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CCDF
Indian Children Dual Eligibility
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Index:
ACYF-PIQ-CC-97-01 | ACF RAs | (Collection
available in Word and PDF)
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Related
Items: None
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Policy
Interpretation Question (ACYF-PIQ-CC-97-01)
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ACF
Administration
for Children
and Families
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U.S. Department of Health
and Human Services
Administration on Children, Youth and Families
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1. Log No. ACYF-PIQ-CC-97-01 |
2. Issuance Date: 3/4/97 |
3. Originating Office: Child Care Bureau |
4. Key Word: Child Care and Development
Fund Indian Children; Dual Eligibility |
To:
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Child Care and Development Fund (CCDF) Lead Agencies, Grantees and
Other Interested Parties. |
Subject:
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Dual Eligibility for Indian Children |
Legal
and Related References:
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The Child Care and Development Block Grant Act of 1990 (P.L. 101-508)
as amended by P.L. 102-401, P.L. 102- 586, P.L. 103-171, and P.L.
104-193. |
Background:
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A question has arisen concerning whether the State must provide
child care services to Indian children when tribes receive direct
funding for child care. |
Inquiries:
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Direct all inquiries to the appropriate ACF
Regional Administrator. |
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___/s/________________________________
James A. Harrell, Acting Associate Commissioner
Administration on Children, Youth and Families
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DUAL
ELIGIBILITY FOR TRIBAL CHILDREN
Background:
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The Child Care and Development Block Grant Act does not allow a
State to have a blanket policy making Indian children ineligible
for the State's child care program.
The Child Care Development Block Grant Act asserts that, for child
care services funded by the Child Care and Development Fund (CCDF),
the eligibility of Indian children for a tribal program does not
affect their eligibility for a State program. This is referred to
as dual eligibility. To receive services under a program, the child
must still meet the other specific eligibility criteria of that
program.
Specifically, the Child Care Development Block Grant Act indicates,
"The awarding of a grant or contract under this section for
programs or activities to be conducted in a State or States shall
not affect the eligibility of any Indian child to receive services
provided or to participate in programs and activities carried out
under a grant to the State or States under this subchapter."
[Section 658O(c)(5)]. This provision was in the original Child Care
Development Block Grant Act. It was not affected by the recent welfare
reform amendments.
Furthermore, regulations at 45 CFR 98.20(b)(1) provide that CCDF grantees
may establish eligibility requirements, in addition to Federal eligibility
requirements, so long as they do not "discriminate against children
on the basis of race, national origin, ethnic background, sex, religious
affiliation, or disability." |
"Notwithstanding
Any Other Provision of Law":
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The amended Social Security Act declares, "notwithstanding
any other provision of law," a State's Mandatory and Matching
funds must be transferred and integrated into the CCDF and be subject
to the requirements and limitations of the Child Care Development
Block Grant Act. [Section 418(c)]. Thus the dual eligibility provision
of section 658O(c)(5) applies to the Mandatory and Matching funds,
as well as to the Discretionary funds. |
TANF
Prohibition
in Section
412(b)(1)(D) is
not Applicable to
CCDF:
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A provision in the amended Social Security Act prohibits
a family who is receiving Temporary Assistance for Needy Families
(TANF) from a tribal program from receiving duplicative assistance
from other State or tribal programs. [Section 412(b)(1)(D)]. However,
the words "notwithstanding any other provision of law" [section
418(c)] void, for purposes of the CCDF, the prohibition in section
412(b)(1)(D). Therefore, the prohibition in section 412(b)(1)(D) does
not apply to the CCDF. As discussed previously, the Child Care Development
Block Grant Act says that Indian children have dual eligibility for
CCDF child care services. As a result, States cannot have a blanket
policy of refusing to provide child care services to Indian children.
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Need
for States
and Tribes to
Cooperate:
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Because tribes receive two percent of the total fiscal
year 1997 CCDF, they are a valuable source of child care for Indian
children--including children whose families receive TANF. In particular,
a tribe that operates its own TANF or work program (or both) may have
an important role in promoting self-sufficiency for its low-income
families, including the provision of adequate child care. However,
Indian children have dual eligibility for CCDF child care services
regardless of whether a tribe operates its own TANF or work program.
Therefore, we encourage States and tribes to work closely together
on child care services. Coordination of child care resources will
be needed to ensure adequate child care for eligible Indian children.
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Index:
ACYF-PIQ-CC-97-01 | ACF RAs | (Collection
available in Word and PDF)
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Related
Items: None
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