< Back to Search

Overview of Waiver Provisions By Provision Number and State and Territory

Published: September 9, 2016
Categories:
Data
Topics:
CCDF Plans, States/Territories
Types:
Data

On November 19, 2014, the President signed the Child Care and Development Block Grant (CCDBG) Act of 2014 into law. This Law reauthorizes the Child Care and Development Fund (CCDF) and makes significant advances by defining health and safety requirements for child care providers, outlining family-friendly eligibility policies, and ensuring parents and the general public have transparent information about the child care choices available to them. States and Territories apply for their block grant funding via submission of CCDF State Plans. The CCDBG Act also changed the Plan cycle for CCDF from a biennial to a triennial Plan period; thus, the FY 2016-2018 Plan will cover a 3-year period.

The Office of Child Care added 26 new requirements to the FY2016-2018 CCDF Plan to align with the provisions of the Act. In cases where a State/Territory was unable to come into compliance with one or more of the new provisions in the Act by the effective date of that provision, the State/Territory was required to submit a request for a waiver along with their Plan outlining how the State/Territory plans to fully implement the new requirement and the timeline for implementation. Initial waivers only cover provisions required in calendar year 2016. For requirements with an effective date after 2016, waiver requests may be submitted no later than 90 days prior to the effective date. Approval or disapproval of Plans and waiver requests were completed by June 1, 2016. The CCDBG Act of 2014 gives the Secretary the option to waive statutory provisions or penalties for up to 3 years if certain statutory conditions are met.

This summary table provides an overview of the States and Territories who requested waivers for each new requirement by June 2016.

Provision #

Provision

States and Territories Requesting Waiver

Total

1.8.1

Statewide child care disaster plan

AK, DC, HI, MI

4

2.2.1

Consumer education information is available to parents, providers and the general public regarding child care assistance services

HI

1

2.2.8

Coordination with other Federal and State partners to increase access to developmental screening resources and services

HI

1

2.3.1

Publically accessible website for licensing and monitoring reports of child care programs

HI, MI

2

3.1.5

Graduated phase-out of assistance for families whose income has increased at the time of redetermination

AK, CA, DE, FL, HI, NH, NY, OK, VT, VA

10

3.1.6

Policy in place regarding the process to take parents’ irregular fluctuations in earnings into account for initial determination and redetermination

CA, NH

2

3.1.10

Families are required to certify their assets do not exceed $1,000,000

MN

1

3.2.2

Improving Access to high-quality child care for homeless children and families

AK, HI, MN, NH

4

3.3.1

Minimum 12-month eligibility and redetermination period regardless of changes in family income (as long as income does not exceed the federal threshold of 85% of State median income) or temporary changes in participation in work, training, or education activities

AK, CA, FL, HI, IL, MN, NH, NY, VA, WV, WA

11

3.3.3

Procedures in place to not unduly disrupt parents’ employment, education or job training activities in order to comply with the State/Territory’s requirements for redetermination of eligibility for assistance

CA

1

4.4.2

Payment rates sufficient to ensure equal access either based on the current market rate survey or alternative methodology

AK, CA, HI, NV, NJ

5

4.5.1

Payment practices for CCDF child care providers reflect generally accepted payment practices of non-CCDF child care providers in the State/Territory

CA, NH, NY, WI

4

4.6.3

Procedures are in place to increase access to programs providing high-quality child care and development services with priority given to areas with high concentrations of poverty and unemployment

NY, VA

2

5.1.3

Implementation of child care standards for providers receiving CCDF that address appropriate ratios between the number of children and the number of providers and group size, in terms of the age of the children for each type of child care setting

CA, FL, HI, NE, PR

6

5.1.6a

Establish at least the 10 health and safety requirements for providers serving children receiving CCDF assistance as described in the CCDBG

AK, CA, HI, IL, MI, MN, NY, PR

8

5.1.6b

Establish pre-service or orientation training requirements, appropriate to the provider setting, that address the 10 health and safety topics described in the CCDBG – DISAPPROVED*

CT, HI, IL, NY, MI, MN, MD

7

5.2.1

Policies and practices are in effect to ensure providers for children receiving CCDF and their facilities comply with applicable State or local licensing and health and safety requirements

CA, FL, HI, IL, MI, MN, PR

7

5.2.2a

Policies and practices are in place to ensure individuals who are hired as licensing inspectors in the State/Territory are qualified to inspect child care providers and facilities and have received training in related health and safety requirements and trained in all aspects of the State’s licensure requirements

HI, PR

2

5.2.2b

At least one prelicensure inspection and one unannounced inspection of licensed CCDF providers for compliance with all child care licensing standards, including compliance with health, safety, and fire standards

CA, HI, MI, MN, NY, VT

6

5.2.2c

Policies and practices in place that require licensing inspectors of child care providers and facilities to perform an annual monitoring visit of each license-exempt CCDF provider

AK, CA, FL, HI, IL, MN, NY

7

5.2.2d

Policies and practices in place that require the ratio of licensing inspectors to be maintained at a level sufficient to enable the State to conduct inspections of child care providers and facilities on a timely basis in accordance with Federal, State, and local law

HI, IL, MN, NY, VT

5

5.2.2e

Child abuse reporting requirements are in place and comply with the Child Abuse Prevention and Treatment Act

HI, NY

2

6.1.1

The State/Territory’s professional development system or framework requirements enable child care providers to promote the social, emotional, physical, and cognitive development of children and to improve the knowledge and skills of the child care workforce

FL, HI, NY, PR

4

6.1.10

The State/Territory is using CCDF for activities to improve the quality or availability of child care, including training and technical assistance to providers on identifying and serving homeless children and their families

HI, GA

2

6.2.3

Policies and practices are in place to strengthen provider’s business practices

CA

1

6.3.1

The State/Territory will develop, maintain, or implement early learning and developmental guidelines that are appropriate for children in a forward progression from birth to kindergarten entry

SD

1

* No waiver requests for the health and safety training provision (5.1.6b) were approved, therefore the State/Territory will be on a Corrective Action Plan for this provision starting October 1, 2016.

Last Reviewed: September 9, 2016