§ 38–282.01. Child development facility requirements.

(a) If 50% or more children in a licensed child development facility are eligible for at least 6 continuous months for subsidized child care, the facility shall participate in the CACF Program unless the facility is exempt pursuant to subsection (a-1) of this section or OSSE grants the facility a hardship exemption pursuant to subsection (b) of this section.

(a-1) Subsection (a) of this section shall not apply to a child development facility that is on the U.S. Department of Agriculture ("USDA") CACF Program National Disqualification List for the period of time that the child development facility is on the USDA CACF Program National Disqualification List.

(b) To be eligible for a hardship exemption, a child development facility must provide OSSE with a written statement describing why participation in the CACF Program constitutes a hardship, and provide OSSE documentation demonstrating that the child development facility is in compliance with the current CACF Program Meal Patterns. OSSE will determine whether good cause exists and provide notice to the child development facility that it is excused from participating in the CACF Program for one year from the date of the notice. To the extent possible, OSSE shall work with excused child development facilities to address barriers to participating in the CACF Program.

(c) Repealed.