Management Bulletin 11-02

Early Learning and Care Division

Subject: Sharing Information Between Child Care and Development Contractors, and Tribal Child Care and Development Fund Contractors

Number: 11-02

Date: March 2011

Expires: Until Rescinded

Authority: California Code of Regulations, Title 5, Chapter 19, Section 18117(a) and the Child Care Development Block Grant Act of 1990, Section 6580(c)(5) and 45 Code of Federal Regulations 98.80(d)

Attention: Executive Officers and Program Directors of all Child Care and Development Programs

Purpose

The purpose of this Management Bulletin (MB) is to request that child care and development contractors funded by the Early Education and Support Division (EESD) work with Native American Tribes in California that receive Child Care and Development Funds (CCDF) to coordinate the exchange of information necessary to prevent duplicate subsidized child care services.

Background

As described in MB 11-33 at http://www.cde.ca.gov/sp/cd/ci/mb1133.asp, Native American children have dual eligibility. This means that Native American children are eligible for both State and tribal programs provided they meet the eligibility criteria for each program. Under federal regulations, children of Indian Tribes may not receive duplicative services (i.e., they may not receive services funded by State and Tribal programs for the same hours and days of care).

Regulatory Authority

The California Code of Regulations (CCR), Title 5, Chapter 19, Section 18117(a) states, “The use or disclosure of all information pertaining to the child and his/her family shall be restricted to the purposes directly connected with the administration of the program.” Federal regulations require States to coordinate, to the maximum extent feasible, with any Indian Tribes that receive CCDF funds and with programs that benefit Indian children, for the effective administration of their programs (45 Code of Federal Regulations [CFR] 98.12[c] and 98.14[a]). Tribes are similarly required to coordinate with States and Lead Agencies in States (45 CFR 98.81[b][3] and 98.82).

Policy

The exchange of information between child care and development contractors funded by the EESD and Tribal CCDF programs is necessary for the effective administration of both programs. The California Department of Education, Early Education and Support Division is requesting all child care and development contractors funded by the EESD to share necessary confidential information with Tribal CCDF programs to verify eligibility for child development services and to ensure that families currently receiving subsidized child care services from one source do not receive duplicate services from another source.

The EESD strongly encourages child care and development contractors funded by the EESD to develop a strong, coordinated, and collaborative working relationship with locally administered Tribal CCDF programs. Both entities share a responsibility to maintain program integrity in their child care programs and can only accomplish this through close coordination and communication efforts. These efforts will increase the ability of both programs to provide access and services to eligible needy families, and will prevent fraudulent and duplicative use of child care services.

Questions regarding this MB should be addressed to your assigned Child Development Consultant at http://www.cde.ca.gov/sp/cd/ci/assignments.asp or by phone at 916-322-6233.

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This Management Bulletin is mandatory only to the extent that it cites a specific statutory and/or regulatory requirement. Any portion of this Management Bulletin that is not supported by a specific statutory and/or regulatory requirement is not prescriptive pursuant to California Education Code Section 33308.5.