Emergency Protective Measures
Appeal Brief
Appeal Letter
Citation: Appeal Brief; Second Appeal; Monterey County; FEMA-1046-DR-CA, PA# 053-0000
Cross-Reference: DSR 73417; Emergency Protective Measures; Childcare expenses
Summary: Heavy rains in March of 1995, resulted in the flooding of areas of Monterey County (County) and the evacuation of County residents. The County established childcare/daycare services to provide care and activities for children whose parents "were either busy applying for assistance or had left the fairgrounds to check on their homes and secure personal belongings." FEMA prepared DSR 73417 on June 28, 1995, for $25,769.11 to reimburse the County for services and supplies associated with the childcare. Upon review, FEMA reduced the DSR to $0, because childcare is not considered an essential service in the protection of life and public health and is not eligible expense. On February 8, 1996, the State forwarded the subgrantee's first appeal which requested FEMA approve DSR 73417 at the original level of funding. However, the State indicated it agreed with FEMA's original eligibility determination. On August 22, 1996, the Regional Director denied the appeal because the activities performed by the subgrantee are not considered an essential service of a governmental nature or an emergency measure, in accordance with 44 CFR 206.225. On March 12, 1997, the State submitted the subgrantee's second appeal, and again did not support it. In the second appeal the subgrantee claims that the childcare services were essential to allow parents to complete their recovery assistance applications, to return to their property, and to take care of their recovery needs.
Issues: Are recreational and social services (childcare) eligible for FEMA assistance under section 403?
Findings: No. These services are not eligible because they do not come within the eligibility criteria of emergency protective measures.
Rationale: Recreational and social services, including childcare, are not considered essential services in the protection of life and public health, pursuant to 44 CFR 206.225 (a)(3), which states; "In order to be eligible for Federal assistance, the emergency protective measure must: (i) eliminate or lessen threats to life, public health or safety
Appeal Brief
| Disaster | FEMA-1046-DR |
| Applicant | Monterey County |
| Appeal Type | Second |
| PA ID# | 053-00000 |
| PW ID# | 73417 |
| Date Signed | 1997-10-03T04:00:00 |
Cross-Reference: DSR 73417; Emergency Protective Measures; Childcare expenses
Summary: Heavy rains in March of 1995, resulted in the flooding of areas of Monterey County (County) and the evacuation of County residents. The County established childcare/daycare services to provide care and activities for children whose parents "were either busy applying for assistance or had left the fairgrounds to check on their homes and secure personal belongings." FEMA prepared DSR 73417 on June 28, 1995, for $25,769.11 to reimburse the County for services and supplies associated with the childcare. Upon review, FEMA reduced the DSR to $0, because childcare is not considered an essential service in the protection of life and public health and is not eligible expense. On February 8, 1996, the State forwarded the subgrantee's first appeal which requested FEMA approve DSR 73417 at the original level of funding. However, the State indicated it agreed with FEMA's original eligibility determination. On August 22, 1996, the Regional Director denied the appeal because the activities performed by the subgrantee are not considered an essential service of a governmental nature or an emergency measure, in accordance with 44 CFR 206.225. On March 12, 1997, the State submitted the subgrantee's second appeal, and again did not support it. In the second appeal the subgrantee claims that the childcare services were essential to allow parents to complete their recovery assistance applications, to return to their property, and to take care of their recovery needs.
Issues: Are recreational and social services (childcare) eligible for FEMA assistance under section 403?
Findings: No. These services are not eligible because they do not come within the eligibility criteria of emergency protective measures.
Rationale: Recreational and social services, including childcare, are not considered essential services in the protection of life and public health, pursuant to 44 CFR 206.225 (a)(3), which states; "In order to be eligible for Federal assistance, the emergency protective measure must: (i) eliminate or lessen threats to life, public health or safety
Appeal Letter
October 3, 1997
Ms. Nancy Ward
Governor's Authorized Representative
Governor's Office of Emergency Services
Post Office Box 239013
Sacramento, California 95823
Dear Ms. Ward:
This is in response to your March 12, 1997, letter to the Federal Emergency Management Agency (FEMA). With that letter, you forwarded a second appeal of damage survey report (DSR) 73417 under FEMA-1046-DR-CA on behalf of Monterey County (County). The County is requesting funding of $25,769 for expenses resulting from childcare services and associated supplies.
We have carefully reviewed the information submitted with the second appeal and have determined that the childcare services and associated supplies provided by the County are not essential services of a governmental nature in the protection of life and public health, as required by 44 CFR 206.225 (a)(3). Therefore, I am denying the second appeal as further explained in the enclosed appeal analysis.
Please inform the applicant of my determination. The applicant may submit a third appeal to the Director of FEMA. The appeal must be submitted through your office and the Regional Director within 60 days of receipt of this determination.
Sincerely,
/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
Enclosure
Ms. Nancy Ward
Governor's Authorized Representative
Governor's Office of Emergency Services
Post Office Box 239013
Sacramento, California 95823
Dear Ms. Ward:
This is in response to your March 12, 1997, letter to the Federal Emergency Management Agency (FEMA). With that letter, you forwarded a second appeal of damage survey report (DSR) 73417 under FEMA-1046-DR-CA on behalf of Monterey County (County). The County is requesting funding of $25,769 for expenses resulting from childcare services and associated supplies.
We have carefully reviewed the information submitted with the second appeal and have determined that the childcare services and associated supplies provided by the County are not essential services of a governmental nature in the protection of life and public health, as required by 44 CFR 206.225 (a)(3). Therefore, I am denying the second appeal as further explained in the enclosed appeal analysis.
Please inform the applicant of my determination. The applicant may submit a third appeal to the Director of FEMA. The appeal must be submitted through your office and the Regional Director within 60 days of receipt of this determination.
Sincerely,
/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
Enclosure
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