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))
The applicant Tribe or tribal consortium also certifies
that:
- 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)
- By the end of each three year funding period (expenditure
period for each Federal fiscal year8217s grant funding),
the Tribe must have expenditures that are equal to grant
funds received for that that Fiscal Year. (98.67(c))
|