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TITLE 45 PUBLIC WELFARE
SUBTITLE A -- DEPARTMENT OF HEALTH AND HUMAN SERVICES
SUBCHAPTER A -- GENERAL ADMINISTRATION
PART 98 CHILD CARE AND DEVELOPMENT FUND
SUBPART B -- GENERAL APPLICATION PROCEDURES
45 CFR 98.15
PHOTOCOPY
§ 98.15 Assurances and certifications.
PRESERVATION
(a) The Lead Agency shall include the following assurances in its CCDF Plan:
(1) Upon approval, it will have in effect a program that complies with the provisions of the CCDF Plan,
and that 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;
(2) The parent(s) of each eligible child within the area served by the Lead Agency who receives or is
offered child care services for which financial assistance is provided is given the option either:
(i) To enroll such child with a child care provider that has a grant or contract for the provision of the
service; or
(ii) To receive a child care certificate as defined in § 98.2;
(3) In cases in which the parent(s), pursuant to 5 98.30, elects to enroll their child with a provider that
has a grant or contract with the Lead Agency, the thill will be enrolled with the eligible provider
selected by the parent to the maximum extent praculcable;
(4) In accordance with § 98.30, 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;
(5) 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, pursuant to § 98.30(f).
(6) That if expenditures for pre-Kindergarten services are used to meet the maintenance-of-effort
requirement, the State has not reduced its level of effort in full-day/full-year child care services,
pursuant to § 98.53(h)(1).
(b) The Lead Agency shall include the following certifications in its CCDF Plan:
(1) In accordance with § 98.31, it has procedures in place to ensure that providers of child care services
for which assistance is provided under the 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;
(2) As required by § 98.32, the State maintains a record of substantiated parental complaints and
makes information regarding such complaints available to the public on request;
13 of 72
7/13/2000 12:40 PM
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"ocrText": "LEXIS®-NEXIS® View Printable Page\nhttp://web.lexis-nexis.com/In.universe/search/submitViewTagged\nTITLE 45 PUBLIC WELFARE\nSUBTITLE A -- DEPARTMENT OF HEALTH AND HUMAN SERVICES\nSUBCHAPTER A -- GENERAL ADMINISTRATION\nPART 98 CHILD CARE AND DEVELOPMENT FUND\nSUBPART B -- GENERAL APPLICATION PROCEDURES\n45 CFR 98.15\nPHOTOCOPY\n§ 98.15 Assurances and certifications.\nPRESERVATION\n(a) The Lead Agency shall include the following assurances in its CCDF Plan:\n(1) Upon approval, it will have in effect a program that complies with the provisions of the CCDF Plan,\nand that is administered in accordance with the Child Care and Development Block Grant Act of 1990,\nas amended, section 418 of the Social Security Act, and all other applicable Federal laws and\nregulations;\n(2) The parent(s) of each eligible child within the area served by the Lead Agency who receives or is\noffered child care services for which financial assistance is provided is given the option either:\n(i) To enroll such child with a child care provider that has a grant or contract for the provision of the\nservice; or\n(ii) To receive a child care certificate as defined in § 98.2;\n(3) In cases in which the parent(s), pursuant to 5 98.30, elects to enroll their child with a provider that\nhas a grant or contract with the Lead Agency, the thill will be enrolled with the eligible provider\nselected by the parent to the maximum extent praculcable;\n(4) In accordance with § 98.30, the child care certificate offered to parents shall be of a value\ncommensurate with the subsidy value of child care services provided under a grant or contract;\n(5) With respect to State and local regulatory requirements (or tribal regulatory requirements), health\nand safety requirements, payment rates, and registration requirements, State or local (or tribal) rules,\nprocedures or other requirements promulgated for the purpose of the CCDF will not significantly restrict\nparental choice from among categories of care or types of providers, pursuant to § 98.30(f).\n(6) That if expenditures for pre-Kindergarten services are used to meet the maintenance-of-effort\nrequirement, the State has not reduced its level of effort in full-day/full-year child care services,\npursuant to § 98.53(h)(1).\n(b) The Lead Agency shall include the following certifications in its CCDF Plan:\n(1) In accordance with § 98.31, it has procedures in place to ensure that providers of child care services\nfor which assistance is provided under the CCDF, afford parents unlimited access to their children and to\nthe providers caring for their children, during the normal hours of operations and whenever such\nchildren are in the care of such providers;\n(2) As required by § 98.32, the State maintains a record of substantiated parental complaints and\nmakes information regarding such complaints available to the public on request;\n13 of 72\n7/13/2000 12:40 PM"
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