the normal hours of operation and whenever such children
are in the care of such providers. (658E(c)(2)(B), 98.15(b)(1),
98.31)
- It maintains a record of substantiated parental complaints
and makes information regarding such complaints available
to the public on request. (658E(c)(2)(C), 98.15(b)(2), 98.32)
- It will collect and disseminate to parents of eligible
children and the general public, consumer education information
that will promote informed child care choices. (658E(c)(2)(D),
98.15(b)(3), 98.33)
- There are in effect licensing requirements applicable to
child care services provided within the State (or area served
by the tribal Lead Agency), pursuant to §98.40. (98.15(b)(4),
98.40)
- There are in effect, under tribal, local or State law,
requirements designed to protect the health and safety of
children; these requirements are applicable to child care
providers that provide services for which assistance is made
available under the Child Care and Development Fund. (658E(c)(2)(F),
98.15(b)(5), 98.41)
- Procedures are in effect to ensure that child care providers
that provide services for which assistance is provided under
the Child Care and Development Fund comply with all applicable
health and safety requirements. (658E(c)(2)(G), 98.15(b)(6),
98.41)
- Payment rates under the Child Care and Development Fund
for the provision of child care services will be sufficient
to ensure equal access for eligible children to comparable
child care services in the Tribe or tribal service area that
are provided to children whose parents are not eligible to
receive assistance under this program or under any other Federal
or State child care assistance programs. (658E(c)(4)(A), 98.15(b)(7),
98.43)
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