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42 U.S.C. § 9858q — Miscellaneous provisions

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42 U.S.C. § 9858q — Miscellaneous provisions

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Page 7939 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9859 the moral and legal rights and responsibilities of parents or legal guardians. (b) Parental rights to use child care certificates Nothing in this subchapter shall be construed in a manner— (1) to favor or promote the use of grants and contracts for the receipt of child care services under this subchapter over the use of child care certificates; or (2) to disfavor or discourage the use of such certificates for the purchase of child care serv- ices, including those services provided by pri- vate or nonprofit entities, such as faith-based providers. (Pub. L. 97–35, title VI, § 658Q, as added Pub. L. 101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–249; amended Pub. L. 102–401, § 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102–586, § 8(c)(1), Nov. 4, 1992, 106 Stat. 5036; Pub. L. 113–186, § 11, Nov. 19, 2014, 128 Stat. 2001.) Editorial Notes AMENDMENTS 2014—Subsec. (a). Pub. L. 113–186 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 1992—Pub. L. 102–401 and Pub. L. 102–586 made iden- tical technical corrections to directory language of Pub. L. 101–508, § 5082(2), which added this section. § 9858p. Severability If any provision of this subchapter or the ap- plication thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions of applications of this sub- chapter which can be given effect without re- gard to the invalid provision or application, and to this end the provisions of this subchapter shall be severable. (Pub. L. 97–35, title VI, § 658R, as added Pub. L. 101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–249; amended Pub. L. 102–401, § 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102–586, § 8(c)(1), Nov. 4, 1992, 106 Stat. 5036.) Editorial Notes AMENDMENTS 1992—Pub. L. 102–401 and Pub. L. 102–586 made iden- tical technical corrections to directory language of Pub. L. 101–508, § 5082(2), which added this section. § 9858q. Miscellaneous provisions Notwithstanding any other law, the value of any child care provided or arranged (or any amount received as payment for such care or re- imbursement for costs incurred for such care) under this subchapter shall not be treated as in- come for purposes of any other Federal or Feder- ally-assisted program that bases eligibility, or the amount of benefits, on need. (Pub. L. 97–35, title VI, § 658S, as added Pub. L. 102–586, § 8(b), Nov. 4, 1992, 106 Stat. 5035; amend- ed Pub. L. 103–171, § 8, Dec. 2, 1993, 107 Stat. 1994.) Editorial Notes AMENDMENTS 1993—Pub. L. 103–171 made technical correction to di- rectory language of Pub. L. 102–586, § 8(b), which added this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Nov. 4, 1992, but not applicable with respect to fiscal years beginning before Oct. 1, 1992, see section 8(d) of Pub. L. 102–586, set out as an Effective Date of 1992 Amendment note under section 9858h of this title. § 9858r. Studies on waiting lists (a) Study The Comptroller General of the United States shall conduct studies to determine, for each State, the number of families that— (1) are eligible to receive assistance under the Child Care and Development Block Grant Act of 1990 [42 U.S.C. 9857 et seq.]; (2) have applied for the assistance, identified by the type of assistance requested; and (3) have been placed on a waiting list for the assistance. (b) Report The Comptroller General shall prepare a re- port containing the results of each study and shall submit the report to the Committee on Health, Education, Labor and Pensions of the Senate, and the Committee on Education and the Workforce of the House of Representatives— (1) not later than 2 years after November 19, 2014; and (2) every 2 years thereafter. (c) Definition In this section, the term ‘‘State’’ has the meaning given the term in section 658P of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n). (Pub. L. 113–186, § 12, Nov. 19, 2014, 128 Stat. 2001.) Editorial Notes REFERENCES IN TEXT The Child Care and Development Block Grant Act of 1990, referred to in subsec. (a)(1), is subchapter C (§ 658A et seq.) of chapter 8 of subtitle A of title VI of Pub. L. 97–35, as added by Pub. L. 101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–236, which is classified generally to this subchapter. For complete classification of this Act to the Code, see section 9857(a) of this title and Ta- bles. CODIFICATION Section was enacted as part of the Child Care and De- velopment Block Grant Act of 2014, and not as part of the Child Care and Development Block Grant Act of 1990, which comprises this subchapter. SUBCHAPTER II–C—CHILD CARE SAFETY AND HEALTH GRANTS Editorial Notes CODIFICATION This subchapter was enacted as part of title XIV of div. A of the Children’s Health Act of 2000, and not as part of chapter 8 of subtitle A of title VI of Pub. L. 97–35 which comprises this chapter. § 9859. Definitions In this subchapter: (1) Child with a disability; infant or toddler with a disability The terms ‘‘child with a disability’’ and ‘‘in- fant or toddler with a disability’’ have the

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 9857 — Short title and purposes

**(a) Short title** This subchapter may be cited as the “Child Care and Development Block Grant Act of 1990”. **(b) Purposes** The purposes of this subchapter are— (1) to allow each State maximum flexibility in developing child care programs and policies that best suit the needs of children and parents within that State; (2) to promote parental choice to empower working parents to make their own decisions regarding the child care services that best suit their family’s needs; (3) to encourage States to provide consumer education information to help parents make informed choices about child care services and to promote involvement by parents and family members in the development of their children in child care settings; (4) to assist States in delivering high-quality, coordinated early childhood care and education services to maximize parents’ options and support parents trying to achieve independence from public assistance; (5) to assist States in improving the overall quality of child care services and programs by implementing the health, safety, licensing, training, and oversight standards established in this subchapter and in State law (including State regulations); (6) to improve child care and development of participating children; and (7) to increase the number and percentage of low-income children in high-quality child care settings.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 9857 — Short title and purposes

Page 7908 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9852c and in such manner as the Secretary may re- quire, that contains a description of the ac- tivities the center carried out with funds re- ceived under this section, including a descrip- tion of how such funds improved services for children and families. (f) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2008 through 2012 to make bonus grants to centers of excellence under subsection (b) to carry out activities described in subsection (d) and research and report activities described in subsection (e). (Pub. L. 97–35, title VI, § 657B, as added Pub. L. 110–134, § 26, Dec. 12, 2007, 121 Stat. 1444; amended Pub. L. 114–95, title IX, § 9215(nn)(6), Dec. 10, 2015, 129 Stat. 2177.) Editorial Notes REFERENCES IN TEXT The Elementary and Secondary Education Act of 1965, referred to in subsec. (c)(1)(B)(vi)(III), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27. Title I of the Act is clas- sified generally to subchapter I (§ 6301 et seq.) of chap- ter 70 of Title 20, Education. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 6301 of Title 20 and Tables. The Individuals with Disabilities Education Act, re- ferred to in subsec. (c)(1)(B)(vi)(IV), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175. Part C of the Act is classified generally to subchapter III (§ 1431 et seq.) of chapter 33 of Title 20, Education. Section 619 of the Act is classified to section 1419 of Title 20. For complete classification of this Act to the Code, see section 1400 of Title 20 and Tables. AMENDMENTS 2015—Subsec. (c)(1)(B)(vi)(III) to (VII). Pub. L. 114–95 redesignated subcls. (IV) to (VII)

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 9857

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 9858n — Definitions

As used in this subchapter: (1) **Caregiver** — The term “caregiver” means an individual who provides a service directly to an eligible child on a person-to-person basis. (2) **Child care certificate** — The term “child care certificate” means a certificate (that may be a check or other disbursement) that is issued by a State or local government under this subchapter directly to a parent who may use such certificate only as payment for child care services or as a deposit for child care services if such a deposit is required of other children being cared for by the provider. Nothing in this subchapter shall preclude the use of such certificates for sectarian child care services if freely chosen by the parent. For purposes of this subchapter, child care certificates shall not be considered to be grants or contracts. (3) **Child with a disability** — The term “child with a disability” means— (A) a child with a disability, as defined in section 602 of the Individuals with Disabilities Education Act ([20 U.S.C. 1401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1401&num=0&edition=prelim)); (B) a child who is eligible for early intervention services under part C of the Individuals with Disabilities Education Act ([20 U.S.C. 1431](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1431&num=0&edition=prelim) et seq.); (C) a child who is less than 13 years of age and who is eligible for services under [section 794 of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section794&num=0&edition=prelim); and (D) a child with a disability, as defined by the State involved. (4) **Eligible child** — The term “eligible child” means an individual— (A) who is less than 13 years of age;

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9858n

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 9858n — Definitions

Page 7937 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9858n bility and Work Opportunity Reconciliation Act of 1996, Pub. L. 104–193, see section 5603 of Pub. L. 105–33, set out as a note under section 618 of this title. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–193 effective Oct. 1, 1996, see section 615 of Pub. L. 104–193, set out as a note under section 9858 of this title. § 9858n. Definitions As used in this subchapter: (1) Caregiver The term ‘‘caregiver’’ means an individual who provides a service directly to an eligible child on a person-to-person basis. (2) Child care certificate The term ‘‘child care certificate’’ means a certificate (that may be a check or other dis- bursement) that is issued by a State or local government under this subchapter directly to a parent who may use such certificate only as payment for child care services or as a deposit for child care services if such a deposit is re- quired of other children being cared for by the provider. Nothing in this subchapter shall pre- clude the use of such certificates for sectarian child care services if freely chosen by the par- ent. For purposes of this subchapter, child care certificates shall not be considered to be grants or contracts. (3) Child with a disability The term ‘‘child with a disability’’ means— (A) a child with a disability, as defined in section 602 of the Individuals with Disabil- ities Education Act (20 U.S.C. 1401); (B) a child who is eligible for early inter- vention services under part C of the Individ- uals with Disabilities Education Act (20 U.S.C. 1431 et seq.); (C) a child who is less than 13 years of age and who is eligible for services under section 794 of title 29; and (D) a child with a disability, as defined by the State involv

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 9858n

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 9858q — Miscellaneous provisions

Notwithstanding any other law, the value of any child care provided or arranged (or any amount received as payment for such care or reimbursement for costs incurred for such care) under this subchapter shall not be treated as income for purposes of any other Federal or Federally-assisted program that bases eligibility, or the amount of benefits, on need.

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