Collapse to view only § 9858n. Definitions
- § 9857. Short title and purposes
- § 9858. Authorization of appropriations
- § 9858a. Establishment of block grant program
- § 9858b. Lead agency
- § 9858c. Application and plan
- § 9858d. Limitations on State allotments
- § 9858e. Activities to improve the quality of child care
- § 9858f. Criminal background checks
- § 9858g. Administration and enforcement
- § 9858h. Payments
- § 9858i. Reports and audits
- § 9858j. Reports, hotline, and Web site
- § 9858k. Limitations on use of financial assistance for certain purposes
- § 9858l. Nondiscrimination
- § 9858m. Amounts reserved; allotments
- § 9858n. Definitions
- § 9858o. Parental rights and responsibilities
- § 9858p. Severability
- § 9858q. Miscellaneous provisions
- § 9858r. Studies on waiting lists
§ 9857. Short title and purposes
(a) Short title
(b) Purposes
The purposes of this subchapter are—
(1) to allow each State maximum flexibility in developing child care programs and policies that best suit the needs of children and parents within that State;
(2) to promote parental choice to empower working parents to make their own decisions regarding the child care services that best suit their family’s needs;
(3) to encourage States to provide consumer education information to help parents make informed choices about child care services and to promote involvement by parents and family members in the development of their children in child care settings;
(4) to assist States in delivering high-quality, coordinated early childhood care and education services to maximize parents’ options and support parents trying to achieve independence from public assistance;
(5) to assist States in improving the overall quality of child care services and programs by implementing the health, safety, licensing, training, and oversight standards established in this subchapter and in State law (including State regulations);
(6) to improve child care and development of participating children; and
(7) to increase the number and percentage of low-income children in high-quality child care settings.
(Pub. L. 97–35, title VI, § 658A, as added Pub. L. 101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–236; amended Pub. L. 102–401, § 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102–586, § 8(c)(1), Nov. 4, 1992, 106 Stat. 5036; Pub. L. 104–193, title VI, § 602, Aug. 22, 1996, 110 Stat. 2279; Pub. L. 113–186, § 2, Nov. 19, 2014, 128 Stat. 1971.)
§ 9858. Authorization of appropriations
There is authorized to be appropriated to carry out this subchapter $2,360,000,000 for fiscal year 2015, $2,478,000,000 for fiscal year 2016, $2,539,950,000 for fiscal year 2017, $2,603,448,750 for fiscal year 2018, $2,668,534,969 for fiscal year 2019, and $2,748,591,018 for fiscal year 2020.
(Pub. L. 97–35, title VI, § 658B, as added Pub. L. 101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–236; amended Pub. L. 102–401, § 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102–586, § 8(c)(1), Nov. 4, 1992, 106 Stat. 5036; Pub. L. 104–193, title VI, § 603(a), Aug. 22, 1996, 110 Stat. 2279; Pub. L. 113–186, § 3, Nov. 19, 2014, 128 Stat. 1971.)
§ 9858a. Establishment of block grant program
The Secretary is authorized to make grants to States in accordance with the provisions of this subchapter.
(Pub. L. 97–35, title VI, § 658C, as added Pub. L. 101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–236; amended Pub. L. 102–401, § 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102–586, § 8(c)(1), Nov. 4, 1992, 106 Stat. 5036.)
§ 9858b. Lead agency
(a) Designation
(b) Duties
(1) In general
The lead agency shall—
(A) administer, directly or through other governmental or nongovernmental agencies, the financial assistance received under this subchapter by the State;
(B) develop the State plan to be submitted to the Secretary under section 9858c(a) of this title;
(C) in conjunction with the development of the State plan as required under subparagraph (B), hold at least one hearing in the State with sufficient time and Statewide distribution of the notice of such hearing, to provide to the public an opportunity to comment on the provision of child care services under the State plan;
(D) coordinate the provision of services under this subchapter with other Federal, State and local child care and early childhood development programs; and
(E) at the option of an Indian tribe or tribal organization in the State, collaborate and coordinate with such Indian tribe or tribal organization in the development of the State plan in a timely manner.
(2) Development of plan
(Pub. L. 97–35, title VI, § 658D, as added Pub. L. 101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–236; amended Pub. L. 102–401, § 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102–586, § 8(c)(1), Nov. 4, 1992, 106 Stat. 5036; Pub. L. 104–193, title VI, § 604, Aug. 22, 1996, 110 Stat. 2281; Pub. L. 113–186, § 4, Nov. 19, 2014, 128 Stat. 1972.)
§ 9858c. Application and plan
(a) ApplicationTo be eligible to receive assistance under this subchapter, a State shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary shall by rule require, including—
(1) an assurance that the State will comply with the requirements of this subchapter; and
(2) a State plan that meets the requirements of subsection (c).
(b) Period covered by plan
(c) Requirements of a plan
(1) Lead agency
(2) Policies and proceduresThe State plan shall: 1
1 So in original. Subpars. (D) and following do not continue from introductory provisions.
(A) Parental choice of providersProvide assurances that—
(i) the parent or parents of each eligible child within the State who receives or is offered child care services for which financial assistance is provided under this subchapter are given the option either—(I) to enroll such child with a child care provider that has a grant or contract for the provision of such services; or(II) to receive a child care certificate as defined in section 9858n(2) of this title;
(ii) in cases in which the parent selects the option described in clause (i)(I), the child will be enrolled with the eligible provider selected by the parent to the maximum extent practicable; and
(iii) child care certificates offered to parents selecting the option described in clause (i)(II) shall be of a value commensurate with the subsidy value of child care services provided under the option described in clause (i)(I);
and provide a detailed description of the procedures the State will implement to carry out the requirements of this subparagraph.
(B) Unlimited parental access
(C) Parental complaints
(D) Monitoring and inspection reports
(E) Consumer and provider education informationThe plan shall include a certification that the State will collect and disseminate (which dissemination may be done, except as otherwise specified in this subparagraph, through resource and referral organizations or other means as determined by the State) to parents of eligible children, the general public, and, where applicable, providers—
(i) information about the availability of the full diversity of child care services that will promote informed child care choices and that concerns—(I) the availability of child care services provided through programs authorized by this subchapter and, if feasible, other child care services and other programs provided in the State for which the family may be eligible, as well as the availability of financial assistance to obtain child care services in the State;(II) if available, information about the quality of providers, as determined by the State, that can be provided through a Quality Rating and Improvement System;(III) information, made available through a State Web site, describing the State process for licensing child care providers, the State processes for conducting background checks, and monitoring and inspections, of child care providers, and the offenses that prevent individuals and entities from serving as child care providers in the State;(IV) other programs for which families that receive child care services for which financial assistance is provided under this subchapter may be eligible, including the program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), Head Start and Early Head Start programs carried out under the Head Start Act (42 U.S.C. 9831 et seq.), the program carried out under the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.), the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), the special supplemental nutrition program for women, infants, and children established under section 1786 of this title, the child and adult care food program established under section 1766 of this title, and the Medicaid and State children’s health insurance programs under titles XIX and XXI of the Social Security Act (42 U.S.C. 1396 et seq., 1397aa et seq.);(V) programs carried out under section 619 and part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.);(VI) research and best practices concerning children’s development, including social and emotional development, early childhood development, and meaningful parent and family engagement, and physical health and development (particularly healthy eating and physical activity); and(VII) the State policies regarding the social-emotional behavioral health of young children, which may include positive behavioral intervention and support models, and policies on expulsion of preschool-aged children, in early childhood programs receiving assistance under this subchapter; and
(ii) information on developmental screenings, including—(I) information on existing (as of the date of submission of the application containing the plan) resources and services the State can deploy, including the coordinated use of the Early and Periodic Screening, Diagnosis, and Treatment program under the Medicaid program carried out under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) and developmental screening services available under section 619 and part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.), in conducting developmental screenings and providing referrals to services, when appropriate, for children who receive assistance under this subchapter; and(II) a description of how a family or eligible child care provider may utilize the resources and services described in subclause (I) to obtain developmental screenings for children who receive assistance under this subchapter who may be at risk for cognitive or other developmental delays, which may include social, emotional, physical, or linguistic delays.
(F) Compliance with State licensing requirements
(i) In general
(ii) License exemption
(G) Training and professional development requirements
(i) In general
(ii) RequirementsThe plan shall provide an assurance that such training and professional development—(I) shall be conducted on an ongoing basis, provide for a progression of professional development (which may include encouraging the pursuit of postsecondary education), reflect current research and best practices relating to the skills necessary for the child care workforce to meet the developmental needs of participating children, and improve the quality of, and stability within, the child care workforce;(II) shall be developed in consultation with the State Advisory Council on Early Childhood Education and Care (designated or established pursuant to section 642B(b)(1)(A)(i) of the Head Start Act (42 U.S.C. 9837b(b)(1)(A)(i))), and may engage training providers in aligning training opportunities with the State’s training framework;(III) incorporates 2
2 So in original. Probably should be “incorporate”.
knowledge and application of the State’s early learning and developmental guidelines (where applicable), the State’s health and safety standards, and incorporates social-emotional behavior intervention models, which may include positive behavior intervention and support models;(IV) shall be accessible to providers supported through Indian tribes or tribal organizations that receive assistance under this subchapter; and(V) to the extent practicable, are appropriate for a population of children that includes—(aa) different age groups;(bb) English learners;(cc) children with disabilities; and(dd) Native Americans, including Indians, as the term is defined in section 5304 of title 25 (including Alaska Natives within the meaning of that term), and Native Hawaiians (as defined in section 7517 of title 20).(iii) Information
(iv) Construction
(H) Child-to-provider ratio standards
(i) StandardsThe plan shall describe child care standards for child care services for which assistance is made available in accordance with this subchapter, appropriate to the type of child care setting involved, to provide for the safety and developmental needs of the children served, that address—(I) group size limits for specific age populations, as determined by the State;(II) the appropriate ratio between the number of children and the number of providers, in terms of the age of the children in child care, as determined by the State; and(III) required qualifications for such providers, as determined by the State.
(ii) Construction
(I) Health and safety requirementsThe plan shall include a certification that there are in effect within the State, under State or local law, requirements designed to protect the health and safety of children that are applicable to child care providers that provide services for which assistance is made available in accordance with this subchapter. Such requirements—
(i) shall relate to matters including health and safety topics consisting of—(I) the prevention and control of infectious diseases (including immunization) and the establishment of a grace period that allows homeless children and children in foster care to receive services under this subchapter while their families (including foster families) are taking any necessary action to comply with immunization and other health and safety requirements;(II) prevention of sudden infant death syndrome and use of safe sleeping practices;(III) the administration of medication, consistent with standards for parental consent;(IV) the prevention of and response to emergencies due to food and allergic reactions;(V) building and physical premises safety, including identification of and protection from hazards that can cause bodily injury such as electrical hazards, bodies of water, and vehicular traffic;(VI) prevention of shaken baby syndrome and abusive head trauma;(VII) emergency preparedness and response planning for emergencies resulting from a natural disaster, or a man-caused event (such as violence at a child care facility), within the meaning of those terms under section 5195a(a)(1) of this title;(VIII) the handling and storage of hazardous materials and the appropriate disposal of biocontaminants;(IX) for providers that offer transportation, if applicable, appropriate precautions in transporting children;(X) first aid and cardiopulmonary resuscitation; and(XI) minimum health and safety training, to be completed pre-service or during an orientation period in addition to ongoing training, appropriate to the provider setting involved that addresses each of the requirements relating to matters described in subclauses (I) through (X); and
(ii) may include requirements relating to nutrition, access to physical activity, or any other subject area determined by the State to be necessary to promote child development or to protect children’s health and safety.
(J) Compliance with state and local health and safety requirements
(K) Enforcement of licensing and other regulatory requirements
(i) CertificationThe plan shall include a certification that the State, not later than 2 years after November 19, 2014, shall have in effect policies and practices, applicable to licensing or regulating child care providers that provide services for which assistance is made available in accordance with this subchapter and the facilities of those providers, that—(I) ensure that individuals who are hired as licensing inspectors in the State are qualified to inspect those child care providers and facilities and have received training in related health and safety requirements, and are trained in all aspects of the State’s licensure requirements;(II) require licensing inspectors (or qualified inspectors designated by the lead agency) of those child care providers and facilities to perform inspections, with—(aa) not less than 1 prelicensure inspection, for compliance with health, safety, and fire standards, of each such child care provider and facility in the State; and(bb) not less than annually, an inspection (which shall be unannounced) of each such child care provider and facility in the State for compliance with all child care licensing standards, which shall include an inspection for compliance with health, safety, and fire standards (inspectors may inspect for compliance with all 3 standards at the same time);(III) require the ratio of licensing inspectors to such child care providers and facilities in the State to be maintained at a level sufficient to enable the State to conduct inspections of such child care providers and facilities on a timely basis in accordance with Federal, State, and local law; and(IV) require licensing inspectors (or qualified inspectors designated by the lead agency) of child care providers and facilities to perform an annual inspection of each license-exempt provider in the State receiving funds under this subchapter (unless the provider is an eligible child care provider as described in section 9858n(6)(B) of this title) for compliance with health, safety, and fire standards, at a time to be determined by the State.
(ii) Construction
(L) Compliance with child abuse reporting requirements
(M) Meeting the needs of certain populationsThe plan shall describe how the State will develop and implement strategies (which may include alternative reimbursement rates to child care providers, the provision of direct contracts or grants to community-based organizations, offering child care certificates to parents, or other means determined by the State) to increase the supply and improve the quality of child care services for—
(i) children in underserved areas;
(ii) infants and toddlers;
(iii) children with disabilities, as defined by the State; and
(iv) children who receive care during nontraditional hours.
(N) Protection for working parents
(i) Minimum period(I) 12-month period(II) Fluctuations in earnings
(ii) Redetermination process
(iii) Period before termination
(iv) Graduated phaseout of care
(O) Coordination with other programs
(i) In general
(ii) Optional use of combined funds
(iii) Rule of construction
(P) Public-private partnerships
(Q) Priority for low-income populations
(R) Consultation
(S) Payment practicesThe plan shall include—
(i) a certification that the payment practices of child care providers in the State that serve children who receive assistance under this subchapter reflect generally accepted payment practices of child care providers in the State that serve children who do not receive assistance under this subchapter, so as to provide stability of funding and encourage more child care providers to serve children who receive assistance under this subchapter; and
(ii) an assurance that the State will, to the extent practicable, implement enrollment and eligibility policies that support the fixed costs of providing child care services by delinking provider reimbursement rates from an eligible child’s occasional absences due to holidays or unforseen 4
4 So in original. Probably should be “unforeseen”.
circumstances such as illness.(T) Early learning and developmental guidelines
(i) In generalThe plan shall include an assurance that the State will maintain or implement early learning and developmental guidelines (or develop such guidelines if the State does not have such guidelines as of November 19, 2014) that are appropriate for children from birth to kindergarten entry, describing what such children should know and be able to do, and covering the essential domains of early childhood development for use statewide by child care providers. Such guidelines shall—(I) be research-based, developmentally appropriate, and aligned with entry to kindergarten;(II) be implemented in consultation with the state 5
5 So in original. Probably should be capitalized.
educational agency and the State Advisory Council on Early Childhood Education and Care (designated or established pursuant to section 642B(b)(I)(A)(i) 66 So in original. Probably should be “642B(b)(1)(A)(i)”.
of the Head Start Act (42 U.S.C. 9837b(b)(1)(A)(i)); 77 So in original. Another closing parenthesis probably should precede the semicolon.
and(III) be updated as determined by the State.(ii) Prohibition on use of fundsThe plan shall include an assurance that funds received by the State to carry out this subchapter will not be used to develop or implement an assessment for children that—(I) will be the sole basis for a child care provider being determined to be ineligible to participate in the program carried out under this subchapter;(II) will be used as the primary or sole basis to provide a reward or sanction for an individual provider;(III) will be used as the primary or sole method for assessing program effectiveness; or(IV) will be used to deny children eligibility to participate in the program carried out under this subchapter.
(iii) ExceptionsNothing in this subchapter shall preclude the State from using a single assessment as determined by the State for children for—(I) supporting learning or improving a classroom environment;(II) targeting professional development to a provider;(III) determining the need for health, mental health, disability, developmental delay, or family support services;(IV) obtaining information for the quality improvement process at the State level; or(V) conducting a program evaluation for the purposes of providing program improvement and parent information.
(iv) No Federal controlNothing in this section shall be construed to authorize an officer or employee of the Federal Government to—(I) mandate, direct, control, or place conditions (outside of what is required by this subchapter) around adopting a State’s early learning and developmental guidelines developed in accordance with this section;(II) establish any criterion that specifies, defines, prescribes, or places conditions (outside of what is required by this subchapter) on a State adopting standards or measures that a State uses to establish, implement, or improve such guidelines, related accountability systems, or alignment of such guidelines with education standards; or(III) require a State to submit such guidelines for review.
(U) Disaster preparedness
(i) In general
(ii) Statewide child care disaster plan
(iii) Disaster plan componentsThe components of the disaster plan, for such an emergency or disaster, shall include—(I) evacuation, relocation, shelter-in-place, and lock-down procedures, and procedures for communication and reunification with families, continuity of operations, and accommodation of infants and toddlers, children with disabilities, and children with chronic medical conditions;(II) guidelines for the continuation of child care services in the period following the emergency or disaster, which may include the provision of emergency and temporary child care services, and temporary operating standards for child care providers during that period; and(III) procedures for staff and volunteer emergency preparedness training and practice drills.
(V) Business technical assistance
(3) Use of block grant funds
(A) General requirement
(B) Child care services and related activities
(i) In general
(ii) Report by the Assistant Secretary for Children and Families(I) In general(II) Penalty for noncomplianceFor any fiscal year that the report of the Secretary described in subclause (I) indicates that a State has failed to give priority for services in accordance with clause (i), the Secretary shall—(aa) inform the State that the State has until the date that is 6 months after the Secretary has issued such report to fully comply with clause (i);(bb) provide the State an opportunity to modify the State plan of such State, to make the plan consistent with the requirements of clause (i), and resubmit such State plan to the Secretary not later than the date described in item (aa); and(cc) if the State does not fully comply with clause (i) and item (bb), by the date described in item (aa), withhold 5 percent of the funds that would otherwise be allocated to that State in accordance with this subchapter for the first full fiscal year after that date.(III) Waiver for extraordinary circumstances
(iii) Child care resource and referral system(I) In general(II) Local or regional organizationsThe local or regional child care resource and referral organizations supported as described in subclause (I) shall—(aa) provide parents in the State with consumer education information referred to in paragraph (2)(E) (except as otherwise provided in that paragraph), concerning the full range of child care options (including faith-based and community-based child care providers), analyzed by provider, including child care provided during nontraditional hours and through emergency child care centers, in their political subdivisions or regions;(bb) to the extent practicable, work directly with families who receive assistance under this subchapter to offer the families support and assistance, using information described in item (aa), to make an informed decision about which child care providers they will use, in an effort to ensure that the families are enrolling their children in the most appropriate child care setting to suit their needs and one that is of high quality (as determined by the State);(cc) collect data and provide information on the coordination of services and supports, including services under section 619 and part C of the Individuals with Disabilities Education Act [20 U.S.C. 1419, 1431 et seq.], for children with disabilities (as defined in section 602 of such Act (20 U.S.C. 1401));(dd) collect data and provide information on the supply of and demand for child care services in political subdivisions or regions within the State and submit such information to the State;(ee) work to establish partnerships with public agencies and private entities, including faith-based and community-based child care providers, to increase the supply and quality of child care services in the State; and(ff) as appropriate, coordinate their activities with the activities of the State lead agency and local agencies that administer funds made available in accordance with this subchapter.
(C) Limitation on administrative costs
(D) Assistance for certain families
(E) Direct servicesFrom amounts provided to a State for a fiscal year to carry out this subchapter, the State shall—
(i) reserve the minimum amount required to be reserved under section 9858e of this title, and the funds for costs described in subparagraph (C); and
(ii) from the remainder, use not less than 70 percent to fund direct services (provided by the State) in accordance with paragraph (2)(A).
(4) Payment rates
(A) In general
(B) SurveyThe State plan shall—
(i) demonstrate that the State has, after consulting with the State Advisory Council on Early Childhood Education and Care designated or established in section 642B(b)(1)(A)(i) of the Head Start Act (42 U.S.C. 9837b(b)(1)(A)(i)), local child care program administrators, local child care resource and referral agencies, and other appropriate entities, developed and conducted (not earlier than 2 years before the date of the submission of the application containing the State plan) a statistically valid and reliable survey of the market rates for child care services in the State (that reflects variations in the cost of child care services by geographic area, type of provider, and age of child) or an alternative methodology, such as a cost estimation model, that has been developed by the State lead agency;
(ii) demonstrate that the State prepared a detailed report containing the results of the State market rates survey or alternative methodology conducted pursuant to clause (i), and made the results of the survey or alternative methodology widely available (not later than 30 days after the completion of such survey or alternative methodology) through periodic means, including posting the results on the Internet;
(iii) describe how the State will set payment rates for child care services, for which assistance is provided in accordance with this subchapter—(I) in accordance with the results of the market rates survey or alternative methodology conducted pursuant to clause (i);(II) taking into consideration the cost of providing higher quality child care services than were provided under this subchapter before November 19, 2014; and(III) without, to the extent practicable, reducing the number of families in the State receiving such assistance to carry out this subchapter, relative to the number of such families on November 19, 2014; and
(iv) describe how the State will provide for timely payment for child care services provided under this subchapter.
(C) Construction
(i) No private right of action
(ii) No prohibition of certain different ratesNothing in this subchapter shall be construed to prevent a State from differentiating the payment rates described in subparagraph (B)(iii) on the basis of such factors as—(I) geographic location of child care providers (such as location in an urban or rural area);(II) the age or particular needs of children (such as the needs of children with disabilities and children served by child protective services);(III) whether the providers provide child care services during weekend and other nontraditional hours; or(IV) the State’s determination that such differentiated payment rates may enable a parent to choose high-quality child care that best fits the parent’s needs.
(5) Sliding fee scale
(d) Approval of application
(Pub. L. 97–35, title VI, § 658E, as added Pub. L. 101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–237; amended Pub. L. 102–401, § 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102–586, § 8(c)(1), Nov. 4, 1992, 106 Stat. 5036; Pub. L. 104–193, title VI, § 605, Aug. 22, 1996, 110 Stat. 2281; Pub. L. 105–33, title V, § 5602(1), Aug. 5, 1997, 111 Stat. 645; Pub. L. 113–186, § 5(a), (b), Nov. 19, 2014, 128 Stat. 1972; Pub. L. 114–95, title IX, § 9215(p)(1), Dec. 10, 2015, 129 Stat. 2170.)
§ 9858d. Limitations on State allotments
(a) No entitlement to contract or grant
Nothing in this subchapter shall be construed—
(1) to entitle any child care provider or recipient of a child care certificate to any contract, grant or benefit; or
(2) to limit the right of any State to impose additional limitations or conditions on contracts or grants funded under this subchapter.
(b) Construction of facilities
(1) In general
(2) Sectarian agency or organization
(Pub. L. 97–35, title VI, § 658F, as added Pub. L. 101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–240; amended Pub. L. 102–401, § 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102–586, § 8(c)(1), Nov. 4, 1992, 106 Stat. 5036; Pub. L. 104–193, title VI, § 606, Aug. 22, 1996, 110 Stat. 2283; Pub. L. 113–186, § 5(c), Nov. 19, 2014, 128 Stat. 1987.)
§ 9858e. Activities to improve the quality of child care
(a) Reservation
(1) Reservation for activities relating to the quality of child care services
(2) Amount of reservationsSuch State shall reserve and use—
(A) to carry out the activities described in paragraph (1), not less than—
(i) 7 percent of the funds described in paragraph (1), for the first and second full fiscal years after November 19, 2014;
(ii) 8 percent of such funds for the third and fourth full fiscal years after November 19, 2014; and
(iii) 9 percent of such funds for the fifth and each succeeding full fiscal year after November 19, 2014; and
(B) in addition to the funds reserved under subparagraph (A), 3 percent of the funds described in paragraph (1) received not later than the second full fiscal year after November 19, 2014, and received for each succeeding full fiscal year, to carry out the activities described in paragraph (1) and subsection (b)(4), as such activities relate to the quality of care for infants and toddlers.
(3) State reservation amount
(b) ActivitiesFunds reserved under subsection (a) shall be used to carry out no fewer than one of the following activities that will improve the quality of child care services provided in the State:
(1) Supporting the training and professional development of the child care workforce through activities such as those included under section 9858c(c)(2)(G) of this title, in addition to—
(A) offering training and professional development opportunities for child care providers that relate to the use of scientifically-based, developmentally-appropriate and age-appropriate strategies to promote the social, emotional, physical, and cognitive development of children, including those related to nutrition and physical activity, and offering specialized training for child care providers caring for those populations prioritized in section 9858c(c)(2)(Q) of this title, and children with disabilities;
(B) incorporating the effective use of data to guide program improvement;
(C) including effective behavior management strategies and training, including positive behavior interventions and support models, that promote positive social and emotional development and reduce challenging behaviors, including reducing expulsions of preschool-aged children for such behaviors;
(E)1
1 So in original. No subpar. (D) has been enacted.
providing training and outreach on engaging parents and families in culturally and linguistically appropriate ways to expand their knowledge, skills, and capacity to become meaningful partners in supporting their children’s positive development;(F) providing training corresponding to the nutritional and physical activity needs of children to promote healthy development;
(G) providing training or professional development for child care providers regarding the early neurological development of children; and
(H) connecting child care staff members of child care providers with available Federal and State financial aid, or other resources, that would assist child care staff members in pursuing relevant postsecondary training.
(2) Improving upon the development or implementation of the early learning and developmental guidelines described in section 9858c(c)(2)(T) of this title by providing technical assistance to eligible child care providers that enhances the cognitive, physical, social and emotional development, including early childhood development, of participating preschool and school-aged children and supports their overall well-being.
(3) Developing, implementing, or enhancing a tiered quality rating system for child care providers and services, which may—
(A) support and assess the quality of child care providers in the State;
(B) build on State licensing standards and other State regulatory standards for such providers;
(C) be designed to improve the quality of different types of child care providers and services;
(D) describe the safety of child care facilities;
(E) build the capacity of State early childhood programs and communities to promote parents’ and families’ understanding of the State’s early childhood system and the ratings of the programs in which the child is enrolled;
(F) provide, to the maximum extent practicable, financial incentives and other supports designed to expand the full diversity of child care options and help child care providers improve the quality of services; and
(G) accommodate a variety of distinctive approaches to early childhood education and care, including but not limited to, those practiced in faith-based settings, community-based settings, child-centered settings, or similar settings that offer a distinctive approach to early childhood development.
(4) Improving the supply and quality of child care programs and services for infants and toddlers through activities, which may include—
(A) establishing or expanding high-quality community or neighborhood-based family and child development centers, which may serve as resources to child care providers in order to improve the quality of early childhood services provided to infants and toddlers from low-income families and to help eligible child care providers improve their capacity to offer high-quality, age-appropriate care to infants and toddlers from low-income families;
(B) establishing or expanding the operation of community or neighborhood-based family child care networks;
(C) promoting and expanding child care providers’ ability to provide developmentally appropriate services for infants and toddlers through training and professional development; coaching and technical assistance on this age group’s unique needs from statewide networks of qualified infant-toddler specialists; and improved coordination with early intervention specialists who provide services for infants and toddlers with disabilities under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.);
(D) if applicable, developing infant and toddler components within the State’s quality rating system described in paragraph (3) for child care providers for infants and toddlers, or the development of infant and toddler components in a State’s child care licensing regulations or early learning and development guidelines;
(E) improving the ability of parents to access transparent and easy to understand consumer information about high-quality infant and toddler care; and
(F) carrying out other activities determined by the State to improve the quality of infant and toddler care provided in the State, and for which there is evidence that the activities will lead to improved infant and toddler health and safety, infant and toddler cognitive and physical development, or infant and toddler well-being, including providing health and safety training (including training in safe sleep practices, first aid, and cardiopulmonary resuscitation) for providers and caregivers.
(5) Establishing or expanding a statewide system of child care resource and referral services.
(6) Facilitating compliance with State requirements for inspection, monitoring, training, and health and safety, and with State licensing standards.
(7) Evaluating and assessing the quality and effectiveness of child care programs and services offered in the State, including evaluating how such programs positively impact children.
(8) Supporting child care providers in the voluntary pursuit of accreditation by a national accrediting body with demonstrated, valid, and reliable program standards of high quality.
(9) Supporting State or local efforts to develop or adopt high-quality program standards relating to health, mental health, nutrition, physical activity, and physical development.
(10) Carrying out other activities determined by the State to improve the quality of child care services provided in the State, and for which measurement of outcomes relating to improved provider preparedness, child safety, child well-being, or entry to kindergarten is possible.
(c) Certification
(d) Reporting requirementsEach State receiving funds under this subchapter shall prepare and submit an annual report to the Secretary, which shall include information about—
(1) the amount of funds that are reserved under subsection (a);
(2) the activities carried out under this section; and
(3) the measures that the State will use to evaluate the State’s progress in improving the quality of child care programs and services in the State.
(e) Technical assistance
(f) Construction
(Pub. L. 97–35, title VI, § 658G, as added Pub. L. 101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–241; amended Pub. L. 102–401, § 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102–586, § 8(c)(1), Nov. 4, 1992, 106 Stat. 5036; Pub. L. 104–193, title VI, § 607, Aug. 22, 1996, 110 Stat. 2283; Pub. L. 113–186, § 6, Nov. 19, 2014, 128 Stat. 1987.)
§ 9858f. Criminal background checks
(a) In generalA State that receives funds to carry out this subchapter shall have in effect—
(1) requirements, policies, and procedures to require and conduct criminal background checks for child care staff members (including prospective child care staff members) of child care providers described in subsection (c)(1); and
(2) licensing, regulation, and registration requirements, as applicable, that prohibit the employment of child care staff members as described in subsection (c).
(b) RequirementsA criminal background check for a child care staff member under subsection (a) shall include—
(1) a search of the State criminal and sex offender registry or repository in the State where the child care staff member resides, and each State where such staff member resided during the preceding 5 years;
(2) a search of State-based child abuse and neglect registries and databases in the State where the child care staff member resides, and each State where such staff member resided during the preceding 5 years;
(3) a search of the National Crime Information Center;
(4) a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System; and
(5) a search of the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.).1
1 See References in Text note below.
(c) Prohibitions
(1) Child care staff membersA child care staff member shall be ineligible for employment by a child care provider that is receiving assistance under this subchapter if such individual—
(A) refuses to consent to the criminal background check described in subsection (b);
(B) knowingly makes a materially false statement in connection with such criminal background check;
(C) is registered, or is required to be registered, on a State sex offender registry or repository or the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.); 1 or
(D) has been convicted of a felony consisting of—
(i) murder, as described in section 1111 of title 18;
(ii) child abuse or neglect;
(iii) a crime against children, including child pornography;
(iv) spousal abuse;
(v) a crime involving rape or sexual assault;
(vi) kidnapping;
(vii) arson;
(viii) physical assault or battery; or
(ix) subject to subsection (e)(4), a drug-related offense committed during the preceding 5 years; or
(E) has been convicted of a violent misdemeanor committed as an adult against a child, including the following crimes: child abuse, child endangerment, sexual assault, or of a misdemeanor involving child pornography.
(2) Child care providers
(d) Submission of requests for background checks
(1) In general
(2) Staff membersSubject to paragraph (4), in the case of an individual who became a child care staff member before November 19, 2014, the provider shall submit such a request—
(A) prior to the last day described in subsection (j)(1); and
(B) not less often than once during each 5-year period following the first submission date under this paragraph for that staff member.
(3) Prospective staff membersSubject to paragraph (4), in the case of an individual who is a prospective child care staff member on or after November 19, 2014, the provider shall submit such a request—
(A) prior to the date the individual becomes a child care staff member of the provider; and
(B) not less than once during each 5-year period following the first submission date under this paragraph for that staff member.
(4) Background check for another child care providerA child care provider shall not be required to submit a request under paragraph (2) or (3) for a child care staff member if—
(A) the staff member received a background check described in subsection (b)—
(i) within 5 years before the latest date on which such a submission may be made; and
(ii) while employed by or seeking employment by another child care provider within the State;
(B) the State provided to the first provider a qualifying background check result, consistent with this subchapter, for the staff member; and
(C) the staff member is employed by a child care provider within the State, or has been separated from employment from a child care provider within the State for a period of not more than 180 consecutive days.
(e) Background check results and appeals
(1) Background check results
(2) Privacy
(A) In general
(B) Ineligible staff member
(C) Public release of results
(3) Appeals
(A) In general
(B) Appeals processThe State shall ensure that—
(i) each child care staff member shall be given notice of the opportunity to appeal;
(ii) a child care staff member will receive instructions about how to complete the appeals process if the child care staff member wishes to challenge the accuracy or completeness of the information contained in such member’s criminal background report; and
(iii) the appeals process is completed in a timely manner for each child care staff member.
(4) Review
(5) No private right of action
(f) Fees for background checks
(g) Transparency
(h) Construction
(1) Disqualification for other crimes
(2) Rights and remedies
(i) DefinitionsIn this section—
(1) the term “child care provider” means a center-based child care provider, a family child care provider, or another provider of child care services for compensation and on a regular basis that—
(A) is not an individual who is related to all children for whom child care services are provided; and
(B) is licensed, regulated, or registered under State law or receives assistance provided under this subchapter; and
(2)
(A) who is employed by a child care provider for compensation; or
(B) whose activities involve the care or supervision of children for a child care provider or unsupervised access to children who are cared for or supervised by a child care provider.
(j) Effective date
(1) In general
(2) Extension
(3) Penalty for noncompliance
(Pub. L. 97–35, title VI, § 658H, as added Pub. L. 113–186, § 7, Nov. 19, 2014, 128 Stat. 1990.)
§ 9858g. Administration and enforcement
(a) Administration
The Secretary shall—
(1) coordinate all activities of the Department of Health and Human Services relating to child care, and, to the maximum extent practicable, coordinate such activities with similar activities of other Federal entities;
(2) collect, publish, and make available to the public a listing of State child care standards at least once every 3 years;
(3) provide technical assistance, such as business technical assistance, as described in section 9858c(c)(2)(V) of this title, to States (which may include providing assistance on a reimbursable basis) which shall be provided by qualified experts on practices grounded in scientifically valid research, where appropriate, to carry out this subchapter;
(4) disseminate, for voluntary informational purposes, information on practices that scientifically valid research indicates are most successful in improving the quality of programs that receive assistance with this subchapter; and
(5) after consultation with the heads of any other Federal agencies involved, issue guidance and disseminate information on best practices regarding the use of funding combined by States as described in section 9858c(c)(2)(O)(ii) of this title, consistent with laws other than this subchapter.
(b) Enforcement
(1) Review of compliance with State plan
(2) Noncompliance
(A) In general
If the Secretary, after reasonable notice to a State and opportunity for a hearing, finds that—
(i) there has been a failure by the State to comply substantially with any provision or requirement set forth in the plan approved under section 9858c(c) of this title for the State; or
(ii) in the operation of any program for which assistance is provided under this subchapter there is a failure by the State to comply substantially with any provision of this subchapter;
the Secretary shall notify the State of the finding and shall require that the State reimburse the Secretary for any funds that were improperly expended for purposes prohibited or not authorized by this subchapter, that the Secretary deduct from the administrative portion of the State allotment for the following fiscal year an amount that is less than or equal to any improperly expended funds, or a combination of such options.
(B) Additional sanctions
(C) Notice
(3) Issuance of rules
The Secretary shall establish by rule procedures for—
(A) receiving, processing, and determining the validity of complaints concerning any failure of a State to comply with the State plan or any requirement of this subchapter; and
(B) imposing sanctions under this section.
(c) Request for relief
(1) In general
The Secretary may waive for a period of not more than three years any provision under this subchapter or sanctions imposed upon a State in accordance with subsection (b)(2) upon the State’s request for such a waiver if the Secretary finds that—
(A) the request describes one or more conflicting or duplicative requirements preventing the effective delivery of child care services to justify a waiver, extraordinary circumstances, such as natural disaster or financial crisis, or an extended period of time for a State legislature to enact legislation to implement the provisions of this subchapter;
(B) such circumstances included in the request prevent the State from complying with any statutory or regulatory requirements of this subchapter;
(C) the waiver will, by itself, contribute to or enhance the State’s ability to carry out the purposes of this subchapter; and,1
1 So in original. The comma probably should not appear.
(D) the waiver will not contribute to inconsistency with the objectives of this law.
(2) Contents
Such request shall be provided to the Secretary in writing and will—
(A) detail each sanction or provision within this subchapter that the State seeks relief from;
(B) describe how a waiver from that sanction or provision of this subchapter will, by itself, improve delivery of child care services for children in the State; and
(C) certify that the health, safety, and well-being of children served through assistance received under this subchapter will not be compromised as a result of the waiver.
(3) Approval
(4) External conditions
(5) Duration
(6) Termination
(7) Renewal
(8) Restrictions
(Pub. L. 97–35, title VI, § 658I, as added Pub. L. 101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–242; amended Pub. L. 102–401, § 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102–586, § 8(c)(1), Nov. 4, 1992, 106 Stat. 5036; Pub. L. 104–193, title VI, § 609, Aug. 22, 1996, 110 Stat. 2284; Pub. L. 113–186, § 8(a), (b), Nov. 19, 2014, 128 Stat. 1994, 1995.)
§ 9858h. Payments
(a) In general
(b) Method of payment
(1) In general
(2) Limitation
(c) Spending of funds by State
(Pub. L. 97–35, title VI, § 658J, as added Pub. L. 101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–243; amended Pub. L. 102–27, title III, § 310, Apr. 10, 1991, 105 Stat. 153; Pub. L. 102–401, § 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102–586, § 8(a), (c)(1), Nov. 4, 1992, 106 Stat. 5035, 5036; Pub. L. 103–171, § 8, Dec. 2, 1993, 107 Stat. 1994; Pub. L. 104–193, title VI, § 610, Aug. 22, 1996, 110 Stat. 2284.)
§ 9858i. Reports and audits
(a) Reports
(1) Collection of information by States
(A) In general
(B) Required informationThe information required under this subparagraph shall include, with respect to a family unit receiving assistance under this subchapter 1
1 So in original. Probably should be followed by a comma.
information concerning—(i) family income;
(ii) county of residence;
(iii) the gender, race, and age of children receiving such assistance;
(iv) whether the head of the family unit is a single parent;
(v) the sources of family income, including—(I) employment, including self-employment;(II) cash or other assistance under—(aa) the temporary assistance for needy families program under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.); and(bb) a State program for which State spending is counted toward the maintenance of effort requirement under section 409(a)(7) of the Social Security Act (42 U.S.C. 609(a)(7));(III) housing assistance;(IV) assistance under the Food and Nutrition Act of 2008 [7 U.S.C. 2011 et seq.]; and(V) other assistance programs;
(vi) the number of months the family has received benefits;
(vii) the type of child care in which the child was enrolled (such as family child care, home care, or center-based child care);
(viii) whether the child care provider involved was a relative;
(ix) the cost of child care for such families;
(x) the average hours per month of such care; and
(xi) whether the children receiving assistance under this subchapter are homeless children;
during the period for which such information is required to be submitted.
(C) Submission to Secretary
(D) Use of samples
(i) Authority
(ii) Sampling and other methods
(E) Prohibition
(2) Annual reportsNot later than 1 year after November 19, 2014, and annually thereafter,,2
2 So in original.
a State described in paragraph (1)(A) shall prepare and submit to the Secretary a report that includes aggregate data concerning—(A) the number of child care providers that received funding under this subchapter as separately identified based on the types of providers listed in section 9858n(6) of this title;
(B) the monthly cost of child care services, and the portion of such cost that is paid for with assistance provided under this subchapter, listed by the type of child care services provided;
(C) the number of payments made by the State through vouchers, contracts, cash, and disregards under public benefit programs, listed by the type of child care services provided;
(D) the manner in which consumer education information was provided to parents and the number of parents to whom such information was provided; and
(E) the total number (without duplication) of children and families served under this subchapter; and
(F) the number of child fatalities occurring among children while in the care and facility of child care providers receiving assistance under this subchapter, listed by type of child care provider and indicating whether the providers (excluding child care providers described in section 9858n(6)(B) of this title) are licensed or license-exempt.3
3 So in original. The period probably should be a semicolon.
during the period for which such report is required to be submitted.
(b) Audits
(1) Requirement
(2) Independent auditor
(3) Submission
(4) Repayment of amounts
(Pub. L. 97–35, title VI, § 658K, as added Pub. L. 101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–243; amended Pub. L. 102–401, § 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102–586, § 8(c)(1), Nov. 4, 1992, 106 Stat. 5036; Pub. L. 104–193, title VI, § 611, Aug. 22, 1996, 110 Stat. 2284; Pub. L. 105–33, title V, § 5602(2), Aug. 5, 1997, 111 Stat. 646; Pub. L. 110–234, title IV, § 4002(b)(1)(B), (2)(FF), May 22, 2008, 122 Stat. 1096, 1098; Pub. L. 110–246, § 4(a), title IV, § 4002(b)(1)(B), (2)(FF), June 18, 2008, 122 Stat. 1664, 1857, 1859; Pub. L. 113–186, § 8(c), (e), Nov. 19, 2014, 128 Stat. 1996, 1998.)
§ 9858j. Reports, hotline, and Web site
(a) Report by Secretary
(b) National toll-free hotline and Web site
(1) In general
The Secretary shall operate, directly or through the use of grants or contracts, a national toll-free hotline and Web site, to—
(A) develop and disseminate publicly available child care consumer education information for parents and help parents access safe and quality child care services in their community, with a range of price options, that best suits 1
1 So in original. Probably should be “suit”.
their family’s needs; and(B) to allow persons to report (anonymously if desired) suspected child abuse or neglect, or violations of health and safety requirements, by an eligible child care provider that receives assistance under this subchapter or a member of the provider’s staff.
(2) Requirements
The Secretary shall ensure that the hotline and Web site meet the following requirements:
(A) Referral to local child care providers
(B) Information
The Web site shall provide to consumers, directly or through linkages to State databases, at a minimum—
(i) a localized list of all eligible child care providers, differentiating between licensed and license-exempt providers;
(ii) any provider-specific information from a Quality Rating and Improvement System or information about other quality indicators, to the extent the information is publicly available and to the extent practicable;
(iii) any other provider-specific information about compliance with licensing, and health and safety requirements to the extent the information is publicly available and to the extent practicable;
(iv) referrals to local resource and referral organizations from which consumers can find more information about child care providers; and
(v) State information about child care subsidy programs and other financial supports available to families.
(C) Nationwide capacity
(D) Information at all hours
(E) Services in different languages
(F) High-quality consumer education and referral
(3) Prohibition
(Pub. L. 97–35, title VI, § 658L, as added Pub. L. 101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–244; amended Pub. L. 102–401, § 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102–586, § 8(c)(1), Nov. 4, 1992, 106 Stat. 5036; Pub. L. 104–193, title VI, § 612, Aug. 22, 1996, 110 Stat. 2285; Pub. L. 105–33, title V, § 5602(3), Aug. 5, 1997, 111 Stat. 646; Pub. L. 113–186, § 8(d), Nov. 19, 2014, 128 Stat. 1997.)
§ 9858k. Limitations on use of financial assistance for certain purposes
(a) Sectarian purposes and activities
(b) Tuition
With regard to services provided to students enrolled in grades 1 through 12, no financial assistance provided under this subchapter shall be expended for—
(1) any services provided to such students during the regular school day;
(2) any services for which such students receive academic credit toward graduation; or
(3) any instructional services which supplant or duplicate the academic program of any public or private school.
(Pub. L. 97–35, title VI, § 658M, as added Pub. L. 101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–244; amended Pub. L. 102–401, § 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102–586, § 8(c)(1), Nov. 4, 1992, 106 Stat. 5036.)
§ 9858l. Nondiscrimination
(a) Religious nondiscrimination
(1) Construction
(A) In general
(B) Exception
(2) Discrimination against child
(A) In general
(B) Non-funded child care slots
(3) Employment in general
(A) Prohibition
(B) Qualified applicants
(C) Present employees
(4) Employment and admission practices
(b) Effect on State law
(Pub. L. 97–35, title VI, § 658N, as added Pub. L. 101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–245; amended Pub. L. 102–401, § 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102–586, § 8(c)(1), Nov. 4, 1992, 106 Stat. 5036.)
§ 9858m. Amounts reserved; allotments
(a) Amounts reserved
(1) Territories and possessions
(2) Indians 1
1 So in original. Probably should be “Indian”.
tribes(A) In general
(B) LimitationsNotwithstanding subparagraph (A), the Secretary shall only reserve an amount that is greater than 2 percent of the amount appropriated under section 9858 of this title, for payments described in subparagraph (A), for a fiscal year (referred to in this subparagraph as the “reservation year”) if—
(i) the amount appropriated under section 9858 of this title for the reservation year is greater than the amount appropriated under section 9858 of this title for fiscal year 2014; and
(ii) the Secretary ensures that the amount allotted to States under subsection (b) for the reservation year is not less than the amount allotted to States under subsection (b) for fiscal year 2014.
(3) National toll-free hotline and Web site
(4) Technical assistance
(5) Research, demonstration, and evaluation
(b) State allotment
(1) General ruleFrom the amounts appropriated under section 9858 of this title for each fiscal year remaining after reservations under subsection (a), the Secretary shall allot to each State an amount equal to the sum of—
(A) an amount that bears the same ratio to 50 percent of such remainder as the product of the young child factor of the State and the allotment percentage of the State bears to the sum of the corresponding products for all States; and
(B) an amount that bears the same ratio to 50 percent of such remainder as the product of the school lunch factor of the State and the allotment percentage of the State bears to the sum of the corresponding products for all States.
(2) Young child factor
(3) School lunch factor
(4) Allotment percentage
(A) In general
(B) LimitationsIf an allotment percentage determined under subparagraph (A)—
(i) exceeds 1.2 percent, then the allotment percentage of that State shall be considered to be 1.2 percent; and
(ii) is less than 0.8 percent, then the allotment percentage of the State shall be considered to be 0.8 percent.
(C) Per capita incomeFor purposes of subparagraph (A), per capita income shall be—
(i) determined at 2-year intervals;
(ii) applied for the 2-year period beginning on October 1 of the first fiscal year beginning on the date such determination is made; and
(iii) equal to the average of the annual per capita incomes for the most recent period of 3 consecutive years for which satisfactory data are available from the Department of Commerce at the time such determination is made.
(c) Payments for benefit of Indian children
(1) General authority
(2) Applications and requirementsAn application for a grant or contract under this section shall provide that:
(A) Coordination
(B) Services on reservations
(C) Reports and audits
(D) Licensing and standards
(3) Consideration of secretarial approvalIn determining whether to approve an application for a grant or contract under this section, the Secretary shall take into consideration—
(A) the availability of child care services provided in accordance with this subchapter by the State or States in which the applicant proposes to carry out a program to provide child care services; and
(B) whether the applicant has the ability (including skills, personnel, resources, community support, and other necessary components) to satisfactorily carry out the proposed program or activity.
(4) Three-year limit
(5) Dual eligibility of Indian children
(6) Construction or renovation of facilities
(A) Request for use of funds
(B) Determination
(C) Limitation
(i) In general
(ii) WaiverThe Secretary shall waive the limitation described in clause (i) if—(I) the Secretary determines that the decrease in the level of child care services provided by the Indian tribe or tribal organization is temporary; and(II) the Indian tribe or tribal organization submits to the Secretary a plan that demonstrates that after the date on which the construction or renovation is completed—(aa) the level of child care services will increase; or(bb) the quality of child care services will improve.
(D) Uniform procedures
(d) Data and information
(e) Reallotments
(1) In general
(2) Limitations
(A) Reduction
(B) Reallotments
(3) Amounts reallotted
(4) Indian tribes or tribal organizations
(f) “State” defined
(Pub. L. 97–35, title VI, § 658O, as added Pub. L. 101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–246; amended Pub. L. 102–401, § 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102–586, § 8(c)(1), Nov. 4, 1992, 106 Stat. 5036; Pub. L. 104–193, title VI, § 613, Aug. 22, 1996, 110 Stat. 2286; Pub. L. 105–33, title V, § 5602(4), Aug. 5, 1997, 111 Stat. 646; Pub. L. 106–78, title VII, § 752(b)(17), Oct. 22, 1999, 113 Stat. 1170; Pub. L. 113–186, § 9, Nov. 19, 2014, 128 Stat. 1998.)
§ 9858n. DefinitionsAs used in this subchapter:
(1) Caregiver
(2) Child care certificate
(3) Child with a disabilityThe term “child with a disability” means—
(A) a child with a disability, as defined in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401);
(B) a child who is eligible for early intervention services under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.);
(C) a child who is less than 13 years of age and who is eligible for services under section 794 of title 29; and
(D) a child with a disability, as defined by the State involved.
(4) Eligible childThe term “eligible child” means an individual—
(A) who is less than 13 years of age;
(B) whose family income does not exceed 85 percent of the State median income for a family of the same size, and whose family assets do not exceed $1,000,000 (as certified by a member of such family); and
(C) who—
(i) resides with a parent or parents who are working or attending a job training or educational program; or
(ii) is receiving, or needs to receive, protective services and resides with a parent or parents not described in clause (i).
(5) English learner
(6) Eligible child care providerThe term “eligible child care provider” means—
(A) a center-based child care provider, a group home child care provider, a family child care provider, or other provider of child care services for compensation that—
(i) is licensed, regulated, or registered under State law as described in section 9858c(c)(2)(F) of this title; and
(ii) satisfies the State and local requirements, including those referred to in section 9858c(c)(2)(I) of this title;
applicable to the child care services it provides; or
(B) a child care provider that is 18 years of age or older who provides child care services only to eligible children who are, by affinity or consanguinity, or by court decree, the grandchild, great grandchild, sibling (if such provider lives in a separate residence), niece, or nephew of such provider, if such provider complies with any applicable requirements that govern child care provided by the relative involved.
(7) Family child care provider
(8) Indian tribe
(9) Lead agency
(10) Parent
(11) Scientifically valid research
(12) Secretary
(13) Sliding fee scale
(14) State
(15) Tribal organization
(A) In general
(B) Other organizations
(Pub. L. 97–35, title VI, § 658P, as added Pub. L. 101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–248; amended Pub. L. 102–401, § 3, Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102–586, § 8(c), Nov. 4, 1992, 106 Stat. 5036; Pub. L. 103–171, § 8, Dec. 2, 1993, 107 Stat. 1994; Pub. L. 104–193, title VI, § 614, Aug. 22, 1996, 110 Stat. 2287; Pub. L. 105–33, title V, § 5602(5), Aug. 5, 1997, 111 Stat. 646; Pub. L. 113–186, § 10, Nov. 19, 2014, 128 Stat. 2000; Pub. L. 114–95, title IX, § 9215(p)(2), Dec. 10, 2015, 129 Stat. 2170.)
§ 9858o. Parental rights and responsibilities
(a) In general
(b) Parental rights to use child care certificates
Nothing in this subchapter shall be construed in a manner—
(1) to favor or promote the use of grants and contracts for the receipt of child care services under this subchapter over the use of child care certificates; or
(2) to disfavor or discourage the use of such certificates for the purchase of child care services, including those services provided by private or nonprofit entities, such as faith-based providers.
(Pub. L. 97–35, title VI, § 658Q, as added Pub. L. 101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–249; amended Pub. L. 102–401, § 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102–586, § 8(c)(1), Nov. 4, 1992, 106 Stat. 5036; Pub. L. 113–186, § 11, Nov. 19, 2014, 128 Stat. 2001.)
§ 9858p. Severability
If any provision of this subchapter or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions of applications of this subchapter which can be given effect without regard to the invalid provision or application, and to this end the provisions of this subchapter shall be severable.
(Pub. L. 97–35, title VI, § 658R, as added Pub. L. 101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–249; amended Pub. L. 102–401, § 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102–586, § 8(c)(1), Nov. 4, 1992, 106 Stat. 5036.)
§ 9858q. Miscellaneous provisions
Notwithstanding any other law, the value of any child care provided or arranged (or any amount received as payment for such care or reimbursement for costs incurred for such care) under this subchapter shall not be treated as income for purposes of any other Federal or Federally-assisted program that bases eligibility, or the amount of benefits, on need.
(Pub. L. 97–35, title VI, § 658S, as added Pub. L. 102–586, § 8(b), Nov. 4, 1992, 106 Stat. 5035; amended Pub. L. 103–171, § 8, Dec. 2, 1993, 107 Stat. 1994.)
§ 9858r. Studies on waiting lists
(a) Study
The Comptroller General of the United States shall conduct studies to determine, for each State, the number of families that—
(1) are eligible to receive assistance under the Child Care and Development Block Grant Act of 1990 [42 U.S.C. 9857 et seq.];
(2) have applied for the assistance, identified by the type of assistance requested; and
(3) have been placed on a waiting list for the assistance.
(b) Report
The Comptroller General shall prepare a report containing the results of each study and shall submit the report to the Committee on Health, Education, Labor and Pensions of the Senate, and the Committee on Education and the Workforce of the House of Representatives—
(1) not later than 2 years after November 19, 2014; and
(2) every 2 years thereafter.
(c) Definition
(Pub. L. 113–186, § 12, Nov. 19, 2014, 128 Stat. 2001.)