Sponsored by:
Senator JOSEPH F. VITALE
District 19 (Middlesex)
SYNOPSIS
Requires that certain provider subsidy payments for child care services be based on enrollment.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning State subsidies to child care providers and supplementing chapter 5B of Title 30 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Notwithstanding any law, rule, or regulation to the contrary and in addition to any other criteria set forth by the Division of Family Development in the Department of Human Services to determine a provider’s subsidy payment for child care services, the division shall determine the subsidy payment for child care services issued to a licensed child care provider shall be based on the number of children enrolled with the provider who are eligible for child care services. At no time shall a subsidy payment for child care services issued to a licensed child care provider be based on the attendance of eligible children for child care services.
b. A licensed child care provider for which the subsidy payment is based on enrollment of children who are eligible for child care services shall comply at all times with requirements concerning the ratio of staff to enrolled children, as established pursuant to regulation by the Office of Licensing in the Department of Children and Families. At no time shall this ratio be based on the attendance of children eligible for child care services.
c. Within 24 months following the effective date of this act, the division shall submit a written report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature comparing the costs of basing child care provider subsidy payments on the number of children eligible for child care services enrolled with the provider and basing such subsidy payments on the attendance of children eligible for child care services.
d. The Commissioner of Human Services shall apply for such State plan amendments or waivers as may be necessary to implement the provisions of this section and to continue to secure any available federal financial participation for the applicable child care programs.
e. As used in this section, “child care services” means those services provided to eligible children, as certified by the Division of Family Development within the Department of Human Services, for which the division receives and administers State and federal funding to provide subsidy payments to licensed child care providers.
2. The Commissioner of Human Services, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.) shall adopt rules and regulations necessary to implement the provisions of this act.
3. This act shall take effect immediately and shall expire two years after the federal government approves the State’s application for a State plan amendment or waiver, pursuant to section 1 of this act, or the division implements the revised child care subsidy payment rates, whichever occurs earlier.
STATEMENT
This bill requires that subsidy payments to licensed child care providers be based on enrollment of students who are eligible for child care services, rather than on attendance. Under the bill, “child care services” means those services provided to eligible children, as certified by the Division of Family Development within the Department of Human Services, for which the division receives and administers State and federal funding to provide subsidy payments to licensed child care providers.
Under the bill, in addition to any other criteria set forth by the Division of Family Development in the Department of Human Services to determine a provider’s subsidy payment for child care services, the division is required to determine the subsidy payment for child care services issued to a licensed child care provider based on the number of children enrolled with the provider who are eligible for child care services. The bill stipulates that at no time is a subsidy payment for child care services issued to a licensed child care provider to be based on attendance of eligible children for child care services. Currently, the division determines subsidy payments to all providers based on the attendance, age, and disability-status of eligible children.
The bill additionally stipulates that any licensed child care provider for which subsidy payments are based on enrollment of children who are eligible for child care services are to comply at all times with requirements regarding the ratio of staff to enrolled children, as established by the Office of Licensing in the Department of Children and Families. Such licensed child care providers are specifically prohibited from revising this staff to child ratio in response to fluctuations in attendance by subsidy-eligible students.
The provisions of the bill require that the division, within 24 months following the effective date of the legislation, submit a written report to the Governor and to the Legislature comparing the costs of basing provider subsidy payments on the number of children eligible for child care services enrolled with the provider versus basing such subsidy payments on the attendance of children eligible for child care services.
The bill also directs the Commissioner of Human Services to apply for such State plan amendments or waivers as may be necessary to implement the provisions of this section and to continue to secure any available federal financial participation for the applicable child care programs.
The provisions of the bill are to take effect immediately, and expire two years after the earlier of federal approval of the State’s waiver or State plan amendment application, or departmental implementation of the revised child care subsidy rates for qualified providers.