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**CHILD CARE AND DEVELOPMENT FUND**

**TRIBAL PLAN FOR**

**FOR THE PERIOD 10/1/07 \-- 9/30/09**

This Plan describes the program that the Lead Agency will operate on
10/1/07. As provided for in the applicable statutes and regulations, the
Lead Agency has the flexibility to modify this program at any time,
including changing the options selected or described herein.

The official text of the applicable laws and regulations govern, and the
Lead Agency acknowledges its responsibility to adhere to them regardless
of the fact that, for purposes of simplicity and clarity, the specific
provisions printed herein are sometimes paraphrases of, or excerpts and
incomplete quotations from, the full text.

**An ACF document "*Guidance for Completing the Plan" *** provides
additional information and explanations to assist applicants in
responding to items in the Tribal Plan Preprint. This document is on the
Child Care Bureau's website at:
http://www.acf.dhhs.gov/programs/ccb/law/tribal_topic_application.htm

**(Form ACF 118-A; OMB Approval Number: 0970-0198, expires 08/31/2008)**

**TABLE OF CONTENTS**

Amendments Log

PART 1 ADMINISTRATION

PART 2 DEVELOPING THE CHILD CARE PROGRAM

Section 2.1 - Consultation

Section 2.2 - Coordination of Services

Section 2.3 - Public Hearing Process

Section 2.4 - Public-Private Partnerships

PART 3 CHILD CARE SERVICES OFFERED

Section 3.1 - Description of Child Care Services

Section 3.2 - Payment Rates for the Provision of Child Care

Section 3.3 - Eligibility Criteria for Child Care

Section 3.4 - Priority Rules for Children

Section 3.5 - Sliding Fee Scale for Child Care

Section 3.6 - The Certificate Payment System

PART 4 PROCESSES WITH PARENTS

Section 4.1 - Family Application Process

Section 4.2 - Record of Substantiated Parental Complaints

Section 4.3 - Unlimited Parental Access

Section 4.4 - TANF Agency's Criteria/Definitions - inability to obtain
care.

PART 5 ACTIVITIES & SERVICES TO IMPROVE THE QUALITY OF CHILD CARE

PART 6 HEALTH AND SAFETY REQUIREMENTS FOR PROVIDERS

Section 6.1 - Health and Safety Requirements for Center-Based providers

Section 6.2 - Health and Safety Requirements for Group Home providers

Section 6.3 - Health and Safety Requirements for Family providers

Section 6.4 - Health and Safety Requirements for In-Home providers

Section 6.5 - Exemptions to Health and Safety Requirements

Section 6.6 - Enforcement of Health and Safety Requirements

APPENDIX 1 \-- ASSURANCES & CERTIFICATIONS

APPENDIX 2 \-- ELIGIBILITY AND PRIORITY TERMINOLOGY

APPENDIX 3 \-- CHILD COUNT DECLARATION

APPENDIX 4 \-- LIST OF CERTIFICATIONS

REQUIRED ATTACHMENTS

Public reporting burden for this collection of information is estimated
to average 35 hours per response, including the time for reviewing
instructions, gathering and maintaining the data needed, and reviewing
the collection of information. An agency may not conduct or sponsor, and
a person is not required to respond to, a collection of information
unless it displays a currently valid OMB control number.

**AMENDMENTS LOG**

**Child Care and Development Fund Plan**

**For the period: 10/1/07 \-- 9/30/09**

GRANTEE NAME:

+-----------------+-----------------+-----------------+-----------------+
| **Section**     | **Effective/**  | **Grantee       | **ACF Approving |
|                 |                 | Signature       | Official's      |
| **Amended**     | **Proposed      | [a              | Signature       |
|                 | Effective**     | nd]{.underline} | [a              |
|                 |                 | Date            | nd]{.underline} |
|                 | **Date**        | Submitted**     | Date**          |
|                 |                 |                 |                 |
|                 |                 | **to ACF**      |                 |
+-----------------+-----------------+-----------------+-----------------+
|                 |                 |                 |                 |
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|                 |                 |                 |                 |
+-----------------+-----------------+-----------------+-----------------+

Instructions:

1\) Lead Agency completes the first 3 columns and sends a photocopy of
this log (showing the latest amendment sent to ACF) [and]{.underline}
the amended section(s) to the ACF Regional contact. A copy of the log,
showing the latest amendment pending in ACF, is retained in the Lead
Agency\'s Plan.

2\) ACF completes column 4 and returns a photocopy of the log to the
Lead Agency.

3\) The Lead Agency replaces this page in the Plan with the copy of the
log received from ACF showing the approval date.

Note: This process depends on repeated subsequent use of the
[same]{.underline} log page over the life of the Plan. At any time the
log should reflect all amendments, both approved and pending in ACF. The
Lead Agency is advised to retain those \"old\" plan pages that are
superseded by amendments in a separate appendix to its Plan.

**PART 1 -- ADMINISTRATION**

The Lead Agency has been designated by the applicant Tribe or tribal
consortium to represent the Tribe or tribal organization as the Lead
Agency. The Lead Agency agrees to administer the program in accordance
with applicable Federal laws, regulations and in accordance with the
provisions of this Plan, including the assurances and certifications
appended hereto. (658D, 658E)

+-----------------------------------------------------------------------+
| Name of Lead Agency:                                                  |
+-----------------------------------------------------------------------+
| Address of Lead Agency:                                               |
+-----------------------------------------------------------------------+
| Name and Title of the                                                 |
|                                                                       |
| Lead Agency's Administrator:                                          |
+-----------------------------------------------------------------------+
| Phone Number:                                                         |
|                                                                       |
| Fax Number:                                                           |
|                                                                       |
| E-Mail Address (if applicable):                                       |
+-----------------------------------------------------------------------+

1.1) The Tribal Lead Agency estimates the following amount of funds to
be awarded in fiscal year 2008 (October 1, 2007 through September 30,
2008) based on the [estimated]{.underline} CCDF allotment for the
applicant (see funding estimates section in the Program Instruction and
Attachment B, FY 2008 Tribal Estimates Chart).

Federal Child Care & Development Fund \$ .

> **NOTE:** estimated allotments are provided for planning purposes and
> may increase or decrease when updated data becomes available before
> the final grant awards are issued.

2.  The Tribal Lead Agency [estimates]{.underline} that the following
    amount of CCDF funds awarded in FY 2008 will be used for
    construction or renovation purposes:

\$\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

> This Application does [not]{.underline} give approval to spend funds
> on construction or renovation. Funds for this purpose cannot be spent
> until a Tribe has applied for and received approval, through a
> separate application process, from the Administration for Children and
> Families). As a part of the separate construction/ renovation
> application process, a Tribe must show that adequate facilities are
> not otherwise available to carry out child care programs, and that the
> lack of facilities will inhibit future program operations.
> Furthermore, a Tribe cannot reduce the level of child care services,
> as compared to the preceding fiscal year, in order to spend funds on
> construction or renovation. Procedures regarding the separate
> construction/renovation application process are contained in
> ACYF-PI-CC-04-01, dated January 23, 2004 and regulations at 45 CFR
> 98.2 and 98.84

1.3) The Lead Agency [estimates]{.underline} that the following amount
(or percentage) of the CCDF funds awarded in FY 2008 will be used to
administer the program ((658E(c)(3)(C)) \$ .

1.4) The Lead Agency [estimates]{.underline} that the following amount
(or percentage) of CCDF funds awarded in FY 2008 will be used on quality
activities , as described in Section 5 of the plan (658G, 98.51,
98.83(f))

> \$ .

1.5) Will the Lead Agency [directly]{.underline} administer and
implement [all]{.underline} programs funded under the Child Care and
Development Fund? ((658D(b)(1)(A), 658E(c)(3)(C), 98.11, 98.16(c)(1))

( ) Yes. Go to 1.8 and/or 1.9

( ) No, the following entity(ies) is/are responsible to
administer/implement all [or]{.underline} a part of the:

-   provision of child care services (including the payment to child
    care providers)

-   activities to improve the quality of child care described in Part 5
    of this Plan, if applicable

1.6) Is any entity named in response to 1.5 a
[non]{.underline}-governmental entity (e.g., an entity outside of the
tribal government)?

( ) No.

( ) Yes. The non-governmental entities are: (list each)

1.7) Describe:

-   the operational aspects of administering and implementing the
    program through such entities (listed in 1.5 and 1.6),
    [and]{.underline}

-   how the Lead Agency will maintain overall control of the program.

**NOTE: These descriptions should be 1-2 paragraphs, or less, and should
provide sufficient detail to enable a reader to understand how this
process works**.

1.8) A tribal consortium must provide a list of its participating
members and include demonstrations from these participating members
((98.80(c)(1), 98.81(b)(8)(i))

> These demonstrations are provided as Attachment .
>
> **NOTE:** For Alaska Native Regional Nonprofit Corporations, the list
> and
>
> demonstrations are for purposes of Discretionary Funds only).

9.  The Tribal Lead Agency has determined the number of Indian children,
    under age 13, as defined in Appendix 2, #2 who reside on or near the
    reservation, or service area (defined in Appendix 2,#3)
    (98.81(a)(4), 98.81(b)(4))

> Complete and attach the "Child Count Declaration" at Appendix 3.
>
> **[NOTE]{.underline}:** See "Guidance for Completing the Plan"
> regarding age of
>
> children to be counted and time frames for the child count.

**PART 2 \-- DEVELOPING THE CHILD CARE PROGRAM**

**NOTE: With the exception of 2.2.3, responses under Part 2 should
provide**

**sufficient detail to enable a reader to understand the Tribal Lead
Agency's**

**coordination/consultation activities.**

**[Section 2.1 - Consultation]{.underline}:**

Describe when and with whom the Lead Agency consulted in developing this
Plan. At a minimum, the description must state what representatives of
the tribal community (or tribal communities in the case of a consortium)
were consulted. (658D(b)(2), 98.12(b), 98.16(d))

**[Section 2.2 - Coordination of Services]{.underline}:**

1.  Describe how the Lead Agency is coordinating the delivery of
    CCDF-funded child care services with other tribal, Federal, State,
    and local child care, early childhood development programs, and
    before and after-school care services. (658D(b)(1)(D),
    658O(c)(2)(A), 98.16(d),98.82(b))

2.  Describe the results of the Tribal Lead Agency's coordination
    activities with agencies responsible for health (including the
    agency responsible for immunizations), education, employment
    services or workforce development, and the State TANF agency and/or
    tribal TANF agency -- if the Tribe is operating its own TANF program
    (98.14(a), 98.16(d))

3.  A tribal consortium must describe how it is coordinating services on
    behalf of its participating members, including a brief summary of
    the direct child care services funded by CCDF for each of its
    participating members (or \"constituent\" members in the case of
    Alaskan entities) (98.81(b)(8)(ii),98.83(c)(1))

> **NOTE: The general description should be 1-2 paragraphs, or less.
> Provide one to two sentences (or more, if necessary) describing the
> services provided to each individual tribal consortium member.**
>
> This description may be provided in this space, or as Attachment .

**[Section 2.3 - Public Hearing Process]{.underline}:**

Describe the public hearing process held to provide the Tribe (or member
Tribes, in the case of a tribal consortium) an opportunity to comment on
the provision of child care services under the Tribe\'s (or tribal
consortium\'s) Plan. The description must include the date(s) and
location(s) of the hearing(s), and how and when the public was notified
of the hearing(s). (658D(b)(1)(C), 98.14(c), 98.16(e))

**[Section 2.4 - Public-Private Partnerships]{.underline}:**

Describe any activities, including planned activities, to encourage
public-private partnerships which promote private-sector involvement in
meeting child care needs. (98.16(d))

**PART 3 \-- CHILD CARE SERVICES OFFERED**

**[Section 3.1 - Description of Child Care Services]{.underline}:**

[REMINDER]{.underline}: Non-Exempt Tribes are required to operate
certificate programs. Certificates must permit parents to choose from a
variety of child care categories including center-based care, group home
care, family child care and in-home care.

(98.30(e))

1.  Does the Lead Agency offer child care services through:

-   A certificate program ( ) Yes ( ) No

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-   A voucher program (exempt Tribes only) ( ) Yes ( ) No

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-   A tribally-operated center ( ) Yes ( ) No

-   Grants or contracts for child care slots ( ) Yes ( ) No

For those marked "yes," describe the types of child care services and

> the range of providers available (658A(b)(1), 658E(c)(3)(A)&(B),
>
> 658P(5)&(6), 98.16(g)(1), 98.30, 98.50)

3.1.2) **Answer this question only if your Tribe operates a certificate
program. Non-exempt tribal Lead Agencies [must]{.underline} answer this
question.** The Lead Agency must allow for in-home care, but may limit
its use.

Does the Lead Agency limit the use of in-home care in any way?

( ) No.

( ) Yes, and the limits and the reasons for those limits are:

> (98.16(g)(2), 98.30(e)(1)(iv))

3.1.3) Are all of the child care services described in #3.1.1 above
available

> throughout the entire service area? (658E(a), 98.16(g)(3))

( ) Yes

( ) No, and the following are the areas in which these services are
[not]{.underline} offered:

**[Section 3.2 - Payment Rates for the Provision of Child
Care]{.underline}:**

The Statute (at 658E(c)(4)) requires the Lead Agency to establish
payment rates for child care services that ensure eligible children
equal access to comparable care. The payment rates are provided as
Attachment .

The following is a summary of the facts relied on by the Tribal Lead
Agency to determine that the attached rates are sufficient to ensure
equal access to comparable child care services provided to children
whose parents are not eligible to receive child care assistance under
the CCDF and other governmental programs. Include, at a minimum:
(98.16(l), 98.43)

-   The date of the local market rate survey(s):

-   How the payment rates are adequate to ensure equal access based on
    the results of the required local market rate survey (i.e., the
    relationship between the attached payment rates and the market rates
    observed in the survey). Indicate if the Tribal Lead Agency based
    its rates on the State survey(s):

-   **[For Non-Exempt Tribes Only]{.underline}** -- If the payment rates
    do [not]{.underline} reflect individual rates for the
    [full]{.underline} range of providers \-- center-based, group home,
    family and in-home care \-- explain how the choice of the full range
    of providers is made available to parents:

-   Additional facts:

**[Section 3.3 - Eligibility Criteria for Child Care]{.underline}:**

By statute, all eligible children must be under the age of 13 and reside
with a family whose income does not exceed 85% of the Grantee Median
Income (GMI) for a family of the same size and whose parent(s) are
working or attending a job training or educational program or who
receive or need to receive protective services. (658E(c)(3)(B), 658P(4),
98.20, 98.80(f), 98.81(b)(1))

3.3.1) Tribal Lead Agencies must select [one]{.underline} of the
following two definitions of Grantee Median Income (GMI):

Tribal Median Income (TMI) for a family of the same size residing in the
area served by the tribal Lead Agency; or

State Median Income (SMI) for a family of the same size.

3.3.2) Complete column (a) of the matrix below based on the definition
of Grantee Median Income (GMI) selected above (TMI or SMI).

Complete column (b) [ONLY]{.underline} [IF]{.underline} the Lead Agency
is using income eligibility limits lower than 85% of the GMI.

+-------------+-----------------------+--------------------------+----+
| **Family    | **(a)**               | **(b)**                  |    |
| Size**      |                       |                          |    |
|             | **85% of Grantee      | **Income Level, lower    |    |
|             | Median Income (GMI)** | than 85% GMI, if used to |    |
|             |                       | limit eligibility**      |    |
|             | **(\$/month)**        |                          |    |
|             |                       | **(\$/month)**           |    |
+-------------+-----------------------+--------------------------+----+
| **1**       |                       |                          |    |
+-------------+-----------------------+--------------------------+----+
| **2**       |                       |                          |    |
+-------------+-----------------------+--------------------------+----+
| **3**       |                       |                          |    |
+-------------+-----------------------+--------------------------+----+
| **4**       |                       |                          |    |
+-------------+-----------------------+--------------------------+----+
| **5**       |                       |                          |    |
+-------------+-----------------------+--------------------------+----+

3.3.3) Has the Lead Agency established additional eligibility criteria,
for example

> higher income limits in one part of the tribal service area?
> (658E(c)(3)(B), 98.16(g)(5), 98.20(b))

( ) No

( ) Yes, and the additional eligibility criteria that the Lead Agency
has established are: ([Terms must be defined in Appendix 2]{.underline})

3.3.4) Has the Lead Agency elected to waive, on a case-by-case basis,
the fee and income eligibility requirements for cases in which children
receive or need to receive protective services, as defined in Appendix
2? (658P(4), 658E(c)(3)(B), 98.20(a)(3)(ii)(A))

( ) No

( ) Yes

( ) Not Applicable

3.3.5) Does the Lead Agency allow child care for children age 13 and
above who are physically and/or mentally incapable of self-care? (If so,
physical and mental incapacity must then be defined in Appendix 2.)
(658P(4), 658E(c)(3)(B), 98.20(a)(1)ii))

( ) No

( ) Yes, and the upper age is .

3.3.6) Does the Lead Agency allow child care for children age 13 and
above who are under court supervision? (658P(4), 658E(c)(3)(B))

( ) No

( ) Yes, and the upper age is .

3.3.7) Does the Tribe choose to provide CCDF-funded child care to
children in foster care whose foster care parent(s) are
[not]{.underline} working, or who are [not]{.underline} in
education/training activities? (98.20, 98.16(f)(7))

( ) Yes. (**NOTE**: This means that for CCDF purposes the Tribe
considers these children to be in protective services.)

( ) No.

8.  Does the Tribe choose to provide respite child care to children in
    protective

> services? (98.16(f)(7))

( ) Yes.

( ) No.

**[Section 3.4 - Priority Rules for Children]{.underline}:**

**NOTE: Responses under Section 3.4 should provide sufficient detail to
enable a reader to understand the Tribal Lead Agency's priority rules.**

3.4.1) Describe how the Lead Agency will give priority for child care
services to [children with special needs]{.underline} (as defined in
Appendix 2, \# 9) (658E(c)(3)(B), 98.44)

3.4.2) Does the Lead Agency have additional priority rules or
categories? (658E(c)(3)(B), 98.16(g)(5), 98.20(b))

( ) No

( ) Yes, and the following are the additional priority rules or
categories. (Terms must also be defined in Appendix 2)

3.4.3) Demonstrate the manner in which the Tribe will meet the specific
child care needs of families who are receiving Temporary Assistance for
Needy Families, families who are attempting through work activities to
transition off of such assistance program, and families that are at risk
of becoming dependent on such assistance program. (658E(c)(2)(H))

**[Section 3.5 - Sliding Fee Scale for Child Care
Services]{.underline}:**

3.5.1) A sliding fee scale, which is used to determine each family\'s
contribution to the cost of child care, must vary based on [income and
the size of the family]{.underline} (98.42(b))

> A copy of the Lead Agency\'s sliding fee scale for child care services
> is
>
> provided as Attachment .

Will the Lead Agency use additional factors to determine each family\'s
contribution to the cost of child care?

(658E(c)(3)(B), 98.16(I))

( ) No

( ) Yes, and the following describes those additional factors, including
how they will be used to determine the family\'s contribution:

3.5.2) Is the same sliding fee scale provided in the attachment in
response to question 3.5.1 above in use in [all]{.underline} parts of
the tribal service area? (658E(c)(3)(B), 98.42)

( ) Yes

( ) No, and other scale(s) are provided as

Attachment .

3.5.3) The Lead Agency may waive contributions from families whose
incomes are at or below the poverty level for a family of the same size.
(98.42(c)) The poverty level used by a Lead Agency for a family of 3 is
\$ .

The Lead Agency must elect ONE of these options:

( ) ALL families with income at or below the poverty level for a family
of the same size ARE NOT required to pay a fee.

( ) ALL families, including those with incomes at or below the poverty
level for families of the same size, ARE required to pay a fee.

( ) SOME families with income at or below the poverty level for a family
of the same size ARE NOT required to pay a fee. A description of these
families is:

3.5.4) The following is an explanation of how the copayments required by
the Tribal Lead Agency\'s sliding fee scale(s) are
affordable:(98.43(b)(3))

**[Section 3.6 - Certificate Payment System]{.underline}:**

**NOTE: Responses under Section 3.6 should provide sufficient detail to
enable a reader to understand how the Tribal Lead Agency's Certificate
Payment System works.**

**Complete this section only if your Tribe operates a certificate
program. Non-exempt tribal Lead Agencies [must]{.underline} complete
this section.**

A child care certificate means a certificate, check or other
disbursement, that is issued by the Lead Agency to a parent who may use
it to pay for child care services from a variety of providers (including
center-based, group home, family and in-home child care) or as a deposit
for services. (658E(c)(2)(A)(iii)), 658P(2), 98.2, 98.30, 98.16(k))

Describe the overall child care certificate payment process, including,
at a minimum:

3.6.1) A description of the form of the certificate (a copy of the
certificate, if applicable, is included as Attachment );

3.6.2) A description of how the certificate program permits parents to
choose from a variety of child care settings by explaining how a parent
moves from receipt of the certificate to choice of care; and

3.6.3) If the Lead Agency is also providing child care services through
grants and contracts, explain how it ensures that parents offered child
care services are given the option of receiving a child care
certificate.

**PART 4 - PROCESSES WITH PARENTS**

**NOTE: Responses under Part 4 should provide sufficient detail to
enable a reader to understand how the Tribal Lead Agency interacts with
CCDF-eligible families.**

**[Section 4.1 -- Family Application Process]{.underline}**

4.1) Describe the process involved for a family to apply to receive
child care services (658E(c)(2)(D), (658D(b)(1)(A), (658E(c)(3)(B),
98.16(h), 98.30))

The description must include:

-   How parents are informed of the availability of child care services
    and of available child care options;

-   Where and how applications are made; and

-   Who makes the eligibility determination.

**[Section 4.2 -- Record of Substantiated Parental
Complaints]{.underline}**

4.2) Provide a detailed description of how the Lead Agency maintains a
record of substantiated parental complaints and how it makes the
information regarding such parental complaints available to the public
on request. (658E(c)(2)(C), 98.32, 98.16(m))

# Section 4.3 -- Description of Procedures for Unlimited Parental Access 

4.3) Provide a detailed description of the procedures in effect in the
tribal service area for affording parents unlimited access to their
children whenever their children are in the care of a provider who
receives CCDF funds. (658E(c)(2)(B), 98.31, 98.16(n))

**[Section 4.4 -- TANF Agency's Criteria/Definitions Regarding Inability
to Obtain Care]{.underline}**

4.4) The regulations at section 98.33(b) require the Lead Agency to
inform parents who receive TANF benefits about the exception to the
individual penalties associated with the work requirement for any single
custodial parent who has a demonstrated inability to obtain needed child
care for a child under 6 years of age (98.16(p), 98.33(b))

In fulfilling this requirement, the following criteria or definitions
are applied by the TANF agency \-- which include both the Tribal TANF
agency and the State TANF agency if both provide TANF to tribal members
\-- to determine whether the parent has a demonstrated inability to
obtain needed child care.

NOTE: The TANF agency, not the CCDF Care Lead Agency, is responsible for
establishing the following criteria or definitions. These criteria or
definitions are offered in this Plan as a matter of public record.

The TANF agency/agencies responsible for these criteria or definitions
is/are:

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Tribal TANF Agency (if applicable) State TANF Agency (if applicable)

**[Tribal TANF Agency Definitions]{.underline}** (if Tribal TANF agency
serves tribal members)

-   \"appropriate child care\":

-   \"reasonable distance\":

-   \"unsuitability of informal child care\":

-   \"affordable child care arrangements\":

**[State TANF Agency Definitions]{.underline}** (if State TANF agency
serves tribal members)

-   \"appropriate child care\":

-   \"reasonable distance\":

-   \"unsuitability of informal child care\":

-   \"affordable child care arrangements\":

**PART 5 -** **ACTIVITIES & SERVICES TO IMPROVE**

**THE QUALITY OF CHILD CARE**

5.1) Check either \"Yes\" or \"No\" for each listed activity indicating
which of the following activities the Lead Agency will undertake to
improve the availability and quality of child care. (658G,
658E(c)(3)(B), 98.16(h), 98.51, 98.83(f))

**[Yes]{.underline} [No]{.underline}**

resource and referral programs;

grants or loans to providers to assist in meeting standards;

monitoring of compliance with licensing and regulatory requirements;

training and technical assistance;

compensation for child care providers;

comprehensive consumer education;

other quality activities consistent with the purposes and requirements
of the CCDF, including: (list each activity)

5.2) Describe each activity that is checked \"Yes\" above.

**NOTE: Responses under 5.2 should provide sufficient detail to enable a
reader to understand how the activities are improving the availability
and quality of child care.**

**PART 6 - HEALTH AND SAFETY REQUIREMENTS FOR PROVIDERS**

**NOTE: Responses under Part 6 should provide sufficient detail to
enable a reader to understand what Health and Safety requirements the
Tribal Lead Agency has in place under each applicable subsection (i.e.,
6.1, 6.2, 6.3 and 6.4).**

**[Section 6.1 - Health and Safety Requirements for Center-Based
Providers]{.underline}** (658E(c)(2)(F), 98.16(j), 98.41)

6.1) For all Center-Based Child Care Providers, the following health and
safety requirements apply to child care services provided under the CCDF
(98.16(j), 98.41):

• Prevention and control of infectious disease (including immunizations)

• Building and physical premises safety

• Health and safety training

**[Section 6.2 - Health and Safety Requirements for Group Home
Providers]{.underline}** (658E(c)(2)(F), 98.16(j), 98.41)

6.2) For all Group Home Child Care Providers, the following health and
safety requirements apply to child care services provided under the
CCDF:

• Prevention and control of infectious disease (including immunizations)

• Building and physical premises safety

• Health and safety training

**[Section 6.3 - Health and Safety Requirements for Family
Providers]{.underline}** (658E(c)(2)(F), 98.16(j), 98.41)

6.3) For all Family Child Care Providers, the following health and
safety requirements apply to child care services provided under the
CCDF:

• Prevention and control of infectious disease (including immunizations)

• Building and physical premises safety

• Health and safety training

**[Section 6.4 - Health and Safety Requirements for In-Home
Providers]{.underline}** (658E(c)(2)(F), 98.16(j), 98.41)

6.4) For all In-Home Child Care Providers, the following health and
safety requirements apply to child care services provided under the
CCDF:

• Prevention and control of infectious disease (including immunizations)

• Building and physical premises safety

• Health and safety training

**[Section 6.5 - Exemptions to Health and Safety
Requirements]{.underline}**

At Grantee option, the following relatives; grandparents, great
grandparents, aunts, uncles, or siblings who live in a separate
residence from the child in care, may be exempted from health and safety
requirements (658P(5)(B), 98.41(g)). Indicate the Lead Agency policy
regarding these relative providers:

( ) All relative providers are subject to the same requirements as
described in sections 6.1 - 6.4 above, as appropriate; there are no
exemptions for relatives or different requirements for them.

( ) All relative providers are exempt from [all]{.underline} health and
safety requirements.

( ) Some or all relative providers are subject to
[different]{.underline} health and safety requirements from those
described in sections 6.1 - 6.4 and the following describes those
different requirements and which relatives they apply to):

**[Section 6.6 - Enforcement of Health and Safety
Requirements]{.underline}**

The following is a description of how health and safety standards are
effectively enforced by the Lead Agency: (658E(c)(2)(E), 98.41(d))

**NOTE: Responses under Section 6.6 should provide sufficient detail to
enable a reader to understand how the Tribal Lead Agency is effectively
enforcing the Health and Safety requirements described under Section
6.**

**[APPENDIX 1 \-- ASSURANCES AND CERTIFICATIONS]{.underline}**

The Tribal Lead Agency, named in Part 1 of this Plan, assures that:

1\) Upon approval, it will have in effect a program that complies with
the provisions of the Plan printed herein, and is administered in
accordance with the Child Care and Development Block Grant Act of 1990
as amended, Section 418 of the Social Security Act, and all other
applicable Federal laws and regulations. (658D(b), 658E(a), 98.15(a)(1))

\(2\) The parent(s) of each eligible child within the Tribe or tribal
service area who receives or is offered child care services for which
financial assistance is provided is given the option either to enroll
such child with a child care provider that has a grant or contract for
the provision of the service or to receive a child care certificate.
(658E(c)(2)(A)(i), 98.2, 98.30, 98.15(a)(2)) **\[Exempt Tribal Lead
Agencies are not required to operate certificate programs.\]**

\(3\) In cases in which the parent(s) elect(s) to enroll the child with
a provider that has a grant or contract with the Tribal Lead Agency, the
child will be enrolled with the eligible provider selected by the parent
to the maximum extent practicable. (658E(c)(2)(A)(ii), 98.15(a)(3),
98.30)

\(4\) The child care certificate offered to parents shall be of a value
commensurate with the subsidy value of child care services provided
under a grant or contract. (658E(c)(2)(A)(iii), 98.15(a)(4), 98.30)
**\[Exempt Tribal Lead Agencies are not required to operate certificate
programs.\]**

\(5\) The Tribe, or tribal consortium, will coordinate, to the maximum
extent feasible, with the Lead Agency(ies) in the State(s) in which the
child care programs or activities will be carried out. (98.12,
98.14(a)&(b), 98.81(b)(3)(i), 98.82)

\(6\) Tribal Child Care and Development Fund (CCDF) programs and
activities will be carried out for the benefit of Indian children on an
Indian reservation (except for Programs located in Alaska, California,
or Oklahoma). (98.81(b)(3)(ii), 98.83(b))

(7) With respect to State and local regulatory requirements (or tribal
    regulatory requirements), health and safety requirements, payment
    rates, and registration requirements, State or local (or tribal)
    rules, procedures or other requirements promulgated for the purpose
    of the CCDF will not significantly restrict parental choice from
    among categories of care or types of providers (658E(c)(2)(A),
    98.15(a)(5), 98.15(p), 98.30(e)&(f), 98.40(b)(2), 98.41(b),
    98.43(d), 98.45(d)).

The Tribal Lead Agency also certifies that:

\(1\) It has procedures in place to ensure that providers of child care
services for which assistance is provided under the Child Care and
Development Fund (CCDF) afford parents unlimited access to their
children and to the providers caring for their children during the
normal hours of operations and whenever such children are in the care of
such providers. (658E(c)(2)(B), 98.15(b)(1), 98.31)

\(2\) It maintains a record of substantiated parental complaints and
makes information regarding such complaints available to the public on
request. (658E(c)(2)(C), 98.15(b)(2), 98.32)

\(3\) It will collect and disseminate to parents of eligible children
and the general public, consumer education information that will promote
informed child care choices. (658E(c)(2)(D), 98.15(b)(3), 98.33)

\(4\) There are in effect licensing requirements applicable to child
care services provided within the area served by the Tribal Lead Agency
pursuant to §98.40. (98.15(b)(4), 98.40)

\(5\) There are in effect, under tribal, local or State law,
requirements designed to protect the health and safety of children;
these requirements are applicable to child care providers that provide
services for which assistance is made available under the CCDF.
(658E(c)(2)(F), 98.15(b)(5), 98.41)

\(6\) Procedures are in effect to ensure that child care providers that
provide services for which assistance is provided under the CCDF comply
with all applicable health and safety requirements. (658E(c)(2)(G),
98.15(b)(6), 98.41)

(7) Payment rates under the CCDF for the provision of child care
    services will be sufficient to ensure equal access for eligible
    children to comparable child care services in the Tribe or tribal
    service area that are provided to children whose parents are not
    eligible to receive assistance under this program or under any other
    Federal or State child care assistance programs. (658E(c)(4)(A),
    98.15(b)(7), 98.43)

(8) By the end of each three year funding period (expenditure period for
    each Federal fiscal year\'s grant funding), the Tribe must have
    expenditures that are equal to grant funds received for that fiscal
    year. (98.67(c))

**[APPENDIX 2 - ELIGIBILITY AND PRIORITY TERMINOLOGY:]{.underline}**

For purposes of determining eligibility and priority for CCDF-funded
child care services, Tribal Lead Agencies must define the following
terms. (658E(a), 98.16(f), 98.81(b)(2))

\(1\) attending (a job training or educational program)-

\(2\) Indian child -

\(3\) Indian reservation or service area -

\(4\) [in loco parentis]{.underline} -

\(5\) job training and educational program -

\(6\) physical or mental incapacity (if the Lead Agency provides such
services to children age 13 and older).

\(7\) protective services -

\(8\) residing with -

\(9\) special needs child -

\(10\) working -

\(11\) Additional terminology related to conditions of eligibility or
priority established by the Tribal Lead Agency:

**[APPENDIX 3 -- CHILD COUNT DECLARATION]{.underline}**

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Name of Tribal Lead Agency

This certifies that the number of Indian children under age 13 (as
defined in Appendix 2, #2) who reside on or near the reservation or
service area (as defined in Appendix 2, #3) is: .

number

This count shows the number of Indian children under age 13 as of .

date

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Signature of Individual Authorized to

Act for the Tribe

APPENDIX 4 -- LIST OF CERTIFICATIONS

> [New]{.underline} tribal CCDF applicants must complete and submit the
> following

> certifications as Appendix 4 of their tribal plan preprint:

-   Assurance of compliance with Title VI of the Civil Rights Act of
    > 1964;

-   Certification regarding debarment (includes definitions for use with
    > the certification of debarment);

-   HHS certification regarding drug-free workplace requirements; and

-   Certification of compliance with the Pro-Child Act of 1994.

    > New applicants should contact their ACF Regional Office to obtain
    > copies of

    > the required certifications.

    > Current Tribal Lead Agencies were previously required to submit
    > these

    > certifications with their 2-year plan preprint. Therefore, the
    > certifications do

    > not need to be submitted again. Tribes are reminded that even if
    > they have

    > changed their Lead Agency, the certifications apply to the
    > successor agency.