Data and materials on proposals relating to Federal child care standards

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Data and materials on proposals relating to Federal child care standards
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At head of title: 94th Congress, 2d session. Committee print.
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prepared by the staff for the use of the Committee on Finance, United States Senate, Russell B. Long, chairman.

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Table of Contents
    Front Cover
        Page i
        Page ii
    Table of Contents
        Page iii
        Page iv
    Summary of S. 2425, S. 2466, S 2336, and S. 2686
        Page 1
        Page 2
        Page 3
    Elements for consideration in developing an alternative approach
        Page 4
    Other matters for consideration
        Page 5
        Page 6
    Statistical material and excerpts from law and regulations
        Page 7
        Page 8
        Page 9
        Page 10
        Page 11
        Page 12
        Page 13
        Page 14
        Page 15
        Page 16
        Page 17
        Page 18
        Page 19
        Page 20
Full Text
Iiu -1 -4 7
Sf f -r


94th Congress COMMITTEE PRINT



2d SessionData and Materials on Proposals



Data and Materials on Proposals


Relating


to


Federal Child Care Standards

Prepared by the Staff for the Use of the

COMMITTEE ON FINANCE

UNITED STATES SENATE


Russell B.


Long,


JANUARY 1976


Chairman


.4'-
.4. -

-j..
I-.. ci;'
~03.
C,~.


Printed for the use of the Committee on Finance

U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 1976


For sale by the Superintendent of Documents, U.S. Government Priiiting]Office
Washington, D.C. 20402 Price $1.10
Stock Number 052-070-03158-1


64-461




































COMMITTEE ON FINANCE

RUSSELL B. LONG;. Louisiana. Chairman


H.ERMA.\N E TALMADGE, Georgia
VANCE IIARTKE, Indiana
ABRAHAM RIBICOFF, Connecticut
HARRY F. BYRD, JR.. Virginia
GAYLORD NELSON, Wisconsin
WAITER F. MONDALE, Minnesota
MIKE GRAVEL, Alaska
LLOYD BENTSEN, Texas
WILLIAM D. HATHAWAY, Maine
FI.OYD K. HASKELL, Colorado


CARL T. CURTIS. Nebraaka
PAUL J. FANNIN, Arizona
CLIFFORD P. HANSEN, Wyoming
ROBERT DOLE, Kansas
BOB PACKWOOD, Oregon
WILLIAM V. ROTH, JR.. Delaware
BILL BROCK, Tennessee


MICHAEL. STERN, Staff Director
DONALD V. MOOREHEAD, Chief Minority CounseZ
(II)














CONTENTS

Pn 7e
Summary of S. 2425----------------------------------------------- 2
Summary of S. 2466 ---------------------- 2
Summary of S. 2336 ----------------------
Summary of S. 2686-------------------------------------------- 3
Elements for consideration in developing an alternative approach--------- 4
Other matters for consideration---------------------- ------------ -
Statistical material and excerpts from law and regulations--------- ----- 7
Tables:
Child care center staffing requirements under law and hTEW regula-
tion ---------------------------------------------------------- 1
Child care centers: Minimum staffing requirements, by age of children,
under State licensing regulations-------------------------------- 8
State funding allocations for social services----------------------- 12
State estimates of increase in cost and staffing for child care from
fiscal 1975 to fiscal 1976---------------------------------------- 14


(ITT)



















Digitized by the Internet Archive
in 2013













http://archive.org/details/rialsonp00unit









PROPOSALS RELATING TO FEDERAL CHILD CARE
STANDARDS
The Social Services Amendments of 1974 (Public Law 93-647)
require that specific staffing standards be met by child care providers
in order to qualify for funding under the social services program (title
XX of the Social Security Act). Because there were indications that
many child care providers would not be able to meet the new require-
ments by the effective date of October 1, 1975, the Congress enacted
Public Law 94-120 which provides that no penalties for noncom-
pliance will be imposed prior to February 1, 1976. This postponement
applies only to child care for children between the ages of 6 weeks and
6 years. During this period, however, staffing levels can be no lower
than what is required by current State law, any subsequent modifica-
tions of State law, or the staffing levels actually in effect in each child
care program as of September 15, 1975.


1.-CHILD CARE CENTER
UNDER LAW AND


Age of child


STAFFING REQUIREMENTS
HEW REGULATION


Maximum
number of
children
per staff
member


Under 6 weeks.........
6 weeks to 3 years......

3 to 4 years.............
4 to 6 years.............

6 to 9 years.............
10 to 14 years ...........


1
4

5
7

151
20J


Required by regulation.
Required by regulation.1


Required by
Required by


law.1
law.I


Maximum number allowed by
law (though Secretary of
HEW may lower the maxi-
mum number of children
per staff member, thus in-
creasing the staff required).


1 Public Law 94-120 provides that no penalty for noncompliance may be invoked
prior to Feb. 1, 1976.
The Committee has pending four bills containing proposals to deal
with the situation which will exist when the temporary postponement
under Public Law 94-120 expires at the end of January 1976. These are
S. 2425 introduced by Senator Long and Senator Mondale; S. 2466
introduced by Senator Fannin (by request of the Administration);
and S. 2336 and S. 2686, both introduced by Senator Bartlett.
(1)


TABLE






Summary of S. 2425
(Introduced hby Senator Long and Senator Mondale)
A.ih/'(,,;,,vi f,.s to n, t 2 /,/f,2/rd,.--S. 21. wvoulld make available
an additional 5OO million to the States to lielp nmeet the cost of
c plWi. vil/ vit] tile nltv 'ild clid are standards. This $500 million would
lie dist ( i lut edt1 at o ':1(n thile States on the basis of population as is the $2.5
billion no1,W available for social services. (For fiscal 1976, the amount
would be limited to $2.50 million.) The new money would be available
to meet the higher cost of providing child care for the low-income
Ihildren Served l% y th e social services program, and the Federal match-
ilg rate for thle additional funds would be increased from 75% to 80%.
Sin1e child care centers which serve both welfare children and pri-
vately placed children will have to meet the new standards for their
entire clientele, tlhe bill also allows the States to use part of the addi-
tional funds to help these providers meet the new requirements without
unduly raising their charges to private customers if they meet this
additional staffing requirement by hiring welfare recipients. It ac-
,complishes this by authorizing the States to underwrite up to 80% of
the cost of hiring welfare recipients for whom the child care providers
receive a 20% tax credit. The 20% tax credit would, in effect, serve as
non-Federal funds which could be matched out of the State's share of
the added $500 million in Federal funds. This could cover the full
wage costs for the former welfare recipients hired, except that. the
credit would apply only against the first $5,000 of annual wages. This
)provision would be available only in child care facilities in which at
least )0%c of the children have their care paid for under the State's
-cial services program.
T'." crcdf for public Internal Revenue Code now provides a 20% tax credit for businesses
hiring welfare recipients. Public and non-profit child care providers,
however, cannot benefit from this provision since, they have no tax
liability to apply the credit. ag.ainst. The bill would allow for such pro-
viders a payment equivalent to the tax credit. The amount of the pay-
ment. like the amount of the credit, could not exceed $1,000 per em-
ployee (20% of the first $5,000 of annual wages). The bill makes the
new provisions av-ailable through 1980 for persons employed in child
,;',1e c,''uupations: tlhe provisions apply to welfare recipients hired
a after September .30, 1975.
Cao.qf.-The staff estimates that in fiscal year 1977, the net Federal
ront of the bill would be approximately $0.4 billion taking into account
the additional social service; funding, the revenue effect of the tax
credit provisions, and the ofTsettinir reductions in the Federal share
of welfare pnvments as a result of increased employment of welfare
rripieonts.
Summary of S. 2466
(Introduced by Senator Fannin by request)
T .' 7 ;7 ?*n ,on fdhrr;f/ of -7o*7d rare .er';-req.-Existino law pro-
hibits Federal hfundinz under title XX of any child care which does not
meot thlie staffing requirements .hown in Table 1 above or which does
not meet the other standard,; otherr than thoa. concerning educational
contentt ) of tlie Federal Intera.Lgrency Day Care Requirements of 196R.





S. 2466 would provide that Federal funding with respect to specific
child care services would be prohibited only if those services are not
licensed by the State or do not meet safety and sanitation requirements
imposed by the State.
Withholding of title XX funds for non-compliance.-As a condition
of receiving title XX services funding, State social services plans are
required to provide for a State authority or authorities to establish
and maintain standards for child care services. Failure to meet this
requirement is cause for terminating all Federal funding to the State
under title XX although the law allows the Secretary to reduce the
penalty for an appropriate period to 3 percent of the State's social
services funding. S. 2466 would modify this provision to require that
the State standard setting authority must adopt the staffing standards
shown in Table 1 above and the other standards of the Federal
Interagency Day Care Requirements of 1968 (except that educational
content would be recommended rather than mandatory). S. 2466
also requires the Secretary of Health, Education, and Welfare to
suspend even the 3 percent penalty for non-compliance if he finds
that the State is making a good faith effort to come into compliance.
The reduction of the penalty to 3 percent or the suspension of the
3 percent penalty would not apply to failure to meet licensing, safety,
or sanitation requirements.
Summary of S. 2336
(Introduced by Senator Bartlett)
Revised staffing standards.-In place of the child care staffing stand-
ards now prescribed under Title XX as shown in Table 1 above, S.
2336 would establish the following requirements:
Maximum
number of
children
for each staff
member
Age of children:
Under 10 m months ... ........ ....... .. 4
10 months to 2 years ............ ..... 6
2 to 3 years. .. ...... .. ... 8
3 to 4 years ..... .. ......... .. 12
4 to 6 years ........ ....... 15
6 years or over........... ....... 20
S. 2336 would also delete the authority in existing law for the
Secretary of Health, Education, and Welfare to promulgate revised
staffing standards after 1976.
Summary of S. 2686
(Introduced by Senator Bartlett)
Delay in imposition of penalties.-In the case of children aged 6
weeks to 6 years, Public Law 94-120 provides that there will be no
denial of Federal funds because of failure to meet title XX child
care standards provided that there is no reduction in existing stand-
ards and that State law requirements are met. S. 2686 would continue
this moratorium on the imposition of penalties for non-compliance
through September 30,1977.






Elements for Consideration in Developing an Alternative
Approach
The committee may wish to consider alternative approaches. What-
ever approach is adopted, it may be desirable to continue the existing
temporary suspension of penalties beyond tlie present February 1 ex-
piratio1n date to June 30, 1976.
1. Additional fu2.d/inf.-States could be provided additional
Federal funds as in S. 2425, but. in a reduced amount. For ex-
ample, additional social services funding of $250 million per year
for child care could be provided, with $.200 million allocated on a
strict. population basis and the additional $50 million allocated
first to States determined by HEW to have special funding prob-
lems associated with meeting the title XX child care standards.
If the committee wishes to relate additional funding more
cl().-ely to the employment of welfare recipients, a requirement
could le included that at least one-half of the additional funds
iiued by a State be u-ed for the employment of welfare recipients
in child care centers.
2. Welfare rcclp)cit tax redit.-The welfare recipient tax
credit provisions of S. 2425 could be adopted. Under these pro-
visionls tlie av:tilability of the '20 percu'it tax credit (up to $1,000
p)er year per employee) is extended for child care facilities
through 1980. The tax credit is made refundable for public and
non-profit child care providers who would otherwise not benefit
from the credit since they have no tax liability. States would also
be permitted to use social services funds to match the tax credit in
such a way as to meet the full cost of employment of welfare
recipients in child care facilities (up to a maximum of $5,000 per
y ear). Consideration could also be given to making the tax credit
refundable for private as well as non-profit and public providers.
Testimony at the October 8 hearing indicated that many private
providers would not otherwise benefit from the provision since
their tax liability is small.
3. Ph n.ed comnpliance.-The Secretary could be. directed to de-
termine ind promulgate by July 1, 1976 his findings as to what
'-tandards are generally in effect in each State at present with
respect to children aged 6 weeks to 6 years. He could then pre-
srible interim standards to be met by each State which would
bring them from their present level of compliance with the Fed-
eral standards to full compliance over a specified period of time.
Tlhe above approaches could be considered as separate alternatives
or some combination of approaches could be used. For example, if the
phased compliance approach were used in combination with the addi-
tional funding approach, the new funding could also be phased in over
a period of time.




5

Other Matters for Consideration
1. Waiver of Federal standards in certain circumstances.-In some
areas, the only child care available may be in centers s-(rving pri-
marily non-title XX children which might simply refuse to accept
title XX children rather than meeting the standards. Consideration
could be given to allowing States to purchase child care in such centers
(provided they meet applicable State standards) if:
(1) the center serves predominantly non-title XX children
(title XX children number no more than 5 or, if greater, 20
percent of the total number of children served) ; and
(2) the State agency determines that it is infeasible to provide
the child care in a facility which does meet the Federal standards.
2. Family day care homes.-Although the impact of staffing require-
ments in title XX will be greatest for child care centers, there are
indications from a number of States that family day care homes will
also be affected. Under title XX the number of children who may be
cared for by a family day ca re mother is determined by the provisions
of the 1968 Federal Interagency Day Care Requirements.
The requirements provide:
(1) Infancy through 6 years. No more than two children under
two and no more than five in total, including the family day care
mother's own children under 14 years old.
(2) Three through 14 years. No more than six children, in-
cluding the family-day-care mother's children under 14 years old.
It is the requirement that the day care mother's own children up to
age 14 must be counted in meeting the staffing requirement which
poses a problem. The children must be counted whether they are at
home or attending school. A number of States have indicated that,
although there may be no objection to including the mother's own
children under age 6 in meeting the staffing requirement, family day
care home providers have raised strong objections to counting the
older children who are normally attending school. Many mothers begin
to provide care for other children in their homes after their own chil-
dren have started school. The requirement that their school age chil-
dren must be counted means in some cases that the number of children
they may care for is unreasonably small, and this makes their work
unprofitable. On the other hand, it has been pointed out that some
limit may be desirable to take account of the presence in the home of
the mother's children during times of illness or school vacation.
The committee may wish to consider a provision which would allow
the family-day-care mother's own children aged 6 and over to be dis-
regarded in determining if the title XX standards are met. If the
committee adopts this provision, it is recommended that it be made
retroactive to October 1, 1975, the date the present law provision
would otherwise first apply.


64-451-76---2




6

3. Broadening the scope of the HEWV study.-The D)epartment of
Health, Education, and Welfare is directed by title XX to conduct a
study of the appropriateness of the child care standards required
under that title; the results of this study are due sometime in the first
6 months of 1977. Consideration could be given to a proposal which
lhas been introduced in the House (by Representative Jones of Okla-
homa) to broader this study so that it will also consider "quality of
carel, financial impact on State and local governments and the opera-
tion of day care centers, and other matters."




























Statistical Material and Excerpts
From Law and Regulations













TABLE 2.--CHILE
REQUIREMENTS
LICENSING REG


) CARE CENTERS: MINI!
SBY AGE OF CHILDREN,
ULATIONS


VmUM


UNDER


Ma,. mum


number of children per staff memberI
children is--


Under 2


Alabam a ..........
A laska . . .......
A rizona............
Arkansas ..........
California .... .... .

Colorado ...........
Connecticut ........
Delaware ........
District of
Columbia.... ..
Florid a 1: ..........

G eorgia............
H aw aii............
Idah o ..............
Illin o is ............
Indiana ...........

Iow a ...............
K ansas .............
Kentucky ..........
Louisiana :. .......
Maine '..........

M aryland .........
Massachusetts....
M ichigan ..........
M innesota.... ....
M ississippi........


3
4
6


5
4
115


1<7
-'o X
21 6
6
-4 4

4
23
6
-" 6

NS
.'10
-IX
.1114
NS4
NS


2 to 3 3 to 4 4 to 5 5 to 6


15
5
10
6
12
s7
4
128

154
12

10
10
--'8
8
5

6
-1 5
8
12
18

6
10
'10
41 7
NS


10
10
15
12
12

10
95
15

8
15

15
15
10
10
10

8
10
10
14
10

10
10
10
10
NS


20
10
20
15
12

12
'7
20

10
20

18
20
10
-10
12

12
- 10
12
16
15

10
36 10
12
10
NS


20
10
25
18
12

15
9 7
20

15
25


20
25
10
25
15
15
: 10
15
20
15

13
15
20
10
NS


(,)


STAFFING


STATE


if age of


School
ane

222
10
25
NS
12
15
1010
25


15
25


,,'25
25
NS
25
20

15
16
"- 15
25
15
NS
.115
NS
15
o X







TABLE 2.-CHILD
REQUIREMENTS,
LICENSING REGU


CARE CENTERS:


MINIMUM


BY AGE OF CHILDREN,
LATIONS-Continued


UNDE


STAFFING
R STATE


Maximum


Under 2


number of children per staff
children is-


member I


2 to 3 3 to 4 4 to 5 5 to 6


M issouri ...........
Montana...........
Nebraska..........
Nevada............
New Hampshire...

New Jersey........
New Mexico.......
New York..........
North Carolina.....
North Dakota......

O h io ...............
Oklahoma 53 .......
Oregon............
Pennsylvania......
Rhode Island......

South Carolina....
South Dakota......
Tennessee........
Texas.............
Utah ..............

Vermont...........
Virginia...........
Washington.......
West Virginia......
Wisconsin.........
Wyoming.........


Footnotes on following pages.


if age of

School
age


20 X
NS
4
-12 4
4
20 X
10
49 4
50 8
4


6
57 1
595
614
20 X

4
3
64 5
4
663
5


5
NS
5
46 4

47 NS
10
5
50 12
4


10
8
10
20 X
20 X

8
4
8
8
10

5
10
65 7
8
67 6
8


10
NS
7
41 10
10
47 NS
15
5
o 15
10

15
12
10
8
10

10
5
10
12
15

10
10
10
10
10
10


10
NS
7
1 10
15
47 NS
48 15
7
,50 20
10

15
15
10
10
15

14
7
15
15
15

10
10
10
12
12
15


15
NS
7
4i 10
18
47 NS
48 15
7
50 25
12


20
15
10
10
25

15
7
25
18
20

12
10
10
15
16
20


15
NS
12
4' 3
20
20 X
15
10
25
'12


20
20
56 10
13
NS


15
15
30
20
20


12
10
10
16
6016
25





10

FOOTNOTES
1 5 if 2 to 21''; 10 if 21' to 3.
S22 if 6 to 8; 25 if 8 and over.
s 8 if 0 to 15 mo; 10 if 15 mo to 2 yr.
SIn infant-toddler centers.
5 6 In infant-toddler centers; 12 if 21 to 3 in other centers.
0 In infant centers.
7 If 6 weeks to 8 m: in infant center; or if 12 mo to 3 yr in toddler center,
b 7 if all 2-yr-olds in toddler center; 8 if 2 : to 3 in large or small center.
Recommended FIDCR child/staff ratios.
If under title XX funding; 15, if 6 to 10 yr of age; 20 if 10 to 14 yr of age (FIDCR
ratios).
5 if 0 to 1; 8 if 1 to 2.
'-8 if 2 to 21; 15 if 21'2 to 3.
11 In Delaware, centers receiving Federal funds have the following mandated
ratios: Under 2: 5; 2 to 3; 5; 3 to 4: 5; 4 to 5: 7; 5 to 6: 7; school age: 10.
Pending issue of new infant center regulations.
S4 if 2 to 2%; 8 if 2' to 3.
16 6 if under 1 yr; 8 if 1 to 2.
17 Mandated ratio for handicapped children: Under 2: 4; 2 to 3: 6; 3 to 4: 8;
4 to 5: 10; 5 to 6: 14; school age: 14.
1 7 if 0 to 18 m:; 10 if 18 mo to 2 yr.
19 25 if 7 and over; 6 to 7 not specified.
:0 Children in this age group generally not accepted.
21 6 if 0 to 18 mo; 8 if 18 mo to 2 yr.
S8 if 2 to 2.'; 10if21V to3.
2 10 if full-day; 20 if half-day.
20 4 if 6 weeks-walking; 5 if walking-2.
:s 3 if2 weeks-nonwalking under24 moonly; 5 if walking-2 yr.
5 if walking-21 ; 7 if 21', to 3.
2 10 if full-day; 12 if part-day.
15 if 6 to 8; 20 if 8 and over.
2 6 if nonwalking; 8 if toddlers.
30 Centers serving 10 children with no more than 2 children under 2 yr of age have
mandated child/staff ratio of 10 to 1 in all age categories.
8 if 21". to 3 yr.
32 In Maine, separate before and after school programs have lOto 1 ratio in school
age category.





11

FOOTNOTES-Continued
33 Admitted only upon approval of local health officer.
34 Admitted only upon prior approval.
35 10 in care over 3 hr; 12 in care 3 hr or less.
- 36 10 in care over 3 hr; 13 in care 3 hr or less.
37 15 in care over 3 hr; 25 in care 3 hr or less.
31 15 if6to7 in care over hr; 25 if6to 7 in care 3 hrorless.
31 10 if 21,', to 3.
40 4 if 6 weeks to 16 mo; 7 if 16 mo to 2 yr.
4 7 if 2 yr to 31 mo; 10 if 31 mo to 3 yr.
424if6weeksto9mo;6if9tol 18mo; 8 if 18moto2yr.
"8 in infant-toddlercenter; 10for 1st 20children; 15 forexcess over 20.
11 10 for 1st 20 children; 15 for excess over 20.
15 3 or 10 percent over licensed capacity, whichever is greater, if before or after
school care.
4 4.8 if maximum of 24 children under 3 yr of age in care.
47 2 adults for any total group.
4S 20 if in care 3 hr or less.
49 4 if under 18 mo; 5 if over 18 mo.
50 If 30 or more in care; 10 if less than 30.
5' If 4 to 7 yr.
32 8 if 0 to 18 mo; 10 if 18 mo to 2 yr.
53 Recommended ratios.
51 4 if 0 to 10 mo in cribs; 6 if 10 mo to 2 yr.
s5 If 6 weeks to 30 mo.
56 If 6yr; 15 if over 6 yr.
57 1 if 0 to 6 mo; 3 if 6 to 18 mo; 4 if 18 mo to 2 yr.
6 15 if 6 to 10 yr; 20 if 10 to 14.
59 5 if 6 weeks to 1 yr; 6 if 1 to 2.
0 If 6 to 7.
61 4 if 0 to 18 mo; 6 if 18 mo to 2 yr.
6220 if 6 to 8; 25 if 8 or over.
320 if 6; 25 if 7 to 15.
64 5 if 1 moto 1 yr; 7 if 1 to 2.
65 7 if 2 to 2U; 10 if 2% to 3.
66"3 if 0 to 1; 4 if 1 to 3.
7 6 if 2 to 2%; 8 if 2, to 3.
Source: Department of Health, Education, and Welfare. Current as of October 21,
1975.
Note: NS indicates "not specified."




12

TABLE 3.-STATE FUNDING ALLOCATIONS FOR
SOCIAL SERVICES
[In millions]


Social services
allocation
for fiscal
year 1976


Full year addi-
tional child care
allocation under
S. 2425 1


$2.500,000 $500.000


Alabama.....
Alaska........
Arizona.......
Arkansas.....
California ....
Colorado. ....
Connecticut..
Delaware.....
District of Col
Florida .......


unl


Georgia..
Hawaii...
Idaho.....
Illinois...
Indiana...


Iow a...........
Kansas........
Kentucky......
Louisiana . .
M aine.........
Maryland......
Massachusetts
Michigan......
Minnesota.....


Mississippi ............................
S're fP)otnote at end of tjble.


42.250
4.000
24.500
24.250
245.500
29.000
36.750
6.750
9.000
91.500

57.000
10.000
9.250
133.750
63.250
34.500
27.250
39.750
44.750
12.250
48.500
69.250
107.750
46.500
27.250


8.450
.800
4.900
4.850
49.100
5.800
7.350
1.350
1.800
18.300
11.400
2.000
1.850
26.750
12.650
6.900
5.450
7.950
8.950
2.450

9.700
13.850
21.550
9.300
5.450


State


T o ta l ..........................







TABLE 3.-STATE FUNDING ALLOCATIONS FOR
SOCIAL SERViCES-Continued


[In millions]


Social services
allocation
for fiscal
year 1976


State


Full year addi-
tional child care
allc,,:tion under
S.2425 1


M issouri..... .
Montana ........
Nebraska........
Nevada ..........
New Hampshire.

New Jersey......
New Mexico.....
New York........
North Carolina..
North Dakota....

O hio .............
Oklahoma.......
Oregon .........
Pennsylvania....
Rhode Island....

South Carolina..
South Dakota....
Tennessee......
Texas...........
U tah ............

Vermont.........
Virginia.........
Washington.....
West Virginia....
Wisconsin.......
Wyoming........


$56.750
8.500
18.250
6.500
9.500

87.750
13.250
217.500
62.750
7.500

127.750
31.750
26.500
141.750
1.500

32.500
8.250
49.250
140.500
13.750

5.500
57.250
40.750
21.500
54.500
4.250


$11.350
1.700
3.650
1.300
1.9:0

17.550
2.650
43.500
12.550
1.;500

25.550
6.350
5.300
28.350
2.300

6.500
1.650
9.850
28.100
2.750

1.100
11.450
8.150
4.300
10.900
.850


be one-half of


1 Under S. 2425, the amounts available in fiscal year 1976 would
the full fiscal year amounts shown in this table.


. . . I . . . . . . .
....................
.................
. . . . . . . .
....................






TABLE 4.-STATE ESTIMATES OF INCREASE IN COST AND STAFF-
ING FOR CHILD CARE FROM FISCAL 1975 TO FISCAL 1976


Increased
title XX
costs
(millions)


Increased staffing


For
title XX
children


For non-
title XX
children


Potential
employment
of welfare
recipients
as percent
of added
staffing


Total ..........


$2 0 6 .3 ....................................


Alabama. ..........
Alaska............
A rizona............
Arkansas..........
California.........
Colorado.........
Connecticut.......
Delaware..........
District of Colum-
b ia .............
Florida ............
Georgia...........
H aw aii ............
Id aho ..............
Illino is ............
Indiana ..........
Iow a ...............
Kansas............
Kentucky ..........
Louisiana.........
M aine.............
Maryland.........
Massachusetts....
M ichigan..........
Minnesota.........
M ississippi........
M issouri..........
Montana..........
Nebraska..........
Nevada............
New Hampshire...


(2)
0
0
200
0
(1)

81
1,036


( 2
10 7,002
(2)


See footnotes at end of table.


2
20-25
a
Mi


2

4 1
20
(2)
80
20
(2)
71
(2)


0.6
1.4
2.6
0
20.7
2.4
(0)
.9
.4
12.1
3.8
.4
1.1
23.5
1.4
2.0
1.5
1.2
2.6
.1
0
5.3
7.0
11.0
1.0
2.5
.9
.3
.1
.2


122
150
548
0
0
400
0
99
56
766
600
60
(2 )
700
215


167
202
400
509
0
0
600
959
1,760
0
1,246
62
155
5160
40


(1)
303
s8O
800
437
0


10a
(1)
(3)
102
20
20
()


0
0
0
1,580
0

(3

516O
50


5
7-10
100
(2)
20






TABLE 4.-STATE ESTIMATES OF INCREASE IN COST AND STAFF-
ING FOR CHILD CARE FROM FISCAL 1975 TO FISCAL 1976-Cont.


Increased
title XX
costs
(millions)


Increased staffing
For For non-
title XX title XX
children children


Potential
employment
of welfare
recipients
as percent
of added
staffing


New Jersey........
New Mexico.......
New York 6 ........
North Carolina....
North Dakota......

O h io ...............
Oklahoma.........
O regon............
Pennsylvania......
Rhode Island......

South Carolina....
South Dakota......
Tennessee ........
Texas.............
U tah ..............

Vermont ...........
Virginia ...........
Washington.......
West Virginia......
W isconsin .........

Wyoming..........


$3.7
2.2
12.0
9.8
(07)

(8)
21.5
.2
8.2
.9

2.4
.6
1.7
16.2
1.4

.8
7.8
4.7
2.0
2.6


92
96
300
1,800
0

0
1,022
0
235
46

308
650
200
1,720
199

428
436
1,300
216
234


10
0
0
400
0


0
2,366
0
171
138

0
150
(1)
1,514
739

(9)
1,000
(2)
84
750


100
50
67
60-70
(3)


(3)
93
(3)
96
(2)


25-50
23
5-8
20-30
70

75
50
(2)
80-100
50-100


75


1 Included in estimates for columns 1 and
2 Unable to estimate.
3 Not applicable.
4 Additional employees already hired.
5 Unable to estimate on a man-year basis;
6 Estimates cover urban counties only.
7 Less than $50,000.


2. Unable to show separately.


represents number of staff.


8 Unable to estimate. No increased staffing but some increased cost to meet other
standards and/or monitoring and reporting requirements of title XX.
9 Unable to estimate numbers; cost estimated at $1,900,000.
10 Includes a need for 6,000 new family day care homes.
Source: Committee survey of Governors.




16

Excerpts From Title XX of the Social Security Act
Sec. 2002(a) * *
4* 4* *
(9) (A) No payment may be made under this section with respect
to any exxpenditure in connection with tle provision of any child day
care service, unless-
(i) in ihe case of care provided in the child's home, the care
meets standards established by the State which are reasonably in
accord with recommended standards of national standard-setting
organizations concerned with the home care of children, or
i'ii) in the case of care provided outside the child's home, the
care meets the Federal interagency day care requirements as
approved by the Department of HIealth. Education, and Welfare
and the Oflice of Economic Opportunity on September 23, 1968;
except that (I) subdivision III of such requirements with respect
to educational services -hall be recommended to the States and
not required, and staflinc standards for school-age children in day
care centers may be revised by the Secretary, (II) the staffing
standards imposed with respect to such care in the case of children
under age 3 shall conform to regulations prescribed by the Secre-
tarT, and (III) the staffing standards imposed with respect, to such
care in the case of children aged 10 to 14 shall require at least one
adult for each 20 children, and in the case of school-aged children
under age 10 shall require at least one adult for each 15 children,
except as provided in subparagraph (B).
(B) The Secretary shall submit to the President of the Senate and
the Speaker of the. HIouse of Representatives, after December 31, 1976,
and prior to July 1, 1977, an evaluation of the appropriateness of the
requirements imposed by subparagraph (A), together with any recom-
nendations he may have for modification of those requirements. No
earlier than ninety days after the submission of the report, the Secre-
tary nmay, by regulation, make such modifications in the requirements
imposed by subparagraph (A) as hlie determines are appropriate.
(C) The requirements imposed by this paragraph are in lieu of any
requirements that would otherwise be applicable under section 522(d)
of the Economic Opportunity Act of 1094 to child day care services
with respPOct to which payment is made under this section.
* *
PROGRAM REPORTING
Sec. 2003(a) * *
a* *c *
(d) (1) Each State which participates in the program established
by this title hall have a plan applicable to its program for the provi-
sion of the services described in section 2002(a) (1) which-
(A) provides that an opportunity for a fair hearing before the
appropriate State ngency will be granted to any individual whose
claim for any service described in section 2002(a) (1) is denied or
i nit act ed upon w ith re:i.c.:inal)le prompt, ness:






(B) provides that the use of disclosure of information obtained
in connection with administration of the State's program for the
provision of the services described in section 2002 (a) (1) concern-
ing applicants for and recipients of those services will be restricted
to purposes directly connected with the administration of that
program, the plan of the State approved under part A of title
IV, the plan of the State developed under part B of that title,
the supplemental security income program established by title
XVI, or the plan of the State approved under title XIX;
(C) provides for the designation by the chief executive officer
of the State or as otherwise provided by the laws of the State, of
an appropriate agency which will administer or supervise the
administration of the State's program for the provision of the
services described in section 2002 (a) (1);
(D) provides that the State will, in the administration of its
program for the provision of the services described in section
2002(a) (1), use such methods relating to the establishment and
maintenance of personnel standards on a merit basis as are found
by the Secretary to be necessary for the proper and efficient op-
eration of the program, except that the Secretary shall exercise
no authority with respect to the selection, tenure of office, or com-
pensation of any individual employed in accordance with such
methods;
(E) provides that no durational residency or citizenship re-
quirement will be imposed as a condition to participation in the
program of the State for the provision of the services described
in section 2002 (a) (1);
(F) provides, if the State program for the provision of the
services described in section 2002 (a) (1) includes services to in-
dividuals living in institutions or foster homes, for the estab-
lishment or designation of a State authority or authorities which
shall be responsible for establishing and maintaining standards
for such institutions or homes which are reasonably in accord
with recommended standards of national organizations concerned
with standards for such institutions or homes, including stand-
ards related to admissions policies, safety, sanitation, and pro-
tection of civil rights;
(G) provides, if the State program for the provision of the
services described in section 2002 (a) (1) includes child day care
services, for the establishment or designation of a State authority
or authorities which shall be responsible for establishing and
maintaining standards for such services which are reasonably in
accord with recommended standards of national organizations
concerned with standards for such services, including standards
related to admission policies for facilities providing such services,
safety, sanitation, and protection of civil rights;
(H) provides that the State's program for the provision of
the services described in section 2002 (a) (1) will be in effect in all
political subdivisions of the State; and
(I) provides for financial participation by the State in the
provision of the services described in section 2002 (a) (1).






Notwitlhstanding clause (C), if on December 1, 1974, the State agency
which administered or supervised the administration of the portion of
the plan of the State for services to the aged, blind, or disabled ap-
proved under title VI of this Act which related to blind individuals
was different from the agency which administered or supervised the
administ ration of the rest. of that plan, the State agency which admin-
istered or supervised the administration of the portion of the plan of
the .State for services to the aged, blind, or disabled related to blind
individuals may be de-signated to administer or supervise the adminis-
tration of the portion of the State's program for the provision of the
I'rvices dlec-riled in section 2002(a)(1) related to blind individuals
:and a separate State agency may be designated to administer or su-
pervis.e the administration of the rest of the program; and in such
case the part of the program which each agency administers, or the
administration of which each agency supervises, shall be regarded as
a separate program for the provision of the services described in sec-
tion 2002(a)(1) for purposes of this title. The date selected by the
State pursuant to section 2004(1) as the beginning of the services pro-
gram year for each of the separate programs shall be the same.
(2) The Secretary shall approve any plan which complies with
the provisions of paragraph (1).
(e) (1) No payment may be made under section 2002 to any State
which does not have a plan approved under subsection (g).
(2) In the case of any State plan which has been approved by the
Secretary under subsection (d), if the Secretary, after reasonable
notice and an opportunity for a hearing to the State, finds-
(A) that the plan no longer complies with the provisions of
subsection (d) (1), or
(B) that in the administration of the plan there is a substantial
failure to comply with any such provision,
the Secretary shall, except as provided in paragraph (3), notify the
State that further payments will not be made to the State under sec-
tion 2002 until he is satisfied that there, will no longer by any such
failure to comply, and until he is so satisfied he shall make no further
payments to the State.
(3) The Secretary may suspend implementation of any termination
of payments under paragraph (2) for such period as he determines
appropriate and instead reduce the amount otherwise payable to the
State under section 2002 for expenditures during that period by 3
percent for each clause of siubection (d) (1) with respect to which
there is a finding of noncompliance and with respect to which he is not
vet satisfied that there will no longer be any such failure to comply.
*i *: *
Excerpts From HEW Regulations
~ *
228.42 Child care standards.
(a) FFP is available for child care services provided under a serv-
ices plan only where the following standards are met:
(1) In-home care. (i) When homemaker service is utilized for this
purpose, it meets standards established by the State or by an Indian






tribal council, in accordance with 228.13, which are reasonably in
accord with recommended standards of national standard setting
organizations concerned with this type of home care for children.
(ii) When other caretakers are utilized for this purpose, such care
meets standards established by the State or by an Indian tribal council,
in accordance with 228.13, which, as a minimum, cover the care-
taker's age, health, capacity and available time to properly care for
children; minimum and maximum hours to be allowed per 24 hour
day for such care; maximum number of children that may be cared
for in the home at any one time; and proper feeding and health care of
the children.
(2) Out-of-home care. (i) Facilities used to provide day care out-
side a child's own home are licensed by the State, an Indian tribal
council, in accordance with 228.13, or approved as meeting the stand-
ards for such licensing.
(ii) Such facilities and care meet the 1968 Federal Interagency Day
Care Requirements, except that:
(A) Subdivision III of such requirements with respect to educa-
tional services is recommended but not required.
(B) Required staffing standards for children under age 3 in day
care centers and group day care homes are: 1 adult for each child
under 6 weeks of age; 1 adult to 4 children, ages 6 weeks through 36
months. (States may, at their option, require fewer children per
adult.)
(C) Required staffing standards for school age children in day
care centers are: at least 1 adult to 15 children, ages 6-10; and at least
1 adult to 20 children, ages 10-14.
(b) The requirements in paragraph (a) (2) (ii) of this section are
in lieu of otherwise applicable requirements under section 522(d) of
the Economic Opportunity Act of 1964 with respect to child day care
services under title XX.
Excerpts From Federal Interagency Day Care Requirements of
1968
*
71.11 Grouping of children
The administering agency, after determining the kind of facility to
be used, must ensure that the following limits on size of groups and
child-to-adult ratios are observed. All new facilities must meet the
requirements prior to Federal funding. Existing programs may be
granted up to 3 years to meet this requirement, if evidence of progress
and good intent is shown.
(a) Family day care home:
(1) Infancy through 6 years. No more than two children under two
and no more than five in total, including the family day care mother's
own children under 14 years old.
(2) Three through 14 years. No more than six children, including
the family day care mother's children under 14 years old.
(3) (i) In the use of a family day care home, there must always be
provision for another adult on whom the family day care mother can
call in case of an emergency or illness.




UNIVERSITY OF FLORIDA

20 3 1262 09113 3883

(ii) There are circumstances where it would be necessary to have on
a regular basis two adults in a family day care home- for example, if
one or more of the children were retarded, emotionally disturbed, or
handicapped and needed more than usual care.
(iii) The use of volunteers is very appropriate in family day care.
Volunteers may include older children who are often very successful
in working with younger children when under adequate supervision.
(b) Group day care home:
( 1) Three through 14 years. Groups may range up to 12 children but
the child-staff ratio never exceeds six to one. No child under three
should be in this type of care. When preschool children are cared for,
the child-staff ratio should not exceed five to one.
(2) (i) Volunteers and aides may be used to assist the adult respon-
sible for the group. Teenagers are often highly successful in working
with younger children, but caution should be exercised in giving them
supervisory responsibility over their peers.
(ii) As in family day care, provision must be made for other adults
to be called in case of an emergency or illness.
(c) Day care center:
(1) Three to 4 years. No more than 15 in a group with an adult and
sufficient assistants, supplemented by volunteers, so that the total
ratio of children to adults is normally not greater than 5 to 1.
(2) Four to 6 years. No more than 20 in a group with an adult and
sufficient assistants, supplemented by volunteers, so that the total ratio
of children to adults is normally not greater than 7 to 1.
(3) Six through 14 years. No more than 25 in a group with an adult
and sufficient assistants, supplemented by volunteers, so that the
total ratio of children to adults is normally not greater than 10 to 1.
(4) (i) The adult is directly responsible for supervising the daily
program for the children in her group and the work of the assistants
and volunteers assigned to her. She also works directly with the
children and their parents, giving as much individual attention as
possible.
(ii) Volunteers may be used to supplement the paid staff responsible
for the group. They may include older children who are often highly
successful in working with younger children. Caution should be exer-
cised in assigning teenagers supervisory responsibility over their peers.
(d) Federal interagency requirements have not been set for center
care of children under 3 years of age. If programs offer center care for
children vounzer than 3, State licensing regulations and requirements
must be met. Center cure for children under 3 cannot be offered if the
State authority has not established acceptable standards for such care.
0