38 U.S.C. § 7809 — Child-care centers
submitted 38 years ago by Pub. L. 100-322 to r/title-38-VETERANS-BENEFITS · 513 words · no verdicts yet
The Secretary, through the Service, must provide child-care centers at Department facilities when demand, the Department’s interests, and practical considerations support operating them. The section sets rules for who may use the centers, charges, facilities, parent participation, employee screening, safety, and regulations.
(a)(1) The Secretary*, through the Service, must arrange for child*-care centers at Department* facilities under this section. The Secretary must operate a center only to the extent the Secretary determines, based on demand, that operating it is in the Department’s best interest and is practical. The centers must be available to Department employees’ children and, if space is available, to children of other Federal Government employees and children of employees of affiliated schools and corporations created under section 7361 of this title. (2) The Service must have an official responsible for all matters involving child-care services provided under this section. (b) The Service must set reasonable charges for services at each center. The Secretary must approve the charges. For a center operated directly by the Service, the charges must cover the center’s operating expenses, including assigned personnel. For a center operated by a for-profit contractor, the charges must take into account the value of the space and services provided under subsection (c)(1). (c) When establishing or operating a center, the Secretary—(1) must provide, at no cost to the center, space in existing Department facilities and utilities, custodial services, and other services and amenities the Secretary considers necessary for the children’s health and safety; (2) may, with reimbursement, convert the space provided under paragraph (1) for use as the center and provide needed furniture, office machines and equipment, telephone service, and other operating items, but may provide basic telephone service and surplus furniture and equipment without reimbursement; (3) must provide for parents of children receiving care to participate, directly or through a parent* advisory committee, in setting operating policies and overseeing their implementation; (4) must require a process to determine whether prospective center employees and volunteers are fit and suitable; and (5) must require compliance with all State* and local health, safety, and child-care-center laws, ordinances, and regulations. (d) The Secretary must issue regulations to carry out this section. (e) In this section, “parent advisory committee” means a committee made up of and selected by parents of children receiving care at a center operated under this section.
The Secretary*, through the Service, shall provide for the operation of child*-care centers at Department* facilities in accordance with this section. The operation of such centers shall be carried out to the extent that the Secretary determines, based on the demand for the care involved, that such operation is in the best interest of the Department and that is practicable to do so. The centers shall be available for the children of Department employees and, to the extent space is available, the children of other employees of the Federal Government and the children of employees of affiliated schools and corporations created under section 7361 of this title.
There shall be in the Service an official who is responsible for all matters relating to the provision of child-care services under the authority of this section.
The Service shall establish reasonable charges for child-care services provided at each child-care center operated under this section. The charges shall be subject to the approval of the Secretary. In the case of a center operated directly by the Service, the charges with respect to the center shall be sufficient to provide for the operating expenses of the center, including the expenses of personnel assigned to the center. In the case of a center operated by a contractor which is a for-profit entity, the charges shall be established by taking into consideration the value of the space and services furnished with respect to the center under subsection (c)(1) of this section.
In connection with the establishment and operation of any child-care center under this section, the Secretary—
shall furnish, at no cost to the center, space in existing Department facilities and utilities, custodial services, and other services and amenities necessary (as determined by the Secretary) for the health and safety of the children provided care at the center;
may, on a reimbursable basis, convert space furnished under clause (1) of this subsection for use as the child-care center and provide other items necessary for the operation of the center, including furniture, office machines and equipment, and telephone service, except that the Secretary may furnish basic telephone service and surplus furniture and equipment without reimbursement;
shall provide for the participation (directly or through a parent* advisory committee) of parents of children receiving care in the center in the establishment of policies to govern the operation of the center and in the oversight of the implementation of such policies;
shall require the development and use of a process for determining the fitness and suitability of prospective employees of or volunteers at the center; and
shall require in connection with the operation of the center compliance with all State* and local laws, ordinances, and regulations relating to health and safety and the operation of child-care centers.
The Secretary shall prescribe regulations to carry out this section.
For the purpose of this section, the term “parent advisory committee” means a committee comprised of, and selected by, the parents of children receiving care in a child-care center operated under this section.
Source credit: (Added Pub. L. 100–322, title IV, § 412(a), May 20, 1988, 102 Stat. 547, § 4209; renumbered § 7809 and amended Pub. L. 102–40, title IV, § 402(a), (b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–54, § 14(e)(8), June 13, 1991, 105 Stat. 287; Pub. L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)
- 1988Enacted · Pub. L. 100-322 · 102 Stat. 547
- 1991Amended · Pub. L. 102-40 · 105 Stat. 238, 239
- 1991Amended · Pub. L. 102-54 · 105 Stat. 287
- 1991Amended · Pub. L. 102-83 · 105 Stat. 404, 405
A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-322 on 1988-05-20.
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