Page:United States Statutes at Large Volume 98 Part 2.djvu/1036

 98 STAT. 2196 42 USC 1397b.

Children and youth.

42 USC 1397.

Reports. Audits. 42 USC 1397e. Children and youth.

Effective date.

86 Stat. 1109.

PUBLIC LAW 98-473—OCT. 12, 1984

year 1985, as determined under section 2003 of the Social Security Act. (b) The additional $25,000,000 made available to the States for fiscal year 1985 pursuant to subsection (a) shall— (1) be used only for the purpose of providing training and retraining (including training in the prevention of child abuse in child care settings) to providers of licensed or registered child care services, operators and staffs (including those receiving inservice training) of facilities where licensed or registered child care services are provided, State licensing and enforcement officials, and parents; (2) be expended only to supplement the level of any funds that would, in the absence of the additional funds appropriated under this section, be available from other sources (including any amounts available under title XX of the Social Security Act without regard to this section) for the purpose specified in paragraph (1), and shall in no case supplant such funds from other sources or reduce the level thereof; and (3) be separately accounted for in the reports and audits provided for in section 2006 of the Social Security Act. (c)(1) In order to provide guidance and assistance to the States in utilizing funds allocated pursuant to title XX of the Social Security Act, not later than 3 months after the date of enactment of this section, the Secretary shall draft and distribute to the States for their consideration, a Model Child Care Standards Act containing— (A) minimum licensing or registration standards for day care centers, group homes, and family day care homes regarding matters including— (i) the training, development, supervision, and evaluation of staff; (ii) staff qualification requirements, by job classification; (iii) staff-child ratios; (iv) probation periods for new staff; (v) employment history checks for staff; and (vi) parent visitation; and (2)(A) Any State receiving an allotment under such title from the funds made available as a result of subsection (a) shall have in effect, not later than September 30, 1985— (i) procedures, established by State law or regulation, to provide for employment history and background checks; and (ii) provisions of State law, enacted in accordance with the provisions of Public Law 92-544 (86 Stat. 115) requiring nationwide criminal record checks for all operators, staff or employees, or prospective operators, staff or employees of child care facilities (including any facility or program having primary custody of children for 20 hours or more per week), juvenile detention, correction or treatment facilities, with the objective of protecting the children involved and promoting such children's safety and welfare while receiving service through such facilities or programs. (B) In the case of any State not meeting the requirements of subparagraph (A) by September 30, 1985, such State's allotment for fiscal year 1986 or 1987 shall be reduced in the aggregate by an amount equal to one-half of the amount by which such State's allotment under such title was increased for fiscal year 1985 as a result of subsection (a).

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