Child Care Bureau: Laws, Policies, Program Instructions, and Allocations

Program Instruction CCDF-ACF-PI-2007-02—FY 2008 Application and Plan Procedures for 102-477 Grantees

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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)).