---
kind: "section"
citation: "42 U.S.C. § 9858e"
title: "42"
title_heading: "The Public Health and Welfare"
number: "9858e"
heading: "Activities to improve the quality of child care"
release: "119-102"
url: "https://uscodex.org/usc/42/9858e"
units:
  - "Chapter 105 — Community Services Programs"
  - "Subchapter II–B — Child Care and Development Block Grant"
---

# §9858e. Activities to improve the quality of child care

- (a) **Reservation—**
  - (1) **Reservation for activities relating to the quality of child care services—** A [State](/usc/42/9858n.md?p=14) that receives [funds](/usc/42/12854.md?p=3) to carry out this subchapter for a fiscal year referred to in [paragraph (2)](#a-2) shall reserve and use a portion of such [funds](/usc/42/12854.md?p=3), in accordance with [paragraph (2)](#a-2), for activities provided directly, or through grants or contracts with local [child](/usc/42/416.md?p=e) care resource and referral organizations or other appropriate entities, that are designed to improve the quality of [child](/usc/42/416.md?p=e) care services and increase parental options for, and access to, high-quality [child](/usc/42/416.md?p=e) care, and is in alignment with a Statewide assessment of the [State](/usc/42/9858n.md?p=14)’s needs to carry out such services and care, provided in accordance with this subchapter.
  - (2) **Amount of reservations—** Such [State](/usc/42/9858n.md?p=14) shall reserve and use—
    - (A) to carry out the activities described in [paragraph (1)](#a-1), not less than—
      - (i) 7 percent of the [funds](/usc/42/12854.md?p=3) described in [paragraph (1)](#a-1), for the first and second full fiscal years after November 19, 2014;
      - (ii) 8 percent of such [funds](/usc/42/12854.md?p=3) for the third and fourth full fiscal years after November 19, 2014; and
      - (iii) 9 percent of such [funds](/usc/42/12854.md?p=3) for the fifth and each succeeding full fiscal year after November 19, 2014; and
    - (B) in addition to the [funds](/usc/42/12854.md?p=3) reserved under [subparagraph (A)](#a-2-A), 3 percent of the [funds](/usc/42/12854.md?p=3) described in [paragraph (1)](#a-1) received not later than the second full fiscal year after November 19, 2014, and received for each succeeding full fiscal year, to carry out the activities described in [paragraph (1)](#a-1) and [subsection (b)(4)](#b-4), as such activities relate to the quality of care for infants and toddlers.
  - (3) **State reservation amount—** Nothing in this subsection shall preclude the [State](/usc/42/9858n.md?p=14) from reserving a larger percentage of [funds](/usc/42/12854.md?p=3) to carry out the activities described in [paragraph (1)](#a-1) and [subsection (b)](#b).
- (b) **Activities—** [Funds](/usc/42/12854.md?p=3) reserved under [subsection (a)](#a) shall be used to carry out no fewer than one of the following activities that will improve the quality of [child](/usc/42/416.md?p=e) care services provided in the [State](/usc/42/9858n.md?p=14):
  - (1) Supporting the [training](/usc/42/285e–2.md?p=b-2) and professional development of the [child](/usc/42/416.md?p=e) care workforce through activities such as those included under [section 9858c(c)(2)(G) of this title](/usc/42/9858c.md?p=c-2-G), in addition to—
    - (A) offering [training](/usc/42/285e–2.md?p=b-2) and professional development opportunities for [child](/usc/42/416.md?p=e) care providers that relate to the use of scientifically-based, developmentally-appropriate and age-appropriate strategies to promote the social, emotional, physical, and cognitive development of [children](/usc/42/256e.md?p=g-2), including those related to nutrition and physical activity, and offering specialized [training](/usc/42/285e–2.md?p=b-2) for [child](/usc/42/416.md?p=e) care providers caring for those populations prioritized in [section 9858c(c)(2)(Q) of this title](/usc/42/9858c.md?p=c-2-Q), and [children](/usc/42/256e.md?p=g-2) with disabilities;
    - (B) incorporating the effective use of data to guide [program](/usc/42/274l–1.md?p=4) improvement;
    - (C) including effective behavior management strategies and [training](/usc/42/285e–2.md?p=b-2), including positive behavior interventions and support models, that promote positive social and emotional development and reduce challenging behaviors, including reducing expulsions of preschool-aged [children](/usc/42/256e.md?p=g-2) for such behaviors;
    - (E) [^1] providing [training](/usc/42/285e–2.md?p=b-2) and outreach on engaging [parents](/usc/42/9858n.md?p=10) and [families](/usc/42/12704.md?p=11) in culturally and linguistically appropriate ways to expand their knowledge, skills, and capacity to become meaningful partners in supporting their [children](/usc/42/256e.md?p=g-2)’s positive development;
    - (F) providing [training](/usc/42/285e–2.md?p=b-2) corresponding to the nutritional and physical activity needs of [children](/usc/42/256e.md?p=g-2) to promote healthy development;
    - (G) providing [training](/usc/42/285e–2.md?p=b-2) or professional development for [child](/usc/42/416.md?p=e) care providers regarding the early neurological development of [children](/usc/42/256e.md?p=g-2); and
    - (H) connecting [child](/usc/42/416.md?p=e) care staff members of [child](/usc/42/416.md?p=e) care providers with available Federal and [State](/usc/42/9858n.md?p=14) financial aid, or other resources, that would assist [child](/usc/42/416.md?p=e) care staff members in pursuing relevant postsecondary [training](/usc/42/285e–2.md?p=b-2).
  - (2) Improving upon the development or implementation of the early learning and developmental guidelines described in [section 9858c(c)(2)(T) of this title](/usc/42/9858c.md?p=c-2-T) by providing technical assistance to [eligible child care providers](/usc/42/9858n.md?p=6) that enhances the cognitive, physical, social and emotional development, including early childhood development, of participating preschool and [school](/usc/42/6372.md?p=1)-aged [children](/usc/42/256e.md?p=g-2) and supports their overall well-being.
  - (3) Developing, implementing, or enhancing a tiered quality rating system for [child](/usc/42/416.md?p=e) care providers and services, which may—
    - (A) support and assess the quality of [child](/usc/42/416.md?p=e) care providers in the [State](/usc/42/9858n.md?p=14);
    - (B) build on [State](/usc/42/9858n.md?p=14) licensing [standards](/usc/42/1320d.md?p=7) and other [State](/usc/42/9858n.md?p=14) regulatory [standards](/usc/42/1320d.md?p=7) for such providers;
    - (C) be designed to improve the quality of different types of [child](/usc/42/416.md?p=e) care providers and services;
    - (D) describe the safety of [child](/usc/42/416.md?p=e) care [facilities](/usc/42/11049.md?p=4);
    - (E) build the capacity of [State](/usc/42/9858n.md?p=14) early childhood [programs](/usc/42/274l–1.md?p=4) and communities to promote [parents](/usc/42/9858n.md?p=10)’ and [families](/usc/42/12704.md?p=11)’ understanding of the [State](/usc/42/9858n.md?p=14)’s early childhood system and the ratings of the [programs](/usc/42/274l–1.md?p=4) in which the [child](/usc/42/416.md?p=e) is enrolled;
    - (F) provide, to the maximum extent practicable, financial incentives and other supports designed to expand the full diversity of [child](/usc/42/416.md?p=e) care options and help [child](/usc/42/416.md?p=e) care providers improve the quality of services; and
    - (G) accommodate a variety of distinctive approaches to early childhood education and care, including but not limited to, those practiced in faith-based settings, community-based settings, [child](/usc/42/416.md?p=e)-centered settings, or similar settings that offer a distinctive approach to early childhood development.
  - (4) Improving the supply and quality of [child](/usc/42/416.md?p=e) care [programs](/usc/42/274l–1.md?p=4) and services for infants and toddlers through activities, which may include—
    - (A) establishing or expanding high-quality community or neighborhood-based [family](/usc/42/290ff–4.md?p=d-2) and [child](/usc/42/416.md?p=e) development centers, which may serve as resources to [child](/usc/42/416.md?p=e) care providers in order to improve the quality of early childhood services provided to infants and toddlers from [low-income families](/usc/42/300a–4.md?p=c) and to help [eligible child care providers](/usc/42/9858n.md?p=6) improve their capacity to offer high-quality, age-appropriate care to infants and toddlers from [low-income families](/usc/42/300a–4.md?p=c);
    - (B) establishing or expanding the operation of community or neighborhood-based [family](/usc/42/290ff–4.md?p=d-2) [child](/usc/42/416.md?p=e) care networks;
    - (C) promoting and expanding [child](/usc/42/416.md?p=e) care providers’ ability to provide developmentally appropriate services for infants and toddlers through [training](/usc/42/285e–2.md?p=b-2) and professional development; coaching and technical assistance on this age group’s unique needs from statewide networks of qualified infant-toddler specialists; and improved coordination with early intervention specialists who provide services for infants and toddlers with disabilities under part C of the Individuals with Disabilities Education Act ([20 U.S.C. 1431](/usc/20/1431.md) et seq.);
    - (D) if applicable, developing infant and toddler components within the [State](/usc/42/9858n.md?p=14)’s quality rating system described in [paragraph (3)](#b-3) for [child](/usc/42/416.md?p=e) care providers for infants and toddlers, or the development of infant and toddler components in a [State](/usc/42/9858n.md?p=14)’s [child](/usc/42/416.md?p=e) care licensing regulations or early learning and development guidelines;
    - (E) improving the ability of [parents](/usc/42/9858n.md?p=10) to access transparent and easy to understand consumer information about high-quality infant and toddler care; and
    - (F) carrying out other activities determined by the [State](/usc/42/9858n.md?p=14) to improve the quality of infant and toddler care provided in the [State](/usc/42/9858n.md?p=14), and for which there is evidence that the activities will lead to improved infant and toddler health and safety, infant and toddler cognitive and physical development, or infant and toddler well-being, including providing health and safety [training](/usc/42/285e–2.md?p=b-2) (including [training](/usc/42/285e–2.md?p=b-2) in safe sleep [practices](/usc/42/17061.md?p=19), first aid, and cardiopulmonary resuscitation) for providers and [caregivers](/usc/42/9858n.md?p=1).
  - (5) Establishing or expanding a statewide system of [child](/usc/42/416.md?p=e) care resource and referral services.
  - (6) Facilitating compliance with [State](/usc/42/9858n.md?p=14) requirements for [inspection](/usc/42/4851b.md?p=12), monitoring, [training](/usc/42/285e–2.md?p=b-2), and health and safety, and with [State](/usc/42/9858n.md?p=14) licensing [standards](/usc/42/1320d.md?p=7).
  - (7) Evaluating and assessing the quality and effectiveness of [child](/usc/42/416.md?p=e) care [programs](/usc/42/274l–1.md?p=4) and services offered in the [State](/usc/42/9858n.md?p=14), including evaluating how such [programs](/usc/42/274l–1.md?p=4) positively impact [children](/usc/42/256e.md?p=g-2).
  - (8) Supporting [child](/usc/42/416.md?p=e) care providers in the voluntary pursuit of accreditation by a national accrediting body with demonstrated, valid, and reliable [program](/usc/42/274l–1.md?p=4) [standards](/usc/42/1320d.md?p=7) of high quality.
  - (9) Supporting [State](/usc/42/9858n.md?p=14) or local efforts to develop or adopt high-quality [program](/usc/42/274l–1.md?p=4) [standards](/usc/42/1320d.md?p=7) relating to health, mental health, nutrition, physical activity, and physical development.
  - (10) Carrying out other activities determined by the [State](/usc/42/9858n.md?p=14) to improve the quality of [child](/usc/42/416.md?p=e) care services provided in the [State](/usc/42/9858n.md?p=14), and for which measurement of outcomes relating to improved provider preparedness, [child](/usc/42/416.md?p=e) safety, [child](/usc/42/416.md?p=e) well-being, or entry to kindergarten is possible.
- (c) **Certification—** Beginning with fiscal year 2016, at the beginning of each fiscal year, the [State](/usc/42/9858n.md?p=14) shall annually submit to the [Secretary](/usc/42/9858n.md?p=12) a certification containing an assurance that the [State](/usc/42/9858n.md?p=14) was in compliance with [subsection (a)](#a) during the preceding fiscal year and a description of how the [State](/usc/42/9858n.md?p=14) used [funds](/usc/42/12854.md?p=3) received under this subchapter to comply with [subsection (a)](#a) during that preceding fiscal year.
- (d) **Reporting requirements—** Each [State](/usc/42/9858n.md?p=14) receiving [funds](/usc/42/12854.md?p=3) under this subchapter shall prepare and submit an annual report to the [Secretary](/usc/42/9858n.md?p=12), which shall include information about—
  - (1) the amount of [funds](/usc/42/12854.md?p=3) that are reserved under [subsection (a)](#a);
  - (2) the activities carried out under this section; and
  - (3) the measures that the [State](/usc/42/9858n.md?p=14) will use to evaluate the [State](/usc/42/9858n.md?p=14)’s progress in improving the quality of [child](/usc/42/416.md?p=e) care [programs](/usc/42/274l–1.md?p=4) and services in the [State](/usc/42/9858n.md?p=14).
- (e) **Technical assistance—** The [Secretary](/usc/42/9858n.md?p=12) shall offer technical assistance, in accordance with [section 9858g(a)(3) of this title](/usc/42/9858g.md?p=a-3), which may include technical assistance through the use of grants or cooperative [agreements](/usc/42/1320b–8.md?p=a-3-A), to [States](/usc/42/9858n.md?p=14) for the activities described in [subsection (b)](#b) at the request of the [State](/usc/42/9858n.md?p=14).
- (f) **Construction—** Nothing in this section shall be construed as providing the [Secretary](/usc/42/9858n.md?p=12) the authority to regulate, direct, dictate, or place conditions (outside of what is required by this subchapter) on a [State](/usc/42/9858n.md?p=14) adopting specific [State](/usc/42/9858n.md?p=14) [child](/usc/42/416.md?p=e) care quality activities or progress in implementing those activities.

## Footnotes

[^1]: So in original. No subpar. (D) has been enacted.

## Source credit

(Pub. L. 97–35, title VI, § 658G, as added Pub. L. 101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–241; amended Pub. L. 102–401, § 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102–586, § 8(c)(1), Nov. 4, 1992, 106 Stat. 5036; Pub. L. 104–193, title VI, § 607, Aug. 22, 1996, 110 Stat. 2283; Pub. L. 113–186, § 6, Nov. 19, 2014, 128 Stat. 1987.)

## Notes

### Editorial Notes

### References in Text

The Individuals with Disabilities Education Act, referred to in subsec. (b)(4)(C), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175. Part C of the Act is classified generally to subchapter III (§ 1431 et seq.) of chapter 33 of Title 20, Education. For complete classification of this Act to the Code, see section 1400 of Title 20 and Tables.

### Amendments

2014—Pub. L. 113–186 amended section generally. Prior to amendment, text read as follows: “A State that receives funds to carry out this subchapter for a fiscal year, shall use not less than 4 percent of the amount of such funds for activities that are designed to provide comprehensive consumer education to parents and the public, activities that increase parental choice, and activities designed to improve the quality and availability of child care (such as resource and referral services).”

1996—Pub. L. 104–193 reenacted section catchline without change and amended text generally, substituting current provisions for provisions requiring State receiving financial assistance under this subchapter to utilize not less than 20 percent of such assistance for one or more of following: resource and referral programs, grants or loans to assist in meeting State and local standards, monitoring of compliance with licensing and regulatory requirements, training, or improving salaries or other compensation to staff.

1992—Pub. L. 102–401 and Pub. L. 102–586 made identical technical corrections to directory language of Pub. L. 101–508, § 5082(2), which added this section.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1996 Amendment

Amendment by Pub. L. 104–193 effective Oct. 1, 1996, see section 615 of Pub. L. 104–193, set out as a note under section 9858 of this title.