Code of the District of Columbia

§ 38–282. Healthy Tots Fund.

(a) There is established as a special fund the Healthy Tots Fund (“Fund”), which shall be administered by OSSE in accordance with this section.

(b)(1) The Fund shall be funded by annual appropriations, which shall be deposited into the Fund. The money deposited into the Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.

(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.

(c) OSSE shall make funds from the Fund available for the following purposes:

(1) To provide additional funding for healthy meals served by child development facilities participating in the CACF Program by reimbursing the child development facility for each meal that meets the rules issued pursuant to this chapter as follows:

(A) For meals eligible for reimbursement through the CACF Program served to an eligible child:

(i) Ten cents for each breakfast;

(ii) Ten cents for each lunch; and

(iii) Ten cents for each supper;

(B) For meals served to any child attending the child development facility but not eligible for reimbursement through the CACF Program because child development facilities have maximized the number of allowable reimbursable meals, an amount of local funding equal to the free federal rate as established under the CACF Program; provided, that the meals meet the rules issued pursuant to this chapter; provided further, that at least 75% of the children attending the child development facility are District residents and at least 50% are eligible for subsidized child care.

(2)(A) To provide additional funding to child development facilities participating in the Child and Adult Care Food Program that use local foods by reimbursing the child development facility an additional $0.05 per lunch or supper that meets the rules issued pursuant to this chapter served to eligible children and at least one component of a meal is comprised entirely of locally grown and unprocessed foods; provided, that the child development facility reports to OSSE the name and address of the local farms where the foods were grown.

(B) For the purposes of this paragraph, the term “locally grown and unprocessed foods” shall not include milk.

(3) To provide funding to child development facilities that have partnerships with the Office of the State Superintendent of Education and that follow Early Headstart Standards as defined by 45 C.F.R. § 1304 and that provide comprehensive services, including health, mental health, nutrition, and family services; provided, that the funds shall be used for recruitment into or administration of the Child and Adult Care Food Program, including meal planning and nutrition education to children and their families.

(d) In addition to the requirements set forth in subsection (c) of this section, and subject to available funding, OSSE shall make funds from the Fund available:

(1) To make competitive grants available to child development facilities participating in the Child and Adult Care Food Program to support physical activity, nutrition, gardens, natural play areas, and farm-to-preschool programs; and

(2) As an incentive to increase participation in the Child and Adult Care Food Program, provide a $300 grant per year to a child development home that participates in the Child and Adult Care Food Program to help pay for costs associated with licensing, renewal, and other related expenses.

(e) A child development facility receiving a reimbursement or other funding pursuant to this section shall provide the meals at no charge to participating infants, toddlers, and preschoolers.

(f)(1) OSSE may, by rule, increase the amount of reimbursements, grants, or other funding provided by this section to further improve the quality and nutrition of meals provided by a child development facility.

(2) OSSE may withhold reimbursements or other funding authorized by this section from a child development facility that does not meet the requirements of this chapter, or rules issued pursuant to this chapter.


(Feb. 26, 2015, D.C. Law 20-155, § 4073, 61 DCR 9990; Oct. 8, 2016, D.C. Law 21-160, § 4032(a), 63 DCR 10775.)

Emergency Legislation

For temporary (90 days) addition of a provision concerning child development facility requirements, see § 4073a of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) addition of D.C. Law 20-155, § 4073a, concerning child development facility requirements, see § 2(f) of the Fiscal Year 2015 Budget Support Clarification Emergency Act of 2014 (D.C. Act 20-461, November 6, 2014, 61 DCR 11784, 20 STAT 4368).

For temporary (90 days) addition of a provision concerning child development facility requirements, see § 4073a of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) addition of D.C. Law 20-155, § 4073a, concerning child development facility requirements, see § 2(f) of the Fiscal Year 2015 Budget Support Clarification Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-587, January 13, 2015, 62 DCR 1294, 21 STAT 758).

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).

Temporary Legislation

For temporary (225 days) addition of D.C. Law 20-155, § 4073a, concerning child development facility requirements, see § 2(f)( 2) of the Fiscal Year 2015 Budget Support Clarification Temporary Amendment Act of 2014 (D.C. Law 20-179, March 7, 2015, 62 DCR 424).