Tribal Child Care And Development Fund: Guide for New Administrators
Table of Contents
This document is also available in printable PDF (452 KB)
and Word (262 KB) format.
Program Implementation
In order to best meet the needs of children and families in tribal communities, the Child Care and Development Fund allows grantees a great deal of flexibility and broad discretion in designing services that are developmentally and culturally appropriate. Quality early care and education programs can improve the developmental outcomes of children, producing long-term as well as short-term gains on measures of school achievement and success in young adulthood.16
Does Child Care Quality Matter? |
“Our review of the research literature indicates that child care quality matters at several levels. In terms of children’s everyday experiences, children appear happier and more cognitively engaged in settings in which caregivers are interacting with them in positive ways and in settings in which child [to] adult ratios are lower. Children who attend higher-quality child care settings (measured by caregiver behaviors, by [the condition of ] physical facilities, by age-appropriate activities, and by structural and caregiver characteristics) display better cognitive, language, and social competencies… [T]here is [also] evidence that child care quality is related to children’s subsequent competencies.” Child Care Quality: Does It Matter and Does It Need to be Improved? D.L. Vandell and B. Wolfe, Institute for Research on Poverty, University of Wisconsin–Madison, 2000. |
Equally important, child care supports work and self-sufficiency for low-income working families, including families transitioning from TANF.
Supporting Work and Family Self-Sufficiency17 |
A growing body of research is starting to shed light on the ways child care subsidies are achieving one of their goals – supporting employment for low-income parents. While employment and subsidy use each influence the other, mothers who use subsidies appear more likely than other low-income mothers to:
|
Many program options exist for developing and implementing responsive child care services; however, there are also a number of CCDF requirements that must be met, including requirements on the eligibility of participating families and child care providers.
Who is served by CCDF? Family Eligibility Requirements18
The Child Care and Development Fund serves families with children under the age of 13 (or, if the child is mentally or physically incapable of self-care or is under court supervision, the age may be up to under 19) who meet the following eligibility criteria:
- Children must reside with parents, or individuals acting in loco parentis, who are working or participating in education or training activities.
- Family income must be at or below 85% of State or tribal median income; however, Tribes have the option to set a lower income threshold in order to target services to certain priority families/children.
- Children receiving or in need of receiving protective services may be eligible for child care services. Tribes may also choose to provide respite care for children receiving protective services.19 20
- Priority for CCDF services must be given to children with special needs.
Under CCDF, Indian children have dual eligibility,21 meaning that a family could be eligible for services from both the State and tribal CCDF programs, if they meet the eligibility criteria of both programs. Therefore, States and Tribes are required to work in coordination to provide child care services for Indian children. An Indian child cannot receive duplicative assistance from both a tribal and a State program for the same expense. However, States and Tribes can work together to ensure that their separate expenditures meet the complete child care needs of the Indian child. For example, State CCDF dollars could be used to pay the subsidy for a particular Indian child during the hours the child’s parent is working and tribal CCDF dollars could be used to pay the subsidy for the same child during the hours the parent is in training. States and Tribes may make similar alternative arrangements to cover subsidy expenses. States and Tribes have a mutual responsibility to coordinate to ensure that duplication of services and expenses does not occur.
Who provides child care services? Provider Eligibility Requirements
Child care providers who wish to serve families who participate in the CCDF program must be operating legally within the jurisdiction in which they operate. This means that providers must be licensed or regulated in their jurisdiction under State or tribal law, or must be legally exempt from regulation. For program data reporting purposes, all providers are designated as “Licensed/Regulated” or “CCDF Provider, No License Category Available.”
CCDF regulations define four categories of care:
- In-home child care – care provided in the child’s home;
- Family child care – care provided by one caregiver (family child care provider) in a private residence other than the child’s residence;
- Group home child care – care provided by two or more caregivers in a private residence other than the child’s residence; and
- Center-based child care – group care provided in a facility outside of the child or provider’s home.
Eligible family members can provide care through tribal CCDF in any of the four categories of care.
Direct Services through Certificates and Contracts22
The majority of CCDF funding is spent on child care services provided directly to eligible children. There are two approaches for families to receive child care assistance through the subsidy system. Families may obtain a certificate (sometimes referred to as a voucher, as explained below) that they can use to purchase the child care of their choice (from the full range of available providers that meet the eligibility requirements described above). Depending on the needs of the tribal community and resources available, tribal grantees may operate a child care facility, and/or may contract with eligible providers to have child care available to families who participate in the child care assistance program. Parents can then choose to use a contracted provider or a tribal child care center instead of receiving a certificate.
Recognizing that a number of small tribal CCDF grantees do not have the infrastructure to support certain CCDF requirements, a fiscal criterion was established to “exempt” those Tribes from specified CCDF requirements.23 Tribal Lead Agencies receiving CCDF grants of less than $500,000 are considered exempt grantees. Tribal Lead Agencies receiving allocations equal to or greater than $500,000 for a fiscal year are considered non-exempt grantees. Exempt Tribes may choose to spend their child care funds all on direct services provided within tribal child care centers, all on contracts with other providers, all on a certificate/voucher program, or on a combination of these services. Exempt Tribes do not have to offer certificates/vouchers for all four categories of care described on page 10 (for example, an exempt grantee does not have to offer in-home care)—when all four categories are offered, an exempt grantee is operating a certificate program; when fewer categories of care are offered, the grantee is said to be operating a voucher program.
Non-exempt Tribes are required to operate a certificate program, to spend a minimum of 4% of their CCDF dollars on quality activities24, and to ensure that parents have the option of utilizing a certificate for care or enrolling their child with a CCDF-contracted provider (if contracts are offered). Although non-exempt Tribal Lead Agencies are required to offer in-home care, they may choose to limit its use and should describe any limits, and the justification for those limits, in their CCDF Plans.
Parental Rights of Choice, Access, and Information25
Parents have the primary influence on their children’s development and are their child’s first and most important teacher. Parents are invaluable partners for working together with child care programs so that they can meet the physical, emotional, social, and cognitive needs of the children.
Parents of children participating in tribal child care should, to the maximum extent possible, have the opportunity to choose from the full range of eligible provider options for their children’s care. Providing a range of services and supports honors the needs and preferences of families for their children. Once care is chosen, parents must have unlimited access to their children during the provider’s operating hours.
The Tribal Lead Agency must maintain a record of substantiated parental complaints associated with CCDF programs and services. The Tribal Lead Agency must also provide parents with consumer education information, such as brochures about child care quality or lists of local providers, to help them make informed choices when selecting a child care provider that best meets the needs of their family.
Restrictions on the Use of Funds
For students enrolled in grades 1 through 12, CCDF may not be used for school tuition, any service provided during the regular school day, any service resulting in academic credit toward graduation, or instructional service that supplants or duplicates the academic program of any public or private school. Funds provided under grants or contracts to providers may not be used for any sectarian purposes. However, child care certificates may be used for sectarian purposes when provided as part of child care services. For example, a parent can use a CCDF certificate/voucher to pay for child care services provided in a church facility, even when part of the child care program includes worship or religious instruction.
Child care standards are an important component of safeguarding and promoting the health and development of children in child care settings.26 Health and safety standards are established by the tribal CCDF Program for all four categories of care, although certain relative caregivers (grandparents, great grandparents, aunts, uncles, and adult siblings living in a residence other than the child’s home) can be exempted from some or all of the standards for their category. The health and safety standards must address, at a minimum, the areas of: prevention and control of infectious diseases; building and physical premises safety; and health and safety training.
The Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 required the U.S. Department of Health and Human Services, to develop, in consultation with Tribes and tribal organizations, minimum health and safety standards for tribal child care programs. The standards were issued as guidance in 2000; they were updated and republished as "Minimum Standards for Tribal Child Care: A Health and Safety Guide" in 2005.27 These voluntary guidelines represent the baseline from which all programs should operate to ensure that children are cared for in healthy and safe environments. Many Tribes exceed these standards or use them as the starting point for developing their own tribal child care standards.28 Effective Program Strategy: DEVELOPING TRIBAL STANDARDS |
The Sisseton-Wahpeton Sioux Tribe’s Child Care Program operates a certificate program allowing families to choose from the full-range of care options available in the community, and also offers contracts with local group homes and child care centers. The Tribe sought to create a framework through which the Child Care Program staff could measure a program’s level of safety. In 2000, the Tribe’s Child Care staff received permission from the Tribal Council to work with their in-house attorney to incorporate the Minimum Health and Safety Standards into their tribal child care code. In addition to incorporating most of the minimum standards, the final draft of the revised code includes several higher standards, including strong standards for staff/child ratios and group sizes from a neighboring State; standards for guidance and discipline; and Indian Health Service recommendations for immunizations and sanitation. The Child Care Program staff provided technical assistance and communication to the child care community throughout the process. For more detail on this Effective Program Strategy visit: http://nccic.acf.hhs.gov/tribal/effective/sisseton/tribalstandards.html |
On an annual basis, Tribal CCDF Lead Agencies (except those grantees funded through P.L. 102-477) are required to submit information on the child care services that were provided.29 The Tribal CCDF Annual Report consists of two parts:
- The ACF-700 Form collects data on all children and families receiving direct CCDF-funded child care services, and on the services provided.
- The Supplemental Narrative Report to the ACF-700 Form requests descriptions of the results of specific CCDF-funded activities available on the Tribal Lead Agency’s reservation or CCDF service area. The Narrative Report provides the Lead Agency with an opportunity to tell the story of how, alone or in collaboration with others, it is working to improve the quality and availability of child care services in the communities it serves.
The Tribal Annual Report is submitted only one time each year, but relies on program information that must be captured and coded on a monthly basis throughout the year.
While Tribal Lead Agencies have the option of submitting their Annual Report by mail, the Child Care Bureau encourages electronic submission of both the ACF-700 and Supplemental Narrative since it streamlines the processing and improves data quality. ACF-700 reports can be submitted through a password-protected web-based form on the ACF-700 Data Submission Center site (https://extranet.acf.hhs.gov/acf700/login/login700.jsp). Tribal Lead Agencies may also submit an electronic copy of the ACF-700 form and the Supplemental Narrative on a disk or via e-mail. Tribal Lead Agencies may contact the Child Care Automation Resource Center (CCARC) for more technical assistance or information on the Annual Report. Contact information for CCARC may be found in Appendix B.
Reimbursement Rates and Family Fees
CCDF grantees are required to conduct a local market rate survey30, 31 within two years of the effective date of their currently approved CCDF Plan. A current market rate survey is used to determine the rates charged by child care providers and paid by the families that receive child care services, within a certain geographical area. A tribal CCDF grantee may conduct its own market rate survey, or—if the Tribe’s service area is included in the State’s market rate survey—the Tribe may use the State’s survey results to determine the maximum rates at which it will reimburse providers for the cost of authorized child care.
The objective in determining the market rate is to understand what the general population is being charged for child care services, so that subsidized child care providers can receive an adequate payment rate (reimbursement rate) and provide families who participate in the child care assistance program equal access to the full range of child care. When payment rates are too low, it may negatively impact the ability of providers to serve subsidized children.
In addition to the amount of the subsidy, families are required to pay a portion of the child care fee, which is called a family co-payment. Sliding fee scales, which define different parent co-payments based, at a minimum, on family size and income, are used to help ensure that the parent fee is affordable. While there are no regulations that define affordability, it is suggested that co-payments which are no more than 10 percent of family income would generally be considered affordable.32 Co-payments may be waived in two circumstances: 1) for families under the poverty level and, 2) on a case-by-case basis for families whose children are receiving protective services.33
<< Previous Page | Table of Contents | Financial Management >>
16 Frank Porter Graham Child Development Center, “Early Learning, Later Success: The Abecedarian Study,” 1999; L.J. Schweinhart, et al., Significant Benefits: The High Scope Perry Preschool Study Through Age 27, High/Scope Press, 1993. 
Back to Text
17 S. Lawrence and J.L. Kreader, “Parent employment and the use of child care subsidies” {Research brief], Child Care & Early Education Research Connections, 2006. Back to Text
18 Final Rule: Eligibility for Services: 98.20. Back to Text
19 Tribal CCDF grantees can, at their discretion, allow children in foster care to be included under the CCDF program’s definition of “protective services.” Tribes considering this option should carefully coordinate their efforts with the appropriate foster care agencies [see Final Rule sections 98.20 (both the preamble and the amended regulations) and 98.16(f)(7), as well as Plan Preprint sections 3.3.4, 3.3.7, and Appendix 2]. Back to Text
20 Respite care in excess of 24 hours can be provided for brief, occasional periods for children in protective services. Respite care must be defined under “protective services” in the CCDF Plan [see Final Rule section 98.16(f)(7), as well as Plan Preprint sections 3.3.8 and Appendix 2]. Back to Text
21 See http://www.acf.hhs.gov/programs/ccb/law/tribal_topic.htm for the Program Instruction on Dual Eligibility for Indian Children. Back to Text
22 Final Rule: Certificates and Contracts: Section 98.2. Back to Text
23 Final Rule: Exempt/non-exempt: 98.83(f). Back to Text
24 For more information see quality activities. Back to Text
25 Final Rule: 98.30-98.34 (preamble and revised regulations). Back to Text
26 “At-a-Glance: A Place at the Policy Table for Infants and Toddlers,” available online at http://nccic.acf.hhs.gov/itcc/publications/policy.htm or by calling the National Infant & Toddler Child Care Initiative, 202-857-2673.
Back to Text
27For information on Minimum Health and Safety Standards for Tribal Child Care, visit http://nccic.acf.hhs.gov/tribal/min-std.html. Back to Text
28 Minimum Standards for Tribal Child Care, A Health and Safety Guide , available online at http://www.acf.hhs.gov/programs/ccb/ta/ms/ms1.htm or in hard copy from TriTAC. Back to Text
29 See http://www.acf.hhs.gov/programs/ccb/law/tribal_topic_data.htm for the most current Program Instruction on Reporting Requirements and Instructions for Indian Tribes.
Back to Text
30 Final Rule: Market Rate Survey: 98.43(b)(2). Back to Text
31 For additional guidance on developing and using market rate surveys, contact TriTAC or your Regional Office. Back to Text
32 Final Rule: Preamble, Affordable co-payments: 98.43. Back to Text
33 Final Rule: Sliding Fee Scales: 98.42(c) and Final Rule: A child’s eligibility for child care services: 98.20(a)(3)(ii). Back to Text