§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.