House Bill 813

AN ACT TO PRESCRIBE CERTAIN REQUIREMENTS FOR THE DEPARTMENT OF HUMAN SERVICES IN THE OPERATION OF THE CHILD CARE AND DEVELOPMENT FUND/TEMPORARY ASSISTANCE TO NEEDY FAMILIES PROGRAM; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) The Department of Human Services is Mississippi’s lead agency in the federal Child Care and Development Fund (CCDF) program. CCDF is comprised of the following funding streams: discretionary, mandatory, federal matching, and state matching. In addition, as allowed by federal regulation, Mississippi currently transfers twenty percent (20%) of the Temporary Assistance to Needy Families (TANF) grant into CCDF. The CCDF/TANF program helps eligible working parents pay for early care and education services for their children.

(2) In the operation of the CCDF/TANF program, the Department of Human Services shall comply with the following requirements:

(a) The department shall maintain real time records and post on a publicly-accessible web site for each county the following information: the number of children eligible for CCDF/TANF certificates; the number of children receiving CCDF/TANF certificates; the average amount of money spent per child with CCDF/TANF certificate funds; the then-current number of children on the waiting list for CCDF/TANF certificates; the average length of time a CCDF/TANF application took to be approved over the preceding six (6) months; the average length of time a child was served in the CCDF/TANF child care program; the number of children terminated from the CCDF/TANF certificate program over the preceding six (6) months; and the reason(s) for termination from the CCDF/TANF certificate program.

(b) The department shall require CCDF/TANF certificate subcontractors (currently known as "Designated Agents") to adhere to the Office for Children and Youth (OCY) Policy Manual, and shall establish sanctions for violations of the OCY Policy Manual by these subcontractors.

(c) The department shall establish an expedited and administratively streamlined appeal procedure in the CCDF/TANF certificate program for parents and providers.

(d) The department shall stagger CCDF/TANF certificate termination/reissuance dates to the date of issuance.

(e) The department shall utilize a formula for distribution of CCDF/TANF certificate funds to Mississippi counties based upon the number of eligible children residing in each county.

(f) The department shall adhere to the Mississippi Administrative Procedures Law when making rule changes in the OCY Child Care Policy Manual.

(g) The department shall manage CCDF/TANF certificate funds at the state level to avoid identifying the funding year or federal grant source in CCDF/TANF certificate subcontracts, and shall use the "first in, first out" grant management principle to avoid loss of federal CCDF/TANF funds.

(h) The department shall establish performance level standards and levels of funds utilization for subcontractors in the CCDF/TANF certificate program to ensure equitable program costs across the state and maximize services to children.

(i) The department shall include the following requirements in CCDF/TANF certificate subcontracts: measurable outcome-based contract measures, clear statements of expectations, evaluation criteria, documentation, and the explicit descriptions of reporting requirements.

(j) The department shall manage CCDF funds at the state level to meet all obligation and liquidation deadlines and all CCDF set asides and earmarks.

(k) The department shall make copies of the OCY Policy Manual available to the public.

(l) The Office for Children and Youth and the Budgets and Accounting Divisions of the department shall receive training from the National Child Care Information Center (available to the department at no cost) in the areas of:

(i) Financial management of CCDF;

(ii) Maximum use of TANF for early care and education;

(iii) Promoting partnerships between private early care and education providers and Head Start programs; and

(iv) Making the transition seamless for families moving from TANF to CCDF.

(m) The Office for Children and Youth shall use CCDF and TANF funds to provide grants for child care services to early care and education providers that are serving families of whom at least seventy-five percent (75%) qualify for CCDF/TANF early care and education certificates.

(n) The Office for Children and Youth shall use CCDF and TANF funds to provide grants for extended day and summer services to child care centers extended day and summer care that are providing these services for Head Start children.

(o) The department shall transfer no less than twenty percent (20%) of the TANF grant into CCDF each year.

(p) The department shall meet the required maintenance of effort and state matching amounts required to draw down all available federal CCDF funds each year.

(q) The department shall ensure that an application for a CCDF/TANF certificate will be issued or denied within four (4) weeks of the date the application is submitted.

(r) The department shall not require any parent to apply for child support or establish paternity in order to qualify for a CCDF/TANF certificate to obtain early care and education for a child from birth to twelve (12) years of age.

(s) The department shall allow full-time students to qualify for CCDF/TANF certificates without also having to meet a work requirement.

(t) The department shall allow parents to apply for CCDF/TANF certificates by phone, in person, or by mail; and child care providers shall be allowed to assist parents in the application process.

(u) The department shall determine eligibility for CCDF/TANF certificates no more frequently than every twelve (12) months, during which time any change in income or employment must be reported by the parent(s).

(v) The department shall require no more than two (2) documents in the CCDF/TANF certificate program to verify eligibility by employment and income.

(w) In the CCDF/TANF certificate program, reimbursable holidays shall be determined by the early care and education provider in consultation with parents receiving CCDF/TANF certificates, so that child care schedules match parents’ employment schedules.

SECTION 2. This act shall take effect and be in force from and after its passage.