Proposed Rule2023-15930
Request for Information: Meeting the Child Care Needs in Tribal Nations
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 27, 2023
Issuing agencies
Health and Human Services DepartmentChildren and Families Administration
Abstract
The Office of Child Care invites public comment on the rules and regulations of the Tribally administered Child Care and Development Fund (CCDF) program as part of the Administration for Children and Families' (ACF) commitment to creating partnerships with Tribal Nations to identify and implement solutions that transcend traditional program boundaries. As part of that commitment, OCC seeks input on the requirements, regulations, and processes for Tribal Nations that administer CCDF. This Request for Information (RFI) specifically seeks public comment on the following topics of the Tribal child care program--CCDF Funding Policies for Tribes, CCDF Administration, Improving Families' Access to Child Care, and Increasing Child Care Supply in Tribal Communities--but input on any aspect of the Tribally administered CCDF program is welcome. OCC will host a Tribal consultation during the RFI public comment period.
Full Text
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<title>Federal Register, Volume 88 Issue 143 (Thursday, July 27, 2023)</title>
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[Federal Register Volume 88, Number 143 (Thursday, July 27, 2023)]
[Proposed Rules]
[Pages 48409-48414]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15930]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
45 CFR Part 98
Request for Information: Meeting the Child Care Needs in Tribal
Nations
AGENCY: Office of Child Care (OCC), Administration for Children and
Families (ACF), Department of Health and Human Services (HHS).
ACTION: Request for information.
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SUMMARY: The Office of Child Care invites public comment on the rules
and regulations of the Tribally administered Child Care and Development
Fund (CCDF) program as part of the Administration for Children and
Families' (ACF) commitment to creating partnerships with Tribal Nations
to identify and implement solutions that transcend traditional program
boundaries. As part of that commitment, OCC seeks input on the
requirements, regulations, and processes for Tribal Nations that
administer CCDF. This Request for Information (RFI) specifically seeks
public comment on the following topics of the Tribal child care
program--CCDF Funding Policies for Tribes, CCDF Administration,
Improving Families' Access to Child Care, and Increasing Child Care
Supply in Tribal Communities--but input on any aspect of the Tribally
administered CCDF program is welcome. OCC will host a Tribal
consultation during the RFI public comment period.
DATES: To be considered, public comments must be received
electronically no later than January 2, 2024.
ADDRESSES: Public comments should be submitted online at <a href="https://www.regulations.gov">https://www.regulations.gov</a> or by email to <a href="/cdn-cgi/l/email-protection#fcb3bfbfa88e959e9d90bc9d9f9ad294948fd29b938a"><span class="__cf_email__" data-cfemail="1659555542647f74777a56777570387e7e6538717960">[email protected]</span></a>. All
submissions received must include the docket number ACF-2023-0004 for
``Request for Information: Meeting the Child Care Needs in Tribal
Nations.'' All comments received are a part of the public record and
will be posted for public viewing on <a href="https://www.regulations.gov">https://www.regulations.gov</a>,
without change. That means all personal identifying information (such
as name or address) will be publicly accessible. Please do not submit
confidential information, or otherwise sensitive or protected
information. We accept anonymous comments. If you wish to remain
anonymous, enter ``N/A'' in the required fields.
FOR FURTHER INFORMATION CONTACT: Megan Campbell, Office of Child Care,
202-690-6499. Telecommunications Relay users may dial 711 first. Email
inquiries to <a href="/cdn-cgi/l/email-protection#ee838b898f80c08d8f839e8c8b8282ae8f8d88c086869dc0898198"><span class="__cf_email__" data-cfemail="ddb0b8babcb3f3bebcb0adbfb8b1b19dbcbebbf3b5b5aef3bab2ab">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
There are approximately half a million Native children under the
age of 13 in the United States, and nearly half are below the age of
five.\1\ In fiscal year (FY) 2023, 265 Tribal Lead Agencies received
CCDF grants totaling $557 million toward Tribal child care. The Child
Care and Development Block Grant (CCDBG) Act of 2014 (the Act), 42
U.S.C. 9857 et seq., and the CCDF regulations (45 CFR part 98), which
together govern CCDF, aim to promote families' financial stability and
foster healthy child development by helping families afford child care
and improving the quality of child care for all children.
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\1\ Smith, L. and Rosen, S. (2022). Righting a wrong: Advancing
equity in child care funding for American Indian & Alaska Native
families. Washington, DC: Bipartisan Policy Center. <a href="https://bipartisanpolicy.org/download/?file=/wp-content/uploads/2022/04/BPC-Tribal-Report_RV5.pdf">https://bipartisanpolicy.org/download/?file=/wp-content/uploads/2022/04/BPC-Tribal-Report_RV5.pdf</a>.
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The Act does not explicitly apply most of its provisions to the
Tribal program, so with some exceptions and within certain parameters,
the Secretary of Health and Human Services (the Secretary) has the
authority to
[[Page 48410]]
determine many of the CCDF requirements for Tribal Lead Agencies. With
this RFI, OCC is seeking public comment on whether existing CCDF
requirements, regulations, and processes are appropriate for Tribal
Nations to implement CCDF in a manner that best meets the needs of the
children, families, and child care providers in their communities and
that properly recognizes the principals of strong government-to-
government relationships and Tribal sovereignty. We seek feedback on
whether changes to rules and/or processes are needed to improve
implementation of Tribal CCDF programs.
We recognize that any changes made to Tribal regulations or other
requirements must be made with input and consultation from Tribal
Nations and organizations that receive CCDF funding. This RFI is being
issued with ACF's Principles for Working with Federally Recognized
Tribes \2\ in mind, including the promotion and sustainability of
strong government-to-government relationships, Indian self-
determination, Tribal sovereignty, and transparency in ACF's actions as
public servants. This RFI is also aligned with President Biden's 2021
Initiative on Advancing Educational Equity, Excellence, and Economic
Opportunity for Native Americans; \3\ his Memorandums on Tribal
Consultation and Strengthening Nation-to-Nation Relationships \4\ and
Uniform Standards for Tribal Consultationxe; \5\ and Executive oerders
on Increasing Access to High-Quality Care and Supporting Caregivers,\6\
and Advancing Racial Equity and Support for Underserved Communities
Through the Federal Government,\7\ and Further Advancing Racial Equity
and Support for Underserved Communities through the Federal
Government.\8\ In the Executive order on Increasing Access to High-
Quality Care and Supporting Caregivers, President Biden specifically
calls for, ``removing barriers and providing the funding needed for
Tribal Nations to effectively provide high-quality child care and long-
term care'' \5\ and calls on the Secretary to, ``review existing
policies to identify opportunities--including among Tribal
communities--to increase the capacity of community care entities by
providing operational support to these networks of providers.'' \9\
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\2\ Administration for Children and Families (ACF) Principles
for Working with Federally Recognized Tribes <a href="https://www.acf.hhs.gov/sites/default/files/documents/revised_acf_princips_032317.pdf?nocache=1490367914num">https://www.acf.hhs.gov/sites/default/files/documents/revised_acf_princips_032317.pdf?nocache=1490367914num</a>;:~:text=ACF%20e
stablishes%20these%20principles%20in,professionalism%2C%20integrity%2
C%20and%20stewardship.
\3\ Executive Order 14049. October 11, 2021. <a href="https://www.govinfo.gov/content/pkg/DCPD-202100841/pdf/DCPD-202100841.pdf">https://www.govinfo.gov/content/pkg/DCPD-202100841/pdf/DCPD-202100841.pdf</a>.
\4\ Memorandum on Tribal Consultation and Strengthening Nation-
to-Nation Relationships. January 26, 2021. <a href="https://www.govinfo.gov/content/pkg/DCPD-202100091/pdf/DCPD-202100091.pdf">https://www.govinfo.gov/content/pkg/DCPD-202100091/pdf/DCPD-202100091.pdf</a>.
\5\ Memorandum on Uniform Standards for Tribal Consultation.
November 3, 2022. <a href="https://www.whitehouse.gov/briefing-room/presidential-actions/2022/11/30/memorandum-on-uniform-standards-for-tribal-consultation/">https://www.whitehouse.gov/briefing-room/presidential-actions/2022/11/30/memorandum-on-uniform-standards-for-tribal-consultation/</a>.
\6\ Executive Order 14095. April 18, 2023. <a href="https://www.govinfo.gov/content/pkg/DCPD-202300309/pdf/DCPD-202300309.pdf">https://www.govinfo.gov/content/pkg/DCPD-202300309/pdf/DCPD-202300309.pdf</a>.
\7\ Executive Order 13985. January 20, 2021. <a href="https://www.govinfo.gov/content/pkg/DCPD-202100054/pdf/DCPD-202100054.pdf">https://www.govinfo.gov/content/pkg/DCPD-202100054/pdf/DCPD-202100054.pdf</a>.
\8\ Executive Order 14091. February 16, 2023. <a href="https://www.govinfo.gov/content/pkg/FR-2023-02-22/pdf/2023-03779.pdf">https://www.govinfo.gov/content/pkg/FR-2023-02-22/pdf/2023-03779.pdf</a>.
\9\ Executive Order 14095. April 18, 2023. <a href="https://www.govinfo.gov/content/pkg/DCPD-202300309/pdf/DCPD-202300309.pdf">https://www.govinfo.gov/content/pkg/DCPD-202300309/pdf/DCPD-202300309.pdf</a>.
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What We Are Looking for in Public Comments
Through this RFI, the OCC is seeking input from Tribal leaders,
Tribal program administrators, and others who are impacted directly by
the Tribal CCDF requirements. We also welcome input from service
providers, current federal and non-federal technical assistance
providers, national organizations, researchers, philanthropy, families,
and community members.
Responses to this RFI will inform ongoing and future efforts to
improve the ways in which the OCC administers the CCDF Tribal program,
including potential regulatory changes, to meet the needs of children,
families, and communities within Tribal Nations. This RFI is for
information and planning purposes only and should not be construed as a
solicitation for applications or as an obligation on the part of ACF or
HHS. We also note that changes in policy requiring revisions to statute
or regulations will require further appropriate processes to
effectuate, which may entail Congressional action or rulemaking
procedures.
We recommend that respondents address the questions listed below,
but input on any aspect of the Tribally administered CCDF program is
welcome. Commenters do not need to address every question and should
focus on those where commenters have relevant expertise or experience.
Commenters should identify the question to which they are responding by
indicating the corresponding letter and number(s). We request
commenters who identify barriers or policies to indicate the source/
level (e.g., federal, state, local) of the barrier or policy, as well
as the types of child care providers (e.g., centers, family child care
homes) that are impacted.
CCDF Funding Policies for Tribes
A. Triennial Child Count and Service Area
OCC seeks public comment on the CCDF rules and regulations related
to the triennial child count and defined service area. Every three
years as part of the triennial plan submission, Tribal Lead Agencies
submit the number of children that will be counted as the basis for
funding formulas, as well as their definition of Indian Child and
Indian Reservation or Service Area (otherwise referred to as the
``child count'' (45 CFR 98.81(b)(4)) to receive CCDF funds. Tribal Lead
Agencies have flexibility to determine the methodology and data sources
used for their child count. Additional information about these
requirements can be found in the Child Count and Tribal Early Learning
Initiative (TELI) Program Instructions (CCDF-ACF-PI-2022-03).
Regulations allow Tribal Lead Agencies to include children from
other Tribes in their count, provided they are from federally
recognized Tribes and there is no duplication in counts across
overlapping or neighboring service areas, which are on or near a
reservation (except Tribes in Alaska, California, and Oklahoma) (45 CFR
98.80(e)). CCDF requires the service area to be ``on or near'' a
reservation, and OCC has specified through the above-referenced policy
guidance that ``on or near'' refers to a geographic proximity to the
borders of a tribe's reservation.
A tribe with fewer than 50 children under age 13 may participate in
a consortium of eligible Tribes if the consortium demonstrates
authorization from each participating tribe, including a letter for
each participating tribe that the consortia can act and receive funding
on their behalf (45 CFR 98.80(c). This demonstration is required
initially and every three years.
Request for Information
A1. Child Count
OCC seeks input on whether the current requirements for the
triennial child count work well for Tribal Lead Agencies and if there
are changes to the child count requirements that would better support
the implementation of Tribal CCDF programs. We also request input on
what changes to child care rules, guidance, and/or the role of the
federal office, if any, would enable a fair and equitable child count
process for all Tribal Nations.
[[Page 48411]]
A2. Consortia
OCC seeks input on the current requirements for Tribal CCDF
consortia, including whether there are barriers or challenges for
identifying the methods or data sources for consortia child count. We
also seek input on the benefits and/or burdens to how Tribes must
demonstrate they authorize the consortium to receive funds and act on
their behalf.
A3. Service Area
OCC seeks input on whether the definition or parameters of
``service area'' enables Tribal Lead Agencies to meet the child care
needs for Native families in their area and whether and what changes to
the requirements for defining service area would help ensure a fair and
equitable process for all Tribal Nations.
B. Allocation Sizes
The preamble of the 2016 CCDF Final Rule established thresholds for
the three categories of Tribal Lead Agencies based upon funding
allocations, which have remained unchanged: small (less than $250,000),
medium ($250,000 to $1 million), or large (more than $1 million) (FR
67536-6). While all Tribal Lead Agencies are subject to health and
safety requirements and quality spending minimums, Tribal Lead Agencies
with small allocations operate under a smaller number of CCDF
requirements and complete an abbreviated CCDF plan compared to Tribes
with medium and large allocation (45 CFR 98.81 & 98.83). These modified
requirements are meant to account for implementation and structural
variance that arise from a small award size and fewer services. Tribal
Lead Agencies with medium and large allocations must meet more
requirements, provide direct services, and complete a full CCDF plan.
Annual appropriations for Tribal Lead Agencies increased from $137
million in FY 2017 to $557 million in FY 2023. While the total amount
allotted to Tribes has dramatically increased since the publication of
the 2016 Final Rule, the allocation size thresholds have remained the
same. We acknowledge that any changes to allocation size thresholds
could have significant implications for Tribal Lead Agencies and their
programming.
Request for Information
B. OCC seeks input on whether the current thresholds for Tribes
with small, medium, and large allocations and the corresponding
requirements are still appropriate or if changes are warranted. OCC is
requesting information whether and what changes in tiered requirements
for each allocation size would better support the implementation of the
CCDF program and better serve the needs of Tribal Nations.
C. Tribal CCDF Plan
Every three years, Tribal Lead Agencies are required to submit a
CCDF plan as a condition to receive annual CCDF funds (45 CFR 98.17 &
98.81(a)). Prior to CCDF plan submission, OCC provides a CCDF plan
preprint outlining the applicable regulations and requirements with
instructions on how to address each plan item or question. OCC also
provides training and technical assistance on how to develop and submit
the triennial plan.
Request for Information
C. OCC seeks feedback on how the Tribal CCDF plan submission
supports or interferes with implementation of the CCDF program. Does
the three-year plan cycle process support implementation or create
barriers or challenges? Is there anything specifically challenging or
burdensome about drafting or creating the Tribal CCDF plan? Are changes
to the Tribal plan needed to better support Tribal CCDF program
administration? If so, how?
D. Discretionary Base Amount
Tribal Lead Agency CCDF allocations are based on a discretionary
base amount set by the Secretary, as well as a discretionary and
mandatory amount based on the number of children submitted in the child
count (45 CFR 98.61(c) & 98.62(b) through (c)). The base amount is not
subject to the administrative cost limitations nor the quality
expenditure requirement discussed below and can be used on any
allowable CCDF expenditure (45 CFR 98.83(h)). The discretionary base
amount is not regulatory and was originally established in the preamble
to the 1998 CCDF Final Rule (63 FR 39978) and was increased in the
preamble to the 2016 Final Rule (81 FR 67544). Beginning in FY 2017,
the base amount increased from $20,000 to $30,000 to account for
inflation that eroded the value of the base amount since it was
originally established in 1998.
Request for Information
D. OCC is seeking input on whether the current base amount for
discretionary funds has created barriers, challenges, or worked well
for Tribal Lead Agencies. We are interested to know whether a different
base amount would better support the implementation of Tribal CCDF
programs and whether a change to the discretionary base amount would
expand opportunity and access to child care services in Tribal Nations
and their communities.
CCDF Administration
E. Early Childhood and Related Systems Coordination
CCDF Tribal Lead Agencies are required to coordinate services with
other Tribal, federal, state, and/or local child care and early
childhood development programs with agencies responsible for public
health, employment services/workforce development, public education,
the Temporary Assistance for Needy Families program (42 U.S.C. 601 et
seq.), etc. at a minimum (45 CFR 98.82(b)). However, Tribes have
indicated there are multiple challenges related to coordination of
Tribal early childhood services, including conflicting requirements,
difficulties in tracking funding separately, and lack of a cohesive
vision.
Request for Information
E. OCC seeks input on what barriers interfere with Tribal Lead
Agencies coordinating CCDF with other early childhood programs, like
Head Start, preschool funds offered through state or local resources,
and home visiting, as well as with other related programs like the
Individuals with Disabilities Education Act Part C and Part B, Child
and Adult Child Care Food Program and the Women, Infants, and Children
program in a manner that supports Tribal program goals. OCC is
specifically interested in the ways in which Tribes currently or would
like to braid, blend, and layer funding from multiple early childhood
federal funding streams in order to create culturally appropriate and
high-quality early childhood settings and specific barriers to doing
so.
F. Spending Requirements
CCDF regulations includes three types of set-asides for how funds
must be spent. First, Tribal Lead Agencies with medium and large
allocations must spend at least 70 percent of their discretionary CCDF
funds (excepting the base amount) on direct services, which is based on
total expenditures after reserving funds for quality and administration
(45 CFR 98.50(f)(2) & 98.83(g)). The 70 percent minimum does not apply
to Tribes with small allocation, which are not required to spend CCDF
on direct services (45 CFR 98.83(f)). This minimum set-aside ensures
CCDF is mainly spent on
[[Page 48412]]
helping parents afford child care, but OCC has heard concerns that it
can be a barrier for some Tribal Nations to make needed child care
system investments that, if unaddressed, limit families' ability to use
child care assistance. Second, all Tribal Lead Agencies have a 15
percent cap on administrative expenditures (45 CFR 98.83(i). All funds
except those received through the discretionary base amount ($30,000)
are subject to this limitation. Third, CCDF requires all Tribal Lead
Agencies to spend no less than nine percent of their total CCDF
expenditures on quality improvement activities (45 CFR 98.50(b)(1) &
98.83(g)(1)). Tribes with medium and large allocation are required to
spend an additional 3 percent on activities to improve the quality and
supply of care for infants and toddlers (45 CFR 98.50(b)(2) &
98.83(g)(2)). While any Tribal Lead Agency can spend more than nine
percent of their funds on quality activities, quality activities do not
count toward direct services.
Request for Information
F1. Direct Services Minimum
OCC requests comment on whether the 70 percent direct service
spending requirement for discretionary funds creates challenges for
Tribal Lead Agencies and if there are alternative policies that would
better meet Tribes' child care needs. We also seek feedback on whether
any of the spending requirements (for direct services, quality
activities, and/or administrative expenses) inhibit opportunities and
access to child care and early learning services in Tribal Nations.
F2. Administrative Cap
OCC requests comment on whether the 15 percent administrative cap
inhibits Tribal implementation of the CCDF program and if so, the
changes that would facilitate the Tribal Lead Agency better meeting the
purposes of the program.
F3. Quality Set-Aside
OCC requests comment on any barriers or challenges the quality set-
aside may pose to Tribes implementing their child care program.
G. Construction and Major Renovation of Child Care Facilities
With approval from ACF, CCDF Tribal Lead Agencies may use CCDF
funds for the construction and/or major renovation of child care
facilities (45 CFR 98.84 (a)). Construction or major renovation funds
must be set-aside from the Tribal Lead Agency's current grant year's
CCDF allocation and must be liquidated by the end of the second fiscal
year following the fiscal year the grant is awarded (45 CFR 98.84(e)).
This policy provides three years to fully liquidate funds. Funds set
aside for construction or major renovation may also pay for a modular
unit, including the costs of buying and installing the unit, if the
unit is fixed to the land. A Tribal Lead Agency must demonstrate that
adequate child care facilities are not otherwise available and that the
lack of facilities will inhibit future program operations (45 CFR
98.84(b)). The Tribal Lead Agency must also show that after the
construction or renovation is complete, either the level of direct
child care services will increase or the quality of child care services
will improve.
Tribes may use set-aside funds to construct or renovate a facility
that services more than the CCDF program, however, a cost allocation
plan that ensures proportionate cost sharing must be in place.
Request for Information
G. Please describe specific challenges or barriers Tribal Lead
Agencies have experienced with the requirements for construction or
major renovation. We seek feedback on CCDF rules for prioritizing,
planning, developing, and/or building child care facilities. We also
specifically seek input on barriers to building a facility that will
serve more than the CCDF program, such as facilities jointly funded by
Head Start and CCDF.
H. Obligation and Liquidation Deadlines
Tribal Lead Agencies must obligate, or legally commit, all funds by
the end of the fiscal year (September 30th) following the fiscal year
the funds were initially awarded (approximately two years) (45 CFR
98.60(e)(1)). Obligated funds must be liquidated within the next fiscal
year (approximately three years) (45 CFR 98.60(e)(2)). Any funds that
remain unobligated or unliquidated by these deadlines are returned to
the Department of Treasury. Financial information regarding obligated
and liquidated funds are reported through the ACF-696T form.\10\
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\10\ CCDF-ACF-PI-2022-08. November 2, 2022. <a href="https://www.acf.hhs.gov/occ/policy-guidance/ccdf-acf-pi-2022-08">https://www.acf.hhs.gov/occ/policy-guidance/ccdf-acf-pi-2022-08</a>.
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We acknowledge the rapid influx of Tribal funding since 2017, in
combination with these deadlines, created a burden for many Tribal Lead
Agencies in spending funds within the time allotted. This led to many
requests for extension of the obligation and liquidation periods
through temporary fiscal waivers--including for COVID supplemental
funds, discretionary funds, or construction and major renovation
funds--to allow more time to manage and spend down the multiple
increased funding streams during a short window of time.
Request for Information
H. We seek input on whether the current obligation and liquidation
deadlines have created barriers or challenges for implementation of
CCDF programs by Tribal Lead Agencies.
I. Reporting Requirements
Tribal Lead Agencies that receive CCDF funds are required to submit
an aggregate report (ACF-700 Tribal Annual Report \11\) covering
overall child care services provided and a financial report (ACF-696T
Financial Reporting Form for Tribal CCDF Lead Agencies \12\) on
expenditures issued under CCDF every year (45 CFR 98.65(i) & 98.70(c)).
These forms are subject to the Paperwork Reduction Act, which includes
designated periods for Tribal Lead Agencies and others to provide
public comment. Tribal Lead Agencies will have additional opportunities
to comment on any changes to these forms that may be proposed based on
responses to the RFI.
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\11\ CCDF-ACF-PI-2022-09. October 31, 2022. <a href="https://www.acf.hhs.gov/occ/policy-guidance/ccdf-acf-pi-2022-09">https://www.acf.hhs.gov/occ/policy-guidance/ccdf-acf-pi-2022-09</a>.
\12\ CCDF-ACF-PI-2022-08. November 2, 2022. <a href="https://www.acf.hhs.gov/occ/policy-guidance/ccdf-acf-pi-2022-08">https://www.acf.hhs.gov/occ/policy-guidance/ccdf-acf-pi-2022-08</a>.
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Request for Information
I. OCC seeks input on CCDF reporting for Tribal Lead Agencies,
including the ACF-700 and/or the ACF-696T forms. Please describe how
they may create barriers or challenges for Tribal Lead Agencies and if
the current reporting requirements align with Tribal data sovereignty.
Please describe recommended changes, including other ways
administrative and expenditure data can be collected and reported.
J. Quality Activities in Tribal Child Care
Tribal Lead Agencies receive CCDF funds to increase the quality of
child care and childhood development programs and are required to
report how their funds and policies support quality programming (45 CFR
98.53(a)). Quality activities could include, but are not limited to,
training and professional development, improving early learning and
development guidelines, or supporting health and safety practices.
Tribal Lead Agencies also report how their payment rates to providers
support quality, including cultural and
[[Page 48413]]
linguistic appropriateness (45 CFR 98.81(b)(5)).
Request for Information
J. Please describe the primary drivers of child care quality in
Tribal communities or programs. OCC also seeks feedback on any barriers
or challenges to improving quality as a result of CCDF program
requirements.
K. Tribal and State Coordination of CCDF Programs
State CCDF programs may sometimes intersect with the administration
of Tribal CCDF programs. Therefore, CCDF requires States to be
proactive and timely in reaching out to the Tribal officials for
collaboration and are required to describe how they consulted,
collaborated, and coordinated with Tribes in their State Plans (45 CFR
98.16(e)). The CCDF regulations recognize the need for states to
conduct formal, structured consultation with Tribal governments,
including Tribal leadership (45 CFR 98.10(f)). Many states and Tribes
have consultation policies and procedures in place. Tribal Lead
Agencies are subject to health and safety as well as monitoring
requirements for providers who receive CCDF funds (45 CFR 98.41(a) &
98.83(d)(2)). They have some flexibility in determining which
monitoring requirements should apply to child care providers (45 CFR
98.83(d)(2)). However, any alternative approaches must be approved, and
this flexibility cannot be used to bypass these requirements
altogether. Rather, Tribal Lead Agencies can introduce strategies that
are more culturally appropriate or more financially feasible for Native
children, families, and child care providers.
State Lead Agencies are subject to the same health and safety
requirements and also must have child care licensing requirements for
child care providers (45 CFR 98.40(a)(1)). State Lead Agencies may
require child care providers to meet additional health and safety
standards or quality levels in order to participate in the CCDF
program. Tribal Lead Agencies may use their CCDF funds to pay child
care providers regulated by a State Lead Agency rather than requiring a
separate set of Tribal health and safety requirements or standards.
Many Tribal Lead Agencies pay state-licensed or state-regulated
providers with Tribal CCDF funds to serve Tribal children. Tribal Lead
Agencies may accept state subsidy payments at their Tribally operated
child care centers. In cases where Tribally operated child care centers
accept state subsidy payments, State Lead Agencies may require such
providers to meet their state-specific health and safety requirements
or standards, which may result in the Tribally operated child care
center being subject to the State-specific health and safety
requirements or their quality improvement systems. However, state
licensing or regulation and quality improvement systems may not be
culturally appropriate or relevant for Native children, families, and
child care providers.
Request for Information
K. Please describe how state administration of CCDF requirements
impact your Tribal Lead Agency's ability to administer your Tribal CCDF
program and meet the needs of Native children and families.
Improving Families' Access to Child Care
L. Consumer Education
All Tribes are exempt from creating a CCDF consumer education
website given the administrative cost of building a website and the
lack of reliable high-speed internet in some Tribal areas (45 CFR
98.83(d)(1)(i)). However, Tribal Lead Agencies with medium or large
allocations are required to meet some of the CCDF consumer education
requirements, including maintaining a parental complaint hotline,
disseminating certain information to parents, providers, and the
general public on child care services, sharing consumer-friendly and
easily accessible, provider-specific monitoring reports and provider-
specific consumer education statement with a summary of the Tribe's
health and safety policies. Tribes with small allocations are exempt
from all consumer education requirements.
Request for Information
L. OCC seeks input on the consumer education information
requirements for Tribal Lead Agencies. Please describe if the amount of
consumer education information that is required for Tribal Lead
Agencies creates any barriers or challenges in program administration.
OCC also seeks feedback on the most appropriate minimum information
about Tribal CCDF programs and eligible providers that should be shared
with families and the general public, as well as effective means for
communicating the information so that they can make informed decisions.
OCC also welcomes feedback from families participating in Tribally-
administered child care subsidy programs on current consumer education
resources and if these resources promote transparency and parent
choice.
M. Eligibility
Tribal Lead Agencies with small allocations can consider any Native
child under age 13 in the service area to be eligible for child care
services automatically (referred to as ``categorical eligibility'') (45
CFR 98.83(f)(8) & 98.81(b)(1)(i)), and many CCDF Tribal Lead Agencies
with small allocations utilize this flexibility.
Tribal Lead Agencies with large or medium allocations are subject
to standard eligibility requirements unless the tribe's median income
is below a level established by the Secretary, and therefore to be
eligible for CCDF services, children must be under age 13, reside with
a family whose income does not exceed 85 percent of the Grantee Median
Income (GMI), and reside with parents who are working, attending a job
training or educational program (45 CFR 98.81(b)). To use categorical
eligibility, Tribal Lead Agencies with large or medium allocations must
demonstrate their Tribal Median Income is below 85 percent of State
Median Income, and that provision for services is delivered to those
with the highest need. Most Tribal Lead Agencies meet this requirement.
Request for Information
M. Please describe whether current federal eligibility requirements
are appropriate for Tribal Lead Agencies and what, if any, changes to
current federal eligibility requirements would better support the
implementation of Tribal CCDF programs, including coordination with
other early care and education programs. Please describe whether
changes to the eligibility requirements are needed to expand
opportunity and access to child care and early learning services to
Tribal Nations and communities.
Increasing Child Care Supply in Tribal Communities
N. Early Childhood Workforce
ACF's mission is to advance an early childhood sector that meets
the developmental needs of, and that creates equitable opportunities
for, children and families. This includes supporting systems that
attract, prepare, support, and retain a qualified and diverse work
force. President Biden's Executive order on Increasing Access to High-
Quality Care and Supporting
[[Page 48414]]
Caregivers \13\ also calls for increasing wages and benefits for staff,
increasing provider payment rates, and improved access to mental health
supports for the workforce. CCDF provides significant flexibility for
Tribal Lead Agencies to prioritize CCDF funds for the workforce. OCC
has heard from many Tribal Lead Agencies that there are oftentimes
internal challenges to increasing CCDF Tribally Operated Center
teacher, director, and staff wages and/or in retaining qualified CCDF
staff.
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\13\ Executive Order 14095. April 18, 2023. <a href="https://www.govinfo.gov/content/pkg/DCPD-202300309/pdf/DCPD-202300309.pdf">https://www.govinfo.gov/content/pkg/DCPD-202300309/pdf/DCPD-202300309.pdf</a>.
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Request for Information
N1. Compensation. Please describe specific challenges or barriers
that CCDF rules present for Tribal Lead Agencies increasing child care
staff wages, benefits, and or provider payment rates. Please describe
what changes would better support efforts to support the Tribal child
care workforce.
N2. Qualifications. Please provide perspectives on child care
workforce qualifications and what makes for an effective workforce.
Please describe specific challenges or barriers that CCDF rules present
for Tribal Lead Agencies in preparing, supporting, and retaining
qualified CCDF staff.
O. Eligible Child Care Providers
Eligible child care providers under CCDF include center-based child
care providers, family child care providers, or in-home child care
providers that are subject to health and safety requirements and
monitoring and enforcement procedures (45 CFR 98.2). Relative providers
are also eligible if they are 18 years of age or older and provide
child care services only to eligible children who are--by marriage,
blood relationship, or court decree--the grandchild, great grandchild,
sibling[s] (if such provider lives in separate residence), niece, or
nephew of such provider (45 CFR 98.2).
Request for Information
O. We seek feedback on how the current requirements on eligible
providers support Tribal CCDF programs and if they create barriers or
challenges for Tribal Lead Agencies. Are there changes in the eligible
provider requirements that would better support the implementation of
Tribal CCDF programs? Are there ways in which the requirements on
eligible providers undermine Tribal sovereignty and self-determination?
P. Comprehensive Background Checks
CCDF regulations require Tribes to comply with the same background
check provisions as states and territories (45 CFR 98.83(d)(3), but the
Act does not provide Tribes the legal authority to conduct all checks,
and Tribes face unique challenges directly requesting and accessing
certain data. This lack of statutory authority and access to conduct
certain checks impacts public safety not only in Tribal communities but
across the United States.
Request for Information
P. We are seeking comment to better understand challenges Tribal
Nations face to implement the CCDF background check requirements.
Please describe challenges Tribal Nations face in the implementation of
comprehensive background checks and recommendations for addressing
these challenges while ensuring child safety.
Q. Other Topics
Please describe any other CCDF Tribal regulations and processes
that interfere with Tribal Nations' child care program implementation
and/or CCDF policies or regulations not yet addressed in this RFI and
proposed solution(s).
Dated: July 24, 2023.
Ruth J. Friedman,
Director, Office of Child Care.
[FR Doc. 2023-15930 Filed 7-26-23; 8:45 am]
BILLING CODE 4184-87-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.