Child Care and Development Fund, Report to Congress for Fiscal Years 2002 and 2003
Part V: Tribal Child Care
BACKGROUND
The 1996 welfare reform law (P.L. 104-193) amended the Child Care and Development Block Grant Act of 1990 (CCDBG) to reserve "not less than 1 percent and no more than 2 percent" of the aggregate Child Care and Development Fund (CCDF) funds for Indian Tribes. HHS elected to reserve the full 2 percent set-aside. In FY 2002, 262 Tribal grantees were awarded $96,339,880 in CCDF funds. In FY 2003, 259 Tribal grantees were awarded $96,066,881 in CCDF funds. Over 500 federally recognized Indian Tribes, Alaska Native Villages, and a Native Hawaiian organization received CCDF funds directly or through consortium arrangements. Indian children are dually eligible to receive services from a Tribal or State CCDF program. With few exceptions, Tribal CCDF grantees are located in rural, economically challenged areas.
An Indian Tribe is eligible to receive CCDF monies if the Tribe is federally recognized and the Tribal population includes at least 50 children under age 13. A federally recognized Tribe, including a Tribe with fewer than 50 children, may join a consortium of Tribes to receive funding. Grant awards are calculated based on the number of children under age 13 reported by each Tribe. As part of the annual CCDF funds application process, a Tribe must submit a signed declaration that certifies the number of Indian children under age 13 who reside on or live near the reservation or Tribal service area.

Note: In FY 2003, there was a .65 percent across-the-board cut for all Discretionary Funds in certain Federal agencies, including HHS, which accounts for the decrease from FY 2002 to FY 2003.
The CCDF regulations provide enormous flexibility for Tribes to design and administer their programs in accordance with the unique needs and challenges in their communities. Recognizing that many smaller Tribes do not have the infrastructure to support certain CCDF requirements, CCB exempts these Tribal grantees from two key provisions. Unlike the States and large Tribes, exempt Tribes are not required to spend at least 4 percent of their CCDF funds on activities to promote child care quality. Second, "exempt" Tribes are not required to operate a certificate (voucher) program. The 1998 CCDF regulations (45 CFR Parts 98 and 99) set the exempt/nonexempt threshold at $500,000. Therefore, a Tribe with an annual CCDF allocation of $500,000 or greater is considered nonexempt and must operate a certificate program and meet the 4 percent quality requirement.
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Tribal Program Flexibility: Public Law 102-477 Option Through the Indian Employment, Training, and Related Services Demonstration Act of 1992 (P.L. 102-477), Tribes have the option to consolidate their CCDF funds with other employment and training funds, which allows them to submit abbreviated CCDF applications, plans, and program reports. Tribes may also request waivers for certain CCDF statutory provisions, regulations, policies, or procedures, given that the waiver is consistent with P.L. 102-477 and the Child Care and Development Block Grant Act of 1990. This option gives Tribes increased flexibility in developing comprehensive service delivery models and program outcomes that support the policy of Tribal self-determination and meet the unique needs of Tribal families. In FY 2003, 29 Tribes consolidated their CCDF plans into P.L. 102-477 plans. These 29 Tribes received over a quarter of the FY 2003 CCDF funds. As the statutorily designated Lead Agency of the 102-477 option, the Department of the Interior conducts onsite reviews for all 102-477 grantees during their approved 2- or 3-year grant periods. Tribes receive copies of review findings and are provided with corrective actions, if necessary. Over the past 10 years, CCB has worked closely with the Department of the Interior to administer the consolidation option. |
Tribes may use their CCDF funds to construct or renovate child care facilities, subject to ACF approval of an application for construction and major renovation application. Between FY 1997 and FY 2003, ACF approved over $54 million in CCDF funds to construct or renovate 111 child care facilities.
In Tribal communities, CCDF plays a critical role in offering affordable, accessible, and quality child care options to parents as they move toward economic self-sufficiency. Tribes employ a number of creative strategies to leverage their child care resources and coordinate with other early childhood programs, such as Head Start and Early Head Start programs and the U.S. Department of Education's 21st Century Community Learning Centers (for school-age children).


