(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(c) Repealed.

(Feb. 26, 2015, D.C. Law 20-155, § 4073a; as added Oct. 22, 2015, D.C. Law 21-36, § 7030(a), 62 DCR 10905; Oct. 8, 2016, D.C. Law 21-160, § 4032(b), 63 DCR 10775; Dec. 13, 2017, D.C. Law 22-33, § 4062, 64 DCR 7652.)

For temporary (90 days) amendment of this section, see § 4062 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) amendment of this section, see § 4062 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 days) addition of this section, see § 7016(f)(1) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

For temporary (90 days) addition of D.C. Law 20-155, § 4077, an applicability clause, see § 7016(f)(3) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).