Responsibilities of State Lead Agencies (45 CFR 98.10—98.17)
Under the Child Care and Development Fund (CCDF), State Lead Agencies have considerable latitude in administering and implementing their child care programs. Many options exist, even within the requirements of the statute and the regulations. The following list include some of the basic responsibilities of a State Lead Agency as found in the statute and the regulations.
A Lead Agency is designated by the chief executive of a state or territory and has the responsibility and authority to:
- Administer and/or implement child care programs, directly or indirectly, through other local Agencies whether public, private, non-profit, or for profit. If the Lead Agency administers or implements the CCDF program indirectly, it must have written agreements with such agencies, which specify mutual roles and responsibilities.
- Maintain its overall responsibility for child care programs. The lead agency determines the basic use of CCDF funds and the priorities for spending CCDF funds and:
- Promulgates the rules governing overall administration.
- Submits all reports required by the Secretary.
- Assures program compliance with the approved plan and all Federal requirements.
- Oversees the spending of funds by subgrantees and contractor
- Monitors programs and services.
- Fulfills the responsibilities of any subgrantee that does not comply with:
- fiscal management;
- program implementation;
- monitoring;
- responding to complaints.
- Serve as the single point of contact for all child care issues.
- Develop a Program Plan at the time and in the manner specified by the Secretary
The CCDF Plan, which the Lead Agency must submit to the Secretary for funding identifies and provides the:
- Lead Agency.
- Entity designated to receive private donated funds.
- Purposes for which the funds will be expended.
- Amount of funds requested, as prescribed by the Secretary.
- Information specified by the Secretary.
In developing the CCDF Plan, the Lead Agency must:
- Consult with the appropriate representative of local government.
- Coordinate the provision of services with other Federal, State, and local child care and early childhood development programs including such programs for the benefit of Indian children.
- Hold at least one public hearing
The CCDF Plan includes assurances that:
- The Lead Agency will comply with all the requirements of the Act and the regulations.
- CCDF funds will not be used for lobbying.
- The Lead Agency provides a drug-free workplace.
- No principals have been disbarred.
- The Lead Agency enforces applicable provisions regarding nondiscrimination.
- The Lead Agency complies with the Pro-Children Act of 1994, regarding prohibitions on smoking.
Upon approval of the Plan, the Lead Agency will have in place a child care program that:
- Complies with the provisions of the Plan.
- Is administered in accordance with the CCDBG of 1990, as amended; section 418 of the Social Security Act; and all other applicable laws and regulations.
Other Lead Agency responsibilities:
- Lead Agencies must have an audit conducted after the close of each program period and ensure that subgrantees are audited in accordance with appropriate audit requirements.
- Lead Agencies must submit fiscal and program reports as prescribed by the Department of Health and Human Services.
- Lead Agencies must submit Plan amendments within 60 days of the effective date of substantial change in the program.