As used in this chapter:
(1) The term "child" means an individual between the ages of birth and 15 years.
(2) The term "child development center" means a child development facility for more than 5 children which provides a full day (more than 4 but less than 24 hours per day), part day (up to 4 hours per day) or before and after school child development program, including such programs provided during school vacations.
(3) The term "child development home" means a private residence which provides a child development program for up to a total of 6 children with no more than 2 children younger than 2 years of age in the group. The total of 6 children shall not include those of the caregiver who are 6 years or older; provided, that the total number of children of the caregiver between the ages of 6 and 15 years shall not exceed 3, and of those 3 children, no more than 2 shall be age 10 years or younger. A child development home shall also include care given to a child by a caregiver related to the child. For the purpose of this paragraph, the term "related" means any of the following relationships by marriage, blood, or adoption: Grandparent, parent, brother, sister, step-sister, step-brother, uncle, or aunt.
(3A) The term "children of families who are at-risk" means children living in low-income working families with limited community and family resources or services available to them, such that they are at-risk of becoming dependent upon assistance from the TANF program.
(4) The term "Department" means the Executive Office of the Mayor or the Mayor's designee.
(5) The term "in-home care" means a child care program provided in a child's home by an in-home caregiver pursuant to § 4-411.
(5A) The term "TANF" means the Temporary Assistance for Needy Families as defined in § 4-201.01.
(6) The term "termination of employment" means loss of employment by a parent resulting from a reduction in force, or in the case of private employment, a layoff or reduction in personnel due to budgetary constraints of the employer.
(Sept. 19, 1979, D.C. Law 3-16, § 2, 26 DCR 20; Sept. 29, 1982, D.C. Law 4-163, § 2(a), 29 DCR 3974; Apr. 13, 1999, D.C. Law 12-216, § 2(a), 46 DCR 281; Aug. 16, 2008, D.C. Law 17-219, § 4006, 55 DCR 7598; Sept. 14, 2011, D.C. Law 19-21, § 4022, 58 DCR 6226.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 3-301.
1973 Ed., § 3-301.
Effect of Amendments
D.C. Law 17-219 rewrote par. (4), which had read as follows:
"(4) The term 'Department' means the District of Columbia Department of Human Services."
D.C. Law 19-21 rewrote par. (3), which formerly read:
"(3) The term 'child development home' means a private residence which provides a child development program for up to a total of 5 children with no more than 2 children younger than 2 years of age in the group. The total of 5 children shall not include those of the caregiver who are 6 years or older: Except, that the total number of children of the caregiver between the ages of 6 and 15 shall not exceed 3, and of those 3 children, no more than 2 shall be age 10 or younger. A child development home shall also include care given to a child by a caregiver related to the child. For the purpose of this paragraph, 'related' means any of the following relationships by marriage, blood, or adoption: Grandparent, brother, sister, step-sister, step-brother, uncle, and aunt."
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2(a) of Day Care Policy Temporary Amendment Act of 1998 (D.C. Law 12-72, March 20, 1998, law notification 45 DCR 2107).
Emergency Act Amendments
For temporary amendment of section, see § 2(a) of the Day Care Policy Emergency Amendment Act of 1997 (D.C. Act 12-207, December 15, 1997, 44 DCR 353).
Section 3 of D.C. Act 12-207 provided that the Mayor shall issue rules to implement the provision of the act.
For temporary amendment of section, see § 2(a) of the Day Care Policy Emergency Amendment Act of 1998 (D.C. Act 12-509, November 10, 1998, 45 DCR 8146), and § 2(a) of the Day Care Policy Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-12, February 8, 1999, 46 DCR 2330).
For temporary provision relating to issuance of rules by the Mayor, see § 3 of the Day Care Policy Emergency Amendment Act of 1998 (D.C. Act 12-509, November 10, 1998, 45 DCR 8146), and § 3 of the Day Care Policy Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-12, February 8, 1999, 46 DCR 2330).
For temporary (90 day) amendment of section, see § 4022 of Fiscal Year 2012 Budget Support Emergency Act of 2011 (D.C. Act 19-93, June 29, 2011, 58 DCR 5599).
Legislative History of Laws
Law 3-16, the "Day Care Policy Act of 1979," was introduced in Council and assigned Bill No. 3-7, which was referred to the Committee on Human Resources. The Bill was adopted on first and second readings on May 22, 1979, and June 5, 1979, respectively. Signed by the Mayor on June 29, 1979, it was assigned Act No. 3-57 and transmitted to both Houses of Congress for its review.
Law 4-163, the "Day Care Policy Act of 1979 Amendment Act of 1982," was introduced in Council and assigned Bill No. 4-457, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on July 6, 1982, and July 20, 1982, respectively. Signed by the Mayor on July 29, 1982, it was assigned Act No. 4-237 and transmitted to both Houses of Congress for its review.
Law 12-216, the "Day Care Policy Amendment Act of 1998," was introduced in Council and assigned Bill No. 12-328, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on October 6, 1998, and November 10, 1998, respectively. Signed by the Mayor on December 9, 1998, it was assigned Act No. 12-531 and transmitted to both Houses of Congress for its review. D.C. Law 12-216 became effective on April 13, 1999.
For Law 17-219, see notes following § 4-126.
For history of Law 19-21, see notes under § 4-204.07.
Transfer of Functions
The Department of Human Resources was replaced by the Department of Human Services by Reorganization Plan No. 2 of 1979, dated February 21, 1980.
Delegation of Authority
Appointment as Lead Agency and Delegation of Mayor's Authority to Administer the Day Care Policy Act of 1979 to the Office of the State Superintendent of Education, see Mayor's Order 2009-3, January 15, 2009 (56 DCR 2017).
Miscellaneous Notes
Short title: Section 4005 of D.C. Law 17-219 provided that subtitle C of title IV of the act may be cited as the "Childcare Funding Support Amendment Act of 2008".
Short title: Section 4021 of D.C. Law 19-21 provided that subtitle C of title IV of the act may be cited as "Day Care Policy Amendment Act of 2011".
The Department is hereby authorized to provide a broad program of day care services for children of parents referred or approved by the Department for various training and work incentive programs, for children of other parents known to the Department where day care appears to be in the child's best interest, and for children of low-income families, otherwise unknown to the Department, where the parents are employed outside of the home. As a part of its broad program of day care services, the Department shall develop a funding system for all child development facilities serving such children consistent with the provisions of this chapter that will encourage such facilities to:
(1) Provide a setting and a comprehensive program for the critically important early childhood development experience that will include, but not necessarily be limited to, educational, social, recreational, transportation, health, and nutritional services;
(2) Provide services directed to the total well-being of the child and the stabilization of the family unit;
(3) Provide a program which incorporates a broad-based parent and community participation component;
(4) Provide a resource to enable parents to join or remain in the work force, participate in job training and to attain self-sufficiency and independence for their families; and
(5) Provide a program which protects children of working parents from neglect or inadequate care.
(Sept. 19, 1979, D.C. Law 3-16, § 3, 26 DCR 20.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 3-302.
1973 Ed., § 3-302.
Temporary Addition of Section
Section 2 of D.C. Law 18-46 added a section to read as follows:
"Sec. 2. (a) The Mayor shall withdraw any request for offers, and not issue any future request for offers, for the use of any District-owned or District-operated property for any child development program or child care program until the Mayor submits to the Council for a 30-day period of review, prior to any action, the following:
"(1) A comprehensive analysis of any proposed child day care services;
"(2) A detailed report on efforts being made to find employment with potential awardees, or any other entity, for separated Department of Parks and Recreation day care employees;
"(3) An examination of whether the District's laws on privatization (section 105b of the District of Columbia Procurement Practices Act of 1985, effective March 19, 1994 (D.C. Law 10-79; D.C. Official Code § 2-301.05b)) have been followed; and
"(4) A detailed report on the future of special needs/developmental programs and care in the Department of Parks and Recreation and the District.
"(b) All day care services and child development programs that are proposed to be removed from the Department of Parks and Recreation during the fiscal year 2010, shall remain open until September 30, 2009."
Section 4(b) of D.C. Law 18-46 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary (90 day) addition, see § 2602 of Fiscal Year 2004 Budget Support Emergency Act of 2003 (D.C. Act 15-105, June 20, 2003, 50 DCR 5613).
For temporary (90 day) addition, see § 2602 of Fiscal Year 2004 Budget Support Congressional Review Emergency Act of 2003 (D.C. Act 15-149, September 22, 2003, 50 DCR 8360).
For temporary (90 day) addition, see § 2 of Day Care Facility Emergency Act of 2009 (D.C. Act 18-97, May 27, 2009, 56 DCR ).
For temporary (90 day) addition, see § 2 of Day Care Facility Congressional Review Emergency Act of 2009 (D.C. Act 18-152, July 30, 2009, 56 DCR 6340).
Legislative History of Laws
For legislative history of D.C. Law 3-16, see Historical and Statutory Notes following § 4-401.
(a) In Fiscal Year 2004, the Department may transfer no more than $6 million to the D.C. Public Schools for the purpose of funding an after-school day care program pursuant to a memorandum of understanding. The memorandum of understanding shall include the following program requirements:
(1) Participation in the program shall be based on TANF eligibility;
(2) Verification of family income shall be required before a child may be enrolled in the program;
(3) Priority shall be given to children of families actively participating in TANF;
(4) Additional slots shall be allocated on the sliding scale set forth in § 4-405(b); and
(5) Records documenting the costs of the program shall be maintained and provided to the Department on an annual basis, including:
(A) Verifiable data establishing the number of children enrolled by the program;
(B) Documentation that each enrolled child met the eligibility requirements for the program; and
(C) Reports documenting, for each month of operation, the funds expended in relation to service delivery.
(Sept. 19, 1979, D.C. Law 3-16, § 3a, as added Nov. 13, 2003, D.C. Law 15-39, § 2702, 50 DCR 5668.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 15-39, see notes following § 4-204.11.
Miscellaneous Notes
Short title of title XXVII of Law 15-39: Section 2701 of D.C. Law 15-39 provided that title XXVII of the act may be cited as the Day Care in Schools Eligibility Requirement Amendment Act of 2003.
(Sept. 19, 1979, D.C. Law 3-16, § 4, 26 DCR 20; Mar. 16, 1989, D.C. Law 7-215, § 2, 36 DCR 517; June 22, 1990, D.C. Law 8-144, § 3(a), 37 DCR 2974; Mar. 6, 1991, D.C. Law 8-202, § 3(a), 37 DCR 7937; Apr. 13, 1999, D.C. Law 12-216, § 2(b), 46 DCR 281.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 3-303.
Temporary Amendments of Section
For temporary (225 day) repeal of section, see § 2(b) of Day Care Policy Temporary Amendment Act of 1998 (D.C. Law 12-72, March 20, 1998, law notification 45 DCR 2107).
For temporary (225 day) amendment of section, see § 5 of Self-Sufficiency Promotion Temporary Amendment Act of 1998 (D.C. Law 12-230, April 20, 1999, law notification 46 DCR 4143).
Emergency Act Amendments
For temporary amendment of section, see § 5 of the Self-Sufficiency Promotion Emergency Amendment Act of 1998 (D.C. Act 12-372, June 9, 1998, 45 DCR 4270), § 5 of the Self-Sufficiency Promotion Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-425, July 31, 1998, 45 DCR 5682), § 5 of the Self-Sufficiency Promotion Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-552, December 24, 1998, 46 DCR 521), and § 5 of the Self-Sufficiency Promotion Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-19, February 17, 1999, 46 DCR 2492).
For temporary repeal of section, see § 2(b) of the Day Care Policy Emergency Amendment Act of 1998 (D.C. Act 12-509, November 10, 1998, 45 DCR 8146), and § 2(b) of the Day Care Policy Congressional Review Emergency Amendment Act of 1999 (D.C. 13-12, February 8, 1999, 46 DCR 2330).
Legislative History of Laws
For legislative history of D.C. Law 12-216, see Historical and Statutory Notes following § 4-401.
For legislative history of D.C. Law 12-241, see Historical and Statutory Notes following § 4-201.01.
Editor's Notes
D.C. Law 12-241 purported to substitute "TANF or POWER" for "AFDC" throughout the section; however, the repeal by D.C. Law 12-216, § 2(b) has been given effect herein.
(Sept. 19, 1979, D.C. Law 3-16, § 5, 26 DCR 20; Sept. 29, 1982, D.C. Law 4-163, § 2(b), 29 DCR 3974; June 22, 1990, D.C. Law 8-144, § 3(b), 37 DCR 2974; Mar. 6, 1991, D.C. Law 8-202, § 3(b), 37 DCR 7937; Apr. 13, 1999, D.C. Law 12-216, § 2(c), 46 DCR 281.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 3-304.
Temporary Amendments of Section
For temporary (225 day) repeal of section, see § 2(c) of Day Care Policy Temporary Amendment Act of 1998 (D.C. Law 12-72, March 20, 1998, law notification 45 DCR 2107).
For temporary (225 day) amendment of section, see § 5 of Self-Sufficiency Promotion Temporary Amendment Act of 1998 (D.C. Law 12-230, April 20, 1999, law notification 46 DCR 4143).
Emergency Act Amendments
For temporary repeal of section, see § 2(c) of the Day Care Policy Emergency Amendment Act of 1998 (D.C. Act 12-509, November 10, 1998, 45 DCR 8146), and § 2(c) of the Day Care Policy Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-12, February 8, 1999, 46 DCR 2330).
For temporary amendment of section, see § 5 of the Self-Sufficiency Promotion Emergency Amendment Act of 1998 (D.C. Act 12-372, June 9, 1998, 45 DCR 4270), § 5 of the Self-Sufficiency Promotion Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-425, July 31, 1998, 45 DCR 5682), § 5 of the Self-Sufficiency Promotion Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-552, December 24, 1998, 46 DCR 521), and § 5 of the Self-Sufficiency Promotion Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-19, February 17, 1999, 46 DCR 2492).
Legislative History of Laws
For legislative history of D.C. Law 12-216, see Historical and Statutory Notes following § 4-401.
For legislative history of D.C. Law 12-230, see Historical and Statutory Notes following § 4-201.01.
Editor's Notes
D.C. Law 12-241 purported to substitute "TANF or POWER" for "AFDC" in (6); however, the repeal by D.C. Law 12-216, § 2(c) has been given effect herein.
(a) The Mayor is hereby authorized to supplement the cost of child care services with District funds when appropriated and available for the following:
(1) Children of families who are receiving assistance under the TANF program and whose families are attempting through work activities to transition off the TANF program;
(2) Children of families who are at-risk of becoming dependent on the TANF program;
(3) Children of families who are low-income but working, as defined by the TANF program;
(4) Children receiving protective care services; and
(5) Children in foster care placement when the foster care provider is working, if only one foster care provider is in the home, when both foster care providers are working, if 2 foster care providers are in the home, and child care services are in the best interest of the child.
(b) Any child care funds available under title IV-E of the Social Security Act, approved June 17, 1980 (94 Stat. 501; 42 U.S.C. § 670 et seq.), shall be the first source for reimbursement to the District for the cost of child care for children in foster care.
(c) The supplemental payment authorized by this section shall be paid, in accordance with a daily rate and sliding fee scale, directly to the child development center, child development home, relative, or in-home care giver actually providing services.
(Sept. 19, 1979, D.C. Law 3-16, § 5a, as added Apr. 13, 1999, D.C. Law 12-216, § 2(d), 46 DCR 281.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 3-304.1.
Temporary Addition of Section
For temporary (225 day) addition of section, see § 2(d) of Day Care Policy Temporary Amendment Act of 1998 (D.C. Law 12-72, March 20, 1998, law notification 45 DCR 2107).
Emergency Act Amendments
For temporary addition of section, see § 2(d) of the Day Care Policy Emergency Amendment Act of 1998 (D.C. Act 12-509, November 10, 1998, 45 DCR 8146), and § 2(d) of the Day Care Policy Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-12, February 8, 1999, 46 DCR 2330).
For temporary issuance of rules by the Mayor, see § 3 of the Day Care Policy Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-12, February 8, 1999, 46 DCR 2330).
Legislative History of Laws
For legislative history of D.C. Law 12-216, see Historical and Statutory Notes following § 4-401.
Miscellaneous Notes
Mayor authorized to issue rules: Section 3 of D.C. Law 12-216 authorized the Mayor to issue rules to implement the provisions of this section, pursuant to Title 1 of the District of Columbia Administrative Procedures Act, D.C. Code § 2-501 et seq.
(a) Parents who receive day care services pursuant to § 4-404 shall pay a portion of services according to the sliding scale set forth in subsection (b) of this section.
(b)
Parent Fee
(Percent of Child Care
Increment Adjusted Income Paid by Parent)
1 Under $8,020 Flat Fee of $2 per week
2 $8,020 -- $9,012 5%
3 $9,013 -- $10,005 10%
4 $10,006 -- $10,998 15%
5 $10,999 -- $11,991 20%
6 $11,992 -- $12,984 25%
7 $12,985 -- $13,977 30%
8 $13,978 -- $14,970 35%
9 $14,971 -- $15,963 40%
10 $15,964 -- $16,956 45%
11 $16,957 -- $17,949 50%
12 $17,950 -- $18,942 55%
13 $18,943 -- $19,935 60%
14 $19,936 -- $20,928 65%
15 $20,929 -- $21,921 70%
16 Over $21,921 100%
(c) The fee schedule shall be effective April 1, 1990. The Mayor may revise the fee schedule by rule.
(Sept. 19, 1979, D.C. Law 3-16, § 6, 26 DCR 20; Mar. 5, 1981, D.C. Law 3-166, § 2, 27 DCR 5355; Sept. 29, 1982, D.C. Law 4-163, § 2(c), 29 DCR 3974; June 22, 1990, D.C. Law 8-144, § 3(c), 37 DCR 2974; Mar. 6, 1991, D.C. Law 8-202, § 3(c), 37 DCR 7937; Feb. 5, 1994, D.C. Law 10-68, § 11, 40 DCR 6311.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 3-305.
1973 Ed., § 3-305.
Legislative History of Laws
For legislative history of D.C. Law 3-16, see Historical and Statutory Notes following § 4-401.
Law 3-166, the "Day Care Policy Act Amendment Act of 1980," was introduced in Council and assigned Bill No. 3-381, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on October 28, 1980, and November 12, 1980, respectively. Signed by the Mayor on November 25, 1980, it was assigned Act No. 3-297 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 4-163, see Historical and Statutory Notes following § 4-401.
For legislative history of D.C. Law 8-144, see Historical and Statutory Notes following § 4-403.
For legislative history of D.C. Law 8-202, see Historical and Statutory Notes following § 4-403.
Law 10-68, the "Technical Amendments Act of 1993," was introduced in Council and assigned Bill No. 10-166, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on June 29, 1993, and July 13, 1993, respectively. Signed by the Mayor on August 23, 1993, it was assigned Act No. 10-107 and transmitted to both Houses of Congress for its review. D.C. Law 10-68 became effective on February 5, 1994.
Delegation of Authority
Delegation of authority pursuant to D.C. Law 8-202, the "D.C. Family Support Act Federal Conformity Amendment Act of 1990", Effective March 6, 1991, see Mayor's Order 2000-157, October 12, 2000 (47 DCR 8683).
The Department shall be responsible for payment of day care fees to:
(1) A child development home, after admission of a particular child, for its part of the appropriate rate for up to 15 consecutive days for that child when absence is caused by illness of the child or a change in the parent's training status, provided the child is in regular attendance and the parent remains eligible or a space is being reserved;
(2) A child development home or child development center that has contracted with the Mayor to provide day care services and that has documented that services were provided (this payment shall include payment for District and federal holidays and snow days);
(3) An in-home caregiver, only for those days when the in-home caregiver is present in the home of the mother or caretaker relative and rendering services as agreed.
(Sept. 19, 1979, D.C. Law 3-16, § 7, 26 DCR 20; Mar. 15, 1985, D.C. Law 5-174, § 2(a), 32 DCR 743; Apr. 13, 1999, D.C. Law 12-216, § 2(e), 46 DCR 281.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 3-306.
1973 Ed., § 3-306.
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2(e) of Day Care Policy Temporary Amendment Act of 1998 (D.C. Law 12-72, March 20, 1998, law notification 45 DCR 2107).
Emergency Act Amendments
For temporary amendment of section, see § 2(e) of the Day Care Policy Emergency Amendment Act of 1997 (D.C. Act 12-207, December 15, 1997, 44 DCR 353), § 2(e) of the Day Care Policy Emergency Amendment Act of 1998 (D.C. Act 12-509, November 10, 1998, 45 DCR 8146), and § 2(e) of the Day Care Policy Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-12, February 8, 1999, 46 DCR 2330).
Legislative History of Laws
For legislative history of D.C. Law 3-16, see Historical and Statutory Notes following § 4-401.
Law 5-174, the "Day Care Policy Act of 1979 Amendments Act of 1984," was introduced in Council and assigned Bill No. 5-527, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on December 4, 1984, and December 18, 1984, respectively. Signed by the Mayor on January 11, 1985, it was assigned Act No. 5-239 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 12-216, see Historical and Statutory Notes following § 4-401.
An overpayment by the Department to a child development center, child development home, or to an in-home caregiver who is continuing to provide day care services shall be collectible in any amount.
(Sept. 19, 1979, D.C. Law 3-16, § 8, 26 DCR 20.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 3-307.
1973 Ed., § 3-307.
Legislative History of Laws
For legislative history of D.C. Law 3-16, see Historical and Statutory Notes following § 4-401.
The collection of an overpayment of not more than $25 may be waived for child development centers, child development homes, or in-home caregivers who are no longer providing day care services for the Department.
(Sept. 19, 1979, D.C. Law 3-16, § 9, 26 DCR 20.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 3-308.
1973 Ed., § 3-308.
Legislative History of Laws
For legislative history of D.C. Law 3-16, see Historical and Statutory Notes following § 4-401.
(a) The Department shall, on an annual basis, enter into contracts or agreements with licensed child development centers to provide day care services for children described in § 4-404.01. Payment for such services shall be on the following basis:
(1) Subject to subsections (b) through (h) of this section, payments to child development centers for care of these children shall be made on a monthly basis according to the following rates:
(A) For full care other than that provided under subparagraph (B) of this paragraph, child development centers shall receive $18 per day for each child, plus $1 per day for each child to whom the child development center provides transportation.
(B) For full care provided only during summers and vacations to children who otherwise do not receive care under this section or who otherwise receive only part-time care, child development centers shall receive $14.40 per day for each child.
(C) For part-time care, child development centers shall receive $9 per day for each child.
(2) No child development center shall be paid more than its stated rate prior to the application of its sliding fee scale for children not eligible for subsidized care.
(3) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to establish differentiated payment rates for child development centers that reflect variations in the costs of providing services to children of different age groups which shall not be below the rates established pursuant to subsections (a)(1) and (h)(2) of this section.
(b) For child development centers that reserve at least 25% of their classroom capacity for children eligible for funding under this chapter, the Department shall, on or before August 1, 1979, for fiscal year 1980 and at least 90 days prior to the beginning of each subsequent fiscal year, specify the number of spaces it projects will be utilized by children eligible for funding under this chapter during the next fiscal year, and provide written notification of its projection to each such center.
(c) Payment shall be made by the Department to child development centers for all such spaces specified for reservation in accordance with subsection (b) of this section, so long as they remain available and are able to be utilized by children eligible for funding under this chapter.
(d) Reimbursement by the Department to child development centers providing services on a year-round basis shall be based upon a 260-day year.
(e) The Mayor shall report to the Council of the District of Columbia, by July 1st each year, what impact the cost of living has had on the provision of day care services in the District during the preceding 12 months, and what the monthly utilization has been during that same period in each category of day care paid for by the District.
(f) The Department shall delegate the function of determining the eligibility of children to be served by each child development center whenever:
(1) The center has requested to perform this function; and
(2) The Department has determined, based on the center's current performance of this function or otherwise, that the center has exhibited a reasonable capability to carry out such function.
(g) The Department shall retain all fees collected from parents of eligible children pursuant to subsection (a) of this section as specified by the fee scale set forth in § 4-405.
(h) The rates established pursuant to subsection (a) of this section may be adjusted by the Mayor through promulgation of a rule in accordance with the rulemaking provisions of subchapter I of Chapter 5 of Title 2.
(Sept. 19, 1979, D.C. Law 3-16, § 10, 26 DCR 20; Mar. 15, 1985, D.C. Law 5-174, § 2(b), 32 DCR 743; Dec. 16, 1987, D.C. Law 7-57, § 2(a), 34 DCR 7081; July 29, 1988, D.C. Law 7-136, § 2(a), 35 DCR 4259; Aug. 17, 1991, D.C. Law 9-28, § 2(a), 38 DCR 4211; Apr. 7, 1995, D.C. Law 11-2, § 2(a), 42 DCR 1068; Sept. 26, 1995, D.C. Law 11-52, § 503(a), 42 DCR 3684; Apr. 9, 1997, D.C. Law 11-255, § 9, 44 DCR; Apr. 13, 1999, D.C. Law 12- 216, § 2(f), 46 DCR 281.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 3-309.
1973 Ed., § 3-309.
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 103(a) of Omnibus Budget Support Temporary Act of 1991 (D.C. Law 9-19, June 21, 1991, law notification 38 DCR 5786).
For temporary (225 day) amendment of section, see § 2(a) of Day Care Policy Temporary Amendment Act of 1994 (D.C. Law 10-198, March 14, 1995, law notification 42 DCR 1515).
For temporary (225 day) amendment of section, see § 3 of Public Assistance and Day Care Policy Temporary Amendment Act of 1994 (D.C. Law 10-208, March 14, 1995, law notification 42 DCR 1568).
For temporary (225 day) amendment of section, see § 503(a) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652).
For temporary (225 day) amendment of section, see § 2(f) of Day Care Policy Temporary Amendment Act of 1998 (D.C. Law 12-72, March 20, 1998, law notification 45 DCR 2107).
Emergency Act Amendments
For temporary amendment of section, see § 103(a) of the Omnibus Budget Support Emergency Act of 1991 (D.C. Act 9-37, May 17, 1991, 38 DCR 3390). Section 301 of D.C. Act 9-37 provided that Section 103 shall apply as of October 1, 1990 and until the effective date of the Omnibus Budget Support Emergency Act of 1991 and beginning on the effective date of the Omnibus Budget Support Emergency Act of 1991 the rates for licensed child development centers, child development homes, and in-home caregivers in effect pursuant to the Day Care Policy Act shall revert to the rates in effect on September 1, 1990.
For temporary amendment of section, see § 103(a) of the Omnibus Budget Support Congressional Recess Emergency Act of 1991 (D.C. Act 9-69, July 24, 1991, 38 DCR 4945).
For temporary amendment of section, see § 2 (a) of the Day Care Policy Emergency Amendment Act of 1994 (D.C. Act 10-319, August 4, 1994, 41 DCR 5367), § 2 (a) of the Day Care Policy Congressional Adjournment Emergency Amendment Act of 1994 (D.C. Act 10-330, October 21, 1994, 41 DCR 7162), and § 2 (a) of the Day Care Policy Congressional Adjournment Emergency Amendment Act of 1995 (D.C. Act 11-2, January 18, 1995, 42 DCR 539).
For temporary amendment of section, see § 3(a) of the Public Assistance and Day Care Policy Emergency Amendment Act of 1994 (D.C. Act 10-326, October 21, 1994, 41 DCR 7153).
For temporary amendment of section, see § 503(a) of the Multiyear Budget Spending Reduction and Support Emergency Act of 1994 (D.C. Act 10-389, December 29, 1994, 42 DCR 197).
For temporary amendment of section, see § 401 of the Omnibus Budget Support Emergency Act of 1995 (D.C. Act 11-44, April 28, 1995, 42 DCR 2217) and § 503(a) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160).
For temporary amendment of section, see § 2(f) of the Day Care Policy Emergency Amendment Act of 1997 (D.C. Act 12-207, December 15, 1997, 45 DCR 353), § 2(f) of the Day Care Policy Emergency Amendment Act of 1998 (D.C. Act 12-509, November 10, 1998, 45 DCR 8146), and § 2(f) of the Day Care Policy Congressional Emergency Amendment Act of 1999 (D.C. Act 13-12, 46 DCR 2330).
Legislative History of Laws
For legislative history of D.C. Law 3-16, see Historical and Statutory Notes following § 4-401.
For legislative history of D.C. Law 5-174, see Historical and Statutory Notes following § 4-406.
Law 7-57, the "Day Care Policy Act of 1979 Amendment Temporary Act of 1987," was introduced in Council and assigned Bill No. 7-305. The Bill was adopted on first and second readings on September 29, 1987 and October 13, 1987, respectively. Signed by the Mayor on October 26, 1987, it was assigned Act No. 7-90 and transmitted to both Houses of Congress for its review.
Law 7-136, the "Day Care Policy Act of 1979 Amendment Act of 1988," was introduced in Council and assigned Bill No. 7-291, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on May 3, 1988 and May 17, 1988, respectively. Signed by the Mayor on June 1, 1988, it was assigned Act No. 7-186 and transmitted to both Houses of Congress for its review.
Law 9-28, the "Day Care Policy Budget Conformity Amendment Act of 1991," was introduced in Council and assigned Bill No. 9-161, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on June 4, 1991, and June 18, 1991, respectively. Signed by the Mayor on July 2, 1991, it was assigned Act No. 9-55 and transmitted to both Houses of Congress for its review.
Law 11-2, the "Day Care Policy Amendment Act of 1995," was introduced in Council and assigned Bill No. 11-37, which was retained by Council. The Bill was adopted on first and second readings on January 17, 1995, and February 7, 1995, respectively. Signed by the Mayor on February 17, 1995, it was assigned Act No. 11-9 and transmitted to both Houses of Congress for its review. D.C. Law 11-2 became effective on April 7, 1995.
Law 11-52, the "Omnibus Budget Support Act of 1995," was introduced in Council and assigned Bill No. 11-218, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on April 19, 1995, and June 6, 1995, respectively. Signed by the Mayor on July 13, 1995, it was assigned Act No. 11-94 and transmitted to both Houses of Congress for its review. D.C. Law 11-52 became effective on September 26, 1995.
Law 11-255, the "Second Technical Amendments Act of 1996," was introduced in Council and assigned Bill No. 11-905, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 7, 1996, and December 3, 1996, respectively. Signed by the Mayor on December 24, 1996, it was assigned Act No. 11-519 and transmitted to both Houses of Congress for its review. D.C. Law 11-255 became effective on April 9, 1997.
For legislative history of D.C. Law 12-216, see Historical and Statutory Notes following § 4-401.
(a) Payments to child development homes and to in-home caregivers shall be made according to the following rates:
(1) For full care:
(A) Child development homes shall receive $12 per day for each child.
(B) In-home caregivers shall receive $7.25 per day for each child for care during the day and $8.25 per night for each child for night care.
(2) For part-time care:
(A) Child development homes shall receive $6 per day for each child for before and after school care.
(B) In-home caregivers shall receive $5.75 per day for each child for before and after school care and $4 per night for each child for night care of less than 6 hours.
(a-1) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to establish differentiated payment rates for child development homes and in-home caregivers that reflect variations in the cost of providing services to children of different age groups which shall not be below the rates established pursuant to subsections (a) and (b)(2) of this section.
(b) The rates established pursuant to subsection (a) of this section may be adjusted by the Mayor through promulgation of a rule in accordance with the rulemaking provisions of subchapter I of Chapter 5 of Title 2.
(Sept. 19, 1979, D.C. Law 3-16, § 11, 26 DCR 20; Aug. 2, 1983, D.C. Law 5-23, § 2, 30 DCR 3339; Dec. 16, 1987, D.C. Law 7-57, § 2(b), 34 DCR 7081; July 29, 1988, D.C. Law 7-136, § 2(b), 35 DCR 4259; Aug. 17, 1991, D.C. Law 9-28, § 2(b), 38 DCR 4211; Apr. 7, 1995, D.C. Law 11-2, § 2(b), 42 DCR 1068; Sept. 26, 1996, D.C. Law 11-52, § 503(b), 42 DCR 3684.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 3-310.
1973 Ed., § 3-310.
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 103(b) of Omnibus Budget Support Temporary Act of 1991 (D.C. Law 9-19, June 21, 1991, law notification 38 DCR 5786).
For temporary (225 day) amendment of section, see § 2(b) of Day Care Policy Temporary Amendment Act of 1994 (D.C. Law 10-198, March 14, 1995, law notification 42 DCR 1515).
For temporary (225 day) amendment of section, see § 3(b) of Public Assistance and Day Care Policy Temporary Amendment Act of 1994 (D.C. Law 10-208, March 14, 1995, law notification 42 DCR 1568).
For temporary (225 day) amendment of section, see § 503(b) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652).
Emergency Act Amendments
For temporary amendment of section, see § 103(b) of the Omnibus Budget Support Emergency Act of 1991 (D.C. Act 9-37, May 17, 1991, 38 DCR 3390).
Section 301 of D.C. Act 9-37 provided that Section 103 shall apply as of October 1, 1990 and until the effective date of the Omnibus Budget Support Emergency Act of 1991 and beginning on the effective date of the Omnibus Budget Support Emergency Act of 1991 the rates for licensed child development centers, child development homes, and in-home caregivers in effect pursuant to the Day Care Policy Act shall revert to the rates in effect on September 1, 1990.
For temporary amendment of section, see § 103(b) of the Omnibus Budget Support Congressional Recess Emergency Act of 1991 (D.C. Act 9-69, July 24, 1991, 38 DCR 4945).
For temporary amendment of section, see § 2(b) of the Day Care Policy Emergency Amendment Act of 1994 (D.C. Act 10-319, August 4, 1994, 41 DCR 5367), § 2(b) of the Day Care Policy Congressional Adjournment Emergency Amendment Act of 1994 (D.C. Act 10-330, October 21, 1994, 41 DCR 7162), and § 2(b) of the Day Care Policy Congressional Adjournment Emergency Amendment Act of 1995 (D.C. Act 11- 2, January 18, 1995, 42 DCR 539).
For temporary amendment of section, see § 3(b) of the Public Assistance and Day Care Policy Emergency Amendment Act of 1994 (D.C. Act 10-326, October 21, 1994, 41 DCR 7153).
For temporary amendment of section, see § 503(b) of the Multiyear Budget Spending Reduction and Support Emergency Act of 1994 (D.C. Act 10-389, December 29, 1994, 42 DCR 197).
For temporary amendment of section, see § 503(b) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160).
Legislative History of Laws
For legislative history of D.C. Law 3-16, see Historical and Statutory Notes following § 4-401.
Law 5-23, the "Day Care Policy Act of 1979 Amendment Act of 1983," was introduced in Council and assigned Bill No. 5-163, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on May 10, 1983, and May 24, 1983, respectively. Signed by the Mayor on June 9, 1983, it was assigned Act No. 5-40 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 7-57, see Historical and Statutory Notes following § 4-409.
For legislative history of D.C. Law 7-136, see Historical and Statutory Notes following § 4-409.
For legislative history of D.C. Law 9-28, see Historical and Statutory Notes following § 4-409.
For legislative history of D.C. Law 11-2, see Historical and Statutory Notes following § 4-409.
For legislative history of D.C. Law 11-52, see Historical and Statutory Notes following § 4-409.
Guidelines and standards for in-home care shall be as follows:
(1) In-home care within the child's own home, by an in-home caregiver, shall be used only when other day care plans are not feasible and in-home care offers greater benefits to the mother or other responsible relative and the child;
(2) In-home care may be provided, as appropriate and available, for children of eligible persons in training and during their subsequent employment, and for TANF or POWER children living with caretaker relatives (not parents) when day or night care is required due to employment of the caretaker relative;
(3) In-home care shall be arranged by mutual agreement between the child's own mother or caretaker relative, the in-home caregiver, and the Department;
(4) Selection of the in-home caregiver shall be made by the parent, subject to final approval by the Department;
(5) The Department shall make direct payments to the in-home caregiver for services rendered;
(6) The in-home caregiver shall be of an age between 21 and 70 years;
(7) The in-home caregiver shall furnish the Department with the same medical certification of good health as that required for licensed caregivers pursuant to § 403 (j) of Regulation No. 74-34 (Child Development Facilities Regulation). Further, the in-home caregiver shall furnish the Department with medical certification of good health for any child of her own whom she brings to the home of the mother or caretaker relative;
(8) Duties of the in-home caregiver shall be limited to supervision of the child or children in her care, preparation and serving of appropriate meals or snacks, and washing of dishes and utensils used in the preparation of food;
(9) The in-home caregiver shall have no more than 2 preschool children of her own;
(10) The in-home caregiver shall not care for children other than her own and the child or children of the TANF or Power mother or caretaker relative;
(11) If the in-home caregiver brings her own children to the home of the TANF or POWER mother or caretaker relative, an agreement shall be reached between them as to the amount of food she brings for their needs; and
(12) The in-home caregiver shall have prior experience in child care, either with her own children or siblings.
(Sept. 19, 1979, D.C. Law 3-16, § 12, 26 DCR 20; Apr. 20, 1999, D.C. Law 12-241, § 5, 46 DCR 905.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 3-311.
1973 Ed., § 3-311.
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 5 of Self-Sufficiency Promotion Temporary Amendment Act of 1998 (D.C. Law 12-230, April 20, 1999, law notification 46 DCR 4143).
Emergency Act Amendments
For temporary amendment of section, see § 5 of the Self-Sufficiency Promotion Emergency Amendment Act of 1998 (D.C. Act 12-372, June 9, 1998, 45 DCR 4270), § 5 of the Self-Sufficiency Promotion Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-425, July 31, 1998, 45 DCR 5682), § 5 of the Self-Sufficiency Promotion Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-552, December 24, 1998, 46 DCR 521), and § 5 of the Self-Sufficiency Promotion Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-19, February 17, 1999, 46 DCR 2492).
Legislative History of Laws
For legislative history of D.C. Law 3-16, see Historical and Statutory Notes following § 4-401.
For legislative history of D.C. Law 12-241, see Historical and Statutory Notes following § 4-403.
(a) Any child development center or child development home that contracts or agrees with the Department to provide day care shall comply with all applicable provisions of Regulation No. 74-34 (Child Development Facilities Regulation).
(b) Licenses issued to child development facilities or child development homes under this section or any other provision of law shall be issued as a Public Health: Child Health and Welfare endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of Chapter 28 of Title 47.
(Sept. 19, 1979, D.C. Law 3-16, § 13, 26 DCR 20; Apr. 20, 1999, D.C. Law 12-261, § 2003(f), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(e), 50 DCR 6913.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 3-312.
1973 Ed., § 3-312.
Effect of Amendments
D.C. Law 15-38, in subsec. (b), substituted "Public Health: Child Health and Welfare endorsement to a basic business license under the basic" for "Class A Public Health: Child Health and Welfare endorsement to a master business license under the master".
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 3(e) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896).
Legislative History of Laws
For legislative history of D.C. Law 3-16, see Historical and Statutory Notes following § 4-401.
Law 12-261, the "Second Omnibus Regulatory Reform Amendment Act of 1998,"was introduced in Council and assigned Bill No. 12-845, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on December 1, 1998, and December 15, 1998, respectively. Signed by the Mayor on December 31, 1998, it was assigned Act No. 12-615 and transmitted to both Houses of Congress for its review. D.C. Law 12-261 became effective on April 20, 1999.
Law 15-38, the "Streamlining Regulation Act of 2003", was introduced in Council and assigned Bill No. 15-19, which was referred to Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on June 3, 2003, and July 8, 2003, respectively. Signed by the Mayor on August 11, 2003, it was assigned Act No. 15-146 and transmitted to both Houses of Congress for its review. D.C. Law 15-38 became effective on October 28, 2003.
(a) The Department shall be responsible for monitoring the provision of day care services to assure that adequate services are provided to the children and that contractual and other agreements are met.
(b) The Department shall develop and publish procedures that will assure that any licensed child development center or home in the District of Columbia can apply to provide day care services to eligible children.
(c) Child development facilities contracting or agreeing with the Department to provide day care, which are included in the programs for federal reimbursement, shall comply with all applicable federal regulations and requirements.
(d) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this chapter.
(Sept. 19, 1979, D.C. Law 3-16, § 14, 26 DCR 20; Mar. 2, 2007, D.C. Law 16-192, § 5182, 53 DCR 6899.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 3-313.
1973 Ed., § 3-313.
Effect of Amendments
D.C. Law 16-192 added subsec. (d).
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2 of Day Care Grant-Making and Rulemaking Temporary Amendment Act of 2006 (D.C. Law 16-156, September 19, 2006, law notification 53 DCR 7928).
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2 of Day Care Grant-Making and Rulemaking Emergency Amendment Act of 2006 (D.C. Act 16-380, May 19, 2006, 53 DCR 4405).
For temporary (90 day) amendment of section, see § 5182 of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068).
For temporary (90 day) amendment of section, see § 5182 of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845).
For temporary (90 day) amendment of section, see § 5182 of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165).
Legislative History of Laws
For legislative history of D.C. Law 3-16, see Historical and Statutory Notes following § 4-401.
Law 16-192, the "Fiscal Year Budget Support Act of 2006", was introduced in Council and assigned Bill No. 16-679, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 9, 2006, and June 6, 2006, respectively. Signed by the Mayor on August 8, 2006, it was assigned Act No. 16-476 and transmitted to both Houses of Congress for its review. D.C. Law 16-192 became effective on March 2, 2007.
Miscellaneous Notes
Short title: Section 5181 of D.C. Law 16-192 provided that subtitle L of title V of the act may be cited as the "Day Care Improvement Amendment Act of 2006".
The Department is hereby authorized to make grants to private agencies that work with child development homes and to licensed child development centers for the purpose of developing or operating satellite child development home programs.
(Sept. 19, 1979, D.C. Law 3-16, § 15, 26 DCR 20; Mar. 15, 1985, D.C. Law 5-174, § 2(c), 32 DCR 743.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 3-314.
1973 Ed., § 3-314.
Legislative History of Laws
For legislative history of D.C. Law 3-16, see Historical and Statutory Notes following § 4-401.
For legislative history of D.C. Law 5-174, see Historical and Statutory Notes following § 4-406.
