§407.28. Federal Funds for the Child Care and Development Fund Programs; state
Department of Education's authority to receive; complaints
A. Upon transfer of lead agency authority from the state Department of Children and
Family Services to the state Department of Education for the Child Care and Development
Fund, the state Department of Education may accept and direct the disbursement of funds
appropriated by any act of Congress and apportioned to the state for use in connection with
any Child Care and Development Fund programs. The state Department of Education shall
deposit all such funds received from the federal government with the state treasurer who
shall, subject to legislative appropriation, make disbursements upon the recommendation of
the state Department of Education. Prior to the transfer of lead agency authority, the state
Department of Children and Family Services shall seek input and approval from the state
Department of Education in the development of the Child Care and Development Fund State
Plan or any amendments to such plan prior to its submittal to the United States Department
of Health and Human Services.
B. The State Board of Elementary and Secondary Education shall promulgate rules
and regulations to implement the Child Care and Development Fund State Plan. The state
Department of Education shall develop and implement the state plan in accordance with such
rules and regulations.
C. Prior to the transfer of lead agency authority from the state Department of
Children and Family Services to the state Department of Education, the departments shall
enter into a cooperative endeavor agreement to ensure a coordinated and seamless transition
that does not interrupt the provision of state services nor unduly impact the operation or
function of either agency. The transition shall occur in such a manner that is cost neutral to
the state. The cooperative endeavor agreement entered into by the agencies to facilitate the
transfer of the grant and services shall ensure the transfer of funds from the state Department
of Education to the state Department of Children and Family Services in an amount sufficient
to fully fund the indirect costs of the state Department of Children and Family Services
which were previously funded by the Child Care and Development Fund, until such time as
another funding source is identified by the state Department of Children and Family Services
to pay for those indirect costs. This agreement between the state Department of Education
and the state Department of Children and Family Services may also allow services to be
purchased by the state Department of Education including but not limited to fulfilling grant
requirements, data reporting, and services to clients.
D. Lead agency authority shall transfer no later than July 1, 2015. The date shall be
established in the cooperative endeavor agreement. The cooperative endeavor agreement
shall be submitted to the Joint Legislative Committee on the Budget for review.
E. The identity of a person making a complaint about fraud in the Child Care
Assistance Program shall be confidential and shall not be subject to the Public Records Law.
Acts 2014, No. 868, §2, eff. Oct. 1, 2014; Acts 2019, No. 244, §1.