The Child Care and Development Fund (CCDF) Plan (the Plan) for States and Territories is required from each CCDF Lead Agency in accordance with Section 658E of the Child Care and Development Block Grant (CCDBG Act), 42 U.S.C.9858 as amended by the CCDBG Act of 2014, Public Law113-186. The Plan, submitted on the ACFâ118, is now required triennially, and will remain in effect for three years. The Plan provides ACF and the public with a description of, and assurance about, the States' and Territories' child care programs. ACF extended the deadline for the submission of the State and Territory FY 2016-2018 CCDF Plan from July 1, 2015 to March 1, 2016. The extension provides States and Territories more time to engage partner agencies and stakeholders, brief legislators on needed statutory changes, and develop meaningful implementation plans. The extension does not extend the FY 2016-2018 3-year plan period; Plans will be effective June 1, 2016 through September 30, 2018.
The Office of Child Care (OCC) has given thoughtful consideration to the comments received during the 60-day Public Comment Period. The Plan has been revised to incorporate public comments, better align the Plan with the new program requirements of the CCDBG Act of 2014 and includes additional guidance and clarification where appropriate in order to improve the quality of information that is being collected. This 30-day second Public Comment Period provides an opportunity for the public to submit comments to the Office of Management and Budget (OMB).
Normal clearance process will prevent the collection of statutorily required information: According to 5 CFR Part 1320.13{a)(2)(iii), an agency may seek emergency clearance if use of
the normal clearance procedures is reasonably likely to prevent or disrupt the collection of
information or is reasonably likely to cause a statutory or court ordered deadline to be missed.
Without emergency OMB clearance, the Plan Preprint will not be available on the online submission site until approximately late June or early July-giving States inadequate or no time to complete the lengthy document prior to the July 2 submission deadline. We considered the possibility of delaying the July 2 deadline, but this would leave insufficient time for OCC to review and approve the Plan submissions prior to the start of the fiscal year on October 1. The CCDBG Act and CCDF Rule require States to submit a Plan to demonstrate compliance with Federal requirements in order to receive funding. The Rule allows for a 90 day review and approval process by OCC which is necessary to appropriately determine compliance. States have some flexibility in how the requirements are met and this adds to the complexity of the review. The Plan review and approval is particularly important this cycle since States will be for the first time demonstrating compliance with the CCDF Final Rule that was published September 30, 2016 based on the 2014 reauthorization of the CCDBG Act. In addition, as described above, the Plan will be the mechanism for ensuring that States are meeting specific milestones in order to request additional time to implement the criminal background check provisions. This process cannot be delayed since by law States otherwise must meet the background check provisions effective September 30, 2018. Congressional staff and the HHS Office of Inspector General have shown specific interest in the criminal background checks as a major requirement to protect children from harmful or deadly situations in child care.
For the reasons described above, OCC will be unable to comply with the regular Paperwork Reduction Act clearance process that calls for two Federal Register notices and comment periods. We are therefore requesting permission to announce a single 30 day comment period for the Plan Preprint and an expedited review of the Plan by aMB. The following proposed schedule will give ace sufficient time to revise the Plan Preprint, publish the revised draft in the Federal Register for comments and disseminate the Plan to States in May. States are required to hold a statewide Public Hearing and share the contents of the Plan to allow the public an opportunity to provide input on the State's planned child care services. The Public Hearing
must be held prior to the State submitting their Plan to ace on July 2, 2018. OCC's proposed schedule:
November Publish draft in Federal Register for 30 day comment period. Comments will be sent to ace to allow for timely preparation of final
draft for submission to OMB (below)
January Submit final draft and supporting statement for OMB clearance. We are asking for an expedited review by OMB to ensure dissemination of the final version by May (below)
February Receive aMB approval
February-May Complete IT processes
May Publish and disseminate final version
July 2,2018 States/Territories submit Plans to OCC for review and approval by required deadline
We are requesting a response from OMB by October 27, 2017 regarding our request for emergency clearance.This would give us time to give advance notice to States about this year's timeline and to complete the draft and prepare for the 30 day FRN review. If OMB grants the expedited clearance, OCC will also start the normal PRA approval process prior to the end of the six month extension.
US Code:
42 USC 9858
Name of Law: Child Care and Development Block Grant Act of 1990
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Form 1 CCDF Plan for States/Territories 2019-2021
SUPSTAT_HHS format for CCDF FY 2019-2021 Preprint - OMB # 0970-0114b5-23-18.doc
CCDF Plan for States/Territories 2019-2021