------------------ -------------------------- -------------------------
  ACF                **U.S. Department of       
                     Health and Human           
                     Services**                 

  Administration     **1. Log No:               **2. Issuance Date: May
                     CCDF-ACF-PI-2008-01**      2, 2008**

  for Children       **3. Originating Office:   
                     Child Care Bureau, Office  
                     of Family Assistance**     

  and Families       **4. Key Words: Child Care 
                     and Development Fund,      
                     Eligibility, Federal       
                     public benefits, Head      
                     Start, Non-Profit          
                     Organizations,             
                     Verification**             
  ------------------ -------------------------- -------------------------

+-----------------+----------------------------------------------------+
| **TO:**         | State, Territorial, and Tribal Lead Agencies       |
|                 | administering child care programs under the Child  |
|                 | Care and Development Block Grant Act of 1990 (the  |
|                 | CCDBG Act), as amended, and other interested       |
|                 | parties.                                           |
+-----------------+----------------------------------------------------+
| **SUBJECT:**    | Clarification of policy regarding verification of  |
|                 | the citizenship and immigration status of Child    |
|                 | Care and Development Fund (CCDF) applicants when   |
|                 | non-profit organizations determine eligibility for |
|                 | the CCDF program and when a child receives         |
|                 | combined CCDF and Head Start services.             |
+-----------------+----------------------------------------------------+
| **REFERENCES:** | The CCDBG Act; Section 418 of the Social Security  |
|                 | Act; 45 CFR Parts 98 and 99; Personal              |
|                 | Responsibility and Work Opportunity Reconciliation |
|                 | Act (PRWORA) of 1996; 63 FR 41662 -- 41686;        |
|                 | ACYF-PI-CC-98-08.                                  |
+-----------------+----------------------------------------------------+
| **PURPOSE:**    | This Program Instruction clarifies previous policy |
|                 | guidance and responds to inquiries received from a |
|                 | number of States regarding verification of the     |
|                 | citizenship and immigration status of CCDF         |
|                 | applicants.                                        |
+-----------------+----------------------------------------------------+
| **BACKGROUND:** | Title IV of PRWORA requires programs offering      |
|                 | Federal public benefits to verify the citizenship  |
|                 | and immigration status of beneficiaries of program |
|                 | services. CCDF is considered a program providing   |
|                 | Federal public benefits subject to this            |
|                 | requirement. In 1998, the Child Care Bureau issued |
|                 | a Program Instruction titled, "Clarification of    |
|                 | 'Federal public benefit' Regarding Child Care and  |
|                 | Development Fund Services" (ACYF-PI-CC-98-08).     |
|                 | This guidance established that for implementing    |
|                 | verification requirements mandated by title IV,    |
|                 | only the citizenship and immigration status of the |
|                 | child is relevant for eligibility purposes. The    |
|                 | Program Instruction also provided guidance on      |
|                 | exemptions to verification requirements for        |
|                 | non-profit charitable organizations and for        |
|                 | agencies providing combined CCDF and Head Start    |
|                 | services.                                          |
+-----------------+----------------------------------------------------+
| **POLICY:**     | **[Non-Profit Organizations]{.underline}**         |
|                 |                                                    |
|                 | Section 432(d) of PRWORA, as amended, provides     |
|                 | that, "a nonprofit charitable organization, in     |
|                 | providing any Federal public benefit...or any      |
|                 | State or local public benefit...is not required    |
|                 | under this chapter to determine, verify, or        |
|                 | otherwise require proof of eligibility of any      |
|                 | applicant for such benefits." (8 USC 1642(d)). A   |
|                 | Lead Agency may not require non-profit             |
|                 | organizations determining eligibility in the CCDF  |
|                 | program to verify citizenship and immigration      |
|                 | status.                                            |
|                 |                                                    |
|                 | In ACYF-PI-CC-98-08, the Child Care Bureau stated  |
|                 | that the exemption at section 432(d) of PRWORA     |
|                 | does not apply where eligibility for services is   |
|                 | determined by a governmental entity, but does      |
|                 | apply if eligibility for CCDF services is          |
|                 | determined by a non-profit charitable              |
|                 | organization. The guidance did not clarify whether |
|                 | a CCDF Lead Agency would retain responsibility for |
|                 | verifying an applicant's legal status in           |
|                 | circumstances where the Lead Agency has selected a |
|                 | non-profit charitable organization to determine    |
|                 | eligibility for CCDF services on the Lead Agency's |
|                 | behalf, and the non-profit organization elects not |
|                 | to verify citizenship and immigration status.      |
|                 |                                                    |
|                 | This Program Instruction clarifies that, while     |
|                 | non-profit organizations are exempt from           |
|                 | verification requirements mandated by title IV of  |
|                 | PRWORA, this exemption does not release the Lead   |
|                 | Agency from its responsibilities to assure that    |
|                 | only individuals "eligible" for services receive   |
|                 | them. If a non-profit organization contracted by   |
|                 | the Lead Agency elects not to verify the           |
|                 | citizenship and immigration status of applicants   |
|                 | for CCDF benefits, the Lead Agency retains this    |
|                 | responsibility and therefore must establish        |
|                 | procedures for verification. A Lead Agency may     |
|                 | want to consider this fact when entering into an   |
|                 | agreement with the non-profit charitable           |
|                 | organization.  A Lead Agency could choose to enter |
|                 | into contracts only with non-profit organizations  |
|                 | that are willing to verify citizenship and         |
|                 | immigration status when determining eligibility    |
|                 | for CCDF services.                                 |
|                 |                                                    |
|                 | **[Head Start Programs]{.underline}**              |
|                 |                                                    |
|                 | The Head Start and Early Head Start programs have  |
|                 | been determined not to provide Federal public      |
|                 | benefits because non-post secondary education      |
|                 | benefits were omitted from the statutory           |
|                 | definition in title IV of PRWORA. Therefore, Head  |
|                 | Start providers are not required to implement      |
|                 | PRWORA's verification requirements. In             |
|                 | ACYF-PI-CC-98-08, the Child Care Bureau stated     |
|                 | that verification requirements do not apply when a |
|                 | child receives Head Start services that are        |
|                 | supported by CCDF funds and are subject to Head    |
|                 | Start Performance Standards. The guidance also     |
|                 | stated:                                            |
|                 |                                                    |
|                 | > "The policy...applies when services are subject  |
|                 | > to the Head Start Performance Standards and are  |
|                 | > supported by combined Head Start/CCDF funding,   |
|                 | > or are provided by service arrangements with     |
|                 | > child care agencies, or when an agency that      |
|                 | > operates a Head Start program also provides a    |
|                 | > separate program for children that is entirely   |
|                 | > supported by CCDF funds."                        |
|                 |                                                    |
|                 | The 1998 guidance broadly implied that a Head      |
|                 | Start grantee that operates a Head Start program   |
|                 | and also administers a separate program for        |
|                 | children entirely supported by CCDF funds is not   |
|                 | subject to verification requirements. This new     |
|                 | Program Instruction clarifies that only when an    |
|                 | agency provides child care services that are       |
|                 | subject to the Head Start Performance Standards    |
|                 | *and* supported by combined Head Start and CCDF    |
|                 | funding, do verification requirements mandated by  |
|                 | title IV not apply. If a Head Start grantee also   |
|                 | administers a separate program for children (not   |
|                 | subject to Head Start Performance Standards)       |
|                 | entirely supported by CCDF funds, this separate    |
|                 | CCDF program would not be exempt from PRWORA's     |
|                 | verification requirements. This is a more narrow   |
|                 | interpretation than what was stated in             |
|                 | ACYF-PI-CC-98-08.                                  |
|                 |                                                    |
|                 | **[Verification Procedures]{.underline}**          |
|                 |                                                    |
|                 | A Lead Agency has flexibility to establish         |
|                 | procedures for verifying an applicant's            |
|                 | citizenship and immigration status when            |
|                 | determining eligibility for CCDF services, but its |
|                 | procedures should be in accordance with Department |
|                 | of Justice requirements for verifying eligibility  |
|                 | for "Federal public benefit" programs found in the |
|                 | November 17, 1997 Department of Justice Notice,    |
|                 | \`\`Interim Guidance on Verification of            |
|                 | Citizenship, Qualified Alien Status and            |
|                 | Eligibility Under Title IV of the Personal         |
|                 | Responsibility and Work Opportunity Reconciliation |
|                 | Act of 1996.\'\' (62 FR 61344). This guidance      |
|                 | outlines procedures by which a State or local      |
|                 | government can verify whether an alien applying    |
|                 | for a State or local public benefit is a qualified |
|                 | alien or citizen. If an audit or review determines |
|                 | that the citizenship or immigration status of a    |
|                 | CCDF recipient was not properly verified, or that  |
|                 | an ineligible recipient (due to their immigration  |
|                 | status or otherwise) received CCDF assistance,     |
|                 | such funds would be considered misspent, and       |
|                 | subject to disallowance.                           |
+-----------------+----------------------------------------------------+
| **ADDITIONAL    | Additional questions should be directed to the     |
| QUESTIONS:**    | appropriate Regional Office (see attached list).   |
+-----------------+----------------------------------------------------+
| *               | 1\. Child Care Bureau Program Managers in ACF      |
| *ATTACHMENTS:** | Regional Offices                                   |
+-----------------+----------------------------------------------------+

/s/

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

Sidonie Squier

Director

Office of Family Assistance

cc: ACF Regional Child Care Program Managers

# [Child Care Bureau Regional Program Managers ]{.underline}

+--------+------------------------+---------+-------------------------+
| **     | Stan Gardner           | *       | Gwendolyn Jones         |
| Region |                        | *Region |                         |
| I**    | ACF/HHS                | VI**    | ACF/HHS                 |
|        |                        |         |                         |
|        | JFK Federal Building   |         | Suite 945               |
|        |                        |         |                         |
|        | Room 2000              |         | 1301 Young Street       |
|        |                        |         |                         |
|        | Boston, MA 02203       |         | Dallas, TX 75202        |
|        |                        |         |                         |
|        | Phone: (617) 565-2454  |         | Phone: (214) 767-3849   |
|        |                        |         |                         |
|        | Fax: (617) 565-2493    |         | Fax: (214) 767-8890     |
|        |                        |         |                         |
|        | E-mail:                |         | E-mail:gwen             |
|        | st                     |         | dolyn.jones@acf.hhs.gov |
|        | an.gardner@acf.hhs.gov |         |                         |
+--------+------------------------+---------+-------------------------+
| **     | Nitza Lopez-Munoz      | *       | Betty Lammle            |
| Region |                        | *Region |                         |
| II**   | ACF/HHS                | VII**   | ACF/HHS                 |
|        |                        |         |                         |
|        | 26 Federal Plaza       |         | Federal Office Building |
|        |                        |         |                         |
|        | Room 4114              |         | Room 276                |
|        |                        |         |                         |
|        | New York, NY 10278     |         | 601 East 12th Street    |
|        |                        |         |                         |
|        | Phone: (212) 264-2890  |         | Kansas City, MO 64106   |
|        | X182                   |         |                         |
|        |                        |         | Phone: (816) 426-2264   |
|        | Fax: (212) 264-4881\   |         |                         |
|        | E-mail:                |         | Fax: (816) 426-2888\    |
|        | nitza.                 |         | E-mail:                 |
|        | lopezmunoz@acf.hhs.gov |         | b                       |
|        |                        |         | etty.lammle@acf.hhs.gov |
+--------+------------------------+---------+-------------------------+
| **     | Jennifer McGraw        | *       | Karen Knoll-Moran       |
| Region |                        | *Region |                         |
| III**  | ACF/HHS                | VIII**  | ACF/HHS                 |
|        |                        |         |                         |
|        | 150 S. Independence    |         | Federal Office          |
|        |                        |         | Building, Ninth Floor   |
|        | Mall West---Suite 864  |         |                         |
|        |                        |         | 1961 Stout Street       |
|        | Public Ledger Bldg.    |         |                         |
|        |                        |         | Denver, CO 80294-3538   |
|        | Philadelphia, PA       |         |                         |
|        | 19106-3499             |         | Phone: (303) 844-1164   |
|        |                        |         |                         |
|        | Phone: (215) 861-4053  |         | Fax: (303) 844-3642\    |
|        |                        |         | E-mail:                 |
|        | Fax: (215) 861-4070\   |         | karen                   |
|        | E-mail:                |         | .knollmoran@acf.hhs.gov |
|        | jenni                  |         |                         |
|        | fer.mcgraw@acf.hhs.gov |         |                         |
+--------+------------------------+---------+-------------------------+
| **     | Darrel McGhee          | *       | Robert Garcia           |
| Region |                        | *Region |                         |
| IV**   | ACF/HHS                | IX**    | ACF/HHS                 |
|        |                        |         |                         |
|        | Atlanta Federal Center |         | 90 7th Street, Ninth    |
|        |                        |         | Floor                   |
|        | Suite 4M60             |         |                         |
|        |                        |         | San Francisco, CA       |
|        | 61 Forsyth Street,     |         | 94103-6710              |
|        | S.W.                   |         |                         |
|        |                        |         | Phone: (415) 437-8439   |
|        | Atlanta, GA 30303-8909 |         |                         |
|        |                        |         | Fax: (415) 437-8436     |
|        | Phone: (404) 562-2936  |         |                         |
|        |                        |         | E-mail:                 |
|        | Fax: (404) 562-2985    |         | ro                      |
|        |                        |         | bert.garcia@acf.hhs.gov |
|        | E-mail:                |         |                         |
|        | dar                    |         |                         |
|        | rel.mcghee@acf.hhs.gov |         |                         |
+--------+------------------------+---------+-------------------------+
| **     | Kathleen Penak         | *       | Paul Noski              |
| Region |                        | *Region |                         |
| V**    | ACF/HHS                | X**     | ACF/HHS                 |
|        |                        |         |                         |
|        | Suite 400              |         | Blanchard Plaza, Room   |
|        |                        |         | 610                     |
|        | 233 N. Michigan Ave.   |         |                         |
|        |                        |         | MS RX-70                |
|        | Chicago, IL 60601      |         |                         |
|        |                        |         | 2201 Sixth Avenue       |
|        | Phone: (312) 353-3270  |         |                         |
|        |                        |         | Seattle, WA 98121       |
|        | Fax: (312) 353-2629    |         |                         |
|        |                        |         | Phone: (206) 615-2609   |
|        | E-mail:                |         |                         |
|        | kath                   |         | Fax: (206) 615-2574     |
|        | leen.penak@acf.hhs.gov |         |                         |
|        |                        |         | E-mail:                 |
|        |                        |         | paul.noski@acf.hhs.gov  |
+--------+------------------------+---------+-------------------------+