Collapse to view only § 2923. Child development center standards and inspections
- § 2921. Definitions
- § 2922. Child development services
- § 2923. Child development center standards and inspections
- § 2924. Child development center employees
- § 2925. Parent partnerships with child development centers
- § 2926. Family child care providers
- § 2927. Child care subsidy program
§ 2921. DefinitionsIn this subchapter, the following definitions apply:
(1)Child abuse and neglect.—The term “child abuse and neglect” has the meaning given that term in section 3 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 note).
(2)Child development center employee.—The term “child development center employee” means a civilian employee of the Coast Guard who is employed to work in a Coast Guard child development center without regard to whether the employee is paid from appropriated or nonappropriated funds.
(3)Coast guard child development center.—The term “Coast Guard child development center” means a facility on Coast Guard property or on property under the jurisdiction of the commander of a Coast Guard unit at which child care services are provided for members of the Coast Guard.
(4)Competitive service position.—The term “competitive service position” means a position in the competitive service (as defined in section 2102 of title 5).
(5)Family home daycare.—The term “family home daycare” means home-based child care services provided for a member of the Coast Guard by an individual who—
(A) is certified by the Commandant as qualified to provide home-based child care services; and
(B) provides home-based child care services on a regular basis in exchange for monetary compensation.
(Added Pub. L. 113–281, title II, § 214(a), Dec. 18, 2014, 128 Stat. 3031, § 551; renumbered § 2921, Pub. L. 115–282, title I, § 117(b), Dec. 4, 2018, 132 Stat. 4230.)
§ 2922. Child development services
(a)
(1) The Commandant may make child development services available, in such priority as the Commandant considers to be appropriate and consistent with readiness and resources and in the best interests of dependents of members and civilian employees of the Coast Guard, for—
(A) members and civilian employees of the Coast Guard;
(B) surviving dependents of service members who have died on active duty, if such dependents were beneficiaries of a Coast Guard child development service at the time of the death of such members;
(C) members of the armed forces (as defined in section 101(a) of title 10); and
(D) Federal civilian employees.
(2) Child development service benefits provided under the authority of this section shall be in addition to benefits provided under other laws.
(b)
(1) The Commandant is authorized to use appropriated funds available to the Coast Guard to provide child development services.
(2)
(A) The Commandant is authorized to establish, by regulations, fees to be charged parents for the attendance of children at Coast Guard child development centers.
(B) Fees to be charged, pursuant to subparagraph (A), shall be based on family income and whether a family is participating in an initiative established under section 2925(b), except that the Commandant may, on a case-by-base basis, establish fees at lower rates if such rates would not be competitive with rates at local child development centers.
(C) The Commandant is authorized to collect and expend fees, established pursuant to this subparagraph, and such fees shall, without further appropriation, remain available until expended for the purpose of providing services, including the compensation of employees and the purchase of consumable and disposable items, at Coast Guard child development centers.
(D) In the case of an active duty member with two or more children attending a Coast Guard child development center, the Commandant may modify the fees to be charged for attendance for the second and any subsequent child of such member by an amount that is 15 percent less than the amount of the fee otherwise chargeable for the attendance of the first such child enrolled at the center, or another fee as the Commandant determines appropriate, consistent with multiple children.
(3) The Commandant is authorized to use appropriated funds available to the Coast Guard to provide assistance to family home daycare providers so that family home daycare services can be provided to uniformed service members and civilian employees of the Coast Guard at a cost comparable to the cost of services provided by Coast Guard child development centers.
(4) To the maximum extent practicable, the Commandant shall ensure that, in a location in which Coast Guard family child care centers (as such term is defined in section 8239 of the Elijah E. Cummings Coast Guard Authorization Act of 2020) are necessary to meet the demand for child care for qualified families (as such term is defined in such section), not fewer than two housing units are maintained in accordance with safety inspection standards so as to accommodate family child care providers.
(c) The Secretary shall promulgate regulations to implement this section. The regulations shall establish fees to be charged for child development services provided under this section which take into consideration total family income.
(Added Pub. L. 104–324, title II, § 201(a), Oct. 19, 1996, 110 Stat. 3906, § 515; amended Pub. L. 111–281, title II, § 222, Oct. 15, 2010, 124 Stat. 2920; renumbered § 552 and amended Pub. L. 113–281, title II, § 214(b)(1)(B), Dec. 18, 2014, 128 Stat. 3033; renumbered § 2922 and amended Pub. L. 115–282, title I, §§ 117(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4230, 4240; Pub. L. 116–283, div. G, title LVXXXII [LXXXII], § 8235, Jan. 1, 2021, 134 Stat. 4664; Pub. L. 117–263, div. K, title CXIV, §§ 11401(a), 11402, Dec. 23, 2022, 136 Stat. 4106, 4109.)
§ 2923. Child development center standards and inspections
(a)Standards.—The Commandant shall require each Coast Guard child development center to meet standards of operation—
(1) that the Commandant considers appropriate to ensure the health, safety, and welfare of the children and employees at the center; and
(2) necessary for accreditation by an appropriate national early childhood programs accrediting entity.
(b)Inspections.—
(1)In general.—Not less than twice annually, the Commandant shall ensure that each Coast Guard child development center is subject to an unannounced inspection.
(2)Responsibility for inspections.—Of the biannual inspections under paragraph (1)—
(A) 1 shall be carried out by a representative of the Coast Guard installation served by the Coast Guard child development center concerned; and
(B) 1 shall be carried out by a representative of the Coast Guard child development services work-life programs.
(c)National Reporting.—
(1)In general.—The Commandant shall maintain and publicize a means by which an individual can report, with respect to a Coast Guard child development center or a family home daycare—
(A) any suspected violation of—
(i) standards established under subsection (a); or
(ii) any other applicable law or standard;
(B) suspected child abuse or neglect; or
(C) any other deficiency.
(2)Anonymous reporting.—The Commandant shall ensure that an individual making a report pursuant to paragraph (1) may do so anonymously if so desired by the individual.
(3)Procedures.—The Commandant shall establish procedures for investigating reports made pursuant to paragraph (1).
(Added Pub. L. 113–281, title II, § 214(a), Dec. 18, 2014, 128 Stat. 3031, § 553; renumbered § 2923, Pub. L. 115–282, title I, § 117(b), Dec. 4, 2018, 132 Stat. 4230; amended Pub. L. 116–283, div. G, title LVXXXII [LXXXII], § 8237(a), Jan. 1, 2021, 134 Stat. 4664; Pub. L. 117–263, div. K, title CXIV, § 11401(b), Dec. 23, 2022, 136 Stat. 4106.)
§ 2924. Child development center employees
(a)Training.—
(1)In general.—The Commandant shall establish a training program for Coast Guard child development center employees and satisfactory completion of the training program shall be a condition of employment for each employee of a Coast Guard child development center.
(2)Timing for new hires.—The Commandant shall require each employee of a Coast Guard child development center to complete the training program established under paragraph (1) not later than 6 months after the date on which the employee is hired.
(3)Minimum requirements.—The training program established under paragraph (1) shall include, at a minimum, instruction with respect to—
(A) early childhood development;
(B) activities and disciplinary techniques appropriate to children of different ages;
(C) child abuse and neglect prevention and detection; and
(D) cardiopulmonary resuscitation and other emergency medical procedures.
(4)Use of department of defense programs.—The Commandant may use Department of Defense training programs, on a reimbursable or nonreimbursable basis, for purposes of this subsection.
(b)Training and Curriculum Specialists.—
(1)Specialist required.—The Commandant shall require that at least 1 employee at each Coast Guard child development center be a specialist in training and curriculum development with appropriate credentials and experience.
(2)Duties.—The duties of the specialist described in paragraph (1) shall include—
(A) special teaching activities;
(B) daily oversight and instruction of other child care employees;
(C) daily assistance in the preparation of lesson plans;
(D) assisting with child abuse and neglect prevention and detection; and
(E) advising the director of the center on the performance of the other child care employees.
(3)Competitive service.—Each specialist described in paragraph (1) shall be an employee in a competitive service position.
(Added Pub. L. 113–281, title II, § 214(a), Dec. 18, 2014, 128 Stat. 3032, § 554; renumbered § 2924, Pub. L. 115–282, title I, § 117(b), Dec. 4, 2018, 132 Stat. 4230.)
§ 2925. Parent partnerships with child development centers
(a)Parent Boards.—
(1)Formation.—The Commandant shall require that there be formed at each Coast Guard child development center a board of parents, to be composed of parents of children attending the center.
(2)Functions.—Each board of parents formed under paragraph (1) shall—
(A) meet periodically with the staff of the center at which the board is formed and the commander of the unit served by the center, for the purpose of discussing problems and concerns; and
(B) be responsible, together with the staff of the center, for coordinating any parent participation initiative established under subsection (b).
(3)Chapter 10 of title 5.—Chapter 10 of title 5 does not apply to a board of parents formed under paragraph (1).
(b)Parent Participation Initiative.—The Commandant is authorized to establish a parent participation initiative at each Coast Guard child development center to encourage and facilitate parent participation in educational and related activities at the center.
(Added Pub. L. 113–281, title II, § 214(a), Dec. 18, 2014, 128 Stat. 3032, § 555; renumbered § 2925, Pub. L. 115–282, title I, § 117(b), Dec. 4, 2018, 132 Stat. 4230; amended Pub. L. 117–286, § 4(a)(60), Dec. 27, 2022, 136 Stat. 4312.)
§ 2926. Family child care providers
(a)In General.—Not less frequently than quarterly, the Commandant shall ensure that each family child care provider is subject to inspection.
(b)Responsibility for Inspections.—Of the quarterly inspections under subsection (a) each year—
(1) 3 inspections shall be carried out by a representative of the Coast Guard installation served by the family child care provider concerned; and
(2) 1 inspection shall be carried out by a representative of the Coast Guard child development services work-life programs.
(Added Pub. L. 116–283, div. G, title LVXXXII [LXXXII], § 8237(b)(1), Jan. 1, 2021, 134 Stat. 4665.)
§ 2927. Child care subsidy program
(a)In General.—
(1)Authority.—The Commandant may operate a child care subsidy program to provide financial assistance to eligible providers that provide child care services or youth program services to members of the Coast Guard, members of the Coast Guard with dependents who are participating in the child care subsidy program, and any other individual the Commandant considers appropriate, if—
(A) providing such financial assistance—
(i) is in the best interests of the Coast Guard; and
(ii) enables supplementation or expansion of the provision of Coast Guard child care services, while not supplanting or replacing Coast Guard child care services; and
(B) the Commandant ensures, to the extent practicable, that the eligible provider is able to comply, and does comply, with the regulations, policies, and standards applicable to Coast Guard child care services.
(2)Eligible providers.—A provider of child care services or youth program services is eligible for financial assistance under this section if the provider—
(A) is licensed to provide such services under applicable State and local law or meets all applicable State and local health and safety requirements if licensure is not required;
(B) is either—
(i) is 1
1 So in original. The word “is” probably should not appear.
a family home daycare; or(ii) is 1 a provider of family child care services that—(I) otherwise provides federally funded or federally sponsored child development services;(II) provides such services in a child development center owned and operated by a private, not-for-profit organization;(III) provides a before-school or after-school child care program in a public school facility;(IV) conducts an otherwise federally funded or federally sponsored school-age child care or youth services program; or(V) conducts a school-age child care or youth services program operated by a not-for-profit organization; or
(C) is a provider of another category of child care services or youth program services the Commandant considers appropriate for meeting the needs of members or civilian employees of the Coast Guard.
(3)Financial assistance for in-home child care.—
(A)In general.—The Commandant may provide financial assistance to members of the Coast Guard who pay for services provided by in-home child care providers.
(B)Requirements.—In carrying out such program, the Commandant shall establish a policy and procedures to—
(i) support the needs of families who request services provided by in-home childcare providers;
(ii) provide the appropriate amount of financial assistance to provide to families described in paragraph, that is at minimum consistent with the program authorized in subsection (a)(1); and
(iii) ensure the appropriate qualifications for such in-home child care provider, which shall at minimum—(I) take into consideration qualifications for available in-home child care providers in the private sector; and(II) ensure that the qualifications the Commandant determines appropriate under this paragraph are comparable to the qualifications for a provider of child care services in a Coast Guard child development center or family home day care.
(b)Direct Payment.—
(1)In general.—In carrying out a child care subsidy program under subsection (a)(1), subject to paragraph (3), the Commandant shall provide financial assistance under the program to an eligible member or individual the Commandant considers appropriate by direct payment to such eligible member or individual through monthly pay, direct deposit, or other direct form of payment.
(2)Policy.—Not later than 180 days after the date of the enactment of this section, the Commandant shall establish a policy to provide direct payment as described in paragraph (1).
(3)Eligible provider funding continuation.—With the approval of an eligible member or an individual the Commandant considers appropriate, which shall include the written consent of such member or individual, the Commandant may continue to provide financial assistance under the child care subsidy program directly to an eligible provider on behalf of such member or individual.
(4)Rule of construction.—Nothing in this subsection may be construed to affect any preexisting reimbursement arrangement between the Coast Guard and a qualified provider.
(Added Pub. L. 117–263, div. K, title CXIV, § 11401(c)(1)(A), Dec. 23, 2022, 136 Stat. 4106.)