38 U.S.C. § 7809: Child-care centers

Summary

The Secretary must run child-care centers at Department buildings through the Service when there is demand and it is practical and in the Department’s interest. The centers are for children of Department employees and, if space is left, for children of other federal workers and employees of affiliated schools and corporations created under section 7361. The Service must have one official in charge of all child-care matters. The Service sets reasonable fees that the Secretary must approve. Fees for Service-run centers must cover operating costs, including staff. If a for-profit contractor runs a center, fees must reflect the value of the free space and services the Department gives under subsection (c)(1). The Department must provide free space, utilities, custodial help, and other items needed for children’s health and safety. It may, for reimbursement, convert space and supply furniture, equipment, and phone service, but basic phone service and surplus furniture can be provided without charge. Parents must help make and oversee center policies, staff and volunteers must be screened for suitability, and the centers must follow all state and local health and safety rules. The Secretary must write rules to carry out these requirements. A parent advisory committee is a group of parents using the center who are chosen by those parents.

Title 38, §7809

Veterans' Benefits, Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1991—Pub. L. 102–40, § 402(a), (b)(1), renumbered section 4209 of this title as this section. Subsec. (a)(1). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places. Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” wherever appearing. Pub. L. 102–54 amended subsec. (a)(1) as in effect immediately before the enactment of Pub. L. 102–40 by substituting “child-care” for “child care”. Pub. L. 102–40, § 402(d)(1), substituted “7361” for “4161”. Subsec. (a)(2). Pub. L. 102–54 amended subsec. (a)(2) as in effect immediately before the enactment of Pub. L. 102–40 by substituting “child-care” for “child care”. Subsec. (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. Subsec. (c). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in introductory provisions and in pars. (1) and (2). Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in par. (1). Pub. L. 102–54 amended subsec. (c) as in effect before the enactment of Pub. L. 102–40 by substituting “child-care” for “child care” in introductory provisions and in par. (2). Subsec. (d). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. Subsec. (e). Pub. L. 102–54 amended subsec. (e) as in effect immediately before the enactment of Pub. L. 102–40 by substituting “child-care” for “child care”.

§7809 Child-care Centers

Summary

Title 38, §7809

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata