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

in plain englishAI-generated · not legal advice

The Secretary, through the Service, must run child-care centers at Department facilities if there's demand and it makes sense. Centers serve employees' children first, and space allows for others. Fees cover costs, and the Secretary sets rules on space, safety, parent input, and background checks for staff.

(a) Running the centers. (1) The Secretary, acting through the Service, must operate child-care centers at Department facilities under this section — but only where the Secretary decides, based on demand, that it's in the Department's best interest and practical to do so. The centers serve the children of Department employees, and, if there's room, children of other federal employees and of employees at affiliated schools and corporations created under section 7361. (2) The Service must have an official in charge of everything to do with providing this child care. (b) Charges. The Service sets reasonable fees for the child care, subject to the Secretary's approval. For a center the Service runs directly, fees must cover the center's operating costs, including staff expenses. For a center run by a for-profit contractor, fees must account for the value of the space and services the Department is providing under (c)(1). (c) The Secretary's duties in setting up a center. The Secretary must: (1) provide, at no cost to the center, space in existing Department buildings, plus utilities, custodial service, and anything else needed for the children's health and safety; (2) may, on a reimbursable basis, convert that space for use as the center and supply other needed items like furniture, office equipment, and phone service — though the Secretary can provide basic phone service and surplus furniture and equipment for free; (3) must let parents of the children take part — directly or through a parent advisory committee — in setting the center's policies and overseeing how they're carried out; (4) must require a process for checking whether prospective employees or volunteers are fit and suitable; and (5) must require the center to follow all state and local health, safety, and child-care laws. (d) The Secretary must write regulations to carry out this section. (e) A "parent advisory committee" means a committee made up of, and chosen by, the parents of children who use a center run under this section.

the actual law source: uscode.house.gov ↗public domain

(a)

(1)

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.

(2)

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.

(b)

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.

(c)

In connection with the establishment and operation of any child-care center under this section, the Secretary—

(1)

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;

(2)

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;

(3)

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;

(4)

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

(5)

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.

(d)

The Secretary shall prescribe regulations to carry out this section.

(e)

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.)

history & why it existsrecord from the source credit

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.

all 0 arguments · sorted by: best

no arguments yet — make the first case