45 C.F.R. Subpart E—Program Operations (Child Care Services)—Lead Agency and Provider Requirements
Title 45 - Public Welfare
(a) Lead Agencies shall: (1) Certify that they have in effect licensing requirements applicable to child care services provided within the area served by the Lead Agency; (2) Provide a detailed description of the requirements under paragraph (a)(1) of this section and of how they are effectively enforced. (b)(1) This section does not prohibit a Lead Agency from imposing more stringent standards and licensing or regulatory requirements on child care providers of services for which assistance is provided under the CCDF than the standards or requirements imposed on other child care providers. (2) Any such additional requirements shall be consistent with the safeguards for parental choice in §98.30(f). (a) Although the Act specifically states it does not require the establishment of any new or additional requirements if existing requirements comply with the requirements of the statute, each Lead Agency shall certify that there are in effect, within the State (or other area served by the Lead Agency), under State, local or tribal law, requirements designed to protect the health and safety of children that are applicable to child care providers of services for which assistance is provided under this part. Such requirements shall include: (1) The prevention and control of infectious diseases (including immunizations). With respect to immunizations, the following provisions apply: (i) As part of their health and safety provisions in this area, States and Territories shall assure that children receiving services under the CCDF are age-appropriately immunized. Those health and safety provisions shall incorporate (by reference or otherwise) the latest recommendation for childhood immunizations of the respective State or territorial public health agency. (ii) Notwithstanding paragraph (a)(1)(i) of this section, Lead Agencies may exempt: (A) Children who are cared for by relatives (defined as grandparents, great grandparents, siblings (if living in a separate residence), aunts, and uncles); (B) Children who receive care in their own homes; (C) Children whose parents object to immunization on religious grounds; and (D) Children whose medical condition contraindicates immunization; (iii) Lead Agencies shall establish a grace period in which children can receive services while families are taking the necessary actions to comply with the immunization requirements; (2) Building and physical premises safety; and (3) Minimum health and safety training appropriate to the provider setting. (b) Lead Agencies may not set health and safety standards and requirements under paragraph (a) of this section that are inconsistent with the parental choice safeguards in §98.30(f). (c) The requirements in paragraph (a) of this section shall apply to all providers of child care services for which assistance is provided under this part, within the area served by the Lead Agency, except the relatives specified in paragraph (e) of this section. (d) Each Lead Agency shall certify that procedures are in effect to ensure that child care providers of services for which assistance is provided under this part, within the area served by the Lead Agency, comply with all applicable State, local, or tribal health and safety requirements described in paragraph (a) of this section. (e) For the purposes of this section, the term “child care providers” does not include grandparents, great grandparents, siblings (if such providers live in a separate residence), aunts, or uncles, pursuant to §98.2. (a) Lead Agencies shall establish, and periodically revise, by rule, a sliding fee scale(s) that provides for cost sharing by families that receive CCDF child care services. (b) A sliding fee scale(s) shall be based on income and the size of the family and may be based on other factors as appropriate. (c) Lead Agencies may waive contributions from families whose incomes are at or below the poverty level for a family of the same size. (a) The Lead Agency shall certify that the payment rates for the provision of child care services under this part are sufficient to ensure equal access, for eligible families in the area served by the Lead Agency, to child care services comparable to those provided to families not eligible to receive CCDF assistance or child care assistance under any other Federal, State, or tribal programs. (b) The Lead Agency shall provide a summary of the facts relied on to determine that its payment rates ensure equal access. At a minimum, the summary shall include facts showing: (1) How a choice of the full range of providers, e.g., center, group, family, and in-home care, is made available; (2) How payment rates are adequate based on a local market rate survey conducted no earlier than two years prior to the effective date of the currently approved Plan; (3) How copayments based on a sliding fee scale are affordable, as stipulated at §98.42. (c) A Lead Agency may not establish different payment rates based on a family's eligibility status or circumstances. (d) Payment rates under paragraph (a) of this section shall be consistent with the parental choice requirements in §98.30. (e) Nothing in this section shall be construed to create a private right of action. Lead Agencies shall give priority for services provided under §98.50(a) to: (a) Children of families with very low family income (considering family size); and (b) Children with special needs. If a Lead Agency does not have a registration process for child care providers who are unlicensed or unregulated under State, local, or tribal law, it is required to maintain a list of the names and addresses of unlicensed or unregulated providers of child care services for which assistance is provided under this part. (a) Child care providers (other than family child care providers, as defined in §98.2) that receive assistance through grants and contracts under the CCDF shall not discriminate in admissions against any child on the basis of religion. (b) Paragraph (a) of this section does not prohibit a child care provider from selecting children for child care slots that are not funded directly (i.e., through grants or contracts to providers) with assistance provided under the CCDF because such children or their family members participate on a regular basis in other activities of the organization that owns or operates such provider. (c) Notwithstanding paragraph (b) of this section, if 80 percent or more of the operating budget of a child care provider comes from Federal or State funds, including direct or indirect assistance under the CCDF, the Lead Agency shall assure that before any further CCDF assistance is given to the provider, (1) The grant or contract relating to the assistance, or (2) The admission policies of the provider specifically provide that no person with responsibilities in the operation of the child care program, project, or activity will discriminate, on the basis of religion, in the admission of any child. (a) In general, except as provided in paragraph (b) of this section, nothing in this part modifies or affects the provision of any other applicable Federal law and regulation relating to discrimination in employment on the basis of religion. (1) Child care providers that receive assistance through grants or contracts under the CCDF shall not discriminate, on the basis of religion, in the employment of caregivers as defined in §98.2. (2) If two or more prospective employees are qualified for any position with a child care provider, this section shall not prohibit the provider from employing a prospective employee who is already participating on a regular basis in other activities of the organization that owns or operates the provider. (3) Paragraphs (a)(1) and (2) of this section shall not apply to employees of child care providers if such employees were employed with the provider on November 5, 1990. (b) Notwithstanding paragraph (a) of this section, a sectarian organization may require that employees adhere to the religious tenets and teachings of such organization and to rules forbidding the use of drugs or alcohol. (c) Notwithstanding paragraph (b) of this section, if 80 percent or more of the operating budget of a child care provider comes from Federal and State funds, including direct and indirect assistance under the CCDF, the Lead Agency shall assure that, before any further CCDF assistance is given to the provider, (1) The grant or contract relating to the assistance, or (2) The employment policies of the provider specifically provide that no person with responsibilities in the operation of the child care program will discriminate, on the basis of religion, in the employment of any individual as a caregiver, as defined in §98.2.
Title 45: Public Welfare
PART 98—CHILD CARE AND DEVELOPMENT FUND
Subpart E—Program Operations (Child Care Services)—Lead Agency and Provider Requirements
§ 98.40 Compliance with applicable State and local regulatory requirements.
§ 98.41 Health and safety requirements.
§ 98.42 Sliding fee scales.
§ 98.43 Equal access.
§ 98.44 Priority for child care services.
§ 98.45 List of providers.
§ 98.46 Nondiscrimination in admissions on the basis of religion.
§ 98.47 Nondiscrimination in employment on the basis of religion.
