Nataly Bruk

MGM-520
Administrative Agency Assignment
Administration of Children and Families
1. State the administrative agency that controls the regulation. Briefly explain why
this agency and your proposed regulation change interests you. Will this
proposed regulation affect you or the business in which you are working? If so,
how? (10 points)
a. The Administration of Children and Families (AFC) is a subdivision of the
Department of Health and Human Services (HHS). The mission of ACF is
to promote the economic and social well-being of families and children.
The AFC would like to ensure that children and families are safe, healthy,
and economically secure. The AFC attempts to accomplish these goals by
ensuring federal leadership and the resources are in place.
2. Describe the proposal or change. (10 points)
a. The AFC interests me because I was in foster care as a child. Ive had
many interactions with children and youth and similar AFC agencies. I
believe that there are many problems with in the foster care system and
have witnessed the impact first hand. I spent a lot of time searching for
proposed regulations, but could not find one relating to the foster care
system or child abuse regulations. I was however able to find a proposed
regulation for Child Care and Development Fund (CCDF) Program that
interested me as well. The proposed regulation is to improve health and
safety requirements for child care providers. The regulation also seeks to
improve the quality of child care, require accountability for Federal tax
dollars, and improve education and head-start programs for low-income
children.
b. The CCDF hopes to improve health and safety standards for childcare by
setting minimum state health and safety standards for care providers.
Health and safety standards include inspections and compliance with fire,
health, and building codes. Providers will be required to have criminal
background checks and be trained in first aid and CPR. The plan also
hopes to aid low-income families by improving access to assistance.
Unemployed parents are able to continue childcare while they look for a
new job. States would have more flexibility determining eligibility and
would be able to waive co-payments.
3. Write the public comment that you would submit for this proposal. If the
proposed regulation deadline has already passed, write the comment you would
have submitted. Explain briefly what you wish to accomplish with your comment.
(10 points)
a. I am writing this comment in strong support of the proposed regulation.
As a future physician and former child of the foster care system I cannot
stress enough how important it is to ensure the health, safety, and
wellbeing of every child. Children that come from low income families
often have less access to health care, child care, and education. These
children often suffer by getting a late start in life and continue to have
problems into adulthood. In addition, health and safety standards for all

child care providers will ensure that children are being protected.
Compliance with fire, health, and building codes ensures that children are
not put in dangerous situations and are receiving adequate care. If
providers are trained in CPR and First Aid this can save a childs life in a
dangerous situation. I believe that everyone who spends time caring for
children should have basic life support and CPR skills. Finally, background
checks on childcare providers ensure that children are not in the care of
criminals and sex offenders.
b. The goal of submitting my comment would have been to show my strong
support for the regulation. I hope that my comment would convey my
opinion as a professional and merit strong consideration. In addition,
given my childhood history in low income foster family I could be seen as
a commenter with expertise in the area and grant additional consideration
to my opinion.
4. Provide the "deadline" by which the public comment must be made. (If the date
has already passed, please provide when the deadline was). (5 points)
a. The deadline for comment on proposed regulation for CCDF was August
23rd 2013.
5. A. Once you have submitted your comment, what will you be legally entitled to
do later in the promulgation process (if you should choose to do so)? (See the
textbook's discussion of the Administrative Procedure Act.)
a. According to the process of informal rulemaking the agency must give
notice of the proposed rule by posting it in the Federal Register. The
public is then given the opportunity to comment for a period of time
(usually 30 days). The comments are taken into consideration. A final
draft of the rule, a statement of purpose, and a cost-benefit analysis is
posted 30 days prior to its effective date. If a person is opposed to the
rule, they make take their grievance to the appellate courts and say the
agency did not consider important factors during the ruling.
5. B. If the proposal passes, identify and explain the five legal theories you could
use in an attempt to have (any) administrative regulation declared invalid and
overturned in court.
a. If a business or group can show that the congressional delegation of
legislative authority in the proposed regulation was unconstitutional
due to its vagueness. If the agency violated a constitutional standard.
The agency proposed regulation is beyond the allotted power given to
it by congress. If the agency did not act in an arbitrary or capricious
manner. If the agency proposed regulation does not have substantial
evidence to support it.
5. C. Which of these challenges would be the best way to challenge the regulation
you selected for this assignment if you wanted to have the regulation
overturned, and why?
a. Personally, I believe this regulation should have been in place a long
time ago. But if it were to be challenged then the only valid legal claim
is that the agency did not have substantial evidence to support it. All
other legal claims are invalid, and this one is the only one that would
have a chance.